This chapter shall be known and may be cited as the "Development Regulations Ordinance of the Township of Commercial."
The specific purposes of this chapter are as follows:
A. 
To encourage the most appropriate use or development of all lands throughout the Township while conserving the value of property, with reasonable consideration for the character of various zoning districts and their peculiar suitability for particular uses that will be compatible with the development patterns and general welfare in neighboring municipalities and the surrounding region, all in accordance with the Township adopted Master Plan.
B. 
To secure safety from fire, flood, panic and other natural or man-made disasters;
C. 
To provide adequate light, air and open space;
D. 
To promote the establishment of appropriate population densities and development concentrations that will contribute to the well-being of persons, neighborhoods, communities and preservation of natural resources and the environment;
E. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, conservation, recreational, commercial and industrial uses and open spaces, both public and private;
F. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangement;
G. 
To promote the conservation of historic sites, open spaces, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through the improper use of land;
H. 
To encourage senior citizen community housing construction;
I. 
To prevent the overcrowding of land and to avoid undue concentrations of population, and to these ends, to regulate the height, design, appearance, number of stories and the size of buildings and other structures as well as their placement on the land;
J. 
To encourage and regulate new techniques and designs which conserve energy;
K. 
To encourage residential cluster and planned development that conserves land;
L. 
To provide sufficient quality housing opportunities to meet the Council on Affordable Housing's identified housing needs as set forth in the adopted Township Master Plan;
M. 
To preserve and protect the coastal areas of the Township's river and bay shore areas while allowing recreational and limited commercial use of these natural waterways;
N. 
To delineate the existing villages within the municipality and encourage and promote their continued viability and vitality through new and innovative zoning techniques, and seek to have said villages recognized and coordinated with the state, regional, and local plans and regulations; and
O. 
To protect public health, safety and general welfare.
A. 
Interpretation. Unless otherwise expressly stated or the context clearly indicates another meaning, the following words and phrases shall be construed throughout this chapter to have the meaning herein indicated. Where certain words or phrases are not defined below, their meanings shall be as defined in N.J.S.A. 40:55D-1 et seq. so that:
(1) 
The present tense includes all other tenses; the singular includes the plural and the plural includes the singular; the masculine gender includes the feminine and the neuter.
(2) 
The word "person" includes any individual, estate trust, fiduciary, partnership, firm, association, corporation or any other organization or entity, including the principal officers thereof or any other individual or entity acting directly or indirectly by, through or under any of the foregoing.
(3) 
The word "shall" is always mandatory; the word "will" is always directory; and the word "may" is always permissive.
(4) 
The word "used" shall include the words "arranged," "designed," or "intended to be used."
(5) 
The word "structure" shall include the word "building."
(6) 
The word "built" shall include the words "constructed," "erected," or "altered."
(7) 
The terms "such as," "including" and the like are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such terms appear without limiting or derogating from the general application of the sentence, clause or phrase in which such terms appear. When the said terms are used, they shall be considered as introducing a typical or illustrative designation of items and shall not be interpreted as constituting a complete list.
(8) 
The words "as amended" or "et seq." as applied to any statute, ordinance, code, regulation, plan or map, include replacements, supplements or restatements thereof; and reference to a particular article, section or subsection which inherently refers to other articles, sections or subsections, includes all articles, sections and subsections referred to.
(9) 
The word "Township" means Commercial Township, Cumberland County, New Jersey; and the term "Township Committee" means the Township Committee of Commercial Township.
(10) 
When terms, phrases or words are not hereafter defined, and are not found within N.J.S.A. 40:55D-1 et seq., they shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. If not found in the aforementioned dictionary their meaning shall have the ordinarily accepted meaning or such as the context may imply.
B. 
Statutory authority. The definitions provided herein are applicable to all Township land development regulations enacted pursuant to and as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
C. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENT
The cessation of a use of a property (land and/or structures) by the owner, as demonstrated by the intention of neither resuming the use nor transferring rights to the property to another who will so use the property and/or coupled with action to physically dismantle or dispose of equipment or other appurtenances of the use, or other actions having the effect of preventing a restarting or reactivation of the said use of the property.
ABUTTING OWNER
The owner of record of a parcel of land which is contiguous at any point to the parcel in question or which is contiguous to a section of road or street (public or private) on which the subject parcel has frontage, i.e., a lot across from the subject parcel.
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 home; or through the conversion of an existing accessory structure on the same site, or by addition to an existing home or accessory building.
ACCESSORY USE OR STRUCTURE
A use or structure which:
(1) 
Is subordinate to and serves a principal building or a principal use, including, but not limited to, the production, harvesting, and storage as well as washing, grading and packaging of unprocessed produce grown on site;
(2) 
Is subordinate in area, extent and purpose to the principal structure or principal building or principal use served;
(3) 
Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and
(4) 
Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.
ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or specific purpose.
ADMINISTRATIVE OFFICER
The Secretary of the Land Use Board for matters concerning the Land Use Board; the Municipal Clerk for the Township Committee; the Zoning Officer for matters involving the issuance of zoning permits and the enforcement of zoning regulations; and the Tax Assessor in the case of providing required property owner lists pursuant to § 145-93, Furnishing list of property owners.
AGGRESSIVE SOILS
Soils which may be corrosive to cast iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture or horticulture.
AGRICULTURE OR HORTICULTURE USE
Any production of plants or animals useful to man or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to the soil conservation program under an agency of the federal government. The term "agriculture" shall also include the term "aquaculture." (See definition for "aquaculture," in this section.)
ALLEY
A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERATION, STRUCTURAL
Any change in or addition to the supporting or structural members of a building or other structure such as the bearing walls, partitions, columns, beans, or girders, or any change to adapt a structure to a different use.
AMENDMENT
A means of making changes to the certified local Master Plan or local land use ordinance.
ANIMALS, THREATENED OR ENDANGERED
See N.J.A.C. 7:50-6.32.
ANTENNA
The surface from which wireless radio signals are sent and received by a wireless/local communications facility.
ANTENNA SUPPORT STRUCTURE
Any building or structure other than a tower which can be used for location of telecommunication facilities.
APARTMENT HOUSE
A structure containing three or more dwelling units. See also "dwelling, multifamily."
APPLICANT
A landowner or developer, including heirs, successors, assigns and grantees, corporation or other entity who has filed an application for subdivision, site plan and/or land development, as herein after defined, or an application for a variance or conditional use.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-36.
APPROVING AUTHORITY
The Land Use Board of the Commercial Township unless a different agency is designated by ordinance.
AQUACULTURE
The farming of aquatic organisms, including fish, mollusks, crustaceans, and aquatic plants. Farming implies some form of intervention in the rearing process to enhance production, such as regular stocking, feeding, protection from predators, etc. Farming also implies corporate ownership of the stock being cultured.
ARTISAN'S DISPLAY
A limited area for showing a representation or sampling of an artist, artisan or craftsperson's products, artifacts, artwork, crafts or work; made by the resident artist, craftsperson or artisan; and available for purchase on the site where the contents of said representation or showing are created, made or produced (See § 145-63, Roadside stand and artisan's display, in Article VII of this chapter).
BASEMENT
An enclosed area partly or completely below grade. A basement shall be considered as a story for the purpose of height measurement if the basement ceiling is five feet or more above the average ground level around the building. See also "cellar."
BED-AND-BREAKFAST FACILITY
A single-family, primary dwelling in which the owner occupant also provides temporary overnight accommodations to guest for a fee as an accessory use in any zoning district where a single-family, detached dwelling is a permitted use. The operation of a bed-and-breakfast shall be considered a home occupation and an accessory use for any single-family, detached home excluding apartments and mobile homes, for the purposes of this chapter.
BERM
A mound of soil, seeded and landscaped, either natural or man-made used as view obstruction.
BLOCK
A tract of land bounded by streets, or by a combination of streets and public lands, rights-of-way, waterways, or boundary lines of the Township.
BUFFER
An area within a property or site, generally, but not exclusively, adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view, the glare of lights, and/or sound from the site to adjacent sites or properties.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy by persons, animals or chattel and having a roof.
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas of the buildings on a lot, excluding; cornices, eaves, gutters, or chimneys projecting not more than 18 inches; steps, balconies and bay windows not extending through more than one story and not projecting more than five feet; and one story open porches projecting not more than 10 feet. "Projecting" as used here, means extending from the building area.
BUILDING COVERAGE
The coverage of the lot area by the ground floor area of all buildings on the lot, including covered porches, carports and breezeways, but excluding open patios.
BUILDING HEIGHT
The greatest vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Conventional accessories to structures, such as chimneys, spires, aerials or antennae and elevator enclosures, shall not be included in "building height" calculation. A communication use or tower placed atop structures shall not be considered conventional accessories as defined herein.
BUILDING LINE
The line parallel to the street line at a distance therefrom equal to the depth of the required front yard in the district(s) under consideration. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which said building is situated.
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.
CAMPER
A portable structure, which is self-propelled or mounted on or towed by another vehicle such as a pick-up, designed and used for temporary living for travel, recreation, vacation, or other short term uses. Camper does not include mobile homes, trailers, or other vehicles used as permanent dwellings.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CAPITAL IMPROVEMENT PROGRAM
A proposed schedule of all future capital improvement projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.
CARTWAY
The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved or hard surface width.
CELLAR
A story partially underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A "cellar" shall not be considered in determining the permissible number of stories. No apartments shall be permitted in a "cellar." See also "basement."
CENTERLINE OFFSET OF ADJACENT INTERSECTIONS
The gap between the center line of roads adjoining a common road from opposite or same sides.
CERTIFICATE OF OCCUPANCY
A document which shall be deemed to authorize and be required for each occupancy and use of the building or land to which it applies, and shall continue in effect only so long as such building and the use thereof and the use of such land is in full conformity with the requirements of this chapter and the Uniform Construction Code.[1] A certificate of occupancy shall only be issued upon completion of alteration after it is determined by the appropriate issuing officer that said construction is in full compliance with Township regulations and codes. Maintenance of a valid certificate shall be the responsibility of the property owner.
CHANNEL
The bed and banks of a natural stream which convey the constant or intermittent flow of the stream.
CHANNELIZATION
The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.
CIRCULATION
The system, structures and physical improvements for the movement of people, goods, water, air, sewage, or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and for the handling of people and goods by such means as terminals, stations, shelters, warehouses and other storage buildings or transshipment points.
CLUB
Any organization catering exclusively to members and their guests or any organization for religious, vocational, civic, service, recreational or athletic purposes which is not conducted for financial gain.
CLUSTER DEVELOPMENT
See "residential cluster."
CO-LOCATION
The use of a freestanding, single tower on the ground by more than one provider and/or the installation of several wireless/local communication facilities on an existing building or structure by more than one provider.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNICATION USE
Establishments, including towers furnishing point-to-point communication services, whether by wire or radio, either aurally or visually, including radio and television broadcasting stations and the exchange or recording of messages.
CONCEPT PLAN
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and initial classification.
CONDITIONAL USE
The use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards as contained in this chapter, and upon the issuance of an authorization therefor by the approving authority.
CONDOMINIUM
A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on proportional, undivided basis. It is a means of property ownership. The term "condominium" may also refer to the unit held in single ownership.
CONTIGUOUS LAND
Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit; provided, that separation by lot lines, streams, dedicated public roads which are not paved, rights-of-way, and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
CONVENTIONAL DEVELOPMENT
Development other than planned development.
COVERAGE, TOTAL
That percentage of a plot or lot area covered by all structures, paving and nonporous materials. See also "impermeable surface" and "impervious surface."
CONVERSION, DWELLING
The remodeling or alteration of an existing structure so as to accommodate the provision of more dwelling units than were originally intended. "Dwelling conversion" includes the alteration of a nonresidential structure into a dwelling unit for at least one household; the modification of a single-family structure so as to accommodate two or more dwelling units; and the alteration of multifamily structure so as to accommodate more units than originally intended.
CUL-DE-SAC
A local street with only one outlet and having the other end for the reversal of traffic movement.
CULVERT
A structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walkway.
DAYS
Calendar days
DAY CARE CENTER
An establishment providing for the care, supervision, and protection of children or adults on a daily basis for a specific period of time.
DEDICATION
An act of transmitting property or interest thereto.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.
DESIGN GUIDELINES
Guidelines that provide a general framework for sound planning.
DETENTION BASIN
A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property into natural or man-made outlets.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land proposed to be included in the proposed development, including the holder of an option for contract purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, demolition, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure; or of any forestry activities, mining activities or landfill; and any use or changing the use of any building or structure, or land; or the extension of use of the land.
DEVELOPMENT APPROVAL
Any approval granted by the approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
DEVELOPMENT REGULATION
A Township zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, adopted pursuant to the Municipal Land Use Law[2] and any federal, state, or county statute, law, or duly adopted regulations which regulates land use and/or development activity.
DISTRICT, ZONING
A specifically delineated area of the territory of Commercial Township within which uniform regulations and requirements or various combinations thereof govern the use, placement, spacing, and size of land and buildings as set forth in this chapter.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to ensure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen non-point pollution and to maintain the integrity of stream channels for their biological functions as well as for drainage; and the means necessary for water supply preservation and prevention or alleviation of flooding.
DRAINAGE FACILITY
Any component of the drainage system.
DRAINAGE SYSTEM
The system, through which floodwater flows from the land, including all watercourses, water bodies and wetlands.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers and/or drainage ditches or trench required along a natural stream, swale or other watercourse for preserving the channel or drainage way and providing for the flow or passage of water therein to safeguard the public from flood damage in accordance with the provision of this chapter and applicable state regulations and laws.
DRIVEWAY
A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building or other structure, facility, or area of a lot.
DUMP
A lot of land or a portion thereof used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
DUPLEX
A building containing two single-family dwelling units totally separated from each other by a nonpierced wall extending from ground to roof.
DWELLING
A structure or portion thereof that is used exclusively for human habitation.
DWELLING, ATTACHED
A single-family dwelling attached to two or more one-family dwellings by common vertical walls.
DWELLING, DETACHED
A dwelling that is not attached to any other dwelling by any means.
DWELLING, MULTIFAMILY
A building containing three or more dwelling units, including units that are located one over the over.
DWELLING, SINGLE-FAMILY DETACHED
A building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.
DWELLING, SINGLE-FAMILY DETACHED, MOBILE HOME
A transportable, single-family detached dwelling unit intended for permanent occupancy contained in one unit or two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; and is installed as required in § 145-56, so that it may be used without a permanent foundation, but with the same, or equivalent electrical, plumbing and sanitary facilities as for a conventional single-family, detached dwelling. A mobile home may include any addition or accessory structure such as porches, sheds, decks or additional rooms, which are attached to it. A camper/travel trailer or other recreational vehicle shall not be considered to be a mobile home for permanent, year-round occupancy.
DWELLING, SINGLE-FAMILY SEMIDETACHED
A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot.
DWELLING, TOWNHOUSE
A one-family dwelling in a row of at least three such units in which each unit has its own front and rear 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.
DWELLING, TWO-FAMILY
A building on a single lot containing two dwelling units, each of which is totally separated from the other by a nonpierced wall extending from ground to roof or a nonpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT
A dwelling, or portion thereof, forming a single habitable unit with a private access and facilities which are used or intended to be used for living, sleeping, cooking and eating, and sanitation exclusively by one household.
DWELLING UNIT AREA
The minimum or average square footage necessary to constitute a dwelling unit in a multi-dwelling structure as delineated by this chapter.
EARTH EXTRACTION
See "resource extraction."
EASEMENT
A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
EFFECTS, ADVERSE
Results contributing to a harmful or degraded condition and/or producing an unfavorable result, such as environmental harm or degradation. Adverse effects may include: a negative impact on surrounding land uses; negative impacts which are contrary to the adopted Township Master Plan or the natural conditions identified in the Environmental Inventory adopted by the Township Environmental Commission, and the intent of this chapter; and negative impacts which create a threat to the public health, safety and general welfare.
EFFECTS, BENEFICIAL
Results contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of this chapter and the goals and the objectives of the adopted Township Master Plan, and promoting the public health, safety and general welfare.
ELECTRIC DISTRIBUTION LINES
All electric lines other than electric transmission lines.
ELECTRIC TRANSMISSION LINES
Electric lines which are part of an electric company's transmission and sub-transmission system, which provide direct connection between a generating station or substation of the utility company and:
(1) 
Another substation of the utility company;
(2) 
A substation of, or interconnection with, another interconnecting utility company; or
(3) 
A substation of a high-load customer of the utility.
ENGINEER, LICENSED PROFESSIONAL
An individual licensed in the State of New Jersey to practice engineering pursuant to N.J.S.A. 45:8-27 et seq.
ENVIRONMENT
The conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed subdivision and/or land development, including: natural elements such as land, water, air, minerals, natural flora and fauna; and man-made components such as objects of historic or aesthetic significance, infrastructure and man-related attributes of a social and economic nature.
ENVIRONMENTAL COMMISSION
The Commercial Township Environmental Commission, an advisory board created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL CONSTRAINTS
Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.
ENVIRONMENTAL IMPACT STATEMENT
An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter.
EQUIPMENT SHED/SHELTER
An enclosed structure, cabinet, shed, or box at the base of a local communications facility within which are housed batteries and electrical equipment.
EROSION
The detachment and movement of soil and rock fragments by water, wind, ice and gravity.
ESCROW
A deed, bond, money, or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.
FAMILY
A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. See "household."
FAMILY, IMMEDIATE
Those persons related by blood or legal relationship in the following manner: grandparents, grandchildren, parents, sons, daughters, brothers and sisters, nieces and nephews, aunts and uncles, first cousins, husbands and wives, great-grandparents and great-grandchildren.
FARM
Any parcel of land containing five or more acres which is used for the raising of agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes a residence, the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
FENCE or WALL
A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and the property.
FILL
Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of the land.
FINAL APPROVAL
The official action of the Land Use Board 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 guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
The final map of all or a portion of a subdivision which is presented for final approval.
FISH AND WILDLIFE MANAGEMENT
The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FLOOD HAZARD AREA
See "floodplain."
FLOOD, 100-YEAR
A flood that on the average is likely to occur only once every 100 years, that is a storm that has a 1% likelihood of occurring each year, but may occur more than once in any 100-year period, as delineated by the Federal Insurance Rate Maps.
FLOODPLAIN
The area within Commercial Township subject to a 1% or greater chance of flooding in any given year and which is designated as Zone "A" on the most recent FIA Flood Hazard Boundary Map for Commercial Township.
FLOODWAY
Any portion of a floodplain lying within 100 feet of the adjacent channel edge of a natural stream, being defined as any stream carrying water on an average of six months of the year, or within 25 feet from the edge of a lake or center line of any watercourse other than a natural stream.
FLOOR AREA, TOTAL
The area of all floors of buildings or structures.
FLOOR AREA, HABITABLE
The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, and bedroom, but not including hallways, stairways, cellars, attics, service or utility rooms, bathrooms, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto outside yard or courts. At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area. The minimum total window area shall be 10% of the habitable floor area of such rooms.
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of buildings or structures compared to the total area of the site.
FORESTRY
The planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry:
(1) 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
(2) 
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
(3) 
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
(4) 
Removal of trees necessary for the maintenance of utility or public rights-of-way; and
(5) 
Removal of trees for public safety.
GARAGE, PRIVATE
An accessory use or part of a permitted principal building used for the storage of motor vehicles owned and used by the owner, residents, employees or visitors of such permitted principal building.
GARAGE, REPAIR
A building used for the off-street storage of motor vehicles, the provision of incidental motor fuel service, the sale of accessories and the repair of motor vehicles, excluding body work.
GASOLINE SERVICE STATION
An area of land, including any structures thereon, used primarily for the retail sale and direct delivery to motor vehicles of motor fuel and lubricants, as well as such incidental services as the lubrication and washing of motor vehicles and the sale, installation and minor repair of automotive accessories such as tires and batteries. A gasoline service station may also include a mini-mart or convenience store or conversely, a mini-mart or convenience store may have motor vehicle fuel dispensing facilities.
GLARE
Illumination whereby a source of light, producing a reading of 50 or more on a Standard Weston Photographic light meter or equivalent at a distance of three feet is visible from the public right-of-way, or a reading of 0.8 or more is found when such meter or equivalent is held anywhere on a residential property line.
GOVERNING BODY
The Township Committee of the Township of Commercial in the County of Cumberland.
GRADE
(1) 
The average elevation of the land around a building; and
(2) 
The percent of rise or descent of a sloping surface such as street or parcel of land.
GROUND COVER
Low-growing plants or sod that in time forms a dense mat covering the area in which they are planted; preventing soil from being blown or washed away and the growth of unwanted plants.
GUTTER
A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying away runoff water.
HABITAT
The natural environment of an individual animal or plant, population, or community.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding property significantly effecting or affected by the quality and character of the historic site or sites.
HISTORIC RESOURCE
Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
HISTORIC SITE
Any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing that is significant in the history, architecture, archeology or culture of the nation, state, county, regional or local level.
HOME OCCUPATION
Any permitted commercial activity undertaken by a resident of the dwelling in which said activity occurs and conducted as a customary, incidental, and accessory use in the resident's dwelling unit and/or accessory structure thereto as provided for in § 145-45 herein this chapter.
HOME PROFESSIONAL OCCUPATION
A home occupation consisting of the office and/or work space of a recognized licensed professional such as, but not limited to, an accountant, lawyer, hairstylist or beautician, or land surveyor, as provided by § 145-45 herein this chapter.
HOME OCCUPATION, VILLAGE COMMERCIAL
A commercial activity which is carried on within the owner/operator's home or residence and which is:
(1) 
Within a zoning district identified by the word "village" in its title;
(2) 
Meets the prescribed scope, operation and extent that defines the character of the village setting as set forth in § 145-45; and
(3) 
Is more intense a use of the residential property for commercial activity than permitted or commonly associated with a home occupation or a home professional occupation as set forth in § 145-45 herein this chapter.
HOTEL, MOTEL or INN
A building or group of buildings containing 10 or more guest rooms, without cooking facilities of any kind, especially designed for the temporary lodging of transient guests. Such establishments shall provide guests with customary services such as maid service and the furnishing and laundering of linen. Eating and drinking establishments may be an accessory use to the hotel, motel or inn.
HOUSE, BOARDING
A rooming house in which the renting of rooms to individuals who are also served with meals prepared in one kitchen by the owner or operator of the house, in return for valuable consideration.
HOUSE, ROOMING or GUESTHOUSE
A single-family dwelling wherein furnished rooms without cooking facilities are rented for valuable consideration to one or more individuals unrelated by blood or legal relationship to the owner or operator of the house.
HOUSEHOLD
A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit. See "family."
HYDROPHYTE
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass or penetrate its pores or spaces.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.
IMPROVED PUBLIC STREET
For subdivision or site plan purposes, any street which complies in width and construction with municipal standards and as defined by Township ordinance.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit/dwelling.
INSTITUTIONAL USE
Any land used for the following public or private purposes: educational faculties, including universities, colleges, elementary and secondary and vocational schools, kindergartens, pre- and nursery schools; day care facilities; cultural facilities such as libraries, galleries, museums, concert halls, theaters, and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital, medical and health services or outpatient facilities, including nursing homes, assisted living facilities, supervised residential institutions, rehabilitation, therapy centers, hospices, and public health facilities; law enforcement facilities; military facilities, public office buildings; churches, cemeteries and other similar facilities.
INTERESTED PERSON
Any person whose right to use, acquire or enjoy property, is or may be affected by any action taken under this chapter, or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed upon by an action or a failure to act under this chapter.
JUNKYARD
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting and dismantling, storage, and savage of machinery or vehicles not in running condition, and for the sale of parts thereof.
KENNEL
An establishment or property where five or more dogs, cats or like domesticated animals, more than one year old and/or during any six months of any calendar year one or more such animals less than one year old, are kept, boarded, groomed, trained, raised or bred for compensation.
LAND
Real property, including improvements and fixtures on, above, or below the surface.
LAND MINING
See "resource extraction."
LAND USE BOARD
The planning board of the Township of Commercial established pursuant to the provisions of N.J.S.A. 40:55D-25c.
LANDOWNER
The legal or beneficial owner or owners of land; the hold of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee if said lessee is authorized under the lease to exercise the rights of the owners.
LANDSCAPED AREA
That portion of a tract or lot in which plantings have been installed in accordance with any special provisions for landscaping in this chapter. The landscaped area includes the buffer planting strip and those plantings which serve a functional and/or aesthetic purpose and are located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and the like. The area must be both nonsurfaced and water absorbent, and no more than 1/3 of this total square footage space requirement may be made up of the area located within the setback requirements for the front, side, or rear yards of the complex.
LANE, ACCELERATION AND DECELERATION
Lanes adjacent to the primary cart way and attached thereto for the use only by vehicles entering, leaving or preparing to cross a lane of forward travel without interrupting the flow of traffic.
LIGHT MANUFACTURING OR PROCESSING OPERATIONS OR USES
Activities and uses such as those that involve the assembly of pre-manufactured parts, printing operations, telemarketing, warehousing and distribution, and other manufacturing or processing activities which have minimum environmental impact, are largely conducted within entirely enclosed structures, and do not require major infrastructure facilities such as sewage treatment or water facilities which require permits from the N.J. Department of Environmental Protection.
LOADING SPACE, OFF-STREET
A space in a building or on a lot which is accessible from the public street system for the temporary use of vehicles while loading or unloading merchandise, materials or passengers. This space shall be not less than 12 feet in width and 70 feet in length and have a minimum of 15 feet height clearance. Also, it shall be so arranged that no vehicle is required to back into a public right-of-way. For purposes of this chapter, a trash pickup area shall not be considered a "loading space."
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The size of a lot measured with the lot lines and expressed in terms of acres and square feet excluding areas of public rights-of-way.
LOT, CORNER
A lot abutting upon two or more streets or upon two parts of the same street, including shared driveways, forming an interior angle of less than 135°. A corner lot has two front yards and two side yards.
LOT COVERAGE
The percentage of the lot area covered by an impervious surface. The computation of lot coverage shall be the sum of the building coverage and all other impervious surfaces, i.e., noncovered patios, sealed driveways, parking lots, walkways, etc. Swimming pool surface area is also included.
LOT DEPTH
The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT FRONTAGE
The horizontal distance between the side lot lines, measured along the street line. In the case of a street of unidentified width, said line shall be assumed to be parallel with the center line of the street at a distance of 25 feet from said center line. The minimum "lot frontage" shall be the same as the lot width, except that, on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lots lines measured at the street line shall not be less than 75% of the required lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the "lot frontage."
LOT, INTERIOR
A lot which has limited frontage on a public street and has access to a public street by a relatively thin strip of land; a "flag-shaped" lot or a lot which has access to a street only by way of an easement or right-of-way, such as a shared driveway, and does not front on a public street.
LOT LINE, FRONT
The line abutting a street and coinciding with the street line is the front lot line. Unless otherwise specifically designated by the approving authority at the time of development review, there shall be two front lot lines in the case of a corner lot, or in the case of an existing lot, the lot line that is abutting the street line; or in the case of any other lot, the front lot line shall be construed to be the lot line on the same side as the main entrance. See also "lot frontage" and "lot, corner."
LOT LINE, REAR
The lot line which is opposite to the street line or, in the case of an interior lot, the front yard is the rear lot line. See "lot, interior."
LOT LINE, SIDE
Any lot line which is not a street line or a rear lot line.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on two generally parallel streets with vehicular access limited to one street. Access shall be from the local rather than a collector or arterial street.
LOT WIDTH
The horizontal distance measured between the side lot lines at the required front yard building setback line parallel to the road right-of-way. In no case shall said lot width be less than 50 feet along the right-of-way line on a tapered lot.
LOW INTENSITY
As used in this chapter to modify or describe a particular land use the term "low intensity" shall mean foregoing the need to acquire a New Jersey Department of Environmental Protection permit for effluent disposal.
MAINTENANCE GUARANTY
Any security, other than cash, that may be accepted by a municipality for the maintenance of any required improvements under authority of N.J.S.A. 40:55D-1 et seq.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan.
MAJOR SUBDIVISION
Any subdivision not classified as minor subdivision.
MANUFACTURED HOME
A unit of housing which:
(1) 
Consists of one or more transportable sections which are subsequently constructed off site and, if more than one section, are joined together on site.
(2) 
Is built on a permanent chassis.
(3) 
Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation.
(4) 
Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the U.S. Department of Housing and Urban Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Public Law 93-383 (42 U.S.C. § 5401 et seq.), and the standards promulgated for a manufactured or mobile home by the Commissioner pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
MARGINAL ACCESS STREET
A service street that runs parallel to a higher order street which, for purposes of safety, provides access to abutting properties and separation from through traffic. It may be designed as a residential access street or sub collector, as anticipated by daily traffic dictates.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted by the Land Use Board pursuant to N.J.S.A. 40:55D-28.
MINOR SITE PLAN
A development plan for less than 4,000 square feet of floor area and less than 6,000 square feet of impervious surface, provided that such site plan which:
(1) 
Does not involve a planned development, any new street, or the extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42;
(2) 
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
(3) 
Is not located on roadway classified as an arterial or collector road on any adopted Township or Cumberland County Master Plan elements.
MINOR SUBDIVISION
A subdivision of land that does not involve:
(1) 
The creation of more than four lots, sites or other divisions of land in addition to a single reserved parcel, for the purpose, whether immediate or future, of sale or building development.
(2) 
A planned development.
(3) 
Any new street.
(4) 
Extension of any off-tract improvement, the cost of which is to be prorated pursuant to the provisions of N.J.S.A. 40:55D-42.
MITIGATION
The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.
MOBILE HOME
Any unit, whether licensed or not, used for living, sleeping or business purposes by one or more persons, built on a chassis originally designed without a permanent foundation, and includes a dwelling, sleeping or business unit of vehicular design, used or intended or constructed for use as a conveyance upon public streets and highways, whether licensed or not. See also "manufactured home." For purposes of this chapter, the term "mobile home" shall not include:
(1) 
Self-propelled vehicles and other structures designed, constructed and reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a dwelling, sleeping place or for business purposes for one or more persons and having wheels, jacks, piers or skirting so arranged as to be integral with or portable by said trailer or camp car.
(2) 
That type of dwelling known as a "trailer," "camper," "travel trailer," "camp car," or "motor home," even though the same may be placed on a foundation.
MONOPOLE
A type of freestanding tower with a single shaft of wood, steel, or concrete and a platform (or racks) for antennae arrayed at the top or attached thereto.
MULCH
A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing; hold the soil in place, and aid in plant growth.
NAVIGABLE WATERS
Waters capable of being traversed by pleasure craft.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. Such lots shall be considered nonconforming for the purposes of this chapter and developers of said lots shall require the appropriate variance.
[Amended 7-17-2008 by Ord. No. 2008-499]
NONCONFORMING STRUCTURE
A structure or building the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of the 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.
OFF SITE
Located outside the lot lines of the lot in question, but within the property (of which it is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-SITE COMMERCIAL ADVERTISING SIGN
A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
OFF-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor a contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENT
Improvements made outside the original tract to accommodate conditions generated inside the original tract that are transferred off site as a result of the proposed development.
ON SITE
Located on the lot in question.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided, that such areas may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE, USABLE
An unenclosed portion of a lot, parcel or common area which is not devoted to driveways, structures and other paved surfaces and improvements and is free of environmental obstructions such as rock outcroppings, slopes in excess of 10%, floodplains, marshes and wetlands, or other legal restrictions which would severely limit its use as intended.
OWNER
The person, corporation or other entity with free title or long term (exceeding 10 years) leasehold to any parcel of land within the Township who desires to develop, or construct, build, modify or erect a structure including a tower upon such parcel of land.
PARCEL
Any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.
PARKING LANE
A lane usually set on the sides of streets, designed to provide on-street parking for vehicular traffic.
PARKING SPACE AREA
The area provided for the parking of a motor vehicle with sufficient space as provided herein for exiting and entry of the vehicle and including handicapped accessible areas and/or spaces as required. Said space area shall be served by adequate driveway(s) and be intended primarily for the parking of a motor vehicle.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, owners of the subject property and all owners of adjacent property and governmental agencies entitled to notice under N.J.S.A. 40:55D-1 et seq.
PERMEABILITY TEST (PERCOLATION TEST)
A test designed to determine the ability of ground to absorb water and used in determining the suitability of a soil for drainage or for the use of a septic system.
PERFORMANCE GUARANTY
Any security, including cash, which may be acceptable by the Township to ensure the installation of required subdivision and/or site plan improvements; provided, that the Township shall not require more than 10% of the total performance guaranty in cash.
PERVIOUS SURFACE
Any material that permits full or partial absorption of stormwater into previously unimproved land.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential or other uses incidental to the predominant uses as may be permitted by this chapter.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development, or planned industrial development.
PLANNING BOARD
See "Land Use Board."
PLANTS, THREATENED OR ENDANGERED
A plant species whose survival worldwide, nationwide, or in the state is in jeopardy.
PLAT
A map or maps of a subdivision or site plan.
POTABLE WATER SUPPLY
Water suitable for drinking or cooking purposes.
PRE-APPLICATION CONFERENCE
An initial meeting between developer(s) and the municipal representatives which affords developers the opportunity to present their proposals informally.
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval, after specific elements of a development plan have been agreed upon by the Land Use Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale, and relationship to its site and immediate environs.
PRELIMINARY SUBDIVISION PLAT
A map indicating the proposed layout of a development and related information that is submitted for preliminary approval.
PRINCIPAL USE
The primary and main purpose for which a lot or building are used.
PROFESSIONAL OFFICE
An office with sufficient area to be utilized by a member of state recognized and/or licensed profession such as a doctor, dentist, lawyer, architect, engineer, or planner. Such an office may include space and facilities to accommodate employees normally associated with such professional activity.
PROVIDER
A company that provides wireless services via a local communications facility.
PUBLIC DEVELOPMENT
Development, including subdivision, by any Township or other governmental agency.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservation uses.
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.
QUASI-PUBLIC USE
A nonprofit use serving the public or a significant portion thereof, not controlled directly by government or a governmental agency and financed in whole or in part by either public funds or public contributions. In addition, quasi-public facilities include those operated by nonprofit institutions or organizations, including homeowners' associations, which are operated by persons or groups of persons for public purposes but with only limited public control or accessibility.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use of available technology, natural, human and economic resources (sometimes referred to as "best management practice").
RECORD TREE
The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level.
RECREATIONAL VEHICLES
A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles or units, including travel trailers, truck-mounted campers, motor homes, campers, folding tent campers and autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation or long-term occupancy are in this category. Snowmobiles, mini-bikes, dirt bikes, all-terrain vehicles, go-carts, and boat trailers are also deemed recreational vehicles.
RESIDENTIAL ACCESS STREET
The lowest order of residential street (see "street hierarchy"). Provides frontage for access to private lots, and carries traffic having destination or origin on the street itself. Such a street is designed to carry traffic at the slowest speed. Traffic volume should not exceed 250 ADT (average daily trips) at any point of traffic concentration. The maximum number of housing units should front on this class of street.
RESIDENTIAL CLUSTER
A form of planned residential development to be developed as a single entity according to a plan containing residential housing units which have a private or public open space area as an appurtenance.
RESIDENTIAL COLLECTOR
The highest order of residential street (see "street hierarchy"). Such streets are designed to conduct and distribute traffic between lower-order residential streets and higher-order streets (arterial roadways and expressways). Since its function is to promote free traffic flow, access to homes and parking should be prohibited. Collectors should be designed to prevent use as shortcuts by nonneighborhood traffic. Total traffic volume should not exceed 3,000 ADT (average daily trips).
RESIDENTIAL SITE IMPROVEMENT STANDARDS (RSIS)
The site improvement standards that are the administrative rules and the technical requirements that apply to new residential developments in New Jersey as promulgated in the New Jersey Administrative Code, Title 5, Chapter 21 (N.J.A.C. 5:21), as amended, under the provisions of the enabling legislation, P.L. 1993, Chapter 32, and located in the New Jersey Statutes Annotated at Title 40, Chapter 55D, § 40 (N.J.S.A. 40:55D-40.1 et seq.). They include technical standards for streets and parking, water supply, sanitary sewers and stormwater management.
RESIDENTIAL SUBCOLLECTOR
Middle order of residential streets (see "street hierarchy") and that provides frontage for access to lots and carries traffic to and from adjoining residential access streets. Traffic should have origin or destination in the immediate neighborhood. Traffic volume should not exceed 500 ADT (average daily trips) at any point of traffic concentration.
RESOURCE EXTRACTION
The dredging, digging, extraction, mining, and quarrying of sand, gravel, clay, or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted materials by the landowner.
RESTAURANT
An establishment where food and drink are prepared, served, and consumed primarily within the principal building.
RESTAURANT, DRIVE-IN
See "restaurant, take-out."
RESTAURANT, TAKE-OUT
An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, or where ordering and pickup of food may take place from an automobile.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instruments. The designation of a subdivision as a "resubdivision" shall be determined on the basis of the tract or parcel affected without regard to any change in ownership as regulated by the subdivision regulations of the Township of Commercial since June 1995.
RETAINING WALL
A wall that is not laterally supported at the top, designed to resist lateral soil load.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water runoff without a surface water discharge.
REVERSE FRONTAGE
The provision in the design of a land development allowing for lots adjacent to an abutting existing road to front on an internal street without any direct access from the adjacent lots to the existing abutting road.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special reason.
ROADSIDE STAND
A stand for the display of farm products, baked goods, refreshments, arts and crafts, or other goods or products whether produced on site or off site, located along the front of a property along a road or street according to the provisions of this chapter.
RUNOFF
The water which is removed from the soil over the surface or through drains beneath the surface by natural and/or man-made means.
SCHEDULE OF DISTRICT REGULATIONS
The Zoning Schedule of District Regulations made part of this chapter.[3]
SCREEN
A structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property. (See also "buffer.")
SEASONAL HIGH-WATER TABLE
The level below the natural ground surface to which water seasonally rises in the soil in most years.
SEDIMENTATION
The deposit of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition of domestic wastes.
SEPTIC TANK
A water-tight receptacle that receives the discharge of sewage.
SETBACK
The distance between any building and any lot line.
SETBACK LINE
The line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed. See also "building line."
SHADE TREE
A tree, usually deciduous, planted primarily for overhead canopy.
SHOULDER
The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline, and used for emergency stopping of vehicles and parking.
SIDEWALK
A paved, surfaced, or leveled area, paralleling and usually separated from the street, but located within the right-of-way, and used as a pedestrian walkway.
SIGHT DISTANCE
The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street intersections or driveways in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGN
Any permanent or temporary structure or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface that displays or includes letters, artwork, insignia, flag or representation which is in the nature of an advertisement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property, and cornerstones built into or attached to a wall of a building are excluded.
SITE PLAN
A development plan of one or more lots on which is shown:
(1) 
The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes, and waterways;
(2) 
The location of all existing and proposed buildings, drives, parking spaces or areas, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting and screening devices; and
(3) 
Any other information that may reasonably be required in order to make an informed determination pursuant to this chapter.
SPECIMEN TREE
A unique, rare, or otherwise specifically selected plant or tree which most typically represents a whole class or group, specifically in shape, form, historical importance, or any other characteristics which may be designated as such by the New Jersey Division of Parks and Forestry.
STANDARDS OF PERFORMANCE
Standards that are:
(1) 
Adopted by ordinance pursuant to N.J.S.A. 40:55D-65, Subdivision D, regulating noise levels, glare, earth-borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharges, screening of unsightly objects and conditions, and such other similar matters as may be reasonably required by the Township; or
(2) 
Required by applicable federal or state laws or other municipal ordinance; or
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORMWATER RETENTION
A provision for storage of stormwater runoff.
STORY
That part of a structure included between any floor and the floor or roof next above. When applied to the permissible height of buildings, the term "story" shall not include a basement if the floor thereof is below the average ground level around the structure.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other roadway. See also: "alley," "cul-de-sac," "marginal access street," residential access street," "residential collector," and "residential subcollector."
STREET FURNITURE
Man-made, above-ground items that are usually found in street rights-of-way, including: benches, kiosks, planters, canopies, shelters, and phone booths.
STREET HARDWARE
The mechanical and utility systems within a street right-of-way such as hydrants, manhole, traffic lights and signs, utility poles, lines and service boxes or stations, parking meters and the like.
STREET HIERARCHY
The conceptual arrangement of streets based upon function. A hierarchal approach to street design classifying streets according to function, from high traffic arterial roads down to streets whose function is residential access.
STREET, LOOP
Any street that has its only ingress and egress at two points on the same subcollector or collector street.
STREET LINE
The dividing line between a lot and the outside boundary or right-of-way line of an opened or officially platted public street, or between a lot and a privately owned street easement line.
STREET, RIGHT-OF-WAY LINE
The line dividing a lot from the full street right-of-way, not just the cartway. For purposes of this definition, the word "street" shall include the words: "road," "highway," and "thoroughfare" and, where applicable, "alley."
STRUCTURAL ALTERATION
Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above, or below the surface of land.
STUDIO or WORKSHOP
A facility or structure including property used as the work space of an artist, musician, sculptor, photographer, dancer, film producer or craftsperson; as an office for a professional such as a architect's office or a hairstylist salon; or any similar such use as determined by the Land Use Board as permitted in connection with a home occupation as set forth in §§ 145-45 and 145-64 herein this chapter.
SUBDIVISION
The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other division of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter, if no new streets are created:
(1) 
Divisions of land found by the Land Use Board or subdivision and site plan review committee 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 Township. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION AND SITE PLAN REVIEW COMMITTEE
A committee appointed by the chairperson of the Land Use Board for the purpose of reviewing, commenting and making recommendations with respect to subdivision and site plan applications and if so authorized by Township ordinance, having the power to approve minor site plans and subdivisions.
SUBGRADE
The natural ground lying beneath a road.
SUBMERGED LANDS
Those lands which are inundated with water throughout the year
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, 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 that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of structure to comply with existing state or local health, sanitary building maintenance or safety code specifications which are solely necessary to ensure safe living conditions or any alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SURVEYOR, LICENSED PROFESSIONAL LAND
An individual licensed in the State of New Jersey to practice land surveying pursuant to N.J.S.A. 45:8-27 et seq.
SWIMMING POOL, PRIVATE
Any body of water, tank, pond or other receptacle for water containment, whether indoors or outdoors, in- or above-ground, even if portable or temporary, having a depth at any point of 2 1/2 feet or more, or containing over 750 gallons of water; which is used, or intended to be used, for swimming or bathing by the owner, resident or occupant and their guests. A private swimming pool is considered an accessory use to a residence under this chapter.
SWIMMING POOL, PUBLIC
A public or privately owned pool open to the public on a membership basis and requiring dressing rooms, off-street parking, and other appurtenant accessories or facilities.
TELECOMMUNICATION FACILITIES
Any cables, wires, lines, wave guides or antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to located or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
(1) 
Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial.
(2) 
Any satellite earth station antenna one meter or less in diameter regardless of zoning category.
TOPSOIL
The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.
TOWER
A self-supporting lattice, guyed, or monopole structure from grade which supports telecommunications facilities. The "tower" shall not include amateur radio operators' equipment, as licensed by the FCC.
TOWNHOUSE
See "dwelling, single-family, semidetached" or "dwelling, attached."
TOWNSHIP
The Township of Commercial, including its Land Use Board.
TRACT
One or more lots assembled for the purpose of development.
TRAIL
A right-of-way containing a marker or beaten path, either paved or unpaved, for pedestrian, equestrian and/or bicycle use.
TRAILHEAD
An area located along a public or private road which provides access to a park or other public lands and may include parking area for vehicles and bicycles, public facilities, picnic tables and/or similar limited facilities for the use of park or trail visitors.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
TRAVEL TRAILER
A portable vehicular structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses, having a body width not exceeding eight feet and a body length not exceeding 32 feet.
TREE
A woody plant that has the potential to reach a height of at least 10 feet, has a single stem, and has a definite crown shape.
TRIP
A single or one-way vehicle movement to or from a property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.
UPLANDS
Non-wetlands areas or areas devoid of wetlands soils.
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes, located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage, or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
VARIANCE
Permission to depart from the literal requirements of the zoning ordinance, pursuant to Subdivision b of N.J.S.A. 40:55D-40 and Subdivisions c and d of N.J.S.A. 40:55D-70.
VILLAGE-ORIENTED RETAIL USE
The use of a land or a structure and land within a designated village zoning district for commercial or business purposes that is sized and intended to primarily serve the village population needs. Such a use may also be for the sale or manufacture of a service or goods directly related to existing historical, cultural or environmental characteristics of the village or its environs. A village-oriented retail use shall be of low intensity by design and size.
WETLANDS
Wetlands are those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the Natural Cooperative Soils Survey of the U.S. Soils Conservation Service and as defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
WETLANDS, COASTAL
As delineated by the N.J.D.E.P. maps listed in N.J.A.C. 7:7A-1.13.
WETLANDS SOILS
Those soils designated as very poorly drained or poorly drained by the U.S. Soil Conservation Service of the Department of Agriculture, including, but not limited to, Atison, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns, and Freshwater Marsh and Tidal Marsh soil types.
YARD
An open area with no buildings that lie between the permitted principal or accessory building or buildings and the nearest lot line. Such yard shall be unoccupied and unobstructed from the ground upward, except as provided otherwise in this chapter.
YARD, FRONT
A yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point on the lot where a building is permitted. In the case of corner lots or reverse frontage lots, front yard of the required depth shall be provided along all streets; or in the case of an interior lot, along the front property line.
YARD, REAR
A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point on the lot where a building is permitted. (See "lot, corner.")
YARD, SIDE
A yard extending the full depth of the lot along the side lot line and extending in width from such side lot to the nearest point on the lot where a building is permitted. (See "lot, corner.")
ZONING
The designation of specified districts within a municipality, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements,
ZONING MAP
The official Land Use Zoning Map of the Township, as amended
ZONING PERMIT
A document issued and signed by the Zoning Officer which:
(1) 
Is required by § 145-100, Zoning permits, 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 that such use, structure or building complies with the provisions of this chapter or a variance from same duly authorized by the Land Use Board pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70.
[1]
Editor's Note: See Ch. 131 of this Code.
[2]
Editor's Note: See N.J.S.A. 40:55d-1 et seq.
[3]
Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.