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For the purpose of this chapter, certain phrases
and words are herein defined as follows: words used in the present
tense include the future; words used in singular number include the
plural number and vice versa; the word "used" shall include arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used; the word "lot" includes the word "plot" and "premises";
the word "structure" includes the word "building" and the word "building"
includes the words "dwellings" or "residence"; the word "shall" is
mandatory and is not discretionary and the word "may" indicates a
permissive action. Any word or term not defined herein shall be used
with a meaning as defined in Webster's Third New International Dictionary
of the English Language, unabridged (or latest edition). Moreover,
whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term shall have the meaning in the statute,
unless it is also specifically defined in this chapter, in which case
the definition in this chapter shall be used, but shall be construed
so as not to cause the Township to exceed its lawful powers under
N.J.S.A. 40:55D-1 et seq.
[Ord. #585, § 201; Ord. #641; Ord.
#1003, § 2] |
As used in this chapter:
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]
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]
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.
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.
Shall mean the Township Administrator of the Township.
Shall mean average daily motor vehicle traffic.
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]
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.
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.
Shall mean any change, addition or modification in the construction
or arrangement of a building or site.
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.
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.
Shall mean a dwelling unit which is part of or is attached
to one or more dwelling units.
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.
Shall mean original design documents which have been certified
to reflect that actual construction conforms to the documents or modified
to reflect actual construction.
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]
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]
Shall mean the display and/or sale of new or used motor vehicles
of any type.
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.
Shall mean a form of planned development (PRD-1). See Subsection 21-10.14.
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.
Shall mean a room planned or used primarily for sleeping.
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.
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]
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.
Shall mean the planning board or the Zoning Board of Adjustment
of the Township, as the case may be.
See "guarantee."
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.
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.")
Shall mean an area, frequently described by building setback
lines, depicting the area within which the building(s) will be constructed.
(See "height of structure.")
See "Construction Code Enforcement Official."
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.
Shall mean a building which is the principal structure on
a lot. (See "principal structure.")
Shall mean one of the following types of business development:
NEIGHBORHOODShall 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.
VILLAGEShall mean retail sales and services and professional offices designed and intended to serve the needs of residents in the immediate vicinity.
HISTORICShall 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.
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.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Ord. #2472, 5-25-2021, added]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Ord. #2472, 5-25-2021, added]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from one licensed cannabis establishment to another licensed cannabis
establishment and may engage in the temporary storage of cannabis
or cannabis items as necessary to carry out transportation activities.
[Ord. #2472, 5-25-2021, added]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Ord. #2472, 5-25-2021, added]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
license shall also accept consumer purchases to be fulfilled from
its retail store that are presented by a cannabis delivery service
which will be delivered by the cannabis delivery service to that consumer.
[Ord. #2472, 5-25-2021, added]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Ord. #2472, 5-25-2021, added]
Shall mean a roofed structure providing space for the parking
of motor vehicles and enclosed on not more than three sides.
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.
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.
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]
Shall mean a watercourse with a definite bed and banks which
confine and conduct continuously or intermittently flowing water.
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.
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.
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.
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.
See "residential cluster development."
Shall mean the New Jersey Council on Affordable Housing.
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.
Shall mean an open space area in common ownership. (See "open
space.")
Shall mean ownership of land and/or real improvements by
an association, cooperative or the like.
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.
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.
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.
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]
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.
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]
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]
Shall mean the municipal official designated by the Township
Committee to enforce the Uniform Construction Code.
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.
See "lot, corner."
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.
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]
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]
Buildings or structures, including all areas under a roof, excluding
open decks not enclosed by walls or a roof.
Parking areas, loading areas, driveways, and other areas designed
for vehicular use, regardless of the surface material.
Patios and walkways, regardless of the surface material.
The water surface of all swimming pools, fountains, and man-made
ponds.
Any impervious surface, whether or not listed above.
See "street."
Shall mean the date of adoption of a resolution memorializing
an action by the Board.
Shall mean calendar days.
Shall mean diameter of a tree trunk measured at breast height
(3 feet 6 inches above ground level).
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.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
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.
Shall mean money paid by an individual, person, partnership,
association, company or corporation for the improvement of property
as permitted in COAH's rules.
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]
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]
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]
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]
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]
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.
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]
Shall mean a private roadway providing access for motor vehicles
to a garage, dwelling or other building.
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]
Shall mean that portion of the R-5 Zone not defined as R-5
Lowlands. (See "Lowlands, R-5.")
See "dwelling units, types."
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.
SINGLE-FAMILY, DETACHEDShall mean a freestanding residential building which contains one dwelling unit and which has no walls common with any other dwelling unit.
TWIN HOUSE or DUPLEXShall mean a dwelling unit sharing a common horizontal or vertical separation with only one other dwelling unit.
MULTIFAMILYShall mean more than two dwelling units sharing vertical common walls and/or common horizontal separations in a single structure.
ONE-FAMILY CLUSTERShall 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.
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.
Shall mean the Township Environmental Commission, a municipal
advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
See "lands (classified)."
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
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.
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.
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.
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]
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]
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.")
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.
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.
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.
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]
FLAGShall 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.
STAFFShall mean that portion of the flag lot which connects the flag to the public road.
REMAINDERShall mean that portion of the original tract other than the flag lot.
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.
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]
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]
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]
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.
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.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site.
Shall mean any restaurant that is not attached to or part
of another building.
See "lot line, front."
See "yards."
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.
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.
Shall mean the Township Committee of the Township of Bernards.[4]
Shall mean any stripping, cutting, filling, stockpiling or
combination thereof (See "stripping.")
Shall mean the total area within a commercial or industrial
structure available or proposed for rent or lease.
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.
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.
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]
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.):
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.
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.
For an existing building, including an addition
to an existing building, height shall be measured from finished grade.
When measuring height of structure, the following
rules shall apply:
[Ord. #1429, 5-29-2001, amended; Ord. #1945, 6-12-2007, amended]
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.
"Average ground level" shall be calculated using
measurements taken 10 feet apart.
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.
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.
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.
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.
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]
See "trailer."
Shall mean one or more persons living together in one dwelling
unit and sharing living, sleeping, cooking and sanitary facilities
on a nonprofit basis.
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.
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.
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]
Shall mean the performing of normal daily activities without
the need for assisted living care.
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.
Shall mean a use by a public or nonprofit quasi-public, or
private institution for educational, religious, charitable, medical
or civic purposes.
Shall mean a point where two or more streets meet and/or
cross.
Shall mean a judgment issued by the Superior Court approving
the Township's plan to satisfy its fair share obligation.
See "animal kennel(s)."
ENVIRONMENTALLY RESTRICTEDShall mean lands within a floodway or with slopes in excess of 25%.
RESTRICTEDShall 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]
UNRESTRICTEDShall mean lands that are not classified as environmentally restricted or restricted.
See Section 21-14.
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.
Shall mean the retail sale of alcoholic beverages (package
goods).
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.
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]
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.
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]
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]
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]
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.
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]
See "flag lot development."
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.
Shall mean a line of record bounding a lot.
Shall mean the lot line separating the lot from the street
right-of-way.
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.
Shall mean any lot line other than a front or rear lot line.
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]
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]
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.
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.
Shall include low-income households and moderate-income households.
Shall include low-income housing and moderate-income housing.
Shall mean certain areas of the R-5 Zone are specifically
designated as R-5 Lowlands:
[Ord. #1429, 5-29-2001, amended]
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.
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.
Shall mean security that may be accepted by the Township
for the maintenance of any improvements required by this chapter.
(See "guaranty.")
Shall mean any subdivision not classified as a minor subdivision.
(See "development 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.
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.
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]
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]
See "final development plan."
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.
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]
Shall mean the origin or destination of a vehicular trip.
See "dwelling unit, types."
Shall mean the Planning Board, Zoning Board of Adjustment
or Township Committee of the Township.
Shall mean the Township of Bernards.
Shall mean N.J.S.A. 40:55D-1 et seq.
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]
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]
See "shopping center."
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.
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.
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.
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]
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.
Shall mean an age-restricted facility for the housing of
persons in need of nursing care as defined in this section.
GENERAL OFFICEShall mean executive and administrative offices including professional offices.
PROFESSIONAL OFFICEShall mean office uses for the medical, legal, financial, design, real estate and scientific (excluding research) professions and the arts.
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.
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.
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.
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.
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:
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.
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.
Shall mean located on the lot in question.
Shall mean the treatment and disposal of sanitary waste material
in a manner whereby the effluent is recharged into the ground on-site.
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.
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.
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]
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.
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.
Shall mean a cleared way for pedestrians and/or bicycles
to travel which may or may not be paved.
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.
Shall mean any security that may be accepted by the municipality
for the performance of any improvements required by this chapter.
(See "guarantee.")
Shall mean any use which is allowed by the provisions of
this chapter.
Shall mean peak hour motor vehicle traffic.
See "development plan."
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]
PLANNED RESIDENTIAL DEVELOPMENTShall 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.)
PLANNED UNIT DEVELOPMENTShall 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.
The term "plat" is used interchangeably in this chapter with
the term "development plan."
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.
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.
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.
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.
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.
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.
Shall mean any use which is not specifically permitted by
this chapter.
Shall mean the total area in acres of the tract for which
a development plan is being submitted.
Shall mean schools through grade 12 providing primary and
secondary education in subjects and classes meeting the requirements
of the State Compulsory Education laws.
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.
Shall mean a building which is owned and used by a governmental
agency.
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.
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".)
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]
Shall mean any public utility regulated by the Board of Regulatory
Commissioners and defined pursuant to N.J.S.A. 48:2-13.
Shall mean the mining of stone and the business of conducting
a quarry, including the sale and shipping of excavated material.
Shall mean the majority of the full authorized membership
of a municipal agency.
See "lot line, rear".
See "yards".
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 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.
A trailer containing cooking and sleeping facilities
for travel, recreation, vacation or other short-term use.
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.
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.
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.
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.")
See "lands (classified)."
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
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.
Shall mean a retail establishment selling a single manufacturer's
product.
[Ord. #1407, 5-9-2000, added]
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.
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]
Shall mean the Planning Board, except where otherwise required
by N.J.S.A. 40:55D-1 et seq.
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.
See "building line (building setback line)."
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.
REGIONAL SHOPPING CENTERShall 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.
NEIGHBORHOOD SHOPPING CENTERSShall mean a shopping center designed to accommodate a community market, containing no building in excess of 40,000 square feet.
See "lot line, side."
See "yards."
See "clear sight triangle."
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.
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]
EXTERNALLY ILLUMINATED SIGNShall mean a sign illuminated by a separate light fixture that casts light directly on the face of the sign.
INTERNALLY ILLUMINATED SIGNShall 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."
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]
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]
Shall mean a sign that is designed or intended to be displayed
for a short period of time.
[Ord. #1809, 9-13-2005, added]
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]
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]
See "dwelling units, type."
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.
See "development plan."
Shall mean any premises dedicated as a principal business
to the display, sale, distribution, delivery, offering, furnishing,
or marketing of tobacco, tobacco products, or tobacco paraphernalia,
including providing an area for smoking tobacco products, but excluding
any grocery store, supermarket, convenience store or similar retail
use that sells tobacco products, which shall not be included within
the definition of smoke shop. An area for smoking shall mean the
burning of, inhaling from, exhaling the smoke from, or the possession
of a lighted cigar, cigarette, pipe or any other matter or substance
which contains tobacco or any other matter that can be smoked, or
the inhaling or exhaling of smoke or vapor from an electronic smoking
device.
[Ord. #2433, 11-26-2019, added]
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]
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]
See "erosion and sedimentation control plan."
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]
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]
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.
Shall mean a space or place for storing.
[Ord. #1909, 11-28-2006, added]
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.
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.
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.
Shall mean a permit issued by the Department of Environmental
Protection under the provisions of N.J.S.A. 58:1-26.[9]
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:
ARTERIAL STREETS are those which accommodate
high volumes of through traffic.
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.
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.
MINOR AND/OR LOCAL STREETS are those which are
used primarily for access to the abutting properties.
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.
Shall mean any activity which significantly disturbs vegetated
or otherwise stabilized soil surfaces, including clearing and grubbing
operations.
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.
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.
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]
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.
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;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
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]
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The term subdivision also includes resubdivision.
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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.
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.
Shall mean a depression in the ground, either natural or
man made, which directs surface runoff.
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.
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.
Shall mean the Development Plan Review Advisory Committee.
Shall mean for a fixed or limited period of time, not permanent.
[Ord. #1909, 11-28-2006, added]
See "lot, through."
Shall mean the Township of Bernards, Somerset County, New
Jersey.
Shall mean the Administrator of the Township.
Shall mean the governing body of the Township.
Shall mean the municipal official designated by the governing
body as the Township Engineer.
Shall mean the Planner of the Township.
Shall mean standard construction details available in the
office of the Township Engineer.
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.
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.
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]
See "motor vehicle trip end."
See "commercial vehicle."
See "dwelling unit, type."
See "lands (classified)."
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.
Shall mean any premises dedicated as a principal business
to the display, sale, distribution, delivery, offering, furnishing,
or marketing of electronic smoking devices, liquid nicotine containers
or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2),
N.J.S.A. 2A:170-51.9(a)(3) and N.J.S.A. 2A:170-51-9(a)(4), including
an area for vaping. An area for vaping shall mean the inhaling or
exhaling of smoke or vapor from any electronic smoking device.
[Ord. #2433, 11-26-2019, added]
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.
Shall mean a path constructed for walking.
[Ord. #2255, 12-10-2013, added]
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.
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]
FRONT YARDShall 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.)
SIDE YARDShall 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.)
REAR YARDShall 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.)
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]
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.
