As used in this chapter, the following terms shall
have the meanings indicated:
ABANDONMENT
The relinquishment of property, or cessation of the use of
the property, by the owner or lessee without any intention of transferring
property rights to another owner or of resuming the use of the property.
[Added 11-5-2007 by Ord. No. 2007-99]
ACCESSORY APARTMENT
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters, and a private entrance which
is created within an existing residence or by an addition to an existing
residence or accessory building.
[Added 11-5-2007 by Ord. No. 2007-99]
ACCESSORY STRUCTURE
A structure or building detached from a principal building
located on the same lot and customarily incidental and subordinate
to the principal building or use. Where a structure is attached to
a principal building by a breezeway, roof, common wall, or the like,
such a structure shall be considered part of the principal building.
[Added 11-5-2007 by Ord. No. 2007-99]
ACCESSORY USE
A use of land or of a structure or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
[Added 11-5-2007 by Ord. No. 2007-99]
ACT
The New Jersey Municipal Land Use Act, N.J.S.A. 40:55D-1
et seq., as amended and supplemented.
ADDITION
Any extension or increase in the size, floor area, or height
of a building or structure.
[Added 11-5-2007 by Ord. No. 2007-99]
ADMINISTRATIVE AGENT
The employee, consultant, authority, or governmental or other
agency charged by the Council with the responsibility of administering
the affordable housing program of the Township.
[Added 11-5-2007 by Ord. No. 2007-99]
ADMINISTRATIVE OFFICER
The Zoning Officer for Planning Board and Board of Adjustment
matters, the Zoning Officer for Official Map matters, the Township
Clerk for Township Council matters and the Township Assessor for certification
of subdivision approval.
ADULT DAY HEALTH CARE FACILITY
An establishment which is licensed by the New Jersey Department
of Health pursuant to N.J.S.A. 26:2H-1 et seq. to provide preventive,
diagnostic, therapeutic and rehabilitative services under medical
supervision to meet the needs of functionally impaired adult patients
exclusively on an outpatient basis.
[Added 10-24-1997 by Ord. No. 97-86]
ADVERSE EFFECT
Development designs, situations or existing features on a
developer's property or any nearby property creating, imposing, aggravating
or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions, such as layout inconsistent with the Zoning Regulations; insufficient street width; unsuitable street grade; unsuitable
street location; inconvenient street system; inadequate utilities,
such as water, drainage and sewerage; unsuitable size, shape and location
for any area reserved for public use or land for open space in a planned
development; infringement upon land designated as subject to flooding;
and the creation of conditions leading to soil erosion from wind or
water, from excavation or grading, all as set forth in N.J.S.A. 40:55D-38
and measured against the design and performance standards of this
chapter.
AFFORDABLE HOUSING
Newly constructed or rehabilitated housing units meeting
the criteria promulgated by the Council on Affordable Housing (COAH).
[Added 11-5-2007 by Ord. No. 2007-99]
AGE-RESTRICTED SENIOR HOUSING
A housing development in which a minimum of 90% of the dwelling
units are occupied by households in which at least one member is aged
55 or older and no household contains persons under the age of 19.
Such housing shall be designed and marketed to age-qualified households;
shall have written rules and regulations, covenants, and deed or other
restrictions reflecting these age restrictions; and shall provide
within these written rules and regulations, covenants, and deed or
other restrictions appropriate procedures to ensure continued compliance
with these age restrictions.
[Added 11-5-2007 by Ord. No. 2007-99]
AGRICULTURAL OR HORTICULTURAL
Any parcel of land three acres or larger in size upon which
the principal pursuit for gain is the raising of agricultural or horticultural
products.
[Added 11-5-2007 by Ord. No. 2007-99]
ALLEY
A thoroughfare less than 30 feet in width dedicated for the
public use of vehicles and/or pedestrians, providing a secondary means
of access to property and not intended for general traffic circulation.
[Added 11-5-2007 by Ord. No. 2007-99]
ALTERATION OF BUILDING
Any change in the supporting members of a building, bearing
walls, columns, beams, or girders, except such changes as may be required
for safety, any changes in the roof or exterior walls, or any addition
to or diminution of a building, including the addition, modification,
removal or replacement of exterior elements, including changes in
door or window locations, but not including alterations which affect
primarily the appearance of the structure. Also, any change in use
from one zoning classification to another or the relocation of a structure
from one site, location, or position to another.
[Added 11-5-2007 by Ord. No. 2007-99]
ANTENNA
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunication signals, or
other communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
[Added 11-5-2007 by Ord. No. 2007-99]
ANTENNA SUPPORT STRUCTURE
A structure, other than a telecommunications tower, which
is attached to a building or other structure, on which one or more
antennas are located.
[Added 11-5-2007 by Ord. No. 2007-99]
APARTMENT
See "dwelling, multiple-family."
[Added 11-5-2007 by Ord. No. 2007-99]
APPLICANT
Person, partnership, corporation or public agency requesting
permission to engage in land development or soil or tree removal activity.
[Added 11-5-2007 by Ord. No. 2007-99]
APPROVING AUTHORITY
The Planning Board or Zoning Board of Adjustment of the Township
of Stafford, as indicated by context and applicable law.
[Added 11-5-2007 by Ord. No. 2007-99]
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in a given year.
[Added 11-5-2007 by Ord. No. 2007-99]
AS-BUILT SURVEY
A property survey prepared and certified by a licensed land
surveyor to reflect the actual location of structures and other improvements
constructed on a property.
[Added 11-5-2007 by Ord. No. 2007-99]
ASSISTED LIVING FACILITY
A residence, licensed by the New Jersey Department of Health
pursuant to N.J.A.C. 8:33-1 et seq., for the frail elderly that provides
apartment-style living units and congregate dining, personal care
and supervision of self-administered medication. They may provide
other services, such as recreational activities, financial services
and transportation. Assisted living residences, as defined herein,
shall include comprehensive personal care homes.
[Added 10-24-1997 by Ord. No. 97-86]
AUTOMATIC CAR WASH
A structure containing facilities for washing automobiles
and automatic or semiautomatic application of cleaner, brushes, rinse
water, and heat for drying.
[Added 11-5-2007 by Ord. No. 2007-99]
AWNING
Any structure made of cloth, canvas, or vinyl, with a frame
attached to a building or other structure, which may be raised to
a position against the building or structure when not in use.
[Added 11-5-2007 by Ord. No. 2007-99]
AWNING, WINDOW
Any structure made of cloth, plastic, metal, or other architectural
material which provides a permanent rooflike shelter over an upper-story
window, either installed to be retractable or in a fixed position.
[Added 11-5-2007 by Ord. No. 2007-99]
BANK
A financial organization that provides direct banking services,
including, but not limited to, walk-up tellers, accessory drive-through
areas, and accessory or stand-alone automatic teller machines.
[Added 11-5-2007 by Ord. No. 2007-99; amended 10-13-2020 by Ord. No. 2020-30]
BANNERS, PENNANTS OR BUNTING
Temporary announcement device constructed of cloth, canvas,
fabric, or other light material.
[Added 11-5-2007 by Ord. No. 2007-99]
BAR
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption and where food may be available
for consumption on the premises as accessory to the principal use.
[Added 11-5-2007 by Ord. No. 2007-99]
BASEMENT
With reference to occupancy or use and to regulate the height
and bulk of buildings, the portion of a building in which the ceiling
averages less than four feet above the finished grade where such grade
meets the outside walls of the building, which shall not be considered
a story and habitable.
[Added 11-5-2007 by Ord. No. 2007-99]
BED-AND-BREAKFAST
A dwelling providing overnight accommodations and meals to transients for compensation. A bed-and-breakfast shall contain no more than 12 guest rooms; provide a minimum of two off-street parking spaces, plus one space per guest room; and restrict the duration of the stay of patrons to a maximum of 14 consecutive nights. Meals may be served to the general public, provided that the parking requirements set forth in §
130-81B(20) of the Township are satisfied. If the property owner must expand the parking facility in order to meet the parking requirements, the property owner may utilize materials consistent with those found in the existing parking area on the property. The Zoning Officer shall have final approval for the expansion of the parking area consistent with these requirements.
[Added 10-24-1997 by Ord. No. 97-86; amended 10-1-2002 by Ord. No. 2002-81]
BERM
A mound of soil, either natural or man-made, used to screen
and visually separate, in part or entirely, one area, site or property
from the view of another area.
[Added 1-31-1989 by Ord. No. 89-10]
BEST MANAGEMENT PRACTICES (BMPs)
Operational procedures for handling, storage and disposal
of hazardous materials and procedures and measures which are designed
to minimize the impact of certain activities or land uses on groundwater
quality.
[Added 10-24-1997 by Ord. No. 97-86]
BILLBOARD
Any off-premises lettered or pictorial advertising, including
any device, structure or placard erected or maintained for such advertising.
BOARD OF ADJUSTMENT
The Zoning Board of Adjustment for the Township of Stafford.
[Added 11-5-2007 by Ord. No. 2007-99]
BOARD OF JURISDICTION
The Planning Board or the Zoning Board of Adjustment, as
indicated by the circumstances and applicable law.
[Added 11-5-2007 by Ord. No. 2007-99]
BOATEL
A combination of a motel and marina that is accessible to
boats as well as automobiles and may include boat sales and servicing
facilities, overnight accommodations, eating and drinking facilities,
as well as other recreational amenities for owners, crews and guests.
[Added 6-20-2006 by Ord. No. 2006-43]
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
[Added 11-5-2007 by Ord. No. 2007-99]
BUFFER AREA
An area of land within a property or site, generally adjacent
to and parallel with the property line, to allow adequate screening
of view, noise or activity taking place within the property or site
from adversely affecting adjoining properties, site or the public
right-of-way. Within any such buffer area, no buildings, structures,
driveways, parking or loading areas or other uses of the land shall
be permitted unless otherwise provided in this chapter.
[Amended 1-31-1989 by Ord. No. 89-10]
BUILDING
Any structure having a roof supported by columns, posts,
or walls and which is intended for the shelter, housing or enclosure
of any individual, animal, process, equipment, or goods or materials
of any kind, including tents, lunch wagons, trailers, dining cars,
camp cars, or other structures on wheels or other supports.
[Added 11-5-2007 by Ord. No. 2007-99; amended 3-15-2022 by Ord. No. 2022-06]
BUILDING AREA
The total areas of outside dimensions on a horizontal plane
at ground level of the principal building.
[Amended 3-15-2022 by Ord. No. 2022-06]
BUILDING COVERAGE
The percentage of the lot area that is covered by the building
area, which includes the total horizontal area when viewed in plan.
[Added 11-5-2007 by Ord. No. 2007-99]
BUILDING ENVELOPE
An area, generally described by building setback lines, depicting
the area within which the building(s) can be constructed.
[Added 11-5-2007 by Ord. No. 2007-99]
BUILDING FOOTPRINT
The horizontal area contained within the outer dimensions
of the foundation walls of a building.
[Added 11-5-2007 by Ord. No. 2007-99]
BUILDING HEIGHT
The vertical dimensions measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the building.
[Added 5-4-2010 by Ord. No. 2010-16]
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
or projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the building line.
BUILDING SETBACK LINE
The line to which the principal building must conform in
its setback from the street line as herein or otherwise established.
[Amended 9-5-1989 by Ord. No. 89-56]
BUSINESS OFFICE
A business establishment that does not offer a product or
merchandise for sale to the public but offers only a service to the
public.
[Added 11-5-2007 by Ord. No. 2007-99]
BUSINESS SERVICE
A business establishment that offers retail goods or services
for local business needs and local business consumption.
[Added 11-5-2007 by Ord. No. 2007-99]
BUSINESS USE
An activity engaged within a separate and distinct structure
or unit for retail trade, finance, insurance, real estate, or other
services.
[Added 11-5-2007 by Ord. No. 2007-99]
CALIPER
The diameter of a tree trunk measured, in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for trees over four inches in diameter.
[Added 1-31-1989 by Ord. No. 89-10]
CANOPY
Any structure, in a fixed position, other than an awning
or marquee, made of cloth, plastic, metal or architectural material,
which provides a rooflike shelter.
[Added 11-5-2007 by Ord. No. 2007-99]
CANOPY, MOTOR VEHICLE SERVICE OR REPAIR STATION
A roofed accessory structure with open sides located on the
same lot as a motor vehicle service or repair station, used to shield
the pumps from the elements.
[Added 11-5-2007 by Ord. No. 2007-99]
CARPORT
Any structure, or portion of a building or structure, other
than an attached or detached garage, used for the shelter of self-propelled
vehicles.
[Added 11-5-2007 by Ord. No. 2007-99]
CELLAR
See "basement."
[Added 11-5-2007 by Ord. No. 2007-99]
CEMETERY
Property used for the interring of the dead.
[Added 11-5-2007 by Ord. No. 2007-99]
CERTIFICATE OF COMPLETENESS
A document issued by the administrative officer specifying
that a development application has met the submission requirements
set forth in this chapter.
[Added 11-5-2007 by Ord. No. 2007-99]
CHANGE OF USE
Any use that substantially differs from the previous use
of a building or land.
[Added 11-5-2007 by Ord. No. 2007-99]
CHANNEL
The area between the tops of the banks of any watercourse,
with or without continuous flow, wherein surface waters are contained
under conditions less than flood stage. This area shall also consist
of lands lying between two or more branches of the same watercourse.
[Added 11-5-2007 by Ord. No. 2007-99]
CHECKLIST
A list of items that must be submitted with an application
to the Planning Board or Board of Adjustment for the purpose of determining
a complete application.
CHILD-CARE CENTER
A child-care facility for which a license is required from
the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A.
30:5B-1 et seq.).
[Added 10-24-1997 by Ord. No. 97-86]
CLUBHOUSE
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
COAH
The New Jersey Council on Affordable Housing.
[Added 11-5-2007 by Ord. No. 2007-99]
CO-LOCATION
When two or more receiving and/or transmitting facilities
are placed together in the same location, on the same antenna support
structure, or on a telecommunications tower.
[Added 11-5-2007 by Ord. No. 2007-99]
COMMERCIAL RECREATION FACILITY
A facility designed and equipped for the conduct of leisure,
sport, or other recreational activities, operated as a business, for
profit, and open to the public for a fee.
[Added 11-5-2007 by Ord. No. 2007-99]
COMMERCIAL VEHICLES
Any commercially registered vehicle except a passenger car.
Vehicles normally associated with a commercial use, but not registered
for commercial use, shall be deemed commercial vehicles.
[Added 11-5-2007 by Ord. No. 2007-99]
COMMON OPEN SPACE
Land or water, or a combination of land and water, together
with improvements and amenities designed and intended for use and
enjoyment by the residents of the dwelling units developed on the
tract of lands, inclusive of the open space prior to development.
[Added 10-24-1997 by Ord. No. 97-86]
COMMON OWNERSHIP
Ownership of two or more contiguous lots of real property
by one person or persons.
[Added 11-5-2007 by Ord. No. 2007-99]
COMMUNITY CENTER
A building used for recreational, social, educational and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by a public or nonprofit group
or agency.
[Added 11-5-2007 by Ord. No. 2007-99]
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance under such supervision, as required, to not more
than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community and shall include,
but not be limited to, group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
[Added 11-5-2007 by Ord. No. 2007-99]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons who require
assistance, temporarily or permanently, in order to live in the community
and shall include but not be limited to group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements
and hotels. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.) and this chapter.
[Added 10-24-1997 by Ord. No. 97-86]
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services under such supervision, as required, to not more than 15
terminally ill persons.
[Added 11-5-2007 by Ord. No. 2007-99]
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
[Added 10-24-1997 by Ord. No. 97-86]
COMPLETE APPLICATION
An application for development shall be complete, for purposes
of commencing the applicable time period for action by a municipal
agency, when so certified by the municipal agency or its authorized
committee or designee. In the event that the agency, committee or
designee does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period, for purposes
of commencing the applicable time period, unless the application lacks
information indicated on a checklist adopted by ordinance and provided
to the applicant and the municipal agency or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the agency or its authorized committee shall
grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application.
The municipal agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the municipal agency.
CONDITIONAL USE
A use permitted in a particular zone district only upon a
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
[Added 11-5-2007 by Ord. No. 2007-99]
CONFORMING LOT
A lot which conforms to all zone requirements for the zone
in which it is located.
CONSERVATION EASEMENT
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
[Amended 11-5-2007 by Ord. No. 2007-99]
CONSTRUCTION OFFICIAL
The chief administrative construction official for the Township.
[Added 11-5-2007 by Ord. No. 2007-99]
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
An age-restricted development regulated in accordance with
the rules of the New Jersey Department of Community Affairs pursuant
to N.J.A.C. 5:19-1.1 et seq. that provides a continuum of accommodations
and care, from independent living to long-term bed care, and enters
into contracts to provide lifelong care in exchange for the payment
of monthly fees and an entrance fee in excess of one year of monthly
fees. This type of development is also referred to as a "life-care
center."
[Added 10-24-1997 by Ord. No. 97-86]
CONVENIENCE STORE
A retail facility serving a limited market area and engaged
in retail sales from the premises of food, beverages, newspapers,
magazines, tobacco products and other frequently or currently needed
items for household use, excluding gasoline sales, and is usually
open 15 hours to 24 hours per day.
[Added 11-1-2005 by Ord. No. 2005-96]
CONVERSION
Alteration in an existing residential structure resulting
in an increase in the number of dwelling units.
[Added 11-5-2007 by Ord. No. 2007-99]
COURT
An open, unoccupied, and unobstructed space on a lot other
than a yard, street, or way, bounded by two or more sides of a building,
including a similar area fully open to the sky, but not necessarily
beginning at the ground level, including:
[Added 11-5-2007 by Ord. No. 2007-99]
(1)
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.
(2)
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]
DIAMETER AT POINT OF MEASUREMENT
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.
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]
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:
(1)
The child being cared for is legally related
to the provider; or
(2)
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[Added 11-5-2007 by Ord. No.
2007-99]
(1)
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
(2)
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]
FARM, PICK-YOUR-OWN (P-Y-O)
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.
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]
(1)
The overflow of inland or tidal waters; and/or
(2)
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]
HAZARDOUS MATERIAL OR SUBSTANCE
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:
(1)
Is clearly accessory and incidental to the detached
single-family principal use of the structure and property.
(2)
Is conducted entirely within the dwelling or
accessory building.
(3)
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:
(1)
Each lot owner, condominium owner, stockholder
under a cooperative development or other owner of property or interests
in the project shall be a member.
(2)
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.
(3)
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.
IMPERVIOUS SURFACE COVERAGE[Amended 12-20-1988 by Ord. No. 88-95; 3-20-2007 by Ord. No. 2007-32]
(1)
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:
(g)
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.
(2)
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]
INDUSTRIAL OR OFFICE PARK
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]
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]
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.
[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]
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]
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, 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 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.
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, 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]
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.
[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:
(1)
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]
(3)
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]
(6)
Does not require soil disturbance of 5,000 square
feet or more.
(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.
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.
SOIL CONSERVATION DISTRICT
The Ocean Soil Conservation District as established in accordance
with the provisions of Chapter 24, Title 4, N.J.S.A.
[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.
[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.
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]
(1)
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
(2)
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.