This chapter may be known as the "Holmdel Development Regulations." (1976 Code § 78-1; Ord. No. 3-82)
The purposes of this chapter are to establish a pattern for land use based on the land use element of the Master Plan and to guide appropriate and orderly development which will promote the public health, safety, morals and general welfare. To this end, procedures for submitting and acting upon development applications and setting design standards to guide the preparation of plans are included. This chapter is intended to regulate the use of land within zoning districts; secure safety from fire, flood, panic and other disasters; provide adequate light, air and open space; limit and restrict buildings and structures to specified districts according to their type and the nature and extent of their use for trade, industry, residence, open space or other purposes; regulate the bulk, height, number of stories and size of buildings and other structures; avoid a conflict with neighboring municipalities, the County and the State; establish appropriate population densities and concentrations contributing to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment; provide sufficient space for agricultural, residential, recreational, commercial and industrial uses and open space; encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight; promote a desirable visual environment; promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land; provide procedures for planned developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site; encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land; and to promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy resources. (1976 Code § 78-2; Ord. No. 3-82)
a. Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used.
b. The following words and phrases in this chapter are used as defined in the Municipal Land Use Law, as amended: "applicant," "application for development," "Board of Adjustment," "building," "circulation," "conventional," "County Master Plan," "County Planning Board," "developer," "development," "development regulations," "division," "historic site," "interested party," "land," "lot," "maintenance guaranty," "Master Plan," "Mayor," "municipal agency," "Official County Map," "Official Map," "open space," "party immediately concerned," "Planning Board," "preliminary floor plans and elevations," "structure," "variance," and "zoning permit."
c. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. The definitions below relating to stormwater are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
ACCESSORY USE OR BUILDING shall mean a subordinate use or building, the purpose of which is incidental to that of the principal use or building on the same lot.
ACTIVE RECREATION USE shall mean a ball field, running track, or other similar facility utilized for active outdoor recreation.
ADMINISTRATIVE OFFICER shall mean the Planning Board Secretary for all matters other than the issuance of zoning permits and the necessary inspections and plan reviews required to issue a zoning permit, in which case the administrative officer shall be deemed to be the Zoning Officer.
ADVERSE EFFECT shall mean development designs or existing features on a developer's property or nearby property creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions, such as a 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 of 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 by wind or water from excavation or grading, all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.
AGRICULTURAL USE/PURPOSE shall mean land devoted, but not limited, to forages and sod crops; grain and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including the breeding and raising of such animals; bees and apiary products; trees and forest products; or land devoted to and meeting the requirements for compensation pursuant to a soil conservation program under an agreement with an agency of the Federal government. For the purposes of this chapter, "agricultural use" does not include a dwelling. See the definitions of "farm."
APARTMENT shall mean a dwelling unit in a building having two (2) or more dwelling units.
APPROVING AUTHORITY shall mean the Planning Board, unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.
ASSISTED LIVING RESIDENCE shall mean a facility which is licensed by the Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, for four (4) or more persons unrelated to the proprietor. Apartment units offer, at a minimum, one (1) unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
ATRIUM HOUSE shall mean an attached unit similar to a townhouse except it is arranged to produce a private yard designed for privacy through the use of building walls on at least two (2) sides of the yard with fencing and/or walls on the remaining two (2) sides. More than two (2) units can be attached.
BILLBOARD shall mean an off-site lettered or pictorial advertising sign.
BOARDING HOUSE shall mean a rooming house at which meals are provided for consideration, usually monetary in nature. A boarding house is not a permitted use, accessory use, or conditional use permitted in any zone.
BUILDING COVERAGE shall mean the area of a lot covered by buildings as measured around the foundation.
BUILDING FOOTPRINT shall mean the area encompassed by a principal building's outer wall, excluding building projections.
BUILDING HEIGHT shall mean the vertical distance from grade plane to the average height of the highest roof surface. (Ord. No. 2015-12; Ord. No. 2015-13)
CAFRA CENTERS, CORES OR NODES shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
CAFRA PLANNING MAP shall mean the geographic depiction of the boundaries for coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CALIPER shall mean the diameter, in inches, of the trunk of a tree taken six (6) inches above the ground for trees up to and including four (4) inch caliper size and taken twelve (12) inches above the ground for trees larger than four (4) inch caliper size. The term caliper is used when describing the size of a new tree, e.g. nursery stock.
CATHEDRAL SPACE shall mean an interior space two (2) or more stories in height with no intervening ceiling or floor between the stories.
CHILD CARE CENTERS shall mean any facility which is maintained for the care, development, and supervision of six (6) or more children who attend a facility for less than twelve (12) hours a day and which offers such programs as child care centers, day care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A child care center shall not offer programs operated by a public or private day school of elementary or high school grade, special activity programs for children, youth camps, or religious classes or centers. Child care centers shall have a license from the Department of Human Services pursuant to N.J.S. 30:5b-1 et seq.
CHURCH OR HOUSE OF WORSHIP shall mean a building or group of buildings, including customary accessory buildings designed or intended for public worship. For the purpose of this chapter, the word "church or house of worship" shall include chapels, congregations, cathedrals, synagogues, temples and similar designations as well as parish houses, convents and such accessory uses.
CLUSTER DEVELOPMENT shall mean a planned development technique based on a density of dwelling unit(s) per acre. The permitted number of dwelling units is then clustered into one (1) or more portions of the overall tract on reduced lot sizes so that individual segments of the tract have higher densities, provided that other portions of the tract are left in open space or common property so that the gross density limitation of the entire tract is not exceeded.
COMMON OPEN SPACE shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and 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.
COMMON PROPERTY shall mean land or water, or a combination, together with improvements, 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 property" includes common open space and may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION shall mean submission of an application form provided by the Township and completed by the applicant, together with all accompanying documents required by this chapter for approval of the application for development, including, where applicable, but not limited to, the checklist provided for in Section 30-8.
CONDITIONAL USE shall mean 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 this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTED STORMWATER WETLAND shall mean a constructed wetland system designed to maximize the removal of pollutants from stormwater runoff through settling and both uptake and filtering by vegetation.
CORE shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A County planning agency; or
A County water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
CRITICAL ROOT RADIUS shall mean a distance (in feet) equal to one and one-half (1.5) times the number of inches in the dbh of an existing tree.
DAYS shall mean calendar days.
DENSITY shall mean the permitted number of dwelling units per gross acre of land to be developed. For purposes of this chapter "units/gross acre" shall be calculated with deductions for environmentally sensitive areas as set forth in the definition of "Environmentally sensitive areas." Further, for purposes of this chapter, "design density" shall be the number of units per acre on that portion of the tract devoted to a specific housing type including streets, parking areas, driveways and yards, but excluding other areas to be set aside for common property or other dedicated land under a cluster development plan.
DEPARTMENT shall mean the New Jersey Department of Environmental Protection.
DESIGN ENGINEER shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DETENTION BASIN shall mean a facility, other than a swale, with a non-emergency outlet that is designed for the temporary storage of stormwater and that is intended to be dry between precipitation events.
DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DIAMETER AT BREAST HEIGHT (DBH) shall mean the diameter of the trunk of a tree measured at a point four and one-half (4.5) feet above the ground level on the uphill side of the tree. The term dbh is used when describing the size of an existing tree.
DRAINAGE shall mean the removal of surface water or groundwater from land by drains, grading or other means, and includes 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 AREA shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
DRIPLINE shall mean a line on the ground established by a vertical plane extending from a tree's outermost branch tips to the ground, i.e. the line enclosing the area on the ground directly beneath the crown of the tree from which rainfall would drip.
DRIVE-UP KIOSK shall mean a window or kiosk from which customer services are provided for persons remaining in their vehicles.
DRIVE-UP LANE shall mean a delineated access way utilized for vehicular access to a drive-up kiosk.
DRIVEWAY shall mean a vehicular right-of-way other than a public street or interior road which affords parking and vehicular access to or as part of a property for the convenience of its users.
DUPLEX shall mean a residential structure consisting of two (2) dwelling units arranged side by side.
DWELLING, SINGLE-FAMILY shall mean a detached building containing one (1) dwelling unit. For purposes of this chapter, modular homes shall be considered single-family dwellings.
DWELLING UNIT shall mean a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one (1) family.
EASEMENT shall mean an acquired privilege or right of use or enjoyment which one (1) person or other legal entity may have in the land of another, such as drainage, conservation, utility, sight or similar purpose.
EDGE TREATMENT shall mean a wall, fence or hedge parallel to a street within or outside the street right-of-way.
EFFICIENCY UNIT shall mean a dwelling unit in a garden apartment building consisting of a bath plus one (1) main room without permanent separations to be used for living, dining and bedroom facilities, with a kitchen area separated from the main room by either a permanent wall or a sliding or some other temporary partition.
EMPOWERMENT NEIGHBORHOOD shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED areas shall mean the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as wetlands, floodplains, threatened or endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Non-game Species Program.
ENVIRONMENTALLY CRITICAL AREAS shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Non-game Species Program.
EROSION shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESTATE HOUSE, RURAL shall mean a building that conforms to the requirements of this chapter for a rural estate house.
ESTATE HOUSE, GREEN shall mean a building that conforms to the requirements of this chapter for a green estate house.
ESTATE HOUSE, HAMLET shall mean a building that conforms to the requirements of this chapter for a hamlet estate house.
ESTATE HOUSE, INDIVIDUAL shall mean a building that conforms to the requirements of this chapter for an individual estate house.
EXTENDED DETENTION BASIN shall mean a multi-stage detention basin with an outlet that is designed for the temporary storage of stormwater. Lower stages in the basin can detain water for extended periods of time and may be wet most or all of the time, while higher stages attenuate peak rates of runoff and are dry between precipitation events.
FAMILY shall mean one (1) or more persons living and cooking together as a single housekeeping unit, exclusive of household servants.
FARM shall mean one (1) or more contiguous lots with at least five (5) acres used only for agricultural purposes. The land used for a dwelling unit shall not be counted as agricultural acreage.
FARMLAND EASEMENT shall mean an easement which provides for agricultural or farm purposes to the exclusion of other uses.
FARM MARKET, RETAIL shall mean a permanent building with footings and foundation connected to any public utility services and to which the general public is invited for the purpose of retail sales of all types of vegetables, fruit, flowering farm products and other goods which are compatible with, complementary to and ancillary to agricultural goods. For example, construction materials, commercial landscape services, home improvement materials and farm or household machinery and services would not be permitted for sale at a retail farm market. Examples of ancillary, complementary and compatible goods which would be permitted for retail sale at a farm market would be nursery and landscape products, dairy products, meat products, grain products and other agricultural commodities.
FARM STAND, TEMPORARY shall mean a movable structure which shall not be connected to any public utility service and which is intended to be used on a seasonal basis only for the sale of vegetable, fruit and flowering farm products. A "temporary farm stand" shall be an accessory use to the farm upon which it is located.
FAST-FOOD RESTAURANT shall mean a commercial establishment where food and drink prepared for immediate consumption is purchased at a counter and either eaten on the premises, in the purchaser's automobile or off the premises. Those restaurants where food is consumed only at tables on the premises and served either cafeteria style or by waiters and waitresses shall not be deemed "fast-food restaurants."
FENCE, PICKET shall mean a fence constructed of a single row of closely spaced upright wooden stakes supported by horizontal rails and vertical posts.
FENCE, RAIL shall mean a fence constructed of horizontal rails and widely spaced upright posts.
FINAL APPROVAL shall mean 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 fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FLAG LOT shall mean a lot whose area, exclusive of its access drive, meets the area requirement of the zoning provisions of this chapter. The lot's configuration is one of reduced frontage on an approved street, generally a width sufficient for use as a driveway or future street, with the enlarged buildable portion of the lot located at the rear of the lot at the end of the access drive.
FLOOD shall mean a general and temporary condition of partial or complete inundation of normally dry land from the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD AREA shall mean the floodway and the relatively flat area adjoining the floodway, which area can be expected to be inundated by rising waters at least once in one hundred (100) years.
FLOODPLAIN shall mean the same as the flood hazard area.
FLOODWAY shall mean the channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream without increasing the elevation more than two-tenths (2/10) of one (1) foot.
FLOOR AREA RATIO shall mean the ratio of gross floor area to the lot area.
FOREST shall mean a biological community dominated by trees having an average canopy height greater than twenty (20) feet and other woody plants covering a land area of at least ten thousand (10,000) square feet (0.23 acres) and generally characterized by a tree density of one hundred (100) or more trees per acre with at least fifty (50%) percent of such trees having a dbh of two (2) inches or greater. A forest may have been cut (but not cleared) in conjunction with an approved forestry management plan or may be intact. An orchard or a tree or a tree nursery is not a forest. The term "woodland" is used interchangeably with the term "forest."
FOREST STAND shall mean a contiguous grouping of trees growing on a site that are sufficiently uniform in age-class distribution, composition and structure and are of sufficiently uniform quality to be a distinguishable unit.
FOREST STEWARDSHIP MANAGEMENT PLAN shall mean a plan prepared for qualifying property owners participating in the Federally funded Forest Stewardship Program. The Management Plan and Program are intended to encourage management of private forests for their noncommodity benefits, such as wildlife, recreation, aesthetics and water quality, in addition to or in lieu of their traditional commodities such as timber and wood products. Forest stewardship promotes long-term active management while emphasizing consideration of all resources and benefits associated with forests.
GARDEN APARTMENT shall mean a building containing four (4) or more apartments, where one (1) apartment is above the other and where no apartment will be above the second story.
GRADE, FINISHED shall mean the final elevation of the average ground level adjoining a building at the front exterior wall after development.
GRADE PLANE shall mean a reference plane representing the average of finished ground level adjoining the building at the exterior walls. Where the finished ground level slopes away from exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building. For the purposes of Zoning, buildings built on a slope cannot exceed the limits of the Uniform Construction Code measured vertically from a point six (6) feet out from the front exterior wall. (Ord. No. 2015-12; Ord. No. 2015-13)
GREEN shall mean a publicly accessible passive open space bounded on all sides by public streets and faced by building facades. For maintenance purposes, a green created as part of a cluster subdivision within the R-4H or R-4R Districts shall be deemed a reservation area and shall be subject to the maintenance responsibilities outlined in Section 30-83d.
GREENHOUSES AND SIMILAR STRUCTURES shall mean any type of enclosed structure covered with glass, plastic or other similar material used exclusively for the purpose of growing all types of plants and vegetation with or without a temperature-and humidity-controlled environment.
GREENWAY ACCESS CORRIDOR shall mean a publicly accessible open space connecting a public street to the Township's greenway network.
GROSS FLOOR AREA shall mean the total floor area in a structure measured around the outside of the building at each story. If sharing a common wall, the area shall be measured from the center of interior walls and the outside of exterior walls. In residential uses, the "gross floor area" shall exclude the areas of the garage, unfinished attic, open porch or patio, cellar, unfinished basement, utility areas, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than seven and five-tenths (7.5) feet. In nonresidential structures, the "gross floor area" shall exclude areas used for utility, heating, cooling and other mechanical equipment, but shall include all other areas, including cellars, warehousing and storage areas, regardless of ceiling height.
HABITABLE FLOOR shall mean any floor usable for living purposes, such as working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a "habitable floor."
HEDGING shall mean a pruned, solid evergreen hedge such as boxwood or yew.
HOMEOWNERS' ASSOCIATION shall mean a nonprofit corporation operating under a recorded land agreement through which each lot or dwelling unit owner shall be a member; the owner of each dwelling unit is subject to a charge for a proportionate share of the organization's expenses for activities and maintenance, including any maintenance costs levied against the association by the Township; and each owner and tenant has a right to use the common property.
IMPERVIOUS SURFACE shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. Pavers used as a surface other than a driveway shall be calculated as fifty (50%) percent pervious surface. Decks that extend from a residential home shall not be calculated as impervious surface if the deck is eighteen (18) inches above ground. The water area of swimming pools shall not be counted as an impervious surface. (Ord. No. 2014-21)
INDUSTRIAL OR OFFICE PARK shall mean a tract comprehensively planned for industrial or office uses, whether the buildings are erected in one (1) development stage or over a period of time, but where the streets, utilities and lots and/or tenant's parcels are set forth for the entire tract prior to construction of any portion of the tract. As development takes place, changes may be made in the plans for the undeveloped section(s), provided that the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities. Parks with no subdivided lot shall have buildings spaced so the mortgage and/or lease lines conform to the requirements for lot lines to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations and distances between buildings.
INFILTRATION shall mean the process by which water seeps into the soil from precipitation.
INFILTRATION BASIN shall mean a facility with no outlet, other than an emergency outlet, that is designed for the temporary storage of stormwater to remove pollutants and infiltrate the water back into the ground. An infiltration basin may include an emergency outlet.
INTERIOR ROAD shall mean a vehicular right-of-way other than a public street which affords vehicular access to a property for the convenience of its users.
LOADING SPACE shall mean an off-street berth on the same lot as the building being served for the temporary parking of a vehicle while loading or unloading.
LOT shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA shall mean the area contained within the lot lines, but not including any portion of a street. On flag lots, the minimum "lot area" shall exclude the access drive. The minimum "lot area" of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located, plus the additional area needed to anticipate the widening of the street.
LOT COVERAGE shall mean the area of a lot covered by buildings and paved surfaces.
LOT DEPTH shall mean the shortest horizontal distance measured perpendicular from the midpoint of the front lot line.
LOT FRONTAGE shall mean the horizontal distance between the side lot lines measured along the street line. The minimum "lot frontage" shall be the same as the lot width, except that on curved streets with an outside radius of less than five hundred (500) feet, the "lot frontage" may be reduced to seventy-five (75%) percent of the required minimum lot width.
LOT LINE shall mean any line, including the street line, forming a portion of the exterior boundary of a lot.
LOT WIDTH shall mean the shortest straight line distance between side lot lines measured parallel to the street line at the minimum required building setback from the street right-of-way. On flag lots the "lot width" shall be measured at the building location.
LIRPP, LOWER INCOME REQUIRED PARTICIPATION PROPERTY shall mean any parcel of land which, as of the effective date of this chapter, has preliminary and final subdivision or site plan approval for the development of lower income housing, or is the subject of a Mediation Agreement concerning the provision of lower-income housing. The specific block and lot designations for lots which satisfy this definition are as follows: Block 58.08, Lots 38 and 39; Block 56, Lot 7; Block 52, Lot 19.02; Block 52, Lots 2 and 8; Block 58, Lots 20 and 22.02; Block 58, Lots 53, 53.01 and 53.02; and, Block 46, Lot 64 and Block 50.19, Lots 37 and 37.01.
LOWER INCOME shall mean income limits established for low and moderate income levels. Low income for the average household is less than fifty (50%) percent of the median income. Moderate income is between fifty and eighty (50% and 80%) percent of median. For purposes of this chapter, the median income shall be the applicable number published in the most recent "Income Limits" by the U.S. Department of Housing and Urban Development. The low and moderate income levels shall be based on the number of people in the household as shown in that publication as of the date of issuing each certificate of occupancy.
MAJOR DEVELOPMENT shall mean any development that provides for ultimately disturbing one (1) or more acres of land or increasing impervious surface by one-quarter (1/4) acre or more. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MAJOR SUBDIVISION shall mean any subdivision not classified as a minor subdivision nor, by virtue of Section 30-32, exempt.
MEDICAL OFFICE BUILDING shall mean a building used in common for the practice of medicine by two (2) or more physicians, dentists, psychologists, physical therapists, chiropractors, optometrists or by a hospital for its principal or accessory uses or a combination of any two (2) of the above.
MINOR SITE PLAN shall mean a development plan for one (1) or more lots which proposes new development, site alterations or building alterations requiring less than five (5) parking spaces and/or less than five hundred (500) additional square feet of floor area and/or not more than ten (10%) percent additional lot coverage; does not involve planned development, any new street or extension of any off-tract improvements which is to be prorated pursuant to Section 30-79; does not involve any floodway or flood fringe area under Section 30-67; and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a "minor site plan" have been met. Approval of a "minor site plan" shall be deemed final approval and as such shall be prepared in accordance with final plat requirements.
MINOR SUBDIVISION shall mean a subdivision of land that does not adversely affect the development of the remainder of the tract or any adjoining property and does not involve the creation of more than three (3) lots fronting on an existing improved street, including the remainder of the original lot; planned development; any new street; extension of any off-tract improvements, the cost of which is prorated pursuant to Section 30-79; more than five hundred (500) square feet of steep slopes (as defined in subsection 30-116.6) greater than fifteen (15%) percent; stream corridors or stream corridor buffers as defined in subsection 30-116.7); or surface water bodies (as defined in subsection 30-116.8c).
MOBILE HOME/MANUFACTURED HOME shall mean a dwelling unit manufactured in one (1) or more sections; designed for long-term occupancy; containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported on its own wheels after fabrication, arriving at the site where it is to be occupied as a complete dwelling, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers and campers are not considered "mobile homes."
MOBILE HOME PARK shall mean any lot upon which two (2) or more mobile homes are located and used for dwelling purposes except as permitted under the particular regulations governing mobile homes on farms for farm employees.
MODULAR HOME shall mean a dwelling unit manufactured in one (1) or more sections; designed for long-term occupancy; containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; designed to be transported after fabrication on flatbed or other trailers, arriving at the site where it is to be occupied as a complete dwelling; and a unit that is in conformity with the Uniform Construction Code. For purposes of this chapter, a modular home shall include a "manufactured" home meeting the above requirements.
MOTEL shall mean a building or complex of at least fifty (50) units, all operated as a single business, each unit consisting of at least one (1) bedroom, one (1) bathroom and one (1) closet area, all designed and used exclusively to accommodate transient guests and which have no individual cooking facilities. Accessory uses incidental to the operation, such as restaurants, kitchens, cafeterias, bars, gift shops, newspaper stands, cigar stores, barbershops, beauty parlors, swimming pools, sauna baths, gymnasiums, health clubs and laundries, shall be permitted.
MULTI-FAMILY shall mean a building designed for or occupied by more than one (1) family.
MUNICIPALITY shall mean any city, borough, town, township, or village.
NECESSARY FOOTPRINT AREA shall mean an area of new home construction that includes the portions of a private residential lot necessary for the principal building footprint, detached garage, driveways leading to the principal building and/or detached garage, and septic system plus an additional twenty (20) feet beyond the perimeter of the principal building footprint and any detached garage, and plus an additional five (5) feet beyond the perimeter of the driveways and septic system.
NODE shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NONCONFORMING LOT shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE shall mean a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NUTRIENT shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development or organisms.
OFF-SITE AND OFF-TRACT IMPROVEMENTS shall mean improvements to accommodate conditions generated by a proposed development, including but not limited to new improvements and extensions and modifications of existing improvements.
1. Off-site shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
2. Off-tract shall mean 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 shall mean located on the lot in question.
ON-TRACT shall mean 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 shall mean any and all lands which meet the requirements specified for open space in Section 30-58k of this chapter.
OPEN SPACE, ACTIVE shall mean an open space which is used or is intended to be used primarily for active recreation uses.
PARK shall mean an area intended for use for passive or active outdoor recreation containing only those structures accessory to such recreation. For maintenance purposes, a park created as part of a cluster subdivision within the R-4H or R-4R Districts shall be deemed a reservation area and shall be subject to the maintenance responsibilities outlined in Section 30-83d.
PARKING AREA shall mean an off-public street and an off-interior road space for the parking of a motor vehicle.
PATIO HOME shall mean a single-family detached unit on a small lot with walls along the side yards for privacy, usually with the home placed along one (1) side lot line. The front and rear yard can also be walled.
PERFORMANCE GUARANTY shall mean any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than ten (10%) percent of the total performance guaranty in cash.
PERMITTED USE shall mean any use of land or buildings permitted by this chapter.
PERSON shall mean any individual, corporation, company, partnership, firm, association, Township of Holmdel, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PLANNED DEVELOPMENT shall mean and include planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED RETIREMENT COMMUNITY DEVELOPMENT shall mean a planned retirement community development in this chapter; a residential development for the habitation of people at age fifty-five (55) or older (children under nineteen (19) may not be in permanent residence, defined as thirty (30) consecutive days or sixty (60) days in any year as to children seventeen (17) years of age or younger; but ninety (90) consecutive days for those eighteen (18) years of age), and may include assisted living residences licensed and regulated by the New Jersey Department of Health, or the New Jersey Department of Community Affairs, as well as residential communities unlicensed or unregulated but which retain a private age restriction mechanism. In all regards, PRC development shall comply with the Federal Fair Housing Act as it applies to senior citizen housing.
PLANNED UNIT DEVELOPMENT shall mean an area with a specified minimum contiguous acreage of one hundred (100) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public or commercial areas in such ranges of ratios of nonresidential uses to residential uses as specified in the zoning regulations.
PLANNED UNIT RESIDENTIAL DEVELOPMENT shall mean an area with a minimum contiguous acreage as specified in the zoning provisions of this chapter and an area to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include, as specified in the zoning provisions, appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.
PLAT shall mean a map or maps of a subdivision or site plan.
PLAT, FINAL shall mean the plat of all or a section of a subdivision or site plan submitted for final approval in accordance with this chapter and the statute, and which, if approved as a subdivision, shall be filed with the county recording officer within the required time, otherwise the approval shall be void. Minor or exempt subdivision or site plan approval shall be deemed final approval and shall be prepared and submitted to comply with final plat requirements.
PLAT, INFORMAL shall mean the plat submitted for purposes of classification and discussion.
PLAT, PRELIMINARY shall mean the plat submitted as a part of the application for preliminary approval.
POLLUTANT shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and non-hazardous pollutants.
PRELIMINARY APPROVAL shall mean the conferral of certain rights, pursuant to Section 30-37 and subsection 30-43.3, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRESERVATION AREA shall mean open space that is intended primarily to maintain, restore and enhance the functioning of natural systems.
PRINCIPAL USE shall mean the main purpose for which any lot and/or building is used.
PRIVATE SCHOOL shall mean an institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
PROTECTED ROOF ZONE (PRZ) shall mean the snow-fenced area enclosing the critical root radius of any tree, or the critical root radii of any stand of trees, that is required to be protected from disturbance during construction.
PUBLIC AREAS :
1. Public parks, playgrounds, trails, paths and other recreational areas.
2. Other public open spaces.
3. Scenic and historic sites.
4. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL shall mean a Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereof.
PUBLIC DRAINAGEWAY shall mean 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 channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency or other public body for recreational or conservation uses.
PUBLIC PURPOSE shall mean the use of land and/or buildings by a municipal, County, State or Federal agency or authority.
PUBLIC SEWERAGE SYSTEM shall mean any centralized system that is operated by a municipality, governmental agency, or a public utility for the collection, and off-site treatment and disposal of wastewater, and shall not be deemed to include any on-site system or package treatment plants no matter what type of entity shall operate such a system.
PUBLIC VIEW shall mean visible from a public thoroughfare, public lands or buildings or navigable waterways.
QUADRUPLEX shall mean a one and one-half (1 1/2) story residential structure consisting of four (4) attached dwelling units.
QUORUM shall mean the majority of the full authorized membership of a municipal agency.
RAINWATER GARDEN shall mean an infiltration basin that is extensively landscaped with shrubs and woody plants.
RECHARGE shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
RESERVATION AREA shall mean essentially undeveloped land that is intended for a range of activities such as recreation, farmland and farm buildings, stormwater management and the maintenance, restoration and enhancement of natural systems.
RESIDENTIAL CLUSTER shall mean an area to be developed as a single entity according to a plan containing residential housing units which has a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY shall mean the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESIDENTIAL DWELLING SITE AREA shall mean a delineated area meeting the requirements of Section 30-58B, within a farm property to which a farmland easement has been applied. A single-family residence and structures accessory thereto shall be permitted within a delineated residual dwelling site area in accordance with the provisions of this chapter.
RESTAURANT shall mean a commercial establishment where food and drink are prepared, served and consumed. As used in this chapter, a "restaurant" shall not include a fast-food restaurant as defined herein.
RESUBDIVISION shall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RETIREMENT COMMUNITY CENTER shall mean a facility required in a planned retirement community to be owned and operated by the homeowners' association of the retirement community.
REVERSE GABLE shall mean a smaller section of pitched roof that intersects perpendicularly to a larger section of roof.
RIGHT-OF-WAY shall mean the total width and length of the course of a street, watercourse, utility alignment or other way and within, under or over which all improvements and rights of access are confined.
ROOMING HOUSE shall mean a dwelling unit in which a portion of it is provided to one other than the owner or lessee, generally for sleeping accommodation purposes, in return for the payment of rent or other consideration, usually monetary in nature. A rooming house is not a permitted use, accessory use, or conditional use permitted in any zone.
SEDIMENT shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SEDIMENTATION shall mean 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.
SETBACK LINE shall mean a line parallel to a street line or lot line beyond which a building shall not project. The minimum yard requirements shall be the minimum required setbacks. On flag lots, the minimum yard requirements shall exclude the access drive. All setbacks from public streets shall be measured from the proposed right-of-way as shown on the adopted Master Plan.
SHOPPING CENTER shall mean a tract comprehensively planned for two (2) or more retail businesses, whether the building(s) are erected in one (1) development stage or over a period of time, but where the off-street parking is shared and the access, parking, buildings, utilities and lots and/or tenants' parcels are set forth for the entire tract prior to construction of any portion of the tract. Where there is more than one (1) building, each building shall be spaced as if it were to be on a separate lot in order to establish conformance with this chapter for such matters as building setbacks, buffers, driveway locations and distance between buildings.
SIGHT TRIANGLE shall mean a triangular area at the quadrants of street intersections where unobstructed visibility is maintained along the intersecting street.
SIGN shall mean any announcement, display or illustration placed to be seen from any street or public way.
SIGNIFICANT TREE shall mean any tree with a dbh greater than eighteen (18) inches and including any American Holly with a dbh greater than ten (10) inches.
SITE shall mean the lot or lots upon which a development is to occur or has occurred.
SITE PLAN shall mean a development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to Article IV of this chapter.
SITE PLAN, EXEMPT shall mean accessory buildings to agricultural and horticultural uses, including temporary farm stands, are exempt as are single-family and two-family dwellings and their accessory uses, including swimming pools and tennis courts, unless such dwellings involve a home occupation. Building or site alterations which do not involve a change in use or additional parking or additional building and/or paving area shall be exempt. Changes in use, other than for conditional uses, which do not require additional parking shall be exempt. These exemptions shall not apply whenever three (3) or more dwelling units are proposed to be constructed under common ownership or control on contiguous lots or on lots within the same subdivision under building permits issued during the same period of twelve (12) months beginning with the date of the first permit issued.
SITE PLAN, MAJOR shall mean all site plans for new developments, and those site plans not defined as minor or exempt.
SITE PLAN REVIEW shall mean the examination of the specific development plans for a lot. The term "site plan approval" means a requirement that the minor or major site plan be approved by the approving authority prior to the issuance of a building permit or a certificate of occupancy.
SOIL shall mean all unconsolidated mineral and organic material of any origin.
SPECIMEN TREE shall mean a tree in good health of unusual or exceptional form, size, age or shape for its species and/or occupying a significant position within the landscape. A specimen tree would necessarily include, but not by way of limitation, any tree included on the "Big Tree List" of the New Jersey Bureau of Forestry, Community Forestry Program; any endangered species of tree; any tree with a dbh greater than seventy-five (75%) percent of the dbh of the State or County record tree for the same species; or any tree that has been identified on a list maintained by the Shade Tree Committee as being notable because of its age, size, placement on the property, rarity, uniqueness or historical significance.
STANDARDS OF PERFORMANCE shall mean standards adopted by ordinance pursuant to 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 municipality, or standards required by applicable Federal or State laws or municipal ordinances.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STONE WALL shall mean a wall constructed of stones with or without mortar.
STORMWATER shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
STORMWATER RUNOFF shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORY shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the surface between the floor and the ceiling next above it.
STREET shall mean any street, avenue, boulevard, road, parking, viaduct, drive or other way which is an existing State, County or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by the Municipal Land Use Law or which is shown on a plat duly filed and recorded in the office of the County recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE shall mean the edge of the existing or future street right-of-way, whichever is wider, as shown on an adopted Master Plan or Official Map or as required by this chapter, forming the dividing line between the street and the lot.
SUBDIVISION shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered within the meaning of this Act, if no new streets are created: division 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 (5) acres or larger in size: divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one (1) 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 the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or Atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, EXEMPT . (See Section 30-32.)
SUBSTANTIAL IMPROVEMENT shall mean any repair reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.
SWALE shall mean a linear low-lying or depressed area which functions as an intermittent drainage way and dries out between precipitation events.
TIDAL FLOOD HAZARD AREA shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
TOWNHOUSE shall mean one (1) dwelling unit in a line of three (3) or more attached dwelling units with each dwelling unit extending from the ground to the roof and having individual outside access and no interior rooms or hallways shared with another dwelling unit.
TRACT shall mean one (1) or more lots. Existing streets shall not be included in calculating the area of the "tract." When used in connection with a planned retirement community, the term shall refer to all portions of a single development scheme under one (1) ownership or control for purposes of a development application.
TRAIL shall mean a right-of-way containing an established path for use by pedestrians and such nonmotorized vehicles and/or animals as may be allowed by ordinance or law.
TRANSCRIPT shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
TREAD shall mean the portion of a trail right-of-way intended for pedestrians and, where allowed, nonmotorized vehicles and/or animals.
TREAD, NATURAL shall mean a tread which consists of natural materials, such as wood chips or the earth or rock in place prior to the trail's construction.
TREE shall mean any self-supporting woody perennial plant, usually having a main stem or trunk and branches, that at maturity normally attains a trunk diameter (dbh) greater than six (6) inches and a height of over twenty (20) feet. This includes deciduous, evergreen, and multi-stem trees.
TRUCK APRON shall mean a raised area of concrete or stone paving material provided within a portion of the sight triangle at an intersection with a narrow curb return radius to allow for safe turning movements by vehicles with wide turning radii.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONE shall mean a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA shall mean previously developed portions of areas: (1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes; (2) Designated as CAFRA Centers, Cores of Nodes; (3) Designated as Urban Enterprise Zones; and (4) Designated as Urban Coordinating Council Empowerment Neighborhoods.
UTILITY shall mean services, such as, but not limited to, sewage treatment, water supply, gas, electric, telephone and cable television.
WATERS OF THE STATE shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
WET POND shall mean a constructed stormwater facility with an outlet structure that creates a permanent pool. A wet pond promotes pollutant removal through sedimentation and biological processes and also attenuates peak rates of runoff.
WIRELESS TELECOMMUNICATIONS shall mean commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, but not including direct-to-home satellite services.
WIRELESS TELECOMMUNICATIONS ANTENNAS, EQUIPMENT AND/OR TOWERS shall mean buildings and/or structures for the delivery of wireless telecommunications.
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND shall mean a fenced-in area which houses wireless telecommunications buildings, antennas, equipment and/or towers.
WIRELESS TELECOMMUNICATIONS TOWER shall mean a vertical structure designed to support wireless telecommunications antennas, which may be of monopole or self-supporting or guyed lattice construction.
YARD shall mean an open space extending between the closest point of any building and a lot line or street line. In an apartment, townhouse, industrial or office park, shopping center or other development where more than one (1) building may be erected on a lot, "yards" shall also be the open space extending between structures and between structures and interior streets. All "yard" dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades. The minimum distance between buildings in developments where there is more than one (1) building on a lot shall be the sum of the two (2) yards of the structures, and in no event shall two (2) structures be closer to one another than the sum of both side yards. Where an interior street passes between buildings, the required "yards" shall be in addition to the street width.
YARD, FRONT shall mean the area extending across the full width of a lot between the street line and the building and, for apartments, townhouses, industrial or office park, shopping center or other development where more than one (1) building may be erected on a lot, the front yard shall be measured from the designated front of the building to an imaginary line a designated distance away from the front of the building.
YARD, REAR shall mean the open space extending across the full width of the lot between the rear lot line and the building, and for apartments, townhouses, industrial or office park, shopping center or other developments where more than one (1) building may be erected on a lot, the "rear yards" shall be measured from the designated rear of the building to an imaginary line a designated distance away from the rear of the building.
YARD, SIDE shall mean an open space extending from the front yard to the rear yard and lying between each side lot line and the building. The "side yard" for apartments, townhouses, industrial or office park complex, shopping center or other developments where more than one (1) building may be erected on a lot shall be measured from the designated side of the building to an imaginary line a designated distance away from the side of the building.
ZONING OFFICER shall mean the individual appointed by the Township Committee to issue zoning permits.
ZONING PERMIT shall mean a document by the Zoning Officer (1) which is required hereunder as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion and installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the Township development regulations ordinances or a variance therefrom duly authorized by the Planning Board or Zoning Board of Adjustment. (1976 Code § 78-3; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 21-82; Ord. No. 24-82; Ord. No. 84-7; Ord. No. 85-12; Ord. No. 86-28; Ord. No. 90-30; Ord. No. 94-5; Ord. No. 94-18; Ord. No. 94-25; Ord. No. 95-7; Ord. No. 95-22 § I; Ord. No. 95-24 § I; Ord. No. 97-1 § I; Ord. No. 97-13 § I; Ord. No. 97-35 § I; Ord. No. 98-11 § 2; Ord. No. 2000-11 § I; Ord. No. 2000-22 § II; Ord. No. 2000-30 § I; Ord. No. 2002-20 § I; Ord. No. 2004-09 § I; Ord. No. 2005-12 § I; Ord. No. 2005-32 § I; Ord. No. 2005-39 § I; Ord. No. 2006-06 § 2; Ord. No. 2006-19 § I; Ord. No. 2009-05 § I; Ord. No. 2010-29 § I; Ord. No. 2013-33; Ord. No. 2015-12)
