ACCESSORY BUILDING, STRUCTURE OR USE shall mean a building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, barns, kennels, sheds, non-portable swimming pools, guest houses and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building.

       ADMINISTRATIVE OFFICER shall mean the Township Clerk of the Township of Bedminster, Somerset County, New Jersey, unless a different municipal official is designated by this chapter to administer certain of the responsibilities and authorities specified for the administrative officer in N.J.S.A. 40:55D-1 et seq.

       ADVERSE EFFECT shall mean conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on surrounding properties such as inadequate drainage facilities, unsuitable street grades, street locations that fail to compose a convenient system, and failure to provide or make future allowance for access to the interior portion of adjoining lots or for other facilities required by this chapter.

       AIRPORT shall mean any area of land or water, or both. designed and set aside for the landing and taking-off of fixed wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner of the Department of Transportation as a public use airport or landing strip, and which was an airport existing as of the adoption of the December 30, 1946 Bedminster Township Zoning Ordinance.

       ALTERATIONS, OR ADDITIONS, STRUCTURAL shall mean any change in or additions to the supporting members of a building such as walls, columns, beams, girders, posts or tiers.

       APPLICANT shall mean a developer submitting an application for development.

       APPLICATION FOR DEVELOPMENT shall mean the application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:55 D-34 or N.J.S.A. 40:55D-36.

       **Webmasters Note: Definitions from accessory building, structure or use through application for development have been amended as per supplement no. 40.

BASEMENT shall mean that portion of a building which is partly or completely below grade (See "Story-above-grade"). Basements in existing buildings that do not meet the habitable space requirements of the Uniform Construction Code shall not be considered part of the gross floor area of the building, except that any portion used for the building infrastructure (i.e. HVAC equipment, elevator units, etc.) shall be considered part of the gross floor area.

BEDROOM shall mean a room planned or used primarily for sleeping accessible to a bathroom without crossing another bedroom or living room.

BILLBOARD shall mean any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than on a building or the grounds to which the advertising applies.

BUILDING shall mean any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers, walls or air and intended for the shelter, business, housing or enclosing of persons, animals or property.

BUILDING HEIGHT shall mean the vertical distance measured to the highest point of the building except as provided in subsection 13-602.1 from a mean elevation of the finished grade at the foundation along the side(s) of the building facing a street or to the street line if the street line is within ten (10') feet in distance from the foundation. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories above grade within said footage.

CABLE TELEVISION COMPANY shall mean a cable television company as defined pursuant to N.J.S.A. 48:5A-3.

CARTWAY shall mean the hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.

CHURCH shall, unless the context clearly indicates otherwise, have the same meaning as the term "Houses of Worship" defined below.

CLUB, OPEN AIR shall mean a private organization principally for the enjoyment of quiet sports and open spaces such as tennis, swimming, equestrian activities, hiking and fishing. Accessory facilities may be included if clearly subordinate to the open air use such as covered tennis courts fewer in number than open courts, year-round pools, lockers and incidental eating and social facilities. As an exception to subsection 13-601.4, employee, member or guest accommodations shall be permitted as an accessory use in existing buildings and structures or in new dwelling units, provided that the number of dwelling units permitted shall not exceed a number equal to one (1) per forty (40) acres, less the number of dwelling units in existing buildings or structures to be used for employee, member or guest accommodations. Any new employee, member or guest accommodations shall comply with the requirements of subsection 13-601.4a2, 4 and 5. All open air clubs shall be subject to the regulations set forth in Section 13-525 of this chapter. Moreover, any open air club with a gross floor area exceeding three thousand nine hundred (3,900) square feet shall be a conditionally permitted use subject to compliance with those conditions set forth in subsection 13-601.10 of this chapter.

CLUB, SOCIAL shall mean a private organization for social purposes in which the principal use is in enclosed buildings and no outdoor sports are involved.

COMMERCIAL AREA shall mean any site which has a structure or structures containing one (1) or more nonresidential uses and containing an aggregate of more than five thousand (5,000) square feet of nonresidential floor area.

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.

COMPLETE APPLICATION shall mean an application form completed as specified by this chapter and the rules and regulations of Bedminster Township and all accompanying documents required by this chapter for approval of the particular application for development as specified in Article 13-800 of this chapter; provided that the municipal agency may require such additional information not specified in this chapter or revisions to 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 such additional information or any revisions to the accompanying documents so required by the municipal agency.

CONDITIONAL USE shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.

       **Webmaster's Note: The previous definitions for basement through conditional use are current as per Supplement No. 36.

CONSERVATION EASEMENT : shall mean an interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural scenic or wooded condition, or for conservation of soil or wildlife or for outdoor recreation or park use, or as suitable habitat for fish or wildlife, and to forbid or limit any or all inappropriate uses. If any area within a conservation easement is a wetland or transition area as defined in the New Jersey Freshwater Wetlands Protection Act, its use shall be governed by the provisions of such Act. It is not the intent of the conservation easement to permit activities which are prohibited by the Act nor to prohibit activities which are permitted by the Act.

CONSTRUCTION OFFICIAL : shall mean an individual designated by the Bedminster Township Committee and duly licensed by the New Jersey State Department of Community Affairs to serve as the construction official.

COVERAGE, BUILDING : shall mean the square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.

COVERAGE, LOT : shall mean the square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All surfaced parking areas and all required parking areas which are permitted to remain unsurfaced shall be included in the computation of lot coverage. Lot coverage shall also include the area covered by all decks, patios, and unpaved stone or other semi-pervious surfaces.

CRITICAL AREA : shall mean

       (1) any land having a topographic slope of fifteen (15%) percent or greater as determined according to Section 13-605.9b; and/or

       (2) any wetlands; and/or

       (3) any land within a stream corridor; all in accordance with the regulations contained in Section 13605 of this chapter.

DECK : shall mean any extended horizontal accessory structure serving as a floor and covering, partially or fully, any portion of the lot area of a particular lot or tract.

DEVELOPER : shall mean 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 : 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 other structure, or 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.

DIGITAL PLAN : shall mean a digital file showing existing and proposed lot lines, rights of way and easements, and proposed improvements (whether public or private) for an application for development. This digital file shall be in a format approved by the Township Engineer and shall be referenced to the New Jersey State Plane Coordinate System.

DRAINAGE AND UTILITY RIGHT-OF-WAY : shall mean the lands required for the installation and maintenance of storm water and sanitary sewers, water pipes or drainage ditches and other utilities, 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.

DWELLING UNIT : shall mean a room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one (1) housekeeping unit. The dwelling unit shall be self-contained and shall not require passing through another dwelling unit or other indirect route(s) to get to any other portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

       a. Detached single-family shall mean a building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit and which has its own sleeping, sanitary and general living facilities.

       b. Apartment shall mean a building containing a minimum of three (3) dwelling units and not exceeding three and one-half (3 1/2) stories and thirty-five (35') feet in height.

       c. Semi-detached single family shall mean two (2) buildings on two (2) adjacent lots joined by a party wall, each containing one (1) dwelling unit with its own sleeping, cooking and sanitary facilities, and which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit.

       d. Two-family shall mean a building on one (1) lot containing two (2) dwelling units only, each having entrances on the first floor, intended for the residential occupancy by two (2) housekeeping units, each living independently of each other and each unit with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement.

       e. Townhouse shall mean a single-family attached dwelling in a building containing no more than four (4) such dwelling units, with each unit attached to other similar units by party walls extending from the foundation to the roof and providing two (2) direct means of access from the outside on two (2) different outside walls. Each dwelling unit shall be compatibly designed in relation to all other units, but distinct by such design features as width, setback, roof design, color, exterior materials, and other features, singularly or in combination. For purposes of this chapter, a townhouse may include a building in fee simple, condominium or cooperative ownership, or any combination thereof. Nothing in the definition shall be construed to allow one dwelling unit over another.

EASEMENT shall mean a use or burden imposed on real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation, or particular persons for specific uses.

EAVE LINE shall mean the lowest edge of a roof, measured at the lowest point where the roof intersects the vertical plane of the building wall.

FACILITY TO SUPPORT AGRICULTURE shall mean an establishment selling goods such as grain and feed and other customary items to support various types of agriculture and equestrian activities. Examples of goods that may be sold by a facility to support agriculture are grain and feed, hardware, farm implements, seed and customary items typically used in farming and equestrian activity. Examples of goods that are prohibited from sale by a facility to support agriculture are live animals, fuel (of any type), tractors, lawnmowers, and any tool with a gas or diesel engine or motor.

FARM shall mean a tract with at least five (5) acres devoted to the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms, fruit farms, nurseries and greenhouses, equestrian ownership, boarding, and training facilities, silva-culture operations, dairies and livestock produce provided that no commercial slaughtering shall be permitted.

FLOOD PLAIN shall mean the relatively flat area adjoining a water channel which has been or may be covered by flood water of the channel, including the following components (see Diagram 1 following Zoning Map).

       a. Flood fringe area shall mean that portion of the flood hazard area outside of the floodway.

       b. Flood hazard area shall mean land in the flood plain subject to a one (1%) percent or greater chance of flood in any given year.

       c. Floodway shall mean the river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than two-tenths (0.2) of afoot.

       **Webmasters Note: The previous definitions, Dwelling Unit through Flood Plain, have been amended as per Supplement No. 61.

FLOOR AREA, GROSS (G.F.A.) shall mean the sum of the gross horizontal areas of the several stories or basements of a building as measured from the exterior face of exterior walls or the centerline of shared walls. The area under any roof overhang of four (4') feet or less and/or any under roof parking area shall not be included in the G.F.A. calculation.

FLOOR AREA, NET HABITABLE (N.H.F.A.) shall mean the finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least six and one-half (6 1/2') feet including working, living, eating, cooking, sleeping, stair, hall, service and storage areas but excluding garages, carports, parking spaces, cellars, half-stories and unfinished attics and basements.

FLOOR AREA RATIO (FA.R.) shall mean the sum of the gross area of all floors, of buildings or structures compared to the total area of the site.

GOLF COURSE/CLUB shall mean a tract of land improved with at least eighteen (18) holes for playing the game of golf, and improved with tees, greens, fairways and hazards, and a clubhouse (which may include dining rooms, common rooms, a pro shop, social rooms, kitchen, locker rooms and similar facilities) and customary, but clearly subordinate accessory buildings and structures for the maintenance and operation of the facility. A golf course/club may include suites and/or rooms of overnight lodging for the exclusive use of members and their guests, subject to the conditions of subsection 13-601.9. As an exception to subsection 13601.4, accommodation for employees shall be permitted as an accessory use in existing buildings and structures or in new employee dwelling units, provided that the total number of new employee dwelling units permitted shall not exceed a number equal to five (5) per eighteen (18) golf holes, less the number of dwelling units in existing buildings or structures to be used for employee accommodations. Any new employee dwelling units shall comply with the requirements of subsection 13-601.4a, 2, 4 and 5.

GRADE shall mean the slope of a road, path, driveway, swale or other surface or the average finished ground elevation adjoining a building at project completion.

HOME OFFICE OCCUPATION shall mean the professional occupation of a certified public accountant, public accountant, registered municipal accountant, public school accountant, architect, attorney, medical practitioner (defined as: physician, dentist, podiatrist, chiropractor, registered nurse, licensed practical nurse, optometrist, physician's assistant), landscape architect, professional engineer, land surveyor, certified shorthand reporter, professional planner, psychologist, marriage counselor, physical therapist, audiologist or special language pathologist, only, licensed by components of the State of New Jersey, Department of Law and Public Safety, Division of Consumer Affairs or Supreme Court of the State of New Jersey, and the same being conducted in a dwelling unit, said use being subordinate to the dwelling unit's residential use, provided that:

       a. No person other than members of the household residing on the premises plus one (1) secretary or other assistant shall be engaged in such occupation.

       b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the use of the property for residential purposes by its residents, and not more than twenty (20%) percent of the floor area of the dwelling unit shall be used in the conduct of the home office occupation.

       c. There shall be no exterior evidence of the home office occupation other than one (1) unlighted nameplate attached to the building, not exceeding one (1) square foot in area and one (1) free-standing sign identifying the home occupation, not exceeding four (4) square feet in area and set back at least five (5') feet from all right-of-way lines and set back at least fifteen (15') feet from all other property lines. Free-standing signs shall not exceed four (4') feet in height.

       d. The home office occupation shall not necessitate the need to park two (2) vehicles at any time in addition to those ordinarily used by the residents of the home. Said vehicles shall be limited to automobiles and must be parked off-street.

       e. The applicant shall have applied for and received "minor" site plan approval from the Planning Board in accordance with the applicable requirements of this chapter.

       **Webmasters Note: The previous definitions, Floor Area, Net Habitable through Home Office Occupation, have been amended as per Supplement No. 58.

HOTELS AND MOTELS shall mean a building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency, except that up to three (3%) percent of the total units may be provided for the sole use of resident employees.

HOUSEKEEPING UNIT shall mean one (1) or more persons living together in one (1) dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.

HOUSES OF WORSHIP shall mean a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. All houses of worship shall be subject to the regulations set forth in Section 13-525 of this chapter. Moreover, any house of worship with a gross floor area exceeding three thousand nine hundred (3,900) square feet shall be a conditionally permitted use subject to compliance with those conditions set forth in subsection 13-60 1. 10 of this chapter.

JUNK YARD shall mean any space, whether inside or outside a building, used for the collection, storage, or abandonment of any waste or discarded material, or the dismantling, demolition salvaging, resale or abandonment of structures, automobiles or other vehicles, equipment, appliances and machinery or parts thereof. Notwithstanding the foregoing, up to two (2) dismantled or inoperable motor vehicles may be stored on a lot for up to sixty (60) days to allow for the repair, refurbishing or dismantling of said vehicles provided said vehicles are screened from the view of adjoining lots.

       **Webmaster's Note: The previous definitions HOME OFFICE OCCUPATION through JUNK YARD have been amended as per Supplement No. 36.

LOADING SPACE shall mean an off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

LOCAL UTILITY shall mean any sewerage authority created pursuant to the "Sewer Authorities Law" (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the "Municipal and County Utilities Authority Law" (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district, or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to the Township of Bedminster or its residents.

LOT shall mean any parcel of land separated from other parcels or portions as by a subdivision plat or deed record, survey map or by metes and bounds, except that for purposes of this section, contiguous undersized lots under one (1) ownership shall be considered one (1) lot and farther that no portion of an existing public street shall be included in calculating a lot boundary or lot area.

LOT AREA shall mean the area contained within the lot lines of a lot, not including any portion of a street right-of-way.

LOT CORNER shall mean a lot on the junction of land abutting two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five (135() degrees. Each corner lot shall have two (2) front yards, one (1) side and one (1) rear yard, the side and rear yards to be designated at the time of application for a construction permit, along with an access road to be designated at the time of application for subdivision approval.

LOT DEPTH shall mean the shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

LOT DEPTH

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

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 alignments with an outside radius of less than five hundred (500') feet measured from the centerline of the street, the minimum distance between the side lot lines measured at the street line shall not be less than seventy-five (75%) percent of the required minimum lot width unless a lesser frontage is specified in this chapter In the case of a corner lot, either street frontage which meets the required frontage for that zone may be considered the lot frontage.

LOT, INTERIOR shall mean a lot other than a corner lot.

LOT WIDTH shall mean the straight and horizontal distance between the side lot lines at setback points on each side lot line measured an equal distance from the street line. The minimum lot width shall be measured at the minimum required building setback line. When side lot lines are not parallel, the minimum lot width at the setback line shall not be less than seventy-five (75%) percent of the minimum lot frontage for the zoning district in which the lot is located unless a lesser width is specified in this chapter.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

MAINTENANCE GUARANTEE shall mean any security which may be deemed acceptable to the township committee to assure the maintenance of duly approved improvements installed by the developer after the final inspection of the improvements and in accordance with this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in subsection 13902.2c. of this chapter and cash.

MASTER PLAN shall mean a composite of the mapped and written proposals recommending the physical development of the municipality which shall have been adopted by the Planning Board.

MEAN ELEVATION shall mean the average of the ground level measurements computed at the four (4) extreme corner points of any proposed or existing building.

MODIFIED HOME OFFICE OCCUPATION shall mean an occupation in compliance with the following criteria:

       a. No persons other than members of the household residing on the premises shall be engaged in such occupation.

       b. The use of the dwelling unit for the modified home office occupation shall be clearly incidental and subordinate to the use of the property for residential purposes by its residents, and not more than twenty (20%) percent of the floor area of the dwelling unit shall be used in the conduct of the modified home office occupation.

       c. There shall be no external evidence of the modified home office occupation.

       d. There shall be no auditory or exterior visual awareness of the modified home office occupation to individuals in the neighborhood in which the same is located.

       e. The modified home office occupation shall not necessitate the need for any additional parking at any time in addition to those vehicles ordinarily used by the residents of the home.

       f . No site plan approval is required for a modified home office occupation use.

       g . No signs or symbols of any type or size are permitted on the exterior of the property from which the modified home office occupation is conducted.

       h. No machinery, equipment or process may be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable outside the dwelling unit or which causes any interference with radio or television reception by neighboring dwelling units or fluctuation in line voltages beyond the premises.

MUNICIPAL AGENCY shall include the Planning Board, Board of Adjustment or Township Committee, or any agency created by or responsible to one (1) or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.

MUNICIPAL RESIDENT shall mean a person who is domiciled in the Township.

NEWSRACK : shall mean any outdoor self-service or coinoperated box, container, storage unit or other dispenser installed, used or maintained for the sale of newspapers or other news publications.

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 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 fails to conform to the requirements of the zoning district in which it is located by reason 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, revisions or amendment.

NURSING HOME : shall mean any building in which more than one (1) room or an area exceeding four hundred (400) square feet is used for the accommodation, reception or treatment of the aged or sick who are residents therein, excluding members of the resident family, and who are not related to the owner or lessee of such building.

OFF SITE : shall mean located outside the lot lines of the lot in question but within the property which is the subject of a development application or the closest half of the street right-of-way abutting the property of which the lot is a part.

OFF-TRACT : shall mean not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.

ON SITE : shall mean located on the lot in question and excluding any abutting street or right-of-way.

ON-TRACT : shall mean located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.

OPEN SPACE : shall mean any parcel or land area or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets, off-street parking and other improvements that are designed to be incidental to the natural openness of the land, and provided further that no portion of the required open space shall include any yard or setback distance stipulated in this chapter and any street right-of-way.

OPEN SPACE ORGANIZATION : shall mean an incorporated nonprofit organization operating in a Planned Development under recorded land agreement through which:

       (a) each occupied dwelling unit is automatically a member;

       (b) each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the Township; and

       (c) each owner and tenant has the right to use the common property.

PARKING SPACE : shall mean any area of not less than nine (9') feet wide by twenty (20') feet in length (9'x20'), either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that the length of a parking space may be reduced to eighteen (18') feet in length, subject to the approval of the Board in those instances where a two (2') foot overhang area exists beyond a curb and where such overhang does not interfere with any proposed and/or required landscaping. Notwithstanding any other provision of this chapter, nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, except that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking areas. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

PERFORMANCE GUARANTEE : shall mean any security, in accordance with the requirements of this chapter, which may be accepted in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, escrow agreements, and other similar collateral or security agreements, or letters of credit under the circumstances specified in subsection 13-902.2c. of this chapter and cash.

PERMITTED USE : shall mean any use of land or buildings as permitted by this chapter.

PLANNED DEVELOPMENTS : shall mean:

       a. Residential cluster shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance; i.e., a multi-unit residential development in which structures are grouped closer to each other than would otherwise be permitted, and in which the open space so saved remains an integral element of the development.

       b. Planned unit development shall mean an area with a specified minimum contiguous acreage of ten (10) 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 shall be specified in this chapter.

       c. Planned unit residential development shall mean an area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development.

       d. Single family cluster shall mean an area to be developed as a single entity according to a plan containing detached single family dwellings which have a common or public open space area as an appurtenance: i.e., a single family residential development in which individual lot sizes are less than would otherwise be permitted; in which the open space so saved remains an integral part of the development; and where the total number of single-family homes is approximately the same as the number which might otherwise be constructed upon the land if developed in a conventional, non-clustered format.

PRINCIPAL BUILDING : shall mean a building or buildings which contain a principal permitted use.

PRINCIPAL FACADE : shall mean the side of the structure which is most parallel to the adjoining roadway. In the event the structure faces more than one (1) roadway, the principal facade may be the side facing either roadway. In the event the structure faces a roadway and a common parking area (i.e. utilized by more than one (1) business, professional, commercial or similar, nonresidential entity), the principal facade may be the side facing either the roadway or the parking area. There shall only be one (1) principal facade per structure.

PRINCIPAL USE : shall mean the main purpose for which a lot or building is used.

PROJECTS OF REGIONAL SIGNIFICANCE : shall mean Land Managements of more than one hundred fifty (150) dwelling units or one hundred thousand (100,000) square feet of nonresidential building space or all major subdivisions or major site plans within five hundred (500) feet of a municipal border or critical natural resources like primary or secondary streams identified in the Somerset County Open Space Plan, that may affect neighboring jurisdictions.

PUBLIC PURPOSE USES : shall mean the use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

PUBLIC UTILITY : shall mean any public utility regulated by the Board of-Regulatory Commissioners as defined pursuant to N.J.S.A. 48:2-13.

PUBLIC VIEW : shall mean visible from a public thoroughfare, public lands or buildings or navigable waterways.

RESIDENTIAL AGRICULTURE : shall mean the growing and harvesting of plant life and the keeping of non-household animals for the enjoyment of the residents on the property and not for commercial purposes, provided that a lot of at least two (2) acres in area is required for the keeping of one (1) non-household animal; one (1) additional acre of land is required for each of three (3) additional non-household animals; and one-half (1/2) additional acre of land is required for each additional non-household animal thereafter.

RESTAURANT : shall mean any establishment, where the food is served at tables by the establishment's wait staff and where food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating the residential facility and for the convenience of patrons of the facility, shall not be deemed a restaurant.

RESTAURANT, DRIVE-IN : shall mean any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand, hot dog stand or any similar facility where food is purchased by patrons without entering the building, regardless of whether or not seats are provided for customers inside the building.

RESTAURANT, DRIVE-THROUGH : shall mean any restaurant or similar facility where food can be delivered to a customer by means of a drive-up window, and where customers can order and/or pick up food while remaining in a vehicle.

RESUBDIVISION : shall mean

       (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.

SATELLITE DISH ANTENNA : shall mean any apparatus or structure constructed or installed out of doors with the purpose of receiving television or radio waves, but excluding, however, conventional television antennas and satellite dish antennas no more than thirty-six (36") inches in diameter.

SCHOOLS : shall mean any building or part thereof which is designed, constructed, or used for educational or instruction in any branch of knowledge. All schools shall be subject to the regulations set forth in Section 13-525 of this chapter. Moreover, any school with a gross floor area exceeding three thousand nine hundred (3,900) square feet shall be a conditionally permitted use subject to compliance with those conditions set forth in subsection 13-601.10 of this chapter.

SEARCH AREA : shall mean the geographic area (which may or may not extend beyond municipal boundary lines) within which additional wireless telecommunications facilities are required to provide reliable and adequate coverage consistent with the licensing requirements of the FCC.

SERVICE STATION : shall mean lands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee or other activity not specifically a part of the service station use shall be permitted.

SETBACK LINE : shall mean a line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the streetline or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

       SETBACK LINE

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

SIGHT EASEMENT AT INTERSECTION : shall mean a triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than twelve (12") inches above the street centerline except for street signs, fire hydrants and light standards.

       **Webmaster's Note: Definitions newsrack through site easement at intersection have been amended through supplement no. 40.

SIGN shall mean any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illumination or insignia is used to advertise or promote the interest of any person or products when the same is placed in view of the general public

SITE shall mean an area of land under common ownership composed of one (1) or more lots adjoining one another

SITE PLAN shall mean a development plan of one (1) or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, flood plains, 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 reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

       a. Minor site plan shall mean any development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign, off-street parking area, or home office occupation, as such accessory uses are specifically permitted in Article 13-400 of this chapter, or any development plan consisting of an expansion of, or addition to, an existing conforming structure and/or use not exempted from site plan review by subsection 13-802 2 of this chapter and not accounting for more than four thousand (4,000) cubic feet of enclosed or roofed area, providing that such development plan does not involve a planned development, variances from the provisions of this chapter, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or properties

       b. Major site plan shall mean any development plan not classified as a minor site plan

SITE PLAN COMMITTEE shall mean a committee of at least three (3) Planning Board members, appointed by the Planning Board Chairman, with the approval of the Board, for the purpose of reviewing the site plan applications prior to action by the Board to determine whether such applications comply with all Ordinance provisions and with other requirements relating to site plans as may be conferred on the committee by the Board through a motion duly adopted and recorded

SITE PLAN REVIEW shall mean the examination of the specific development plans for a lot or tract of land Whenever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Board

STORY shall mean that portion of a building included between the surface of any floor and the ceiling next above it

STORY-ABOVE-GRADE shall mean any story having its finished floor surface entirely above the average finished grade, except that a basement shall be considered a story above-grade when the finished surface of the floor above the basement is more than six (6') feet above grade for more than fifty (50%) percent of the total perimeter or more than twelve (12') feet at any point

STORY, HALF shall mean the space under a sloping roof that has the line of intersection of the roof and wall face not more than three (3') feet above the floor level and in which space the possible floor area with head room of five (5') feet or less occupies at least forty (40%) percent of the total floor area of the story directly beneath (See sketch annexed hereto )

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

STREAM CORRIDORS : shall mean the stream channel and all of the land on either side of the stream channel which is within the 100-year floodplain as delineated by the Federal Emergency Management Agency or the Flood Hazard Area as delineated by the New Jersey Department of Environmental Protection, or is a sloping area of fifteen (15%) percent or greater that is contiguous to the stream channel or 100-year floodplain/Flood Hazard Area. Stream channels include permanent or intermittent watercourses shown on U.S.G.S. quadrangle maps, and/or the Somerset County Soil Survey.

STREET : shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way

       (1) which is an existing State, County or municipal roadway or

       (2) which is shown on a plat heretofore approved, pursuant to law, or

       (3) which is approved by N.J.S.A. 40:55D-1 et seq., or which is shown on a plat duly filed 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, shoulder, gutters, sidewalks, parking areas and other areas within the street line, except for the purposes of the setback, buffer and yard requirements of this chapter, Interstate Highways I-287 and I-78 shall not be considered streets and their right-of-way lines shall be considered lot lines. For purposes of the paving design requirements of this chapter for and related to streets, all "private roads" in planned developments shall be considered streets.

STREET LINES : shall mean the edge of the existing or future street right-of-way, whichever may result in the widest right-of-way, as shown on the adopted Master Plan or official map, forming the dividing line between the street and a lot.

STRUCTURE : shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

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 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 to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size,

       (2) divisions of property by testamentary or intestate provisions,

       (3) divisions of property upon Court order including, but not limited to, judgments of foreclosure,

       (4) consolidation of existing lots by deed or other recorded instrument and

       (5) the conveyance of one (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".

       a. Minor subdivision shall mean the division of land containing an aggregate of not more than two (2) lots (one (1) new lot and the remaining parcel), each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of township facilities; not involving any streets requiring additional right-ofway width as specified in the Master Plan or official map and/or street requirements of this chapter, unless such additional right-of-way width, either along one (1) or both sides of said street(s), as applicable, shall be deeded to the township or to the appropriate government authority prior to classification as a minor subdivision; not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions of the Master Plan, official map, or this chapter; not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by the township within the current calendar year and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivision as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of the ordinance of which this is a revision as shown on the Township Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.

       b. Major subdivision shall mean any division of land not classified as a minor subdivision.

SUBDIVISION COMMITTEE : shall mean a committee of at least three (3) Planning Board members, appointed by the Planning Board Chairman, with the approval of the Board, for the purpose of reviewing subdivision applications prior to action by the Board to determine whether such applications comply with all chapter provisions and with other requirements relating to subdivisions as may be conferred on the committee by the Board through a motion duly adopted and recorded.

SUBDIVISION REVIEW : shall mean the examination of the specific subdivision plat for a lot or tract of land. Wherever the term "subdivision approval" is used in this chapter, it shall be understood to mean a requirement that the subdivision plat be reviewed and approved by the Board.

SWIMMING POOL, PORTABLE : shall mean portable pools shall not be subject to the requirements of this chapter and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface of one hundred (100) square feet; and do not require braces or supports.

SWIMMING POOL, PRIVATE RESIDENTIAL : shall mean and include artificially constructed pools, whether located above or below the ground, having a depth of more than eighteen (18") inches and/or a water surface of one hundred (100) square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a residential dwelling and shall include all buildings, structures, equipment and appurtenances thereto.

SWIMMING POOL, COMMERCIAL : shall mean and include all pools associated with other than detached single-family and two (2) family dwellings. Commercial swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

THREATENED AND ENDANGERED PLANTS AND ANIMALS : shall mean those which:

       a. Appear on the National list developed by the Department of the Interior; or

       b. Appear on the State list developed by the New Jersey Department of Environmental Protection; or

       c. Are designated in N.J.S.A. 23:2A-4 (The Endangered and Nongame Species Conservation Act, State list of endangered species).

       **Webmasters Note: Definitions stream corridors through threatened and endangered plants and animals have been amended as of supplement no. 40.

TOWNSHIP shall mean Township of Bedminster, Somerset County, New Jersey

TRACT shall mean an area of land composed of one (1) or more lots adjacent to one another, having sufficient dimensions and area to make one (1) parcel of land meeting the requirements of this chapter for the use(s) intended The original land area may be divided by one (1) existing public street and still be considered one (1) tract provided that the street is not an arterial road and that a linear distance equal to more than seventy-five (75%) percent of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street

VARIANCE shall mean a departure from the terms of this chapter authorized by the appropriate municipal agency in accordance with N.J.S.A. 40 55D-1, et seq.

WATERCOURSE shall mean any stream or surface water body with a drainage area of twenty (20) acres or more at the downstream property line This term shall not include swales or roadside ditches which convey only direct runoff from storms or snow melting

WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND shall mean a fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers

WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT AND/OR TOWERS shall mean buildings and/or structures and equipment for the delivery of wireless telecommunications except for satellite dish antennas which shall be regulated under Section 13-520 of this chapter For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunications facilities"

WIRELESS TELECOMMUNICATIONS TOWER shall mean a vertical structure used to support wireless telecommunications antennas

YARD, FRONT shall mean an open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot The depth of the front yard shall be measured horizontally from a lot line drawn parallel or concentric to the centerline of the street, said line being no closer at any point than thirty-three (33') feet from the centerline of an arterial street, thirty (30') feet from the centerline of a collector street, and twenty-five (25') feet from the centerline of a local street

YARD, REAR shall mean an open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines

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 closest point of the principal building on the lot The width of the required side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved side lot lines

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (Ord. #88-14, §1; Ord. #88-17, §3; Ord. #89-17, §4; Ord. #90-3, §1; Ord. #90-4, §3; Ord. #90-17, Al; Ord. #91-08, §1; Ord. #92-05, §1; Ord. #92-26, §1; Ord. #92-27, §1; Ord. #935, §§1, 2; Ord. #94-18, §§1, 2; Ord. #94-23, §1; Ord. #94-25, §1; Ord. #95-2, §1; Ord. #95-19, §§2, 3; Ord. #95-22, §1; Ord. #95-49, §1; Ord. #97-12, §1; Ord. #97-26, §1; Ord. #9727, §1; Ord. #98-03, §2; Ord. #98-10, §1; Ord. No. 98-14, §1; Ord. #98-33, §§1, 2; Ord. #98-43, §1; Ord. #99-15, §1; Ord. #2000-12, §1; Ord. #2000-16 §1; Ord. #2000-19, §1; Ord. #2000-44, §1; Ord. #2008-07, §2; Ord. #2010-001, §1)

EXEMPT DEVELOPMENT shall mean any development that creates less than one thousand (1,000) square feet of new impervious area and disturbs less than two thousand five hundred (2,500) square feet of land. Further, an exempt development shall not meet the definition of "minor development."

MINOR DEVELOPMENT shall mean any development that results in the creation of one thousand (1,000) square feet or more of new impervious area or one that disturbs more than two thousand five hundred (2,500) square feet of land area. Further, a minor development shall not meet the definition of "major development" in N.J.A.C. 7:8. (Ord. #05-40, §2)

ANTENNA shall mean any interior or 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, wireless telecommunications signals or other communication signals.

BACKHAUL NETWORK shall mean the lines that connect a provider's towers and cell sites to one (1) or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.

COVERAGE GAP shall mean the need for additional capacity or service for State law purposes because of inadequate present capacity or service, dead spots, static and inability to place a call.

DEAD SPOT shall mean small areas within a service area where the field of strength is lower than the minimum level for reliable service or inadequate capacity exists as determined by expert testimony in accordance with industry standards.

FAA shall mean the Federal Aviation Administration.

FCC shall mean the Federal Communications Commission.

HEIGHT shall mean, when referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.

LATTICE TOWER shall mean a freestanding steel framework tower.

PREEXISTING TOWERS AND ANTENNAS shall mean any tower or antenna which has a construction permit or land use approval prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed, so long as such construction permit or land use approval is current and not expired, and including any tower or antenna on property owned, leased or otherwise controlled by the Township of Bedminster.

SATELLITE DISH shall mean any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals.

SCENIC CORRIDORS shall mean those scenic water courses and scenic roadways identified in "Figure 14 Scenic Corridors" of the Bedminster Township 2003 Master Plan, as amended in 2005, and thereafter amended from time to time.

STEALTH TOWER STRUCTURE shall mean manmade trees, clock towers, bell steeples, silos, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers so as to blend in with the surrounding property characteristics, by using site appropriate color for the site.

TOWER shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. The term shall also include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure of the tower along with any support thereto.

WIRELESS TELECOMMUNICATIONS shall mean any personal wireless services as defined in the Telecommunications Act of 1996 (the "TCA"), which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services, specialized mobile radio, enhanced Specialized mobile radio, paging and similar services that exist or that may be developed in the future. (Ord. #2010-005, §1)

APPEAL shall mean a request for a review of the Township Engineer's interpretation of any provision of this ordinance or a request for a variance.

AREA OF SHALLOW FLOODING shall mean a designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one (1%) percent annual or greater chance of flooding to an average depth of one (1') to three (3') feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD shall mean the land in the flood plain within a community subject to a one (1%) percent or greater chance of flooding in any given year.

BASE FLOOD shall mean the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

BASEMENT shall mean any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL shall mean a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

DEVELOPMENT shall mean any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

ELEVATED BUILDING shall mean a non-basement building (i) built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

FLOOD OR FLOODING shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:

       (a) The overflow of inland or tidal waters and/or

       (b) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) shall mean the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) shall mean the official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOOD PLAIN MANAGEMENT REGULATIONS shall mean zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than two-tenths (0.2') foot.

HIGHEST ADJACENT GRADE shall mean the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE shall mean any structure that is:

       (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

       (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

       (c) Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

       (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

       (1) By an approved State program as determined by the Secretary of the Interior; or

       (2) Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME shall mean a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

NEW CONSTRUCTION shall mean structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION shall mean a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.

RECREATIONAL VEHICLE shall mean a vehicle which is [i] built on a single chassis; [ii] four hundred (400) square feet or less when measured at the longest horizontal projections; [iii] designed to be selfpropelled or permanently towable by a light duty truck; and [iv] designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

START OF CONSTRUCTION FOR OTHER THAN NEW CONSTRUCTION OR SUBSTANTIAL IMPROVEMENTS UNDER THE COASTAL BARRIER RESOURCES ACT (P.L. NO. 97-348) shall mean and includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

       Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE shall mean a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL DAMAGE shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50%) percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds fifty (50%) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

       (a) Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

       (b) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

VARIANCE shall mean a grant of relief from the requirements of this subsection that permits construction in a manner that would otherwise be prohibited by this subsection.

ADDITION shall mean a new improvement constructed as part of an existing improvement when such new improvement changes the exterior architectural appearance of the existing improvement

AFFECTING A HISTORIC DISTRICT shall mean the act by which any development alters the exterior architectural appearance of any improvement within a designated historic district

ALTERATION shall mean any work done on any improvement which a Is not an addition to the improvement, and

       b. Constitutes a change by addition or replacement in the exterior architectural appearance of an improvement

APPLICANT shall mean any private person, persons, or any representative of any private entity, private organization, association or public agency with legal authority to make an alteration, addition, improvement, renovation, repair or demolish a structure

CERTIFICATE OF APPROPRIATENESS shall mean a document issued only by the Historic Preservation Commission indicating a finding that the development or improvement conforms to the standards of this Section 13806

DEMOLITION shall mean partial or total razing or destruction of any improvement within a designated historic district.

EXTERIOR ARCHITECTURAL FEATURE shall mean any element or resource of the architectural style, design, or general arrangement of a structure that is visible from the outside including, but not limited to the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, the type, color, and texture of the building materials, signs, fences, and other decorative architectural elements

HISTORIC DISTRICT shall mean one (1) or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC PRESERVATION COMMISSION (or Commission) shall mean the body designated and created herein pursuant to subsection 13-806 3 which acts as the historic preservation commission as cited in the Municipal Land Use Law N.J.S.A 40-55D et seq.

HISTORIC SITE shall mean any buildings, structures, sites, or objects which possess integrity of location, design, setting, materials, workmanship and association, and which have been determined, pursuant to the terms of this section, to be

       a. Of particular historic significance to the Township of Bedminster by reflecting or exemplifying the broad cultural, political, economic, or social history of the nation, State, or community, or

       b. Associated with the historic personages important in national, State, or local history, or

       c. The site of a historic event which had significant effect on the development of the nation, State, or community, or

       d. An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering, or

       e. Representative of the work of an important builder, designer, artist, or architect, or

       f. Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation, or

       g. Able or likely to yield information important in prehistory or history

IMPROVEMENT shall mean any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than one hundred twenty (12) continuous days

OBJECT shall mean a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment

ORDINARY MAINTENANCE shall mean the act of repairing any deterioration, wear, or damage to a structure, or any part hereof, in order to return the same as nearly practicable to its condition prior to the occurrence of such deterioration, wear, or damage Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials and having the same appearance

REPAIR shall mean any work done on any improvement which

       a. Is not an addition to the improvement, and

       b. Does not change the exterior architectural appearance of any improvement

RECONSTRUCTION shall mean the act or process of reproducing by new construction the exact form and details of the exterior building, structure, object, or part thereof, as it appeared at a specific period of time

REHABILITATION shall mean the act or process of returning the exterior of a building or structure to a state of utility through repair and alteration which makes possible an efficient contemporary use while preserving those portions of features of the property which are significant to its historic, architectural, and cultural values

REMOVAL shall mean the act of partially or completely causing a structure or portion of a structure to change to another location, position, station or residence

REPLACEMENT shall mean the act or process of replicating any exterior architectural feature

RESTORATION shall mean the act or process of accurately recovering the form and details of the exterior of a building and/or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work (Ord #95-28, §1, Ord #97-08, §1)

AFFORDABLE shall mean a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9.

AFFORDABLE UNIT shall mean any housing unit proposed or created pursuant to the Fair Housing Act of 1985, credited pursuant to N.J.A.C. 5:97-4, or funded through the Township's affordable housing trust fund.

AFFORDABLE HOUSING DEVELOPMENT shall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one hundred (100%) percent affordable development.

COAH OR COUNCIL shall mean the New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985, which has primary jurisdiction for the administration of affordable housing obligations in accordance with sound regional planning considerations in the State.

DEVELOPMENT FEES shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

DEVELOPER SHALL mean 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 individual, person, partnership, association, company, or corporation having an enforceable proprietary interest in such land.

EQUALIZED ASSESSED VALUE shall mean the assessed value of a property divided by the current average ration of assessed to true value for the Township as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c). Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Tax Assessor.

GREEN BUILDING STRATEGIES shall mean those strategies that minimize the impact of development on the environment, and enhance the health, safety and well- being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

SUBSTANTIAL CHANGE shall mean a modification or elimination of a significant condition or conditions in a memorializing resolution or any significant modification in the design or layout of the subdivision plan previously approved which require a revised or amended subdivision plan application. (Ord. #09-010, §1)

ACCESSORY APARTMENT shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

ACT shall mean the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)

ADAPTABLE shall mean constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT shall mean the entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:96, N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.

AFFIRMATIVE MARKETING shall mean a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80- 26.15.

AFFORDABILITY AVERAGE shall mean the average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE shall mean a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT shall mean a housing development all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT shall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one hundred (100%) percent affordable development.

AFFORDABLE HOUSING PROGRAM(S) shall mean any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT shall mean a housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an Affordable Housing Trust Fund.

AGENCY shall mean the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

AGE-RESTRICTED UNIT shall mean a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are sixty-two (62) years or older; or 2) at least eighty (80%) percent of the units are occupied by one (1) person that is fifty-five (55) years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

ASSISTED LIVING RESIDENCE shall mean a facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four (4) or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one (1) unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD shall mean a household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

COAH shall mean the Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA shall mean the State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT shall mean a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.

DEVELOPER shall mean any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

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 use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

INCLUSIONARY DEVELOPMENT shall mean a development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD shall mean a household with a total gross annual household income equal to fifty (50%) percent or less of the median household income.

LOW-INCOME UNIT shall mean a restricted unit that is affordable to a low-income household.

MAJOR SYSTEM shall mean the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.

MARKET-RATE UNITS shall mean housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME shall mean the median income by household size for the applicable county, as adopted annually by COAH.

MODERATE-INCOME HOUSEHOLD shall mean a household with a total gross annual household income in excess of fifty (50%) percent but less than eighty (80%) percent of the median household income.

MODERATE-INCOME UNIT shall mean a restricted unit that is affordable to a moderate-income household.

NON-EXEMPT SALE shall mean any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.

RANDOM SELECTION PROCESS shall mean a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT shall mean the maximum housing value in each housing region affordable to a four-person household with an income at eighty (80%) percent of the regional median as defined by COAH's adopted Regional Income Limits published annually by COAH.

REHABILITATION shall mean the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT shall mean the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT shall mean a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

UHAC shall mean the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY LOW-INCOME HOUSEHOLD shall mean a household with a total gross annual household income equal to thirty (30%) percent or less of the median household income.

VERY LOW-INCOME UNIT shall mean a restricted unit that is affordable to a very low-income household.

WEATHERIZATION shall mean building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.