Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
As used in this chapter, the following terms shall have the meanings indicated:
AASHTO
The American Association of State Highway and Transportation Officials.
ACCESS, EMERGENCY
All properties containing structures shall provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles. The access shall be a minimum unobstructed width 20 feet wide capable of sustaining a gross vehicle weight of 70,000 pounds. The access shall also have an unobstructed vertical clearance of 13 feet six inches. All access roads and driveways over 100 feet in length shall have a turnaround area provided for the applicable fire district's largest emergency vehicle in accordance with Table D1.03.4 of the International Fire Code. Before a certificate of occupancy is issued, an inspection of the access shall be made by either the Fire Official, Construction Official or Zoning Officer of the Township of Middle. All such access areas shall be consistently maintained by the property owner to ensure compliance with the above-noted requirements.
ACCESSORY STRUCTURE
A building or structure which is detached from a principal building or structure; customarily associated with such principal building or structure; subordinate in area, extent and purpose to such principal building or structure; incidental to the principal building or structure; and located on the same lot as the principal building or structure. An accessory structure attached to the principal building or structure shall comply in all respects with the zoning requirements applicable to the principal building or structure, regardless of the technique of connecting the principal and accessory building or structure. See § 250-623 for required separation distances between principal and accessory buildings and structures. No accessory structure is permitted in a front yard. Residential accessory structures shall not exceed, in area, the square footage of the area of the ground floor of any principal structure on the same lot or parcel of land. This term shall include temporary carports, tents, and large inflatable pools with depths of 24 inches or greater.
ACCESSORY USE
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
ADMINISTRATIVE OFFICER
The Zoning Officer of the Township of Middle, unless a different Township official or officials have been designated by ordinance or statute.
ADVERSE EFFECT
Conditions or situations, whether existing or proposed, creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a property proposed for development or on adjacent property, including but not limited to improper circulation and drainage rights-of-way; inadequate drainage facilities; insufficient street widths, unsuitable street grades, or unsuitable street locations to accommodate prospective traffic or to coordinate and compose a convenient system; disruptive environmental impacts; locating lots in a manner not adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size; and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard Map that indicates the advisory stillwater elevation plus wave effect (ABFE = SWEL + wave effect) resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
[Added 5-20-2013 by Ord. No. 1446-13 and 8-5-2013 by Ord. No. 1445-13]
ADVISORY FLOOD HAZARD AREA (AFHA)
The land in the floodplain within a community subject to flooding from the one-percent annual chance event depicted on the Advisory Flood Hazard Map.
[Added 5-20-2013 by Ord. No. 1446-13 and 8-5-2013 by Ord. No. 1445-13]
ADVISORY FLOOD HAZARD MAP
The official map on which the Federal Emergency Management Administration has delineated the areas of advisory flood hazards applicable to the community.
[Added 5-20-2013 by Ord. No. 1446-13 and 8-5-2013 by Ord. No. 1445-13]
AGRICULTURAL COMMERCIAL ESTABLISHMENT
An agricultural commercial establishment may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself or nonfacilities which are solely processing facilities.
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.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
The production, storage, keeping, harvesting, grading, packaging, processing, boarding or maintenance for sale or lease of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation or forestry management program under an agency of the federal government.
ALTERATIONS or ADDITIONS
As applied to a building or a structure, a change or rearrangement in the structural parts, in the existing facilities or in the means of egress; or an enlargement, whether by extension of a side or by increasing in height; or the moving from one location or position to another.
AMENDMENT
A means for making changes in this chapter or to the certified Master Plan herein as expressly authorized.
ANIMAL, DOMESTIC PET OR DOMESTIC FARM
Any animal that has been bred and/or raised to live in or about the habitation of humans, is dependent on people for food and shelter, and is not used to generate income.
ANIMAL, FARM
Animals, other than domestic, which are kept and maintained for commercial production and sale on farm properties.
ANIMAL KENNEL
Any structure or premises in which animals are boarded, groomed, bred, or trained for commercial gain.
ANIMALS, THREATENED OR ENDANGERED
Those animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
ANTIQUE SHOP
A retail business dealing in objects of art, decorative accessories and furniture dating from an earlier period of time.
APARTMENT
An independent, self-contained dwelling unit that contains a private bath and kitchen facilities.
APPLICANT
A developer, landowner or person with an enforceable proprietary interest submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by this chapter 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-34 or N.J.S.A. 40:55D-36.
APPROVING AUTHORITY
The Planning Board, Zoning Board of Adjustment or other board, agency or official designated by this chapter and when acting pursuant to the authority of this chapter.
AQUACULTURE
The propagation, cultivation and collection of shellfish, finfish, seaweed and other aquatic animals and plants.
ARTS AND CRAFTS
The making of objects of art, such as drawings, paintings and statues, or the making of decorative accessories, including flower arrangements, wreaths, ornaments, pottery, candles, baskets, quilts or other such items, as a hobby or for retail purposes.
BASEMENT
That portion of a building which is partly below and partly above grade and having at least 1/2 its height above grade. (See "grade," "story" and "cellar.")
BED-AND-BREAKFAST
A portion of a residential dwelling unit containing sleeping accommodations, without individual cooking facilities, which are used, let or hired out for compensation for the use of temporary guests. A central dining area may be utilized to furnish meals only to the guests.
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69 and this chapter and known legally as the "Zoning Board of Adjustment."
BOD
Biochemical oxygen demand.
BUFFER
An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.
BUILDING
Any structure, either temporary or permanent, which:
A. 
Has a roof;
B. 
Is designed, used or intended to be used for any use or occupancy, including but not limited to the sheltering or protection of persons, animals, chattels or property of any kind; and
C. 
Forms, by the combination of materials, a construction adapted to such occupancy.
BUILDING COVERAGE
The square footage or other area measurement by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the foundations and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING, EXISTING
Any building erected prior to the adoption of this chapter or one for which a legal building permit has been issued.
BUILDING LINE
The line parallel to the street line at a distance equal to the depth of the required front yard. A building shall not extend beyond this line except as otherwise allowed in this chapter.
BUILDING SITE
The area occupied by a building or structure, including the yards and courts required for light and ventilation and such areas that are prescribed for access to the street.
BULKHEAD
A structure separating land and water areas, primarily designed to prevent erosion and other damage due to wave or tidal action.
[Added 10-17-2011 by Ord. No. 1398-11]
A. 
A self-propelled vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term uses and which may contain cooking, sleeping and sanitary facilities.
B. 
A structure, incapable of moving under its own power, containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another.
C. 
A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four-foot level for camping activities.
D. 
A vehicular, portable structure built on a chassis, designed as a temporary structure for travel, recreation, vacation and other short-term uses, and having an outside body width not exceeding eight feet and a length not exceeding 30 feet, and which may contain cooking, sleeping and sanitary facilities.
CAMPGROUND
A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.
CAMPING UNIT
Any tent or camping article temporarily located on a campsite, maintained and operated in a campground as temporary living quarters for children or adults, or both, for recreation, education or vacation purposes.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction project.
CARE FACILITIES
A facility that provides short- or long-term care, treatment, and/or rehabilitation services, including nursing and convalescent homes; does not include child-care facilities.
CARTWAY
The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the "cartway" is the portion between the curbs. Where there are no curbs, the "cartway" is that portion between the edges of the paved or graded width.
CELLAR
That portion of a building which is partly or completely below grade and having at least 1/2 its height below grade. (See "grade," "story" and "basement.")
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the Construction Code Official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit. Before a certificate of occupancy is issued, a document must be signed by the Zoning Office of the Township of Middle that all zoning conditions have been satisfied, including grading.
CHANGE OF USE
Any use that is substantially different from the previous use of a building or land. “Substantially different” is defined as a different sector level (two-digit code) as set forth in the North American Industry Classification System. It does not include a change of occupancy or change of ownership in and by itself.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLUSTER
A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
COMMENCEMENT OF CONSTRUCTION
Actual construction on a parcel of land, in accordance with a permit issued by the applicable approving authority, of a form and character such that the work performed is not usable for any other form of development except that authorized by the issued permit.
COMMERCIAL USE
Any activity involving the sale of goods or services.
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.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility, licensed pursuant to 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. It shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the case of such residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
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 N.J.S.A. 30:14-1 through 30:14-14, 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.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in the 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.
CONSTRUCTION
The erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
CONTIGUOUS LAND
Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit.
CONVENTIONAL DEVELOPMENT
That development which takes place as of right in the particular zoning district and which requires subdivision, rather than planned development, review.
COUNTY
The County of Cape May, unless otherwise specified.
COUNTY MASTER PLAN
A composite of the Master Plan for the Physical Development of Cape May County, with the accompanying maps, plats, charts and descriptive and explanatory matter, adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4 or their successor statutes.
COUNTY PLANNING BOARD
The County Planning Board, as defined and organized pursuant to N.J.S.A. 40:27-6.1, of the county in which the land or development is located. Said Board is responsible for county planning.
CULTURAL AND ENTERTAINMENT FACILITIES
Facilities that provide cultural interest or entertainment to the general public, such as galleries, theaters, museums or auditoriums.
DAY
For purposes of computing time limits, refers to a calendar day.
DAY-CARE CENTER
A private residence which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act[1] and is further defined as a private residence in which child-care services are provided for a fee to not less than three and no more than five children at any one time for no less than 15 hours per week; except that the Division shall not exclude a family day-care center with fewer than three children from voluntary registration.
DEMOLITION
The systematic destruction of a building all at one time or part by part. A structure shall be considered to be demolished whether the work is done in phases or all at one time, e.g., wall by wall, floor by floor, and so forth. A structure shall be considered to be demolished notwithstanding the retention of the foundation of same.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DENSITY, GROSS
All of the land within the boundaries of the particular area, excluding nothing.
DENSITY, NET
The total number of dwelling units in a proposed development divided by the total number of acres of the specific development tract, exclusive of nonresidential uses, but including streets and parking areas serving the units.
DETENTION BASIN
A surface stormwater control basin designed to impound runoff and release it at a reduced rate through an outlet control structure.
DETENTION FACILITY
Any stormwater control facility, surface or subsurface, designed to impound runoff and release it at a reduced rate through an outlet control structure.
DETENTION/INFILTRATION FACILITY
Any stormwater control facility, detention, infiltration or partial detention.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
A 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, for which permission may be required pursuant to this chapter.
DEVELOPMENTALLY DISABLED PERSON
A person who is developmentally disabled as defined in N.J.S.A. 30:11B-2.
DEVELOPMENT APPROVAL
Any approval to develop which is granted by an approval agency, including appeals to the governing body, except for certificates of occupancy and variances which do not otherwise include issuance of a construction permit or subdivision or site plan approval.
DEVELOPMENT, PUBLIC
Any development by a public agency.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, Official Map ordinance or other municipal regulation for the use and development of land or amendment thereto adopted and filed.
DISTRICT
A portion of the territory of the Township within which certain regulations and requirements or various combinations thereof apply.
DIVISION
The Division of State and Regional Planning in the Department of Community Affairs.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff, to minimize erosion and sedimentation during and after construction or development, and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRY DETENTION BASIN
A detention basin designed to entirely drain.
DWELLING
One or more rooms, located within a structure, forming a single habitable unit used or intended to be used for living purposes by one or more persons living together and maintaining a common household, having separate cooking and sanitary facilities, and accessible from the outdoors, either directly or through an entrance hall shared with other dwelling units. Not included are mobile homes, hotels, motels, lodging houses, boardinghouses or tourist homes.
DWELLING, MULTIFAMILY
A suite of rooms designed for or occupied by one family or household and situated in a building containing three or more such suites of rooms. Such units may share some facilities, utilities or services, such as entrance halls, electric or water connections, basement areas, heating plant or refuse disposal facilities.
DWELLING, SINGLE-FAMILY
A building on a lot, designed and occupied exclusively as a residence for one family or household, which has yard or open areas on all sides, having no common walls with any other building.
DWELLING, TOWNHOUSE
A dwelling unit which is one of a group of three or more attached dwelling units separated by vertical party walls, each having separate front and rear or front and side entrances from the outside and a full complement of utilities and facilities for use as a dwelling unit.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairway exterior to both dwelling units, if applicable.
ELECTRIC TRANSMISSION LINES
Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and:
A. 
Another substation of the utility company.
B. 
A substation of or interconnection point with another interconnecting utility company.
C. 
A substation of a high-load customer of the utility.
ENVIRONMENTAL COMMISSION
A Township advisory body created pursuant to N.J.S.A. 40:56A-l et seq.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance of underground, surface or overhead electrical, gas, steam, water and sewage transmission and collection systems and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service.
EXISTING USE
The use of a lot or structure at the time of the enactment of a zoning ordinance.
EXTRACTIVE INDUSTRIES
Digging, extraction, mining and quarrying of sand, gravel, clay or other resources for commercial purposes.
FAMILY
One or more individuals occupying a dwelling unit and living as a single household unit. The controlling factor in considering whether a group of unrelated individuals living together as a single housekeeping unit constitutes a family for purposes of compliance with a single-family zoning restriction is whether the residents bear the generic character of a relatively permanent functioning family unit.
A. 
Principal uses: a lot used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce.
B. 
Accessory uses: buildings incidental to farms such as managers' and owners' homes, tenant houses and greenhouses; buildings for housing seasonal workers for the farm's own use; barns; packing, grading and storage buildings; buildings for keeping of poultry and permitted livestock; and garages for the keeping of equipment and trucks used in farm operations.
FARM MARKET
Nurseries and garden centers, which shall mean uses devoted to the growing, cultivation, storage, and/or sale of produce, landscaping products, and similar accessory and ancillary products.
FARM STAND
A temporary, seasonal area or structure, limited to 20 square feet, used for the display and sale of farm products grown exclusively on the property upon which the stand is located.
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
FENCE
An artificially constructed barrier of wood, masonry, stone, wrought iron, chain link, vinyl or any other approved manufactured material or combination of materials erected to enclose, screen or separate areas.
FINAL APPROVAL
The official action of the approving 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.
FISH AND WILDLIFE PRESERVE
A tract of land which may include bodies of water and upon which land and water area natural food and habitat conditions are maintained and safeguarded for the conservation of fish and wildlife.
FLAG LOT
A lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway.
FLAG LOT SUBDIVISION
A subdivision consisting of two lots (one new lot and the remaining parcel).
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The floodway and relatively flat areas adjoining the floodway which have been or may be hereafter covered by floodwater and which area, the improper development and general use of which would constitute a threat to the public's safety, health and general welfare. The flood hazard area shall constitute the total area inundated by the flood hazard design flood.
FLOODPLAIN
The general flat terrain subject to periodic flooding adjacent to streams, ponds, lakes or swamps.
FLOODWAY
The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of buildings or structures compared to the total area of the site, excluding nonhabitable space such as decks, garages, and basements.
FORESTRY or SILVICULTURE
The growing and harvesting of trees for commercial purposes, except that the following activities shall not be defined as forestry:
A. 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed.
B. 
Removal of trees directly associated with the use of the property for a nursery, garden center, Christmas tree plantation or orchard.
C. 
Removal of trees directly associated with the development of the property as otherwise authorized by this chapter.
D. 
Removal of trees necessary for the maintenance of utilities of public rights-of-way.
E. 
Removal of trees for the personal use of the property owner.
F. 
Removal of trees for public safety.
FUELING STATION
Lands and building providing for the sale of fuel, lubricants and automotive accessories.
GARAGE, PRIVATE RESIDENTIAL
A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof and which is not a separate commercial enterprise available to the general public. Storage in garages on the second floor or loft will be accessed from the inside the garages.
GARAGE, PUBLIC
A building or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GARAGE, REPAIR
Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
GARDEN CENTER
A structure in year-round use for the sale of agricultural and nursery products and related materials.
GOVERNING BODY
The Township Committee.
GRADE
A reference plane consisting of the average finished ground level adjacent to a structure, building or facility at all visible exterior walls.
HABITAT
The natural environment of an individual animal or plant population or community.
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, excluding hospitals and care facilities, and including but not limited to public health centers, urgent care centers, diagnostic centers, treatment centers, and rehabilitation centers.
HEALTH CARE SERVICES
Establishments providing support to medical professionals and their patients, such as medical and dental laboratories, blood banks, and miscellaneous types of medical supplies and services.
HEIGHT
The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. For lots 15,000 square feet or less, the average elevation can be measured within five feet of the structure. Finished grade must be within 24 inches of the original grade.
HISTORIC AREA
A district or zone designated by a local authority or state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history or because of their unique architectural style and scale, including color, proportion, form and architectural detail, or because of their being a part of or related to a square, park or area, the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purposes.
HISTORIC BUILDING
Any building or structure which is historically or architecturally significant.
HISTORIC RESOURCE
Any site, building, area, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
HOME OCCUPATION
A business, profession, occupation or trade conducted for gain or support within a legally existing residential building or an accessory thereto, which is clearly incidental and secondary to the use of such building for dwelling purposes, and which does not change the essential residential character of such building(s).
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association, which is organized in a development in which individual owners share common interest in open space or facilities.
HORSE FARM
A farm that is primarily used for the breeding and boarding of horses.
HORTICULTURE
The cultivation of gardens or orchards, including the growing of vegetables, fruits, flowers and ornamental trees and shrubs.
HOTEL
A facility offering transient lodging accommodations to the general public and which may include additional facilities and services. “Transient” is defined as 30 days or less.
HYDROPHYTE
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS SURFACE
Any surface which does not permit fluids to pass through or penetrate its pores or spaces.
INDUSTRIAL USE
Manufacturing plants of a type which carry on processes within completely enclosed buildings; wholesale distribution centers for wholesale sales, storage and distribution, including facilities for bulk storage; enclosed service and repair facilities; equipment sales and service; business offices and office buildings; industrial plants not involving the synthesis of chemical products for direct industrial sale; research laboratories; and other light industrial uses of the same general character.
A. 
In a criminal or quasi-criminal proceeding, any citizen of the state.
B. 
In a civil proceeding in any court or in an administrative proceeding before a municipal agency, any individual, whether residing within or without any municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under any law of the municipality or state or the United States.
INTERIOR LOT LINE
Any lot line other than one adjoining a street or public space.
INTERMITTENT STREAM
A natural stream that does not have a continual flow.
KENNEL
See “animal kennel.”
LAND
Includes the surface and subsurface of the earth, as well as improvements and fixtures on, above or below the surface and any water found thereon.
LANDFILL
Sites, including open dumps, where solid waste, liquid and dry sewage sludge and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered landfills.
LANDSCAPING
The installation of plant material or seed as a part of a development.
LAND USE ORDINANCE or LAND USE REGULATION
Any county or municipal ordinance or regulation which, in any way, regulates or affects the development of land.
LEACHATE COLLECTOR
The meaning attributed to the phrase by, and each such leachate collector shall conform to, the requirements of, the New Jersey Solid Waste Administration.
LIGHT INDUSTRIAL USE
Manufacturing plants of a type which carry on processes within completely enclosed buildings; wholesale distribution centers for wholesale sales, storage and distribution, including facilities for bulk storage; meat/seafood packing facilities; enclosed service and repair facilities; equipment sales and service; business offices and office buildings; industrial plants not involving the synthesis of chemical products for direct industrial sale; research laboratories; and other light industrial uses of the same general character.
LOCAL PERMITTING OR APPROVING AGENCY
Any county or municipal official, department, agency or other body authorized to rule on any application for development.
LOT
A designated parcel, tract or area of land, established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. In order to be used, developed or built upon, a lot must have improved public access complying with all applicable codes, standards, statutes and ordinances. Such improved public access must extend along the entire frontage of the lot(s) in question.
LOT AREA
The total area within the lot lines of a lot, excluding any street rights-of-way.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. Corner lots adjoining two streets shall be considered to have two front yards, and corner lots adjoining three streets shall be considered to have three front yards. In instances where there is a corner lot having two front yards, the front of the house or other building must be oriented toward one of the two of them, and the area behind the house or building shall be designated as the rear yard. The other yard shall be considered a side yard. Lots having three front yards shall likewise be required to orient the house or building toward one of the three of them, and the area behind the house or building shall be considered a rear yard. In these instances, there shall be no side yard.
LOT COVERAGE
That portion of the lot that is covered by buildings and structures, including walks, driveways and all other impervious surfaces.
LOT DEPTH
The distance measured from the front lot line to the rear lot line. If the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to the rear lot line(s) at right angles to the front lot line every 10 feet and averaging the length of these lines.
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way line. Only improved public streets may have their street lot line counted as lot frontage. Lots having street lot lines on more than one improved public street may not count more than one such street lot line toward the satisfaction of the lot frontage requirement. In instances where there is more than one street lot line, it is sufficient if one of such street lot lines satisfies the lot frontage requirement. It is not necessary that all such street lot lines individually satisfy the lot frontage requirement. Any street not providing actual legal access may not be counted as lot frontage, e.g., Garden State Parkway.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line or, in the case of triangular or otherwise irregularly shaped lot, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
The horizontal distance between the side lines of a lot, measured at right angles to its depth, along a straight line parallel to the front lot line at the minimum required building setback line.
LOW-INCOME HOUSEHOLD
A household with an annual income of less than 80% of the median income for Cape May County or for the Standard Metropolitan Statistical Area.
MAINTENANCE BOND
Any security acceptable to the Township Committee to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and in accordance with Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
MAINTENANCE GUARANTY
Any security which may be accepted by the Township for the maintenance of any improvements required by Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
MAJOR SITE PLAN
Any site plan which is not exempt or classified as a minor site plan and for which no site plan waiver has been granted.
MAJOR SUBDIVISION
Any subdivision of land not classified as a minor subdivision.
MANUFACTURED HOME
A unit of housing which:
A. 
Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;
B. 
Is built on a permanent chassis;
C. 
Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
D. 
Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Pub. L. 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.).
MANUFACTURING
The processing and converting of raw, unfinished or finished materials or products, or any of these, into an article or substance of different character, or for use for a different character, or for use for a different purpose; also industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MARINA
Facilities for the docking, anchoring, mooring, launching, storing, fueling, sales, rental and service of commercial, pleasure and recreational boats and related boating materials, equipment and structures, whether land- or water-based.
[Amended 10-17-2011 by Ord. No. 1398-11]
MARINE AGRICULTURE
The propagation, cultivation and collection of shellfish, finfish, seaweed and other aquatic animals and plants.
MASTER PLAN, TOWNSHIP
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted under N.J.S.A. 40:55D-28.
MAYOR
The chief executive of the Township.
MEDIAN INCOME
The median of household income as determined from time to time by the United States Department of Housing and Urban Development to be the median.
MENTALLY ILL PERSON
A person who is afflicted with a mental illness, as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
METHADONE CLINIC
A facility whose business includes the sale and/or distribution of methadone and/or other rehabilitative drugs to recovering addicts. For purposes of this chapter, any entity engaged in the activity specified herein shall be construed to be a business and/or commercial operation and not a professional office.
MIDDLE-INCOME HOUSEHOLD
A household with an annual income between 100% and 120% of the median income for Cape May County or the Standard Metropolitan Statistical Area.
MINOR SITE PLAN
Any site plan which proposes building alterations or expansions which do not increase the gross floor area of the structure by more than 30%; proposes the addition of five or fewer parking spaces; does not include any planned development or any new street or extension of any off-tract improvement; and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval as a minor site plan have been met. In addition, any application for development which entails the moving of a building or buildings over, along or across highways, streets, roads, lanes and alleys of the Township of Middle, unless the same shall qualify as a manufactured home within the definition contained in N.J.S.A. 54:4-1.4d, shall qualify as a minor site plan.
MINOR SUBDIVISION
A subdivision of land of not more than five lots (four new lots and the remaining parcel), provided that such subdivision does not involve a planned development, any new street or the extension of any off-street improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, and further provided that said subdivision is not a further division of an original tract of land for which previous subdivisions have been approved by the Township within the current twelve-month period and where the combination of the proposed and previously approved minor subdivisions constitute a major subdivision. The original tract of land shall be considered any tract in existence at the time of adoption of this chapter as shown on the Township Tax Maps. Any readjustment of lot lines resulting in new lots shall be classified as a "minor subdivision" for purposes of the application submission and review requirements but not for the purpose of counting whether there has been a subdivision within the current twelve-month period.
MIXED-USE BUILDING
A building containing two or more permitted uses.
MIXED-USE DEVELOPMENT
The development of a tract of land with two or more permitted uses, such as but not limited to residential, office, retail, public, or entertainment, in a compact urban form.
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed for long-term occupancy and which contains plumbing and electrical connections for attachment to outside systems; which is designed for transportation after fabrication on streets or highways on its own wheels; and which, upon delivery to the site, is ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary foundations, connections to utilities, and the like.
MOBILE HOME PARK
A site with required improvements and utilities for the long-term parking of mobile homes, which may include services and facilities for the residents.
MODERATE-INCOME HOUSEHOLD
A household with an annual income which is 80% to 100% of the median income for Cape May County or the Standard Metropolitan Statistical Area.
MOTEL
An establishment providing transient accommodations containing rooms, with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
MUNICIPAL AGENCY
The Township Planning Board or Zoning Board of Adjustment, or the Township Committee when acting pursuant to this chapter, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
MUNICIPALITY
The Township of Middle, County of Cape May, State of New Jersey.
NATIONAL FLOOD INSURANCE PROGRAM
A federal program which authorizes the sale of federally subsidized flood insurance in communities where such flood insurance is not available privately.
NAVIGABLE WATER
Water capable of being traversed by pleasure craft.
NITRATE DILUTION MODEL
A regulatory planning tool used to limit residential development density in unsewered areas based on the carrying capacity of land.
NJPDES
New Jersey Pollutant Discharge Elimination System.
NONCONFORMING LOT
A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district in which it is located.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of an ordinance or an amendment thereto which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district in which it is located.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district in which it is located.
NONCONTIGUOUS PARCEL CLUSTERING or NPC
A development technique that allows one parcel to be preserved in its entirety for farming, recreation, or open space while its development rights are conveyed to a noncontiguous parcel that is developed at a higher density than otherwise permitted.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Cape May County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of the 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-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
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.
OPEN SPACE CLUSTERING
The grouping of residential units on a site to preserve a large portion of land as open space, recreation or agriculture.
OPEN SPACE, COMMON
Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
OUTLET CONTROL STRUCTURE
A device designed to release impounded runoff from a detention/infiltration facility, usually by means of an orifice or weir.
OWNER
Any individual, firm, association, syndicate, copartnership, corporation or trust having sufficient proprietary interest in the land to be developed in order to commence and maintain proceedings to develop the same under Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
PARCEL
Any quantity of land capable of being described with such definiteness that its location and boundaries may be established and which is designed by its owner as land to be used as a unit.
PARKING LOT, COMMERCIAL
Any lot or area, other than a street, which is devoted to the parking of automobiles, available for public use, whether in return for a fee or as an accommodation for clients or customers, and which is not directly operated by and on behalf of the use permitted in the zone in which it is located.
PARKING SPACE
An open space or garage on a lot used for parking motor vehicles, to which there is access from a street.
PARKING STRUCTURE, OPEN
A structure for the parking of passenger cars wherein two or more sides of such structure are not less than 50% open on each floor or level for 50% of the distance from the floor to the ceiling and wherein provision for the repairing of such vehicles is not made. Such open parking structures shall not be classified as public garages but shall comply with the requirements of Township ordinances.
PARTIAL DESTRUCTION
A building or structure that, because of fire, flood, explosion, or other calamity, requires the rebuilding of less than half of the original floor area.
PARTIAL DETENTION FACILITY
Any stormwater control facility, surface or subsurface, designed to impound runoff and both recharge it into the groundwater and release it at a reduced rate through an outlet control structure.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
PARTY WALL
A fire wall on an interior lot line used or adapted for joint service between two buildings.
PERCOLATING AREA
That portion of soil utilized as the effective disposal media for sewage.
PERCOLATION
Downward flow or infiltration of water through the pores or spaces of rock or soil.
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 in accordance with the requirements of Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance, which may be accepted by the Township in lieu of a requirement that certain improvements be made before the Township approves a plat, including performance bonds, escrow agreements, letters of credit and other similar collateral or surety agreements, and also including cash, provided that the Township shall not require more than 10% of the total performance guaranty in cash.
PERMIT
An official document or certificate issued by the authority having jurisdiction and authorizing performance of a specified activity.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSON
An individual, corporation, public agency, business trust, partnership, copartnership, association, two or more persons having a joint or common interest or any other legal entity.
PLANNED DEVELOPMENT
An area with a specified minimum contiguous acreage of 40 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate public or quasi-public uses, all primarily for the benefit of the residential development.
PLANNING BOARD
The Middle Township Planning Board established pursuant to N.J.S.A. 40:55D-23.
PLAT
One or more maps of a subdivision or a site plan which show the location, boundaries and ownership of individual properties.
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the approving board and the applicant and after the applicant has proceeded in accordance with Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
PRIME AGRICULTURAL LANDS
Those soils designated in the Cape May County Soil Survey as agricultural capability Classes I and II.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL USE
The main purpose for which a lot or building is used.
PRIVATE CLUB OR GROUNDS
A building or related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members and not primarily for profit and whose members meet certain prescribed qualifications for membership and pay dues.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained for the conduct of that profession. It includes but is not limited to an office for the use of accountants, doctors, attorneys, architects, real estate agents, insurance brokers, dentists, engineers or similar professionals.
PUBLIC AGENCIES
The government of the United States of America; the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; and any interstate and regional agencies exercising sovereign powers of government.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Township, a Township agency, the Board of Education, a state or county agency or other public body for recreational, conservational or other public uses.
PUBLIC PURPOSE USES
Facilities owned by governing bodies, commissions, authorities or other public agencies for the provision of educational, recreational, administrative or cultural services, including schools, parks, playgrounds, municipal buildings, courthouses, post offices, police and fire stations, libraries and museums.
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.
PUBLIC SEWERAGE FACILITIES
Facilities, including sanitary sewers and wastewater treatment plants, designed and constructed in accordance with the Rules and Regulations for the Preparation and Submission of Plans for Sewer Systems and Wastewater Treatment Plants established by the New Jersey Department of Environmental Protection.
PUBLIC UTILITY FACILITIES
Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; pumping stations, telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility. It does not include transmitting towers.
PUBLIC WATER SUPPLY SYSTEM
A municipality or privately owned system comprising structures which, operating alone or with other structures, result in the derivation, conveyance (or transmission) or distribution of water for potable or domestic purposes to consumers in 20 or more dwellings or properties and designed and constructed in accordance with the Rules and Regulations for the Approval of Public Water Supply Systems and Water Treatment Plants established by the New Jersey Department of Environmental Protection.
PUMP-OUT STATION
A facility that removes sanitary waste from holding tanks of marine sanitation devices on boats and provides proper disposal of same as provided by NJDEP.
QUORUM
The majority of the full authorized membership of a Township agency.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most-efficient use of available technology, natural, human and economic resources.
RECREATIONAL USE
A place designed and equipped for the conduct of sports and leisure-time activities.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven, and primarily designed as temporary living accommodation for recreational, camping and travel use, and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
RELIGIOUS USE
A structure or place in which worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held.
RENEWABLE ENERGY SYSTEM
Any structure or installation, such as a wind turbine, solar collecting array, or geothermal system, which is designed and intended to produce energy from natural forces such as wind, sunlight or geothermal heat.
REPAIR GARAGES
Establishments engaged in general repair, rebuilding, or reconditioning of engines, motor vehicles, and trailers, including bodywork, welding and painting service.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space as an appurtenance.
RESIDENTIAL DENSITY
The number of permitted dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESOURCE CONSERVATION PLAN
A plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
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 material by a landowner.
RESTAURANT
Any establishment where food is commercially sold for on-premises consumption to patrons seated at indoor or outdoor tables or counters.
A. 
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
B. 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETAIL SALES
Establishments engaged in the selling or rental of goods or merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and rendering services incidental to the sale of such goods. It includes but is not limited to groceries, foodstuffs, bakeries, drugstores, packaged liquor sales, gift shops, hardware stores, florists, arts and crafts stores, bookstores and arts and crafts.
RETAINING WALL
A structure erected between lands of different elevations to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
REVERSE FRONTAGE
Access to lots fronting on a major road from an accessory street, rather than a collector street.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use; generally, the right of one to pass over the property of another.
RIGHT-OF-WAY LINES
The lines that form the boundary of a right-of-way.
ROOF
The roof slab or deck with its supporting members, not including vertical supports.
ROOF STRUCTURE
An enclosed structure on or above the roof of any part of a building.
SCS
Soil Conservation Service District.
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity and other natural means as a product of erosion.
SELF-STORAGE FACILITY
A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
SERVICE USES
Establishments providing services, as opposed to products, to the general public for personal or household use, such as hair salons, computer services, dry cleaners, repair of appliances, shoes and the like.
SETBACK
The distance between the street line and the building line.
SETBACK LINE or REQUIRED SETBACK
The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line, whichever would result in the widest right-of-way, and beyond which a building or part of a building is not permitted to extend toward the street line or lot line. For the purposes of this chapter, the language "a building or part of a building" shall be considered to include steps, decks, patios, open and closed porches, HVAC units and similar uses, none of which may be located within a designated setback area.
SHOPPING CENTER
A group of commercial establishments owned and managed as an operating unit. It provides on-site parking in a definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
SIDEWALK CAFE
A restaurant with tables on the sidewalk in front of or on the side of the premises.
SIGHT TRIANGLE
A triangle-shaped portion of land, established at street intersections, 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.
SIGHT TRIANGLE EASEMENT AT INTERSECTION AND/OR DRIVEWAY
A triangular-shaped area established in accordance with the requirements of Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance, in which nothing shall be erected, placed, planted or allowed to grow more than three feet above the center-line grade of either street and/or driveway.
SIGN
Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
SIGN, AREA OF
The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure. In the case of freestanding letters or a sign painted on a window without any border framing or decorative attachments, it shall be the area contained between the highest and lowest points of the letters and the extremity points of the first and last letters. Freestanding letters are those that have no visible means of support.
SILVICULTURE – FORESTRY
The growing and harvesting of trees for commercial purposes, except that the following activities shall not be defined as forestry:
A. 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed.
B. 
Removal of trees directly associated with the use of the property for a nursery, garden center, Christmas tree plantation or orchard.
C. 
Removal of trees directly associated with the development of the property as otherwise authorized by this chapter.
D. 
Removal of trees necessary for the maintenance of utilities on public rights-of-way.
E. 
Removal of trees for the personal use of the property owner.
F. 
Removal of trees for public safety.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, buildings, drives, parking spaces, and walkways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting, and screening devices.
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter and the Subdivision of Land and Site Plan Review Ordinance.[2]
SITE PLAN REVIEW
The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or Zoning Board of Adjustment in accordance with the provisions of the Subdivision and Site Plan Ordinance.[3]
SPECIMEN TREE
Any tree of exceptional size which is listed by the New Jersey Division of Parks and Forestry. A listing of such trees and a map showing their location is maintained at the principal offices of the New Jersey Division of Parks and Forestry.
A. 
Standards adopted by ordinance (N.J.S.A. 40:55D-65d) regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township; or
B. 
Required by applicable federal or state laws or other Township ordinances.
STANDARD SUBSURFACE SEWAGE DISPOSAL SYSTEM
A system for disposal of sanitary sewage into the ground, which meets the standards of N.J.A.C. 7:9A-2.1 et seq., and which is designed and constructed to treat sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid effluent to an adequate disposal field, excluding those systems which utilize a dosing tank or other comparable system to store and deliver doses of septic tank effluent to the disposal field and those systems that utilize sand filtration.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it, and including those basements used for the principal use.
STORY, FIRST
The lowermost story entirely above the grade plane.
STORY, HALF
A space under a sloping roof which occupies no more than 50% of the total floor area of the story directly below.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive and other roadway:
A. 
Which is an existing state, county or Township roadway;
B. 
Which is shown upon a plat heretofore approved pursuant to law;
C. 
Which is approved by other official action;
D. 
Which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of the Planning Board and the grant to such Board of the power to review plats; and
E. 
Which includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE
The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, when adopted, forming the dividing line between the street and a lot. In the case of a street of undefined width, said street line shall be assumed to parallel the center line of the street at a minimum distance of 25 feet therefrom.
STREET LOT LINE
The lot line dividing a lot from a street or other public space.
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
A workshop or educational or instructional facility for activities such as art, music, dance, health, fitness or other similar uses.
SUBDIVIDER
Any individual, firm, association, syndicate, partnership, copartnership, corporation, trust or any legal entity commencing proceedings under Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance, to effect a subdivision of land hereunder for himself or for another with the written consent of the owner.
A. 
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 Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance, 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 this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Township.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBMERGED LANDS
Those lands which are inundated with water throughout the year.
SUBSURFACE INFILTRATION FACILITY
An underground stormwater control facility designed to impound runoff and recharge it into the groundwater.
SWIMMING POOL
A structure artificially constructed in the ground, not fully within a building, which provides recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes.
TEMPORARY STRUCTURE
A structure that is erected without any foundation or footings and is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
TRACT
An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or a reproduction thereof.
TRANSMITTING TOWER
A tall framework or structure, the elevation of which is functional, such as for transmission of radio, television, telephone and similar signals.
UNCONSTRAINED LAND
Vacant and developable land that is suitable for development, including properties planned or approved for development.
USE
The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained.
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.
VARIANCE
Permission to depart from the literal requirements of this chapter.
VEGETATION
Any plant material, including grasses, shrubs and trees.
WALL
A structural member which also serves to separate space.
WAREHOUSING
A building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment.
WATERCOURSES
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, public or private, which are contained within, flow through or border the municipality or any portion thereof.
WET DETENTION BASIN
A detention basin designed to maintain a permanent pool of water below the elevation of the lowest stage of the control structure.
WETLANDS
Those areas where the substrate is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions known as "hydrophytes."
WHOLESALE DISTRIBUTION
A warehouse center for wholesale sales, storage and distribution, including facilities for bulk storage.
WINERY
The production of wine and wine products, and may include activities such as:
A. 
Retail sale of wine and related items;
B. 
A tasting room;
C. 
Wine sales by glass or bottle;
D. 
Wine tastings;
E. 
Tours;
F. 
Wine/food events;
G. 
Wine festivals; and
H. 
Catered events, provided that said activities are specifically authorized by the Planning or Zoning Board.
YARD
An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter.
YARD DEPTH
The shortest distance between a lot line and a yard line.
YARD, FRONT
A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
YARD, GENERAL REQUIREMENTS
As to a front, rear or side yard, easements on adjacent properties shall not be used in order to fulfill the requirements for each such yard.
YARD LINE
A line drawn parallel to a lot line at the distance therefrom equal to the depth of the required yard.
YARD, REAR
A space extending across the full width of the lot between any building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
YARD, REQUIRED
The open space between a lot line and the buildable area within which no structure shall be located except as provided in this chapter.
YARD, SIDE
A space extending from the front yard to the rear yard between any building and the side lot line, measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
ZONING
The reservation of certain specified areas within a community or city for buildings and structures or use of land for certain purposes, with other limitations such as height, lot coverage and other stipulated requirements.
ZONING PERMIT
A document, signed by the Zoning Officer:
A. 
Which may be required by this chapter 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
B. 
Which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefor duly authorized by a municipal agency pursuant to this chapter.
[1]
Editor's Note: See N.J.S.A. 30:5B-16 et seq.
[2]
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
[3]
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.