As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTThe relinquishment of property, or cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.
ACCESSORY APARTMENTA dwelling unit with a separate means of ingress and egress containing separate kitchen, bathroom, and sleeping facilities, that is physically attached to or contained within an existing single-family house.
ACCESSORY DWELLINGAn additional dwelling unit located on the same lot and having an independent means of access.
ACCESSORY STRUCTUREA structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
ACCESSORY USEA use of land or of a building or a portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
ACT OF GODAn unintentional hazard event (usually, but not necessarily a natural event) that is no fault of the owner of the property damaged or destroyed by the hazard event.
ADDITIONA. A structure added to the original structure at some time after the completion of the original;
B. An extension or increase in floor area, height, or volume of a building or structure.
ADMINISTRATIVE OFFICERThe Clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.
ALLEYA service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONAny change or rearrangement in supporting members of an existing building, such as bearing walls, columns, beams, girders, ceilings, or interior partitions, as well as any change in doors, windows, or means of ingress or egress; or the addition of heat to any unconditioned building, or any enlargement to or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another.
APARTMENTA room or suite of rooms, including complete kitchen facilities, toilet, bathing and washing facilities, and living space that is designed or intended to be used as a single dwelling unit. The dwelling unit may be individually owned or all dwelling units in a building may be commonly owned and rented. If owned individually, the building common areas and facilities shall be owned by all the owners on a proportional undivided basis.
APPLICANTAny person, firm, partnership, corporation, or public agency submitting an application for development.
APPLICATION FOR DEVELOPMENTThe application form and accompanying documents and exhibits required of an applicant by an approving authority for development review and approval purposes.
APPROVED PLANA plan that has been granted final approval by the appropriate approving authority.
APPROVING AUTHORITYThe Land Use Board of the Borough of Bradley Beach, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
AS-BUILT PLANSAccurate and precise drawings of post-construction site features and characteristics, including all buildings, structures, infrastructure, boundaries, and natural features.
ASSOCIATIONThat person or persons to whom townhouse lots and structures are conveyed and those that will by formal agreement as between them form an association together with the owner or developer for the purpose of the preservation and maintenance of the common lands and/or facilities heretofore defined.
AWNINGA roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
BAFFLEAny deflector device used to change the direction or the flow of water, sewage, products of combustion, sound waves, air, or illumination.
BALCONYAn exterior covered or uncovered platform structure, enclosed by a railing, that sits within the footprint of the first or second floor of the dwelling below. A balcony cannot be over the footprint of a porch. No balcony floor is allowed above the highest story or half-story walking surface elevation.
BARBECUE STRUCTUREAn uncovered structure consisting of an outdoor cooking surface such as a grill or stove including countertops and cabinets that is permanently affixed to the ground.
BASEMENTA space having no more than 1/2 of its floor-to-ceiling height above the average level of the adjoining finished grade and with a floor-to-ceiling height of not less than seven feet.
BED AND BREAKFASTAn owner-occupied facility providing sleeping or dwelling accommodations and a morning meal to transient guests for compensation.
BEDROOMA private room of at least 70 square feet, planned and intended for sleeping, including a closet, a window, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.
BLOCKThe area bounded by one or more streets or a municipal boundary as shown on the Borough Tax Map and being of sufficient size to accommodate a lot or lots of the size required by Chapter
450, Zoning.
BOARDINGHOUSEA rooming house in which meals are served, excluding hotels.
BUFFERA landscaped area designed to act as a visual screen between a potentially unsightly or otherwise undesirable or incompatible use and adjacent properties.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind and intended for the use in one place.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building, accessory buildings, and other roofed areas and overhangs, but excluding uncovered porches, terraces, patios, decks and steps at height less than the highest first finished floor.
BUILDING EAVE HEIGHTThe vertical distance from adjacent grade to the lowest point of the roof, or a point 24 inches offset from the facade of the building, whichever is higher.
BUILDING HEIGHTThe vertical distance measured from the average finished grade surrounding the building to the highest point of the roof. Unnatural and/or structural alterations to the topography of a property to achieve a greater peak elevation of a structure shall not be permitted.
BUILDING LINEA line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected exterior surface of the building. All yard requirements are measured to the building line.
BUILDING OR STRUCTURE, NONCONFORMINGA structure or building, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning ordinance.
BUILDING, PRINCIPALA building in which is conducted the main or principal use of the site on which it is situated.
BULK REGULATIONSStandards applying to individual lots that control the placement, intensity, and character of development and include the amount of open space on the lot, the height of structures, setbacks from property lines and public rights-of-way, impervious coverage, floor area ratio, and density.
CANNABIS CULTIVATORAny 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 DISTRIBUTORAny 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 MANUFACTURERAny 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 RETAILERAny 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.
CANNABIS WHOLESALERAny 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.
CELLARA space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground and has a floor-to-ceiling height of less than seven feet.
CHANNELA watercourse with a definite bed and banks that confine and conduct continuously or intermittently flowing water.
CIRCULATIONSystems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
COMMON OPEN SPACEOpen space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPLETE APPLICATIONAn application for development completed as specified by ordinance and the rules and regulations of the approving authority and the provisions of all required documents.
CONCEPT PLANA schematic or conceptual design for land development, prepared for informal review purposes that carries no vesting rights or obligations on any party.
CONDITIONAL USEA use permitted in a particular zone when it is shown that such use in a specific location will comply with all the conditions and standards for the location and/or operation of the use as specified in the Land Development Ordinance and authorized by the Land Use Board.
CONDOMINIUM ASSOCIATIONThe community association that administers and maintains the common property and common elements of a condominium.
CONSISTENCYA requirement that all land development regulations be consistent with a comprehensive masterplan of the municipality, county, or state.
CONSOLIDATIONThe removal of lot lines between contiguous parcels.
CONTIGUOUSNext to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.
CORNICEAny horizontal member, structural or nonstructural, projecting outward from the exterior walls at the roofline, including eaves and other roof overhang.
COVERAGE, BUILDINGThe ratio on a lot, expressed as a percentage to the total lot area, of the horizontal building area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings, detached garage, garage apartment, second floor and half-story cantilevers, sheds in excess of 100 square feet, or a shed of any size that is built over an impervious surface. Shed foundations of lumber, wood or timber are considered to be pervious.
COVERAGE, IMPERVIOUSAll items as listed in "coverage, building" plus the area of any impervious surfaces, including, walks, driveways, patios, pavers, elevated decks, decks on grade areas that exceed 5% of lot size, in-ground private swimming pool area that exceeds 4% of lot size, aboveground swimming pools, steps, and any other area that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. The following items are not included in this calculation:
B. Deck on grade areas up to 5% of the lot size;
D. Storage sheds up to 100 square feet; and
E. In-ground private swimming pool water surfaces up to 4% of the lot size.
DECK, ELEVATEDAn exterior aboveground, open and uncovered platform structure without walls, higher than 12 inches above grade attached to a dwelling (see also "rooftop deck"). An elevated deck cannot be situated within the footprint of the dwelling.
DECK, ON GRADEAn exterior open and uncovered platform structure without walls, 12 inches or lower above grade. A deck, on grade cannot be located above the lowest finished floor of the dwelling.
DECK, ROOFTOPAn open exterior covered or uncovered platform structure, located above the highest finished floor of the dwelling. Rooftop decks are specifically prohibited.
DENSITYThe number of families, individuals, dwelling units, households, or housing structures per unit of land.
DENSITY, GROSS RESIDENTIALThe total number of dwelling units developed on an area of land, including the areas dedicated to public access and open space.
DENSITY, NET RESIDENTIALThe total number of dwelling units which may be developed on an area of land excluding the areas dedicated to public access and open space.
DESCRIPTIVE SUMMARYA statement accompanying an application to the Land Use Board, or government agency that covers the main points of the application concisely, but without overwhelming details, in a manner that serves to clearly describe the nature of the application to the Board or agency.
DEVELOPERThe 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 any other person having an enforceable proprietary interest in such land.
DEVELOPMENTThe division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement 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 this chapter.
DEVELOPMENT REGULATIONSChapter
450, Zoning, Chapter
60, Land Use Procedures, the Zoning Map and any other municipal regulation of the use and development of land or amendment thereto, adopted and filed pursuant to the New Jersey Municipal Land Use Law.
DISTURBANCEAny activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity that causes soil to be exposed to the danger of erosion or creates a hazard.
DIVERSIONA channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope or grade.
DORMERA projection from a sloping roof containing one or more windows.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means, including provisions to control runoff to minimize erosion during and after construction or development, provisions for preserving groundwater supply and provisions for prevention or alleviation of flooding.
DRIVEWAYA private roadway providing access to a street or highway.
DWELLINGAny structure or portion thereof designed or used exclusively as the residence by one or more persons. Hotels, motels, dormitories, fraternity or sorority houses, rooming and/or boarding houses and other similar group quarters and institutional living space shall not be considered a "dwelling" as defined in this chapter.
DWELLING UNITAny room or group of rooms within a structure, or portion thereof, forming a single habitable unit with facilities used or designed to be used for living, sleeping, cooking, eating and sanitation providing complete living facilities for one family.
DWELLING, MULTIPLE-FAMILYA structure containing three or more separate dwelling units, designed for or occupied by three or more families living independently of one another.
DWELLING, TOWNHOUSEA one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
DWELLING, TWO-FAMILYA structure containing two separate dwelling units, designed for or occupied by two families living independently of one another.
EASEMENTA grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
ENTRY PLATFORMAn exterior covered or uncovered platform structure leading to a first floor dwelling entrance.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESCROWA deed, bond, cash, or other security delivered to a third person or agency and delivered by the third person to the grantee only upon fulfillment of a condition.
ESSENTIAL SERVICESServices and utilities needed for the health, safety, and general welfare of the community, such as underground, surface, or overhead electrical, gas, telephone, water, sewerage, and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which they are located.
FACADEThe exterior portion of a building, exposed to public view.
FENCEA natural, or artificially constructed, barrier of any material or combination of materials erected to enclose, screen, or separate areas.
FINAL APPROVALThe last official action of the approving agency taken on a development plan that has been given preliminary approval, after all conditions and requirements of preliminary approval have been met and either the required improvements have been installed or guarantees properly posted for their installation, or approval has been granted subject to the posting of such guarantees.
FIRE ESCAPEA staircase installed on the outside of a building that is fireproof used for evacuating a burning building.
FLOOR AREAThe total enclosed floor area of a building measured from the exterior face of a structure used for residential purposes or for business or commercial activities which, in the case of the latter, includes customer facilities, showcase facilities, storage and sales facilities. Floor area shall be computed as follows:
A. Ground-floor area shall be considered as the overall exterior dimensions of the dwelling exclusive of porches, garages, patios, basements and cellars.
B. Second- and third-floor areas shall be considered as floor area only when the side walls are at least five feet in height over a finished floor and reach a ceiling height of at least seven feet.
C. Split-level dwellings shall be considered as one-story or ground-level dwellings unless a third level is constructed. To be considered a split-level dwelling, a building shall contain three or more floor levels, each separated from the adjoining floor level by a vertical distance of more than one foot three inches but less than seven feet.
FRONTAGEThe front lot line; that side of a lot abutting a street.
GARAGE, PRIVATEA structure that is accessory to a dwelling use, is used for the parking and storage of vehicles owned and operated by the residents thereof, and is not a separate commercial enterprise available to the general public.
GARAGE, PUBLICA structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GARDEN APARTMENTA building or group of buildings containing multiple dwelling units each of which is completely contained on a single floor.
GAZEBOA freestanding roofed structure open on the sides and supported by columns.
GLAREThe effect produced by light from a luminaire with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GRADE, FINISHEDThe final elevation of the average ground level adjoining a building at all exterior walls after development.
GRADE, NATURALThe elevation of the ground level in its natural state, before construction, filling, or excavation.
HALF-STORYA story under a sloping roof, which may have dormers with windows, having a floor area not exceeding 50% of the floor area below it, inclusive of any balconies on said story. The roof rafters shall intersect the exterior wall within one foot of the floor of said half-story. See also "story, half."
HARDSCAPENonliving components of a landscape design, such as walls, sculpture, paved walkways, patios, stone and gravel areas, benches, fountains, and similar hard-surface areas and objects.
HOME OFFICEA room or facility supporting business or business-like activity, which is conducted for profit, support, charitable purpose, or otherwise, which is incidental and secondary to the use of a structure as a dwelling unit, and which does not change the essential residential character of the dwelling unit.
LANDGround, soil, and/or earth.
LAND DISTURBANCEAny activity involving the clearing, cutting, excavating, filling, or grading of land, or any other activity that alters land topography or vegetative cover.
LAND SURVEYOROne who is licensed by the state as a land surveyor and is qualified to make accurate field measurements and to mark, describe, and define land boundaries.
LAND USEA description of how land is occupied or used.
LANDLOCKEDA lot or parcel of land without direct access to a public road.
LANDSCAPEA. An expanse of natural scenery;
B. Elements used in the alteration and/or ornamentation of open space, including lawns, trees, plants, and other natural materials, such as rock and wood chips.
LANDSCAPE PLANA component of a development plan on which are shown:
A. Proposed landscape species (such as number, spacing, size at time of planting, and planting details).
B. Proposals for protection of existing vegetation during and after construction.
C. Proposed treatment of hard and soft surfaces.
D. Proposed decorative features.
F. Buffer and screening devices.
G. Any other information that can reasonably be required for an informed decision to be made by the approving authority.
LIGHTING PLANA plan showing the location, the height above grade, the type of illumination, the type of fixture, the source lumens, and the luminous area for each source of light proposed.
LIMITS OF CLEARINGThe boundaries of that area of land to be cleared of trees and other vegetation in conjunction with a proposed development or land use.
LOADING SPACEAn off-street space or berth used for the loading or unloading of cargo, products, or materials from vehicles.
LOTA designated parcel, tract, or area of land established by plat, subdivision, or otherwise permitted by law, to be separately owned, used, developed, or built upon.
LOT AREAThe total area within the lot lines of a lot excluding any public right-of-way.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines. In the case of a corner lot, the greater frontage shall be the lot depth except where frontages are the same; the frontage on the north-south street shall be the lot depth.
LOT FRONTAGEThat portion of the lot extending along the street line the horizontal distance between the side lot lines, measured along the street line. In the case of a corner lot, the smaller frontage shall be the lot frontage, except where frontages are the same; the frontage on the east-west street shall be the lot frontage.
LOT LINEAny line dividing one lot from another lot or from a public thoroughfare.
LOT LINE, FRONTThe lot line separating a lot from a street or public right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT WIDTHThe horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building front setback line.
LOT, CORNERA lot or parcel of land abutting on two or more streets at their intersection or on two parts of the same street, forming an interior angle of less than 135°. Each corner lot shall have two front yards, one side yard, and one rear yard. The rear yard shall always be opposite the front entrance to the primary structure on such corner lot.
LOT, MINIMUM AREA OFThe smallest lot area established by the zoning ordinance on which a use or structure may be located in a particular district.
LOT, NONCONFORMINGA lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
LOT, SUBSTANDARDA parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located.
LOT, THROUGHA lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.
MAINTENANCE GUARANTEEAny security that may be required and accepted by a governmental agency to ensure that necessary improvements will function as required for a specific period of time. See also "performance guarantee."
MASTER PLANA comprehensive, long-ranged plan, developed by the Borough Planning Board and adopted by the governing body, intended to guide the growth and development of a community or region. This plan is typically adopted and in effect for a set period of time and typically includes inventory and analytic sections leading to recommendations for the community's land use, future economic development, housing, recreation and open space, transportation, community facilities, and community design, all related to the community's goal and objectives for these elements.
MAYORThe chief executive of the Borough.
MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTERAn organization issued a permit, including a conditional permit, by the state to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant.
MEDICAL CANNABIS CULTIVATORAn organization holding a permit issued by the state that authorizes the organization to possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other medical cannabis cultivators and to medical cannabis manufacturers, clinical registrants, and medical cannabis dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes.
MEDICAL CANNABIS DISPENSARYAn organization issued a permit by the state that authorizes the organization to purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver; and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers.
MEDICAL CANNABIS MANUFACTURERAn organization issued a permit by the state that authorizes the organization to purchase or obtain medical cannabis and related supplies from a medical cannabis cultivator or a clinical registrant; purchase or obtain medical cannabis products from another medical cannabis manufacturer or a clinical registrant; produce, manufacture, or otherwise create medical cannabis products; and possess, deliver, transfer, transport, distribute, supply, and sell medical cannabis products and related supplies to medical cannabis manufacturers and to medical cannabis dispensaries and clinical registrants.
MINIMUM PARKING STANDARDSA set of requirements included in land use regulations that require a certain minimum ratio or parking standard that a particular development is required to meet on-site in order to obtain development approval.
MUNICIPAL AGENCYThe Land Use Board or governing body or any agency created by or responsible to the municipality when acting pursuant to this chapter.
OFF-SITELocated outside the lot lines of the lot in question.
ON-SITELocated within the lot lines of the lot in question.
OPEN SPACE, PUBLICAn open space area conveyed or otherwise dedicated to the Borough, a Borough agency, the Board of Education, a state or county agency, or any other public body for recreational or conservational uses.
ORDINANCEA law or regulation adopted by a governing body.
OUTDOOR LIVING AREAAn outdoor area that constitutes a structure as defined in this chapter and is designed or used for outdoor gathering, lounging, dining, and/or similar use, in association with a dwelling.
OVERHANGThe part of a roof or wall that extends beyond a lower wall.
PARKING RATIOThe minimum number of on-site parking spaces required by formula for various types of land use.
PARKING SPACEThe area required for the parking of one automobile which, for the purposes of the chapter, is held to be an area nine feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto; a space for the parking of a motor vehicle within a public or private parking area.
PARKING SPACE, HANDICAPPEDParking spaces reserved for people with disabilities, typically marked with the international symbol of access.
PARTIAL DESTRUCTIONA building or structure that, because of fire, flood, explosion, or other calamity, requires the rebuilding of less than half of the original floor area.
PATIOA level hardscaped surface normally or customarily used as an exterior sitting area, being not more than 12 inches above the adjacent ground level at any point. A patio cannot be located above the elevation of the lowest finished floor of the dwelling.
PERFORMANCE GUARANTEEAny security that may be accepted by a governmental entity to ensure that improvements required as part of an application for development will be satisfactorily completed.
PERFORMANCE STANDARDA set of criteria or limits relating to certain characteristics that a particular use or process must achieve.
PERGOLAA detached structure which is a garden feature forming a shaded walkway, passageway, or sitting area of vertical posts or pillars that usually support cross-beams and a sturdy open lattice, often upon which woody vines are trained. Top of pergola must be greater than 70% open.
PERIMETERThe boundaries or borders of a lot, tract, or parcel of land.
PERMEABILITYThe speed with which water can drain through soil.
PERVIOUS SURFACEAny material that permits full or partial absorption of stormwater into previously unimproved land.
PLANA map, plan or layout of a city, town, section, subdivision or property indicating the location and boundaries of individual properties or lots.
PLATThe map or maps of a subdivision or site plan or a portion thereof.
PLAT, FINALA map of all or portion of a subdivision that is presented to the approving authority for final approval.
PLAT, PRELIMINARYA layout of a proposed subdivision of sufficient accuracy and detail to be used for the purpose of discussion and classification, and preliminary approval.
PORCHAn exterior covered, open structure without walls, supported on columns and constructed upon a foundation of masonry, concrete, piers or piles.
PORCH, UPPERAn exterior open and uncovered platform structure,[??] without walls, accessed from a second floor. An upper porch must be located above a porch.
PREAPPLICATION CONFERENCEA conference attended by the planner, engineer, zoning officer, or their representative and other boards or agencies as may be required for a specific application.
PREEXISTING USEThe use of a lot or structure prior to the time of the enactment of a zoning ordinance or amendment thereto.
PRELIMINARY APPROVALThe conferral of certain rights prior to final approval, after specific elements of a development plan have been approved by the approving authority and agreed to by the applicant.
PRELIMINARY FLOOR PLAN AND ELEVATIONArchitectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
PROJECTIONSPart of a building or structure that projects from a wall or roof.
PUBLIC DRAINAGEWAYThe land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel, and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
QUORUMThe majority of the full authorized membership of a municipal agency.
REDEVELOPMENTThe removal and replacement, rehabilitation, or adaptive reuse of an existing structure or structures, or of land from which previous improvements have been removed.
REHABILITATIONThe restoration of a property, previously in a dilapidated or substandard condition, for human habitation or use, without drastically changing the plan, form, or style of architecture.
RESTAURANTAn establishment at which food is sold for consumption on the premises.
RESUBDIVISIONThe further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law but does not include conveyances so as to combine existing lots by deed or other instrument.
ROOMING HOUSEA building arranged or used as defined in N.J.S.A. 55:13B-3, as amended.
SATELLITE ANTENNAAny apparatus that is designed for the purpose of receiving and transmitting television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
SEDIMENTSolid material, both mineral and organic, that is in suspension, is being transported, or has been removed from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEDIMENT BASINA barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material.
SEDIMENTATIONThe 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.
SHOPPING CENTERA group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
SIGHT TRIANGLEA triangular-shaped portion of land established at street intersections in which nothing is erected, placed, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGNAny object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, or direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by means of words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
SIGN, PREEXISTING NONCONFORMINGA sign lawfully erected and maintained prior to the adoption of an ordinance, that, because of amendments to that ordinance, no longer conforms with the requirements of that ordinance.
SITE PLANThe development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order for an informed decision to be made by the approving authority.
SITE PLAN, EXEMPTThat site plan approval shall not be required prior to issuance of a development permit for the following:
A. Construction, additions, or alterations related to single-family or two-family detached dwellings or their accessory structures on individual lots.
B. Any change in occupancy which is not a change in use.
C. Individual applications for accessory mechanical or electrical equipment, 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.
D. 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) conform to the requirements of this chapter.
E. 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.
F. The redevelopment and/or reconstruction of any structure destroyed, in total or in part, by reason of wind, fire, water incursion, exposure or other act of god, or public enemy, provided that such redevelopment and/or reconstruction shall be in accordance with §
450-12.
SITE PLAN, MAJORAny site plan not classified as a "minor site plan" or "exempt site plan."
SITE PLAN, MINORA development plan of one or more lots which meet all of the following criteria:
A. Proposes new development of not more than 1,000 square feet of new or additional floor area;
B. Not more than five new or additional off-street parking spaces;
C. Meets all the requirements of the zone in which it is located;
D. Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and
E. Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
SOIL EROSION CERTIFIED PLANA plan for soil erosion and sediment control that meets the standards for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Commission Committee and that has been approved by the Freehold Soil Conservation District.
STORAGE SHEDA detached, one-story accessory structure utilized for the purpose of storing household items and belongings, but not for the storage of automobiles.
STORMWATER DETENTION/RETENTIONAny storm drainage technique that retards or detains runoff, to reduce the peak rate or total volume of runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it. If there be no floor above it then the space between any floor and the ceiling next above. This includes basements if the basement ceiling is greater than five feet above the average adjoining grade.
STORY, HALFA story under a sloping roof, which may have dormers with windows, having a floor area not exceeding 50% of the floor area below it, inclusive of any balconies on said story. The roof rafters shall intersect the exterior wall within one foot of the floor of said half story. See also "half-story."
STREETAny road, avenue, street, or highway dedicated to the public use for street purpose. A "street" shall be deemed to include all portions lying between the dedicated or established right-of-way and/or planting easement thereof, said lines being identical with the front property lines of lands abutting the street.
STREET, COLLECTORA street that collects traffic from local streets and connects with minor and major arterials.
STREET, CUL-DE-SACA street with a single common ingress and egress and with a turnaround as the end.
STREET, LOCALA street that provides frontage for access to abutting lots and carries slow-speed traffic primarily having a destination or origin on the street itself.
STREET, LOOPA local street that has its only ingress and egress at two points on the same collector or subcollector street.
STREET, MAJOR ARTERIALA street that connects and distributes traffic to and from minor arterials, with access control, channelized intersections, and restricted parking.
STREET, MINOR ARTERIALA street that interconnects and links major arterials and distributes traffic to and from collector streets.
STRUCTUREA combination of materials that form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water, including but not limited to buildings, sheds, fences, walls, decks, signs, towers, swimming pools, and platforms for pool equipment, HVAC units, and generators.
SUBDIVISIONThe division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale, development, or lease.
SUBDIVISION COMMITTEEA committee of at least three Land Use Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and such duties relating to land subdivision which may be conferred on this Committee by the Board.
SUBDIVISION, MINORA subdivision of land that results in the creation of three or fewer lots, and does not involve a planned development, any new street or the extension of any off-tract improvement.
SWIMMING POOL, IN-GROUNDA swimming pool accessory to and constructed or installed on a property containing a one- or two-family dwelling for use by the residents or occupants of the dwelling or dwellings and their guests for which no fee is charged and which shall include but not be limited to in-ground pools, aboveground pools, including portable pools, exterior hot tubs and saunas and wading pools in excess of 25 square feet and 12 inches deep which are constructed of, but not limited to, wood, plastic, metal, fiberglass or concrete materials.
SWIMMING POOL, SEMIPUBLICA swimming pool accessory to and constructed or erected on a property containing a hotel, motel, bed-and-breakfast, townhouse or apartment complex as a benefit to and exclusively for residents or occupants of the hotel, motel, bed-and-breakfast, townhouse or apartment complex and their guests. Such shall include but not be limited to in-ground pools, aboveground pools, including portable pools, exterior hot tubs, saunas and wading pools in excess of 25 square feet and 12 inches deep.
TELEPHONE POLE (also UTILITY POLE)A tall pole with electrical, telephone, cable wires attached to it, connecting several different buildings to the system for the primary use.
TEMPORARY PERMITAuthorization for a land-use activity for a limited period of time.
TEMPORARY STRUCTUREA structure that is erected without any foundation or footings and is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
TEMPORARY USEA use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
TRAILERA structure, registered with the Department of Motor Vehicles, standing on wheels, towed or hauled by another vehicle, and used either for short-term human occupancy; carrying of material, goods, or objects; or as a temporary office.
TRASH ENCLOSUREAn accessory use or structure where trash and/or recycling material containers or any other type of waste or refuse containers are stored.
USE, NONCONFORMINGA use or activity which was lawful prior to the adoption, revision the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
VARIANCEPermission to depart from the literal requirements of a zoning ordinance.
WIND SCREENA temporary open, screened entranceway leading into an establishment's front door on the ground level.
WINDOW LETTERING, PERMANENTIncludes, but is not limited to, etching, lettering or graphics displayed on a business window, which shall be limited to the name of the owner, business name, business address, telephone numbers (including facsimile and electronic mail), and hours of operation which shall be used to identify the nature of the business.
WINDOW LETTERING, TEMPORARYIncludes, but is not limited to, lettering, graphics, designs, seasonal designs, ornamental designs, drawings, sketches, logos, writing or any other form of design, letter or character, which shall be temporary in nature to advertise a sale, special civic or public events, seasonal activity or event, which the business is a participant, subject to the provisions as set forth in Article
X of this chapter.
WINDOW SIGN, PERMANENTIncludes, but is not limited to, etching, lettering or graphics that is painted or mounted onto a windowpane, or that is hung directly inside a window solely for the purpose or effect of identifying any premises from the sidewalk or street. Limited to name of the owner, business name, business address, telephone numbers (including facsimile and electronic mail) and hours of operation which shall be used to identify the nature of the business.
WINDOW SIGN, TEMPORARYIncludes, but is not limited to, lettering, graphics, designs, seasonal designs, ornamental designs, drawings, sketches, logos, writing or any other form of design, letter or character, that is painted or mounted onto a window pane, or that is hung directly inside a window which shall be temporary in nature to advertise sales, events, services or products.
WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIESA. A structure containing, sending and receiving antennas, and prefabricated or modular structures or cabinets containing electronic equipment.
B. A Federal Communication Commission (FCC) licensed facility, receiving, and relaying voice and data signals from various wireless communications devices and equipment.
C. This does not include telephone poles/utility poles.
YARD, FRONTAn open unoccupied space, extending the full width of the lot and situated between the front property line and the front building line of the principal structure. The depth of the front yard shall be measured at right angles to the front property line of the lot. In the case of a corner lot, there shall be a front yard along all street frontages.
YARD, REARAn open unoccupied space, extending the full width of the lot and situated between the rear lot line and the rear building line of the principal structure. The depth of the rear yard shall be measured at right angles to the rear property line. In the case of a corner lot, the rear yard shall always be opposite the front entrance to the primary structure on such corner lot.
YARD, SIDEAn open unoccupied space between the side property line of the lot and the side yard building line and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear property lines as the case may be. The width of a side yard shall be measured at right angles to the side property line of the lot.
ZONEA specifically delineated area or district in a municipality within which uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.
ZONINGThe delineation of districts and the establishment of regulations governing the use; placement; spacing; size of land; and buildings.
ZONING ENVELOPEThe three dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk.
ZONING OFFICERThe administrative officer designated to administer the zoning ordinance and issue zoning permits.
ZONING PERMITA document signed by the administrative officer which 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 which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 of MLUL Act (40:55D-60; 40:55D-70).