As used in this chapter, the following terms shall have the
meanings indicated:
AASHTO
The American Association of State Highway and Transportation
Officials.
ACCESS, EMERGENCY
All properties containing structures shall provide adequate
access for fire-fighting equipment, ambulances and other emergency
vehicles. The access shall be a minimum unobstructed width 20 feet
wide capable of sustaining a gross vehicle weight of 70,000 pounds.
The access shall also have an unobstructed vertical clearance of 13
feet six inches. All access roads and driveways over 100 feet in length
shall have a turnaround area provided for the applicable fire district's
largest emergency vehicle in accordance with Table D1.03.4 of the
International Fire Code. Before a certificate of occupancy is issued,
an inspection of the access shall be made by either the Fire Official,
Construction Official or Zoning Officer of the Township of Middle.
All such access areas shall be consistently maintained by the property
owner to ensure compliance with the above-noted requirements.
ACCESSORY STRUCTURE
A building or structure which is detached from a principal building or structure; customarily associated with such principal building or structure; subordinate in area, extent and purpose to such principal building or structure; incidental to the principal building or structure; and located on the same lot as the principal building or structure. An accessory structure attached to the principal building or structure shall comply in all respects with the zoning requirements applicable to the principal building or structure, regardless of the technique of connecting the principal and accessory building or structure. See §
250-623 for required separation distances between principal and accessory buildings and structures. No accessory structure is permitted in a front yard. Residential accessory structures shall not exceed, in area, the square footage of the area of the ground floor of any principal structure on the same lot or parcel of land. This term shall include temporary carports, tents, and large inflatable pools with depths of 24 inches or greater.
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
ADMINISTRATIVE OFFICER
The Zoning Officer of the Township of Middle, unless a different
Township official or officials have been designated by ordinance or
statute.
ADVERSE EFFECT
Conditions or situations, whether existing or proposed, creating,
imposing, aggravating or leading to impractical, unsafe or unsatisfactory
conditions on a property proposed for development or on adjacent property,
including but not limited to improper circulation and drainage rights-of-way;
inadequate drainage facilities; insufficient street widths, unsuitable
street grades, or unsuitable street locations to accommodate prospective
traffic or to coordinate and compose a convenient system; disruptive
environmental impacts; locating lots in a manner not adaptable for
the intended purpose without danger to health or peril from flood,
fire, erosion or other menace; providing for lots of insufficient
size; and neither providing nor making future allowance for access
to the interior portion of the lot or for other facilities required
by this chapter.
ADVISORY BASE FLOOD ELEVATION (ABFE)
The elevation shown on a community's Advisory Flood Hazard
Map that indicates the advisory stillwater elevation plus wave effect
(ABFE = SWEL + wave effect) resulting from a flood that has a one-percent-or-greater
chance of being equaled or exceeded in any given year.
[Added 5-20-2013 by Ord. No. 1446-13 and 8-5-2013 by Ord. No.
1445-13]
ADVISORY FLOOD HAZARD AREA (AFHA)
The land in the floodplain within a community subject to
flooding from the one-percent annual chance event depicted on the
Advisory Flood Hazard Map.
[Added 5-20-2013 by Ord. No. 1446-13 and 8-5-2013 by Ord. No.
1445-13]
ADVISORY FLOOD HAZARD MAP
The official map on which the Federal Emergency Management
Administration has delineated the areas of advisory flood hazards
applicable to the community.
[Added 5-20-2013 by Ord. No. 1446-13 and 8-5-2013 by Ord. No.
1445-13]
AGRICULTURAL COMMERCIAL ESTABLISHMENT
An agricultural commercial establishment may be seasonal
or year-round and may or may not be associated directly with a farm;
however, it does not include supermarkets, convenience stores, restaurants
and other establishments which coincidentally sell agricultural products,
nor does it include agricultural production facilities such as a farm
itself or nonfacilities which are solely processing facilities.
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings for the seasonal use of employees of
an agricultural or horticultural use which, because of their character
or location, are not to be used for permanent housekeeping units and
which are otherwise accessory to a principal use of the lot for agriculture.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
The production, storage, keeping, harvesting, grading, packaging,
processing, boarding or maintenance for sale or lease of plants and
animals useful to humans, including but not limited to: forages and
sod crops; grains and seed crops; dairy animals and dairy products;
poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules or goats, and including the breeding
and grazing of any or all of such animals; bees and apiary products;
fur animals; trees and forest products; fruits of all kinds, including
grapes, nuts and berries; vegetables; and nursery, floral, ornamental
and greenhouse products; or any land devoted to and meeting the requirements
and qualifications for payments or other compensation pursuant to
a soil conservation or forestry management program under an agency
of the federal government.
ALTERATIONS or ADDITIONS
As applied to a building or a structure, a change or rearrangement
in the structural parts, in the existing facilities or in the means
of egress; or an enlargement, whether by extension of a side or by
increasing in height; or the moving from one location or position
to another.
AMENDMENT
A means for making changes in this chapter or to the certified
Master Plan herein as expressly authorized.
ANIMAL, DOMESTIC PET OR DOMESTIC FARM
Any animal that has been bred and/or raised to live in or
about the habitation of humans, is dependent on people for food and
shelter, and is not used to generate income.
ANIMAL, FARM
Animals, other than domestic, which are kept and maintained
for commercial production and sale on farm properties.
ANIMAL KENNEL
Any structure or premises in which animals are boarded, groomed,
bred, or trained for commercial gain.
ANTIQUE SHOP
A retail business dealing in objects of art, decorative accessories
and furniture dating from an earlier period of time.
APARTMENT
An independent, self-contained dwelling unit that contains
a private bath and kitchen facilities.
APPLICANT
A developer, landowner or person with an enforceable proprietary
interest submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
APPROVING AUTHORITY
The Planning Board, Zoning Board of Adjustment or other board,
agency or official designated by this chapter and when acting pursuant
to the authority of this chapter.
AQUACULTURE
The propagation, cultivation and collection of shellfish,
finfish, seaweed and other aquatic animals and plants.
ARTS AND CRAFTS
The making of objects of art, such as drawings, paintings
and statues, or the making of decorative accessories, including flower
arrangements, wreaths, ornaments, pottery, candles, baskets, quilts
or other such items, as a hobby or for retail purposes.
BASEMENT
That portion of a building which is partly below and partly
above grade and having at least 1/2 its height above grade. (See "grade,"
"story" and "cellar.")
BED-AND-BREAKFAST
A portion of a residential dwelling unit containing sleeping
accommodations, without individual cooking facilities, which are used,
let or hired out for compensation for the use of temporary guests.
A central dining area may be utilized to furnish meals only to the
guests.
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69 and
this chapter and known legally as the "Zoning Board of Adjustment."
BOD
Biochemical oxygen demand.
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
BUILDING
Any structure, either temporary or permanent, which:
B.
Is designed, used or intended to be used for any use or occupancy,
including but not limited to the sheltering or protection of persons,
animals, chattels or property of any kind; and
C.
Forms, by the combination of materials, a construction adapted
to such occupancy.
BUILDING COVERAGE
The square footage or other area measurement by which all
buildings occupy a lot, as measured on a horizontal plane around the
periphery of the foundations and including the area under the roof
of any structure supported by columns but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.
BUILDING, EXISTING
Any building erected prior to the adoption of this chapter
or one for which a legal building permit has been issued.
BUILDING LINE
The line parallel to the street line at a distance equal
to the depth of the required front yard. A building shall not extend
beyond this line except as otherwise allowed in this chapter.
BUILDING SITE
The area occupied by a building or structure, including the
yards and courts required for light and ventilation and such areas
that are prescribed for access to the street.
BULKHEAD
A structure separating land and water areas, primarily designed
to prevent erosion and other damage due to wave or tidal action.
[Added 10-17-2011 by Ord. No. 1398-11]
CAMPER
A.
A self-propelled vehicular structure built as one unit on a
chassis and designed for temporary living for travel, recreation,
vacation or other short-term uses and which may contain cooking, sleeping
and sanitary facilities.
B.
A structure, incapable of moving under its own power, containing
cooking and sleeping facilities for travel, recreation, vacation or
other short-term use and designed to be attached to the body of another
vehicle for transporting from one location to another.
C.
A portable vehicular structure built on a chassis designed for
camping, the body of which is basically rectangular with a flat top
not more than four feet above the surface of the ground. The camper
is designed to have a temporary tent erected above the four-foot level
for camping activities.
D.
A vehicular, portable structure built on a chassis, designed
as a temporary structure for travel, recreation, vacation and other
short-term uses, and having an outside body width not exceeding eight
feet and a length not exceeding 30 feet, and which may contain cooking,
sleeping and sanitary facilities.
CAMPGROUND
A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units of the general
public as temporary living quarters for recreation, education or vacation
purposes.
CAMPING UNIT
Any tent or camping article temporarily located on a campsite,
maintained and operated in a campground as temporary living quarters
for children or adults, or both, for recreation, education or vacation
purposes.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction
project.
CARE FACILITIES
A facility that provides short- or long-term care, treatment,
and/or rehabilitation services, including nursing and convalescent
homes; does not include child-care facilities.
CARTWAY
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the "cartway" is the portion between the curbs. Where there
are no curbs, the "cartway" is that portion between the edges of the
paved or graded width.
CELLAR
That portion of a building which is partly or completely
below grade and having at least 1/2 its height below grade. (See "grade,"
"story" and "basement.")
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the Construction Code Official
which permits the use of a building in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building in its several parts,
together with any special stipulations or conditions of the building
permit. Before a certificate of occupancy is issued, a document must
be signed by the Zoning Office of the Township of Middle that all
zoning conditions have been satisfied, including grading.
CHANGE OF USE
Any use that is substantially different from the previous
use of a building or land. “Substantially different” is
defined as a different sector level (two-digit code) as set forth
in the North American Industry Classification System. It does not
include a change of occupancy or change of ownership in and by itself.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
CLUSTER
A development design technique that concentrates buildings
on a part of the site to allow the remaining land to be used for recreation,
common open space, and preservation of environmentally sensitive features.
COMMENCEMENT OF CONSTRUCTION
Actual construction on a parcel of land, in accordance with
a permit issued by the applicable approving authority, of a form and
character such that the work performed is not usable for any other
form of development except that authorized by the issued permit.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility, licensed pursuant to
N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance,
under such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community, and shall include
but not be limited to: group homes, halfway houses, intermediate-care
facilities, supervised apartment living arrangements, and hotels.
It shall not be considered a health care facility within the meaning
of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq.
In the case of such residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to N.J.S.A. 30:14-1 through
30:14-14, providing food, shelter, medical care, legal assistance,
personal guidance and other services to not more than 15 persons who
have been victims of domestic violence, including any children of
such victims, who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in the specified location will comply with
the conditions and standards for the location or operation of such
use as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
CONSTRUCTION
The erection, reconstruction, alteration, conversion, demolition,
removal or equipping of buildings or structures.
CONTIGUOUS LAND
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit.
CONVENTIONAL DEVELOPMENT
That development which takes place as of right in the particular
zoning district and which requires subdivision, rather than planned
development, review.
COUNTY
The County of Cape May, unless otherwise specified.
COUNTY MASTER PLAN
A composite of the Master Plan for the Physical Development
of Cape May County, with the accompanying maps, plats, charts and
descriptive and explanatory matter, adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and 40:27-4 or their successor
statutes.
COUNTY PLANNING BOARD
The County Planning Board, as defined and organized pursuant
to N.J.S.A. 40:27-6.1, of the county in which the land or development
is located. Said Board is responsible for county planning.
DAY
For purposes of computing time limits, refers to a calendar
day.
DAY-CARE CENTER
A private residence which is registered as a family day-care
home pursuant to the Family Day Care Provider Registration Act and is further defined as a private residence in which
child-care services are provided for a fee to not less than three
and no more than five children at any one time for no less than 15
hours per week; except that the Division shall not exclude a family
day-care center with fewer than three children from voluntary registration.
DEMOLITION
The systematic destruction of a building all at one time
or part by part. A structure shall be considered to be demolished
whether the work is done in phases or all at one time, e.g., wall
by wall, floor by floor, and so forth. A structure shall be considered
to be demolished notwithstanding the retention of the foundation of
same.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DENSITY, GROSS
All of the land within the boundaries of the particular area,
excluding nothing.
DENSITY, NET
The total number of dwelling units in a proposed development
divided by the total number of acres of the specific development tract,
exclusive of nonresidential uses, but including streets and parking
areas serving the units.
DETENTION BASIN
A surface stormwater control basin designed to impound runoff
and release it at a reduced rate through an outlet control structure.
DETENTION FACILITY
Any stormwater control facility, surface or subsurface, designed
to impound runoff and release it at a reduced rate through an outlet
control structure.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
A division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to this chapter.
DEVELOPMENT APPROVAL
Any approval to develop which is granted by an approval agency,
including appeals to the governing body, except for certificates of
occupancy and variances which do not otherwise include issuance of
a construction permit or subdivision or site plan approval.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map ordinance or other municipal regulation for the use and
development of land or amendment thereto adopted and filed.
DISTRICT
A portion of the territory of the Township within which certain
regulations and requirements or various combinations thereof apply.
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff, to minimize
erosion and sedimentation during and after construction or development,
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities or lands required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
DWELLING
One or more rooms, located within a structure, forming a
single habitable unit used or intended to be used for living purposes
by one or more persons living together and maintaining a common household,
having separate cooking and sanitary facilities, and accessible from
the outdoors, either directly or through an entrance hall shared with
other dwelling units. Not included are mobile homes, hotels, motels,
lodging houses, boardinghouses or tourist homes.
DWELLING, MULTIFAMILY
A suite of rooms designed for or occupied by one family or
household and situated in a building containing three or more such
suites of rooms. Such units may share some facilities, utilities or
services, such as entrance halls, electric or water connections, basement
areas, heating plant or refuse disposal facilities.
DWELLING, SINGLE-FAMILY
A building on a lot, designed and occupied exclusively as
a residence for one family or household, which has yard or open areas
on all sides, having no common walls with any other building.
DWELLING, TOWNHOUSE
A dwelling unit which is one of a group of three or more
attached dwelling units separated by vertical party walls, each having
separate front and rear or front and side entrances from the outside
and a full complement of utilities and facilities for use as a dwelling
unit.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units, each of
which is totally separated from the other by an unpierced wall extending
from ground to roof or an unpierced ceiling and floor extending from
exterior wall to exterior wall, except for a common stairway exterior
to both dwelling units, if applicable.
ELECTRIC TRANSMISSION LINES
Electric lines which are part of an electric company's transmission
and subtransmission system, which provide a direct connection between
a generating station or substation of the utility company and:
A.
Another substation of the utility company.
B.
A substation of or interconnection point with another interconnecting
utility company.
C.
A substation of a high-load customer of the utility.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance of
underground, surface or overhead electrical, gas, steam, water and
sewage transmission and collection systems and the equipment and appurtenances
necessary for such systems to furnish an adequate level of public
service.
EXISTING USE
The use of a lot or structure at the time of the enactment
of a zoning ordinance.
EXTRACTIVE INDUSTRIES
Digging, extraction, mining and quarrying of sand, gravel,
clay or other resources for commercial purposes.
FAMILY
One or more individuals occupying a dwelling unit and living
as a single household unit. The controlling factor in considering
whether a group of unrelated individuals living together as a single
housekeeping unit constitutes a family for purposes of compliance
with a single-family zoning restriction is whether the residents bear
the generic character of a relatively permanent functioning family
unit.
FARM
A.
Principal uses: a lot used for the growing and harvesting of
crops and the raising and breeding of certain animals, including truck
farms, fruit farms, nurseries and greenhouses, dairies and livestock
produce.
B.
Accessory uses: buildings incidental to farms such as managers'
and owners' homes, tenant houses and greenhouses; buildings for housing
seasonal workers for the farm's own use; barns; packing, grading and
storage buildings; buildings for keeping of poultry and permitted
livestock; and garages for the keeping of equipment and trucks used
in farm operations.
FARM MARKET
Nurseries and garden centers, which shall mean uses devoted
to the growing, cultivation, storage, and/or sale of produce, landscaping
products, and similar accessory and ancillary products.
FARM STAND
A temporary, seasonal area or structure, limited to 20 square
feet, used for the display and sale of farm products grown exclusively
on the property upon which the stand is located.
FAST-FOOD RESTAURANT
An establishment whose principal business is the sale of
preprepared or rapidly prepared food directly to the customer in a
ready-to-consume state for consumption either within the restaurant
building or off premises.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wrought iron, chain link, vinyl or any other approved manufactured
material or combination of materials erected to enclose, screen or
separate areas.
FINAL APPROVAL
The official action of the approving board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FISH AND WILDLIFE PRESERVE
A tract of land which may include bodies of water and upon
which land and water area natural food and habitat conditions are
maintained and safeguarded for the conservation of fish and wildlife.
FLAG LOT
A lot not meeting minimum frontage requirements and where
access to the public road is by a private right-of-way or driveway.
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The floodway and relatively flat areas adjoining the floodway
which have been or may be hereafter covered by floodwater and which
area, the improper development and general use of which would constitute
a threat to the public's safety, health and general welfare. The flood
hazard area shall constitute the total area inundated by the flood
hazard design flood.
FLOODPLAIN
The general flat terrain subject to periodic flooding adjacent
to streams, ponds, lakes or swamps.
FLOODWAY
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream. This shall constitute
the portions of the floodplain needed for the passage of the floodway
design flood without an appreciable rise in the water surface profile.
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of buildings or structures
compared to the total area of the site, excluding nonhabitable space
such as decks, garages, and basements.
FORESTRY or SILVICULTURE
The growing and harvesting of trees for commercial purposes,
except that the following activities shall not be defined as forestry:
A.
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed.
B.
Removal of trees directly associated with the use of the property
for a nursery, garden center, Christmas tree plantation or orchard.
C.
Removal of trees directly associated with the development of
the property as otherwise authorized by this chapter.
D.
Removal of trees necessary for the maintenance of utilities
of public rights-of-way.
E.
Removal of trees for the personal use of the property owner.
F.
Removal of trees for public safety.
FUELING STATION
Lands and building providing for the sale of fuel, lubricants
and automotive accessories.
GARAGE, PRIVATE RESIDENTIAL
A structure which is accessory to a residential building
and which is used for the parking and storage of vehicles owned and
operated by the residents thereof and which is not a separate commercial
enterprise available to the general public. Storage in garages on
the second floor or loft will be accessed from the inside the garages.
GARAGE, PUBLIC
A building or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
GARAGE, REPAIR
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
GARDEN CENTER
A structure in year-round use for the sale of agricultural
and nursery products and related materials.
GRADE
A reference plane consisting of the average finished ground
level adjacent to a structure, building or facility at all visible
exterior walls.
HABITAT
The natural environment of an individual animal or plant
population or community.
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and the treatment
of mental or physical conditions, excluding hospitals and care facilities,
and including but not limited to public health centers, urgent care
centers, diagnostic centers, treatment centers, and rehabilitation
centers.
HEALTH CARE SERVICES
Establishments providing support to medical professionals
and their patients, such as medical and dental laboratories, blood
banks, and miscellaneous types of medical supplies and services.
HEIGHT
The vertical distance of a structure measured from the average
elevation of the finished grade within 20 feet of the structure to
the highest point of the structure. For lots 15,000 square feet or
less, the average elevation can be measured within five feet of the
structure. Finished grade must be within 24 inches of the original
grade.
HISTORIC AREA
A district or zone designated by a local authority or state
or federal government within which the buildings, structures, appurtenances
and places are of basic and vital importance because of their association
with history or because of their unique architectural style and scale,
including color, proportion, form and architectural detail, or because
of their being a part of or related to a square, park or area, the
design or general arrangement of which should be preserved and/or
developed according to a fixed plan based on cultural, historical
or architectural motives or purposes.
HISTORIC BUILDING
Any building or structure which is historically or architecturally
significant.
HISTORIC RESOURCE
Any site, building, area, structure or object important in
American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
HOME OCCUPATION
A business, profession, occupation or trade conducted for
gain or support within a legally existing residential building or
an accessory thereto, which is clearly incidental and secondary to
the use of such building for dwelling purposes, and which does not
change the essential residential character of such building(s).
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association,
which is organized in a development in which individual owners share
common interest in open space or facilities.
HORSE FARM
A farm that is primarily used for the breeding and boarding
of horses.
HORTICULTURE
The cultivation of gardens or orchards, including the growing
of vegetables, fruits, flowers and ornamental trees and shrubs.
HOTEL
A facility offering transient lodging accommodations to the
general public and which may include additional facilities and services.
“Transient” is defined as 30 days or less.
HYDROPHYTE
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS SURFACE
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces.
INDUSTRIAL USE
Manufacturing plants of a type which carry on processes within
completely enclosed buildings; wholesale distribution centers for
wholesale sales, storage and distribution, including facilities for
bulk storage; enclosed service and repair facilities; equipment sales
and service; business offices and office buildings; industrial plants
not involving the synthesis of chemical products for direct industrial
sale; research laboratories; and other light industrial uses of the
same general character.
INTERESTED PARTIES
A.
In a criminal or quasi-criminal proceeding, any citizen of the
state.
B.
In a civil proceeding in any court or in an administrative proceeding
before a municipal agency, any individual, whether residing within
or without any municipality, whose right to use, acquire or enjoy
property is or may be affected by any action taken under any law of
the municipality or state or the United States.
LAND
Includes the surface and subsurface of the earth, as well
as improvements and fixtures on, above or below the surface and any
water found thereon.
LANDFILL
Sites, including open dumps, where solid waste, liquid and
dry sewage sludge and liquid and dry chemical waste are disposed of
by land application with or without the use of management practices
or soil covering. For the purposes of this chapter, solid waste transfer
stations shall not be considered landfills.
LANDSCAPING
The installation of plant material or seed as a part of a
development.
LEACHATE COLLECTOR
The meaning attributed to the phrase by, and each such leachate
collector shall conform to, the requirements of, the New Jersey Solid
Waste Administration.
LIGHT INDUSTRIAL USE
Manufacturing plants of a type which carry on processes within
completely enclosed buildings; wholesale distribution centers for
wholesale sales, storage and distribution, including facilities for
bulk storage; meat/seafood packing facilities; enclosed service and
repair facilities; equipment sales and service; business offices and
office buildings; industrial plants not involving the synthesis of
chemical products for direct industrial sale; research laboratories;
and other light industrial uses of the same general character.
LOT
A designated parcel, tract or area of land, established by
plat, subdivision or as otherwise permitted by law, to be used, developed
or built upon as a unit. In order to be used, developed or built upon,
a lot must have improved public access complying with all applicable
codes, standards, statutes and ordinances. Such improved public access
must extend along the entire frontage of the lot(s) in question.
LOT AREA
The total area within the lot lines of a lot, excluding any
street rights-of-way.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°. Corner lots adjoining two
streets shall be considered to have two front yards, and corner lots
adjoining three streets shall be considered to have three front yards.
In instances where there is a corner lot having two front yards, the
front of the house or other building must be oriented toward one of
the two of them, and the area behind the house or building shall be
designated as the rear yard. The other yard shall be considered a
side yard. Lots having three front yards shall likewise be required
to orient the house or building toward one of the three of them, and
the area behind the house or building shall be considered a rear yard.
In these instances, there shall be no side yard.
LOT COVERAGE
That portion of the lot that is covered by buildings and
structures, including walks, driveways and all other impervious surfaces.
LOT DEPTH
The distance measured from the front lot line to the rear
lot line. If the front and rear lot lines are not parallel, the lot
depth shall be measured by drawing lines from the front to the rear
lot line(s) at right angles to the front lot line every 10 feet and
averaging the length of these lines.
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way
line. Only improved public streets may have their street lot line
counted as lot frontage. Lots having street lot lines on more than
one improved public street may not count more than one such street
lot line toward the satisfaction of the lot frontage requirement.
In instances where there is more than one street lot line, it is sufficient
if one of such street lot lines satisfies the lot frontage requirement.
It is not necessary that all such street lot lines individually satisfy
the lot frontage requirement. Any street not providing actual legal
access may not be counted as lot frontage, e.g., Garden State Parkway.
LOT LINE
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line or, in the case of triangular or otherwise irregularly shaped
lot, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line.
LOT WIDTH
The horizontal distance between the side lines of a lot,
measured at right angles to its depth, along a straight line parallel
to the front lot line at the minimum required building setback line.
LOW-INCOME HOUSEHOLD
A household with an annual income of less than 80% of the
median income for Cape May County or for the Standard Metropolitan
Statistical Area.
MAINTENANCE BOND
Any security acceptable to the Township Committee to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and in accordance with Chapter
218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
MAINTENANCE GUARANTY
Any security which may be accepted by the Township for the maintenance of any improvements required by Chapter
218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
MAJOR SITE PLAN
Any site plan which is not exempt or classified as a minor
site plan and for which no site plan waiver has been granted.
MANUFACTURED HOME
A unit of housing which:
A.
Consists of one or more transportable sections which are substantially
constructed off site and, if more than one section, are joined together
on site;
B.
Is built on a permanent chassis;
C.
Is designed to be used, when connected to utilities, as a dwelling
on a permanent or nonpermanent foundation; and
D.
Is manufactured in accordance with the standards promulgated
for a manufactured home by the Secretary pursuant to the National
Manufactured Housing Construction and Safety Standards Act of 1974,
Pub. L. 93-383 (42 U.S.C. § 5401 et seq.), and the standards
promulgated for a manufactured or mobile home by the Commissioner
pursuant to the State Uniform Construction Code Act, P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.).
MANUFACTURING
The processing and converting of raw, unfinished or finished
materials or products, or any of these, into an article or substance
of different character, or for use for a different character, or for
use for a different purpose; also industries furnishing labor in the
case of manufacturing or the refinishing of manufactured articles.
MARINA
Facilities for the docking, anchoring, mooring, launching,
storing, fueling, sales, rental and service of commercial, pleasure
and recreational boats and related boating materials, equipment and
structures, whether land- or water-based.
[Amended 10-17-2011 by Ord. No. 1398-11]
MARINE AGRICULTURE
The propagation, cultivation and collection of shellfish,
finfish, seaweed and other aquatic animals and plants.
MASTER PLAN, TOWNSHIP
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted under
N.J.S.A. 40:55D-28.
MAYOR
The chief executive of the Township.
MEDIAN INCOME
The median of household income as determined from time to
time by the United States Department of Housing and Urban Development
to be the median.
MENTALLY ILL PERSON
A person who is afflicted with a mental illness, as defined
in N.J.S.A. 30:4-23, but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
METHADONE CLINIC
A facility whose business includes the sale and/or distribution
of methadone and/or other rehabilitative drugs to recovering addicts.
For purposes of this chapter, any entity engaged in the activity specified
herein shall be construed to be a business and/or commercial operation
and not a professional office.
MIDDLE-INCOME HOUSEHOLD
A household with an annual income between 100% and 120% of
the median income for Cape May County or the Standard Metropolitan
Statistical Area.
MINOR SITE PLAN
Any site plan which proposes building alterations or expansions
which do not increase the gross floor area of the structure by more
than 30%; proposes the addition of five or fewer parking spaces; does
not include any planned development or any new street or extension
of any off-tract improvement; and contains the information reasonably
required in order to make an informed determination as to whether
the requirements established by ordinance for approval as a minor
site plan have been met. In addition, any application for development
which entails the moving of a building or buildings over, along or
across highways, streets, roads, lanes and alleys of the Township
of Middle, unless the same shall qualify as a manufactured home within
the definition contained in N.J.S.A. 54:4-1.4d, shall qualify as a
minor site plan.
MINOR SUBDIVISION
A subdivision of land of not more than five lots (four new
lots and the remaining parcel), provided that such subdivision does
not involve a planned development, any new street or the extension
of any off-street improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42, and further provided that said subdivision
is not a further division of an original tract of land for which previous
subdivisions have been approved by the Township within the current
twelve-month period and where the combination of the proposed and
previously approved minor subdivisions constitute a major subdivision.
The original tract of land shall be considered any tract in existence
at the time of adoption of this chapter as shown on the Township Tax
Maps. Any readjustment of lot lines resulting in new lots shall be
classified as a "minor subdivision" for purposes of the application
submission and review requirements but not for the purpose of counting
whether there has been a subdivision within the current twelve-month
period.
MIXED-USE DEVELOPMENT
The development of a tract of land with two or more permitted
uses, such as but not limited to residential, office, retail, public,
or entertainment, in a compact urban form.
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy and which contains plumbing and electrical
connections for attachment to outside systems; which is designed for
transportation after fabrication on streets or highways on its own
wheels; and which, upon delivery to the site, is ready for occupancy
except for minor and incidental unpacking and assembly operations,
location on jacks or other temporary foundations, connections to utilities,
and the like.
MOBILE HOME PARK
A site with required improvements and utilities for the long-term
parking of mobile homes, which may include services and facilities
for the residents.
MODERATE-INCOME HOUSEHOLD
A household with an annual income which is 80% to 100% of
the median income for Cape May County or the Standard Metropolitan
Statistical Area.
MOTEL
An establishment providing transient accommodations containing
rooms, with at least 25% of all rooms having direct access to the
outside without the necessity of passing through the main lobby of
the building.
MUNICIPAL AGENCY
The Township Planning Board or Zoning Board of Adjustment,
or the Township Committee when acting pursuant to this chapter, and
any agency which is created by or responsible to one or more municipalities
when such agency is acting pursuant to this chapter.
MUNICIPALITY
The Township of Middle, County of Cape May, State of New
Jersey.
NATIONAL FLOOD INSURANCE PROGRAM
A federal program which authorizes the sale of federally
subsidized flood insurance in communities where such flood insurance
is not available privately.
NITRATE DILUTION MODEL
A regulatory planning tool used to limit residential development
density in unsewered areas based on the carrying capacity of land.
NJPDES
New Jersey Pollutant Discharge Elimination System.
NONCONFORMING LOT
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of this chapter but which
fails, by reason of such adoption, revision or amendment, to conform
to the present requirements of the zoning district in which it is
located.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of an ordinance
or an amendment thereto which renders such sign nonconforming because
it does not conform to all the standards and regulations of the adopted
or amended ordinance.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building, the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment of
this chapter but which fails, by reason of such adoption, revision
or amendment, to conform to the present requirements of the zoning
district in which it is located.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails, by reason of
such adoption, revision or amendment, to conform to the present requirements
of the zoning district in which it is located.
NONCONTIGUOUS PARCEL CLUSTERING or NPC
A development technique that allows one parcel to be preserved
in its entirety for farming, recreation, or open space while its development
rights are conveyed to a noncontiguous parcel that is developed at
a higher density than otherwise permitted.
OCCUPANCY
The specific purpose for which land or a building is used,
designed or maintained.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established from time to time by resolution of the Board of Chosen
Freeholders of Cape May County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or a contiguous portion of the street
or right-of-way.
OFF-SITE COMMERCIAL ADVERTISING SIGN
A sign which directs attention to a business commodity, service
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space.
OPEN SPACE CLUSTERING
The grouping of residential units on a site to preserve a
large portion of land as open space, recreation or agriculture.
OPEN SPACE, COMMON
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as
are necessary and appropriate.
OUTLET CONTROL STRUCTURE
A device designed to release impounded runoff from a detention/infiltration
facility, usually by means of an orifice or weir.
OWNER
Any individual, firm, association, syndicate, copartnership, corporation or trust having sufficient proprietary interest in the land to be developed in order to commence and maintain proceedings to develop the same under Chapter
218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
PARCEL
Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established and
which is designed by its owner as land to be used as a unit.
PARKING LOT, COMMERCIAL
Any lot or area, other than a street, which is devoted to
the parking of automobiles, available for public use, whether in return
for a fee or as an accommodation for clients or customers, and which
is not directly operated by and on behalf of the use permitted in
the zone in which it is located.
PARKING SPACE
An open space or garage on a lot used for parking motor vehicles,
to which there is access from a street.
PARKING STRUCTURE, OPEN
A structure for the parking of passenger cars wherein two
or more sides of such structure are not less than 50% open on each
floor or level for 50% of the distance from the floor to the ceiling
and wherein provision for the repairing of such vehicles is not made.
Such open parking structures shall not be classified as public garages
but shall comply with the requirements of Township ordinances.
PARTIAL DESTRUCTION
A building or structure that, because of fire, flood, explosion,
or other calamity, requires the rebuilding of less than half of the
original floor area.
PARTIAL DETENTION FACILITY
Any stormwater control facility, surface or subsurface, designed
to impound runoff and both recharge it into the groundwater and release
it at a reduced rate through an outlet control structure.
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
PARTY WALL
A fire wall on an interior lot line used or adapted for joint
service between two buildings.
PERCOLATING AREA
That portion of soil utilized as the effective disposal media
for sewage.
PERCOLATION
Downward flow or infiltration of water through the pores
or spaces of rock or soil.
PERCOLATION TEST
A test designed to determine the ability of ground to absorb
water and used in determining the suitability of a soil for drainage
or for the use of a septic system.
PERFORMANCE GUARANTY
Any security in accordance with the requirements of Chapter
218, the Middle Township Subdivision of Land and Site Plan Review Ordinance, which may be accepted by the Township in lieu of a requirement that certain improvements be made before the Township approves a plat, including performance bonds, escrow agreements, letters of credit and other similar collateral or surety agreements, and also including cash, provided that the Township shall not require more than 10% of the total performance guaranty in cash.
PERMIT
An official document or certificate issued by the authority
having jurisdiction and authorizing performance of a specified activity.
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
PERSON
An individual, corporation, public agency, business trust,
partnership, copartnership, association, two or more persons having
a joint or common interest or any other legal entity.
PLANNED DEVELOPMENT
An area with a specified minimum contiguous acreage of 40
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
public or quasi-public uses, all primarily for the benefit of the
residential development.
PLANNING BOARD
The Middle Township Planning Board established pursuant to
N.J.S.A. 40:55D-23.
PLAT
One or more maps of a subdivision or a site plan which show
the location, boundaries and ownership of individual properties.
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the approving board and the applicant and after the applicant has proceeded in accordance with Chapter
218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
PRIME AGRICULTURAL LANDS
Those soils designated in the Cape May County Soil Survey
as agricultural capability Classes I and II.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which said building is situated.
PRINCIPAL USE
The main purpose for which a lot or building is used.
PRIVATE CLUB OR GROUNDS
A building or related facilities owned or operated by a corporation,
association or group of individuals established for the fraternal,
social, educational, recreational or cultural enrichment of its members
and not primarily for profit and whose members meet certain prescribed
qualifications for membership and pay dues.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained
for the conduct of that profession. It includes but is not limited
to an office for the use of accountants, doctors, attorneys, architects,
real estate agents, insurance brokers, dentists, engineers or similar
professionals.
PUBLIC AGENCIES
The government of the United States of America; the State
of New Jersey or any other state; their political subdivisions, agencies
or instrumentalities; and any interstate and regional agencies exercising
sovereign powers of government.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Township, a Township agency, the Board of Education, a state or county
agency or other public body for recreational, conservational or other
public uses.
PUBLIC PURPOSE USES
Facilities owned by governing bodies, commissions, authorities
or other public agencies for the provision of educational, recreational,
administrative or cultural services, including schools, parks, playgrounds,
municipal buildings, courthouses, post offices, police and fire stations,
libraries and museums.
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities developed linearly, roads and
streets, and other similar services provided or maintained by any
public or private entity.
PUBLIC SEWERAGE FACILITIES
Facilities, including sanitary sewers and wastewater treatment
plants, designed and constructed in accordance with the Rules and
Regulations for the Preparation and Submission of Plans for Sewer
Systems and Wastewater Treatment Plants established by the New Jersey
Department of Environmental Protection.
PUBLIC UTILITY FACILITIES
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; pumping
stations, telephone exchanges and repeater stations; and all other
facilities, equipment and structures necessary for conducting a service
by a government or a public utility. It does not include transmitting
towers.
PUBLIC WATER SUPPLY SYSTEM
A municipality or privately owned system comprising structures
which, operating alone or with other structures, result in the derivation,
conveyance (or transmission) or distribution of water for potable
or domestic purposes to consumers in 20 or more dwellings or properties
and designed and constructed in accordance with the Rules and Regulations
for the Approval of Public Water Supply Systems and Water Treatment
Plants established by the New Jersey Department of Environmental Protection.
PUMP-OUT STATION
A facility that removes sanitary waste from holding tanks
of marine sanitation devices on boats and provides proper disposal
of same as provided by NJDEP.
QUORUM
The majority of the full authorized membership of a Township
agency.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most-efficient use
of available technology, natural, human and economic resources.
RECREATIONAL USE
A place designed and equipped for the conduct of sports and
leisure-time activities.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven, and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including but not limited to travel trailers, truck campers, camping
trailers and self-propelled motor homes.
RELIGIOUS USE
A structure or place in which worship, ceremonies, rituals
and education pertaining to a particular system of beliefs are held.
RENEWABLE ENERGY SYSTEM
Any structure or installation, such as a wind turbine, solar
collecting array, or geothermal system, which is designed and intended
to produce energy from natural forces such as wind, sunlight or geothermal
heat.
REPAIR GARAGES
Establishments engaged in general repair, rebuilding, or
reconditioning of engines, motor vehicles, and trailers, including
bodywork, welding and painting service.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan, containing residential housing units which have a common or
public open space as an appurtenance.
RESIDENTIAL DENSITY
The number of permitted dwelling units per gross acre of
residential land area, including streets, easements and open space
portions of a development.
RESOURCE CONSERVATION PLAN
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
RESOURCE EXTRACTION
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay or ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
RESTAURANT
Any establishment where food is commercially sold for on-premises
consumption to patrons seated at indoor or outdoor tables or counters.
RESUBDIVISION
A.
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law; or
B.
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
RETAIL SALES
Establishments engaged in the selling or rental of goods
or merchandise (usually to the general public for personal use or
household consumption, although they may also serve business and institutional
clients) and rendering services incidental to the sale of such goods.
It includes but is not limited to groceries, foodstuffs, bakeries,
drugstores, packaged liquor sales, gift shops, hardware stores, florists,
arts and crafts stores, bookstores and arts and crafts.
RETAINING WALL
A structure erected between lands of different elevations
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
REVERSE FRONTAGE
Access to lots fronting on a major road from an accessory
street, rather than a collector street.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission lines, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for another special use; generally, the right of one to pass over
the property of another.
ROOF
The roof slab or deck with its supporting members, not including
vertical supports.
ROOF STRUCTURE
An enclosed structure on or above the roof of any part of
a building.
SCS
Soil Conservation Service District.
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity and other natural means
as a product of erosion.
SELF-STORAGE FACILITY
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
SERVICE USES
Establishments providing services, as opposed to products,
to the general public for personal or household use, such as hair
salons, computer services, dry cleaners, repair of appliances, shoes
and the like.
SETBACK
The distance between the street line and the building line.
SETBACK LINE or REQUIRED SETBACK
The term "required setback" means a line that is established
a minimum horizontal distance from the street line or the lot line,
whichever would result in the widest right-of-way, and beyond which
a building or part of a building is not permitted to extend toward
the street line or lot line. For the purposes of this chapter, the
language "a building or part of a building" shall be considered to
include steps, decks, patios, open and closed porches, HVAC units
and similar uses, none of which may be located within a designated
setback area.
SHOPPING CENTER
A group of commercial establishments owned and managed as
an operating unit. It provides on-site parking in a definite relationship
to the type and total size of the stores. The commercial establishments
may be located in one or several buildings, attached or separated.
SIDEWALK CAFE
A restaurant with tables on the sidewalk in front of or on
the side of the premises.
SIGHT TRIANGLE
A triangle-shaped portion of land, established at street
intersections, in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SIGHT TRIANGLE EASEMENT AT INTERSECTION AND/OR DRIVEWAY
A triangular-shaped area established in accordance with the requirements of Chapter
218, the Middle Township Subdivision of Land and Site Plan Review Ordinance, in which nothing shall be erected, placed, planted or allowed to grow more than three feet above the center-line grade of either street and/or driveway.
SIGN
Any object, device, display or structure or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images.
SIGN, AREA OF
The entire face of a sign, including the advertising surface
and any framing, trim or molding, but not including the supporting
structure. In the case of freestanding letters or a sign painted on
a window without any border framing or decorative attachments, it
shall be the area contained between the highest and lowest points
of the letters and the extremity points of the first and last letters.
Freestanding letters are those that have no visible means of support.
SILVICULTURE – FORESTRY
The growing and harvesting of trees for commercial purposes,
except that the following activities shall not be defined as forestry:
A.
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed.
B.
Removal of trees directly associated with the use of the property
for a nursery, garden center, Christmas tree plantation or orchard.
C.
Removal of trees directly associated with the development of
the property as otherwise authorized by this chapter.
D.
Removal of trees necessary for the maintenance of utilities
on public rights-of-way.
E.
Removal of trees for the personal use of the property owner.
F.
Removal of trees for public safety.
SITE PLAN
A development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
buildings, drives, parking spaces, and walkways.
B.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures, signs, lighting, and screening
devices.
C.
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter and the
Subdivision of Land and Site Plan Review Ordinance.
SITE PLAN REVIEW
The examination of the specific development plans for a lot.
Wherever the term "site plan approval" is used in this chapter, it
shall be understood to mean a requirement that the site plan be reviewed
and approved by the Planning Board or Zoning Board of Adjustment in
accordance with the provisions of the Subdivision and Site Plan Ordinance.
SPECIMEN TREE
Any tree of exceptional size which is listed by the New Jersey
Division of Parks and Forestry. A listing of such trees and a map
showing their location is maintained at the principal offices of the
New Jersey Division of Parks and Forestry.
STANDARDS OF PERFORMANCE
A.
Standards adopted by ordinance (N.J.S.A. 40:55D-65d) regulating
noise levels, glare, earthborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the Township; or
B.
Required by applicable federal or state laws or other Township
ordinances.
STANDARD SUBSURFACE SEWAGE DISPOSAL SYSTEM
A system for disposal of sanitary sewage into the ground,
which meets the standards of N.J.A.C. 7:9A-2.1 et seq., and which
is designed and constructed to treat sewage in a manner that will
retain most of the settleable solids in a septic tank and to discharge
the liquid effluent to an adequate disposal field, excluding those
systems which utilize a dosing tank or other comparable system to
store and deliver doses of septic tank effluent to the disposal field
and those systems that utilize sand filtration.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it, and including those basements used for the principal
use.
STORY, FIRST
The lowermost story entirely above the grade plane.
STORY, HALF
A space under a sloping roof which occupies no more than
50% of the total floor area of the story directly below.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
and other roadway:
A.
Which is an existing state, county or Township roadway;
B.
Which is shown upon a plat heretofore approved pursuant to law;
C.
Which is approved by other official action;
D.
Which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of the Planning
Board and the grant to such Board of the power to review plats; and
E.
Which includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
STREET LINE
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, when adopted, forming the dividing line between
the street and a lot. In the case of a street of undefined width,
said street line shall be assumed to parallel the center line of the
street at a minimum distance of 25 feet therefrom.
STREET LOT LINE
The lot line dividing a lot from a street or other public
space.
STRUCTURAL ALTERATION
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land.
STUDIO
A workshop or educational or instructional facility for activities
such as art, music, dance, health, fitness or other similar uses.
SUBDIVIDER
Any individual, firm, association, syndicate, partnership, copartnership, corporation, trust or any legal entity commencing proceedings under Chapter
218, the Middle Township Subdivision of Land and Site Plan Review Ordinance, to effect a subdivision of land hereunder for himself or for another with the written consent of the owner.
SUBDIVISION
A.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of Chapter
218, the Middle Township Subdivision of Land and Site Plan Review Ordinance, if no new streets are created:
(1)
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
(2)
Divisions of property by testamentary or intestate provisions;
(3)
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
(4)
Consolidation of existing lots by deed or other recorded instrument;
and
(5)
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons, and all of which are
found and certified by the administrative officer to conform to the
requirements of this chapter and are shown and designated as separate
lots, tracts or parcels on the Tax Map or Atlas of the Township.
B.
The term "subdivision" shall also include the term "resubdivision."
SUBMERGED LANDS
Those lands which are inundated with water throughout the
year.
SWIMMING POOL
A structure artificially constructed in the ground, not fully
within a building, which provides recreational facilities for swimming,
bathing or wading, and all buildings, equipment and appurtenances
thereto. It shall not include natural outdoor ponds, rivers or lakes.
TEMPORARY STRUCTURE
A structure that is erected without any foundation or footings
and is removed when the designated time period, activity or use for
which the temporary structure was erected has ceased.
TRACT
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
a reproduction thereof.
TRANSMITTING TOWER
A tall framework or structure, the elevation of which is
functional, such as for transmission of radio, television, telephone
and similar signals.
UNCONSTRAINED LAND
Vacant and developable land that is suitable for development,
including properties planned or approved for development.
USE
The purpose or activity for which land or buildings are designed,
arranged or intended or for which land or buildings are occupied or
maintained.
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes, located in a street, road, alley
or easement, through which natural gas, electricity, telephone, cable
television, water, sewage or stormwater discharge is distributed to
or from service lines extending from the main line to the distribution
system of the building or premises served.
VARIANCE
Permission to depart from the literal requirements of this
chapter.
VEGETATION
Any plant material, including grasses, shrubs and trees.
WALL
A structural member which also serves to separate space.
WAREHOUSING
A building used primarily for the storage of goods and materials
by the owner of the goods or operated for a specific commercial establishment.
WATERCOURSES
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs and all other bodies of water, natural or artificial,
public or private, which are contained within, flow through or border
the municipality or any portion thereof.
WET DETENTION BASIN
A detention basin designed to maintain a permanent pool of
water below the elevation of the lowest stage of the control structure.
WETLANDS
Those areas where the substrate is inundated or saturated
by surface water or groundwater at a frequency and duration sufficient
to support, and which under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions
known as "hydrophytes."
WHOLESALE DISTRIBUTION
A warehouse center for wholesale sales, storage and distribution,
including facilities for bulk storage.
WINERY
The production of wine and wine products, and may include
activities such as:
A.
Retail sale of wine and related items;
C.
Wine sales by glass or bottle;
H.
Catered events, provided that said activities are specifically
authorized by the Planning or Zoning Board.
YARD
An open space that lies between the principal or accessory
building or buildings and the nearest lot line. Such yard is unoccupied
and unobstructed from the ground upward except as may be specifically
provided in this chapter.
YARD DEPTH
The shortest distance between a lot line and a yard line.
YARD, FRONT
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line.
YARD, GENERAL REQUIREMENTS
As to a front, rear or side yard, easements on adjacent properties
shall not be used in order to fulfill the requirements for each such
yard.
YARD LINE
A line drawn parallel to a lot line at the distance therefrom
equal to the depth of the required yard.
YARD, REAR
A space extending across the full width of the lot between
any building and the rear lot line and measured perpendicular to the
building to the closest point of the rear lot line. Such rear yard
is unoccupied and unobstructed from the ground upward except as may
be permitted elsewhere in this chapter.
YARD, REQUIRED
The open space between a lot line and the buildable area
within which no structure shall be located except as provided in this
chapter.
YARD, SIDE
A space extending from the front yard to the rear yard between
any building and the side lot line, measured perpendicular from the
side lot line to the closest point of the principal building. Such
side yard is unoccupied and unobstructed from the ground upward except
as may be permitted elsewhere in this chapter.
ZONING
The reservation of certain specified areas within a community
or city for buildings and structures or use of land for certain purposes,
with other limitations such as height, lot coverage and other stipulated
requirements.
A. Which may be required by this chapter as a condition precedent to
the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and
B. Which acknowledges that such use, structure or building complies
with the provisions of this chapter or variance therefor duly authorized
by a municipal agency pursuant to this chapter.