Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
As used in this chapter:
ACCESSORY BUILDING
Shall mean a separate and subordinate building, on the same lot with a principal structure or a portion of a principal structure, occupied or devoted exclusively to an accessory use, whether or not the accessory building has a foundation. Where an accessory building is attached to a principal structure by any means, such accessory building shall be considered part of the principal structure for the purposes of determining height and setback requirements. (See Table 507, Setback Requirements, Accessory Buildings and Structures.[1])
[Ord. #1429, 5-29-2001, amended]
ACCESSORY STRUCTURE
Shall mean a separate and subordinate structure, on the same lot with a principal structure or a portion of a principal structure, devoted exclusively to an accessory use, whether or not the accessory structure has a foundation. Where an accessory structure is attached to a principal structure by any means, such accessory structure shall be considered part of the principal structure for the purposes of determining height and setback requirements. (See Table 507, Setback Requirements, Accessory Buildings and Structures.)
[Ord. #1429, 5-29-2001, amended]
ACCESSORY USE
Shall mean use naturally and normally incident and subordinate to the principal use of a structure or lot and located on the same lot as the principal use to which it relates.
ACTIVE RECREATION
Shall mean leisure time activities, usually formal in nature, performed with others, often requiring special equipment and/or specially designed places, sites or fields, during which those engaged in the activity are involved in physical exercises.
ADMINISTRATIVE OFFICER
Shall mean the Township Administrator of the Township.
ADT
Shall mean average daily motor vehicle traffic.
ADULT DAY-CARE CENTER
Shall mean an establishment providing for the day-time care, supervision and protection of individuals who are either over the age of 21 and disabled, or 55 years of age or older.
[Ord. #1420, 11-9-2000, added]
ADVERSE EFFECT (OR CONDITION)
Shall mean conditions or situations creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or off-tract property such as, but not limited to, improper circulation and drainage as set forth in N.J.S.A. 40:55D-1 et seq., as amended, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, lots located in manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace, lots of insufficient size, and insufficient allowance for access to the interior portion of the remaining lands or for other facilities required by this chapter.
AGRICULTURE
Shall mean the cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture and forestry, whether for profit, private or personal use.
ALTERATION
Shall mean any change, addition or modification in the construction or arrangement of a building or site.
ANIMAL HOSPITAL
Shall mean a place where animals or pets are given medical or surgical treatment. Use as an animal kennel shall be limited to short-term boarding and shall be incidental to such hospital use.
ANIMAL KENNEL
Shall mean any building, structure or premises in which cats, dogs or other domesticated animals are kept, boarded, bred or trained for commercial gain. Animal kennels are prohibited in all zones.
APARTMENT
Shall mean a dwelling unit which is part of or is attached to one or more dwelling units.
APPLICANT
Shall mean the landowner or any other person, partnership, corporation or public agency authorized to act for and acting for the landowner and submitting an application for development under this chapter.
AS-BUILT PLANS
Shall mean original design documents which have been certified to reflect that actual construction conforms to the documents or modified to reflect actual construction.
ASSISTED LIVING FACILITY
Shall mean a facility which is licensed by the New Jersey State Department of Health and has obtained an approved application for a certificate of need from the Department to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. A lockable door may be omitted for special needs units, such as those housing patients with Alzheimer's disease or similar afflictions and for which immediate staff access is necessary for the safety of the resident. A coordinated array of supportive personal and health services available 24 hours a day are usually provided. (Source N.J.A.C. 8:36-1.3.)
[Ord. # 1363, 7-29-1999, added]
ASSISTED LIVING UNITS
Shall mean an apartment dwelling unit which contains living, sleeping and sanitary facility accommodations, where residents meet the requirements for "assisted living residences" as defined by the State of New Jersey within N.J.A.C. 8:36 et seq., thereby requiring assistance in normal daily living activities between "independent living" and "nursing care."
[Ord. # 1363, 7-29-1999, added]
AUTO SALES AND SHOWROOMS
Shall mean the display and/or sale of new or used motor vehicles of any type.
AUTOMOTIVE SERVICE STATION (GASOLINE STATION)
Shall mean a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly to motor vehicles, including sale of accessories, greasing, oiling and light motor service on the premises.
BALANCED RESIDENTIAL COMPLEX
Shall mean a form of planned development (PRD-1). See Subsection 21-10.14.
BASEMENT
Shall mean a portion of the building partly underground, but having more than 1/2 its clear height above the average grade of the adjoining ground and having at least one means of egress directly to the exterior part of the building. (See "cellar.") In a residential structure, a basement shall not be considered a story.
BEDROOM
Shall mean a room planned or used primarily for sleeping.
BERM
Shall mean in the case of landscaping, a graded landscaped mounding of earth. In the case of roadway or similar construction, a graded, unpaved area adjacent to the roadway pavement that will function in an emergency as a paved shoulder.
BILLBOARD
Shall mean any structure or portion thereof on which lettered or pictorial matter is displayed for the purposes of advertising a service or product not related to the lot on which the billboard is erected. Except as otherwise provided for in this chapter, billboards are prohibited in all zones.
[Ord. #1809, 9-13-2005, amended]
BLOCK
Shall mean the area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of the minimum size required in this chapter.
BOARD
Shall mean the planning board or the Zoning Board of Adjustment of the Township, as the case may be.
BOND
See "guarantee."
BUFFER
Shall mean a strip of land of specified width containing natural woodlands, earth mounds or other planted screening material, and separating one kind of land use from another or separating a planned development from any other form of development.
BUILDING
Shall mean any combination of materials forming a single structure which is erected on the ground and permanently affixed thereto, designed, intended or arranged for the housing, shelter or enclosure of persons, animals or property of any kind. A building divided by unpierced masonry division walls extending from the ground to or through the underside of the roof shall be deemed a single structure for the purposes of this chapter. (See "structure.")
BUILDING ENVELOPE
Shall mean an area, frequently described by building setback lines, depicting the area within which the building(s) will be constructed.
BUILDING HEIGHT
(See "height of structure.")
BUILDING INSPECTOR
See "Construction Code Enforcement Official."
BUILDING LINE (building setback line)
Shall mean a line drawn parallel to the street or lot line in such a manner that the minimum front, rear and side yards are provided for.
BUILDING, PRINCIPAL
Shall mean a building which is the principal structure on a lot. (See "principal structure.")
BUSINESS
Shall mean one of the following types of business development:
A. 
Shall mean retail sales and services and professional offices designed and intended to serve the needs of the residents of a substantial portion of the Township.
B. 
Shall mean retail sales and services and professional offices designed and intended to serve the needs of residents in the immediate vicinity.
C. 
Shall mean retail sales and services and professional offices intended to serve the needs of residents in the immediate vicinity while retaining a predominantly residential appearance and character.
CABLE TELEVISION COMPANY or CATV COMPANY
Means any person owning, controlling, operating or managing a cable television system, and the term "person" as used herein shall be construed, without limiting the generality thereof, to include specifically any agency or instrumentality of this state or if any of its political subdivisions; but this definition shall not include a telephone, telegraph or electric utility company regulated by the Board of Regulatory Commissioners in a case where it merely leases or rents or otherwise provides to a CATV company wires, conduits, cables or pole space used in the redistribution of television signals to or toward subscribers or customers of such CATV Company.
CARPORT
Shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CARTWAY
Shall mean that area on a road within which vehicles are permitted, including travel lanes and parking areas but not including shoulders, curbs, sidewalks, swales or other auxiliary areas.
CELLAR
Shall mean a portion of the building partly underground, but having more than 1/2 of its clear height below the average grade of the adjoining ground and having no means of egress directly to the exterior of the building. (See "basement.") A cellar shall not be used as a dwelling unit.
CERTIFICATION by the Township Engineer
Shall mean written endorsement by the Township Engineer of a plan or completed improvement. Certification of completeness shall mean written resolution by the Board of the completeness of an application for development.
[Ord. #1456, 4-10-2001, amended]
CHANNEL
Shall mean a watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHANGE IN USE
Shall mean the use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured, or external impacts, but not including a change in ownership or occupancy unless the nature or intensity of the use, as described above, is changed.
CHILD CARE CENTER
Shall mean any facility which is maintained for the care, development or supervision of six or more children and where tuition fees or other forms of compensation for the care of children are charged and which is required to be licensed by the Department of Human Service pursuant to N.J.S.A. 30:5B-1 et seq. as amended from time to time.
CIRCULATION
Shall mean 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 TRIANGLE
Shall mean the triangle formed by the point of intersection of the right-of-way lines of two intersecting streets and the points on each of the intersection right-of-way lines at a given distance from the point of intersection.
CLUSTER
See "residential cluster development."
COAH
Shall mean the New Jersey Council on Affordable Housing.
COMMON ELEMENTS
Shall mean open space, buildings, structures, recreational facilities, utilities and other improvements owned by and/or operated for the benefit of the residents in common, including but not limited to swimming pools, tennis courts, building structures and entries, roads, drainage systems, pedestrian and bicycle pathways and other facilities.
COMMON OPEN SPACE
Shall mean an open space area in common ownership. (See "open space.")
COMMON OWNERSHIP
Shall mean ownership of land and/or real improvements by an association, cooperative or the like.
COMMERCIAL VEHICLES
Shall mean any commercially registered vehicle except a passenger car with no advertising matter exposed to view. Vehicles normally associated with commercial use, but not registered as a commercial use, shall be deemed commercial vehicles.
CONCEPTUAL PLAN
Shall mean a development plan for a tract depicting the overall development of the tract, showing proposed roadways, drainage facilities, etc. in a general manner without sufficient detail to be classified as a preliminary development plan.
CONDITIONAL USE
Shall mean a use permitted in a particular zone 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 approval of a development plan therefor by the Board.
CONDOMINIUM ASSOCIATION
Shall mean the entity responsible for the administration and maintenance of the common property and common elements of a condominium.
[Ord. #1909, 11-28-2006, added]
CONFERENCE INN
Shall mean one or more structures on a site designed to accommodate individuals or groups of persons with the primary purpose of providing formal or informal education, training facilities, lectures and business and commerce meeting facilities for those individuals or groups of persons. A conference inn shall provide living accommodations, dining and entertainment facilities as well as resource centers, media rooms and meeting rooms and may also provide indoor and outdoor recreation areas, indoor and outdoor swimming pools and other such accessory uses as may be subordinate and customarily incidental to the principal use.
CONGREGATE RESIDENCES
Shall mean rental apartments and dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational services, transportation services and other support services appropriate for senior residents over 62 years of age.
[Ord. #1420, 11-9-2000, added]
CONSERVATION EASEMENT
Shall mean an area of land that has been precluded from future development. Conservation easements may be bermed and landscaped if initially an open area or left in a natural state if heavily wooded. Conservation easements shall not be disturbed except for maintenance of the landscape buffer.
[Ord. #1228, § 3, 8-21-1997, added]
CONSTRUCTION CODE ENFORCEMENT OFFICIAL
Shall mean the municipal official designated by the Township Committee to enforce the Uniform Construction Code.
CONTINUING CARE RETIREMENT COMMUNITY
Shall mean the provision of lodging and nursing, medical or other related services at the same or another location to an individual 62 years of age or older, with or without a spouse or other members of the person's housekeeping unit, 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. A fee which is less than the sum of the regular periodic charges for one year of residency is not considered an entrance fee.
CORNER LOT
See "lot, corner."
COUNTRY INN
Shall be defined as a building or group of buildings containing sleeping rooms for short-term occupancy, as well as any of the following facilities: eating and cooking facilities, meeting rooms, a fitness facility/health center and customary and usual accessory uses. Any fitness facility/health center shall be restricted to country inn guests and may be available to the general public on a membership-only basis. All primary access to rooms shall be through common interior corridors.
COVERAGE, BUILDING
Shall mean the portion of a lot, expressed as a percentage of the lot area, covered by buildings or structures, including all areas under a roof, excluding open decks and porches not enclosed by walls or a roof.
[Ord. #2255, 12-10-2013, added]
COVERAGE or LOT COVERAGE
Shall mean the portion of a lot, expressed as a percentage of the lot area, covered by any of the following:
[Ord. #2255, 12-10-2013, amended]
A. 
Buildings or structures, including all areas under a roof, excluding open decks not enclosed by walls or a roof.
B. 
Parking areas, loading areas, driveways, and other areas designed for vehicular use, regardless of the surface material.
C. 
Patios and walkways, regardless of the surface material.
D. 
The water surface of all swimming pools, fountains, and man-made ponds.
E. 
Any impervious surface, whether or not listed above.
CUL-DE-SAC (DEAD-END STREET)
See "street."
DATE OF DECISION
Shall mean the date of adoption of a resolution memorializing an action by the Board.
DAYS
Shall mean calendar days.
DBH
Shall mean diameter of a tree trunk measured at breast height (3 feet 6 inches above ground level).
DELIVERY RESTAURANT
Shall mean any establishment, however designated, from which food and/or beverages are sold in a form ready for consumption, primarily for consumption off the premises, and for which 75% or more of the number of orders and/or 75% or more of the quantity of goods sold and/or 75% or more of the sales revenues are intended to be by way of deliveries, to be made by a limited number of motor vehicles owned or being used on behalf of the establishment.
DENSITY
Shall mean the permitted number of dwelling units per gross area of land to be developed.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels; or the construction, reconstruction, conversion, alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; or any change in use or intensity of use of any building or other structure of land; or any alteration of a site for which permission may be required pursuant to this chapter. Development shall also mean the construction of a road or installation of drainage facilities or (except on existing roads) underground utilities but shall not include the paving, repaving or repair of an existing road or driveway which does not involve the installation of drainage facilities.
DEVELOPMENT FEES
Shall mean money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
DEVELOPMENT PLAN
Shall mean the application form and all accompanying documents required by this chapter for consideration by the Board for approval. A development plan includes a minor subdivision, major subdivision, site plan, planned development, conditional use, request for variance relief, issuance of a permit or any development as defined as above, or any combination of these terms.
[Ord. #1429, 5-29-2001, amended]
DEVELOPMENT SCHEDULE
Shall mean a construction schedule and plan showing the year and/or stage during which each portion of a development will be constructed.
[Ord. #1429, 5-29-2001, amended]
DISPOSAL BED
Shall mean an individual subsurface sewage disposal system component consisting of a closed excavation made within soil or fill material to contain filter material in which two or more distribution laterals have been placed for the disposal of septic tank effluent.
[Ord. #1857, 3-14-2006, added]
DISPOSAL FIELD
Shall mean a disposal bed or group of one or more disposal trenches. The perimeter of the disposal field corresponds to the perimeter of the disposal bed, or a line circumscribing the outermost edges of the outermost disposal trenches and including the area between the disposal trenches.
[Ord. #1857, 3-14-2006, added]
DISPOSAL TRENCH
Shall mean an individual subsurface sewage disposal system component of a covered excavation made within soil or fill material to contain filter material in which a single distribution lateral has been placed for the disposal of septic tank effluent.
[Ord. #1857, 3-14-2006, added]
DRAINAGE RIGHT-OF-WAY (OR EASEMENT)
Shall mean the lands required for the installation of storm 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 N.J.S.A. 58:1-1 to 58:1-34.
DRIP LINE
Shall mean a limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk.
[Ord. #1357, 6-29-1999, added]
DRIVEWAY
Shall mean a private roadway providing access for motor vehicles to a garage, dwelling or other building.
DRIVE-IN USE
Shall mean an establishment that by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.
[Ord. #1407, 5-9-2000, added]
DRYLANDS R-5
Shall mean that portion of the R-5 Zone not defined as R-5 Lowlands. (See "Lowlands, R-5.")
DUPLEX
See "dwelling units, types."
DWELLING UNIT
Shall mean a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require access through another dwelling or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.
A. 
Shall mean a freestanding residential building which contains one dwelling unit and which has no walls common with any other dwelling unit.
B. 
Shall mean a dwelling unit sharing a common horizontal or vertical separation with only one other dwelling unit.
C. 
Shall mean more than two dwelling units sharing vertical common walls and/or common horizontal separations in a single structure.
D. 
Shall mean a freestanding residential building containing one dwelling unit, which has no walls common with any other dwelling unit and which may be constructed on a fee simple lot or within common property to be maintained by an association.
EFFICIENCY
Shall mean a residential dwelling unit without a separate bedroom. However, for the purposes of this chapter, an efficiency shall be considered a one-bedroom unit.
ENVIRONMENTAL COMMISSION
Shall mean the Township Environmental Commission, a municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTALLY RESTRICTED
See "lands (classified)."
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
Shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee.
EVALUATION
Shall mean a written statement, documented by maps and charts as appropriate, examining, discussing and evaluating the impacts of a particular aspect of a proposed development. An evaluation in this context shall include a comparison of the development and its impacts, as appropriate, with applicable standards as set forth in this chapter. If no standards in this chapter are applicable to the particular aspect which is the subject of the evaluation, then the comparison shall be with generally accepted standards.
EXCEPTION
Shall mean a deviation from the regulations of Article V. In order to obtain an exception, the applicant must provide public notice, and the Board must reach a determination in accordance with Subsection 21-4.7, paragraph g.
EXTERNAL IMPACT
Shall mean the change off-tract resulting from the implementation of a development plan relating to such items, but not limited to, traffic, drainage, light, noise, etc.
FACADE
Shall mean the exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
[Ord. #1715, 4-13-2004, added]
FAMILY DAY-CARE HOME
Shall mean the private residence of a family day-care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act", P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.), as amended from time to time.
[Ord. #1429, 5-29-2001, amended]
FARM
Shall mean a parcel of land consisting of five acres or more whose principal use is agriculture, forestry, horticulture, floriculture or animal husbandry. A farm shall not include the area of land devoted to a farmhouse and its accessory structures, although a farmhouse may exist on the same lot as a farm, provided that the area of land devoted to the farmhouse and its accessory structures meets the required minimum lot area for a single-family residence in the zone. (See "Agriculture" and "Livestock, raising and keeping of.")
FINAL APPROVAL
Shall mean the official action of a board taken on an approved preliminary development plan after all requirements, conditions, engineering plans, etc., have been completed and the required improvements installed or guaranties properly posted for their completion. A development plan that receives such final approval must have been prepared by a licensed professional engineer and/or land surveyor in compliance with all of the provisions of N.J.S.A. 46:23-9.9 et seq. and, in the case of a subdivision, includes the map to be filed with the county recording officer in accordance with N.J.S.A. 40:55D-54.
FINAL DEVELOPMENT PLAN
Shall mean the final map of all or a portion of the development plan which is presented to the Board for final approval in accordance with these regulations and which, if approved, and as required, shall be filed with the county recording officer.
FISCAL SYSTEM
Shall mean the current income and expenditures of the Township, and/or of a school district and/or other district and/or public authority falling wholly or partly within the Township.
FLAG LOT DEVELOPMENT
Shall mean a form of development permitted in the R-1, R-2 and R-3 Zones only, which shall be processed as a minor subdivision (see Section 21-52). The following definitions shall apply:
[Ord. #1429, 5-29-2001, amended]
A. 
Shall mean a lot comprised of the staff and flag (see Figure 201[2]).
B. 
Shall mean that portion of the flag lot within which all structures must be located and which is connected to a public road by the staff.
C. 
Shall mean that portion of the flag lot which connects the flag to the public road.
D. 
Shall mean that portion of the original tract other than the flag lot.
FLOOD DAMAGE PREVENTION ORDINANCE
Shall mean Bernards Township Chapter XXV "An Ordinance of the Township Committee of the Township of Bernards Providing for Flood Damage Prevention," as from time to time amended.
FLOOD HAZARD AREA
Shall mean the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year as delineated on the flood maps. This term has the same meaning as "area of special flood hazard," as used in the Flood Damage Prevention Ordinance.
[Ord. #2317, 8-25-2015, amended]
FLOOD MAP
Shall mean the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard (flood hazard areas) and the risk premium zones applicable to the community as periodically amended. The term "flood map" shall include reports and other related documentation from FEMA used to establish special flood hazard areas. This term has the same meaning as "Flood Insurance Rate Map" ("FIRM") as used in the Flood Damage Prevention Ordinance.
[Ord. #2317,[3] 8-25-2015, amended]
FLOODPLAIN
Shall mean that area encompassing the floodway and flood hazard area of every watercourse designated on the flood maps.
[Ord. #2317, 8-25-2015, amended]
FLOODWAY
Shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge a flood having a one-percent chance of being equaled or exceeded in any given year, without cumulatively increasing the water surface elevation more than 0.2 foot. Such flood is referred to as "the base flood" in the Flood Damage Prevention Ordinance.
FLOOR AREA
Shall mean the area of all floors computed by using the dimensions of the outside walls of each floor of a building. Only those areas having five feet or more of clear headroom with completed floors, ceilings and partitions may be considered in computing the second floor area of a one-and-one-half-story house and at least 1/2 of the included second floor area shall have a minimum ceiling height of seven feet six inches. Cellars (but not basements), porches, balconies, patios, terraces, breezeways, enclosed pedestrian walkways, carports, verandas and garages are excluded, as is enclosed parking for nonresidential use except that enclosed porches and patios which are heated and used year-round shall be counted in computing the floor area.
FLOOR AREA RATIO (F.A.R.)
Shall mean the sum of the area of all floors of buildings or structures compared to the total area of the site.
FREESTANDING RESTAURANT
Shall mean any restaurant that is not attached to or part of another building.
FRONT LOT LINE
See "lot line, front."
FRONT YARD
See "yards."
GARAGE, PRIVATE
Shall mean a detached accessory building or portion of the principal building designed primarily for the storage of passenger vehicles and not more than one commercial vehicle with a rated capacity not exceeding 8,500 GVW.
GARAGE, PUBLIC
Shall mean any building, premises or land, other than an automotive service station, in which or upon which a business, service or industry involving the storage, maintenance, cleaning or major repair of motor vehicles, or the retail sale or rental of new or used motor vehicles, prepackaged motor fuels or motor vehicle parts is conducted or rendered.
GOVERNING BODY
Shall mean the Township Committee of the Township of Bernards.[4]
GRADING
Shall mean any stripping, cutting, filling, stockpiling or combination thereof (See "stripping.")
GROSS LEASABLE AREA
Shall mean the total area within a commercial or industrial structure available or proposed for rent or lease.
GUARANTEE
Shall mean any security which may be accepted by the Township, including, without limitation, cash or a bond in the form of a surety underwritten by an insurance company approved by the State of New Jersey in a form approved by the Township Committee.
HAZARDOUS MATERIALS
Shall mean and include, but is not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metal-organic derivatives; and coal tar acids, such as phenols and creosols, and their salts.
HEALTH CLUB
Shall mean an establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities and saunas, showers, whirlpools and lockers. The establishment may also include pro shops selling a variety of sports, equipment and clothing. Instruction programs, aerobic classes and weight control programs may be part of the club. The establishment shall be open only to members and guests on a membership basis and not to the public at large paying a daily admission fee.
[Ord. #1407, 5-9-2000, added]
HEIGHT OF STRUCTURE
Shall mean the vertical distance from grade to the top of the highest roof beams of a flat roof, or highest gable or slope of a hip roof. Height of structure shall be measured as follows (See Figure 206 at the end of this chapter.):
A. 
For a new building within a newly approved subdivision, height shall be measured from finished grade. Finished grade shall be based upon the approved subdivision grading plan, which shall be shown on the building permit plot plan to be approved by the Township Engineer.
B. 
For a new building not within a newly approved subdivision, height shall be measured from finished grade. However, if finished grade is more than three feet above existing grade, height shall be measured from a reference plane representing a level three feet above existing grade. The correct reference plane from which to measure shall be determined by comparing the calculated existing grade to the calculated finished grade.
C. 
For an existing building, including an addition to an existing building, height shall be measured from finished grade.
D. 
When measuring height of structure, the following rules shall apply:
[Ord. #1429, 5-29-2001, amended; Ord. #1945, 6-12-2007, amended]
(1) 
The term "grade" shall mean reference plane representing the average ground level adjoining the building at all exterior walls. "Existing grade" shall mean the existing, pre-disturbance grade and "finished grade" shall mean the proposed, post-construction grade.
(2) 
"Average ground level" shall be calculated using measurements taken 10 feet apart.
(3) 
For a residential structure with a walk-out or day-light rear basement or cellar wall with a minimum four-foot exposure above finished grade, the rear wall shall be excluded when calculating the average ground level, provided that on a corner lot or through lot, screening shall be provided to lessen the visual impact of the rear wall on the street, consistent with Subsection 21-43.4.
HISTORIC SITE
Shall mean any building, structure, area of property that is significant in the history, architecture, archaeology or culture of the state, its communities or the nation and that has been so designated by a federal, state or local governing body.
HOME OFFICE
Shall mean the office of a physician, surgeon, dentist, attorney at law, architect, artist, real estate broker, scientist, mathematician, engineer, planner or person of like profession, which office is located within the residence of the person who practices such profession.
HOME OFFICES (EXEMPT)
Shall include any activity carried out for gain by a resident and conducted as an incidental and accessory use in the resident's dwelling unit and which meets the requirements set forth in Subsections 21-10.4a.1(g) and 21-10.14a.1(e) of the Land Development Chapter.
HOMEOWNERS' ASSOCIATION
Shall mean a community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
[Ord. #1909, 11-28-2006, added]
HORSE TRAILER
See "trailer."
HOUSEKEEPING UNIT
Shall mean one or more persons living together in one dwelling unit and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
HOUSE OF WORSHIP
Shall mean a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting on a regular basis formal religious services by a religious congregation.
IMPACT
Shall mean the projected or measured effect of a proposed development on a public facility or service, on the natural environment, on the fiscal balance of the Township, its school districts and/or other local public agencies.
IMPERVIOUS SURFACE
Shall mean a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. "Impervious surface" shall not include solar panels as expressly excluded pursuant to N.J.S.A. 40-55D-38.1.
[Ord. #2255, 12-10-2013, added]
INDEPENDENT LIVING
Shall mean the performing of normal daily activities without the need for assisted living care.
INDEPENDENT LIVING UNIT
Shall mean an age-restricted dwelling unit designed and intended for persons capable of independent living. Independent living units may consist of single-family detached housing, single-family attached, duplexes and other multifamily structures.
INSTITUTIONAL USE
Shall mean a use by a public or nonprofit quasi-public, or private institution for educational, religious, charitable, medical or civic purposes.
INTERSECTION
Shall mean a point where two or more streets meet and/or cross.
JUDGMENT OF REPOSE
Shall mean a judgment issued by the Superior Court approving the Township's plan to satisfy its fair share obligation.
KENNEL(S)
See "animal kennel(s)."
A. 
Shall mean lands within a floodway or with slopes in excess of 25%.
B. 
Shall mean lands within special flood hazard areas as delineated on the flood maps, lands defined as R-5 Lowlands by this chapter, or lands with slopes in excess of 15%, not exceeding 25%.
[Ord. #2317, 8-25-2015, amended]
C. 
Shall mean lands that are not classified as environmentally restricted or restricted.
D. 
See Section 21-14.
LIGHT MANUFACTURING
Shall mean an activity which involves the assembly of products from previously prepared materials and which does not involve the synthesis of chemicals or the processing of raw materials.
LIQUOR STORE
Shall mean the retail sale of alcoholic beverages (package goods).
LIVESTOCK, RAISING AND KEEPING OF
Shall mean the breeding and quartering of horses, cows, ponies, sheep, goats or other farm animals. This term shall not include the keeping of cats, dogs or other domesticated animals in kennels.
LOADING SPACE
Shall mean an off-street space or berth located on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading.
[Ord. #1429, 5-29-2001, amended]
LOCAL UTILITY
Shall mean any sewerage authority created pursuant to the Sewerage Authorities Law, N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-1 et seq.; or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
LONG-TERM-CARE FACILITY
Shall mean an institution or a distinct part of an institution that 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 members by marriage, blood or adoption, including but not limited to a skilled-nursing facility, an intermediate-care facility, governmental medical institutions or residential/in-patient hospice entities.
[Ord. #1420, 11-9-2000, added]
LONG-TERM-CARE UNIT
Shall mean a unit in which twenty-four-hour medical supervised skilled nursing, intermediate care, or residential hospice is provided, which is part of an institution licensed to provide such services.
[Ord. #2248, 10-29-2013, added]
LOT
Shall mean 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.
[Ord. #2255, 12-10-2013, amended]
LOT AREA
Shall mean the total area included within the property lines. Where the property line extends to the center line of a street and the street right-of-way width has not been determined, the area of the lot for the purposes of this chapter shall not include land within 25 feet of the center line of the street. Where a right-of-way width is shown on either a subdivision plat or adopted master plan or official map, the area of the lot shall not include any portion of the actual or proposed right-of-way.
LOT, CORNER
Shall mean a lot fronting on two or more streets at their intersection(s). A corner lot shall have two or more front yards and may have a side yard and/or a rear yard.
[Ord. #1429, 5-29-2001, amended]
LOT, FLAG
See "flag lot development."
LOT FRONTAGE
Shall mean the horizontal distance between side lot lines measured along the street right-of-way line. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
LOT LINE
Shall mean a line of record bounding a lot.
LOT LINE, FRONT
Shall mean the lot line separating the lot from the street right-of-way.
LOT LINE, REAR
Shall mean the lot line opposite and most distant from the front lot line or the point at which the two side lot lines meet in the case of a triangular lot.
LOT LINE, SIDE
Shall mean any lot line other than a front or rear lot line.
LOT, THROUGH
Shall mean a lot fronting on two streets which do not intersect each other at the boundaries of the lot. A through lot shall have two side yards and two front yards. The principal front yard shall be designated on the approved site plan, subdivision map or individual plot plan. The other front yard would only be considered a front yard for the distance established by the front yard setback required for that zone. The area between the rear of the building to the line established by the front yard setback would be considered a rear yard in all aspects except for fencing. Fencing in this rear yard area shall be to front yard standards. (See Figure 203.[5])
[Ord. #1228, § 1, 8-21-1997, amended; Ord. #1429, 5-29-2001, amended]
LOT WIDTH
Shall mean the distance between the side lot lines measured along a line drawn parallel to the front lot line at a distance from the front lot line equal to the minimum front yard setback. Where the minimum width is required to be increased as a result of being a corner lot, only one width need be increased. For cul-de-sac or pie-shaped lots in existence or preliminary approved as of February 12, 2008, the lot width shall be measured at the actual or approved location of the house, but not closer to the street right-of-way than the minimum front yard setback.
[Ord. #1429, 5-29-2001, amended; Ord. #1999, § 1, 2-12-2008, amended]
LOW-INCOME HOUSEHOLD
Shall mean a household having a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region as established by the New Jersey Council on Affordable Housing in which Bernards Township is located.
LOW-INCOME HOUSING
Shall mean 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 low-income households.
LOWER-INCOME HOUSEHOLD
Shall include low-income households and moderate-income households.
LOWER-INCOME HOUSING
Shall include low-income housing and moderate-income housing.
LOWLANDS, R-5
Shall mean certain areas of the R-5 Zone are specifically designated as R-5 Lowlands:
[Ord. #1429, 5-29-2001, amended]
A. 
For lands within the R-5 Zone generally west of Acken Road, R-5 Lowlands shall be that area of the zone with an elevation of less than 219 based on USCGS datum.
B. 
For lands within the R-5 Zone between Acken Road and King George Road, R-5 Lowlands shall be that area of the zone with an elevation of less than 218 based on USCGS datum.
MAINTENANCE GUARANTY
Shall mean security that may be accepted by the Township for the maintenance of any improvements required by this chapter. (See "guaranty.")
MAJOR SUBDIVISION
Shall mean any subdivision not classified as a minor subdivision. (See "development plan.")
MASTER PLAN
Shall mean a composite of one or more written or graphic proposals for the development of Bernards Township setting forth the natural, physical and economic development capacities and goals for the Township which have been adopted by the Planning Board.
MEMORIALIZATION, RESOLUTION OF
Shall mean a resolution setting forth the decision of the Board on a particular application, including the findings of fact, reasons for the decision and conditions of approval, if any.
MEMORY-CARE UNIT
Shall mean either an assisted-living unit or a nursing-care unit for individuals who require such care due to dementia or some form of memory infirmary.
[Ord. #2248, 10-29-2013, added]
MINOR SUBDIVISION
Shall mean a subdivision of land that does not involve the creation of more than one additional lot, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated. The subdivision of a lot or lots from a tract of land which has previously received final approval as a minor subdivision shall not be classified as a minor subdivision. The rearrangement of a lot line or lines involving more than three initial lots shall not be classified as a minor subdivision but shall instead be classified as a major subdivision. (See "development plan.")[6]
MINOR SUBDIVISION PLAT
See "final development plan."
MODERATE-INCOME HOUSEHOLD
Shall mean a household having a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region as established by the New Jersey Council on Affordable Housing in which Bernards Township is located.
MODERATE-INCOME HOUSING
Shall mean 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 voccupancy by moderate-income households.[7]
MOTOR VEHICLE TRIP END
Shall mean the origin or destination of a vehicular trip.
MULTIFAMILY DWELLING UNIT
See "dwelling unit, types."
MUNICIPAL AGENCY
Shall mean the Planning Board, Zoning Board of Adjustment or Township Committee of the Township.
MUNICIPALITY
Shall mean the Township of Bernards.
MUNICIPAL LAND USE LAW
Shall mean N.J.S.A. 40:55D-1 et seq.
NATURAL FEATURES
Shall mean having or constituting features existing in a natural setting; implanting or being as if implanted by nature.
[Ord. #1357, 6-29-1999, added]
NATURAL RESOURCE CONSERVATION DEVELOPMENT
Shall mean a development plan involving a tract to be developed with single-family dwelling units and appurtenant common open space areas reserved for conservation, agricultural, recreational and viewshed management purposes to benefit the residents of the development.
[Ord. #1932, 4-10-2007, added]
NEIGHBORHOOD SHOPPING CENTER
See "shopping center."
NONCONFORMING LOT
Shall mean a lot, the area, dimensions or location of which was lawful prior to the adoption of this chapter, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption.
NONCONFORMING STRUCTURE (OR BUILDING)
Shall mean a structure, the size, dimensions or location of which was lawful prior to the adoption of this chapter, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption of this chapter but which fails to conform to the requirements of the zone in which it is located by reason of such adoption.
NONPROFIT ORGANIZATION
Shall mean, as used in this chapter, any private, nonprofit organization (including a state or locally chartered, nonprofit organization) that is organized under state or local laws (including the Limited-Dividend Nonprofit Housing Corporations or Associations Law, N.J.S.A. 55:16-1 et seq.[8]), has no part of its net earnings inuring to the benefit of any member, founder, contributor or individual, and has among its purposes significant and substantial activities related to the provision of low-income and moderate-income housing that is affordable to low-income and moderate-income persons or households.
[Ord. #1420, 11-9-2000, added]
NURSING CARE
Shall mean the provision of full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
NURSING UNIT
Shall mean an age-restricted facility for the housing of persons in need of nursing care as defined in this section.
A. 
Shall mean executive and administrative offices including professional offices.
B. 
Shall mean office uses for the medical, legal, financial, design, real estate and scientific (excluding research) professions and the arts.
OFFICIAL COUNTY MAP
Shall mean the map, with changes and additions therein, adopted and established by resolution of the Board of Chosen Freeholders of Somerset County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
Shall mean a map adopted in accordance with the provisions of N.J.S.A. 40:55D-32 et seq. Such map shall be deemed to be conclusive with respect to the location and widths of streets, public parks and playgrounds, and drainage rights-of-way shown thereon.
OFF-SITE
Shall mean 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 the development plan or on a contiguous portion of a street or right-of-way.
OFF-TRACT
Shall mean not located on the property which is the subject of a development plan nor on a contiguous portion of a street or right-of-way.
OFF-TRACT IMPROVEMENT
Shall mean a new street, water, sewage or drainage improvement or extension or modification of an existing improvement which is not located on the property which is the subject of a development plan nor on a contiguous portion of a street or right-of-way and which includes either of the following:
A. 
All improvements of the types required for on-tract installation, where the need for providing for such improvements off-tract is, in whole or in part, made necessary by the proposed development plan and where such improvements will confer a benefit upon the lands which are the subject of the development plan.
B. 
Any improvement or facility, the installation of which is required in the public interest but which would not otherwise be required except for the improvement of the lands which are the subject of the development plan and the installation of which would confer a benefit upon the lands which are the subject of the development plan. In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary and in the public interest.
ON-SITE
Shall mean located on the lot in question.
ON-SITE SEWAGE TREATMENT
Shall mean the treatment and disposal of sanitary waste material in a manner whereby the effluent is recharged into the ground on-site.
ON TRACT
Shall mean located on the property which is the subject of a development plan or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Shall mean 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/or owners of the development. Open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of the residents and/or owners of the development. Additionally, open space may be any parcel or area of land set aside, dedicated, designated, or received for public use.
OUTDOOR
Shall mean in the open air, not inside a building or structure, of or relating to the outdoors, not enclosed; having no roof.
[Ord. #1909, 11-28-2006, added]
PARABOLIC SATELLITE ANTENNA
Shall mean any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals and which is characterized by a round dish-type structure.
PARKING SPACE
Shall mean an area either within a structure or in the open, for the parking of a motor vehicle, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for dwelling units from being considered off-street parking areas provided that no portion of a private driveway lying within the right-of-way of the intersecting street shall be considered part of an off-street parking space. A parking space is intended to be of sufficient area to accommodate the exterior extremities of a vehicle, whether or not in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PATH
Shall mean a cleared way for pedestrians and/or bicycles to travel which may or may not be paved.
PERCOLATION TEST
Shall mean a test designed to determine the ability of ground to absorb water and conducted in accordance with the standards set forth in P.L. 199.
PERFORMANCE GUARANTEE
Shall mean any security that may be accepted by the municipality for the performance of any improvements required by this chapter. (See "guarantee.")
PERMITTED USE
Shall mean any use which is allowed by the provisions of this chapter.
PHT
Shall mean peak hour motor vehicle traffic.
PLAN
See "development plan."
PLANNED DEVELOPMENT
Shall mean development in accordance with planned development as defined and provided for at N.J.S.A. 40:55D-1 et seq.
[Ord. #1429, 5-29-2001, amended]
A. 
Shall mean an area of a minimum contiguous size as specified by this chapter, to be developed according to a development plan as a single entity and containing residential dwelling units with appurtenant common areas and which may include appropriate commercial, public or quasi-public uses, all primarily for the benefit of the residents of the development. (See section 21-10.14.)
B. 
Shall mean an area with a minimum contiguous acreage of 1,000 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public or commercial areas in such ranges of ratios of nonresidential uses to residential uses as are specified in this chapter.
PLAT
The term "plat" is used interchangeably in this chapter with the term "development plan."
PRELIMINARY APPROVAL
Shall mean the official action of a Board taken on a preliminary development plan after the Board has determined that the established standards adopted for design, layout and development in the Township will be satisfied by the development plan. Such preliminary approval confers upon an applicant all rights provided for under N.J.S.A. 40:55D-49.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Shall mean architectural drawings prepared during the early stages of the design of a project, illustrating in a schematic form its scope, scale and pertinent detail along with its relationship to the site and immediate environs.
PRINCIPAL OCCUPANT
Shall mean the head of a household or spouse, in the case of a residential use, or the owner or lessee in the case of a nonresidential use.
PRINCIPAL STRUCTURE
Shall mean a structure arranged, adopted or designed for the predominant or primary use for which a lot is used. Unless specifically permitted by a provision of this chapter, no lot shall have more than one principal structure.
PRINCIPAL USE
Shall mean the predominant or primary use for which a lot is used. Unless specifically permitted by a provision of this chapter, no lot shall have more than one principal use.
PRIVATE ROAD
Shall mean a paved cartway which provides vehicular access to more than one dwelling unit or lot and which is not located in a public right-of-way.
PROHIBITED USE
Shall mean any use which is not specifically permitted by this chapter.
PROJECT SIZE
Shall mean the total area in acres of the tract for which a development plan is being submitted.
PUBLIC AND PRIVATE SCHOOLS
Shall mean schools through grade 12 providing primary and secondary education in subjects and classes meeting the requirements of the State Compulsory Education laws.
PUBLIC AREAS
Shall mean public parks, playgrounds, trails, paths and other recreational areas and public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC BUILDING
Shall mean a building which is owned and used by a governmental agency.
PUBLIC IMPROVEMENT
Shall mean any improvement on publicly held property, or on private property if the improvement accommodates impacts that originate off-tract or control external impacts.
PUBLIC OPEN SPACE
Shall mean an open space area conveyed or otherwise dedicated to a municipality, a municipal agency, a board of education, a State or county agency or any other public body for recreational or conservation uses. (See "open space".)
PUBLIC PURPOSE USE
Shall mean the use of land or buildings by the Township of Bernards or by any other federal, New Jersey State, Somerset County or Bernards Township governmental body including the Bernards Township Board of Education, any volunteer fire company which has been designated by ordinance as part of the Bernards Township Fire Department and any volunteer first aid squad which has been designated by ordinance as part of the Bernards Township First Aid and Emergency Department.
[Ord. #1429, 5-29-2001, amended]
PUBLIC UTILITY
Shall mean any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
QUARRYING
Shall mean the mining of stone and the business of conducting a quarry, including the sale and shipping of excavated material.
QUORUM
Shall mean the majority of the full authorized membership of a municipal agency.
REAR LOT LINE
See "lot line, rear".
REAR YARD
See "yards".
RECREATIONAL OR GAME AREA, PRIVATE
Shall mean a recreational or game area such as a tennis, paddle tennis, basketball or volleyball court provided as an accessory use on the same lot as the principal permitted use and designed to be used by the occupants of the permitted principal use and their guests without any charge or fee or membership requirements.
[Ord. #1429, 5-29-2001, added]
A. 
A self-propelled, vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term uses and which may contain cooking, sleeping and sanitary facilities.
B. 
A trailer containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use.
RESIDENTIAL CLUSTER DEVELOPMENT
Shall mean a form of development involving an area to be developed as a single entity according to a development plan containing residential housing units that have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY CREDIT
Shall mean a development right attached to the land establishing the number of dwelling units per acre which can be constructed on the land. As permitted by this chapter, residential density credits are transferable.
RESIDENTIAL HEALTH CARE UNIT
Shall mean a unit in a CCRC for occupancy by one or two persons which provides a level of care between nursing care and independent living. The care provided to occupants of such units shall include at a minimum the provision of any personal care or service beyond food, shelter and laundry, but shall not include full-time convalescent or chronic care. It shall serve as a substitute for the residents' own homes, furnishing facilities and comforts normally found in a home but providing in addition such services, equipment and safety features required for safe and adequate care of residents at all times.
RESTAURANT
Shall mean any establishment, however designated, at which food and/or beverages are sold primarily for consumption on the premises. For the purposes of this chapter, a bar or a tavern shall be considered a restaurant. (See also "delivery restaurant.")
RESTRICTED
See "lands (classified)."
A. 
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved and recorded according to law; or
B. 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved and recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
RETAIL OUTLET STORE
Shall mean a retail establishment selling a single manufacturer's product.
[Ord. #1407, 5-9-2000, added]
RETAIL SALES AND SERVICES
Shall mean the sale of goods for use or consumption off the premises, which goods are intended to meet the food, clothing, furnishing or recreational needs within the Township and/or the sale of services, which services are either arranged for or take place on the premises. Such sales and services shall be available to all residents of the Township regardless of age or sex.
RETAIL SALES, OUTDOOR (OUTDOOR RETAIL SALES)
Shall mean the display and sale of products and services primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials and lumber yards.
[Ord. #1407, 5-9-2000, added]
REVIEWING BODY
Shall mean the Planning Board, except where otherwise required by N.J.S.A. 40:55D-1 et seq.
RIGHT-OF-WAY
Shall mean the strip of land within which a road (cartway) is or may be located and which is owned by or dedicated to a public agency.
SCREEN AND SCREENING
See Subsections 21-9.6 and 21-28.1.
SETBACK LINE
See "building line (building setback line)."
SHOPPING CENTER
Shall mean a group of commercial establishments built on one tract that is planned and developed as an operating unit; it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
A. 
Shall mean a shopping center designed to accommodate a regional market, containing at least one building with a gross leasable floor area in excess of 40,000 square feet. Regional shopping centers are prohibited in all zones.
B. 
Shall mean a shopping center designed to accommodate a community market, containing no building in excess of 40,000 square feet.
SIDE LOT LINES
See "lot line, side."
SIDE YARD
See "yards."
SIGHT TRIANGLE
See "clear sight triangle."
SIGN
Shall mean any announcement, declaration, demonstration, display, illustration or insignia used to identify, promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is painted or printed directly on the building or is placed on, erected on or attached to the building or lot where it may be viewed from off-site. Displays involving actual merchandise or goods, mechanical or live animals, or humans, shall not be permitted.
SIGN, ILLUMINATED
Shall mean a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. Illuminated signs shall be classified as follows:
[Ord. #1715, 4-13-2004, added; Ord. #2240, 9-24-2013, amended]
A. 
Shall mean a sign illuminated by a separate light fixture that casts light directly on the face of the sign.
B. 
Shall mean a sign illuminated directly or indirectly by a light fixture located within the sign structure. Internal illumination includes illumination designed to project light against the surface behind the sign lettering or graphic, commonly referred to as "backlit channel lettering" or "halo lighting."
SIGN, OFF-PREMISES
Shall mean a sign which advertises a business which is not conducted or a product which is not sold on the lot where the sign is located. Except as otherwise provided for in this chapter, off-premises signs are prohibited in all zones. (See "billboard" and Subsection 21-17.4, Paragraph e.)
[Ord. #1809, 9-13-2005, amended]
SIGN, FREESTANDING
Shall mean a sign supported by uprights or braces, not affixed to a building or other structure. Freestanding signs shall be nonmovable, with the exception of temporary freestanding signs.
[Ord. #1809, 9-13-2005, added]
SIGN, TEMPORARY
Shall mean a sign that is designed or intended to be displayed for a short period of time.
[Ord. #1809, 9-13-2005, added]
SIGN, WALL-MOUNTED
Shall mean a sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign, and projecting not more than twelve inches from such building or structure, unless otherwise provided for in this chapter.
[Ord. #1809, 9-13-2005, added]
SIGN, WINDOW
Shall mean a sign attached to or painted on the inside or outside of an exterior window or which is placed or intended to be viewed through an exterior window.
[Ord. #1809, 9-13-2005, added]
SINGLE-FAMILY DETACHED DWELLING UNIT
See "dwelling units, type."
SINGLE OWNERSHIP
Shall mean ownership by one person or ownership by two or more persons as joint tenants, as tenants by the entirety or as tenants in common or a corporation, partnership or association, of a separate lot not adjacent to any other land in which any of the above-mentioned persons have any beneficial interest whatsoever, including, among others, interest by marriage and/or blood.
SITE PLAN
See "development plan."
SNOW
Shall mean precipitation in the form of small, tabular and columnar white ice crystals formed directly from the water vapor of air at a temperature of less than 32° Fahrenheit and shall include ice, slush, sleet or any combination thereof.
[Ord. #1909, 11-28-2006, added]
SNOW REMOVAL EQUIPMENT
Shall mean any machine or device that is utilized to transfer the elements of snow away from streets, parking areas, sidewalks, walkways, paths, stairs or other areas commonly utilized by pedestrians or motor vehicles.
[Ord. #1909, 11-28-2006, added]
SOIL EROSION AND SEDIMENTATION CONTROL PLAN
See "erosion and sedimentation control plan."
SPECIALTY FOOD STORE
Shall mean a retail store specializing in a specific type or class of foods, such as an appetizer store, bakery, butcher, delicatessen, fish market or gourmet shop.
[Ord. #1407, 5-9-2000, added]
SPECIMEN TREE
Shall mean a tree noticeable by reason of individual characteristics within a species. These characteristics shall include but not limited to a slow-growing tree with a caliper of at least 12 inches.
[Ord. #1357, 6-29-1999, added]
STANDARD RESIDENTIAL DEVELOPMENT
Shall mean a form of development involving the creation of lots for single-family detached dwelling units and not incorporating a common or public open space area as an appurtenance.
STORAGE
Shall mean a space or place for storing.
[Ord. #1909, 11-28-2006, added]
STORMWATER DETENTION
Shall mean any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORY
Shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
Shall mean a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREAM ENCROACHMENT PERMIT
Shall mean a permit issued by the Department of Environmental Protection under the provisions of N.J.S.A. 58:1-26.[9]
STREET
Shall mean any public or private right-of-way commonly used by the public for motor vehicle movement and which is approved for purposes of issuing building permits. For the purpose of this chapter, streets shall be classified as follows:
A. 
ARTERIAL STREETS are those which accommodate high volumes of through traffic.
B. 
COLLECTOR STREETS are those which carry traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
C. 
CULS-DE-SAC (OR DEAD-END STREETS) are minor streets which provide access to adjacent lots with access limited to one point of ingress and egress.
D. 
MINOR AND/OR LOCAL STREETS are those which are used primarily for access to the abutting properties.
STREET LINE
Shall mean the right-of-way line of a street as indicated by public usage, dedication of deed or record or as shown on an adopted master plan or official map.
STRIPPING
Shall mean any activity which significantly disturbs vegetated or otherwise stabilized soil surfaces, including clearing and grubbing operations.
STRUCTURE
Shall mean anything constructed or erected which requires permanent or temporary location on the ground or permanent or temporary attachment to something which is erected on the ground and designed, intended or arranged for the housing, shelter, enclosure and/or structural support of persons, animals or property of any kind, excluding unroofed patios at ground level, parking lots or driveways and fences in compliance with this chapter. For the purpose of determining compliance with yard requirements, a structure shall include unroofed porches above finished grade, roof overhangs, awnings in the extended position and any other permanent part of the structure. For the same purpose, it shall not include structures such as fuel oil tanks, septic tanks and leaching pools which are completely buried below finished grade, drainage systems or utility poles required only for direct customer service.
STUDIOS, RADIO OR TELEVISION
Shall mean the use of a building or structure for the purpose of rehearsing, producing or editing radio or television shows or commercials, but excluding transmission facilities.
SUB-ACUTE UNIT
Shall mean a unit providing comprehensive, goal-oriented, inpatient skilled nursing for a patient who has had an acute illness, injury, or exacerbation of a disease process; it is rendered either immediately after or instead of acute-care hospitalization, to treat specific active or complex medical conditions or to administer any necessary technically complex medical treatments in the context of the person's underlying long-term condition.
[Ord. #2248, 10-29-2013, added]
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for the purpose whether immediate or future, of sale or development, except that the following divisions shall not be considered subdivisions if no new streets are created.
A. 
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;
B. 
Divisions of property by testamentary or intestate provisions;
C. 
Divisions of property upon court order, including but not limited to judgments of foreclosure;
D. 
Consolidation of existing lots by deed or other recorded instrument; and
E. 
The conveyance of one or more adjoining lots, tracts or parcels of land which are owned by the same person or persons and which are found and certified by the Zoning Officer to conform to the requirements of this chapter and which are shown and designated as separate lots, tracts or parcels on the Tax Map.
[Ord. #1429, 5-29-2001, amended]
The term subdivision also includes resubdivision.
SUBDIVISION AND SITE PLAN COMMITTEE
Shall mean a Committee of at least three Board members appointed by the Chair for the purpose of reviewing development plans in accordance with the provisions of this chapter and such other duties relating to land development as may be conferred on this Committee by the Chair.
SUBSTANTIVE CERTIFICATION
Shall mean a determination by the Council approving the Township's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth in Article XII. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained in said certification.
SWALE
Shall mean a depression in the ground, either natural or man made, which directs surface runoff.
SWIMMING POOL, PORTABLE
Portable pools shall not be subject to the requirements of this chapter and shall mean 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
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 in excess of 100 square feet; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests; and located on a lot as an accessory use to a detached dwelling. The term "swimming pool" shall include all buildings, structures, equipment and appurtenances thereto.
TECHNICAL COORDINATING COMMITTEE
Shall mean the Development Plan Review Advisory Committee.
TEMPORARY
Shall mean for a fixed or limited period of time, not permanent.
[Ord. #1909, 11-28-2006, added]
THROUGH LOT
See "lot, through."
TOWNSHIP
Shall mean the Township of Bernards, Somerset County, New Jersey.
TOWNSHIP ADMINISTRATOR
Shall mean the Administrator of the Township.
TOWNSHIP COMMITTEE
Shall mean the governing body of the Township.
TOWNSHIP ENGINEER
Shall mean the municipal official designated by the governing body as the Township Engineer.
TOWNSHIP PLANNER
Shall mean the Planner of the Township.
TOWNSHIP STANDARD DETAILS
Shall mean standard construction details available in the office of the Township Engineer.
TRACT
Shall mean an area of land composed of one or more lots adjacent to one another having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one or more existing public streets and still be considered one tract provided that such street or streets is not an arterial or collector road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.
TRAILER
Shall mean a wheel-based noncommercial vehicle that is designed to be transported by traction and which is used or may be used as a dwelling or for the transportation or storage of goods, materials, livestock or any object.
TREE
Shall mean any deciduous or coniferous species which reaches a typical height of 12 feet or more at maturity and has a diameter at breast height (DBH) of four inches or greater.
[Ord. #1357, 6-29-1999, added]
TRIP END
See "motor vehicle trip end."
TRUCK
See "commercial vehicle."
TWIN HOUSE
See "dwelling unit, type."
UNRESTRICTED
See "lands (classified)."
USE
Shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
WAIVER
Shall mean a determination by the Board that certain submission requirements set forth in Article VII are not required for the application to be certified as complete.
WALKWAY
Shall mean a path constructed for walking.
[Ord. #2255, 12-10-2013, added]
WATERCOURSE
Shall mean a natural or man made conduit in the ground which channels water on a continuous basis, except in times of drought, for which a flood plain or flood hazard area has been delineated on official maps of the Township.
WETLANDS
Shall mean those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalent vegetation typically adapted for life in saturated soil conditions. The three-parameter approach (that is, hydrology, soils and vegetation) enumerated in the 1989 "Federal Manual for Identifying and Delineating Wetlands", and any subsequent amendments thereto incorporated herein by reference, shall be used to delineate wetlands. Wetlands shall also include transition areas as defined in the New Jersey Freshwater Wetlands Act and regulations adopted under it, as amended from time to time.
[Ord. #1429, 5-29-2001, amended]
A. 
Shall mean that portion of the lot situated between any street right-of-way or between a line drawn parallel to and 25 feet from the center line of any street, whichever is greater, and a second line drawn parallel to same through the portion of the principal building located closest to the street; the front yard shall extend across the entire lot and shall be unoccupied except by a use as specifically permitted. (See Figures 201, 202 and 203.)
B. 
Shall mean that portion of the lot which is not a front yard or a rear yard and which is also not occupied by the principal building(s). The side yard shall be unoccupied except by a use as specifically permitted. (See Figures 201, 202 and 203.)
C. 
Shall mean that portion of the lot situated between the rear building line of the principal building, which is the line drawn parallel to the front building line and passing through the rearmost portion of the principal building(s) and the rear lot line. The rear yard shall extend across the entire lot except that on a corner lot, the designated rear yard shall extend only to the intersecting front yard. The rear yard shall be unoccupied except by a use as specifically permitted. (See Figures 201, 202 and 203.)
ZONING OFFICER or ZONING ENFORCEMENT OFFICER
Shall mean an agent, appointed by the Township Committee, who, subject to the direction and oversight of the Township Engineer, shall be responsible for the enforcement of the requirements and regulations and standards contained in Articles IV and V of this chapter and who shall have such other duties and responsibilities as may be herein specified.
[Ord. #1928, 2-27-2007, § 1, amended]
ZONING PERMIT
Shall mean a document signed by the Zoning Enforcement Officer which is required by ordinance as a condition precedent to the commencement of a use or the construction, reconstruction, alteration, conversion or installation of a structure, building, fence, patio, driveway, or other impervious surface, and which acknowledges that such use, structure, building, fence, patio, driveway, or other impervious surface complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency.
[Ord. #2050, § 1, 2-10-2009, added]
[1]
Editor's Note: The table referred to herein can be found at the end of this chapter.
[2]
Editor's Note: Figure 201 is included at the end of this chapter.
[3]
Editor’s Note: This ordinance also repealed the definition of “flood of record” that immediately followed.
[4]
Editor's Note: The former definition of "grade," which immediately followed this definition, was repealed by Ord. #1945, 6-12-2007.
[5]
Editor's Note: Said Figure 203 is included as an attachment to this chapter.
[6]
Editor's Note: The former definition of "minor subdivision/flag lot," which immediately followed this definition, was repealed by Ord. #1429, 5-29-2001.
[7]
Editor's Note: The former definition of "modification," which immediately followed this definition, was repealed by Ord. #1928, 2-27-2007, § 1.
[8]
Editor's Note: N.J.S.A. 55:16-1 et seq. was repealed by L. 1991, c. 431. See N.J.S.A. 40A:20-1 et seq.
[9]
Editor's Note: N.J.S.A. 58:1-26 was repealed. See now N.J.S.A. 58:16A-50 et seq.