As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY BUILDING OR STRUCTURE
A freestanding building or structure subordinate to and customarily
incidental to the principal building or structure on the same lot.
ACCESSORY USE
A use which is subordinate to and customarily incidental
to the principal use located on the same lot; where an accessory use
is contained in a structure which is attached to the principal building,
such building shall be considered part of the principal building for
the purpose of determining the required yard dimensions.
ADMINISTRATIVE OFFICER
The individual appointed to administer the provisions of
this chapter except when a matter has been appealed to the Township
Committee and/or is pending before the Township Committee, then and
in that event, the administrative officer shall be the Clerk of the
Township.
ADULT
Any person or persons who have attained the age of 18 years.
ADULT BOOKSTORE
An establishment, business or use having as a predominant
part of its stock-in-trade books, magazines, photographs, pictures,
films, devices or other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating specified
sexual activities or specified anatomical areas and limiting the sale
of such sexual matter to adults.
ADULT MOTION-PICTURE THEATER
An enclosed building with the capacity of one or more persons
used predominately for presenting material distinguished or characterized
by an emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas presented for observation
by patrons therein.
ADVERSE EFFECT
Development designs, situations, or existing features on
a developer's property, or any nearby property, creating, imposing,
aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions such as layout inconsistent with the zoning regulations,
insufficient street width, unsuitable street grade, unsuitable street
location, inconvenient street system, inadequate utilities such as
water, drainage, shade trees, and sewerage, unsuitable size, shape
and location for any area reserved for public use or land for open
space in a planned development, infringement upon land designated
as subject to flooding, and the creation of conditions leading to
soil erosion from wind or water from excavation or grading.
AESTHETIC AND HISTORICAL QUALITIES
Those qualities possessed by any building, set of buildings,
site, area or parcel of land which by virtue of its role in history
or general appearance represents a unique quality or feature in the
Township.
AGRICULTURE
A use of substantially undeveloped land devoted to the production
of plants and/or animals useful to man and/or such properties that
are classified as agricultural by virtue of the Farmland Use Taxation
Laws.
ALTERATIONS, STRUCTURAL
Any change, relocation, or rearrangement of any supporting
members, exterior walls or roofs of an existing building.
ALTERNATIVE MOTOR VEHICLE FUELING STATION
A facility for the retail sale of alternative motor vehicle
fuels from pumps to motor vehicles. Alternative motor vehicle fueling
stations may operate 24 hours per day.
[Added 5-28-2013 by Ord. No. O-13-16]
ALTERNATIVE MOTOR VEHICLE FUELS
Fuels other than gasoline, gasohol, Ethanol 85, Methanol
85, diesel or kerosene that propel vehicles. Alternative motor fuels
include, but are not limited to, LPG (propane, butane), compressed
natural gas (CNG), biodiesel, hydrogen, liquefied natural gas (LNG)
or electricity.
[Added 5-28-2013 by Ord. No. O-13-16]
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
APARTMENT
A dwelling unit in a building having two or more dwelling
units therein and sharing services such as entranceways, hallways,
basements, attics, heating systems, plumbing, or other similar shared
services within the building singularly or in combination.
[Amended 3-25-2003 by Ord. No. O-03-3]
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
for approval of a subdivision plan, site plan, planned development,
conditional use, zoning variance, or direction of the issuance of
a permit pursuant to this chapter.
APPROVING AUTHORITY
The Planning Board unless a different agency is designated
when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
AQUIFER RECHARGE AREA
An area where rainfall infiltrates the ground to water-bearing
geological formations for retention.
ARTIST'S BODY PAINTING STUDIO
An establishment or business which provides the service of
applying paint or other substances, whether transparent or nontransparent,
to or on the human body when such body is fully or partially nude.
AUCTION or AUCTION MARKET
A room, building or open air area space regularly or periodically
devoted to the sale of goods to the highest bidder.
[Added 6-17-2008 by Ord. No. O-08-11]
AUTOMOBILE DEALERSHIP REPAIR AND MAINTENANCE FACILITIES
Facilities operated by automobile dealerships located in
Freehold Township involved in providing repair and maintenance services
for new and used automotive vehicles, such as passenger cars, trucks,
vans, and trailers, that employ mechanics with specialized technical
skills to diagnose and repair mechanical and electrical systems for
automotive vehicles, repair automotive interiors; paint or repair
automotive exteriors including bodies and frames; and repair and replacement
of engines, exhaust systems, transmissions and glass; and to provide
automotive vehicle services including motor oil and lubrication, car
washes and detailing in accordance with Subsector 811 of the North
American Industry Classification System.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
BASEMENT
A story partly underground, but having less than 1/2 its
height below the average level of the adjoining ground.
BLOCK
An area bounded by streets.
BOARDINGHOUSE
The meaning set forth in N.J.S.A. 55:13B-3.
[Added 4-25-2023 by Ord. No. O-23-4]
BUFFER
A landscaped area designed to act as a visual screen between
a potentially unsightly or otherwise undesirable or incompatible use
and adjacent properties.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
BUILDING COVERAGE
The horizontal area measured within the outside of the exterior
walls of all principal and accessory buildings on a lot.
[Added 3-28-2023 by Ord. No. O-23-3]
BUILDING HEIGHT
(1)
PRINCIPAL BUILDINGThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
(2)
ACCESSORY BUILDINGThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.
BUILDING LINE
A line formed by the intersection of a horizontal plane and
a vertical plane that coincides with the most projected exterior surface
of the building. All yard requirements are measured to the building
line.
BUILDING MATERIALS
Materials that can be arranged, united, or joined to support,
frame, enclose, sheath, or be otherwise fashioned into a building
or structure. Such materials include, but are not limited to, rough
or dressed lumber, millwork, roofing, shingles, wallboard, molding,
plywood, Sheetrock, bricks, doors, windows, paneling, or concrete
block.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the site on which it is situated.
BUILDINGS
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
A structure having a roof supported by columns, piers or walls, including
tents, lunch wagons, trailers, dining cars, camp cars or other structures
on wheels or other supports, and designed or used for shelter, housing
enclosure, or storage of persons, animals or chattel.
CABARET
An establishment or use which features topless dancers, go-go
dancers, exotic dancers, strippers, male or female impersonators or
similar entertainers.
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 children or adults, or both,
for a maximum of 15 days in any calendar year, for recreation, education
or vacation purposes.
[Amended 12-27-2005 by Ord. No. O-05-48]
CAMPSITE
Any plot of ground within a campground intended for the exclusive
occupation by camping unit or units under control of the camper.
CELLAR
A story partly underground and having more than 1/2 its height
below the average level of the adjoining ground.
CERTIFICATE OF DEVELOPMENT CREDIT
A calculation of the Planning Board indicating the existence
of a certain specified number of development credits as determined
by the Township of Freehold.
CHANGE OF USE
Any alteration or modification which results in a use which
is not substantially of the same kind or purpose as the original use.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage, or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
CLEAR-SIGHT DISTANCE
A line of unobstructed vision from a point 4 1/2 feet
above the center line of a street or alley to the nearest point on
the top of an object four inches high of the same center line.
COMMERCIAL SCHOOLS
An organization which teaches and provides courses of study
of value and benefit to the general populace for a fee, which may
include but not be limited to the following general examples of commercial
schools: aircraft, archery, arts and crafts, barber, beauty, cooking,
dancing, driving, modeling and reading.
COMPATIBLE USE
Two or more uses of land not in conflict with each other.
COMPLETE APPLICATION
An application completed as specified by the completeness checklists adopted pursuant to §
190-4B hereof, provided that the Township agency may require such additional information not specified in the section, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Township agency. An application shall be certified as complete upon the meeting of all requirements specified in the completeness checklists adopted pursuant to §
190-4B hereof, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Township agency.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the zoning provisions of this chapter, and upon the
issuance of an authorization therefor by the Planning Board.
CONDOMINIUM
A form of ownership of real property which consists of the
building or buildings, common elements and other property described
in a master deed and as generally set forth in N.J.S.A. 46:8A-1 et
seq.
CONGREGATE LIVING FACILITY
Residential facilities containing congregate kitchen, dining
and living areas, but with separate sleeping rooms. Such facilities
shall not be used for persons in need of the skilled care or structured
care of a nursing home or institution.
CONGREGATE LIVING FACILITY FOR THE ELDERLY
A residential facility for four or more elderly (age 60 or
older) within which is provided living and sleeping facilities, meal
preparation, laundry services, and room cleaning. Such facilities
may also provide other services such as transportation for routine
social and medical appointments and counseling.
COOPERATIVE SOBER LIVING RESIDENCE (CSLR)
A recovery home that is a rooming or boardinghouse that has
been issued an "F" license by the New Jersey Department of Community
Affairs pursuant to N.J.A.C. 5:27-1.1 et seq. It does not operate
as a single housekeeping unit. The 2017 New Jersey Uniform Construction
Code defines a CSLR as "a residential setting that serves solely
as a home for individuals who are recovering from drug or alcohol
addiction and is intended to provide an environment where the residents
can support each other's sobriety and recovery." In addition to the
other requirements specified in the regulations, a cooperative sober
living residence must satisfy the following criteria:
[Added 4-25-2023 by Ord. No. O-23-4]
(1)
Management by an entity or organization that provides an operator
who shall reside in the residence and exercise some level of control
over the operation of the residence and establishes the residence's
rules;
(2)
Occupancy shall not exceed 10 individuals, exclusive of the
operator;
(3)
The requirement of the maintenance of an alcohol- and drug-free
environment;
(4)
No provision of on-site counseling therapy, clinical treatment,
or alcohol and/or drug treatment by the licensee;
(5)
No provision of food, laundry, financial, or other personal
services by the licensee;
(6)
Ability of licensee, at its discretion, to provide nonclinical
recovery and support services. The licensee may also elect to mandate
or encourage residents to attend self-help recovery programs, participate
in activities related to maintaining sobriety and continuing recovery,
or receive off-site services deemed desirable or necessary to maintain
sobriety; and
(7)
Ability of licensee, at its discretion, to require drug or alcohol
testing of residents.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of Monmouth County, New Jersey, with the accompanying maps, plats,
charts and descriptive and explanatory matter adopted by the Monmouth
County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COWORKING SPACE
A building or portion thereof consisting of a shared office
environment containing desks or other workspaces and customary office
facilities, which allows individuals and groups employed by various
organizations to operate independently or collaboratively.
[Added 5-25-2021 by Ord. No. O-21-10]
CRITICAL AREA
Lands within the one-hundred-year floodplain; wetlands and
wetlands buffers; lands containing steep slopes of 15% or greater;
lands that are highly erodible as indicated by an erodibility factor
"k" computed by the USDA Natural Resources Conservation Service for
soils of 0.40 or greater; lands which have a seasonal high-water table
of 24 inches or less; lands contained within conservation easements.
[Amended 9-13-2005 by Ord. No. O-05-30]
DEVELOPABILITY
The capability of a parcel of land to accommodate the uses
intended or proposed for it at the density intended or proposed for
it based upon this chapter and the Environmental Impact Ordinance.
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
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alterations,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in use of
any building or other structure, or land or extension of use of land,
for which permission may be required pursuant to this chapter.
DEVELOPMENT REGULATION
A land use ordinance, zoning ordinance, subdivision ordinance,
site plan ordinance, official map ordinance, or other Township regulation
of the use and development of land, or amendment thereto adopted and
filed pursuant to N.J.S.A. 40:55D-1 et seq.
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
DORMITORY (as applicable to Hospital Zone)
A residence hall providing separate rooms or suites for individual
nurses or individual interns, or for groups of two, three or four
nurses or interns with common bathroom facilities, separate facilities
being provided for both sexes.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with Chapter
One of Title 58 of the Revised Statutes.
DRIVE-THROUGH FACILITY
A facility such as a window or kiosk associated with a commercial
use which permits customers to order, pay for, or receive goods or
services while remaining in their automobile outside of an enclosed
building.
[Added 5-25-2021 by Ord. No. O-21-10]
DWELLING, TWO FAMILY
A building designed for or occupied exclusively by two families
living independently of each other.
DWELLING UNIT
A building, or portion thereof, providing complete living
facilities for one or more persons living together as a single housekeeping
unit in one or more rooms with cooking, living, sanitary and sleeping
facilities.
[Amended 6-17-2008 by Ord. No. O-08-11]
EARTH ANTENNA or GROUND TERMINAL
Any apparatus or device, commonly known as an earth terminal
antenna, earth terminal, earth station, satellite communications antenna,
satellite antenna, microwave dish antenna, or dish antenna and including
as part of such apparatus or device the main reflector, subreflector,
feed, amplifier and support structure which is designed for the purpose
of transmitting and/or receiving microwave, television, radio, satellite
or other electromagnetic energy signals into or from space, but not
including conventional personal television and radio and amateur radio
antennas.
EARTH TERMINAL, PERSONAL
An earth terminal intended solely for the reception of radio
and/or television signals from a satellite being employed for only
private, noncommercial purposes related to a residential use containing
fewer than 10 dwelling units.
EASEMENT
The grant of the right to use land for certain public or
quasi-public purposes.
ELECTRONIC GRAPHIC DISPLAY SIGN
A sign or portion thereof that displays electronic, static
images, static words, static graphics or static pictures, with or
without text information, defined by a small number of matrix elements
using different combinations of light-emitting diodes (LEDs), fiber
optics, light bulbs or other illumination devices within the display
area where the message change sequence is accomplished immediately
or by means of fade, repixalization or dissolve modes. Electronic
graphic display signs include computer programmable, microprocessor-controlled
electronic or digital displays.
[Added 11-12-2013 by Ord. No. O-13-34]
ENTERTAINMENT EVENT CENTER
A commercially operated enterprise within an enclosed building
that acts as a venue for concerts and community events containing
restaurants and other forms of entertainment. Entertainment event
centers shall contain a minimum of 40,000 square feet of space.
[Added 11-12-2013 by Ord. No. O-13-34]
EROSION
Detachment and movement of rock or soil fragments by water,
wind, ice or gravity.
ESSENTIAL SERVICES
Facilities installed and/or maintained by a public utility
or governmental agency, including gas, electrical, telephone, telegraph,
water, sewage transmission and/or distribution systems and other similar
services, including mains, drains, sewers, pipes, conduits, cables,
and normal aboveground appurtenances such as fire alarm boxes, police
call boxes, light standards, poles, traffic signals, and hydrants,
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by public
utilities or municipal or other government agencies necessary for
the general health, safety and welfare of the public. Essential services
shall not be deemed to include wireless telecommunications towers
and antennas.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displayed or relocated.
EXTENSION SCHOOL
Institutions which are affiliated with accredited colleges,
universities or other institutions of higher learning and which provide
courses of study at locations separate and apart from the main campus.
FAA
The Federal Aviation Administration.
FAMILY
Any number of individuals related by blood, marriage, adoption
or by agreement and their domestic employees, living together as a
single housekeeping and domestic unit, and sharing rooms and other
housekeeping facilities in common.
FARM
A parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
horses, poultry and dairy products, but excluding the raising of fur-bearing
animals and swine, riding academies, livery stables or dog kennels.
FARM MARKET
Any establishment predominantly engaging in the sale of agricultural
products and not qualifying as a farm stand as defined herein. The
property owner and/or farm market operator must apply for and receive
a zoning permit and site plan approval.
FARM STAND
An establishment consisting of a stand, wagon, structure
or building, with a total gross floor area not exceeding 900 square
feet located on and/or immediately adjacent to agriculturally used
property from which is offered for retail sale to the general public
farm produce for human consumption, flowers or plants, 90% of which
is grown within the State of New Jersey.
FCC
The Federal Communications Commission.
FENCE
A structure forming an enclosure of an open area and designed
to prevent straying from within or intrusion from without such enclosure,
or to provide a visual or physical barrier.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fullfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
FLEA MARKET
A single location use wherein there are multiple vendors
who have paid a fee for the privilege of occupying the space allotted
to each vendor for the purpose of displaying and selling items of
tangible personal property. Said location may be either open, enclosed
or a combination of both. An enclosed "flea market" shall mean a flea
market at a single location enclosed in a building or structure, rather
than an open area not enclosed by a building or a structure.
[Added 6-17-2008 by Ord. No. O-08-11]
FLOOR AREA
In any and all buildings, the total gross area of all floors.
FLOOR AREA; GROSS HABITABLE OR GROSS LEASABLE; FLOOR AREA RATIO
In any and all buildings, the total gross area of all floors
shall be calculated as follows for the corresponding types of buildings:
[Amended 9-13-2005 by Ord. No. O-05-30; 4-28-2009 by Ord. No.
O-09-10]
(1)
FLOOR AREA, GROSS HABITABLEThe sum of the areas of the floor or floors of a building which are enclosed and suitable for human occupancy and have a clear ceiling height of at least seven feet, six inches, including closet space, attached garages and hallways, and excluding cellars, attics, dead air space, open porches, breezeways, and all accessory buildings. Such area shall be measured from outside to outside of exterior walls or from the center line of the wall separating two dwelling structures.
(2)
FLOOR AREA, GROSS LEASABLEThe sum of the areas of the floor or floors of a building or buildings which are enclosed and suitable for leasing to and utilized exclusively by commercial, office or service businesses. Covered sidewalks and enclosed mall open space areas, hallways, equipment rooms and entranceways, loading areas and similar space used in common or for the benefit of the shopping center or other areas not leased to tenants are excluded. Such area shall be measured from inside to inside of exterior walls or from a center line of the wall separating two commercial/industrial structures.
(3)
FLOOR AREA RATIO (FAR)The sum of the floor area of all floors of buildings or structures, as calculated using the definitions set forth in “floor area,” compared to the developable total area of the site.
FORESTER
The Township employee holding the position of "Supervisor--Trees." See Chapter
336, Trees, of the Code of the Township of Freehold.
FUELING PRODUCT PRICE SIGN
A sign designed to advertise fuel prices for gasoline and
alternative motor vehicle fueling stations that may be operated manually
or electronically.
[Added 5-28-2013 by Ord. No. O-13-16]
FUNERAL HOME
A structure or facility in which deceased human beings are
prepared for ultimate burial or other disposition off site, and in
which reception areas for viewing and final rites are provided.
GARAGE
Any building other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
lubrication, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
GARAGE, PRIVATE
A garage, whether attached or freestanding, used for storage
purposes only and having a capacity of not more than three automotive
vehicles or not more than one automotive vehicle per family housed
in the building to which such a garage is accessory, whichever is
greater. Space between may be utilized for not more than one commercial
vehicle, and space may be rented for not more than two vehicles of
other than occupants of the building to which such garage is accessory.
Three-car garages shall not exceed 24 feet by 36 feet and 864 square
feet, two-car garages shall not exceed 24 feet by 24 feet and 576
square feet and one-car garages shall not exceed 24 feet by 12 feet
and 288 square feet.
[Amended 9-24-2013 by Ord. No. O-13-30]
GARAGE SALE
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale," “yard sale”
or any similar casual sale of tangible personal property which is
advertised or displayed by any means whereby the public at large is
or can be made aware of the sale.
[Added 6-17-2008 by Ord. No. O-08-11]
GARDEN APARTMENT
A multiple family dwelling or dwellings designed and constructed
as a functional unit, not exceeding two stories in height, providing
a resident superintendent, and featuring the extensive use of lawn
areas and landscaping.
GRADE, FINISHED
The elevation of the completed surface of lawns, walks, and
roads brought to grades as shown on official plans or designs relating
thereto, or already in existence.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development.
[Added 12-23-2014 by Ord. No. O-14-19]
HISTORIC COMMERCIAL VILLAGE
A planned commercial development which contains a mixture
of offices, retail stores, shops, personal services, restaurants,
and other nonresidential uses as specified in this chapter. An historic
commercial village shall be designed in a manner such that the architecture
of the new buildings as well as the layout of the site are designed
to complement the historic buildings and structures on the site as
well as the historical character of Freehold Township.
INDOOR COMMERCIAL RECREATION
An establishment where recreation activities are provided
to the general public within an enclosed building and for which user
fees are charged. Uses include, but are not limited to, movie theaters,
performing arts facilities, assembly halls, roller- and ice-skating
rinks, indoor climbing gyms, amusement arcades, bowling alleys, billiards,
batting cages, play equipment, and virtual experience centers. Indoor
commercial recreation does not include fitness and recreational sports
centers (NAICS 713940), nightclubs, or instructional schools or studios.
[Added 5-25-2021 by Ord. No. O-21-10]
INSTRUCTIONAL SCHOOLS AND STUDIOS
Establishments which provide classes, instruction, courses
of study, and workshops to the general public, including, but not
limited to, dance, yoga, Pilates, personal training, culinary arts,
creative arts and crafts, music, martial arts, academics and athletics.
[Added 5-25-2021 by Ord. No. O-21-10]
LED
Light-emitting diode, an electronic semiconductor device
that emits light when an electrical current is passed through it.
[Added 5-28-2013 by Ord. No. O-13-16]
HISTORIC SITE
Any building, structure, area or property that is significant
in history, architecture, archeology or culture of this state, its
communities or the nation, and which may be so designated by the Township
Committee.
HOTEL/MOTEL
A building containing guest sleeping bedrooms used, rented
out or hired out for sleeping purposes, where separate cooking or
kitchen facilities are not provided in individual rooms, but where
ancillary facilities, including restaurants, cocktail lounges, guest
services shops (for newspapers, magazines, personal goods, souvenirs,
sundries and similar types of items customarily provided in a motel
or hotel facility), exercise rooms, swimming pools and computer rooms
are provided within the building. In hotels or motels which provide
suites or guest rooms with two or more bedrooms, each bedroom shall
be deemed to be a separate guest sleeping bedroom for purposes of
this chapter.
[Amended 6-22-2004 by Ord. No. O-04-23; 11-1-2016 by Ord. No. O-16-15]
HOUSE OF WORSHIP
Any structure or building that is used as the regular site
for traditional services, meetings and/or gatherings of an organized
religious body or community, which services, meetings and/or gatherings
are presided over by the ordained or otherwise officially recognized
leader of that body or community. Exempted are incidental, ancillary,
temporary or sporadic meetings attended by a small number of persons
such that the character of the zone district in which it is located
is not compromised for occupants of properties in that area
[Added 9-25-2007 by Ord. No. O-07-25]
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
[Added 3-28-2023 by Ord. No. O-23-3]
INTERESTED PARTY
(1)
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and
(2)
In the case of a civil proceeding in any court
or in an administrative proceeding before a Township agency, any person,
whether residing within or without the Township, whose right to use,
acquire, or enjoy property is or may be affected by any action taken
under this chapter or whose rights to use, acquire, or enjoy property
under this chapter, or under any other law of this state or of the
United States have been denied, violated, or infringed by an action
or a failure to act under this chapter.
JUNKYARD
The use of more than 200 square feet of any lot for the storage,
keeping, or abandonment of automobiles or boats not in operating condition
or other vehicles or machinery or parts thereof.
LIFE CARE FACILITY
Any residential development providing efficiency, one-bedroom
and/or two-bedroom dwelling units with common dining, recreation,
and medical or nursing home facilities for persons 60 years of age
or older. A life-care facility must: 1) be licensed and staffed for
skilled care; 2) contain common kitchen and dining facilities; 3)
have call button monitoring systems and a medical file system; 4)
have on-premises physical therapy; 5) have on-premises personal services,
library, educational, social, and occupational facilities, and available
transportation.
LONG-TEAM-CARE FACILITY
A facility or distinct part of a facility licensed by the
New Jersey State Department of Health and Senior Services as a long-term-care
facility in accordance with Title 8, Health, Chapter 39, Standards
for Licensure of Long-Term-Care Facilities, of the New Jersey Administrative
Code.
[Added 12-22-2015 by Ord.
No. O-15-25]
LOT
A designated parcel, tract, or area of land established by
a plan or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
LOT AREA
The size of a lot measured between the lot lines and expressed
in terms of acres or square feet, but excluding that part of a lot
included in a street right-of-way.
LOT, CORNER
A parcel of land at the intersection of and fronting on two
or more streets, the front yard thereof shall be that area of the
lot between a street and the main entrance to any building located
thereon.
LOT COVERAGE
The percentage of the total lot area which is covered by
impervious surfaces, principal buildings, and accessory buildings
and uses.
[Amended 3-28-2023 by Ord. No. O-23-3]
LOT DEPTH
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
LOT LINE
Any line dividing one lot from another lot or from a public
thoroughfare.
LOT FRONTAGE
That portion of a lot extending along a street line.
LOT WIDTH
The mean horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
LOT YIELD PLAN
A subdivision layout plan indicating the number of conforming lots possible using the conventional zoning requirements of the zone district in which the property is located. The lot yield plan shall be prepared to include a lot or lots for stormwater detention or provide a realistic alternative for meeting the site's stormwater management needs. The lot yield plan shall be utilized to determine the number of lots that may be created in accordance with §
190-161, Variable lot option and cluster regulations, and the number of density bonus lots that may be permitted in accordance with §
190-141.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the
Township Attorney for the maintenance of any improvements required
by this chapter.
MASSAGE SHOP
An establishment, business or use which provides the service
of massage and body manipulation including exercises, heat, and light
treatments of the body and all forms and methods of physiotherapy
unless operated by a medical practitioner or professional physical
therapist licensed by the State of New Jersey.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to §
190-23 et seq. of this chapter.
MINOR SITE PLAN
(1)
A site plan for construction of an addition
or modification to an existing building, which addition or alteration:
[Amended 2-22-2011 by Ord. No. O-11-4]
(a)
Shall not exceed 1,500 square feet in floor
area.
(b)
Shall not result in the addition of more than
five parking spaces.
(c)
Shall not involve any change of use or require
a use variance, encroach into any required front, side or rear yard
or exceed minimum or maximum design standards contained in this chapter.
(2)
No development, including parking spaces, shall
encroach into any buffer, landscape area, drainage area, wetlands
area or open space required by this chapter or designated for such
purpose(s) on a previously approved site plan or subdivision plan
or other approved by the Planning Board.
[Amended 12-22-2015 by Ord. No. O-15-26]
(3)
There shall be no alterations of the existing
drainage involving construction of, addition or modification to, site
grading or addition of parking spaces and/or aisles which, in the
written opinion of the Township Engineer, would substantially change
the direction or quantity of storm drainage or surface water flow;
(4)
The proposed addition or alteration shall not
violate any requirements of this chapter or other ordinances of the
Township nor any condition of a previously approved site plan.
(5)
The total disturbed area of the site shall not
exceed 5,000 square feet or require Freehold Soil Conservation Service
approval.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision. Any
proposed subdivision which would otherwise qualify as a minor subdivision
shall be classified as a major subdivision if the subdivision under
consideration represents a further subdivision of an original tract
of land for which a previous minor subdivision has been approved by
the Planning Board and the combination of the proposed and approved
minor subdivision shall constitute a major subdivision. The original
tract of land shall be considered any tract in existence on July 10,
1967.
MINOR SUBDIVISION
Any subdivision containing not more than two lots plus the
remainder fronting on an existing street approved to Township standards,
not involving any planned development, a new street or road, the extension
of a street or road and/or municipal facilities or an extension of
any off-tract improvement the cost of which shall be pro rated pursuant
to this chapter and not adversely affecting the development of the
remainder of the parcel of adjoining property.
MULCHING
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place, and
aid in established plant cover.
NEIGHBORHOOD COMMERCIAL
Commercial uses located within a planned development which
do not exceed 5% of the developed site thereof and which are designed
to be compatible with and primarily provide service for the accompanying
residential uses of the planned development.
NONCONFORMING LOT
A lot the area, dimension, or location of which was lawful
prior to adoption of this chapter, but which fails to conform to the
requirements of the zoning district in which it is located.
NONCONFORMING STRUCTURE
A structure the size, dimension, or location which fails
to conform to the requirements of the zoning district in which it
is located.
NON-OXFORD HOUSE MODEL RECOVERY HOME
A recovery home that does not operate using the Oxford House
model and does not operate as a single housekeeping unit. Examples
of activities that indicate the house is a non-Oxford House model
may include, but are not limited to, residents enter into individual
leases with the owner or operator of the home for the occupancy of
their room and the common area; there is a limited number of staff
on-site who will enforce rules, oversee the taking of medication,
and perform random drug screening; residents are required to attend
AA/NA meetings; residents are required to attend mandatory house meetings;
residents are prohibited from sleeping outside the house; staff enforces
a curfew; or guests are prohibited. They are rooming homes or boardinghouses.
[Added 4-25-2023 by Ord. No. O-23-4]
NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS)
The NAICS is an industry classification utilized by the United
States, Canada and Mexico that groups establishments into industries
based on the activities in which they are primarily engaged, covering
producing and nonproducing economic activities. The NAICS manual is
published by the U.S. Government Printing Office, Superintendent of
Documents, Mail Stop SSOP, Washington, DC 20402-9328 (ISB 0-16-049698-5)
or through the National Technical Information Service, Springfield,
Virginia 22161 (NTIS Order Number: PB98-127293INO) (ISBN-0-934213-56-9).
Web site information about the NAICS including printed and CD ROM
versions of the NAICS Manual can be found at:
(1)
http://www.census.gov/pub/epcd/www/naics.html.
(2)
http://www.ntis.gov/product/naics.htm.
NOTICE
Whenever notice is required by this chapter and a specific
method for giving same is not set forth, then and in that event, notice
shall be required to be given by certified mail and/or in person.
If notice is given personally, the person giving same shall retain
a receipt acknowledging the fact that notice was given.
OBSCENE MATERIAL
As defined by N.J.S.A 2C:34-2, includes any description,
narrative account, display, or depiction of sexual activity or anatomical
area contained in, or consisting of, a picture or other representation,
publication, sound recording, live performance, or film, which by
means of posing, composition, format or animated sensual details:
[Added 11-12-2013 by Ord. No. O-13-34]
(1)
Depicts or describes, in a patently offensive way, ultimate
sexual acts, normal or perverted, actual or simulated, masturbation,
excretory functions, or lewd exhibition of the genitals;
(2)
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole; and
(3)
Is a part of a work which, to the average person applying contemporary
community standards, has a dominant theme, taken as a whole, which
appeals to the prurient interest.
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 Monmouth County pursuant to N.J.S.A. 40:27-5.
OFFICIAL NEWSPAPER
The newspaper and/or newspapers officially designated by
the Township Committee for publication of legal notices.
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 a street or
right-of-way.
OFF TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed, or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets,
and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land.
OXFORD HOUSE MODEL RECOVERY HOME
Oxford House has been authorized by Congress to provide community
living arrangements for persons with drug and alcohol addiction. It
is a recovery home in which the residents are self-governing, all
residents contribute to the maintenance and expenses of the house,
the residents determine who can reside in the house, there is no limit
to how long an individual can reside in the house, there is no addiction
treatment, therapy, or paid staff provided; the house operates as
a single housekeeping unit, and the house is not required to be licensed
by the New Jersey Department of Community Affairs.
[Added 4-25-2023 by Ord. No. O-23-4]
PAD SITE
An ancillary, freestanding commercial development area located
within a shopping center or planned commercial development but separate
and apart from the principal structure(s).
[Added 5-25-2021 by Ord. No. O-21-10]
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 pursuant to this chapter.
PERFORMANCE GUARANTEE
Any security, which may be accepted by the Township Committee,
including cash, in lieu of the installation of specified required
improvements before approval of a final map, provided that the Township
shall not require more than 10% of the total performance guarantee
in cash.
PERSONAL SERVICES
Services provided by establishments and/or individuals primarily
engaged in providing services generally involving the care of the
person or his apparel, such as barbershops, beauty shops, nail salons,
photographic studios, shoe repair, shoe shine parlors, beauty spas,
tailor shops, seamstress, and dry cleaning and laundry including pickup
facilities, but excluding industrial laundries and dry-cleaning plants,
and services similar to or related to these types of services.
PLANNED ADULT COMMUNITIES
One or more contiguous parcels of land having a total land
area of 75 or more acres under common ownership or control which is
planned for development with residential dwelling units and other
structures and facilities and which has been approved by the Township
prior to the adoption of this chapter.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster (variable lot), planned commercial development,
planned industrial development, or planned adult community.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous or noncontiguous
acreage of 10 acres or more to be developed as a single entity according
to a plan, containing one or more residential clusters or planned
unit residential developments and one or more public, quasi-public,
commercial or industrial areas in such ranges of ratios of nonresidential
uses to residential uses as shall be specified in the zoning ordinance.
[Added 12-23-2014 by Ord. No. O-14-19]
PLANNING BOARD
The Township Planning Board established pursuant to this
chapter.
PLAT
A map or maps of a subdivision or site plan.
PORTABLE ON-DEMAND STORAGE STRUCTURE
Includes any container, storage unit, shedlike container
or other portable structure that can be or is used for the storage
of personal property or materials of any kind on a temporary basis
and is located on a residential property outside an enclosed building
other than an accessory building or shed complying with all Township
construction code and land use requirements.
[Added 9-24-2013 by Ord. No. O-13-31]
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
PRINCIPAL USE
The primary or main purpose for which a lot or building is
being utilized.
PROFESSIONAL OFFICE
Includes offices by professional, executive, engineer or
for other administrative purposes, including but not limited to doctors,
lawyers, accountants, engineers, architects and other similar professions
which require a comparable degree of training, education and experience.
PUBLIC AREAS
(1)
Public parks, playgrounds, trails, paths, and
other recreational areas;
(2)
Other public open spaces;
(3)
Scenic and historic sites; and
(4)
Sites for schools and other public buildings
and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate Township agency or
any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Township, Township agency, board of education, State or county agency,
or other public body for recreational or conservational uses.
QUORUM
The majority of the full authorized membership of any Township
agency.
RECEIVING AREA
An area or parcel of land to which development credits generated
within a sending area may be transferred and in which increased development
is permitted in connection with the possession of such rights.
RECOVERY HOME
A residential environment that provides people in recovery
a safe alcohol- and drug-free place to live as they transition back
into the community.
[Added 4-25-2023 by Ord. No. O-23-4]
RECYCLING AREA
A space allocated for collection and storage of source-separated
recyclable materials.
REGIONAL MALL SHOPPING CENTER
An integrated commercial development consisting of over 400,000
square feet of gross leasable area, which is planned, constructed,
and operated as single entity consisting of such uses as retail stores
and shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, and indoor commercial recreation
housed in an enclosed building or buildings on one or more lots and
utilizing such common facilities as customer parking, pedestrian walkways,
truck loading and unloading space, utilities, and sanitary facilities.
[Added 5-25-2021 by Ord. No. O-21-10]
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area before requirements for streets, easements, and open space
portions of a development.
RESTAURANT
An establishment at which food is sold for consumption on
the premises to patrons seated within an enclosed building.
RESTAURANT, COUNTER-SERVICE
An eating establishment at which food and beverages are typically
ordered and paid for at a counter within an enclosed building for
consumption on or off the premises.
[Added 5-25-2021 by Ord. No. O-21-10]
RESTAURANT, FAST-FOOD
An eating establishment at which food and beverages are typically
ordered, paid for, and served to patrons at a counter within an enclosed
building and/or within automobiles outside of an enclosed building
via a drive-through facility, for consumption on or off the premises.
[Amended 5-25-2021 by Ord. No. O-21-10]
RESTAURANT, FULL-SERVICE
An eating establishment at which food and beverages are ordered
by and delivered to patrons at a seating area for consumption on the
premises, with or without service of alcoholic beverages, and which
may provide ancillary take- out service.
[Added 5-25-2021 by Ord. No. O-21-10]
RESUBDIVISION
(1)
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
(2)
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RETAIL
Relating to the sale of goods in small quantities to ultimate
consumers for personal or household consumption and not bulk sale
of goods to customers engaged in the business of reselling goods.
A retail use is open to the general public, and its patronage is not
restricted by a membership requirement.
RETAIL STACK STORAGE
A retail use that stocks an inventory of goods in large quantities
for the purpose of selling retail from a building in which the goods
are held and which utilizes warehouse stack storage technique on the
sales floor area. A retail stack storage use is open to the general
public, and its patronage is not restricted by a membership requirement.
[Amended 5-25-2021 by Ord. No. O-21-10]
ROOMING HOUSE
The meaning set forth in N.J.S.A. 55:13B-3.
[Added 4-25-2023 by Ord. No. O-23-4]
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a product of erosion.
SELF-SERVICE STORAGE FACILITY
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business or household
goods and supplies.
SENDING AREA
An area or a parcel of land from which development credits
are transferred to a receiving area and in which subsequent development
is not permitted by deed restriction except or by dedication for agricultural
use, aesthetic and historic use, public open space or other public
use.
SHOPPING CENTER
An integrated commercial development planned, constructed,
and operated as single unit consisting of such uses as retail stores
and shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, theatres and auditoriums,
housed in an enclosed building or buildings and utilizing such common
facilities as customer parking, pedestrian walkways, truck loading
and unloading space, utilities, and sanitary facilities.
SITE DEVELOPMENT AREA
The area of a site within which proposed development is permitted
pursuant to the approved general development plan (GDP) approved by
the Freehold Township Planning Board on June 9, 2003, in conjunction
with P.B. Application 697-02 for Blocks 69.01, Lots 18.01, 18.02,
18.04, 18.05, 18.06, 18.07, 18.08 and 18.11 all of which are within
the Regional Mall RMZ-1, RMZ-2 and RMZ-2A Zones. Within a site development
area, steep slopes and heritage trees may be affected as provided
for in the general development plan as approved for P.B. Application
697-02.
[Added 3-9-2004 by Ord. No. O-04-9]
SITE PLAN
A development plan of one or more lots depicting the proposed
layout of a property and its relationship to the surrounding area
upon which is shown:
(1)
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways;
(2)
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, and signs,
lighting, screening devices; and
(3)
Any other information that may be required in
order to make an informed determination pursuant to this chapter.
SLOPE
A measurement of the rise or descent of the surface of land
determined on a percentage basis where the vertical distance is divided
by the horizontal distance. (Example: A rise of five feet over a horizontal
distance of 100 feet would be five divided by 100 which equals 0.05
or 5%).
SPECIAL-NEEDS HOUSING
A housing development, or such portion of a housing development,
that is permanent supportive housing or a community residence that
is primarily for occupancy by individuals with special needs as a
result of one or more cognitive, physical or developmental disabilities
who shall occupy such housing as their usual and permanent residence,
together with any structures or facilities, appurtenant or ancillary
thereto, as defined in “Special Needs Housing Trust Fund Guidelines”
approved by the New Jersey Housing and Mortgage Finance Agency Board
on August 17, 2006, (See: http://www .nj.gov/dca/hmfalbiz/devel/specneed/guidelines.pdf.),
including but not limited to the following:
[Added 12-8-2009 by Ord. No. O-09-32]
(1)
"Permanent supportive housing" providing for a range of permanent
housing options such as apartments, condominiums, townhouses, single-
and multifamily homes, single-room occupancy housing, shared-living
and supportive-living arrangements that provide access to on-site
or off-site supportive services for individuals and families who can
benefit from housing with services because of one or more cognitive,
physical or developmental disabilities. Permanent supportive housing
has as its primary purpose assisting the individual or family to live
independently in the community and to meet the obligations of tenancy.
Tenants may have individual or shared apartments, and there is no
limitation for length of tenancy. Participation in services is not
a condition of tenancy.
(2)
"Community Residences" including group homes, supervised apartments,
and other types of shared living environments that provide housing
and treatment or specialized services needed to assist individuals
with special needs to live in community settings. For purposes of
this chapter, community residences do not include assisted-living
facilities, nursing homes, transitional housing facilities, or shelters.
(3)
A special-needs housing development may contain "units" and/or
"beds." A "unit" refers to a single living unit that contains at a
minimum a bedroom with a bathroom. A unit may contain one or more
beds. A "bed" is for a single individual receiving housing and services.
Each unrelated adult must have his or her own bedroom.
SPECIFIED ANATOMICAL AREAS
For the purpose of this chapter, specified anatomical areas
are defined as:
(1)
Less than completely or opaquely covered human
genitals, pubic regions, buttocks, or the female breast area.
(2)
Human male genitals in a discernibly rigid or
aroused state, even if completely and/or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
For the purpose of this chapter, specified sexual activities
are defined as:
(1)
Human genitals in a state of sexual stimulation
or arousal.
(2)
Acts of human masturbation, sexual intercourse,
fellatio, cunnilingus or sodomy.
(3)
Fondling or other erotic touching of human genitals,
pubic regions, buttocks or breasts.
STANDARDS OF PERFORMANCE
(1)
Standards 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 required by
the Township; or
(2)
Standards required by applicable federal or
state laws or Township ordinances.
STATIC SIGN
Signs which include no animation or effects simulating animation.
[Added 11-12-2013 by Ord. No. O-13-34]
STORE
An individual business establishment where goods or merchandise
are kept and displayed for sale. Goods or merchandise may include
retail or wholesale goods or merchandise.
[Added 11-29-2005 by Ord. No. O-05-39]
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
be no floor above it, then the space between any floor and the ceiling
next above it; except that a cellar shall not be considered as a story.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are no more than
two feet above the floor surface of such story. The habitable area
shall be from a point perpendicular from the floor joist to the intersection
of the roof rafter a distance of four feet.
STREAM
Any natural course of running water whether improved, unimproved,
enclosed, or realigned which, presently or prior to any improvement,
enclosure, or realignment, had cut, by the erosion of running water,
a channel with well defined banks and a bottom and through which water
flows ordinarily and frequently but not necessarily continuously.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way which is an existing state, county, or municipal roadway,
or is shown upon a plat heretofore approved pursuant to law or approved
by official action of the Township Committee or the Planning Board,
or a street or way on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas, and other areas within the street lines.
STREET LINE
The line determining the limit between the highway of the
public and adjoining private property.
STRUCTURE
Any combination of materials forming a construction, assembly
or erection, the use of which require location upon the ground or
attachment to something having a location upon the ground, including,
among other things, buildings, fences, walls, signs, radio towers,
swimming pools, light stanchions, platforms, and mobile homes.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels, or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created:
(1)
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
(2)
Divisions of property by testamentary or intestate
provisions;
(3)
Divisions of property upon court order including
but not limited to judgments of foreclosure;
(4)
Consolidation of existing lots by deed or other
recorded instrument, provided each lot to be combined does not contain
a principal structure; 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 Zoning Officer to conform
to the requirements of the Township development regulations and/or
shown and designated as separate lots on the Tax Map of the Township.
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
A committee of three members of the Planning Board appointed
annually by the Chairman of the Planning Board subject to approval
by a majority of the members of the Planning Board for the purpose
of classifying subdivisions in accordance with the provisions of this
chapter, and such other duties relating to land subdivision which
may be conferred on the Committee by the Planning Board. The Chairman
of the committee shall be appointed by the Chairman of the Planning
Board for a term of one year.
SWIMMING POOL, PRIVATE
A structure erected upon a property or an accessory to a
residential building on the same lot therewith, and providing recreational
facilities for swimming or wading from the use of the persons residing
on the premises and their nonpaying guests.
SWIMMING POOL, PUBLIC; SWIM CLUB
A public or privately owned structure providing recreational
facilities for swimming or wading for the use of the membership of
any private or quasi-public group, club or organization.
TATTOO SHOP
An establishment, business or use which provides the services
of applying a tattoo more specifically described as an indelible mark
or figure etched on the surface of the body by the insertion of pigment
into the skin.
TOWER
See definition of "wireless telecommunications tower" below.
TOWER HEIGHT, WIRELESS TELECOMMUNICATIONS TOWER
When referring to a wireless telecommunications tower or
other structure, tower height is the distance measured from the finished
grade to the highest point on the tower or other structure, including
the base pad and any antenna. (See also the definition of "building
height.")
TOWNHOUSE
One dwelling unit in a line of four or more attached dwelling
units with each dwelling unit extending from the ground to the roof
and having individual outside access and no interior facilities, conveniences
or services shared with other dwelling units making up the overall
building.
TOWNSHIP AGENCY
The Township Planning Board or the Township Committee when
acting pursuant to this chapter as well as any agency which is created
by or responsible to one or more municipalities when such agency is
acting pursuant to this chapter.
[Amended 12-22-2015 by Ord. No. O-15-26]
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
USABLE AREA
The gross lot area minus lands classified as critical areas.
VARIANCE
Permission to depart from the literal requirements of the
zoning provisions of this chapter.
WAREHOUSE
A building used for the storage of manufactured products,
supplies, equipment, and other goods and materials. A warehouse shall
not mean a self-service storage facility.
WAREHOUSE CLUB
A business that sells goods or items in bulk or large quantity
at costs below market price to individuals and/or businesses paying
an annual membership fee.
[Added 5-25-2021 by Ord. No. O-21-10]
WIRELESS TELECOMMUNICATIONS TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
YARD, FRONT
An open, unoccupied space on the same lot with a principal
building, extending the width of the lot and situated between the
street line and the front building line. The depth of the front yard
shall be measured at right angles to the street line. (See also definition
of “lot, corner.”) In all circumstances, other than a
front porch, the front yard setback shall be the greater of the distance
established by the location of the existing principal building or
the distance set forth in Schedule C at the end of this chapter. Although
it may intrude beyond the front building line, a front porch may not
intrude into the front yard area measured and established pursuant
to Schedule C.
[Amended 10-24-2006 by Ord. No. O-06-36]
YARD, REAR
An open, unoccupied space on the same lot with a principal
building, extending the full width of the lot and situated between
the rear lot line and the rear building line. The depth of the rear
yard shall be measured at right angles to the rear lot line.
YARD, SIDE
An open, unoccupied space on the same lot with a principal
building extending from the front yard to the rear yard and situated
between the side lot lines and the side building line. The side yard
shall be measured at right angles to the side lot line.
ZONING PERMIT
A document signed by the Zoning Officer or Assistant Zoning
Officer which acknowledges that a use, structure, or building complies
with the provisions of the zoning provisions of this chapter or of
any variance therefrom duly authorized by a Township agency.
[Amended 10-13-2009 by Ord. No. O-09-26]