Township of Stafford, NJ General Provisions

COURT, INNERAny court other that an outer court, including a court completely surrounded by building walls and an interior lot line. The size of an inner court is measured in the same manner as an outer court.

DIAMETER AT POINT OF MEASUREMENT

COURT, OUTEROne which opens for its full width into a yard or a street. The depth of an outer court is the greatest horizontal dimension measured at right angles for the yard or street upon which such court opens to the face of the opposite building or wall. The width of an outer court is its least horizontal dimension measured at right angles to its depth.

CRITICAL AREA

Land within a flood hazard area (floodway or flood-fringe) as delineated by the New Jersey Department of Environmental Protection, land which contains slopes exceeding a fifteen-percent grade, or land containing freshwater wetlands.

[Added 11-5-2007 by Ord. No. 2007-99]

CURBLINE

A stone, concrete, or other improved boundary marking the edge of a roadway or paved area.

[Added 11-5-2007 by Ord. No. 2007-99]

CURB LEVEL

The elevation of the street curb in front of the midpoint of the front lot line.

[Added 11-5-2007 by Ord. No. 2007-99]

DAY-CARE CENTER

The same as "child-care center."

[Added 10-24-1997 by Ord. No. 97-86]

DECK

An above-grade, unroofed structure without walls that is attached to a residential dwelling unit, 12 inches or more above grade.

[Added 11-5-2007 by Ord. No. 2007-99]

DEMOLITION

The partial or total razing, dismantling, or destruction of any building or of any improvement within the Township.

[Added 11-5-2007 by Ord. No. 2007-99]

DENSITY, GROSS

The permitted number of dwelling units per gross tract area of land to be developed. The result is expressed in dwelling units per acre.

[Added 11-5-2007 by Ord. No. 2007-99]

DETENTION FACILITY

A stormwater system which temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream conveyance system. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and are, therefore, not considered in the facility's design. Since a detention facility impounds runoff only temporarily, it is normally dry during nonrainfall periods.

[Added 11-1-1990 by Ord. No. 90-63]

DEVELOPER

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

[Added 11-5-2007 by Ord. No. 2007-99]

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land.

[Amended 8-16-1988 by Ord. No. 88-69; 11-5-2007 by Ord. No. 2007-99]

DEVELOPMENT FEE

Money paid by an individual, person, partnership, association, company, or corporation for the improvement of property, as permitted in COAH's rules.

[Added 11-5-2007 by Ord. No. 2007-99]

The diameter of a tree measured 4 1/2 feet (forestry method) above the ground level on the downhill side for existing trees. Trees utilized in the replacement of existing trees or proposed as part of a landscape plan shall be measured 12 inches above ground level for trees over a four-inch caliper. The measurement shall be six inches above grade for trees up to a four-inch caliper (nursery method). Diameter at point of measurement may appear as the abbreviation "DPM."

[Added 11-5-2007 by Ord. No. 2007-99]

DISTRIBUTION FACILITY

An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by rail or motor vehicle.

[Added 11-5-2007 by Ord. No. 2007-99]

DISTURB

To dig, dredge, excavate, remove, deposit, grade, clear, level, fill, or otherwise alter or change the location or contour of land or otherwise cause land to be exposed to the dangers of erosion.

[Added 11-5-2007 by Ord. No. 2007-99]

DRIPLINE

A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk, whichever is greater.

[Added 11-5-2007 by Ord. No. 2007-99]

DRIVE-THROUGH FACILITY

An establishment that, by design, physical facilities, service, or packaging procedures, encourages, or permits, customers to receive service or obtain goods while remaining in their motor vehicles.

[Added 11-5-2007 by Ord. No. 2007-99]

DRIVEWAY

A private right-of-way providing access for motor vehicles to a garage, dwelling, or other building from a street or other right-of-way.

[Added 11-5-2007 by Ord. No. 2007-99]

DRIVE APRON

That portion of a driveway that lies between the street side of the sidewalk and the curbline or edge of pavement.

[Added 11-5-2007 by Ord. No. 2007-99]

DRIVEWAY, JOINT

A private driveway providing access to two or more properties.

[Added 11-5-2007 by Ord. No. 2007-99]

DUMP

A lot or land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purposes, of garbage, sewage, trash, refuge, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind. See also "junkyard."

[Added 11-5-2007 by Ord. No. 2007-99]

DUPLEX

A two-unit dwelling sharing a common vertical separation, with independent means of ingress and egress for each unit.

[Added 11-5-2007 by Ord. No. 2007-99]

DUST-FREE SURFACE

A surface adequately covered with concrete, bituminous products or surface-treated macadam, properly drained and maintained in good condition at all times.

[Added 11-5-2007 by Ord. No. 2007-99]

DWELLING, JOINT-OCCUPANCY

A building containing both residential and nonresidential uses.

[Added 11-5-2007 by Ord. No. 2007-99]

DWELLING, MULTIPLE-FAMILY

Any building under a single roof, with or without firewall partitions, designed for occupancy by three or more households living as families.

DWELLING, PATIO HOME

A one-family dwelling on a separate lot, with open space setbacks on three sides and with a court.

DWELLING, QUADRUPLEX

Four attached dwellings in one structure, in which each unit has two open exposures and shares one or two walls with an adjoining unit or units.

DWELLING, SINGLE-FAMILY

A detached dwelling for signed for the use of a single household, including one or more people living as a family.

DWELLING, TOWNHOUSE

A one-family dwelling unit in a row of three or more units such that each unit has its own front and rear access to the outside; is not located over another unit; and is separated from any other unit by one or more vertical common fire-resistant walls.

[Amended 6-24-2003 by Ord. No. 2003-74]

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT

A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one family.[8]

DWELLING UNIT, APARTMENT

See "dwelling, multiple-family."

[Added 11-5-2007 by Ord. No. 2007-99]

DWELLING UNIT, REHABILITATED

A previously substandard dwelling unit, as further defined herein, which has undergone significant renovation to meet municipal or other applicable housing code standards. Upon the rehabilitation of a substandard dwelling unit, housing deficiencies shall be corrected and the dwelling unit shall be brought up to code standard. The standard for evaluating the rehabilitation activity of a substandard dwelling unit shall be the local property maintenance code or, if none is available, the BOCA Property Maintenance Code in effect at the time of evaluation. The rehabilitation activity shall not include luxury improvements, the purchase of appliances (with the exception of stoves) or improvements that are strictly cosmetic. A rehabilitated dwelling unit is considered complete on the date of final inspection.

[Added 11-5-2007 by Ord. No. 2007-99]

DWELLING UNIT, SINGLE-FAMILY ATTACHED

A structure containing two housekeeping units that are attached to each other by means of an unpierced wall extending from ground to roof, which may be located on a single lot or subdivided along the common wall.

[Added 11-5-2007 by Ord. No. 2007-99]

DWELLING UNIT, SUBSTANDARD

A dwelling unit with health and safety code violations that require the repair or replacement of a major system. A major system shall include weatherization, a roof, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems) and/or a load-bearing structural system.

[Added 11-5-2007 by Ord. No. 2007-99]

EARLY CHILDHOOD EDUCATION CENTER

A public education facility as defined by the New Jersey Department of Education.

[Added 11-5-2007 by Ord. No. 2007-99]

ELEVATED BUILDING

A nonbasement building 1) built in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by the means of piling, columns (posts or piers), or shear walls, parallel to the flow of the water, and 2) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, elevated buildings shall also include a building elevated by means of fill or solid foundation and perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

[Added 11-5-2007 by Ord. No. 2007-99]

EROSION

Detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

[Added 11-5-2007 by Ord. No. 2007-99]

ESSENTIAL SERVICES

The erection, construction, alteration, or maintenance by public utilities, or municipal or other governmental agencies, of underground or overhead facilities, or systems reasonably necessary for furnishing adequate service for the public health, safety, or general welfare.

[Added 10-24-1997 by Ord. No. 97-86; amended 11-5-2007 by Ord. No. 2007-99]

EVERGREEN TREE

A woody plant with one main stem and foliage which will remain on the plant in its green condition throughout the year and which will exhibit a mature height of at least 12 feet to 15 feet.

[Added 1-31-1989 by Ord. No. 89-10]

EXCAVATION or CUT

Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated.

[Added 11-5-2007 by Ord. No. 2007-99]

EXTENDED-STAY LODGING FACILITY

A lodging establishment designed and intended for the temporary lodging of business travelers which includes a cooking area and related appurtenances in every room, which has limited maid service, front desk and reception services but which does not include restaurants, conference facilities or retail/convenience stores.

[Added 11-5-2007 by Ord. No. 2007-99]

FAMILY

A single, nonprofit housekeeping unit which bears the generic character of a relatively stable and permanent functioning unit.

[Added 11-5-2007 by Ord. No. 2007-99]

FAMILY DAY-CARE HOME

[Added 10-24-1997 by Ord. No. 97-86]

Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day-care in which child-care services are regularly provided to no fewer than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:

The child being cared for is legally related to the provider; or

[Added 11-5-2007 by Ord. No. 2007-99]

The child is being cared for as part of a cooperative agreement between parents for the fare of their children by one or more of the parents, where no payment for the care is being provided.

FARM

The sum total of cropland, woodland, permanent or temporary pasture, together with the necessary buildings and other structures or facilities both contiguous or noncontiguous, that come under one farm management unit.

[Added 11-5-2007 by Ord. No. 2007-99]

FARM, COMMERCIAL

A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.); or

FARM, PICK-YOUR-OWN (P-Y-O)

A farm management unit less than five acres producing agricultural or horticultural products worth $50,000 or more annually.

FARM MARKET

A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing, at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall annually produce agricultural or horticultural products worth at least $2,500.

[Added 11-5-2007 by Ord. No. 2007-99]

An alternative which provides retail customers the opportunity to pick (harvest) from the farmer's (producer's) field agricultural products such as vegetables, fruits, flowers (P-Y-O or dig-your-own), Christmas trees (cut-your-own, choose-and-cut, choose-and-have-it-cut). Farms offering P-Y-O may have products already picked, cut or dug and waiting for the customer, allowing the customer to pick some or none of the products sought.

[Added 11-5-2007 by Ord. No. 2007-99]

FCC

The Federal Communications Commission.

[Added 11-5-2007 by Ord. No. 2007-99]

FENCE or FENCING

Any wood, metal or masonry structure(s) or any wall or hedges constructed on the front, side or rear yard and designed to shield, screen, separate or protect a lot(s) or a portion of a lot(s).

[Added 1-31-1989 by Ord. No. 89-10]

FINAL APPROVAL

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

[Added 11-5-2007 by Ord. No. 2007-99]

FLOATING HOME

Any vessel in fact used, designed or occupied as a permanent dwelling unit business, office or source of any occupation or for any private or social club of whatever nature, including but not limited to a structure constructed upon a barge, primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of the Township, whether such vessel is self-propelled or not, and whose volume coefficient is greater than 3,000 square feet "Volume coefficient" is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.

FLOATING HOME MARINA

That area within the Township covered by any waterway within the Township where one or more sites or locations are rented or offered for rent, sold or offered for sale for the location of floating homes.[9]

FLOOD, DESIGN

Design flood (floodway or flood hazard area) is the relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, and represents a major flood of reasonable expectancy, reflects both flood experience and flood potential, and is the basis of the delineation of the floodway and the flood hazard area and the water surface elevations thereof.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOD-FRINGE AREA

That portion of the flood hazard area outside of the floodway which is subject to less severe flooding.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOD HAZARD AREA

Consists of the floodway and flood-fringe area, being the areas that are subject to flooding.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Township.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOD INSURANCE STUDY

The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOD OF RECORD

The greatest flood in a given area for which accurate records are available and/or as determined by the New Jersey State Department of Environmental Protection.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

[Added 11-5-2007 by Ord. No. 2007-99]

The overflow of inland or tidal waters; and/or

HAZARDOUS MATERIAL OR SUBSTANCE

The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN

See "flood hazard area."

[Added 11-5-2007 by Ord. No. 2007-99]

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOR AREA, GROSS

The total floor area of a building computed by measuring the horizontal dimensions of the outside walls of all enclosed portions of the building, including halls, enclosed porches, attics, cellars, basements and garages.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOR AREA, LIVABLE

All finished spaces within the exterior walls of a dwelling exclusive of garages, breezeways, unheated porches, cellars and basements, having a window area of less than 10% of the square-foot area of the room. Usable floor area shall include all finished spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit, and all attic spaces having a clear height of six feet from finished floor level to pitch of roof rafter and with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.

[Added 11-5-2007 by Ord. No. 2007-99]

FLOOR AREA RATIO (FAR)

The floor area in square feet of all buildings and structures on a lot divided by the area of such lot in square feet.

[Added 11-5-2007 by Ord. No. 2007-99]

FRONT PORCH LINE

A line formed by the intersection of a porch foundation wall with the ground or, when viewed in plan, the outermost extremity of the roof, whichever is closer to the front lot line.

[Added 11-5-2007 by Ord. No. 2007-99]

FUNERAL HOME

A building used for the preparation of the deceased for burial and/or the display of the deceased and rituals connected therewith before burial or cremation.

[Added 11-5-2007 by Ord. No. 2007-99]

GARAGE, PRIVATE

A fully enclosed detached accessory building, or a portion of a principal building, used primarily for the storage of vehicles owned or used by the occupant of the principal building or used for the storage of incidental items to which the garage is an accessory. No more than one garage space may be rented to persons not residing on the property, and not more than one commercial vehicle, not to exceed one-ton rated capacity, may be stored therein.

[Added 11-5-2007 by Ord. No. 2007-99]

GARAGE, PUBLIC

Any garage, other than a private garage, available to the public, operated for gain and which is used for the equipping, adjusting, storage, rental, repair, inspecting, grading, washing, polishing or other cleaning, maintenance and servicing of gasoline or oil or other fuel for vehicular propulsion. This term shall include gasoline filling and motor vehicle service stations and all gasoline and oil pumps maintained in conjunction therewith but shall not be construed to include motor vehicle showrooms for new and used motor vehicles.

GARAGE, REPAIR

Any building, premises and land in which or upon which a business or service involving the maintenance, servicing or repair of vehicles is conducted.

[Added 11-5-2007 by Ord. No. 2007-99]

GARDEN APARTMENTS

A group of multifamily dwellings, architecturally designed with one unit placed on top of another unit up to three units in height, designed for the rental or sale of the individual units, having common open space and designed in accordance with the requirements for such dwellings, as set forth in this chapter.

[Added 11-5-2007 by Ord. No. 2007-99]

GARDEN CENTER

Land, greenhouses or structures used to raise and/or sell flowers, shrubs, plants and other garden-related items.

[Added 11-5-2007 by Ord. No. 2007-99]

GRADE, ESTABLISHED

The elevation of the center line of streets, as officially established by the Township, county, or state.

[Added 11-5-2007 by Ord. No. 2007-99]

GRADE, FINISHED

The completed surfaces of lawns, walks and roads brought to grades as shown on municipally reviewed plans or designs conforming to established municipal standards.

GREENHOUSE

A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.

[Added 11-5-2007 by Ord. No. 2007-99]

GREEN SPACE

The total portion of the lot or tract required to be covered by vegetation, either naturally occurring and/or landscaped.

GROSS ACREAGE

The entire area of a tract after deduction for dedication for roads and other improvements, natural tidal or nontidal bodies of water, wetlands or other state- or federally regulated nonbuildable lands.

GROUND COVER

Low-growing (under three feet in height) woody or herbaceous plants that form a dense mat-like covering of the area in which they are planted preventing soil from being blown or washed away and the growth of undesirable (weed) plants.

[Added 1-31-1989 by Ord. No. 89-10]

HAM RADIO ANTENNA

A device mounted on a freestanding support structure, or secured to the roof or wall of a building, and used to receive and transmit radio communications between other terrestrially based sites.

[Added 11-5-2007 by Ord. No. 2007-99]

Any hazardous substance, as defined in 40 CFR 302.4 and listed in Table 302.4, List of Hazardous Substances and Reportable Quantities, or any hazardous pollutant, as defined pursuant to N.J.A.C. 7:9-6.4.

[Added 10-24-1997 by Ord. No. 97-86]

HEALTH AND FITNESS CLUB

An establishment that provides facilities for physical exercises and/or saunas, showers and lockers.

[Added 11-5-2007 by Ord. No. 2007-99]

HEALTH CARE FACILITY

A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.

[Added 10-24-1997 by Ord. No. 97-86]

HEDGE

Several plants, usually planted in a formal line or row, at a very tight spacing in order to achieve a continuous line or mass of foliage to shield, screen, separate or protect a lot(s) or a portion of a lot(s).

[Added 1-31-1989 by Ord. No. 89-10]

HELISTOP, PRIVATE

A ground level area of defined dimensions designed for the landing and takeoff of helicopters. Such area shall be limited to the operation of helicopters which are owned or controlled by the owner or occupant of the purposes or by specific persons authorized by the owner/occupant. Such area may include refilling but no maintenance, repair or hangar facilities, except a tie down area may be provided for and limited to a single aircraft.

[Added 7-21-1998 by Ord. No. 98-51]

HOME OCCUPATION

[Amended 5-18-1993 by Ord. No. 93-31; 11-1-1994 by Ord. No. 94-97; 10-24-1997 by Ord. No. 97-86]

Any activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling or accessory building to the principal residential use. A home occupation shall be further defined as an accessory use that:

Is clearly accessory and incidental to the detached single-family principal use of the structure and property.

Is conducted entirely within the dwelling or accessory building.

Is conducted by and limited to a member and members of the immediate family residing in the single-family dwelling and no more than one employee or family member not residing in the principal dwelling.

(4)

Occupies not more than 10% of the total floor area of the residential structure and, further, provided that the remaining floor area of the structure shall meet or exceed the minimum habitable floor area requirement of the zone.

(5)

Does not alter the residential appearance of a principal residential structure or the residential appearance of the property upon which it is conducted.

(6)

Does not involve outdoor storage of equipment or materials.

(7)

Does not involve signage other than a single lighted or unlighted identification sign not exceeding two square feet in area.

(8)

Does not involve the retail sale of goods and/or services offered or produced by the home occupation from the property other than by appointment.

(9)

Does not involve truck deliveries (except parcel delivery services, e.g., UPS) and no more than an average of 10 vehicle visits per week, including parcel delivery services (resident family or permitted employees shall not be included in this calculation).

(10)

Does not constitute a nuisance to adjacent residential properties for reasons of noise, odor, congestion, traffic, vibration, electrical interference and other causes.

(11)

The total area utilized for a home occupation within an accessory building does not exceed more than 10% of the total floor area of the principal dwelling.

(12)

The cumulative total floor area of all home occupations conducted on any lot do not exceed 10% of the floor area of the principal building.

HOMEOWNERS' ASSOCIATION

An incorporated, nonprofit organization operating under a recorded land agreement through which:

Each lot owner, condominium owner, stockholder under a cooperative development or other owner of property or interests in the project shall be a member.

Each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization activities and maintenance, including any maintenance costs levied against the association or the municipality.

IMPERVIOUS SURFACE COVERAGE

Each owner and tenant has a right to use the common property.

HOME PROFESSIONAL OFFICE

A home occupation consisting of the office of a practitioner of a recognized profession.

[Amended 11-1-1994 by Ord. No. 94-97]

HOSPITAL

A facility to provide physical and mental health services for persons, inpatient or overnight accommodations and medical or surgical care of the sick or injured, which may include emergent care.

[Added 11-1-2005 by Ord. No. 2005-96]

HOTEL

A series of attached or detached dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for consideration, to tourists, transients and travelers and held out to the public as accommodations by the day, week or month. Wherever in this chapter the word hotel appears and restrictions are set forth to apply to the use of land for the operation of a hotel, it shall be considered synonymous with the word "motel," and the same restrictions and requirements shall apply to the construction and operation of a motel.

[Amended 12-20-1988 by Ord. No. 88-95; 3-20-2007 by Ord. No. 2007-32]

The percentage of the total area of the lot or tract, after deduction for natural tidal, nontidal bodies of water, wetlands or other state or federally regulated nonbuildable lands, which is covered in such a matter so that stormwater runoff is not absorbed by the ground. Such cover shall include, but not be limited to, the following:

Buildings.

Structures.

Parking areas.

Driveways.

Curbs.

Sidewalks.

Surfaces that are compacted such that it is resistant to infiltration by water.

(h)

Surfaces that are covered with a layer of material designed to be resistant to infiltration by water.

(i)

Driveway, brick or concrete pavers on compacted sandbags.

(j)

Dried, laid or cut stone or tile on compacted sandbags.

(k)

Decks, composed of wood, plastic or other materials.

(l)

Concrete patios, including stamped concrete.

(m)

Gravel driveways underlain by impermeable materials, such as nonporous plastics.

INDUSTRIAL OR OFFICE PARK

Detention and retention basins, drywalls and areas where noncompacted gravel is lain over a porous filtered fabric designed to allow water infiltration and prevent vegetative growth are specifically exempted from this definition.

IMPROVEMENT

Any structure, or any part thereof, constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation.

[Added 11-5-2007 by Ord. No. 2007-99]

INCOMBUSTIBLE MATERIAL

Any material that will not ignite at or below a temperature of 1,200° F. and will not continue to glow or burn at that temperature.

[Added 11-5-2007 by Ord. No. 2007-99]

A total tract comprehensively planned, designed and approved for industrial or office uses, whether or not the buildings are erected in one development stage or over a period of time, but where the streets, utilities and lots and/or tenant's parcels are set forth on a plan for the entire tract prior to construction of any portion of the tract. As development takes place in accordance with the approved plans, changes may be made in the plans for the undeveloped section to accommodate subsequent land needs, provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities.

INDUSTRY, LIGHT

Those fields of economic activity including construction, light manufacturing, warehousing and wholesale trade.

[Added 11-5-2007 by Ord. No. 2007-99]

INFILTRATION FACILITY

A stormwater system which temporarily impounds runoff and discharges it via infiltration through the surrounding soil. While an infiltration facility may also be equipped with an outlet structure to discharge impounded runoff, such discharge is normally reserved for overflow and other emergency conditions. Since an infiltration facility impounds runoff only temporarily, it is normally dry during nonrainfall periods.

[Added 11-1-1990 by Ord. No. 90-63]

INN

A commercial facility for the housing and feeding of transient guests which may include banquet facilities. An inn shall contain less than 25 units/rooms and shall be situated on a lot with a minimum lot area of 1.0 acre or greater. The use of the banquet facilities shall be event/dining-oriented (e.g., weddings, private parties) and shall not be entertainment-oriented. The bulk requirements of detached single-family dwellings shall apply.

[Added 1-18-2005 by Ord. No. 2005-4; amended 5-2-2006 by Ord. No. 2006-35]

INTEGRATED COMMERCIAL DEVELOPMENT

A development of a commercial or business nature, comprised of single or multiple uses and developed in accordance with the provisions of this chapter and an overall development plan approved by the Planning Board.

[Added 10-24-1997 by Ord. No. 97-86]

INTERNAL WALKWAYS AND PATIOS

Any path, walkway, patio or sidewalk within the perimeters of a lot, which has been compacted or covered with a layer of material so that it is resistant to infiltration by water.

[Added 3-20-2007 by Ord. No. 2007-32]

IRRIGATION

Controlled dispersion of water from any source for the purpose of irrigating landscape vegetation or the control of dust and erosion on landscape areas.

[Added 11-20-2007 by Ord. No. 2007-110]

IRRIGATION SYSTEM

Any assemblage of components, materials, or special equipment which is designed, constructed and installed for controlled dispersion of water from any source for the purpose of irrigating landscape vegetation or the control of dust and erosion on landscape areas, including integral pumping systems or integral control systems for the manual, semiautomatic, or automatic control of the operation of these systems.

[Added 11-20-2007 by Ord. No. 2007-110]

ISLAND

In road and parking area design, a raised planting area, usually curbed, placed to guide traffic, separate lanes, limit paving (impervious surface), preserve existing vegetation and increase aesthetic quality.

[Added 1-31-1989 by Ord. No. 89-10]

JUNK

Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale, or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or other use or disposition. This definition also includes, but is not limited to, unregistered, inoperable vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood and lumber.

[Added 11-5-2007 by Ord. No. 2007-99]

JUNKYARD

An area or structure used for the collecting, storage, buying, trading or abandonment of any refuse and/or discarded material or the dismantling, demolition, salvaging or abandonment of processing structures, automobiles or other vehicle equipment and machinery or parts thereof, with the deposit of domestic, commercial, industrial or sanitary waste or garbage excluded.

KENNEL

Any building, structure, or premises in which cats, dogs or other domesticated animals are kept, boarded, bred, or trained for a fee or compensation.

[Added 11-5-2007 by Ord. No. 2007-99]

LAND

Any ground, soil, or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality.

[Added 11-5-2007 by Ord. No. 2007-99]

LEASEHOLD AREA

A designated area bound by leasehold lines.

[Added 11-5-2007 by Ord. No. 2007-99]

LEASEHOLD LINE

A line of record bounding a leasehold area that divides a leasehold area from another leasehold area, lot, or from a public or private street, or any other public space.

[Added 11-5-2007 by Ord. No. 2007-99]

LOADING SPACE

An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading material.

LONG-TERM CARE FACILITY

An institution or a distinct part of an institution that is licensed or approved by the New Jersey Department of Health pursuant to N.J.A.C. 8:33-1 et seq. to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the owner or operator or its members by marriage, blood or adoption. These facilities are also referred to as nursing homes, extended care centers and skilled nursing facilities.

[Amended 10-24-1997 by Ord. No. 97-86]

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.

[Added 11-5-2007 by Ord. No. 2007-99]

LOT AREA

The size of a lot measured within the lot lines bounding the lot and expressed in terms of acres or square feet.

LOT, CORNER

Any lot which occupies the interior angle of the intersection of two street lines. On all corner lots, the required building setback line paralleling both street frontages shall not be less than the minimum front yard setback requirements of an adjoining interior lot fronting on said street. On all corner lots, the lot width shall be equal to or greater than the minimum depth of lot requirements of the zoning district. The required lot width and lot depth shall be measured along the required front yard building setback line. All corner lots shall have two front yards, one side yard and one rear yard.

LOT COVERAGE

The percentage of the lot area covered by the total building area, including any building feature such as decks, porches, platforms or terraces and the area of all accessory structures after deduction for natural tidal, nontidal bodies of water, wetlands or other state- or federally regulated nonbuildable lands.

[Amended 12-20-1988 by Ord. No. 88-95; 3-15-2022 by Ord. No. 2022-06]

LOT, DEPTH OF

The shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.

LOT FRONTAGE

The lot frontage shall be measured along the street line between the property side lines and in no case shall be less than 2/3 of the required width of the lot.

LOT LINE

Any line forming a portion of the exterior boundary of a lot. The lot line is the same as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.

LOT LINE, FRONT

The lot line separating a lot from a street right-of-way.

[Added 11-5-2007 by Ord. No. 2007-99]

LOT LINE, REAR

The lot line opposite and most distant from the front lot line. In the case of a corner lot, the lot line opposite the shorter front street line shall be considered the rear lot line. In the case of a lagoon lot for which its survey shows a rear lot line extending beyond the bulkhead, the rear setback shall be measured from the rear lot line but no more than two feet from the outside sheathing of the bulkhead.

[Added 11-5-2007 by Ord. No. 2007-99; amended 5-21-2013 by Ord. No. 2013-07]

LOT LINE, SIDE

Any lot line other than a front lot line or rear lot line.

[Added 11-5-2007 by Ord. No. 2007-99]

LOT, REVERSE FRONTAGE

A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

[Added 11-5-2007 by Ord. No. 2007-99]

LOT, THROUGH

A lot which fronts upon two streets which do not intersect at the boundaries of the lot.

LOT, WIDTH OF

The distance between the property side lines, measured at the minimum front yard setback line.

[Amended 9-5-1989 by Ord. No. 89-56]

LOWER-INCOME HOUSEHOLD

A household meeting the regional income eligibility limits for low- and moderate-income households or for low- and very-low-income households in the document entitled "Section 8 Rental Assistance Program, Income by Family Size," published by the U.S. Department of Housing and Urban Development (HUD).

[Added 11-5-2007 by Ord. No. 2007-99]

LOWEST FLOOR

The lowest level of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other nonelevation design requirements.

[Added 11-5-2007 by Ord. No. 2007-99]

LOW-INCOME

Less than 50% of the median income for the region when used with, and compared to, the term "moderate-income" or 50% to 80% of the median income for the region when used with and compared to the term "very-low-income" in the document entitled "Section 8 Rental Assistance Program, Income by Family Size," published by the U.S. Department of Housing and Urban Development (HUD).

[Added 11-5-2007 by Ord. No. 2007-99]

MAINTENANCE GUARANTEE

Any security which may be accepted by the Township for the maintenance of any required improvements.

[Added 11-5-2007 by Ord. No. 2007-99]

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MANUFACTURED HOME

A factory-built, single-family structure consisting of one or more transportable sections constructed off site and assembled together on site, built on a permanent chassis for use on a permanent or nonpermanent foundation or mobile home and meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401 et seq.) and the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) All attached decks, Florida rooms, carports and other similar structures shall be considered part of the principal structure and subject to all standards and requirements applicable thereto.

[Added 10-24-1997 by Ord. No. 97-86]

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.

[Added 11-5-2007 by Ord. No. 2007-99]

MANUFACTURING

Any process whereby the nature, size, or shape of articles or raw materials is changed or where articles are assembled or packaged.

[Added 11-5-2007 by Ord. No. 2007-99]

MARINA

Any waterfront facility wherein berthing spaces for any watercraft or boats are offered for rental by the operator. A marina shall be deemed to include, in addition, automobile parking facilities, sanitary facilities, motor fuel sales, boat sales, repairs, maintenance and service; excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental of one or more berthing spaces to other than the residents of the property contiguous to the same shall be deemed to constitute a marina, and the same shall conform to all provisions of this chapter pertaining to marinas.

MARQUEE

A permanent, rooflike structure extending from part or all of a building or other structure over a public or quasi-public right-of-way and constructed of a durable material such as metal, glass or plastic.

[Added 11-5-2007 by Ord. No. 2007-99]

MEDICAL BUILDING

A building intended to house one or more offices and/or laboratories for medical professions licensed by the State of New Jersey.

[Added 11-5-2007 by Ord. No. 2007-99]

MEDICAL OFFICE/SURGERY CENTER

A facility that delivers simple surgical procedures on an outpatient basis and requires less than a twenty-four-hour hour stay by the patient.

[Added 11-1-2005 by Ord. No. 2005-96]

MEMBERSHIP CLUB

A building, lot, or land area used as a private club or social organization, not conducted for profit or gain, and which is not an adjunct to or operated by or in connection with or as a public tavern, cafe, restaurant, or other like public space.

[Added 11-5-2007 by Ord. No. 2007-99]

MEZZANINE

An intermediate level between the floor and ceiling of any story and covering not more than 33% of the floor area of the room in which it is located.

[Added 11-5-2007 by Ord. No. 2007-99]

MICROBREWERY

An establishment that holds a limited brewery license pursuant to N.J.S.A. 33:1-10 and may conduct tours and/or allow observation of the brewing process.

[Added 12-16-1997 by Ord. No. 97-98]

MINING

An extractive process involving the removal of soil, earth, sand, clay, ground, humus peat or ilmenite.

[Amended 8-16-1988 by Ord. No. 88-69]

MINOR SUBDIVISION

A subdivision of land that does not involve the creation of more than two additional lots, planned development as defined within the Municipal Land Use Law, a new street or extension of any off-tract improvements.

[Added 1-31-1989 by Ord. No. 89-10; amended 7-20-2004 by Ord. No. 2004-54]

MIXED-USE BUILDING

A building that contains a mix of more than one type of use, provided that residential is permitted on the upper floors only.

[Added 11-5-2007 by Ord. No. 2007-99]

MIXED-USE RESIDENTIAL BUILDING

A building that contains both residential and nonresidential uses. See also "dwelling, joint-occupancy."

[Added 11-5-2007 by Ord. No. 2007-99]

MOBILE HOME

A dwelling unit, manufactured in one or more sections, designed for long-term occupancy, containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems, and designed to be transported on its own wheels after fabrication or on a flatbed or on other trailers, arriving at the site where it is to be occupied as a complete dwelling, usually including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers and campers are not considered mobile homes. A mobile home may be placed on a permanent or nonpermanent foundation; provided, however, that in the event that a nonpermanent foundation is used, the mobile home shall be installed and anchored in accordance with the requirements set forth in 24 CFR 3280.305 and 3280.306 and the requirements of the New Jersey Uniform Construction Code.[10]

[Added 9-5-1995 by Ord. No. 95-83]

MOBILE HOME PARK

An area developed as a single entity, containing spaces for the location of a mobile home (as defined in Chapter 140, Mobile Home Parks) and required improvements and utilities. Mobile home parks are privately owned and operated facilities with private roadways, utilities, stormwater management and community facilities available only to the residents of said park. Road maintenance, snowplowing and other such services shall be the responsibility of the mobile home park owner.

[Amended 10-24-1997 by Ord. No. 97-86]

MOBILE HOME SPACE

A plat of land utilized for the placement of a single mobile home unit within a mobile home park.

[Added 10-24-1997 by Ord. No. 97-86]

MODEL HOME

Any house or residential structure constructed as a sales exhibit for a builder, housing development or subdivision.

MODERATE-INCOME

Fifty percent to 80% of the median income for the region. In the document entitled "Section 8 Rental Assistance Program, Income by Family Size," published by the U.S. Department of Housing and Urban Development (HUD), the term "low-income" is used instead of the term "moderate-income" to refer to the 50% to 80% of median income range.

[Added 11-5-2007 by Ord. No. 2007-99]

MONOPOLE

The type of tower that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top.

[Added 11-5-2007 by Ord. No. 2007-99]

MORTUARY

See "funeral home."

[Added 11-5-2007 by Ord. No. 2007-99]

MOTEL, AUTO COURT, MOTOR LODGE or TOURIST COURT

An establishment providing sleeping accommodations to transient guests, with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

[Added 11-5-2007 by Ord. No. 2007-99]

MOTOR VEHICLE

A self-propelled device used for the transportation of people or goods over land surfaces.

[Added 11-5-2007 by Ord. No. 2007-99]

MOTOR VEHICLE RENTAL FACILITY

A facility where motor vehicles are rented to the public and the rental vehicles are stored on the site of the facility.

[Added 11-1-2005 by Ord. No. 2005-96]

MOTOR VEHICLE REPAIR GARAGE

A building or portion of a building in which the maintenance, overhauling or replacement of automobile parts is conducted as a business for profit. Such use shall not include any auto body refinishing of any nature. The term "motor vehicle repair garage" shall include "automobile repair shop."

[Added 1-18-2000 by Ord. No. 2000-18]

MOTOR VEHICLE SERVICE STATION

Any building, land area, or other premises or portion thereof used for the retail sale and direct delivery to motor vehicles of fuel and lubricating oil, either solely or in combination with light motor vehicle repairs, but excluding body repair and painting.

[Added 11-5-2007 by Ord. No. 2007-99]

MULCH

A layer of organic material such as shredded wood or leaf litter, placed on the surface of the soil around plantings to aid plant growth by retaining moisture, preventing weed growth, holding soil in place, protecting root systems and providing a neat, easily maintained surface immediately around the base of the plant.

[Added 1-31-1989 by Ord. No. 89-10]

MULTILEVEL PARKING STRUCTURE

A building or structure consisting of more than one level and used for the temporary storage of motor vehicles.

[Added 11-5-2007 by Ord. No. 2007-99]

NEIGHBORHOOD COMMERCIAL

Retail shops and services serving the immediate residential neighborhood.

[Added 11-5-2007 by Ord. No. 2007-99]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this section.

[Added 11-5-2007 by Ord. No. 2007-99]

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.

[Added 11-5-2007 by Ord. No. 2007-99]

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

[Added 11-5-2007 by Ord. No. 2007-99]

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 reasons of such adoption, revision or amendment.

[Added 11-5-2007 by Ord. No. 2007-99]

NURSERY

Land or greenhouses used to raise flowers, shrubs and plants for sale.

[Added 11-5-2007 by Ord. No. 2007-99]

NURSING HOME/CONVALESCENT HOME

See "long-term care facility."

[Added 11-5-2007 by Ord. No. 2007-99]

OCCUPANCY

The act of occupying land or a building for the purpose for which it is arranged, intended, designed or maintained.

[Added 11-5-2007 by Ord. No. 2007-99]

OFFICE

A room, or group of rooms, used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communications equipment.

[Amended 11-5-2007 by Ord. No. 2007-99]

OFFICE BUILDING

A building intended for office use.

OFF-PREMISES PARKING

Parking located on property other than that which is the subject of the development application, which is within 1,000 feet of the subject property, and which is the subject of an approved, filed parking agreement.

OFF-SITE

Located outside the lot lines of the lot in question, but within the property which is the subject of a development application, or the closest half of the street or right-of-way abutting the property of which the lot is a part.

OFF-STREET PARKING SPACE

An off-street parking area for passenger vehicles, including the storage area of each vehicle and necessary maneuvering area of each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way. Every off-street parking facility shall be accessible from a public street. Accessory garage space(s) for the storage of one or two automobiles shall be considered off-street parking space(s).

OFF-TRACT

Not located on the property that is the subject of a development application or on the closest half of the abutting street or right-of-way.

[Added 11-5-2007 by Ord. No. 2007-99]

ON-SITE

Located on the lot in question and excluding any abutting street or right-of-way.

[Added 11-5-2007 by Ord. No. 2007-99]

ON-TRACT

Located on the property that is the subject of a development application or on the closest half of an abutting street or right-of-way.

[Added 11-5-2007 by Ord. No. 2007-99]

OPEN AREA, COMMON

An open space area within, or related to, 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.

[Added 11-5-2007 by Ord. No. 2007-99]

OPEN SPACE, UNOCCUPIED

An unoccupied grassed, wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrianways within an unoccupied open space area which exceed four feet in width shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area less than 350 square feet shall not be considered as unoccupied open space.

[Added 10-24-1997 by Ord. No. 97-86]

ORNAMENTAL TREE

A woody plant which will exhibit a mature height of at least 12 to 15 feet, but not usually greater than 20 to 25 feet, which provides distinct flowers, bark or leaf coloration, fruit or form of visual variety and interest.

[Added 1-31-1989 by Ord. No. 89-10]

OUTSIDE SEATING AND SERVICE AREA

For hotels, motels and restaurants, is defined as a seating area where food and beverages may be served and beverage service may be conducted at the site of the outside seating. Food service can only be provided from an existing food preparation facility. No food preparation can be conducted in the outside seating area.

[Added 9-26-2017 by Ord. No. 2017-20]

OUTDOOR STORAGE

The keeping, other than in a building, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

[Added 11-5-2007 by Ord. No. 2007-99]

PARK

A tract of land designated and used by the public for active and passive recreation.

[Added 11-5-2007 by Ord. No. 2007-99]

PARKING LOT

An improved, off-street, ground-level open area used for the parking of motor vehicles. A parking lot may include access drives or aisles for ingress and egress.

[Added 11-5-2007 by Ord. No. 2007-99]

PARKING SPACE, OFF-STREET

A paved or surfaced area for off-street motor vehicle parking designed to meet the specifications of this chapter.

[Added 11-5-2007 by Ord. No. 2007-99]

PATIO or TERRACE

A level, landscaped, and/or surfaced area on a lot with a principal building and not covered by a permanent roof, less than 12 inches above grade.

[Added 11-5-2007 by Ord. No. 2007-99]

PERFORMANCE GUARANTEE

Any security which may be accepted by the Township to assure required improvements associated with an application for development will be satisfactorily completed.

[Added 11-5-2007 by Ord. No. 2007-99]

PERMIT

Including, but not limited to, a zoning permit, a construction permit, a demolition permit, or a permit to move, convert, relocate, or remodel.

[Added 11-5-2007 by Ord. No. 2007-99]

PERSONAL SERVICE

A service provided to an individual or group of individuals that does not produce tangible goods for retail sale or consumption.

[Added 11-5-2007 by Ord. No. 2007-99]

PERSONAL SERVICE ESTABLISHMENT

Any business use that provides services to an individual, or group of individuals, such as barbershops, dry-cleaning establishments, beauty salons, travel agencies and substantially similar type uses, and does not provide goods for retail sale or consumption.

[Added 11-5-2007 by Ord. No. 2007-99]

PERSON WITH HEAD INJURY

A person who has sustained injury, illness, or traumatic changes to the skull or the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social, or physical functions which causes partial or total disability.

[Added 11-5-2007 by Ord. No. 2007-99]

PHARMACY

A retail facility which as part of it business sells prescription and over-the-counter medications and devices and may also sell cosmetics, toiletries, stationery, tobacco products, limited food products and general merchandise.

[Added 11-1-2005 by Ord. No. 2005-96]

PLACE OF WORSHIP

A church, synagogue, temple, mosque or other facility that is used for prayer or formal religious services by a religious congregation.

[Added 11-5-2007 by Ord. No. 2007-99]

PLANNED MOBILE HOME PARK RETIREMENT COMMUNITY

A planned retirement community containing spaces with required improvements and utilities that are leased for the long-term placement of detached single-family manufactured homes.

[Added 10-24-1997 by Ord. No. 97-86]

PLANNED RETIREMENT COMMUNITY (PRC)

An area of land containing dwellings, recreational and cultural facilities and services for the benefit of the permanent residents of communities which require that the residents comply with the provisions, stipulations and restrictions regarding senior communities allowing occupancy of units by persons 55 years of age or older, as contained in the Fair Housing Act,[11] as amended in 1988.

[Added 10-24-1997 by Ord. No. 97-86]

PLANNING BOARD

The Township of Stafford Planning Board.

[Added 11-5-2007 by Ord. No. 2007-99]

POOL ROOM or BILLIARD PARLOR

Any building, structure, room, or place in which pool or billiards shall be played for gain, hire, or reward or where a fee is charged for the use of the facilities.

[Added 11-5-2007 by Ord. No. 2007-99]

PORCH

A roofed, open area attached to, and with direct access to or from, a building.

[Added 11-5-2007 by Ord. No. 2007-99]

POTABLE

Fit for human consumption.

[Added 11-20-2007 by Ord. No. 2007-110]

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to the Municipal Land Use Law[12] prior to final approval of a major site plan or major subdivision, after specific elements of a development have been approved by the delegated approving authority and agreed to by the applicant.

[Added 11-5-2007 by Ord. No. 2007-99]

PREMISES

The land, buildings, and all other facilities situated upon a lot or other property.

[Added 11-5-2007 by Ord. No. 2007-99]

PRESERVATION

The act or process of applying measures to sustain the existing form, integrity and material of a building or structure and the landscape features and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

[Added 11-5-2007 by Ord. No. 2007-99]

PRINCIPAL STRUCTURE

A building in which the principal use of the lot is conducted.

[Added 11-5-2007 by Ord. No. 2007-99]

PRINCIPAL USE

The primary or predominant use of any lot.

[Added 11-5-2007 by Ord. No. 2007-99]

PROFESSIONAL OFFICE

The office of a member of a recognized profession, which shall be so designated by the approving authority upon the finding by such approving authority that such occupation is professional in character and requires academic training, licensing and training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than would the permitted uses listed in that district. The issuance of a state or local license for regulation of any such occupation shall not, alone, be deemed indicative of professional standing. When such office is combined with a residence, the conditions of a home professional office shall apply.

[13]

PROHIBITED USE

Any use that is specifically prohibited by this chapter or otherwise not specifically permitted by this chapter.

[Added 11-5-2007 by Ord. No. 2007-99]

PROTECTION

The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

[Added 11-5-2007 by Ord. No. 2007-99]

PUBLIC UTILITY

A facility with the primary function of generating, creating, or harnessing natural or man-made energy for essential services use or distribution off site, including electrical sub- and switching stations, or the disposal or treatment of water or wastes, not including service yards, or storage and treatment yards and facilities, or wireless telecommunications facilities.

[Added 11-5-2007 by Ord. No. 2007-99]

RECEPTION AND BANQUET HALL

A facility specifically geared to providing interior areas for groups of individuals to congregate, socialize or celebrate particular events.

[Added 11-5-2007 by Ord. No. 2007-99]

RECONSTRUCTION

The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or any part thereof, as it appeared at a specific period of time.

[Added 11-5-2007 by Ord. No. 2007-99]

RECREATIONAL FACILITY

A place designed and equipped for the conduct of sports and leisure-time activities, excluding billiard parlors, video arcades, adult book and video stores, adult motion-picture theaters, cabarets, or massage shops.

[Added 11-5-2007 by Ord. No. 2007-99]

REFUSE AND RECYCLING AREA

A designated area, either within a building or a screened space on the exterior of a building, specifically designed to hold waste or recyclable materials.

[Added 11-5-2007 by Ord. No. 2007-99]

RESEARCH LABORATORY

An establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development.

[Added 11-5-2007 by Ord. No. 2007-99]

RESIDENTIAL HEALTH CARE FACILITY (RHCF)

Residences licensed by the New Jersey Department of Health pursuant to N.J.A.C. 5:70-1 et seq. usually occupied by the frail elderly that provide rooms, meals, personal care and supervised health care to four or more persons who are unrelated to the owner or administrator. Residents of RHCF's do not require skilled nursing care.

[Added 10-24-1997 by Ord. No. 97-86]

RESTAURANT

Any establishment, however designated, regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room, equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment, is conducted. However, a snack bar at a public or community recreation facility, operated solely by the public agency controlling the recreation facility for the convenience of the patrons of the facility, shall not be deemed a restaurant for purposes of this chapter.

RESTAURANT, FAST-FOOD

An establishment where patrons are served prepared foods, soft drinks, ice cream and similar confections for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESTAURANT, TAKE-OUT

An establishment where food and/or beverages are sold in a form ready for consumption, where the consumption may take place, or is designated to take place, outside the confines of a restaurant, and where ordering or pickup of food may not take place from an automobile.

[Added 11-5-2007 by Ord. No. 2007-99]

RETAIL STORE

An establishment with a primary purpose of the sale of goods or articles, individually or in small quantities, directly to the consumer.

RETENTION FACILITY

A stormwater system which, similar to a detention facility, temporarily impounds runoff and discharges its outflow through a hydraulic structure to a downstream conveyance system. Unlike a detention facility, however, a retention facility also includes a permanent impoundment and therefore, is normally wet, even during nonrainfall periods. Storm runoff inflows are temporarily stored above this permanent impoundment.

[Added 11-1-1990 by Ord. No. 90-63]

ROOMING (BOARDING) HOUSE

A dwelling or part thereof in which lodging is provided by the owner or operator to no more than six boarders, with each boarder having his or her own separate sleeping room.

[Added 11-5-2007 by Ord. No. 2007-99]

ROW HOUSE

See "townhouse."

[Added 11-5-2007 by Ord. No. 2007-99]

RSIS

Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq., as amended and supplemented.

[Added 12-16-1997 by Ord. No. 97-101]

SATELLITE DISH ANTENNA

A device incorporating a reflective surface that is solid, open mesh, or bar configured, and in the shape of a shallow dish, cone, horn or cornucopia, for use to receive and/or transmit radio or electromagnetic waves between terrestrially and/or orbitally based uses.

[Added 11-5-2007 by Ord. No. 2007-99]

SCHOOL, COMMERCIAL

The activity of a person or company engaged in the instruction of children or adults for personal gain. Specifically, "commercial schools" shall include dancing and music schools, auto-driving schools, secretarial schools and business colleges, nursery and play schools, private kindergartens, and schools for the development of the skill of an artisan.

[Added 11-5-2007 by Ord. No. 2007-99]

SCHOOL, PRIVATE ELEMENTARY, MIDDLE OR HIGH

Any building or a group of buildings the use of which meets state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

[Added 11-5-2007 by Ord. No. 2007-99]

SCHOOL, PUBLIC ELEMENTARY, MIDDLE OR HIGH

Any school licensed by the state and that meets the state requirements for elementary, secondary, or higher education.

[Added 11-5-2007 by Ord. No. 2007-99]

SCHOOL, VOCATIONAL

A secondary or higher educational facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.

[Added 11-5-2007 by Ord. No. 2007-99]

SCREEN

A structure, berm or planting which will provide a continuous visual obstruction of a site(s) or portion of a site(s).

[Added 1-31-1989 by Ord. No. 89-10]

SELF-STORAGE FACILITY (MINIWAREHOUSE)

A building or structure containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. Self-service storage facilities shall not be used for the storage of commercial inventories and/or used as commercial facilities.

[Added 10-24-1997 by Ord. No. 97-86]

SENIOR CITIZEN DEVELOPMENT

See "age-restricted senior housing."

[Added 11-5-2007 by Ord. No. 2007-99]

SETBACK

The distance from the nearest part of the building, or any building feature, such as decks, porches, platforms or terraces, (excluding an open porch, steps, fireplace and bay windows of not more than two feet) to the nearest part of the property line.

[Amended 3-15-2022 by Ord. No. 2022-06]

SETBACK LINE

A line drawn parallel to a street line or lot line and drawn to the point of the building nearest to the street line or lot line, beyond which a building shall not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the required right-of-way width.

SETTING

The relationship that a site and its buildings have to its surroundings.

[Added 11-5-2007 by Ord. No. 2007-99]

SHADE TREE

A woody plant, with one main stem, which will exhibit a mature height of at least 20 to 25 feet and have a distinct head of foliage.

[Added 1-31-1989 by Ord. No. 89-10]

SHOPPING CENTER

A group of retail stores and service establishments with parking facilities and designed to serve a community or neighborhood, which is planned, developed, owned and managed as a total entity.

[Added 11-5-2007 by Ord. No. 2007-99]

SHRUB(S)

A woody plant (evergreen or deciduous), which will exhibit a mature height of at least two feet and usually not greater than 12 feet.[14]

[Added 1-31-1989 by Ord. No. 89-10]

SIDEWALK

A paved, surfaced, or leveled area, paralleling and usually separate from the street, used as a pedestrian walkway.

[Added 11-5-2007 by Ord. No. 2007-99]

SIDEWALK SALE

A periodic event that is accessory to a principal permitted retail use and occurs before and after designated holidays during which merchants are allowed to display merchandise for sale on the sidewalk.

[Added 11-5-2007 by Ord. No. 2007-99]

SIGHT TRIANGLE

A triangular area abutting two intersecting streets where vision is unobstructed. The sight triangle is formed by the intersecting street sidelines and a line connecting a point on each sideline at a set distance from the intersection.

[Added 5-4-2010 by Ord. No. 2010-16]

SIGN

Any structure, either on its own supports or attached to another structure, which shall display or include any letter, work, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, religious or like campaign, drive, movement or event.

SIGN AREA

The area defined by the frame or edge of a sign. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.

SIGN, COMMERCIAL

Any sign which is owned or operated by any person, firm or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs or any sign advertising a commodity not sold or produced on the premises. This shall include billboards and off-premises signs indicating the direction to a particular place.

SITE

Any plot, parcel or parcels of land.

SITE PLAN, MAJOR

All site plans for new development not defined or classified as minor site plans.

SITE PLAN, MINOR

A development plan of one or more contiguous lots which:

Proposes building alterations, additions or expansion of an existing use or another permitted use in the same Zoning district and/or six or fewer additional parking spaces.

[Amended 2-6-1990 by Ord. No. 90-9]

(Reserved)[15]

SOIL CONSERVATION DISTRICT

Does not involve any proposed plan development, cluster development or mixed-use residential development.

(4)

Does not involve any new street or extension of any off-site or off-tract potable water or sanitary sewer improvement that would service more than one lot.

[Amended 2-6-1990 by Ord. No. 90-9]

(5)

(Reserved)[16]

(6)

Does not require soil disturbance of 5,000 square feet or more.

(7)

(Reserved)[17]

(8)

Contains that information reasonably required so that the Board and its professionals may make an informed, intelligent determination as to whether the requirements established for approval of a minor site plan can be met.[18]

SLOPE

The change in vertical distance over a corresponding horizontal distance.

[Added 11-5-2007 by Ord. No. 2007-99]

SOIL

All unconsolidated mineral and organic material of any origin that overlies bedrock and which can be readily excavated.

The Ocean Soil Conservation District as established in accordance with the provisions of Chapter 24, Title 4, N.J.S.A.[19]

[Added 11-5-2007 by Ord. No. 2007-99]

SOLID WASTE ENCLOSURE

A designated, unroofed, enclosed area for the temporary storage of waste and recyclable materials.

[Added 11-5-2007 by Ord. No. 2007-99]

START OF CONSTRUCTION

The date the construction permit is issued, provided that the actual start of construction, repair, reconstruction, placement, or other improvement is commenced within 180 days of that date.

[Added 11-5-2007 by Ord. No. 2007-99]

STATE SOIL CONSERVATION COUNCIL

An agency of the state established in accordance with the provisions of Chapter 24, Title 4, N.J.S.A.[20]

[Added 11-5-2007 by Ord. No. 2007-99]

STORAGE SHED, PRIVATE

An accessory building that is exclusively used by the occupant of the principal building to which it is incidental and contains items customarily associated with residential use, such as personal items, lawn mowers, tools and hardware.

[Added 11-5-2007 by Ord. No. 2007-99]

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 six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story, and if less than two feet below the top plate, it shall be counted as a half-story. A basement shall be counted as a story if it averages more than five feet above ground.

STORY, ONE-HALF

A space under a pitched roof at the top of a building, the floor of which is not more than two feet below any plane, which will not qualify for living space under BOCA (Building Officials and Code Administrators International, Inc.).

[Added 11-5-2007 by Ord. No. 2007-99]

STREAM CORRIDOR

Any river, stream, pond, lake or wetland, together with adjacent upland areas, that supports protective bands of vegetation that line the water's edge.

[Added 11-5-2007 by Ord. No. 2007-99]

STREET

A public thoroughfare which has been dedicated or deeded to the public for public use and which has been improved in accordance with municipal, county and state standards. A "street" as used herein includes as its width the roadway, curb and sidewalks to the limit of the street line.

[Added 11-5-2007 by Ord. No. 2007-99]

STREET GRADE

The officially established grade of the street upon which a lot fronts.

[Added 11-5-2007 by Ord. No. 2007-99]

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and the lot. The minimum street line shall be a point 25 feet from the center line of the existing street.

STRUCTURE

A combination of materials constructed for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land.

[Added 11-5-2007 by Ord. No. 2007-99]

STRUCTURE, HEIGHT OF

The vertical distance measured from the curb level to the highest point of the structure.

[Added 11-5-2007 by Ord. No. 2007-99]

SUBDIVISION

The division of a lot, tract, or parcel of land into two 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 act if no new streets are created: 1) divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size; 2) divisions of property by testamentary or intestate provisions; 3) divisions of property upon court order, including, but not limited to, judgments of foreclosure; 4) consolidation of existing lots by deed or other recorded instrument; and 5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

[Added 11-5-2007 by Ord. No. 2007-99]

SUBDIVISION COMMITTEE

A Committee of at least three Planning Board members, appointed by the Chairman of the Board, for the purpose of classifying subdivisions in accordance with the provisions of this chapter and having such further duties related to land subdivision as may be conferred on this community by the Board. The Mayor shall be a member of the Subdivision Committee.[21]

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure where the cost exceeds or equals 50% of the market value of the structure either 1) before the improvements or repair is started, or 2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications, which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

[Added 11-5-2007 by Ord. No. 2007-99]

SUBSTANTIVE CERTIFICATION

A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria set forth therein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions therein.

[Added 11-5-2007 by Ord. No. 2007-99]

SWIMMING CLUB

A public or privately owned swimming pool open to the general public, on a membership or fee basis, and having appropriate dressing room facilities and off-street parking areas.

[Added 11-5-2007 by Ord. No. 2007-99]

SWIMMING POOL

An accessory structure, whether located above or below the ground, designed and maintained for swimming and bathing purposes by a private residence for use by household members and guests, having a depth of more than 18 inches and/or a water surface in excess of 100 square feet, and including all buildings, structures, equipment and appurtenances thereto.

[Amended 11-5-2007 by Ord. No. 2007-99]

SWIMMING POOL, PORTABLE

A swimming pool which is located above ground level, and is otherwise not permanently installed, does not require water filtration, circulation and purification, does not exceed a water surface of 100 square feet, and does not require braces or supports.

[Added 11-5-2007 by Ord. No. 2007-99]

TAVERN

An establishment used for the serving and consumption of liquor by the drink to the general public on site as a principal use, including "bars," "pubs," and "public houses."

[Added 11-5-2007 by Ord. No. 2007-99]

TEMPORARY DWELLING

Any building, including, but not limited to, mobile homes as defined therein, that is designed exclusively for residential occupancy but is not erected as a permanent structure upon a lot.

[Added 11-5-2007 by Ord. No. 2007-99]

THEATER, MOTION-PICTURE

A place where motion pictures are shown to the public for a fee. For the purposes of this chapter, any use defined as a regulated use by this chapter shall not be considered a "performing arts theater."

[Added 11-5-2007 by Ord. No. 2007-99]

THEATER, PERFORMING ARTS

A building designed for the presentation and viewing of live performances. For the purposes of this chapter, any use defined as a regulated use by this chapter shall not be considered a "performing arts theater."

[Added 11-5-2007 by Ord. No. 2007-99]

TOPSOIL

The top six-inch layer of arable soil.

[Added 11-5-2007 by Ord. No. 2007-99]

TOWER, TELECOMMUNICATIONS OR TRANSMISSION

The structure designed to support transmitting or receiving antennas. For the purposes of this chapter, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not "transmission towers."

[Added 11-5-2007 by Ord. No. 2007-99]

TOWNHOUSE

A one-family dwelling in a row of at least three such units in which each unit has its own front and secondary access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical, common, fire-resistant walls. This definition shall also include such terms as "row house," "patio house," "court dwelling," etc.

[Added 11-5-2007 by Ord. No. 2007-99]

TOWNSHIP

The Township of Stafford, Ocean County, New Jersey.

[Added 11-5-2007 by Ord. No. 2007-99]

TOWNSHIP COUNCIL

The Township Council of the Township of Stafford.

[Added 11-5-2007 by Ord. No. 2007-99]

TRACT

An area of land comprised of one or more lots, having sufficient dimensions and area to meet the requirements of this chapter for the use(s) intended.

TRAILER

A wheel-based noncommercial structure that is used for the transportation or storage of goods or materials, as a construction office, for temporary short-term habitation in case of calamity, or other occupancy subject to the provisions of this chapter. A box container which has been temporarily or permanently removed from a chassis or truck bed shall be considered a trailer.

[Added 11-5-2007 by Ord. No. 2007-99]

TRUCK TERMINAL

Any place wherein more than one truck is parked for more than four hours.

[Added 11-5-2007 by Ord. No. 2007-99]

USE

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

VEHICLE CAMPER

A motorized or portable vehicle designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet and including motorized coaches, pickup campers, tent trailers and similar equipment and having a length not exceeding 35 feet.

VERY-LOW-INCOME

Less than 50% of the median income for the region according to the document entitled "Section 8 Rental Assistance Program, Income by Family Size," published by the U.S. Department of Housing and Urban Development (HUD).

[Added 11-5-2007 by Ord. No. 2007-99]

VIDEO ARCADE

A commercial business established primarily to offer a place where a person or player may play any one of a number of video games, pinball tables or other amusement machines or devices, upon payment of a fee, to attempt to obtain a prize or tickets or tokens redeemable for a prize or to attempt to attain a score or result.

[Added 8-1-1989 by Ord. No. 89-53]

WALL, DECORATIVE

A wall constructed of stone or other material erected for the sole purpose of providing a decorative and/or landscaped feature and not to include structural support walls, retaining walls, or any other walls constructed for a purpose other than aesthetics.

[Added 11-5-2007 by Ord. No. 2007-99]

WAREHOUSE

A building used primarily for the storage of goods and materials.

[Added 11-5-2007 by Ord. No. 2007-99]

WIRELESS TELECOMMUNICATIONS FACILITY

A structure that facilitates personal wireless services, as defined in the Federal Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or may be developed in the future.

[Added 11-5-2007 by Ord. No. 2007-99]

YARD

An open space that lies between the principal building, or buildings, and the nearest lot line. The minimum required yard as set forth herein is to be unoccupied and unobstructed from the ground upward except as may be provided in this chapter.

[Added 11-5-2007 by Ord. No. 2007-99]

YARD, FRONT

Space between the front street building setback line or front main wall of a building and the front property line, extending the full width of the lot and project to the side lines of that lot, which has ingress and egress on the adjacent roadway.

[Amended 12-19-2000 by Ord. No. 2000-70]

YARD, REAR

An unobstructed space on the same lot with a building, between the rear wall of the building and the rear line of the lot, and unoccupied except for accessory buildings and open porches. Accessory buildings shall occupy not more than 35% of the rear yard area.

YARD, SIDE

An open, unobstructed space on the same lot with a building, between the building and the side line of the lot and extending through from the front yard to the rear yard, into which space there are no gutters, chimneys, fireplaces, bay windows, overhangs and other fixtures with a maximum depth of two feet and open porches, provided that the extensions shall have a minimum side yard setback of three feet.

ZONING OFFICER

The Construction Official, unless another person is designated by the Township Council.

ZONING PERMIT

A document signed by the administrative officer which:

[Added 11-5-2007 by Ord. No. 2007-99]

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

Acknowledges such use, structure, or building complies with the provisions of the municipal zoning ordinance or with a variance therefrom duly authorized by a municipal agency pursuant to the Municipal Land Use Law.[22]

[2]

Editor's Note: The former definition of "accessory use or building," as amended, which immediately preceded this definition, was repealed 11-5-2007 by Ord. No. 2007-99.

[3]

Editor's Note: See Ch. 211, Zoning.

[4]

Editor's Note: The former definition of "alteration of building," which immediately followed this definition, was repealed 11-5-2007 by Ord. No. 2007-99.

[5]

Editor's Note: The former definition of "building height," which immediately followed this definition, was repealed 11-5-2007 by Ord. No. 2007-99.

[6]

Editor's Note: The former definition of "cluster development," which immediately followed this definition, was repealed 6-24-1997 by Ord. No. 97-51.

[7]

Editor's Note: The former definition of "density," which immediately followed this definition, was repealed 6-24-1997 by Ord. No. 97-51.

[8]

Editor's Note: The former definition of "dwelling, detached," which immediately followed this definition, was repealed 11-5-2007 by Ord. No. 2007-99.

[9]

Editor's Note: The former definition of "floor area," which immediately followed this definition, was repealed 11-5-2007 by Ord. No. 2007-99.

[10]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

[11]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

[12]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[13]

Editor's Note: The former definition of "residential density," which immediately followed this definition, was repealed 6-24-1997 by Ord. No. 97-51.

[14]

Editor's Note: The former definition of "sight triangle," which immediately followed this definition, was repealed 11-5-2007 by Ord. No. 2007-99.

[15]

Editor's Note: Former Subsection (2) of this definition, which set forth provisions regarding variances, was repealed 10-6-1992 by Ord. No. 92-66.

[16]

Editor's Note: Former Subsections (5) and (7) of this definition, which set forth provisions on drainage facilities and ingress to or egress from highways, were repealed 2-6-1990 by Ord. No. 90-9.

[17]

Editor's Note: Former Subsections (5) and (7) of this definition, which set forth provisions on drainage facilities and ingress to or egress from highways, were repealed 2-6-1990 by Ord. No. 90-9.

[18]

Editor's Note: The former definition of "site triangle," as amended, which immediately followed this definition, was repealed 5-4-2010 by Ord. No. 2010-16. See now the definition of "sight triangle."

[19]

Editor's Note: See N.J.S.A. 4:24-1 et seq.

[20]

Editor's Note: See N.J.S.A. 4:24-1 et seq.

[21]

Editor's Note: The former definition of "substantially improved," which immediately followed this definition, was repealed 11-5-2007 by Ord. No. 2007-99.

[22]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Words and phrases; interpretation; conflicting provisions. Unless the natural construction of the word indicates otherwise, all words used in the present tense include the future; the singular number includes the plural; and the plural, the singular. The word "building" includes the word "structure" or any part thereof; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" includes "arranged, designed or intended to be used"; the word "person" includes individuals, firms, partnerships and corporations. The word "shall" is always mandatory and not directory. The word "may" is permissive. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements to serve the aforesaid purposes and the community development objectives hereinafter set forth. Where the provisions of this chapter impose greater restrictions or higher standards than those of any statute, other ordinance or regulation, the provisions of this section shall govern. Where the provisions of any statute, other ordinance or regulation impose greater restrictions or higher standards than this chapter, the provisions of such statute, ordinance or regulation shall govern.

[Added 11-5-2007 by Ord. No. 2007-99]

Conflicting ordinances. Wherever the requirements of this chapter or parts of this chapter are inconsistent with all or other ordinances of the Township of Stafford, the more stringent of the two requirements shall apply. In the event that an applicant and another board or agency of the Township cannot agree upon which of two conflicting ordinances is more stringent, the Board of Adjustment shall determine which provisions apply.

[Added 11-5-2007 by Ord. No. 2007-99]