A subordinate use or structure, the purpose of which is incidental to that of a principal use on the same lot.

The Township Planner for matters under the jurisdiction of the Planning Board or the Zoning Board of Adjustment; and the Township Clerk for matters under the jurisdiction of the governing body. The Zoning Officer, the Township Engineer and the Township Planner are authorized to perform any function of the Administrative Officer that is set forth in this chapter or is otherwise provided for under the provisions of the Municipal Land Use Law.

A nonresidential facility maintained for the care, development and/or supervision of persons age 18 or older.

The Township Planner of the Township of Toms River, and other municipal official(s) and/or designee(s) appointed or contracted by the Township Council of the Township of Toms River to administer the compliance and/or implementation of the Township's affordable housing plan. This term shall apply to the designated Municipal Housing Liaison and to the designated administrative agent.

A multifamily residential development created to provide housing opportunities for low-income and moderate-income senior citizens. At least one member of the household which qualifies for the low-income or moderate-income status must be at least 55 years of age or older.

The same as "dwelling unit."

An establishment licensed by the Alcoholic Beverage Commission, also known as a "craft distillery," that produces small quantities of beverage-grade spirit alcohol in single batches.

An attic under a sloped roof that has a fixed and permanent stairway as a means of providing access and egress to and from a common hallway of the floor below and which the ceiling area at a minimum height of seven feet above the attic floor is not more than 1/3 the area of the next floor below. No habitable attic above a second usable floor level from finished grade shall be used as a bedroom, as defined herein.

Any premises on which are held, at periodic times, auction sales of merchandise or any other personal property.

The statistically inferred structural attributes of a vegetative group, as described by the mean trees per acre, mean DBH and height, for each species of tree occurring in sampling and extrapolated to a per-acre basis.

The cross-sectional area of tree trunk in square inches, measured on living trees only and at 4.5 feet above uphill grade (i.e., at DBH). This is a measure that describes attributes of a single tree, a group of trees, or all of the trees in an area.

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

A space partly underground and having one-half or more of its floor to ceiling height above the average level of the finished grade as measured along the perimeter of the building. See the definition of "story."

An owner-occupied establishment where guest rooms are provided to paying guests for a limited tenure stay and where such limited tenure stay may include breakfast or other meals.

Any enclosed room of 70 square feet or greater within a residential dwelling containing a closet and egress approvable under the Uniform Construction Code for sleeping purposes.

Any building with two or more rooms designed and intended for single room occupancy in which more than two persons are housed or lodged, with or without meals. Any hotel or motel in which more than 15% of the guest rooms are occupied by persons for longer than 90 days shall also be considered a rooming house.

Any waterfront facility where docking accommodations and/or land-dry-storage accommodations for any watercraft, such as powerboats, sailboats or rowboats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, fuel sales and rental business activities related to the primary use.

An establishment licensed by the Alcoholic Beverage Commission as a restaurant wherein the service of alcoholic beverages is restricted to that which is produced on site in accordance with the issued license.

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

In non-flood zones, 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, except that where there is a roof deck with a railing, the height would be measured to the top of the ridge of a pitched roof on the same level as the roof deck, or to the top of a railing surrounding roof deck on a roof that is flat over the entire floor below; to the mean height level (between the ridge and the plate) of the uppermost roof for gable and hipped roofs; and to the deckline for mansard roofs. In flood zones, as established by the appropriate federal or state agency, the vertical distance from the one-hundred-year base flood elevation to the same roof points.

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

A permit issued for the alteration or erection of a building or structure in accordance with the provisions of Chapter 252, Construction Codes, Uniform, of the Code of the Township of Toms River.

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

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.

Those areas within boundaries accepted by the Department of Environmental Protection in accordance with the State Development and Redevelopment Plan, pursuant to N.J.A.C. 7:8E-5B.

The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

The diameter measurement of a tree measured at 12 inches above ground level.

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.

A space wholly or partly underground and having 1/2 or more of its floor to ceiling height below the average level of the finished grade as measured along the perimeter of the building. See the definition of "story."

A document issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.

A certificate issued by the Administrative Officer, in accordance with the provisions of N.J.S.A. 40:55D-68, for a use or structure which is not in conformance with the provisions of this chapter.

A certificate issued upon completion of construction and/or alteration of any building or the change in occupancy of a commercial or industrial building. The certificate shall acknowledge compliance with all requirements of this chapter, such variances or design waivers thereto granted by the Zoning Board of Adjustment or Planning Board, and/or all other applicable requirements.

A nonresidential facility, licensed by the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq., maintained for the care, development or supervision of children.

A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples, synagogues (including shuls), mosques and other similar designations, as well as parish houses, convents, and related accessory uses. Schools shall not be considered customary accessory buildings to a church or place of worship. A building that was designed and intended as a residential dwelling shall not be deemed a place of worship unless it is altered, modified or arranged for use in accordance with the Uniform Construction Code and open to the general public for worship on a regular basis.

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

A building or buildings designed and/or used for the treatment of nonresident patients operated by or in conjunction with a medical school, hospital, health maintenance organization, insurance company, or by a business for its employees and their families.

The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental, and greenhouse products.

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

The unilateral placement or recording of a deed restriction or conservation easement by a property owner which is not part of an approved plan for development approved by the Township Planning Board or Zoning Board of Adjustment.

This term is to be read with the same meaning as "building permit."

A mobile trailer, container or modular unit temporarily located at a construction site and utilized for storage, office or warehousing purposes, but not as a sales trailer.

A parcel of land developed as a comprehensive and integrated system providing housing and services for extended durations combining independent living accommodations and other housing types, including health care beds, and including the provision of recreational, social, health care, and dietary, as well as security services intended for the age-eligible residents and other users of such a facility or development and their guests.

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

A lot fronting on two or more streets at their intersection.

A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased.

The measurement of an area, expressed as a percentage of the total lot area, by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the facades, including without limitation the area under the roof of any structure not having walls, as measured to the supporting columns, pillars, or posts in the same manner and under the same terms as if the supporting elements were building facades.

The area of a lot covered by all impervious surfaces, expressed as a percentage of lot area.

All of the living branches, twigs and foliage of a tree after the first bifurcation from the main trunk or trunks.

A facility designed to provide daytime care for children age six and under.

Calendar days.

A flat surface capable of supporting weight similar to a floor, constructed outdoors and elevated from the ground.

The height of a deck measured to the top of the highest attached structure, including deck railing and any built-in accessory, such as furniture, fireplace, outdoor kitchen, or similar permanent structures. Any roofed or covered structure, including covered decks, pergolas, outdoor showers, etc., shall be considered either accessory buildings if detached, or part of the principal building if attached, and shall meet the applicable height requirements of the zone.

The New Jersey Department of Environmental Protection, unless otherwise set forth herein.

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design, and preparation of drawings and specifications.

A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

A plan submitted by the developer and approved by the Township's Affordable Housing Administrator, which shall identify the manner in which the developer plans to develop, price, market, and restrict the low-income and moderate-income dwelling units in accordance with this article.

Money paid by an individual, person, partnership, association, company, or corporation for the improvement of property, as set forth in Article XI and as permitted pursuant to N.J.A.C. 5:92.18 et seq. Development fees are to be used to assist in the provision of affordable housing.

The diameter of a tree measured at a point on the tree 4.5 feet from the uphill ground level. This phrase may appear in this chapter as the abbreviation "DBH" or "dbh."

Any part of the territory of the Township of Toms River which is designated on the Township Zoning Map and to which certain uniform regulations and requirements of this chapter apply.

The same as "restaurant, drive-in."

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

The right of the Township, county, state, sewerage authority or other public or quasi-public agency or 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.

Public (including charter), parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.

The Township Engineer, Planning Board Engineer, Zoning Board of Adjustment Engineer, or other appointed board engineers.

An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitats of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the New Jersey Department of Environmental Protection's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

The value of the property determined by the Municipal Tax Assessor through the process designed to ensure that all property in the Township is assessed at the same assessment ratio or ratios required by law. Estimates at the time of the building permit may be obtained by the Tax Assessor utilizing estimates for construction costs. Final equalized assessed value will be determined at unit/project completion by the Municipal Tax Assessor.

The primary activity, under one proprietorship, of a parcel or building or a section thereof.

Site plan and/or subdivision approval shall not be required for the following:

Includes the transfer of ownership between husband and wife and transfers of ownership between former spouses as a result of a judicial decree of divorce or a 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 executors deed to a Class A beneficiary; and a transfer of ownership by court order.

The unrestricted price of a low-income or moderate-income housing unit if sold at a current real estate market rate.

One or more persons living together as a single entity, household 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.

An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads, and certain farm buildings and other enclosures related to agricultural pursuits.

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 is necessary to the operation of a farm.

A commercial business or cooperative gathering primarily for the display and sale of locally grown produce.

An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.

A fence in which a minimum percentage of the area between grade level and the top cross member (wire, wood or other material) is open. For example, a picket fence where the space between two pickets is twice as wide as the picket would be 66% open and a picket fence where the picket width equals the width of the space between the pickets would be 50% open.

The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board or Zoning Board of Adjustment for final approval in accordance with the provisions of this chapter.

The sum, measured in square feet, of the gross horizontal areas of the floor or several floors of a building measured between the inside faces of exterior walls, or from the center line of walls common to two dwelling units or uses. For nonresidential uses, "floor areas" shall include all habitable floors.

The sum of the gross habitable floor area of all floors of buildings compared to the total area of the lot.

A formal forest and natural resource management plan that meets the requirements of such plans as described by the New Jersey Department of Environmental Protection, Division of Parks and Forestry-Forest Service.

Any foundation consisting of nonmortared blocks, wheels, a concrete slab, runners, or any combination thereof, or any other system approved by the Commissioner of the New Jersey Department of Community Affairs for the installation and anchorage of a manufactured home on other than a permanent foundation.

A system of support installed either partially or entirely below grade, which is:

A building or structure intended or suitable for the storage of motor vehicles.

A garage conducted as a business. The rental of storage space for more than two motor vehicles not owned on the premises shall be deemed a "public garage."

The same as "motor vehicle service station."

An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental to the operation of the golf course.

The Township Council of the Township of Toms River.

The same as "finished grade."

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

The same as "floor area."

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 height above the finished floor of seven feet or greater, but not including any cellar or any garage space, breezeway, or floors that lie below base flood elevation in areas that are subject to flooding, or accessory building space. A basement shall be included in gross habitable floor area as long as it is not located in an area that is subject to flooding.

A community residence or other domicile where adult individuals with disabilities live in a single-family dwelling with or without supervision and support services, including self-run, self-supported recovery homes. A group home shall be deemed a single-family use if determined to be of a type that is covered under the Federal Fair Housing Act (42 United States Code §§ 3601 to 3619 and 3631).

Any public or private establishment other than a foster home that provides board, lodging, care and treatment services on a twenty-four-hour basis to 12 or fewer children pursuant to N.J.A.C. 10:128-1.2. A child group home or foster care home shall be deemed to be a single-family use.

The same as "gross habitable floor area."

A residential substance use disorders treatment facility licensed under N.J.A.C. 10:161A-1.3, operating in a physically separate location, in which the halfway house treatment is programmatically separate and distinct from short-term substance use disorders residential services or long-term substance use disorders residential services. For purposes of this chapter "halfway house" shall not include a residential facility for prerelease or reentry programs for incarcerated persons (see "reentry residential 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 general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, halfway house or other facility for the care or treatment of substance use disorders, bioanalytical laboratory (except as specifically excluded hereunder), or central services facility with one or more such institutions, but excluding institutions that provide healing solely by prayer, and institutions defined as "residential health care facilities," as defined herein, and excluding such bioanalytical laboratories as are independently owned and operated which 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 in which solicit or accept specimens and operate predominantly in interstate commerce.

A landing place for helicopters.

Any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. Home occupations may include but are not limited to such activities as dressmaking, millinery, watchmaking, electrical and radio repair and carpentry. The retail sale of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed hereunder to be a home occupation. A business conducted from the dwelling by the resident household shall be permitted in all zoning districts and shall not be regulated as a home occupation if it meets the following criteria:

Any professional office conducted entirely within the dwelling or accessory building to the dwelling which is the bona fide residence of the practitioner.

A building or series of 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 buildings such related facilities as laboratories, out-patient 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.

A building which contains 10 or more units of dwelling space and which is kept, used, maintained, advertised as, or held out to be a place where sleeping or dwelling accommodations are available to transient guests. For purposes of this chapter, a minimum of 85% of the guest rooms must be devoted to guests of limited tenure (a stay at the establishment of less than 90 days, regardless of the number of guest rooms used by the guest).

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water, including but not limited to asphalt, pavers, concrete, buildings, and hard gravel. Pools, spas and man-made ponds are exempt.

A housing development in which at least 20% of the housing units are reserved for low-income and moderate-income households.

A permanent structure containing facilities for recreational activities such as tennis, platform games, swimming, exercise rooms, handball and similar activities.

A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased.

The process by which water seeps into the soil from precipitation.

A school designed to provide instruction in a limited area of vocational, artistic, recreational or business purposes, including but not limited to art, dancing, music, gymnastics, martial arts and/or computer/secretarial skills.

A lot bounded by a street on one side only.

Any lot or portion thereof used for the storage, keeping or abandonment of junk, including scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment or machinery or parts thereof. The term "junkyard," as herein defined, includes automobile wrecking yards. Any person, firm or corporation who shall permit the storage or keeping of more than one inoperative or abandoned vehicle, items of equipment, machinery or parts thereof, except as may be part of an allowed use of the premises, shall be deemed to be operating a "junkyard." Also see Chapter 344 of the Code of the Township of Toms River.

Any tree with a diameter at breast height of 16 inches or greater, or other individual tree of unique scientific, historic, cultural or ecological value. Exceptions will be made based on species, health or conditions as determined by the Township Forester. A landmark tree is an historic resource, and must be designated as such and placed on a list by the Township Forester.

A person licensed by the State of New Jersey in the field of landscape architecture.

A person who has completed the education and testing requirements to be licensed and recognized as such by the state of New Jersey DEP, Division of Parks and Forestry - Board of Tree Experts.

The 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 no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

All animals kept or raised for profit-making purposes, including but not limited to animals raised for slaughter or sale, animals kept for breeding, chickens kept for laying eggs, work animals and animals kept for producing dairy products.

An off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.

A facility or institution, whether public or private, engaged principally in providing shelter, health maintenance and monitoring services. Provided are living units which may be of independent, semi-independent or health care bed types, as well as variable levels of personal assistance, recreational, social, dietary and health care services. Included within this category are congregate care housing, assisted living facilities, multilevel facilities, extended care facilities, skilled nursing homes, nursing homes and intermediate care facilities.

The area of a lot contained within the lot lines of the property. Any portion of the lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area. Portions of lots below the mean high-water line shall not be considered in any lot area, frontage, width, depth, or yard area calculation.

The mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines; 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, each side lot line shall be considered a rear lot line for the purpose of determining lot depth only.

The length of the front lot line measured along the street line. Each abutting street shall be considered separately in the calculation of lot frontage.

Any line designating the extent or boundary of a lot. As applied to corner lots, see the provisions of § 348-5.6.

The shortest distance between the side lot lines measured at the required minimum front setback line. On corner lots, each front lot line shall be considered a side lot line for the purpose of determining lot width.

Housing affordable and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households the same size within the housing region in which the house is located in and subject to affordability controls as promulgated by the State of New Jersey.

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

A unit of housing which:

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.

Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition: motor vehicle parking facilities; sanitary facilities; motor fuel sales; and boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental of two or more berthing spaces to other than the residents of the property contiguous to same shall be deemed to constitute a marina, and same shall conform to all provisions of this chapter pertaining to marinas.

An establishment licensed by the Alcoholic Beverage Commission to produce not more than 15,000 barrels of beer on an annual basis.

A commercial facility which primarily provides storage space accommodations within enclosed building(s) for use by the public, including businesses, on a rental basis. The facility may contain one dwelling unit only for the sole occupancy by the caretaker of the facility and may include areas reserved for the storage of operable, registered and insured motor driven vehicles, displaying Department of Motor Vehicles (DMV) plates, including boats and trailers. For the purpose of this chapter, the storage of bulk goods and materials used in the fabrication, assembly, processing or manufacturing, including hazardous, toxic and corrosive materials, will not be considered mini warehousing.

Cumulative removal of more than 1,500 cubic yards of material from any site, which removal is not in conjunction with a site plan or subdivision approved by the appropriate municipal, county and state agencies.

A development for which site plan approval is required and which meets the following conditions:

Any subdivision resulting in not more than four lots plus the remainder of the original lot, all lots fronting on an existing improved street and not involving any new street or road, provided that the following conditions have been met:

A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its use as a residence, office, business or for storage. This term shall also include trailers, automobile trailers, house trailers and trailer coaches used as offices, residences or accessory structures for storage purposes for both residential and nonresidential uses, excepting therefrom travel trailers, which are under eight feet in width and under 28 feet in length, and which are not used for purposes of day-to-day habitation.

A parcel of land, or two or more contiguous parcels of land, containing no fewer than 10 sites equipped for the installation of manufactured homes, where these sites are under common ownership and control, other than as a cooperative, for the purpose of leasing each site to the owner of a manufactured home for the installation thereof, and where the owner or owners provide services, which are provided by the municipality in which the park is located for the property owners outside the park, which services may include but shall not be limited to:

Housing affordable and occupied or reserved for occupancy by households with a gross household income of more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability controls, as promulgated by the State of New Jersey.

A hotel where each unit has convenient access to a parking space or parking spaces for the use of the unit's occupants. For purposes of this chapter, a minimum of 85% of the guest rooms must be devoted to guests of limited tenure (a stay at the establishment of less than 90 days, regardless of the number of guest rooms used by the guest).

A building or portion of a building in which auto body work or the overhauling or replacement of engines or major components is conducted as a business for profit. Such uses may include those uses set forth in the definition of motor vehicle service stations.

Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including sale of motor vehicle accessories. Such use may include facilities for lubricating, washing, or servicing of motor vehicles. Such use shall not include any auto body work of any nature.

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Toms River or other public body, and is designed and used for collecting and conveying stormwater.

A small microbrewery licensed by the Alcoholic Beverage Commission (see definition of "microbrewery").

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

A structure or building in which there will be no persons residing/living for a continuous period of habitating in a nontransient manner.

A place where trees, shrubs, vines and ornamental plants are propagated and/or grown for gain.

A school designed to provide daytime care or instruction of two or more children age six and under.

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

A business establishment, including but not limited to offices of insurance agents, mortgage brokers, title agents or travel agents, which does not offer a product or merchandise for sale to the public, but which offers a service to the public. Personal services are not to be included within the definition of "office, business."

An office that offers a service to the public and shall include: 1) medical professional services such as physicians, dentists, optometrists, podiatrists, and chiropractors; 2) licensed professional services such as attorneys, engineers, landscape architects, architects, land surveyors and accountants; and 3) service providers where the customer is primarily served outside the office, such as ministers, home health care, and real estate services. Personal services are not to be included within the definition of "office, professional." (Also see "office, business.")

An unenclosed outdoor dining area operated on a seasonal basis by a restaurant on the same lot occupied by the restaurant.

An unenclosed, temporary outdoor seating area operated by an adjoining eating or drinking establishment, and meeting the standards set forth in § 348-5.45.

An open area, other than a street, intended for the same use as a private garage.

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

An off-street space provided for the parking of a motor vehicle.

Any individual, firm, company, partnership, association, corporation, limited-liability company, or developer other than the Township, the County of Ocean, and the State of New Jersey.

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Personal service providers include dry cleaners, tailors, shoe repair, barber shops, nail salons, beauty shops, computer repair, appliance repair, and similar uses that do not involve retail sales.

An area of land containing dwellings and recreational, cultural, and medical facilities, and services for the benefit of the permanent residents who are persons 55 years of age or over.

A licensed New Jersey professional engineer retained by the Planning Board, or assigned by the Township Engineer with the 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 Township Engineer may assume the duties of the office.

Any trailer, container, storage unit or portable structure (commonly known as PODS®) with or without wheels designed to be used for short-term storage of tangible property and not for occupancy by persons, and without a foundation.

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

The average setback of buildings within 200 feet on the same side of the street. In making this calculation, at least 15% of the buildings that are closest to the street line shall be eliminated from the basis for calculating the average, and up to 15% of the buildings that are farthest from the street line shall be eliminated from the basis as well.

The difference between the controlled unit sale price and the fair market value as determined at the date of the proposed contract sale after reasonable real estate broker fees have been paid.

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

A use that is not specifically allowed or permitted in a particular zone.

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

An area of land designated by resolution of the Township Council as an Area In Need of Redevelopment pursuant to N.J.S.A. 40A:12A-5.

A plan for the redevelopment or rehabilitation of a redevelopment area or rehabilitation area, adopted by Township Council pursuant to N.J.S.A. 40A:12A-7.

A residential facility operated by or under the jurisdiction of the New Jersey Department of Corrections for the purpose of housing persons about to be released from serving a term of incarceration.

An area of land designated by resolution of the Township Council as an Area In Need of Rehabilitation pursuant to N.J.S.A. 40A:12A-14.

Obligation of a seller exercising the repayment option to pay 95% of the price differential to a municipality at closing for use within the municipal housing plan.

The option of a seller of a low- or moderate-income unit to sell a unit pursuant to N.J.A.C. 5:93-12.7 at a fair market value subject to compliance with the terms of the repayment clause.

A nursery-grown tree, either balled and burlapped or containerized, and marked with a durable label indicating genus, species and variety having a minimum caliper of 2 1/2 inches for nonconiferous trees and a minimum height of eight feet for conifers. Every replacement tree shall, at a minimum, comply with ANSI Standard Z60.1-1996, American Standard for Nursery Stock.

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

An establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for takeout 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. This term also includes an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.

An establishment at which food is sold either for consumption on the premises by patrons seated within an enclosed building, and/or for the ordering and pickup of food directly from a vehicle using a drive-through lane.

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.

The land and vegetation within and adjacent to a regulated water as described and defined at N.J.A.C. 7:13-4.1.

As applied to multifamily dwellings as may be permitted by this chapter, includes living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating, and dining areas in which one full wall is open into a living room area shall be counted as 1/2 room. Bathrooms shall not count as rooms.

The same as "boardinghouse."

A mobile trailer or modular unit temporarily located at a construction site and utilized as a sales or rental center and open to the general public. A sales trailer may be used in part as a construction trailer.

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

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

The removal of certain, often larger, trees on an individual basis while leaving other trees, possibly of lesser size, for future silvicultural harvest.

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 or the use conducted thereon.

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 or structure is closest to such lot lines.

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

An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, and restaurants, 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 20,000 square feet. Medical professional uses, while permitted in a shopping center, shall be considered separately in the determination of off-street parking requirements in accordance with the standards set forth in § 348-8.20.

A visual communication that is used for the purpose of bringing the subject thereof to the attention of others. The term does not include buildings themselves, traffic signs or other official messages displayed within the public right-of-way. "Signs" include letters, numbers, symbols, trademarks, illustrations or designs as they may appear on signs, billboards, banners, buildings, marquees, canopies and other stationary visual media on or off the premises of the activity to which the message pertains. A sign may also be described as a street graphic.

The scientifically based management of any forested tract of land, to insure its continued persistence, productivity and health whether for commercial or noncommercial purposes, pursuant to a current forest stewardship plan approved by the State of New Jersey Department OF Environmental Protection, Division of Parks and Forestry - Forest Service.

The debris, derived from the aboveground portions of trees, that remains on site after a tree or timber removal operation.

All unconsolidated mineral and organic material of any origin.

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

That portion of a building included between the surface of any floor and the surface of that floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. A floor shall be counted as a story if the headroom that is at least seven feet above finished floor covers over 1/3 of the area of the floor next below it. A basement shall be considered a story unless the finished floor of the basement lies below base flood elevation in areas that are subject to flooding.

The adopted Traffic Circulation Plan Element of the Toms River Master Plan identifies street classification, which serves as the basis for street improvement standards for properties that abut or include such streets.

That line determining the limit of the highway rights of the public, either existing or contemplated.

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

Any reconstruction, rehabilitation, addition or other improvement to a building, the cost of which equals or exceeds 50% of the market value of the building before the start of construction of the improvement.

Any structure which has the capacity to contain water over 24 inches in depth and which is used or intended to be used for swimming or recreational bathing in connection with a single-family residential dwelling and which is available only to the family and guests of the householder. This includes in-ground, aboveground and on-ground swimming pools as well as hot tubs and spas.

Any swimming pool, spa or hot tub which does not meet the definition of private swimming pool.

A structure designed and used for the presentation of motion pictures or stage entertainment.

A flood hazard area which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

The duly appointed Township Engineer for the Township of Toms River or his designee.

An employee, or other designee or agent, of the Township of Toms River who is an individual who is currently classified both as an approved consulting forester and a licensed tree expert (LTE) by the State of New Jersey DEP, Division of Parks and Forestry - Forest Service.

Any woody species which reaches a typical mature height of 25 feet and a typical mature DBH of four inches or greater.

The written plan required and described in Article XII of this chapter, and containing the proposed methods and procedures to be employed in conjunction with a tree preservation, removal or replacement project.

A fence as described in Article XII of this chapter, installed for the primary purpose of delineating the tree protection zone of a tree to be retained during a disturbance event.

An area at the base of the tree, and usually predicated on tree size, that will be delineated by a tree protection fence and held inviolate during planned disturbances including but not limited to construction, excavation, compaction, etc.

A permit to remove trees issued by the Township Engineer after review and approval of an application for removal and replacement of trees in accordance with the provisions of this chapter. Tree removal permits shall be issued only after approval of a tree management plan.

A location at which trucks are parked or privately serviced, which trucks transport goods or materials not produced, received for sale, warehoused or used in manufacturing at that location.

The receipt of any temporary or final certificate of occupancy or final certificate of use.

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

Previously developed portions of areas:

Any floor or level of a building counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building and that contains gross habitable floor area as defined in this section.

The specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained.

An open area used primarily for the storage and sale of operative new or used motor vehicles.

Permission to depart from the literal requirements of a zoning ordinance pursuant to §§ 47 and 29.2b, 57c and 57d of P.L. 1975, c. 291.[1] Those sections, paragraphs and/or subsections within Article V, entitled "General Provisions," and Article VIII, entitled "Design Standards and Improvement Specifications," identified by an asterisk are considered to be variances pursuant to the above sections.

A plant community that, based on species abundances and physical characteristics, is dissimilar from adjacent plant communities.

A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use, and such boarding is entirely inside a building. This definition shall not include animal boarding, outside pens or kennels, experimental laboratories, or animal breeding.

The ocean and its estuaries, all springs, streams, rivers, wetlands, and bodies of surface- or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

Terms used in § 348-9.31 are defined as follows:

An open unoccupied space on the same lot with a building and unobstructed from the ground to the sky. See the provisions of § 348-5.6 for the classification of yards on corner lots.

A yard extending the full width of the lot and not less in depth than the minimum distance between the street line and the required front yard building setback in each district.

A yard extending the full width of the lot between the extreme rear line of the principal building and the rear lot line.

A yard between the principal building and the nearest side line of the lot and extending from the required front yard to the rear yard.

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