City of Northfield - Definitions

ACCESSORY APARTMENT

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.

ACCESSORY USE OR BUILDING

A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot, except that any structure with a floor area in excess of 500 square feet of a building containing living space shall never be considered an accessory building.

ACT

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

ADAPTABLE

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

ADMINISTRATIVE AGENT

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

ADMINISTRATIVE OFFICER

For all matters before the City Council, the City Clerk. For all matters pertaining to applications, minutes and other administrative matters, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board. In matters involving § 215-8D(12) pertaining to issuance of the official list of adjacent property owners for required notices, the administrative officer shall be the Tax Assessor. In matters involving § 215-10 pertaining to records maintenance, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board, and the Zoning Officer in matters involving the issuance of a development permit or action taken pursuant to complaints regarding the enforcement of this chapter. In matters involving issuance of a permit or enforcement of this chapter, the administrative officer shall be the Zoning Officer. In matters involving review of applications for completeness and for compliance, the administrative officer shall be the Secretary of the Planning Board in matters involving the Planning Board.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.

AFFIRMATIVE MARKETING

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

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

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, 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, 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

A housing development, all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or structure that provides for-sale or rental dwelling units for low- and moderate-income households within a residential use, structure, supportive or special needs dwelling, or residential component of a mixed-use development in accordance with the requirements of the City of Northfield's affordable housing ordinances and Housing Element and Fair Share Plan.

AFFORDABLE HOUSING DEVELOPMENT

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-percent affordable housing development.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

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

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

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 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the United States 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.

AGRICULTURAL DEVELOPMENT

Land uses normally associated with the production of food and fiber for sale. For purposes of this chapter, such uses shall not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

ALLEY

A secondary thoroughfare less than 30 feet in width dedicated for the public use of vehicles and pedestrians and affording access to abutting property.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural members, except such changes as may be required for its safety; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure; or change in use from one district classification to another.

AMUSEMENT ARCADE

Any building, structure or premises which has for its primary purpose or function the offering of coin- or non-coin-operated amusement machines or devices in accordance with § 215-140 of this chapter.

AMUSEMENT DEVICE

Any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other opening, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include, but not be limited to, such devices as electronically operated game devices, skillball, mechanical game operations or transactions similar thereto, by whatever name they may be called, and shall not include pool or billiard tables.

ANTENNA SUPPORT STRUCTURE

Any building or structure, other than a tower, which can be used for location of telecommunications facilities.

APARTMENT

A dwelling unit in a multifamily building.

APPLICANT

A developer submitting an application for development or for a permit required in accordance with this chapter.

APPLICANT

Any person, corporation, limited-liability company, partnership or other entity that applies for a tower development permit.

APPLICATION

The process by which the owner of the parcel of land within the City of Northfield submits a request to develop, construct, build, modify or erect a tower upon such parcel of land. "Application" includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such request.

APPLICATION FOR DEVELOPMENT

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

APPROVING AUTHORITY

The City Planning Board unless a different agency is designated by this chapter when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

AREA OF SHALLOW FLOODING

A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

ART GALLERY

A building, or portion thereof, in which sculpture, paintings, or other artistic work is displayed but not for sale.

ARTERIAL STREET OR ROAD

A roadway so designated on the circulation plan of the Master Plan.

ASSISTED LIVING RESIDENCE

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 or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

AUTOMOBILE SALES AGENCY

A place of business where the primary purpose is the sale of new and/or used motor vehicles.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION

The elevation, based on mean sea level, of a flood that has a one-percent or greater chance of occurrence in any given year as established by the Federal Insurance and Mitigation Administration of the Department of Housing and Urban Development and as shown on the Flood Insurance Rate Maps of the Federal Insurance and Mitigation Administration.

BASEMENT

A story partly underground and having more than 1/2 of its height above the average level of the finished grade.

BEDROOM

A room or portion of a structure with the principal function of serving as sleeping quarters.

BILLBOARD

A structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.

BLOCK

The length of a street between two street intersections.

BOARDING- OR LODGING HOUSE

Any dwelling for hire in which two or more persons are housed or lodged, with or without meals. This definition notwithstanding, a certificate of compliance issued by the Construction Official is required for any dwelling for hire.

BREAKAWAY WALLS

Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are so designed as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters.

BUFFER AREA or TRANSITION REQUIREMENT

A strip of land which separates multifamily, commercial, office or industrial-type districts or uses from adjoining residential districts or uses so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences. Within any such buffer area, no buildings, structures, driveways, parking or loading areas or other use of the land shall be permitted unless otherwise provided in this chapter.

BUILDABLE AREA

That central portion of any lot between required yards and/or setback lines.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

BUILDING AREA

The total areas of outside dimensions on a horizontal plane and ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which are less than three feet above the level of the ground at all points.

BUILDING COVERAGE

The area of a tract covered by buildings and roofed areas, measured at the building line. Building coverage is expressed as a percentage of the total tract area.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; to the mean height level of the distance measured between the eaves and ridge for gable and hipped roofs; to the deck line for mansard roofs.

BUILDING LINE (SETBACK LINE)

The line beyond which a building shall not extend unless otherwise provided in this chapter.

BUILDING PERMIT

A permit used for the alteration or erection of a building or structure in accordance with the provisions of the Building Code of the City of Northfield.

BUILDING, PRINCIPAL

A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

BULK STORAGE

The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.

BULKHEAD

A structure separating land and water areas, primarily designed to resist earth pressures.

BUSINESS OFFICE

A business establishment which does not offer a product or merchandise for sale to the public, but offers a service to the public. However, personal services, such as barber and beauty shops, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office."

CANNABIS

All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16,[1] for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

CANNABIS DELIVERY SERVICE

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

CANNABIS ESTABLISHMENT

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

CANNABIS RETAILER

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CAR WASH

A facility for the washing and cleaning of automobiles and other motor vehicles using production-line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.

CARPORT

A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.

CELLAR

A story wholly or partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.

CERTIFICATE OF COMPLETENESS

A certificate issued by the administrative officer (Planning Board) after all required submissions have been made in proper form, certifying that an application for development is complete.

CERTIFICATE OF NONCONFORMANCE

A document issued by the Zoning Officer for a nonconforming use or structure existing at the time of passage of the zoning ordinance or any amendment thereto which, pursuant to N.J.S.A. 40:55D-48, may be continued upon the lot or in the building so occupied. Such certificate may be obtained at the owner's request upon any change of ownership for a nonconforming use, structure or lot

CERTIFICATE OF OCCUPANCY

A certificate issued upon completion of construction and/or alteration of any building, or change in use of any building, or change in occupancy of a nonresidential building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Planning Board and/or all other applicable requirements.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

CHANGE IN USE

A. Any change from an industrial use to any other industrial use.

B. Any increase in the number of dwelling units in a structure.

C. Any change from any nonresidential use to any other use for which any standard set forth in this chapter is greater or more restrictive.

D. Any change from a residential use to any nonresidential use.

E. Any change in use from any existing or permitted use to any conditional use.

F. Any change from any existing or permitted use to any permitted use which can be classified as being in a category lower on the following list than was the original use:

(1) Single residential.
(2) Multifamily residential.
(3) Professional office.
(4) Other office.
(5) Retail business.
(6) Other business and commercial.

CHURCH

See "place of worship."

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highway, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or trans-shipment points.

CITY

The City of Northfield, including its Planning Board.

CITY

The City of Northfield, and its departments, including but not limited to the Planning and Zoning Board or its Engineer, the Zoning Office or a duly recognized representative of either entity.

CITY ENGINEER

The licensed New Jersey professional engineer appointed by the Mayor in accordance with N.J.S.A. 40A:9-140 to render engineering services and advice to the City. "City Engineer" shall also be interpreted to include the Planning Board Engineer where the Board has jurisdiction.

CITY SURVEYOR

The licensed New Jersey professional land surveyor appointed by the Mayor to render surveying services and advice, including maintenance and certification of tax maps, pursuant to N.J.S.A. 45:8-36, 45:8-41, and 45:8-43; N.J.S.A. 46:23-9.9 et seq., and N.J.A.C. 13:40-5.1.

CLEAR SIGHT DISTANCE

The clear sight distance measured along a line perpendicular to the midpoint of a window sill and 60° radial from that line at the window sill in all directions vertical and horizontal forming a cone of vision.

CLEAR-CUTTING

The removal of all standing trees on a lot or portion of a lot.

CLINIC

A facility for the diagnosis and treatment of outpatients and/or a group practice in which several physicians work cooperatively.

CLUBHOUSE

A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.

COAH or THE COUNCIL

The New Jersey Council on Affordable Housing established under the Fair Housing Act.

COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT

A permit issued for specific development within the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in accordance with rules and regulations promulgated thereunder in the New Jersey Administrative Code, N.J.A.C. 7:7-1.1 et seq.

COASTAL WETLANDS

The coastal wetland designated by the New Jersey Wetlands Law (N.J.S.A. 13:9A-1 et seq.).

COLLECTOR STREET OR ROAD

A roadway so designated on the circulation element of the Master Plan.

COMMERCIAL PARKING FACILITY

Has the same meaning as "parking area, public"; also see "garage, public" and "vertical parking garage."

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

Any community residential facility housing licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food, shelter, and personal guidance under such supervision as required, not to exceed 15 developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health-care facilities within the meaning of the Health Care Facilities Planning Law (N.J.S.A. 26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartments and hotels.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures, established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMPLETE APPLICATION

An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Article X of this chapter, and upon the issuance of an authorization thereof by the Planning Board.

CONDOMINIUM

A. An ownership arrangement, not a land use; therefore, it is allowed in any zone and under the same restrictions as the land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium dwelling unit has all of the following characteristics:

(1) The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.

(2) The unit may be any permitted dwelling type.

(3) All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this chapter.

B. Condominium ownership of structures and areas may be applied to offices, retail, wholesale, industrial and other types of uses.

CONVENIENCE SHOPPING FACILITY

A retail store which provides the essential daily household needs.

CONVENTIONAL DEVELOPMENT

Development which complies with the full lot size and other provisions of this chapter.

COOPERATIVE

A housing corporation or association which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment or other structure owned or leased by said corporation or association, or to lease or purchase a dwelling constructed or to be constructed by said corporation or association.

CORNER LOT

See "lot, corner."

COUNTY MASTER PLAN

A composite of the comprehensive plan or master plan for the physical development of Atlantic County with the accompanying maps, plats, charts, and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD

The Planning Board of Atlantic County as defined in N.J.S.A. 40:27-6.1.

COURT or COURTYARD

An unoccupied open space on the same lot with a building, which is bounded on three or more sides by the exterior walls of a building or by exterior walls and lot lines.

COVERAGE

Has the same meaning as "lot coverage."

CRITICAL AREA

A sediment-producing highly erodible or severely eroded area.

CURB GRADE OR LEVEL

The officially established grade of the curb in front of the midpoint of the front lot line. Where no curb grade has been established, the City Engineer shall establish such curb level or its equivalent for the purpose of this chapter.

DAY CAMP

A licensed, organized and supervised daytime facility used for recreational purposes.

DAY(S)

Calendar day(s).

DAY-CARE CENTER

A state-certified facility which provides care for children.

DCA

The State of New Jersey Department of Community Affairs.

DEATH OF A TREE

As determined by an appropriately appointed City official.

DEFICIENT HOUSING UNIT

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.

DENSITY

The permitted number of dwelling units per gross area of land to be developed and includes the number of dwelling units per gross acre of residential land, including streets, easements and open space portions of a development.

DEPARTMENT

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.).

DETENTION BASIN

A man-made or natural depression below ground level designed to collect surface and subsurface water so that it might impede its flow and to gradually release the same at a rate not greater than that prior to the development of the property, into natural or man-made outlets (i.e., the storm sewer system or stream).

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPER

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

The division of a parcel of land into two 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.

DEVELOPMENT

See § 215-5.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted by applicable COAH regulations.

DEVELOPMENT PERMIT

A document signed by the Zoning Officer which:

A. Is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

B. Acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.

DEVELOPMENT REGULATION

This chapter, official map, ordinance, or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.

DEVELOPMENTALLY DISABLED

Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services in accordance with N.J.S.A. 30:11B-2.

DIAMETER AT POINT OF MEASUREMENT

The diameter of a tree measured 4 1/2 feet (forestry method) above the ground level on the downhill side for existing trees. Trees utilized in the replacement of existing trees or proposed as part of a landscape plan shall be measured 12 inches above ground level for trees over a four-inch caliper; the measurement shall be six inches above grade for trees four-inch caliper (nursery method) or less. "Diameter at point of measurement" may appear as the abbreviation "DPM."

DISTRICT

Has the same meaning as "zone" or "zoning district."

DIVISION

The Division of State and Regional Planning in the New Jersey Department of Community Affairs.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse to provide for "drainage" as defined above.

DRIPLINE

A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk, whichever is greater.

DRIVE-IN RESTAURANT

Has the same meaning as "restaurant, drive-in."

DRIVEWAY

A private road connecting a house, building, garage, accessory building or parking area with the street.

DWELLING

Any building or portion thereof designed or used exclusively for one or more dwelling units.

DWELLING UNIT

A building or part thereof having cooking, sleeping, and sanitary facilities designed for or occupied by one family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced except for access to the outside or a common cellar.

DWELLING, MULTIPLE

A building designed for or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or a common cellar.

DWELLING, SINGLE-FAMILY

A detached building designed for the use of a single household, including two or more people living as a family, wherein not more than one person is sheltered and fed for profit.

DWELLING, TWO-FAMILY

A detached building designed for or containing two dwelling units, which are entirely separated from each other by vertical walls or horizontal floor, unpierced except for access to the outside or a common cellar.

EASEMENT

The right of the City, county, state, utilities authority or other public or quasi-public agency, their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.

EDUCATIONAL USE

Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient for compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as educational uses or accessories to such uses, nor shall a school or college giving special or limited instruction such as a business, art, music or dancing school. Duly accredited colleges and universities shall also be considered educational uses.

EDUCATIONAL USE, PROPRIETARY

The activity or corporation engaged in the instruction of children or adults for personal gain and not as an integral part of a public, parochial or private elementary or secondary school, or college or institution of higher learning or of an established religious or charitable organization.

ELECTRONIC MESSAGE BOARD

A sign whose messages change by mechanical or electronic means.

ELEEMOSYNARY

The giving of money and/or services to a charitable or philanthropic organization.

ENGINEER

Any engineer licensed to practice within the State of New Jersey.

ENVIRONMENTAL IMPACT REPORT (EIR)

A compilation of studies, reports, documents and findings of fact prepared by an applicant as part of and for a development application. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in § 215-94. An Environmental impact statement meeting the requirements of the N.J.S.A. 13:19-1 et seq., the Coastal Area Facility Review Act, and specifically outlined in N.J.A.C. 7:7-1.1 promulgated in compliance with said Act may be accepted in lieu of the EIR.

EQUAL DEGREE OF ENCROACHMENT

The delineation of floodplain limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of floodflows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for significant reach.

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c.123 (N.J.S.A. 54:1-35a through 54:1-35c).

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

EROSION AND SEDIMENT CONTROL PLAN

A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Council and administered by the Cape Atlantic Conservation District in conformance with N.J.S.A. 40:55D-120.

ESSENTIAL SERVICES

Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

EXCAVATION or CUT

Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

EXCAVATION WORK

The excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to, curb, sidewalk, driveway, and driveway aprons, drainage structures and conduits, pavements, base course, gutters, retaining walls, channels, headwalls, railings, guard rails, or any other public improvement existing within the public right-of- way. For the purposes of this chapter, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. Excavation work shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this chapter, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.

EXEMPT DEVELOPMENT

Site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:
farm as defined by this chapter.

A. Construction, additions, or alterations related to single-family detached dwellings or their accessory structures on individual lots, including private swimming pools.

B. Interior alterations which do not increase the required number of off-street parking spaces and which conform to the performance standards of this chapter.

C. Any change in occupancy which is not a "change in use" (as herein defined).

D. Individual applications for accessory mechanical equipment, accessory storage structures, and accessory uses not exceeding 500 square feet in area, whose operation and location conforms to the design and performance standards of this chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required.

E. Sign(s), which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required, and provided such sign(s) conforms to the applicable design and zoning district regulations of this chapter, and a permit is obtained. (See § 215-113B.)

F. Construction of a parking lot or an addition to an existing parking lot, provided that the new lot or the proposed addition contains three spaces or fewer, the location and design of which conform to the standards and zoning district regulations of this chapter.

G. Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this article.

H. Farm and accessory farm buildings and structures, provided such buildings and structures are located on, operated in conjunction with, and necessary to the operation of a farm as defined by this chapter.

FAMILY

One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FARM

Any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock or dairy products.

FARM BUILDING

Any building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this chapter.

FEATHER SIGN/ FEATHER FLAG/ FEATHER BANNER

An advertising sign composed of lightweight fabric or similar material that is mounted to a vertical pole, and resembles the shape of a bird's feather (aka quill).

FENCE

A structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.

FENCE, OPEN

A fence in which 2/3 of the area, between grade level and the top cross member (wire, wood or other material), is open.

FILLING AND EXPRESS FILLING STATION

A retail establishment supplying and selling gasoline or other fuel or oil directly for motor vehicles.

FINAL APPROVAL

The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT

The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter and which, as approved, shall be filed with the proper county recording officer.

FLOOD DAMAGE POTENTIAL

The susceptibility of a floodplain use at a particular site to damage by potential floods at that site, as well as increased off-site flooding or flood-related damages caused by such floodplain use.

FLOOD FREQUENCY

The average frequency, statistically determined, for which it is expected that a specific flood level or discharge may be equaled or exceeded.

FLOOD HAZARD AREA OBSTRUCTION

Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

FLOOD HAZARD AREAS

The floodway and flood fringe areas determined by the Department under Section 3 of the Flood Hazard Area Control Act (P.L. 1979, c. 359; N.J.S.A. 58:16A-51).

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the risk-premium zones applicable to the community.

FLOOD INSURANCE STUDY

The official report provided in which the Federal Insurance and Mitigation Administration has provided flood profiles, as well as the Flood Boundary Floodway Maps and the water surface elevation of the base flood.

FLOOD or FLOODING

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.

FLOODPLAIN

The flood hazard area of any natural or man-made delineated stream, pond, lake, river, or any other body of water and areas inundated by the one-hundred-year flood in nondelineated areas. This includes, but is not limited to, those areas delineated by the floodplain maps prepared by the NJDEP, the Federal Emergency Management Agency or by other agency or professional engineer upon review and acceptance by the City Engineer.

FLOODWAY

The channel of a river, natural stream or other watercourse and the portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or floodflow.

FLOOR

A story of a building.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the floor or several floors of a building measured between the outside face of exterior walls.

A. In the case of residential structures, such area shall be finished in accordance with the requirements of the Building Code. Any cellar, garage, crawl space, unfinished attic or space of any nature, or accessory building shall not be included. Any space with a clear ceiling height of four feet or more, but less than the minimum ceiling height prescribed in the Building Code for the type of building concerned, shall not be included when in excess of 10% of the floor area which complied with such prescribed ceiling heights. In the case of a bilevel, multistory building, the first-floor area shall be considered to be the first level or levels of the structure over the full perimeter of the structure which are above the average finished grade of the adjoining ground, and constructed on other than a concrete slab or other such floor.

B. Any floor area which is located at grade or on such a slab may, however, be included in the calculations of gross floor area, provided it complies with the other terms of this definition.

C. In the case of all multistory buildings, the first-floor area shall be considered to be the first level or levels of the structure extending over the full perimeter of the structure and which is above the average finished grade of the adjoining ground, whether or not such level is constructed on a concrete slab or other such floor.

FLOOR AREA, HABITABLE

The sum of the gross horizontal areas of the floor or several floors of a dwelling measured between the inside face of exterior walls or from the center line of walls separating two dwelling units, having a clear ceiling height of seven feet, four inches, or greater, but not including any unfinished attic, cellar, or accessory building space, but including the floor area of roofed porches, balconies, terraces and patios. (Also see "habitable room.")

FLOOR AREA, SALES

The sum of the gross horizontal areas of the floor or several floors of a commercial building which are used for display of merchandise to the general public and including any areas occupied by counters, showcases, or display racks, and any aisles, entranceways, arcades, or other such public areas.

FRONT BUILDING FACADE AREAS

The total wall surface, including door(s) and window(s), of the principal face of a building which corresponds to the street address of the facade area. In the case of a corner building which fronts on more than one street, the total facade area shall be composed of all frontal areas that have frontal access to the street(s).

FRONT LOT LINE
A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated

FUNERAL HOME or MORTUARY

A funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 45:7-47 et seq. A funeral home or mortuary shall not be considered a "professional office.

GARAGE

A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.

GARAGE, PRIVATE

An enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.

GARAGE, PUBLIC

A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire. The rental of storage space, either enclosed or open, for more than two motor vehicles not owned by occupants of the premises shall be deemed a public garage.

GAS STATION

Has the same meaning as "motor vehicle service station."

GOLF COURSE

An area of 100 or more acres not designated as tidal wetlands by the Wetlands Act, N.J.S.A. 13:9A-1 et seq., containing at least 18 holes, together with the necessary and usual accessory uses and structures.

GOVERNING BODY

The City Council of the City of Northfield.

GRADE, EXISTING

The existing undisturbed elevation of land, ground, and topography preexisting or existing on a lot, parcel or tract of land at the time of the adoption of this chapter.

GRADE, FINISHED

The completed surface of lawns, walks and roads brought to grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.

GREEN BUILDING STRATEGIES

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.

GROSS DENSITY

The total number of units divided by the total area of land within the boundaries of the particular area, excluding nothing.

HABITABLE ROOM

Any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings, or assembly lobbies. All habitable rooms within a dwelling unit shall have natural light, ventilation, and heat. Garages, bathrooms, closets, storage areas, hallways, and stairs are not considered to be habitable rooms. (Also see "floor area, habitable.")

HAZARDOUS MATERIALS

Include, but are not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and creosols, and their salts; petroleum products; and radioactive materials.

HEALTH-CARE FACILITY

A facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended-care facility, skilled nursing home, nursing home, intermediate bioanalytical laboratory (except as specifically excluded hereunder), or central services facility serving one or more such institutions; but excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one or more health-care facilities, and the predominant source of business of which is not by contract with health-care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.

HIGH WATER LINE

A line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection for Lake's Bay and its tributaries in accordance with the provisions of the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., said line being established from photographs and each of these maps being on file in the Office of the City Clerk, the County Clerk, and the New Jersey Department of Environmental Protection.

HISTORIC DISTRICT

One 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 SITE OR STRUCTURE

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance.

HOME OCCUPATION

Any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment is used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.

HOME PROFESSION

The practice of a profession within a "professional office," as defined by this chapter, conducted entirely within a dwelling which is the bona fide residence of the principal practitioner.

HOMEOWNERS' ASSOCIATION

An incorporated, nonprofit organization operating under a recorded land agreement through which:

A. Each lot owner, condominium owner, stockholder under a cooperative development, or other owner of property or interests in the project shall be a member;

B. Each occupied dwelling unit is subject to a charge for proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association or the municipality; and

C. Each owner and tenant has a right to use a common property.

HOSPITAL

A building or series or buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the building such related facilities as laboratories, outpatient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

HOTEL

A building containing six or more guest rooms designed for occupancy as the temporary residence for individuals who are lodged, with or without meals, and in which no provision shall be made for cooking in any individual room or suite.

IMPERVIOUS SURFACE

Any natural or man-made surface which does not permit infiltration of water and causes surface runoff. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces. For purposes of building and impervious surface coverage calculations required in this chapter, porous asphalt and concrete shall be deemed to be impervious surfaces.

IMPERVIOUS SURFACES RATIO

A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net buildable site area.

IMPROVED STREET

A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been improved to the standards specified by the City Engineer upon approval and acceptance by the City Council, Atlantic County or the State of New Jersey.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market-rate units. Inclusionary developments that have five or more units must have a minimum 20% set-aside of affordable units if it is for sale and a minimum 15% set-aside for rentals. 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.

INTERESTED PARTY

A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and

B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose rights to use, acquire, or enjoy property is or may be affected by any action taken under this chapter and/or pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. or under any other law of this state or of the United States or have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.

INTERIOR OR INSIDE LOT

Has the same meaning as "lot, interior."

INTERIOR STREET OR ROAD

A street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.

INTERNAL STREET OR ROAD

A street used for internal vehicular circulation within a tract or development. Major internal streets are those internal streets which have an entrance and/or exit on the access street or right-of-way frontage of the tract. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the Planning Board and by the City Engineer.

JUNKYARD

Space, inside or outside a building, used for the storage, keeping, or abandonment of automobiles, junk, cloth, paper, or waste, including scrap materials or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof or the keeping of more than one inoperable vehicle on a lot.

KENNEL

Any structure or premises wherein or whereon the business of selling or boarding dogs, or breeding dogs for sale, is carried on or where more than three dogs are kept.

LAKES AND PONDS

Natural or man-made bodies of water which normally contain or retain water for extended periods. Ponds are bodies of water with a surface area, measured under ten-year storm conditions, of two acres or less. Lakes are bodies of water with a surface area greater than two acres, measured under ten-year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten-year storm conditions, as certified by the applicant's licensed professional land surveyor, and approved by the City Surveyor.

LAND

Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality. Such term also includes improvements and fixtures on, above or below the surface.

LAND DISTURBANCE

Any activity involving the clearing, grading, transporting, or filling of land, and any other activity which causes land to be exposed to the danger of erosion.

LANDSCAPE; LANDSCAPING

The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices and the requirements of this chapter, including, but not limited to, § 215-100.

LIGHT MANUFACTURING

Fabrication, assembly or processing of goods or materials, or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion, or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

LOADING SPACE

An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have clear means of ingress from and egress to a public street at all times.

LOT

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. A lot is land occupied or to be occupied by a building, structure and permitted accessory uses, or by a dwelling and its accessory uses together with such open spaces as are specified and required under the provisions of this chapter, having not less than the minimum area required by this chapter for a lot in the zone district in which such a lot is situated, and having the required frontage on a street.

LOT AREA

The acreage and/or square footage of a lot contained within the lot lines of the property. No portion of a lot included in a street right-of-way shall be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.

LOT COVERAGE

The area of a lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of the total lot area. For the purpose of this chapter, lot coverage shall include all parking areas and automobile access driveways and internal roadways, whether covered by an impervious or pervious material, and all other impervious surfaces except for the following:

A. Exterior walkways and plazas designed exclusively for pedestrian use as part of a commercial, industrial, or office development and which are part of an overall landscaping plan acceptable to the Planning Board.

B. Unroofed patios, terraces, decks and pedestrian walks which are accessory to a single-family dwelling.

LOT DEPTH

The shortest distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall be not less than 10 feet in length measured between its intersections with the side lot lines. On corner lots, one side lot line shall be considered a rear lot line for the purpose of determining lot depth only.

LOT FRONTAGE

The horizontal distance of lot lines or portions thereof which are coexistent with a street line. In the case of a street of undefined width, said lot lines shall be assumed to parallel the center line of the street at a distance of 50% of the statutory street right-of-way width therefrom. For the purpose of this chapter, only continuous, uninterrupted lot lines shall be accepted as meeting the frontage requirements.

LOT LINE

The following terms are defined and listed separately on this definition page:
FRONT LOT LINE
REAR LOT LINE
SIDE LOT LINE

LOT WIDTH

The shortest distance between the side lot lines, measured at street line, or if no setback line is established, the mean width of the lot measured at right angles to its depth. The minimum lot width as required by this chapter shall be maintained for at least 75% of the minimum depth as measured continuously from the front line except for lots which front the turnaround of a cul-de-sac, in which case lot width at the street line may be reduced to 50% of the required width. However, the lot width measured at the front setback line must be equal to or greater than 75% of the required lot width.

LOT, CORNER

A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. If the interior angle exceeds 135°, the lot shall be deemed to be an interior lot.

LOT, INTERIOR

A lot other than a corner lot.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAINTENANCE GUARANTEE

Any security, other than cash, which may be accepted by the City for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter.

MAJOR DEVELOPMENT

Any development that provides for ultimately disturbing one or more acres of land or increasing impervious surface by 1/4 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. Projects undertaken by any government agency which otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MAJOR SITE PLAN

Any site plan not classified as a "minor site plan" or "exempt site development."

MAJOR SUBDIVISION

Any subdivision not classified as a "minor subdivision."

MAJOR SYSTEM

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.

MANUFACTURING

The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MARINE ACTIVITIES

Any facility or activity associated with fishing or boating, either for sport or for commercial gain.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MASSAGE PARLOR

Any establishment devoted to the providing of massage services to persons not in connection with any medical, osteopathic, chiropractic, prescribed therapeutic or athletic or calisthenic activities.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the City as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28 and including all subsequent amendments thereto.

MAYOR

The Mayor of the City of Northfield.

MEDIAN INCOME

The median income by household size for the applicable county, as adopted annually by the Department.

MENTALLY ILL PERSON

A person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.2 to such an extent that the person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.

METHADONE CLINIC

A business or commercial operation or functional equivalent thereof, and shall not be construed, for zoning purposes, as ancillary or adjunct to a doctor's professional office.

MINOR SITE PLAN
A development plan for one or more lots which are subject to development which:

A. Requires site plan approval; and

B. Meets the requirements set forth in § 215-62 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and

C. Meets the following conditions:

(1) The construction of drainage facilities is not required either on- or off-site.

(2) New building construction and/or building additions do not exceed 1,000 square feet of gross floor area.

(3) The proposed development does not increase parking requirements by more than three spaces, nor entail or propose the construction of a total of more than five parking spaces.

(4) The proposed development conforms to the floodplain management standards set forth in § 215-36 of this chapter.

(5) The proposed development conforms to the performance standards set forth in § 215-44 of this chapter.

(6) The proposed development will not require the issuance of a CAFRA permit.

(7) The proposed development does not involve planned development.

(8) The proposed development does not involve any new street or the extension of any existing street.

(9) The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be pro rated pursuant to N.J.S.A. 40:55D-42.

MINOR SUBDIVISION
A subdivision of land for the creation of not more than two lots plus the remainder of the original lot, provided such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, and provided that the municipal agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:

A. That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks.

B. That the subdivision does not require the extension of municipal facilities at the expense of the City.

C. That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.

D. That the subdivision will not adversely affect the development of the remainder of the parcel of the adjoining property.

E. That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).

F. That in the event a drainage fund has been established by the City of Northfield or Atlantic County, an assessment has been charged to the lots and has been paid.

G. That no portion of the lands involved have constituted a part of a minor subdivision within three years preceding the application.

MIXED-USE DEVELOPMENT

A structure or building that encompasses two or more different land uses, which shall be a retail or commercial component and a residential component, whereby any commercial use must be on the ground floor of said building or structure and the upper levels of the structure shall be the residential component and shall provide low- and moderate-income units, for sale or rental, in accordance with the requirements of the City's affordable housing ordinances and Housing Element and Fair Share Plan.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

MONOPOLE

A type of freestanding tower with a single shaft of wood, metal, concrete, or other substance and a platform or racks for antennas arrayed or attached thereto.

MOTEL; MOTOR COURT; MOTOR HOTEL

A hotel or attached rental units where each unit has individual entrances from the exterior of the building to each unit with convenient access to a parking space or parking spaces for the use of the unit's occupants, operated as a single business for the purpose of providing lodging to transient guests. An office unit must be provided in conjunction with the operation of a motel.

MOTOR VEHICLE SERVICE STATION

A. A building, premises or portions thereof that contain service bays with or without hydraulic lifts and which may or may not include facilities for changing tires, oil changes, greasing, front end alignment, installing shock absorbers, and/or washing or servicing such motor vehicles, except for facilities used for vehicles registered to the mercantile licensed or the owner of the mercantile license of the business premises; e.g., repairs to a vendor's own delivery vehicle; or

B. Facilities for the sale of motor vehicle fuel; or

C. Both Subsections A and B.

MULCHING

The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.

MULTIFAMILY BUILDING

Any building containing two or more dwelling units, including townhouses, within a lot. Dwelling units within multifamily buildings are classified as multifamily dwellings.

MUNICIPAL AGENCY

The Planning Board or City Council of the City of Northfield when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.

MUNICIPAL LAND USE LAW

N.J.S.A. 40:55D-1 et seq. (Chapter 291, Laws of New Jersey, 1975), as amended.

MUNICIPALITY

The City of Northfield.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

NONCONFORMING LOT

A lot the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 USE

A use or activity which was lawful prior to the adoption, revision, or amendment of this chapter, 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.

NONEXEMPT SALE

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.

NON-POINT SOURCE POLLUTION

Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

NURSERY SCHOOL

A school designed to provide daytime care of three or more children from two years of age to six years of age, inclusive, and operated on a regular basis.

NURSING HOME

An extended- or intermediate-care facility licensed or approved to provide full-time convalescent or chronic care for illness or infirmity to individuals who are unable to care for themselves.

OCCUPANCY

The specific purpose for which land or a building is used, designed or maintained.

OCCUPANCY PERMIT

Has the same meaning as "certificate of occupancy."

OFFICIAL COUNTY MAP

The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Atlantic County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

A map adopted by ordinance by the governing body pursuant to N.J.S.A. 40:55D-32 et seq.

OFF-SITE

Located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN PORCH OR STEPS

A porch or steps with a fixed roof no larger than six feet wide by four feet deep and with no side wall other than the wall of the structure to which it is attached.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and other improvements that are designed to be incidental to the natural openness of the land. Impervious surfaces within open space areas shall be limited to improvements associated with recreation and drainage facilities and underground utilities. Open space may include farmland set aside in perpetuity intended for the preservation of the farming use.

OPEN SPACE RATIO

A measure of the inverse intensity of land use. It is arrived at by dividing total amount of open space within the site by the site area.

OPEN SPACE, UNOCCUPIED

An unoccupied area, including natural and man-made watercourses, streams, lakes, ponds, and grassed, wooded or landscaped areas, open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrianways within an unoccupied open space area, which exceed four feet in width, shall be deducted in determining the unoccupied open space area.

OWNER

Any individual, family group, firm, association, syndicate, copartnership or corporation having proprietary interest in land which is the subject of a development proposal.

OWNER

The person, corporation or other entity with the fee title or long-term leasehold to develop any parcel of land within the City who or which desires to develop, construct, build, modify or erect a tower upon such parcel of land.

PARKING AREA

An open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.

PARKING AREA, PRIVATE

An open area for the parking of privately owned motor vehicles and not for public use.

PARKING AREA, PUBLIC

A paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free, or as an accommodation for clients or customers.

PARKING GARAGE

Has the same meaning as "garage, public."

PARKING SPACE

An off-street space provided for the parking of a motor vehicle, exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

PATIO

An area of land not used for receiving and storing material where the ground has been surfaced with construction material such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.

PEEP SHOW

Any establishment showing to patrons in private or semi-private viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the representation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.

PERFORMANCE GUARANTEE

Any security which may be accepted by the City, including cash, provided that the City shall not require more than 10% of the total performance guarantee in cash, in lieu of a requirement that certain improvements be made before the municipal agency approves an application for development.

PERSON

Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.

PERSONAL SERVICE

An act by which skills of one person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.

PLACE OF WORSHIP

A building or group of buildings, congregations, for public worship, including cathedrals, chapels, churches, meeting houses, mosques, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, and similar types of buildings.

PLANNED COMMERCIAL DEVELOPMENT

An area of minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential or other uses incidental to the predominant use as may be permitted by this chapter.

PLANNED DEVELOPMENT

Planned residential, commercial or industrial development.

PLANNING BOARD

The City of Northfield Planning Board established pursuant to N.J.S.A. 40:55D-23. The term "Planning Board" as used in this chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.

PLANNING BOARD ENGINEER

The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the City Engineer (with consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the City Engineer may assume the duties of the office.

PLAT

A map or maps of a subdivision or site plan.

PLAT, FINAL

The map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. "Final plat" shall also include and be synonymous with the term "final site plan."

PLAT, PRELIMINARY

The plat prepared and submitted to the approving authority as a part of the application for preliminary approval. "Preliminary plat" shall also include and be synonymous with the term "preliminary site plan."

PORTABLE HOME STORAGE UNITS (PODS)

A portable shed or storage container, storage unit, shed-like container or other portable structure that can or may be used for storage of personal property of any kind and which is located for such purposes outside an enclosed building, other than an accessory structure. "PODS®" is a brand container. "Portable Home Storage Units" and "PODS" are synonymous with the term "Portable On-Demand Storage."

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, 40:55D-48, and 40:55D-49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale, relationship to its site and immediate environs and exterior colors and finishes.

PREMISES

A lot or tract of land or any combination thereof held under a single ownership or control.

PRIMARY OR PRINCIPAL BUILDING

A building in which is conducted the primary or principal use of the lot.

PRIMARY OR PRINCIPAL USE

The primary or principal purpose for which a building, structure or lot is used.

PROFESSIONAL OFFICE

The office of a member of a recognized profession as hereinafter indicated when conducted on a residential property, which shall be conducted by a member or members of the residential family entirely within a residential building and shall include only the offices of doctors, ministers, architects, professional engineers, lawyers, real estate brokers and such similar professional occupations. The practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation shall not be deemed indicative of professional standing.

PROFESSIONAL OFFICE BUILDING

A building, the occupancy of which is limited to professionals such as doctors, dentists, ministers, architects, engineers, lawyers, real estate brokers, accountants, or such other similar professional occupations which may be so designated by the municipal agency upon finding that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for practice.

PROHIBITED USE

That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A. 40:55D-70D would be necessary in order to provide that use in that particular zone.

PROJECTING SIGN

A sign, other than a facade sign, suspended from or attached to a building or wall in a manner which is other than parallel to the building or wall, including a sign hung under a canopy.

PROVIDER

A company or other entity which provides wireless services via a local communications facility.

PUBLIC AREAS

A. Public parks, playgrounds, trails, paths and other recreational areas;
B. Other public open spaces;
C. Scenic and historic sites; and
D. Sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to the City, Board of Education, federal, state, or county agency, or other public body for recreation or conservation uses.

QUORUM

The majority of the full authorized membership of a municipal agency.

RADIOACTIVE USE

Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.

RANDOM SELECTION PROCESS

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).

REACH

A hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are influenced by a man-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach.

REAR LOT LINE
The lot line most distant and generally opposite and parallel to the front lot line. (See § 215-34C, D and E.)

RECHARGE

The replenishment of underground water reserves.

RECHARGE BASIN

A detention basin designed not only to relocate water gradually into a natural or man-made outlet, but also to percolate into the ground consistent with subsurface strata. Such basins are designed for sandy or gravel soil with little evidence of fines (soil that passes through a No. 200 sieve).

RECREATION AREA

Facilities and open space areas set aside, designed and/or improved, and used for recreational purposes, and may include, but shall not be limited to, playfields, playgrounds, swimming pools, tennis courts, and other court games, tot lots, parks, picnic areas, nature preserves, boating and fishing areas and facilities.

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RECREATIONAL VEHICLE

A vehicular-type portable structure without a permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by the Department's adopted Regional Income Limits published annually by the Department.

REHABILITATION

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

RENT

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.

REPLACEMENT TREE

A nursery-grown tree, properly balled, marked with a durable label indicating genus, species, and variety, and satisfying the standards established for nursery stock and installation thereof, set forth by the American Nursery and Landscape Association.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY, NET

The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for streets, easements and/or open space portions of a development.

RESOURCE PROTECTION AREA

Any natural area or feature containing natural resources protected by this chapter, where improvement and/or alteration may be restricted or prohibited or where conservation is required. Resource protection areas may include wooded areas, floodplains, natural drainage areas, watercourses, ponds, lakes, stream corridors, riparian lands, wetlands, marshland, wildlife habitats, archeological sites, and steep slopes.

RESTAURANT

Any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield or park operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

RESTAURANT, DRIVE-IN

An establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for take-out or consumption on the premises but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESTAURANT, FAST FOOD

An establishment that offers quick food service, accomplished through a limited menu, providing over-the-counter and/or drive-through service. This term is synonymous with the term "fast-food service establishment."

RESTRICTED UNIT

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 et seq., as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

RESUBDIVISION

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 to combine existing lots by deed or by other instrument.

RETAINING WALL

A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

RETENTION BASIN

A man-made or natural body of water of a depth of not less than four feet designed to contain water at all times, the level of which will be increased as a result of the flow into it of surface and subsurface water, collected therein and released gradually into natural or man-made outlets.

REVERSE FRONTAGE

A through lot which is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

REVETMENT

A facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.

ROOMING HOUSE

Has the same meaning as "boarding- or lodging house."

SAIL SIGN

An advertising sign composed of lightweight fabric or similar material that is mounted to a vertical pole, and resembles the shape of a boat sail. This type of sign does not require wind to stay open.

SCHOOL

Has the same meaning as "educational use."

SCIENTIFIC RESEARCH LABORATORY

A building or group of buildings in which activities are limited to experiment, testing, and other forms of research such as product design and development, provided that the use shall not include any processing or manufacturing except as may be incidental to the research or testing process. There shall be no commercial production of goods, materials, or any other substances for sale, except as may be produced by a small pilot facility necessary to the research activity.

SCREENING

Any concentration or grouping of trees or shrubbery as may be required by this chapter.

SECONDARY USE

Has the same meaning as "accessory use."

SEDIMENT

Solid material, both mineral and 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.

SEDIMENT BASIN

A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SELECTIVE CUTTING

The removal of larger trees on an individual basis while leaving trees of lesser size.

SERVICE ACCESS

That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises, to service the building erected for the use conducted thereon.

SETBACK

The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.

SETBACK LINE (BUILDING LINE)

The line beyond which a building shall not extend unless otherwise provided in this chapter.

SHOPPING CENTER

An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of 30,000 square feet.

SIDE LOT LINE
Any lot line other than a front or rear lot line. (See § 215-34C, D and E.)

SIGHT TRIANGLE

The triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street lines.

SIGN

A name, identification, description, display, illustration or any other device observable from out-of-doors, which is affixed to, pointed on, or represented directly or indirectly upon a building, structure, including motor vehicles or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business, regardless of whether such device is located indoors or outdoors. Lighting used to outline any part of a building shall not be deemed to be a sign if the lighting is used as an architectural treatment. However, a sign shall not include any display of official court or public office notices, any official traffic control device, nor any flag, badges, or insignia of any public, quasi-public, civic, charitable, or religious group.

SIGN AREA

The area defined by the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists. Where no frame or edge exists, the area shall be defined by a projected enclosed four-sided (straight lines) geometric shape which most closely outlines the sign.

SIGN, ADVERTISING

A sign off-site which directs attention to a business, commodity, or service conducted, sold or offered elsewhere than on the premises where the sign is located.

SIGN, BUSINESS

A sign which directs attention to a business or profession conducted on or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.

SIGN, FACADE

Any sign placed or inscribed upon the face of a building.

SIGN, FREESTANDING

Any sign supported by uprights or braces placed upon the ground and not attached to any building.

SILVICULTURE

The management of any wooded tract of land to ensure its continued survival and welfare, whether for commercial or noncommercial purpose, pursuant to a plan approved by the New Jersey Bureau of Forestry.

SITE

Any plot, parcel or parcels of land.

SITE PLAN
A development plan of one or more lots on which is shown:

A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways;

B. 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

C. Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.

SMALL WIND ENERGY SYSTEM

A wind energy system, as defined in § 215-27.1 of this chapter, that is used to generate electricity; and has a nameplate capacity of 10 kilowatts or less.

SOIL

All unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.

SOIL CONSERVATION DISTRICT

The Cape Atlantic Conservation District, a governmental subdivision of the state, which encompasses the City of Northfield and which was organized in accordance with the provisions of N.J.S.A. 4:24-2 et seq.

SOLAR ENERGY SYSTEM

A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.

SOLAR PANEL

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy or heat.

SOLID WASTE

Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.

SPECIFIED ANATOMICAL AREAS

A. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

A. Human genitals in a state of sexual stimulation or arousal.

B. Acts of human masturbation, sexual intercourse or sodomy.

C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

SPECIMEN TREE

Any tree of DPM of 18 inches or greater unless specifically exempted by the provisions of this article.

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

The classification of land uses and economic activities in the City of Northfield in accordance with the Standard Industrial Classification Manual prepared by the United States Office of Management and Budget dated 1972 and updated by supplements thereto.

STEEP SLOPES

Areas where the average slope exceeds 8%, which, because of this slope, are subject to high rates of stormwater runoff and erosion.

STORMWATER RETENTION

A facility or other means to control water runoff.

STORMWATER RUNOFF

Flow on the surface of the ground, resulting from precipitation.

STORY

That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A "split level" story shall be considered a secondary story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story and if less than two feet below the top plate, it shall be counted as a half-story, provided not more than 60% of the floor area is used for rooms, baths or toilets; otherwise, it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears to the entire floor area.

STORY, HALF

That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story. A basement shall also be included as a half-story.

STREAM CORRIDORS

Those areas which include the floodway and permanent channel of brooks and streams.

STREET

Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way which is an existing state, county or City roadway; or which is shown upon a plat hereto approved pursuant to law; or which is approved by official action as provided N.J.S.A. 40:55D-1 et seq.; 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 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. (Streets are classified by function and type by § 215-118.)

STREET LINE

The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curbline, or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the City of Northfield, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point 25 feet from the center line of the existing pavement.

STREET, IMPROVED

A street surfaced with an all-weather pavement which meets the criteria for street design and construction contained in § 215-118 of this chapter.

STREET, UNIMPROVED

A street that does not have an all-weather pavement in accordance with § 215-118, Street design and construction. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the even that the Construction Official or other City official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the City Engineer for his evaluation and written determination.

STRIPPING

Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.

STRUCTURAL ALTERATIONS

Has the same meaning as "alterations."

STRUCTURE

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 and including, among other things: display stands, fences and walls, gasoline pumps, gates and gate posts, mobile dwellings, outdoor bins, pagodas, platforms, pools, porches, reviewing stands, sales stands, signs, stadiums, staging, standpipes, tanks of any kind, tents, towers of any kind, including radio and television towers and antenna trellises. The word "structure" shall be construed as though followed by the words "or part thereof."

SUBDIVIDER

Any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

SUBDIVISION The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.

A. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

(1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;

(2) Divisions of property by testamentary or intestate provisions;

(3) Divisions of property upon court order, including, but not limited to, judgments of foreclosure;

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

(5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the development contained in this chapter and are shown and designated as separate lots, tracts, or parcels on the official tax map of the City.

B. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN COMMITTEE

A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and having such further duties relating to land subdivision or site plan as may be conferred on this Committee by the Board.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% 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. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or by the Northfield Bicentennial Committee.

SWIMMING POOL, COMMERCIAL

A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee, or operated as a service rendered by a hotel, motel, or apartment development whose units are rented to transient or permanent residents and having appropriate dressing room facilities, recreational facilities and off-street parking areas.

SWIMMING POOL, PRIVATE

A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.

SWIMMING POOL, PUBLIC

Has the same meaning as "swimming pool, commercial."

TELECOMMUNICATIONS FACILITIES

Any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:

A. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial.

B. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

TEMPORARY PRODUCE SALES STRUCTURES

A portable or semi-portable table, platform or structure from which fruits, vegetables, or similar agricultural products are intended to be sold at retail to passing motorists or pedestrians.

THINNING

The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.

TIDELANDS

Lands which are washed by tidal flows in accordance with the NJDEP Tideland Council maps which are on file with the NJDEP and City Clerk.

TOWER A self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operator's equipment such as that licensed by the FCC.

TOWNHOUSE

A dwelling unit having one or more common walls with adjoining dwellings in the same building which consist of one or more stories, and have two doorways which provide immediate entrance to and exit from the dwelling at ground level.

TRACT

An area of land consisting of one or more contiguous lots under single ownership or control, used for development or for a common purpose. "Tract" is interchangeable with the words "development area," "site" and "property."

TRACT AREA, GROSS

The total area of land, determined by a certified boundary survey, excluding any public rights-of-way and/or lands shown as part of another previously approved or designated permanent open space.

TRACT AREA, NET or NET TRACT AREA

The gross tract area less the total of any areas within the tract contained in:

A. Riparian lands, tidelands and tidal wetlands.

B. Wetlands and areas with shallow depth to water table.

C. The one-hundred-year floodplain.

D. Lakes and ponds.

E. Stream corridors and floodways.

TRAILER

A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.

TRANSCRIPT

A typed or printed verbatim record, or reproduction thereof, of the proceedings of the municipal agency.

TREES

Any deciduous or coniferous species which reaches a typical height of 12 feet or more, and has a typical DPM or four inches or greater at maturity.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

UNIFORM CONSTRUCTION CODE

The New Jersey Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.

USE

The specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

UTILITIES

Essential services including, but not limited to, sewers, water, electricity, natural gas, telephone and cable providers, regulated by the State of New Jersey or by the Federal Government.

UTILITY SHED

A type of accessory building used only for the storage of the owner's or occupant's personal property, excluding motor vehicles, and having a maximum square footage of 144 square feet.

VARIANCE

Permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b and N.J.S.A. 40:55D-70c and 40:55D-70d.

VERTICAL PARKING GARAGES

A multilevel structure constructed for use as a facility for vehicular parking or storage. The levels can be above grade or below grade, or both, but in no case shall exceed the maximum height limitation for the district in which the structure is located.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WALKWAY or SIDEWALK

A way for carrying pedestrian traffic and may be located within the right-of-way provided for a street, or may be located adjacent to a property line, between lots, and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.

WAREHOUSE

Any structure designed or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini, or other forms of commercial warehouse activities.

WEATHERIZATION

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.

WET SOILS and HIGH PERMEABILITY MOIST SOILS

Soils with a depth to seasonal high water table less than, or equal to, three feet (as delineated by the U.S. Natural Resources Conservation Service in a National Cooperative Soil Survey) unless the soils are loamy sand or coarser, in which case they are soils with a depth to seasonal high water table less than, or equal to, five feet. Wet soils found in the City of Northfield are Atsion (Ac.), Berryland (bp), Muck (mu), Pocomoke (Po), and Tidal Marsh (Td) as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service.

WETLANDS (NONTIDAL)

Areas known as marshes, swamps, or other saturated lowland, wherein standing water is retained for 24 or more consecutive hours and to which vegetation unique to such marshes, swamps, or wetlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey state wetlands or to wetlands as defined in accordance with the New Jersey Coastal Development Policies (N.J.A.C. 7:7D-1.0 et seq.) or by the U.S. Army Corps. of Engineers.

WETLANDS (TIDAL)

Areas known as marshes, swamps or other lowland subject to tidal action, or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one foot above local extreme high water and on which vegetation unique to tidal marshes, swamps or lowlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey state wetlands in accordance with the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.; to wetlands defined in accordance with the New Jersey Coastal Development Policies, N.J.A.C. 7:7D-1.0 et seq.; or by the U.S. Army Corps of Engineers.

WIND ENERGY SYSTEM

A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

WIND TURBINE

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.

WINDLESS FLAG SIGN

Another name for sail sign, feather sign, feather flag or feather banner; this type of sign does not require wind to stay open.

WOODED ACRES PERMITTED FOR DEVELOPMENT

The wooded lands within a lot or tract which are not specifically excluded by any federal, state, county or City law or ordinance, deed restriction or covenant running with the land. For purposes of this article, those lands specifically eliminated from consideration as wooded acres permitted for development include, but are not limited to, wetlands as defined by N.J.S.A. 13:9B-1 et seq. Exceptions for extreme hardships may be made by the Planning Board at its discretion.

WOODED AREA

Any area within a tract covered by trees, woods or forests, including closely grouped or stands of 10 or more mature or specimen trees of six-inch caliper or greater; or individual shade and specimen trees of twelve-inch caliper or greater, or individual ornamental trees of four-inch caliper or greater.

YARD

An open space which lies between a principal building or building group, for the full length of the lot and the nearest lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. All yards will be identified as either "front yard," "side yard," or "rear yard."

YARD, FRONT

A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The depth of the front yard shall be measured at right angles to the front line of the lot.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.

YARD, SIDE

An open, unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.

ZONE or ZONING DISTRICT

Any part of territory of the City of Northfield which is designated as a zone or zoning district on the Official Zoning Map on file with the City Clerk and to which certain uniform regulations and requirements of this chapter apply.

ZONING OFFICER

The official of Northfield designated to enforce the provisions of this chapter. The Zoning Officer shall also be the administrative officer in matters pertaining to §§ 215-9A and B, 215-44A(4), B, 215-47, 215-58 and 215-106H.

ZONING PERMIT

Has the same meaning as "development permit."

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City of Northfield, NJ

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