Township of Brick, NJ
Ocean County
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Table of Contents
Table of Contents
[Adopted 1-2-1979 by Ord. No. 354-1-79 (Ch. 190, Part 1, of the 1989 Code)]
It is the intent and purpose of this chapter to:
A. 
Encourage municipal action to guide the appropriate use and development of all lands in Brick in a manner which will promote public health, safety, morals and general welfare.
B. 
Secure safety from fire, flood, panic and other natural and man-made disasters.
C. 
Provide adequate light, air and open space.
D. 
Ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
E. 
Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods in the community and preservation of the environment.
F. 
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G. 
Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all Brick citizens.
H. 
Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
I. 
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
J. 
Promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of environment through improper use of land.
K. 
Encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
L. 
Encourage senior citizen community housing construction consistent with provisions permitting other residential uses in the same zoning district.
[Amended 6-26-1979 by Ord. No. 354-1A-79]
M. 
Encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of land.
N. 
Do all things as authorized in the general purposes and powers as more fully set forth in N.J.S.A. 40:55D-1 et seq.
In their interpretation, the provisions of this chapter shall be held to be minimum requirements. It is not the intent of this chapter to abrogate any permit previously issued pursuant to law relating to the use of buildings or land; nor shall it be interpreted to interfere with the provisions of existing codes, laws or ordinances regarding building construction, health, safety or sanitation or with any private restrictions placed upon a property by covenant or deed; provided, however, that where this chapter requires a greater width or size of lot or of yards or other open spaces or requires a lesser height, bulk or ground coverage for buildings or, in general, imposes restrictions greater than those required in another law or local ordinance or regulation, the provisions of this chapter shall govern.
For purposes of this chapter, the terms used within this chapter shall be defined as follows:
ACCESSORY BUILDING OR USE
One which:
A. 
Is subordinate to and serves any principal building or use.
B. 
Is subordinate in area, extent or purpose to the principal building or principal use served.
C. 
Contributes to the comfort, convenience or needs of occupants of the principal building or principal use served.
D. 
Is located on the same lot as the principal building or principal use served.
[Amended 5-22-1990 by Ord. No. 354-2D-90]
E. 
Shall not be used as an extension of a permitted home occupation.
F. 
Is any wind energy conversion system within the meaning of and in accordance with the standards set forth in this chapter.
[Added 11-10-1981 by Ord. No. 354-2BB-81]
ADMINISTRATIVE OFFICER
The individual who shall serve in the office of the Principal Planner in the Township of Brick who shall be the "administrative officer" within the meaning of N.J.S.A. 40:55D-3.
[Amended 8-23-1988 by Ord. No. 354-2SSSS-88]
ADULT DAY-CARE CENTER
A community-based program designed to meet the needs of functionally or cognitively impaired adults through an individual plan of care structured to provide a variety of health, social and related support services in a protective setting during any part of a day but less than 24 hours.
[Added 8-6-2001 by Ord. No. 354-2JJ-01]
ADVERTISING STRUCTURE
Any rigid or semirigid material, with or without sign displayed thereon, situated upon or attached to real property or mobile objects and vehicles outdoors for the purpose of furnishing a background, base or support on which a sign may be posted or displayed.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extension of a side or by increasing in height, or change in use from that of one district classification to another, any conversion of a building or a part thereof, or removal of a building from one location or position to another or demolition thereof.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by this chapter for approval of a site plan, subdivision plat, conditional use, planned development, zoning variance or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.).
APPROVING AUTHORITY
The Planning Board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey 1975.
AMUSEMENT CENTER
A building where the public may enter, which building is operated solely as an amusement center and housing for four or more of any or all of the types of amusement games, machines or devices as described in this chapter under the definition of "game room" and such other amusement games, machines or devices in which the public may participate for a fee. Amusement centers do not include motion-picture theaters, bowling alleys, roller-skating rinks, ice-skating rinks, bookstores, massage parlors and the like.
[Added 6-3-1991 by Ord. No. 354-2K-91]
[Added 12-8-1981 by Ord. No. 354-2EE-81; amended 5-11-1982 by Ord. No. 354-1D-82; repealed 6-3-1991 by Ord. No. 354-2K-91]
ASSISTED LIVING RESIDENCE
A facility which is licensed by the Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available on a twenty-four-hour basis for four or more adult persons unrelated to the proprietor. Apartment units offer, at minimum, one unfinished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
[Added 8-6-2001 by Ord. No. 354-2JJ-01]
ATHLETIC, HEALTH AND FITNESS FACILITIES
Commercial establishments whose facilities provide for competitive sports, body building or exercise equipment or which conduct programs of exercise that either provide for physiological development, cardiopulmonary conditioning, weight reduction or other forms of active fitness preparation. Such facilities shall not exclude male or female participants and shall primarily provide for open enrollment limited only by the physical capacity of the facility. It shall specifically exclude private social clubs whose primary purpose is social activity or entertainment.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
AUCTION MARKET
Any premises on which is held at periodic times auction sales of merchandise or any other personal property.
AUTOMOBILE SALES AND/OR RENTAL FACILITIES
The use of any building, land area or other premises for the display, sale and rental of new or used automobiles, panel trucks, vans or other recreational vehicles, including any warranty repair work or warranty repair service conducted as an accessory use.
[Added 4-13-1982 by Ord. No. 354-2LL-82]
AUTOMOBILE SALESROOM
A place of business where the primary purpose is the sale of new motor vehicles, having a building with showrooms, office space, repair and maintenance facilities, with or without a used car lot incidental thereto, and on the same business premises or immediately adjacent thereto.
AUTOMOBILE SERVICE STATION
Any premises used for the retail sale of gasoline, oil or other products necessary for the maintenance and operation of motor vehicles and for servicing and repair thereof, but where no vehicular painting and/or body work is done and where no junked or unregistered vehicles are kept or stored.
BANKS AND FIDUCIARY INSTITUTIONS
Establishments which provide for checking, savings, safekeeping, loans, mortgages and other types of financial transactions commonly associated with commercial banks, savings and loans, credit unions, loan offices and thrift institutions.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
BANNER
A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind with only such material for backdrop.
BASE FLOOD ELEVATION (BFE)
The elevation of surface water resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year as shown on the current Flood Insurance Rate Map (FIRM).
[Added 10-21-2014 by Ord. No. 30-14]
BASEMENT
A story of a building partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building.
A. 
Includes any off-site sign used to identify the product made or the activity being proposed by any individual, service, business or commercial or industrial enterprise for the purpose of apprising the public of the location of such enterprise and/or type of activity in which it is engaged.
B. 
A structure utilized for advertising an establishment, activity, product, service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located.
BLOCK
That area bounded by two or more streets. The "block frontage" shall refer to the length of a street between intersecting right-of-way lines.
BOARD OF ADJUSTMENT
The Board established by ordinance of the Township of Brick pursuant to N.J.S.A. 40:55D-69.[1]
BOAT DOCK
An accessory use to a private home or club not operated as a commercial venture for a profit.
BOAT SALES AND SHOWROOMS
Retail sale of boats and marine accessories, whether from an enclosed showroom or open-air displays, and not an accessory use to a primary use as a marina.
[Added 7-15-1980 by Ord. No. 354-2M-80]
BOATYARD
See "marina."
BUFFER
A landscaped area designed to act as a visual and sound screen between a potentially unsightly or otherwise undesirable or incompatible use and adjacent properties, and as further defined in Chapter 281, Noise, of the Code of the Township of Brick.
BUILDABLE AREA/LAND
Includes all land which can be built upon under current federal, state, county and local laws/regulations. Buildable area/land does not include any fresh- or saltwater buffer areas established by any governmental agency.
[Added 3-13-1990 by Ord. No. 354-2A-90]
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or other supports and designed or used for shelter, housing, enclosure or storage of persons, animals or chattel.
BUILDING AREA
The total areas circumscribed by the outside dimensions on a horizontal place measured at the outermost extension wall and all accessory buildings, exclusive of unroofed porches, terraces or steps.
[Amended 10-21-2014 by Ord. No. 30-14]
BUILDING EAVES HEIGHT
The vertical distance from the base reference point to the lowest point of the roof for gable, hip gambrel, mansard and flat roofs which in no event shall exceed:
[Added 3-25-2003 by Ord. No. 354-2D-03; amended 10-21-2014 by Ord. No. 30-14; 2-3-2015 by Ord. No. 3-15]
A. 
26 feet above the established average adjacent grade plane; or
B. 
Elevation 32 feet in the N.A.V.D. 1988.
BUILDING HEIGHT
For purposes of calculating building height including building eave height, building mean height and building ridge/peak height as used in this article, measurements shall be determined for all measurement purposes from a base reference point using either the average established grade plane or from elevation 0 in the N.A.V.D. 1988. The average adjacent grade plane is a reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building. Unnatural and/or structural alterations to the topography of a property to achieve a greater peak elevation of a structure shall not be permitted.
[Amended 3-25-2003 by Ord. No. 354-2D-03; 10-21-2014 by Ord. No. 30-14; 2-3-2015 by Ord. No. 3-15]
BUILDING LINE
A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected exterior surface of the building, excluding roof overhangs or fireplaces or chimneys which do not extend more than 18 inches into the required yard space. For the purposes of this section, roof overhangs shall be the highest plane of the building, whether sloped or horizontal, and no habitable or inhabitable space shall exist above the roof overhang. All yard requirements are measured to the building line. Where the front property line is not perpendicular to the side line, the building line shall be measured along a straight line tangent to the setback line being concentric with the front property line.
[Amended 9-23-1980 by Ord. No. 354-1B-80; 4-27-1982 by Ord. No. 354-1C-82; 4-26-1988 by Ord. No. 354-2QQQQ-88]
BUILDING MEAN HEIGHT
The vertical distance from the base reference point to the highest point of the roof for flat roofs, to the deckline for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs, which in no event shall exceed:
[Added 10-21-2014 by Ord. No. 30-14; amended 2-3-2015 by Ord. No. 3-15]
A. 
35 feet above the established average adjacent grade plane; or
B. 
Elevation 41 feet in the N.A.V.D. 1988.
BUILDING, PRINCIPAL
A building or buildings in which is conducted the main or principal use of the site on which it is situated.
BUILDING RIDGE HEIGHT
The vertical distance from grade plane to the highest point of the roof, excluding cupolas or chimneys, for gable, hip and gambrel roofs but in no event exceeding the height limitations of Part 2, Zoning, in this chapter. The grade plane is a reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or where the lot line is more than six feet from the building, between the building and a point six feet from the building.
[Added 3-25-2003 by Ord. No. 354-2D-03]
BUILDING RIDGE/PEAK HEIGHT
The vertical distance from the base reference point to the highest point of the roof for gable, hip and gambrel roofs, which in no event shall exceed:
[Added 10-21-2014 by Ord. No. 30-14; amended 2-3-2015 by Ord. No. 3-15]
A. 
38.5 feet above the established average adjacent grade plane; or
B. 
Elevation 45 feet in the N.A.V.D. 1988.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CELLAR
A story of a building partly underground and having less than 1/2 of its height above the average level of the finished grade at the front of the building.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Division of Inspection upon completion of construction on buildings and grounds which certifies that all requirements of this chapter and/or such adjustments thereof which may have been granted are in compliance.
CHANGE OF USE
Any use that substantially differs from the previous use of a building on land.
[Amended 4-30-2002 by Ord. No. 354-2D-02]
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.
CLINICS AND OTHER THERAPEUTIC AND REHABILITATION FACILITIES
An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
CLUBS; LODGES; FRATERNAL, SOCIAL AND RECREATIONAL BUILDINGS
A building or structure principally used to house any club, lodge, fraternal, social, recreational, athletic, patriotic or civil organization and its attendant activities, whether private or public.
CLUSTER DEVELOPMENT
A development of single-family detached dwellings or two single-family attached dwellings (herein referred to as "duplexes") which will preserve desirable open spaces, conserve floodplains and wetlands, provide open space recreational parks and land for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot size and the application of certain other regulations hereinafter stated without increasing the number of lots, i.e., the gross density, in the total area to be developed.[2]
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.
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 Part 2, Zoning, of this chapter and upon the issuance of an authorization therefor by the Planning Board.[3]
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of Ocean County, with 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 N.J.S.A. 40:27-4.
COUNTY PLANNING BOARD
The Planning Board of Ocean County.
COVERAGE, BUILDING
That percentage of the plot or lot area covered by all structures or uses other than walls, hedges and fences, exclusive of required parking as required by Part 2 of this chapter.
COVERAGE, LOT
That percent of the plat or lot area allowed to be utilized by the permitted use, exclusive of permitted parking as set forth in the Part 2 of this chapter.
DAYS
Calendar days.
DECK
A wooden frame platform not exceeding eight inches in height as measured from ground level and which is constructed in connection with a residential use.
[Added 11-10-1981 by Ord. No. 354-2Z-81]
DECK/PATIO ENCLOSURE
A fence no greater than five feet in height for the purpose of enclosing a deck or patio for a residential condominium or rental unit located in the R-M Multifamily Zone in accordance with the requirements of § 245-154B.
[Added 11-25-2008 by Ord. No. 38-08]
DENSITY
The total number of dwelling units divided by the gross acreage of the parcel, except for lands flooded or inundated by tidal waters.
DESIGNATED FLOOD ELEVATION
A reference plane representing the base flood elevation, as shown on the current Flood Insurance Rate Map (FIRM) as referenced in Chapter 196, plus any freeboard that may be required for a building in the designated flood zone.
[Added 10-21-2014 by Ord. No. 30-14]
DETENTION BASIN
A man-made or natural water collector facility designed to collect surface and subsurface water so that it might impede its flow and to gradually release the same, at a rate not greater than that prior to the development of the property, into natural or man-made outlets (i.e., the storm sewer system or stream).
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, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in use of any building or other structure or land or extension of use of land for which permission may be required.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, Official Map ordinance or other municipal regulation of the use and development of land, or amendment thereto.
DRAINAGE
The complete analysis and implementation for a stormwater management system.
DRIVE-IN
An establishment which accommodates the patron's automobiles, from which the occupants may receive a service or obtain a product which may be used or consumed in the vehicles on the same premises.
DWELLING
A building designed or used exclusively as the living quarters for one or more families.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings situated on one plot containing separate units for three or more families but which may have joint services or facilities, or both.
DWELLING, ONE-FAMILY
A detached building designed for or occupied exclusively for one family and having no party walls or walks in common with any adjacent house or houses.
DWELLING, TWO-FAMILY
A dwelling consisting of a building containing two dwelling units only and not occupied or designed for occupancy by more than two families living independently of each other.
DWELLING UNIT
One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.
ELEVATED DECK
A frame platform greater than eight inches in height but not exceeding three feet in height as measured from ground level and which is constructed in connection with a residential use.
[Added 3-26-2002 by Ord. No. 354-2A-02]
EMERGENCY MEDICAL SERVICE FACILITIES
A building that contains establishments dispensing medical services on an emergency basis with a registered physician in attendance.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).[4]
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
ESSENTIAL SERVICES
Facilities installed or maintained by a public utility or governmental agency, including gas, electric, phone, water, sewerage and other similar services necessary to provide adequate utility services necessary to the general health, safety and welfare of the public.
EXTENDED-CARE FACILITY
A long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
FAMILY
One or more persons living together as a single housekeeping unit.
FARM
A parcel of land, five acres or larger in size, which is used principally in the raising or production of agricultural products, livestock, poultry or dairy products and the necessary or usual dwelling, farm structures, storage and equipment.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this section.
FARMING
Agricultural activity as a business or the keeping or raising of livestock or other farm animals.
FENCE
A structure forming a total or partial enclosure of an open area and designed to prevent straying from within or intrusion from without said enclosure or to provide a visual barrier for the purposes of assuring privacy.
FINAL APPROVAL
The official action of the Planning Board or Board of Adjustment on matters within its jurisdiction 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 which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
FLEA MARKET SALE
See Chapter 211, Garage, Flea Market and Other Sales.
[Added 1-28-1986 by Ord. No. 354-2MMM-86[5]]
FLOODPLAIN
The area of relatively flat land adjoining a watercourse and subject to flooding from an overflow of said watercourse due to the intensity of a one-hundred-year storm, including lands mapped by the Ocean County Soil Conservation Service and New Jersey Department of Environmental Protection and Housing and Urban Development flood regulations, whichever is more restrictive.
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.
A. 
In particular, the floor area of a building shall include:
(1) 
Basement space (not to be included when computing minimum floor space, except when the basement is used as living space or selling area).
(2) 
Stairwells.
(3) 
Attic space, whether or not a floor has actually been laid; however, just the area directly under a headroom of seven feet or more.
(4) 
Enclosed porches.
B. 
Second floor areas shall be considered as floor area only where the side walls are at least four feet in height over a finished floor and reach a ceiling height of at least seven feet.
C. 
Split-level dwellings shall be considered as one-story or ground-level dwellings, unless a third level is constructed. To be considered a split-level dwelling, a building shall contain three or more floor levels, each separated from the adjoining floor level by a vertical distance of more than one foot three inches but less than seven feet.
FLORIST SHOP
A commercial establishment providing for the retail sale of flowers, floral arrangements and/or imitation flowers or floral arrangements as their primary business.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
FREEBOARD
An additional amount of height above the base flood elevation (BFE) used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations. On any parcel of land that is designated to be in a Velocity or V Zone, freeboard shall be measured from the BFE to the bottom of the lowest horizontal structural member of a finished floor elevation. On any parcel of land that is designated to be in a Coastal A Zone, the area where moderate wave action is anticipated during a flood event where surface waters equal or exceed the base flood elevation, freeboard shall be measured from the BFE to the finished floor elevation. Any parcel of land in a special flood hazard area that is designated to be in a V Zone or Coastal A Zone, as shown on the current Flood Insurance Rage Map (FIRM) as referenced in Chapter 196, requires a minimum freeboard of one foot.
[Added 10-21-2014 by Ord. No. 30-14]
GAME ROOM
A place or room within an existing building where the public may enter, wherein there are located four or more amusement games, machines or devices of the type commonly known and designated as "pinball," "console cathode ray tube game machines," "electronic or video game machines," "electric crane," "bagatelle," "baseball" and any other game, machine or device similar to the above, operated by the use of coins or tokens and for the purpose of amusement or entertainment of the user.
[Added 12-8-1981 by Ord. No. 354-2EE-81; amended 5-11-1982 by Ord. No. 354-1D-82]
GARAGE OR YARD SALE
See Chapter 211, Garage, Flea Market and Other Sales.
[Added 1-28-1986 by Ord. No. 354-2MMM-86; amended 11-28-2006 by Ord. No. 37-06]
GARAGE, PRIVATE
A building or space used as an accessory to the main building which provides for the storage of motor vehicles of the families resident upon the premises and in which no occupation or business or service for profit is carried on and in which not more than three motor vehicles are stored.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories or where any such vehicles are kept for hire.
GARDEN APARTMENT
One or more multiple-family dwelling structures not more than two stories in height, with not more than six dwelling units per structure and so laid out that no individual dwelling unit can be sold independently on a separate parcel of land, each unit with individual entrances.
GASOLINE FILLING STATIONS
Any area of land, including structures thereon, that is used for the retail sale of gasoline or other vehicle fuel, oil or lubricating substances, batteries, tires and automobile accessories, and which may include the facilities for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing motor vehicles, and which provides minor automobile service and repairs, not amounting to rebuilding, major repairs or body work.
GIFT SHOP
A commercial establishment providing for the retail sale of greeting cards, books, stationery and supplies, toiletries, candies and similar items.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
GOLF COURSE, PUBLIC
An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental and subordinate to the operation of the golf course.
GOVERNING BODY
The chief legislative body of the municipality.
GRADE, FINISHED
The elevation of the completed surface of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto or already in existence.
GREENBANK PARKING SPACES
Parking spaces approved pursuant to site plan approval but not physically improved.
[Added 6-25-2002 by Ord. No. 354-2H-02]
GROSS FLOOR AREA
The sum of the gross horizontal areas of the floor or several floors of an enclosed building measured between the inside face of exterior walls or from the center line of a wall separating two or more units, having a clear ceiling height prescribed in the Building Code[6] for the type of building concerned; any cellar, basement, garage space or accessory building is not to be included in computing any minimum "gross floor area" required by this chapter.
HAIRSTYLING
A commercial establishment providing for the styling, cutting and treatment of male and female hair.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
HEIGHT
When used in connection with any WECS, the distance from the surrounding ground level measured to the highest point of the WECS (top of blade in highest possible position).
[Added 11-10-1981 by Ord. No. 354-2BB-81]
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archeology or culture of this state, its communities or the nation and has been so designated pursuant to law.
[7]
HOME OFFICE
An office activity carried on for gain by a resident in a dwelling unit.
[Amended 11-28-2006 by Ord. No. 37-06]
HOSPITAL
A building or series of buildings primarily for treatment of patients to be housed on the premises and providing primary health services and medical or surgical care to persons, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, central service facilities and staff offices. The definition "hospital" shall not include nursing homes, medical care centers and the like.
[Amended 11-5-1984 by Ord. No. 354-2AAA-84; 3-14-1989 by Ord. No. 666-89]
HOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed to provide short-duration accommodations for transient travelers and provided with accessory off-street parking facilities. The term "hotel" includes buildings providing additional accessory services, such as restaurants, meeting rooms, recreational facilities and banquet facilities with adequate parking on site for all such facilities.
[Added 4-15-2014 by Ord. No. 9-14]
HOUSE TRAILER
Any dwelling unit which is so designed or constructed as to permit its transportation as a fully built unit, and whether or not equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by its own motor power or by other means, or any other unit used for temporary living or sleeping purposes temporarily located in the locality, whether the same is on blocks, posts or other type of nonpermanent foundation.
IMPROVED PUBLIC STREET
For subdivision purposes or site plan, any street which complies in width and construction with the standards set forth in Part 3, Subdivision of Land, of this chapter, and any amendments thereto and has been accepted by the Township of Brick.
INDUSTRIAL PARK
A planned or organized industrial area with comprehensive design for industrial building, utilities and street access which is systematically subdivided according to the needs of the tenants and contains more than two separate buildings, either individually owned or leased, occupied by acceptable manufacturing or industrial enterprises.
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or under any other law of this state or of the United States or has been denied, violated or infringed by an action or a failure to act under this chapter.
JUNK- OR SALVAGE YARD
Use of any lot for the storage, keeping or abandonment of junk, including scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment or machinery, or parts thereof, or any area and/or structure used or intended to be used for the conducting or operating of the business of selling, buying, storing or trading in used or discarded metal or glass.
LAND
Real property, including improvements and fixtures on, above or below the surface.
LED FUEL PRICE SIGN
A freestanding static light-emitting diode (LED) or digital numeric sign for the purpose of displaying the fuel price for the sale of fuel at a gasoline filling station.
[Added 5-5-2015 by Ord. No. 8-15]
LIFE-CARE FACILITIES
An institution or a distinct part of an institution which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its member by marriage, blood or adoption and offers financial arrangements to provide such care for a person's natural life.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The size of a lot measured within the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot which is submerged under water or included within a street right-of-way except where an easement is obtained or exists for public purposes in which case the area of the easement shall be included in the calculation of lot area.
[Amended 2-28-1989 by Ord. No. 354-2C-89]
LOT, CORNER
A parcel of land at the intersection of and fronting on two or more streets.
LOT COVERAGE
See "coverage, lot."
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot line, provided that, for triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersection with the side lot lines. On a corner lot, the greater frontage is its depth, and the lesser frontage shall be deemed the front of the lot. In the event that a corner lot has equal frontages, the front lot line shall be that line which the main entry of the structure faces.
LOT FRONTAGE
That portion of a lot extending along a street line.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to its depth at a point which constitutes the rear line of the required front yard space. Where the front property line is not perpendicular to the side line, the building line shall be measured along a straight line tangent to the setback line being concentric with the front property line.
[Amended 9-23-1980 by Ord. No. 354-1B-80]
LUNCHEONETTE; COFFEE SHOP
A commercial establishment providing for the consumption of food or beverages primarily prepared on the premises and consumed on the premises. Such food and beverages shall be dispensed at tables or sit-down counters or cafeteria style or any combination thereof. No alcoholic beverages shall be permitted.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivisions. In addition, any proposed subdivision which would otherwise qualify as a minor subdivision shall be classified as a major subdivision if the subdivision under consideration represents a further subdivision of an original tract of land for which previous minor subdivision(s) have been approved by the Planning Board and the combination of the proposed and approved minor subdivision(s) constitute a major subdivision. The original tract of land shall be considered any tract in existence at the time of the adoption of the first Subdivision Ordinance of Brick Township.
MARINA
Any waterfront facility wherever berthing spaces for any and all watercraft are offered for rental by the operation. A marina shall be deemed to include automobile parking facilities, sanitary facilities and marine fuel sales. Additionally, a marina shall be deemed to include on-site uses of a water-dependent nature such as docks, upland boat storage, dock master's quarters, bait and tackle shops and maintenance facilities for repair and preparation of watercraft, boat sales, boat supplies, and facilities for the construction of new boats, provided that the number of boats constructed annually does not exceed 12, and the construction activities of boats are conducted within a building approved for such use by the approving authority and located within a Business Zone. For purposes of this chapter, the rental of two or more berthing spaces to other than the resident of property contiguous to the same shall be deemed to constitute a marina. Marinas shall not include residential development other than a dock master's quarters and/or one single-family dwelling.
[Amended 3-23-2004 by Ord. No. 354-2A-04; 4-19-2005 by Ord. No. 354-2F-05]
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the municipality as adopted by the Township of Brick.
MEDICAL DIAGNOSTIC OFFICES AND LABORATORIES
A building that contains establishments dispensing health services.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
MEMBRANE STRUCTURE
A temporary portable shelter enclosed with materials such as canvas or plastic, secured to a supporting metal, plastic or other conduit or poles and secured to the ground with an anchoring system.
[Added 9-24-2001 by Ord. No. 354-2KK-01]
MICROBREWERY
A microbrewery is a brewery holding a limited brewery license issued by the State of New Jersey as defined by N.J.S.A. 33:1-10.1b, producing less than 15,000 barrels of 31 gallons of malt beverage per year. The holder of this license shall be entitled to sell this product at retail to consumers on the licensed premises of the brewery for consumption on the premises, but only in connection with a tour of the brewery, or for consumption off the premises in a quantity of not more than 15.5 fluid gallons per person, and to offer samples for sampling purposes only pursuant to an annual permit issued by the director of the State Division of Alcoholic Beverage Control (ABC).
[Added 6-27-2017 by Ord. No. 13-17]
MINIWAREHOUSE
A building or structure principally devoted to the retail leasing or rental of floor space for the storage of household goods, personal effects, tools or equipment and the temporary storage of inventory. "Miniwarehouses" shall not include warehouses principally used for the storage of commercial inventories and/or used as commercial distribution facilities.
[Added 7-20-1982 by Ord. No. 354-2OO-82]
MINOR SITE PLAN
A development plan of one or more lots on which is shown existing and proposed conditions and other information and data as specified in Part 4 of this chapter.
[Added 5-25-1982 by Ord. No. 354-4D-82]
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of more than three lots, planned development, any new street or extension of any off-tract improvement.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed for transient travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar designations but shall not be construed to include mobile or immobile trailers.
MOTOR HOTELS, WITH AMENITIES PERMITTED SUCH AS RESTAURANTS, BANQUET FACILITIES AND LOUNGES
A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms and recreation facilities, with adequate parking on site for all such facilities.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
MULTIFAMILY DWELLING
See "dwelling, multifamily."
MUNICIPAL PARKS, PLAYGROUNDS AND OTHER MUNICIPAL BUILDINGS AND USES AS ARE DEEMED APPROPRIATE AND NECESSARY BY THE TOWNSHIP COUNCIL
Municipal parks, playgrounds and other municipal buildings and uses as are deemed appropriate and necessary by the Township Council.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of Part 2, Zoning, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONPROFIT HOMEOWNERS' ASSOCIATION
An association of homeowners within a PRRC to which all homeowners, by deed restrictions, covenants, restrictions, bylaws or otherwise, automatically belong and become members of said association. The purpose of the association is to own, maintain and preserve the common lands, properties and facilities proposed to be deeded to the owners of their association, provide the basic services and administer the enforcing of the covenants, restrictions and bylaws, the costs thereof to be shared equitably by the homeowners.
[Amended 11-5-1984 by Ord. No. 354-2DDD-84; 9-8-1987 by Ord. No. 354-2NNNN-87; 1-24-1989 by Ord. No. 354-2A-89]
NURSING HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
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 contiguous portion of a street or right-of-way.
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.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be directly related to the natural openness of the land.
OWNER
Any individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same.
OUTDOOR SALE
The outdoor sale or storage of inventory conducted for profit in association with a principal building already subject to a commercial use.
[Added 1-28-1986 by Ord. No. 354-MMM-86]
PARKING FACILITIES
Includes all parking spaces, access isles and internal circulation driveways, but shall not include a driveway providing ingress or egress to a site from an adjacent public or private street
[Added 9-13-1988 by Ord. No. 354-2TTTT-88]
PARKING LOT, COMMERCIAL
Any lot which is devoted to the parking of automobiles in return for a fee.
PARKING SPACE
The area required for the parking of one automobile.
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 Section 7 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-11).
PATIO
A level prepared surface normally or customarily used as an exterior sitting area and having no integral structural connection to any building.
PERFORMANCE GUARANTY
Any security, including cash, to ensure completion of improvements required as part of a development application approval.
PERMITTED USE
All uses specified in a particular zone, quoted in the subsections labeled "permitted uses" within the text of this chapter.
PHARMACIES AND OTHER RETAIL ESTABLISHMENTS FOR THE SALE OF MEDICAL AND SURGICAL SUPPLIES, EQUIPMENT AND CLOTHES OR GOODS AND PRESCRIPTION EYEGLASSES
A place where drugs and medicines are prepared and dispensed.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
PHYSICIANS' AND OTHER PROFESSIONAL OFFICES
The office of a member of a recognized profession maintained for the conduct of that profession.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
PLACE OF ASSEMBLY
A building or structure devoted to the gathering together of persons for a common reason, such as legislative, religious, civic, educational, recreational or social purposes.
[Added 4-19-2011 by Ord. No. 13-11]
PLANNED RESIDENTIAL RETIREMENT COMMUNITY (PRRC)
A community having one or more parcels of land having a contiguous total acreage of at least 100 acres forming a land block to be dedicated to the use of a planned residential retirement community (PRRC); said land, through its corporation, association or owners, shall restrict the ownership and occupancy of each residential unit in said community to at least one person of the age of 55 years or older by deed, covenants and restrictions of record and bylaws and rules and regulations, and the area comprising a PRRC may be by fee simple with common land or open space to be maintained through assessments against property owners within the confines of said community or development or in accordance with the provisions of N.J.S.A. 46:8B-1 et seq.
[Amended 1-24-1989 by Ord. No. 354-2A-89; 3-14-89 by Ord. No. 354-2E-89]
PLANNED RESIDENTIAL WATERFRONT COMMUNITY (PRWC)
A community consisting of one parcel of land having frontage on water and frontage on at least a collector road as defined in the Brick Township Master Plan and having a contiguous total acreage of at least 10 acres forming a land block to be dedicated to the use of a planned residential waterfront community (PRWC) consisting of a minimum of 48 units, the use of which, through its cooperative, association or owners, shall be restricted by deed and regulations for use by owners and tenants. The bylaws shall provide that the rental or sublease of any unit shall not be less than 30 consecutive days. Ownership of the dwelling units and the area comprising a PRWC may be by fee simple with common land or open space to be maintained through assessments against property owners within the confines of said PRWC pursuant to this chapter or in accordance with the provisions of N.J.S.A. 46:8B-1 et seq.
[Added 11-5-1984 by Ord. No. 354-2DDD-84; amended 9-8-1987 by Ord. No. 354-2NNNN-87]
PLANNING BOARD
The Municipal Planning Board of the Township of Brick established pursuant to Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.).
PLAT
A map or maps of a site plan or subdivision.
PREDFDA APPROVAL
If required by the New Jersey Planned Real Estate Development Full Disclosure Act (PREDFDA), a PRWC shall have received all requisite approvals from the Division of Housing of the Department of Community Affairs for the State of New Jersey prior to the issuance of a certificate of occupancy in the PRWC.
[Added 11-5-1984 by Ord. No. 354-2DDD-84; amended 9-8-1987 by Ord. No. 354-2NNNN-87]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings showing floor layout and front, side and rear view, prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRELIMINARY SUBDIVISION PLAT
A reasonably accurate map indicating the proposed layout of a development and related information that is submitted for preliminary approval in accordance with the provisions of Part 4 of this chapter.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which the building is situated.
PRINCIPAL USE OR USES
The primary or main purpose for which a lot or building is being utilized.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers and structures or drainage ditches and swales as 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 OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.
PUBLIC SCHOOLS AND INSTITUTIONS OF HIGHER LEARNING FOR THE PRACTICE OF MEDICINE AND NURSING OR SIMILAR RELATED OCCUPATIONS
Institutions of higher learning and instructional facilities whose enrollment consists of students acquiring credits toward graduate degrees, certification in specialized fields or licenses in medical or health-related care.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or 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.
SEDIMENTATION
The deposition of soil or other matter that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SETBACK
The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side setback line. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining setbacks. The setback distance shall be equal to the required yard width.
SETBACK LINE
A building line parallel to a lot line delineating the minimum required yard area.
SHOPPING CENTER
An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities. For the purposes of this definition, shopping centers shall be those facilities which have a minimum gross floor area of 60,000 square feet and associated land area of five acres.
[Amended 5-22-1984 by Ord. No. 354-2WW-84]
A. 
Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group; integral decorative or architectural features of buildings, except letters and trademarks; moving parts or moving lights or signs directing and guiding traffic and parking on private property, but bearing no advertising matters; and signs located entirely within an enclosed structure.
B. 
The outdoor and/or indoor display of any writing, printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any goods, merchandise, property, business, services, entertainment, amusement or industrial activity or establishment.
SIGN, AREA OF
The area bounded by the extreme dimension of the sign, including frame.[8]
SIGN, REAL ESTATE
A sign erected by the owner or his agent on property which is for rent, sale or lease.
SIGN, SIDEWALK OR SANDWICH
A movable sign not secured or attached to the ground.
SIGN, SUBDIVISION
A sign designating a subdivision plat or other division of real property recorded in the county recorder's office.
SIGN, TIME AND TEMPERATURE
A sign which indicates time and/or temperature by intermittent lighting.
A. 
A sign or plat attached to the facade of a building listing the tenants or occupants thereof and their respective professions or business activities.
B. 
A sign or device intended to direct or point toward a place or which gives verbal directions.
C. 
Any sign, symbol, trademark, structure or similar device used to identify the occupancy of any structure, the product made or the activity being pursued by any individual business service, commercial or industrial activity.
D. 
Any sign, symbol or device erected and maintained by the federal government, the State of New Jersey, the County of Ocean or the Township of Brick for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare or any sign of a civic, fraternal or religious organization specifically authorized by the Township of Brick of the County of Ocean.
E. 
Any sign displayed for a period of time not to exceed 90 days for the purpose of advertising the construction of residential, business or industrial activities; or decorative displays for holidays or public information.
F. 
The above functional sign types may be erected in the following physical forms of arrangements.
A. 
A self-supporting sign connected to the ground and independent of any other structure, including pylon, pedestal or individual post-type supports.
B. 
A sign attached to the building wall which neither extends more than 12 inches from the face of the wall nor projects nearer the curbline than two feet nor projects nearer the sidewalk surface than eight feet nor projects above the roofline or storefront facade line nor extends beyond the ends of the facade or building.
C. 
A flat or street sign attached to, painted on or erected against a building wall or flat vertical surface or a structure which extends not more than 12 inches from the face of the building and is not extended above the top or beyond the ends of the facade.
[Amended 3-14-1989 by Ord. No. 666-89]
SIGN, WINDOW
A street sign affixed to a window or readily visible through that window from the exterior.
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, stormwater management, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-37 et seq.).
SITE PLAN, ABRIDGED
A development plan required for review and approval by the Planning Board pursuant to § 245-287 et seq. where an addition or alteration to an improved site, not exceeding 1,000 square feet of area, or a change of use is proposed.
[Added 8-25-1992 by Ord. No. 354-4F-92]
STANDARDS OF PERFORMANCE
Standards adopted by ordinance pursuant to Subsection 52d of Chapter 291 of the Laws of New Jersey 1975 (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 flammable 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 municipality or those required by applicable federal or state laws or municipal ordinances.
STATIONERY, TOBACCO, NEWSPAPER AND BOOKSTORE
A commercial establishment providing for the retail sale, primarily, of either stationery, tobacco, newspapers or books, or any combination thereof.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
STORY
The part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A split-level story shall be considered a story if its floor level is four feet or more above the level of the line of the finished floor next below it, except a basement. An unfinished or flood-resistant enclosure, useable solely for the parking of vehicles, building access or storage, in an area other than a basement, is not considered a story for zoning purposes.
[Amended 10-21-2014 by Ord. No. 30-14]
STORY, HALF
That portion of a building, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are no more than two feet above the floor surface of such story and seven feet high.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by this chapter; or 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. The right-of-way width and design standards shall be as per state, county or local requirements, depending upon street jurisdiction in accordance with the Brick Township Master Plan and subject to the following classifications: principal arterial, minor arterial, major collector, minor collector, local, marginal access and alley.
A. 
Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
B. 
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET, PRIVATE
A street not dedicated or deeded to the public for public use.
STREET RIGHT-OF-WAY
The line determining the limit between the access rights of the public and adjoining private property.
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.
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 this definition 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.
(4) 
Conveyances so as to combine existing lots by deed or other instrument.
B. 
The term "subdivision" shall also include the term "resubdivision" as defined in this section.
SUBDIVISION COMMITTEE
A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of Chapter 291 of the Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.) and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
SUNROOM
An unheated, prefabricated enclosure not intended to be used for year-round habitable space with a minimum of 50% of the exterior wall surface area to be glass or screening.
[Added 3-11-2003 by Ord. No. 354-2B-03]
SURVIVAL WIND SPEEDS
When used in connection with any WECS:
[Added 11-10-1981 by Ord. No. 354-2BB-81]
A. 
That wind speed where, in a locked position, any element of the WECS may fail.
B. 
That wind speed where, in an operating condition, any element of the WECS may fail.
SWIMMING POOL PRIVATE, ABOVEGROUND
A swimming pool extending more than 10 inches above the ground, having a depth greater than 18 inches located on a single-family lot, designed and maintained for swimming and bathing purposes by household members and guests with no admission charges and not for the purpose of profit.
[Added 5-9-2000 by Ord. No. 354-2AA-00]
SWIMMING POOL, PRIVATE IN-GROUND
A swimming pool not extending more than 10 inches above the ground, having a depth greater than 18 inches located on a single-family lot, designed and maintained for swimming and bathing purposes by household members and guests with no admission charges and not for the purpose of profit.
[Added 5-9-2000 by Ord. No. 354-2AA-00]
TRAILER or SEMITRAILER
A vehicle, with or without motive power, designed primarily for the transportation and/or storage of goods, equipment and/or materials other than boats or watercraft, and not designed primarily for use or occupancy in connection with recreational activities, and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
[Added 6-10-1980 by Ord. No. 354-2J-80; amended 6-24-1980 by Ord. No. 354-2L-80]
TRUCK TRACTOR
Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
[Added 6-24-1980 by Ord. No. 354-2L-80]
USE
The purpose or activity for which land or buildings are designated, arranged or intended or for which land or buildings are occupied or maintained.
[Amended 4-30-2002 by Ord. No. 354-2D-02]
VARIANCE
Permission to depart from the literal requirements of the requirements of Part 2, Zoning.
WALKWAY or SIDEWALK
A way for carrying pedestrian traffic, which may be located within the street right-of-way provided for a street or may be located adjacent to a lot line, between lots, and laid out so that it may provide pedestrian traffic along a street or road.
WIND DEVICE
Any streamer, propeller, pennant or similar device that is activated by the wind.
WIND ENERGY CONVERSION SYSTEMS (WECS)
A combination of the following:
[Added 11-10-1981 by Ord. No. 354-2BB-81; amended 3-11-2008 by Ord. No. 12-08]
A. 
A surface area for capturing the wind.
B. 
An assembly for converting the rotational power of the attached surface area into an electrically utilizable form.
C. 
A generator or alternator to convert the rotational energy into electrical energy.
D. 
A tower or other structure upon which the latter three elements are mounted.
E. 
A foundation, guying or other supporting structure.
YARD, FRONT
An open, unoccupied space extending the full width of the lot and situated between the setback line and the street right-of-way line of that lot. The term "front setback line" shall be synonymous with the rearmost limit of the required front yard area.
YARD, REAR
The area created by the rear yard setback.
YARD, SIDE
The area created by the side yard setback.
ZONING PERMIT
A document signed by the administrative officer 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 which acknowledges that such use, structure or building complies with the provisions of Part 2, Zoning, or variance therefrom duly authorized by a municipal agency, pursuant to the Municipal Land Use Law.
[9]
[1]
Editor's Note: See also Ch. 250, Land Use Procedures.
[2]
Editor's Note: See Article XXXV, Cluster Development, § 245-300 et seq.
[3]
Editor's Note: See Article XXXIII, Conditional Uses, § 245-279 et seq.
[4]
Editor's Note: See Ch. 2, Administrative Code.
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: See Ch. 145, Construction Codes, Uniform.
[7]
Editor's Note: The definition of "home occupation" which immediately followed this section, was deleted 11-28-2006 by Ord. No. 37-06. See definition of "home office."
[8]
Editor's Note: The definition of “sign, political,” which immediately followed this definition, was repealed 6-13-2006 by Ord. No. 20-06.
[9]
Editor's Note: Original § 190-4, Codification, which immediately followed this section, was deleted 11-28-2006 by Ord. No. 37-06.