Township of Lakewood, NJ Article II DEFINITIONS

18-200 Definitions of Terms.

[Amended by Ord. No. 2005-77 § 3; Ord. No. 2006-3 § 2; Ord. No. 2008-12 § 1; Ord. No. 2009-53 § 3; Ord. No. 2010-11 § 1; Ord. No. 2010-32 § 1; Ord. No. 2010-65; Ord. No. 2011-17 § 1; Ord. No. 2012-4 § 1; Ord. No. 2012-16 § 1; Ord. No. 2012-52 § 1; Ord. No. 2013-31 § 1; Ord. No. 2013-51 § 1; Ord. No. 2013-70; Ord. No. 2014-11; Ord. No. 2014-37; Ord. No. 2014-56; Ord. No. 2015-42; Ord. No. 2016-11 § 2; Ord. No. 2017-27; Ord. No. 2017-52 §§ 2, 3]

A. For the purpose of this chapter any words used in the present tense include the future. The singular number includes the plural and the plural the singular; the word "lot" includes the word "Plot; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "use" includes the words "arranged," "designed" and the phrase "intended to be used"; and the word "shall" is always mandatory.

B. The term "such as", where used herein, shall be considered as introducing a typical or illustrative rather than an entirely exclusive designation of permitted or prohibited uses, activities, establishments or structures. As used in this chapter, the following words, terms and phrases shall have the meaning indicated:

ABANDONMENT

The deliberate relinquishment of property or a cessation of the use of a property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

ABUT

To physically touch or border upon; or to share a common property line but not overlap. See Adjoining Lot or Land; Contiguous.

ACCESSORY USE, STRUCTURE OR BUILDING

A use, structure or building that is customarily incidental and subordinate to that of the principal and on the same lot. No accessory use shall form the basis for a claim of right to a principal or main use.

ACCESSORY STRUCTURE, TEMPORARY

A building the use of which is incidental to that of the main building and which is located on the same lot or adjoining lot under the same ownership and shall include but not be limited to tents and canopies used for promotions, religious, educational, church, charity, political and social events, Sukkoth, greenhouses, etc. as defined and permitted under New Jersey State Uniform Construction Code and local zoning ordinances.

ACTIVE RECREATION

Recreational activities which require physical participation including but not limited to sports such as soccer, baseball, softball, tennis, basketball, field hockey, football, lacrosse and street hockey; and facilities including but not limited to playground equipment of all types.

ACUTE CARE FACILITY

A facility providing nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing.

ADDITION

As applied to a building or structure shall mean an enlargement of the original structure by an extension of any side and the original foundation, or by increasing the height. An addition must be served by the same mutual main entrance and be served by the electric, water and sewer of the original building.

ADJOINING LOT OR LAND

A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land. See Abut; Contiguous.

ADMINISTRATIVE OFFICER

The Clerk of Lakewood Township, or any other municipal official designated by ordinance.

ADULT

Persons over the age of 18.

ADVERSE EFFECT

Conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property, property subject to development or off tract property such as, but not limited to; improper circulation and drainage rights of way inadequate drainage facilities; insufficient street widths; unsuitable street grades; unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system; locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace; and, 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.

AFFORDABLE

A dwelling unit for which a household pays, with regard to a sale unit, not more than 28% of the eligible gross monthly income for mortgage payments, property taxes, insurance, and condominium or homeowners' association fees, if any, and with regard to a rental unit, not more than 30% of eligible gross monthly income for all shelter costs including utilities.

AFFORDABLE HOUSING PLAN

The document required to be submitted to and approved by the Planning Board on an application for inclusionary development. The plan should include, at a minimum, the number of low- and/or moderate-income units within the development, their location within the development and their phasing within the development and their adherence to all appropriate regulations of Lakewood Township and the Council On Affordable Housing.

AFFORDABLE UNIT

A housing unit in the Township, the sales or rental of which is established in accordance with this chapter and which shall be occupied by a low- or moderate-income household in accordance with this chapter.

AGENT

One or more persons designated to represent the applicant before either the Planning Board or Zoning Board.

AIRPORT

Any area of land or water, or both, designed and set aside for the landing and taking off of fixed and rotary wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of Transportation as a public use airport or landing strip.

ALLEY

A public or private street primarily designed to serve as secondary access to the side or rear of the properties whose principal frontage is on some other street.

ALTERATION

As applied to a building or a structure shall be a change or rearrangement of the original rooms, facilities, or exterior changes of the original building or structure, which does not increase the footprint of the structure. No Board approval shall be required for any alteration which does not entail a change of use.

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

APPLICANT

Any person or entity submitting an application for any permit or approval pursuant to Article VI. An applicant shall be required to have a legal or equitable ownership interest in the property, this includes a contract purchaser, which is the subject of the application.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision, plan, site plan, planned development, conditional use, zoning variance, permit to build in a mapped area or for a structure not related to a street, or any other use or approval permitted under Article VI.

APPROVING AUTHORITY

The Planning Board, Zoning Board or Governing Body of the municipality, unless a different agency is designated by ordinance, when acting pursuant to the authority of this chapter.

AREA, BUILDING

See Floor Area.

ASSISTED LIVING UNIT (ALU)

A dwelling unit varying in square feet from 200 to 500 square feet that provides a residential living environment assisted by congregate meals, housekeeping and personal services, for persons 55 years of age or older, who have temporary or periodic difficulties with one or more essential activities of daily living, such as feeding, bathing, dressing or mobility. ALU's shall be located in a facility that may include accessory uses including dining rooms, bathing areas, common areas, offices and other space necessary to provide above services. The definition of ALU shall include any partially assisted and fully assisted living units.

ATTIC

The unfinished space between the ceiling assembly and the roof assembly.

[Ord. No. 2017-27 § 1]

ATTIC, HABITABLE

An attic that has a stairway as a means of access and egress, and in which the ceiling area at a height of seven feet above the attic floor is not more than 1/3 the area of the next floor below.

[Ord. No. 2017-27 § 1]

AUTOMOBILE REPAIR SERVICES

General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including bodywork, welding, painting service and upholstering service.

AUTOMOBILE TRAILER, MOBILE HOME, TRAILER COACH OR TRAILER

Any vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons or the conduct of any business or profession, occupation or trade (or use as a selling or advertising device), and designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, excepting devices used exclusively upon stationary rails or tracks.

AWNING

A roof-like cover that projects from the wall of a building for the purpose of shielding an entrance, walkway, doorway or window from the elements. For purposes of determining if setback requirements are met, setbacks are measured from the end of the awning. Retractable awnings are exempt from the setback requirements.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BASEMENT

That portion of a building that is partly or completely below grade. A basement may contain bedrooms if it is constructed in accordance with the requirements of all applicable construction codes.

BASKETBALL COURTS

An accessory use to a residential home, not to be installed closer than five feet to the side and rear property lines, not permitted within the front yard setback. Lighting must conform to Township requirements and be properly shielded so as not to disturb adjacent properties. Electrical permits must be obtained for any proposed lighting. Approval is required from the Township Engineer if substantial grading changes are proposed, otherwise no permit is required. If the basketball court does not meet the above requirements, Board approval is required.

[Ord. No. 2015-42]

BEDROOM

A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom.

BICYCLE-COMPATIBLE ROADWAY

Means a road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

BICYCLE PATH

Means bikeway physically separated from motorized vehicular traffic by an open space or barrier, and either within the highway right-of-way or within an independent right-of-way or easement.

BIKEWAY

Means any road, path, or way in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.

BLOCK

An area bounded by streets.

BOARD

For the purpose of this chapter the term Board shall mean both the Planning Board and Zoning Board of Adjustment.

BUFFER

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of trees, shrubs or other landscaping and/or berms, designed to continuously limit the view or control other impacts of the site from adjacent site, properties or roadways.

BUFFER LANDSCAPING

Landscaping, including permitted fencing, placed within designated buffers.

BUILDABLE AREA

The central portion of any lot lying inward from all required setback lines.

BUILDING

Any structure having a roof supported by columns, piers or walls including trailers permitted by ordinance not including a deck.

BUILDING AREA

The area covered by a building and defined by the intersection of a horizontal plane at average grade level and the vertical planes which coincide with the exterior surfaces of the building. In case of a section of a building which is cantilevered, the exterior surface of the most projected area is used to determine the area. This area does not include steps.

BUILDING COVERAGE

The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, excluding decks and porches of all principal and accessory buildings on a lot to the total lot area.

BUILDING HEIGHT

The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof deck, to the deckline of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

BUILDING INSPECTOR

The individual designated by the appointing authority to enforce the provisions of the building code. Also referred to as the construction official.

BUILDING LINE

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or a deck, the vertical place will coincide with the most projected surface. All yard requirements are measured to the building line.

BUILDING SEPARATION

The distance between two buildings measured from the face of the outer walls. Minor architectural features such as chimneys, roofs, overhangs, decks and window bays shall not be considered the face of a building, provided that such features do not extend more than six feet into the minimum building separation area (measured from the face of the foundation wall). Overhangs and window bays shall not be considered the face of a building, provided that such features do not extend more than 30 inches into the minimum building separation area (measured from the face of the foundation wall).

BUSINESS, RETAIL

An establishment with the set purpose of selling commodities or goods in typically to the public.

BUSINESS, WHOLESALE

An establishment with the set purpose of selling commodities or goods in large quantities typically for resale.

CANOPY

See Awnings.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CARTWAY

That area of a street within which vehicles are permitted, including travel lanes and parking areas but not including, curbs, sidewalks or swales.

CERTIFICATE OF OCCUPANCY

A document issued by a governmental authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all the applicable municipal codes and ordinances.

CERTIFICATE OF OCCUPANCY (TEMPORARY)

A certificate of occupancy issued for a temporary and specified period of time.

CHURCH OR ANY HOUSE OF WORSHIP

A building or group of buildings including customary accessory buildings, parish houses, mikvah and Sunday school buildings designed or intended for public worship, or religious services. For the purpose of this chapter, the words "Church, or any house of worship" shall include chapels, synagogues, cathedrals, temples and similar designations as well as parish houses, and such accessory uses.

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.

CLEAR SIGHT DISTANCE

A line of unobstructed vision from a point three and three quarters (3 3/4) feet above the center line of a street to a point six inches above the same center line.

CLEAR SIGHT TRIANGLE

A triangular area at a street intersection with another street, alley, or driveway where vision from an automobile is unobstructed, formed by the intersecting street lines and a line drawn between points on the street center lines located a required distance in feet from the intersection of the center lines.

CLUSTER OR CLUSTERING

Cluster or clustering refers to a more compact form of development that would otherwise not be permitted under conventional zoning standards. Under the clustering provision, traditional bulk and area requirements are relaxed to allow a concentration of dwelling units on a portion of the site while preserving undeveloped space elsewhere on the site as long as the density of dwelling units number of dwelling units constructed is not increased from what would have otherwise been permitted on the site. All Cluster Development shall be designed in accordance with § 18-904.

COMMERCIAL BILLBOARD

An advertising sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental of space thereon to a clientele of manufacturing, service or commercial enterprises, upon which space is displayed, by means of painting, posting or other means, advertising copy describing products or services which are not made, produced, assembled or sold from the premises on which the advertisement is displayed.

COMMERCIAL OFFICE PARK

An integrated development of retail commercial buildings and office buildings on four or more lots under common ownership of control, together with such other primary.

COMPLETED APPLICATION

Where required, all application fees, all escrow deposits shall be paid in full, and all checklist requirements shall have been complied with, unless waived by the reviewing board, in order for an application to be deemed complete.

COMMON PROPERTY

A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon and designed and intended for the ownership, use and enjoyment shared by the residents and owners of a development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

COMMUNITY BASED HEALTH CARE FACILITIES

Any facility operated by a public or non-profit entity whose purpose is to provide health related services such as medical care, health and social service counseling, medical testing or similar services.

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, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" N.J.S.A. 26:2H-1 et seq. In the case of such community residence housing mentally ill persons, such a 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 New Jersey Department of Human Services. See Developmentally Disabled Person and Mentally Ill Person.

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES

Means a community residential facility licensed pursuant to P.L. 1977, c.448 (C.30:IIB 1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to - Group homes, halfway houses, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L. 1971, c. 136 (C.26:2H 1 et seq.).

COMMUNITY RESIDENCE FOR THE TERMINALLY ILL

Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.

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 the New Jersey Department of Human Services, pursuant to N.J.S.A. 30:40-1-14, providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been the 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 a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization by the Planning Board.

CONGREGATE CARE FACILITIES

A congregate care facility may include residential units and common dining facilities, recreational activities, and other accessory uses for the exclusive benefit of its residents, regulated by N.J.A.C. 8:33H and 8:36-1 et seq.

CONSTRUCTION OFFICIAL

See Building Inspector.

CONSERVATION AREA OR CONSERVATION EASEMENT

A designated area of land or water which is intended to be preserved and managed for the protection of its natural resources, and where appropriate, opened to the public for passive enjoyment of natural resources.

CONTIGUOUS

Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous. See Abut; Adjoining Lot or Land.

CONTIGUOUS CLUSTER

A contiguous area to be developed as a single entity according to a plan containing a section or sections to be developed for residential purposes, nonresidential purposes, or a combination thereof, at a greater concentration of density or intensity of land use than authorized within the section or sections under conventional development, in exchange for the permanent preservation of another section or other sections of the area as common or public open space, or for historic or agricultural purposes, or a combination thereof.

[Ord. No. 2017-52 § 3]

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)

A facility which has a primary purpose of providing housing and continuing care for people 55 years of age or older or where either the husband or wife is 55 years of age or older, and consists of independent apartment units, assisted living units, skilled care nursing units and/or CCRC Accessory Uses all as defined herein and as regulated by N.J.S.A. 52:27D-330 through 357, known as the Continuing Care Retirement Community Regulation and Financial Disclosure Act. For purposes of this chapter, "continuing care" means the provision of lodging, nursing, medical or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges to an individual who is 55 years of age or older or where either the husband or wife is 55 years of age or older.

CONVENIENCE COMMERCIAL

Uses and facilities designed to serve residents in its immediate vicinity.

CONVENIENCE STORE

A retail establishment typically offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

CONVENTIONAL DEVELOPMENT

A development other than planned development.

COVERAGE

a. BUILDING COVERAGE The building area covered by all permanent buildings on a lot, expressed as a percentage of the total lot area.

b. IMPERVIOUS LOT COVERAGE The building coverage plus the area of paved surfaces which cover a lot such as: required parking spaces and necessary maneuvering areas, passageways/driveways giving access thereto, services areas, access ways, streets, walkways, patios, pools and plazas.

CUL-DE-SAC

A residential street with access closed at one end by a vehicular turn around.

CURB LEVEL

The average level of the curb in front of the lot.

DAY CARE CENTER

A licensed, principle use for the purpose of providing custodial care of persons, for a period not to exceed 18 hours within a single day in return for the payment of tuition, fees, or other compensation. Day care may include care of either children or adults who are unable to care for themselves because of diminished capabilities. See Family Day Care Home.

DAYS

Calendar days.

DECK

A permanent construction, usually of wood, and either free-standing or connected to a building, having no roof and supported by pillars or posts.

DENSITY, GROSS

The permitted number of dwelling units per gross acre of land on a particular tract.

DETENTION BASIN

A man-made or natural storm water management collector facility designed to collect surface and sub-surface 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 a proposed development including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, 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.

DEVELOPMENT REGULATION

A Zoning, Subdivision, Plan, Unified Development Ordinance, or other Township regulation of the use and development of land, or amendment thereto.

DISTRIBUTION FACILITIES, WHOLESALE OR RETAIL

An establishment involving:

[Added 3-4-2021 by Ord. No. 2021-19]

a. Receiving, storing, assembling, shipping, distributing, preparing, and selling products and materials, whether directly to consumers or to resellers;

b. Exterior and interior parking, storage, and use (including driving into and through the building for loading and unloading and parking inside the building) of automobiles, trucks, machinery and trailers, including outdoor loading and unloading and vehicle parking and storage;

c. Storage of products;

d. Office use; and

e. Ancillary and related uses for any of the foregoing, all on a twenty-four-hour, seven-days-per-week, fifty-two-weeks-per-year basis.

DRAINAGE

The removal of surface water or ground water from land by drains, grading or other means as retention or detention basins and includes 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 RIGHT-OF-WAY

The lands required for the installation of storm water sewers or drainage ditches or 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 in accordance with Chapter One of Title 58 of the New Jersey Statutes Annotated.

DWELLING

A building having one or more rooms providing living and sanitary facilities for one family including equipment for cooking or provisions for the same; provided, however, that trailers or campers as defined herein shall not be or be considered as buildings or dwellings within the scope of this chapter. Dwellings shall include but not be limited to the following types:

a. GARDEN APARTMENT A dwelling unit which is designed for, and occupied exclusively as, the residence of one housekeeping unit. Garden apartments may have other dwellings intended for occupancy by one housekeeping unit above or below, or adjacent to them in the same building.

b. MULTI-FAMILY DWELLING two or more dwelling units located within a single building, with a private entrance to each dwelling unit.

c. SINGLE-FAMILY DETACHED DWELLING 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.

d. TOWNHOUSE A dwelling which is designed for, and occupied exclusively as, the residence of one housekeeping unit. That is attached by means of one or more common fire walls to two or more other townhouse dwellings in the same building and each townhouse is intended for occupancy by one housekeeping unit. Townhouse dwellings may not have any other dwellings above or below them within the same building. Townhouse buildings must exclusively consist of units that do not have any other dwellings above or below any of the individual units. Any unit in excess of two units that does not meet the "Townhouse" definition shall be considered a multi-family dwelling.

e. TWO-FAMILY DWELLING A building on a single lot containing two dwelling units, one unit above the other, each of which is totally separated from the other by an unpierced ceiling and floor extending from exterior wall to exterior wall with a common stairwell exterior to both dwelling units and having separate private entrances to each dwelling unit.

f. DUPLEX A building on a single lot containing two side-by-side only dwelling units with fronts staggered by not more than three feet, each of which is totally separated from the other by an unpierced wall extending from ground to roof with both dwelling units and having separate private entrances to each dwelling unit. The entrances for both dwelling units must face a public street. Front-to-back dwelling units are not considered to be a duplex.

EASEMENT

A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to P.L. 1968, c. 245 (C. 40:56A-1 et seq.).

EROSION

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

ESSENTIAL SERVICES

Underground gas, electrical, telephone, telegraph, sanitary sewer collection systems, or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables, and normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other government agencies for the public health or safety or general welfare. Essential services shall not be deemed to include wireless telecommunications towers and antennas.

FAA

The Federal Aviation Administration.

FACADE

The total wall surface, including door and window area, of a building's principal face.

FAMILY

One or more persons living as a single non-profit housekeeping unit, doing their own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond.

FAMILY DAY CARE HOME

An accessory use provided in a private residence approved by the New Jersey Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three nor more than five children for a period of time no less than 15 hours per week nor more than 18 hours within a single day. The limitation on the number of children for whom day care services is provided shall not include children who are (a) Legally related to the service provider or (b) Who are being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents where no payment for the care is being provided. See Day Care Centers.

FARM

A tract of land at least five acres in size 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 fodder.

FARMING

Agricultural activity or the raising of livestock, poultry or small animals as a major source of income.

FARMHOUSE

Dwelling on farm property qualifying for farm land assessment and housing the owner or operator of said farm.

FAST FOOD OPERATIONS

A business establishment where food and drink are sold ready for consumption and where customers consume the food and drink either inside or outside the confines of the establishment.

FENCE

A vertical enclosure, solid or partially open, to prevent straying from within or intrusion from without and to provide visual screening or privacy.

FINAL APPROVAL

The official action of the Reviewing 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 the subdivision that is presented to the Planning/Zoning Board of Adjustment Board for final approval in accordance with this chapter and which if approved shall be filed with the proper County Recording Officer.

FINANCIAL INSTITUTIONS

Any establishment wherein business of primarily a financial nature is transacted, such as; banks, savings and loans, mortgage companies and similar institutions.

FLAG LOT

A lot with building area which fronts upon an access strip rather than on or abutting a public street or road, and with access thereto over, upon and across a private access drive within the access strip.

FLOOD FRINGE AREA

The portion of the flood hazard area outside of the floodway.

FLOOD HAZARD AREA

Land in the flood plain subject to a one (1.0%) percent or greater chance of flood in any given year.

FLOODPLAIN

The area adjoining any natural stream and including any water or drainage course or body of water subject to periodic flooding or overflow based on the 100 year or 1% flood.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100 year flood without cumulatively increasing the water surface elevation more than one foot at any point.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. In particular, the floor area of a building shall include:

a. Basement and cellar space (whether or not a floor has actually been laid; however, just the area directly under a headroom of seven feet or more).

b. Stairwells.

c. Attic space which may be considered a floor/inhabitable as per appropriate state/federal regulations.

d. Enclosed porches.

e. Garage Spaces.

However, the floor area of a building shall not include uncovered steps/porches, terraces, breeze ways and open spaces.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures, as defined under floor area above, compared to the total area of the site.

GARAGE, PRIVATE

A private residential garage with no commercial occupation or use, with a maximum of three bay doors. Garages may be attached or detached, however detached garages shall be a maximum of one story with a maximum height of 16 feet. Detached garages must conform to accessory building setback requirements. Attached garages must conform to principal building setback requirements. Zoning and building permits are required for garages. If the garage does not meet the garage definition, Board approval is required.

[Ord. No. 2015-42]

GARAGE, PUBLIC OR COMMERCIAL

A building or space other than a private garage, for the storage of motor vehicles exclusively or for the storage of motor vehicles at which filling station service, sales of accessories or repairs, other than body or collision repairs and appointing and refinishing, are permitted. This term does not include motor vehicle show rooms for new or used motor vehicles.

GENERAL DEVELOPMENT PLAN

A comprehensive plan for the development of a planned development as provided in N.J.S.A. 40:55D - 45.1 et seq.

GOLF COURSE

A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse and shelter.

GOVERNMENT AGENCY

Any department, commission, independent agency or instrumentality of the United States of America, of a State, County, incorporated or unincorporated municipality, township, authority, district or other governmental unit.

GRADE

The slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.

GROSS RESIDENTIAL AREA

Land devoted to residential buildings and accessory uses on the same lot, such as informal open space, drives and service areas and including land for streets, parks, playgrounds and non-residential buildings incidental to the residential area as a whole.

GROSS RESIDENTIAL DENSITY

The number of dwelling units per gross residential acre.

HISTORIC SITE

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.

HOME OCCUPATION

A business, including child care, profession, occupation, or trade, conducted for gain or support and located entirely within a residential building, which use is accessory, incidental, and secondary to the use of the building for a dwelling and does not change the essential residential character or appearance of such building.

HOSPITAL

An institution in a building or a series of buildings providing in-patient public health services primarily for medical or surgical care of the sick or injured and including related facilities, such as out-patient and emergency departments, conference, training, diagnostic and central service facilities, cafeteria, gift shop, pharmacies, administrative and staff offices and employee day care, which are integrated with the hospital facilities or complex,

HOTEL OR RESORT HOTEL

A hotel is a place of lodging that provides temporary sleeping accommodations and supporting facilities that may include, but not be limited to, a lobby, full-service restaurant, cocktail lounges, meeting rooms, banquet facilities, and convention facilities. It typically provides a swimming pool or another recreational facility such as a fitness room.

[Amended 11-14-2019 by Ord. No. 2019-50]

HOUSEHOLD

A family living together in a single dwelling unit, with common access to and common use of all living, sanitary and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.

HOUSEKEEPING UNIT

One or more persons living together in one dwelling unit on a non-seasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.

IMPERVIOUS SURFACE

A surface that has been covered by buildings, structures or compacted or covered with a layer of materials so that it is highly resistant to infiltration by water.

INTERESTED PARTY

Any person, whether residing within or outside the Township, whose right to use, acquire, or enjoy property is, or may be, affected by actions taken under this chapter or whose rights to use, acquire, or enjoy property under this chapter have been denied, violated or infringed by an action or a failure to act under this chapter.

JUNK

The term junk shall mean any one or more or accumulation of one or more of the following items:

a. Old iron, glass, paper or cordage in such a state of disrepair, uselessness, age and condition as to be not readily usable for the purpose for which it was originally intended, or not usable after further treatment or processing so as to form or structure or in such condition as to be considered worthless trash or not reasonably restorable to its original use because the cost of restoration would greatly exceed the market value of the item when restored.

b. An automobile which because of age, lack of maintenance, general condition or partial or complete demolition is in such condition as to be inoperable, unfit to be reasonably restored for highway transportation because of the degree of damage or the fact that the cost of restoration would greatly exceed the market value therefor or motor vehicles which are unfit for reconditioning for registration and use for highway transportation.

c. Used, damaged or broken parts of motor vehicles or materials from motor vehicles, the sum of which parts or materials shall be equal in bulk to one or more motor vehicles.

d. Household appliances, motors, furniture or furnishings or pieces of industrial or manufacturing equipment, which are broken or in such state of disrepair as to be unusable without additional work being performed or additional parts being provided or added, except as located within a store or shop specifically engaged in the repair of such items.

e. One or more used automobile tires that are in such condition as to be unsafe for use on a motor vehicle or for resale as used automobile tires capable of being placed upon and used on motor vehicles for highway transportation.

f. One or more items of machinery, equipment or parts thereof that are unusable for the purpose for which they were originally intended without repairing, reconditioning or re-manufacturing to such extent as to be in excess of the reasonable market value of the equipment, machinery or parts.

g. Used building materials, parts of building, piping, electrical wiring or other materials of any nature whatsoever that are not reasonably marketable for use or re-use for the purpose for which they were originally processed or manufactured or not readily adaptable for any other use due to their condition, state of disrepair or due to the fact that reconditioning or reuse or use of the items would exceed the reasonable value of the item.

If the condition of any item is such that it is inoperable or dismantled, broken, in a state of disrepair or not readily adaptable for other use, the burden of proof of market value shall be on the owner.

JUNK YARD

Shall mean and include the business of buying, selling or storing junk; keeping a place for the storage or deposit of junk; possession of junk for sale or re-sale of junk or parts therefrom. This definition shall also apply to and include yards and portions of yards used for the storing of motor vehicles or machinery or parts of either for the purpose of obtaining parts therefrom for the repair or replacement on motor vehicles.

Junk yard shall also apply to the entire area of the premise on which junk is kept or any warehouse, garage or storage building on the premises except that portion specifically designated on the application for license as for use other than for storage of junk.

Junk yard shall also be inclusive of any place where automobile demolition is carried on as a business, or where dismantling of automobiles or removal of parts therefrom other than for the purpose of replacement or repair of the part removed is carried on. If an automobile is dismantled or a part removed for replacement or repair, the automobile shall, if not repaired and restored to operative condition within 15 days, be classified for the purpose of this chapter as a junk automobile and must be removed to and stored upon the premises of a licenses junk yard or within an enclosed garage until proper parts area available for complete restoration and repair.

KENNEL

Any structure, premises, or refuge wherein or whereon the business of boarding or selling, or breeding of animals is carried on; included shall be such establishments as animal shelters and animal hospitals.

LAND

Real property including improvements and fixtures on, above or below the surface.

LANDOWNER

The legal or beneficial owner(s) of land, the holder(s) of an option or contract to purchase or other person(s) having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of this chapter.

LANDSCAPE AREA

An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture and furniture, signs, lighting, access ways, bikeways and pedestrian walkways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angles to the lot line.

LIVING SPACE

A potentially habitable area within a dwelling unit.

LOADING SPACE

A space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with 15 feet of vertical clearance.

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

An area which is determined by the limits of the lot lines bounding that area, and is always expressed in terms of square feet or acres. Any portion of a lot included in a public or private right of way shall not be included in calculating lot area.

LOT, CORNER

A lot or parcel of land abutting on two or (2) more intersecting streets when the interior angle of intersection does not exceed 135 degrees. Each corner lot shall have two front yards, a minimum of one side yard and one rear yard.

LOT DEPTH

The mean distance measured from the front lot line to the rear lot line.

LOT FRONTAGE

That side of a lot abutting on a street; the front lot line. This definition shall apply to all lots, including, but not limited to, odd shaped lots, triangular lots and lots having curved or irregular front lines.

LOT, INTERIOR

A lot other than a corner lot.

LOT SIZE

The total horizontal area included within the lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as a right-of-way.

LOT WIDTH

The mean horizontal distance between the side lot lines measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line; however; the mean width shall not be less than the required lot width.

LOW-INCOME HOUSEHOLD

A household earning between 0% and 50% of the regional median income established by the Council on Affordable Housing for the geographic area in which Lakewood Township is located, as adjusted for household size.

LOW-INCOME UNIT

Housing affordable, according to Federal Department of Housing and Urban Development or other recognized standards, for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income set by applicable state and federal standards.

MAINTENANCE GUARANTY

Any security which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit and cash, as more specifically addressed in § 18-401 of this chapter.

MAJOR SITE PLAN

Any site plan not classified as a minor site plan.

MANUFACTURING

The treatment or processing of raw materials and the production of articles of finished products from raw or prepared materials by giving them new forms or qualities. Also, an activity which involves the fabrication, reshaping, reworking, assembly or combining of products from previously prepared materials and the synthesis of chemical or chemical products or the processing of any raw materials. Light manufacturing includes light industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly, milling or forge activities.

MASTER PLAN

The Master Plan for the Township of Lakewood as adopted by the Lakewood Township Planning Board in accordance with N.J.S.A. 40:55D-28.

MEAN ELEVATION

The average of the ground level measurements computed at the four extreme corner points of any existing or proposed building.

MIKVAH

A ritual bathhouse used in accordance with religious ceremonies.

MINIMUM TRACT SIZE

The minimum amount of the gross acreage of the entire tract prior to any subdivision or development.

MINOR SITE PLAN

A minor plan shall be as specified herein and an applicant may prepare a minor plan application drawn according to the standards and conditions specified in this chapter. A minor site plan shall be a site plan which entails an addition of less than 1,500 square feet. Additions on houses of worship measuring less than 1,500 square feet shall be exempt from the site plan requirements as long as all applicable bulk, setback, parking and buffering requirements are met.

MIXED-USE DEVELOPMENT

A grouping of retail and commercial businesses, hotels, financial institutions and personal service establishments, and residential uses on a single site; planned and constructed as an integrated entity with on-site customer, employee, and residential parking. Such developments must be designed for goods delivery separated from customer and residential access with aesthetic considerations, as well as provide adequate traffic calming and address other vehicular and pedestrian design considerations necessary for the proposed uses. Mixed-use development shall include multiple uses, including both residential and commercial uses, but may include individual buildings as part of the overall mixed-use development that contain solely commercial uses, mixed-use buildings consisting of residential and commercial uses, and residential buildings consisting solely of residential uses.

MIXED-USE MID-RISE DEVELOPMENT

A grouping of retail business, office buildings, personal service establishments, and residential uses on a single site planned and constructed as a total entity with on-site customer, employee, and resident parking designed for goods delivery separated from customer and residential access with aesthetic considerations.

MIXED-USE MULTIFAMILY DEVELOPMENT

A grouping of retail and commercial businesses, financial institutions and personal service establishments, and residential uses on a single site; planned and constructed as an integrated entity with on-site customer, employee and residential parking. Such developments must be designed for goods delivery separated from customer and residential access with aesthetic considerations, as well as provide adequate traffic calming and address other vehicular and pedestrian design considerations necessary for the proposed uses.

MIXED-USE TOWNHOUSE DEVELOPMENT

A grouping of retail and commercial businesses, hotels, financial institutions and personal service establishments, and residential uses on a single site; planned and constructed as an integrated entity with on-site customer, employee, and residential parking. Such developments must be designed for goods delivery separated from customer and residential access with aesthetic considerations, as well as provide adequate traffic calming and address other vehicular and pedestrian design considerations necessary for the proposed uses.

MOBILE HOME PARK

Any park, trailer park, trailer court, court, camp, site, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any trailer coach or trailer coaches and upon which any trailer coach or trailer coaches are parked, and includes all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the mobile home park and its facilities or not. Mobile home parks shall not include automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

MODERATE-INCOME HOUSEHOLD

A household earning between 50% and 80% of the regional median income established by Council on Affordable Housing for the geographic area in which Lakewood Township is located, as adjusted for household size.

MODERATE-INCOME UNIT

Housing affordable according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income as defined by applicable state and federal regulations.

MOTEL

A structure or group of structures which provide sleeping rental units for temporary occupancy, in which each rental unit has a private entrance direct to the outside and in which each rental unit has its own sanitary facilities.

MUNICIPAL AGENCY

The Planning Board, Board of Adjustment or Governing Body, or any agency created by or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D 1, et seq.

MUNICIPAL RESIDENT

A person who is domiciled in the municipality.

NONCONFORMING LOT

A lot which in its area, dimension, or location of, does not conform to the regulations of the chapter for the district in which it is located.

NONCONFORMING STRUCTURE

A structure which in its size, design, or location upon a lot does not conform to the regulations of the chapter for the district in which it is located.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district by which it is located by reasons of such adoption, revision or amendment.

NONCONTIGUOUS CLUSTER

Noncontiguous areas to be developed as a single entity according to a plan containing an area, or a section or sections thereof, to be developed for residential purposes, nonresidential purposes, or a combination thereof, at a greater concentration of density or intensity of land use than authorized within the area, section, or sections, under conventional development, in exchange for the permanent preservation of another area, or a section or sections thereof, as common or public open space, or for historic or agricultural purposes, or a combination thereof.

[Ord. No. 2017-52 § 3]

NURSING HOME

An extended or intermediate care facility licensed or approved in accordance with the requirements of the State of New Jersey to provide full time convalescent or nursing care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

OBLIGOR

One that places himself under a legal obligation.

OCCUPANCY

Shall mean any one or more of the following:

a. The actual physical occupancy by living thereon or therein by any person.

b. Placing on or storage therein of any furniture, furnishings, personal belongings, merchandise, tools or equipment used in a person's trade, business or profession or any other indicia or intent to occupy or use the lands or building in question as contrary to merely permitting the land or building to exist in a totally unused state.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article 5 of the Municipal Land Use Law.

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 within a contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE

An interior or exterior storage area for a motor vehicle that is accessible from 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 on the closest half of the abutting street or right-of-way.

ON-SITE

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

ON-TRACT

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

ON-STREET PARKING SPACE

A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

OPEN SPACE

An unoccupied space on the same lot with a principal or accessory building.

OPEN SPACE, COMMON

A parcel or parcels of land or an area of water, or a combination of land and water within the site designated, designed and intended for the use or enjoyment of residents and owners of a development. Common open space excludes land areas within the rights-of-way of streets to be located within a Development unless exclusively designed for access to open space. A legally constituted organization of the property owners with authority to place liens on property shall be formed for the maintenance of the common areas and facilities, or this common open space may be deeded to the Township if accepted by the Township for use by all residents of the Township.

OPEN SPACE ORGANIZATION

An incorporated, non profit organization operating in a planned development under recorded land agreement through which (a) each owner is automatically a member; (b) each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township; and (c) each owner and tenant has the right to use the common property.

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having a proprietary interest in the land sought to be subdivided.

PARKING SPACE

An area provided for the parking of one motor vehicle.

PASSIVE OPEN SPACE OR PASSIVE RECREATION AREAS

An unimproved area of land which may include: water set aside, dedicated, designated, or reserved for public or private use and enjoyment which utilizes and depends on the natural environment and requires no modifications of the environment other than to provide access or reserved for public or private use and enjoyment which utilizes and depends on the natural environment and requires no modifications of the environment other than to allow access. It permits such low impact uses as hiking, fishing, canoeing, nature study, horseback riding, and bicycling. Passive open space typically includes wooded areas, streams, lakes, and other varieties of natural vegetative areas.

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PERVIOUS SURFACE

Any surface that permits a significant portion of surface water to be absorbed.

PLAT

The map of a subdivision.

PERFORMANCE GUARANTY

Any security which may be accepted by a municipality, including cash, provided that the municipality shall not require more than 10% of the total performance guaranty in cash in accordance with N.J.S.A. 40:55D-53 et seq.

PERSON

Includes persons, partnership, firm, company, corporation, tenant, owner, lessee or licensee, their agents, heirs or assigns.

PHASE

A portion of a site plan or subdivision as shown on the plans and application.

PLANNED AFFORDABLE RESIDENTIAL DEVELOPMENT

A private residential community developed by a nonprofit housing development entity and comprised of various housing types and accessory uses, intended for and restricted to low- and moderate-income households. The form of ownership for the dwelling units in a residential development may be fee simple, condominium, cooperative, rental or any combination thereof.

PLANNED COMMERCIAL DEVELOPMENT

An area of a minimum contiguous or noncontiguous size as specified by ordinance 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 and other uses incidental to the predominant use as may be permitted by ordinance.

[Ord. No. 2017-52 § 3]

PLANNED DEVELOPMENT

A planned development is a planned unit development, planned unit residential development, contiguous cluster or noncontiguous cluster, planned commercial development or planned industrial development.

[Ord. No. 2017-52 § 2]

PLANNED EDUCATIONAL CAMPUS

An educational campus containing less than 100 acres of a not for profit institution of higher education that is a not for profit entity that is fully accredited and licensed by the Office of the Secretary of Higher Education of the State of New Jersey and one that offers both undergraduate and graduate degrees and is devoted to higher education and no other forms of education and that contains housing and accessory uses proportionate to the educational facilities intended for only for faculty and students who will attend or staff the institution's educational facilities and that is adjoining to or within 500 feet of faculty and student housing so as to create a unified campus setting. The land and all structures including dwelling units shall be owned and developed only by the institution of higher education and not by or in partnership or in other arrangement with any investor group, construction company, a not for profit entity or any other third party. The occupancy of the residential uses in the institution of higher education must be limited to: (a) students, faculty or staff of the institution of higher education, or (b) the immediate families of faculty, staff or students.

PLANNED INDUSTRIAL DEVELOPMENT

A planned industrial development is an area of minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

[Ord. No. 2017-52 § 2]

PLANNED UNIT DEVELOPMENT

An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more contiguous clusters or noncontiguous clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.

[Ord. No. 2017-52 § 3]

PLANNED UNIT RESIDENTIAL DEVELOPMENT

An area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more contiguous clusters or noncontiguous clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.

[Ord. No. 2017-52 § 3]

PLANNING BOARD

The Planning Board of Lakewood Township.

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 APPROVAL

The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision and site improvements that is submitted to the Township for consideration and preliminary approval and meeting the requirements of § 18-604 of this chapter.

PRINCIPAL BUILDING OR USE

A building or buildings in which is conducted the main or principal use of the lot on which said building is situated or the open land of which such use is made or upon which such activity is carried out.

PROFESSIONAL

The term professional means any person or entity whose principals are required to be licensed by New Jersey law and who supply legal representation, engineering services, planning services, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which such individuals practice.

PROFESSIONAL OFFICE

The office of a member of a recognized profession or occupation, including architects, artists, authors, counselors, social workers, dentists, doctors, lawyers, planners, veterinarians, clergy, musicians, optometrists, engineers, realtors and similar professions and occupations.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; and other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC PURPOSE USES

The use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

PUBLIC STREET

Any improved street located within an existing, proposed or former Township Right of Way, comprised of pavement and may include gutters, curbs and sidewalks.

PUBLIC WATER AND PUBLIC SEWERAGE

Centralized municipal or municipally operated water and sewerage system, or water and sewerage system franchised or approved by the Township in accordance with the Township sewer and water plan. "With sewer and water" as used in this chapter means that public water and public sewerage shall be provided in order for the use to be permitted in the zone district.

QUORUM

The majority of the full authorized membership of any agency.

REGIONAL SHOPPING CENTER

A unified development of stores, shops or other commercial establishments, together with areas for internal circulation, parking and other accessory uses consisting of one or more lots under the same or separate ownership, and having therein a building or group of buildings containing not less than 600,000 square feet of net floor area.

RESEARCH LABORATORY

A building or group of buildings in which are facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

RESIDENTIAL SITE IMPROVEMENT STANDARDS (RSIS)

As promulgated by the New Jersey Department of Community Affairs in N.J.A.C. 5:21-1 through 8.

RESTAURANT

A business establishment whose principal business is the selling of unpackaged food to the customer in a ready to consume state, or in non disposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

RESTAURANT, DRIVE IN

Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools, tables or bars outside the building or primarily for consumption in automobiles parking on the premises whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.

RESTAURANT, FAST-FOOD

An establishment which may have a drive-in/walk up window that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers.

RESUBDIVISION

(1) 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 (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made or approved or recorded according to law, but does not include conveyances as to combine existing lots by deed or other instrument.

RETENTION BASIN

A man-made or natural stormwater management collector facility designed to collect surface water and to retain some or all of the water that drains into it.

REVERSE FRONTAGE LOT

A lot which fronts upon two parallel streets, and is not accessible from one of the parallel streets. Reverse frontage lots shall have one front yard, one rear yard and two (two) side yards. (See § 18-805G)

REVIEWING BOARD

The Planning Board or Board of Adjustment, whichever Board has jurisdiction over the particular application.

RIGHT-OF-WAY

The land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery.

SEDIMENTATION

The deposition 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.

SELF-SERVICE STORAGE

A warehouse type structure containing relatively small storage spaces usually of varying sizes, which are leased or rented individually. Individuals are typically permitted to access their storage spaces directly without appointment during business hours. Also known as mini-warehouses.

SENIOR CITIZEN

A person 55 years of age or older. For the purposes of this chapter a senior citizen is considered a person 48 years of age or older.

SETBACK

The required minimum horizontal distance between the building line and the related front, side or rear property line.

SHADE TREE COMMISSION

An advisory commission established pursuant to applicable law, which among its duly authorized responsibilities is the review of Tree Protection Management Plans submitted to the Reviewing Board in accordance with § 18-803H of this chapter.

SHED

A 1-story accessory building for the storage of incidental items, with a maximum building footprint of 200 square feet and a maximum height 12 feet and may be placed up to five feet off the side and rear property lines. Sheds are prohibited within the front yard setback. Zoning and/or building permits are required. If the structure does not meet the shed definition, Board approval is required.

[Ord. No. 2015-42]

SHOPPING CENTER

A grouping of retail business, service uses, houses of worship or offices on a single site planned, constructed and managed as a total entity with customer and employee parking provided on site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

SIGHT EASEMENT AT INTERSECTION

A triangular shaped area established at intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.

SIGN

Any object, device, display or structure or part thereof, situated outdoors or indoors, visible from the street, public right-of-way or other public facility, 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, design, symbols, fixtures, colors, illumination or projected images.

SIGN AREA

That area defined by the frame or edge of a sign. Where no frame or edge exists, the area shall be defined by a projected enclosed four sided (straight sides) geometric shape which most closely outlines said sign. Where a sign has more than one side, sign area shall be construed to include the total area used for advertisement or identification.

SIGN, COMMERCIAL

Any sign which is owned or operated by any person engaged in the business of outdoor advertising for direct profit gained from the rental of signs, or any sign advertising a commodity not sold or produced on the premises.

SIGN FUNCTIONS

These may include, but not be limited to, the following:

a. ADVERTISING Shall mean a sign directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained.

b. BUSINESS Shall mean a sign directing attention to a business, commodity, service, or entertainment conducted, sold or offered upon the same premises as those upon which the sign is located.

c. DIRECTORY Shall mean a sign of permanent character, but with interchangeable letters, words or numerals, indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises whereon a sign is maintained.

d. INSTRUCTIONAL Shall mean a sign conveying instructions with respect to the premises on which it is maintained, such as parking lot entrance or exit signs, and danger signs.

e. NAMEPLATE Shall mean a sign indicating the name, address and/or profession or occupation of a person.

f. PUBLIC Shall mean signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his duty, such as safety signs, danger signs, memorial plaques or citations, official court and public notices, signs of historical interest, and the like. Public shall also include non-for-profit organizations, houses of worship and educational institutions. As long as erected for non-profit organization.

g. TEMPORARY Shall mean a sign which is designed to advertise or announce, for a limited period, a particular event or series of events, to solicit political support, or to announce the availability for sale of a particular item or items.

h. IDENTIFICATION Shall mean any structure or part thereof or thereto or painted or represented displays any letter, symbol, trademark, word or similar device used to identify the product made or the activity being pursued by any individual, business, service, commercial or industrial enterprise, which is displayed upon the lot or premises occupied by such an enterprise for the purpose of appraising the public of the location of such enterprise for the type of activity in which it is managed.

i. INTERIOR Shall mean any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window which is designed to be visible from the windows exterior.

j. OFFICIAL Shall mean any sign, symbol or device, erected and maintained by a Federal, State, County or local governmental agency for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare.

SIGN HEIGHT

The greatest vertical dimension between the top of a sign and the ground.

SIGN TYPES

These may include, but not be limited to, the following types:

a. GROUND Shall mean a freestanding sign supported by uprights or braces in or upon the ground and not attached to any part of a building.

b. HANGING Shall mean a sign designed to project beyond the front face and perpendicular to it over a public walkway.

c. INTEGRAL Shall mean a sign carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.

d. MARQUEE Shall mean a sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building.

e. ROOF Shall mean a sign which is erected, constructed or maintained on, above or as part of the roof of any building.

f. WALL Shall mean a sign which is attached directly to the building and is parallel to the building.

g. FREESTANDING Shall mean a sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structures.

h. STREET SIGNS Shall mean a sign used to identify street names along public rights-of-way and designed in accordance with § 18-814.

i. DIGITAL BILLBOARD An advertising sign upon which space images are displayed, by means of a digital display of information, provided that a digital billboard may include a static, illuminated, non-digital sign advertising businesses or activities existing at the property on which the digital billboard is situated. The digital billboard may not exceed the length or width or extend more than five feet above the digital billboard. Digital billboards are conditionally permitted in the B-1, B-3, B-4, HD-6, HD-7 and M-1 zones.

[Ord. No. 2016-11 § 2]

SITE PLAN OR PLAN

A development plan of one or more lots on which is shown: (1) the existing and proposed conditions of the lot; (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress/egress, drainage facilities, utility services, landscaping, signage, lighting etc., (3) any other information that may be reasonably required in order to make an informed decision pursuant to an ordinance requiring review and approval of site plans.

SITE PLAN/PLAN REVIEW

Examination of the specific development plans for a lot. Wherever the term "Plan Approval" is used herein, it shall be understood to mean a requirement that the plan be reviewed and approved by the appropriate Board.

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article VI of this chapter.

SKILLED CARE NURSING UNIT

A nursing bed or individual room which provides board, shelter and twenty-four skilled nursing and medical care to chronic or convalescent patients. Skilled Care Nursing Units shall be in a facility that may include accessory uses including dining rooms, bathing areas, common areas, offices, clinics, therapy areas, medical facilities and other space necessary to provide the above services.

STREET LINE

That line determining the limit of the road, street or highway rights of the public, either existing or contemplated.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by this act, or (4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

SUBDIVISION

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

SUBDIVISION, MAJOR

All subdivisions not classified as Industrial or Minor Subdivisions. Major subdivisions shall however also include any proposed subdivision which would otherwise qualify as a minor subdivision if the subdivision under consideration represents a further subdivision of an original tract of land for which a previous minor subdivision or subdivisions, or a major subdivision had been approved by the Planning Board within three years prior to the filing of the application, and the combination of the proposed subdivision and the previous subdivisions of said original tract would constitute, if considered together as a whole, a major subdivision.

SUBDIVISION, MINOR

A subdivision of land that does not involve (a) the creation of more than three additional lots, in addition to any one retained parcel, including the relocation or adjustment of existing lot lines provided such relocation or adjustment does not result in the creation of more than three additional lots, in addition to any one retained parcel (b) planned development, (c) any new street, or (d) extension of any off tract improvement. In counting lots to determine whether or not a proposed subdivision is a minor subdivision, the Township tax maps dated January 1, 2004 shall be used.

SUKKAH

A temporary structure constructed for religious reasons on or about the Sukkoth holiday.

SWIMMING POOL

A water filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an aboveground pool, having a depth of more than 24 inches, designed, used and maintained for swimming and bathing.

SWIMMING POOL, COMMERCIAL

Commercial swimming pools shall mean and include all pools associated with commercial land uses. Commercial swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

SWIMMING POOL, PORTABLE

Portable pools shall not be subject to the requirement of this chapter and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface of 100 square feet; and do not require braces or supports.

SWIMMING POOL, PRIVATE RESIDENTIAL

Private residential swimming pools shall mean and include artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling and shall include all buildings, structures, equipment and appurtenances thereto.

Private residential swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

THRU-LOT

A lot which fronts upon two parallel streets.

TOWER

See "Wireless Telecommunications Tower."

TOWER HEIGHT

When referring to a wireless telecommunications tower or other structure, the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also the definition of "building height.")

TOWNSHIP

Township of Lakewood, Ocean County, New Jersey.

TRACT

An area, parcel, site, piece of land, or property which is the subject of a development application.

TRELLIS

A structure of open latticework, especially one used as a support for vines and other creeping plants.

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.

USE, PRINCIPAL

The main use(s) of land or structures, as distinguished from a secondary or accessory use(s).

UNITS, DWELLINGS

a. For single-family detached or attached units - one housekeeping unit equals one unit.

b. For condominiums, cooperatives and apartments - one housekeeping unit equals one unit.

c. Assisted Living Facilities - one housekeeping unit equals one unit.

d. Skilled Nursing Care Facilities and Nursing Homes - one bed equals one unit.

VARIANCE

A departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40:55D-70, et seq.

WETLANDS

Those areas meeting the definition of wetlands under N.J.A.C. 5:1-1 et seq. and enforced by the NJDEP.

WIRELESS TELECOMMUNICATIONS TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio or similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

YARD

The area that lies between the principal or accessory building or buildings and the nearest lot line.

YARD, FRONT

A yard on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of a building projected to the side lines of that lot.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.

YARD SIDE

A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the street or rear lot line as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONING BOARD

The Zoning Board of Adjustment of Lakewood Township.

ZONING DISTRICT

A finite area of land, as designated by its boundaries on the zoning map, throughout which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.

ZONING OFFICER, OR ZONING ADMINISTRATION OFFICER

The official responsible for the administration of this chapter as hereinafter set forth.

ZONING PERMIT

A document signed by the Zoning Officer, (a) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure or building and (b) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70.

Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., as amended, such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed in the context of this chapter.