The traveled way by which vehicles enter and depart parking spaces.

A path or passage providing a means of approach or entrance to a lot.

A building or structure subordinate to and customarily incidental to the principal building or structure on the same lot. Where an accessory building is attached to the principal building, the accessory building shall be considered a part of the principal building. A detached structure may not become attached to the principal dwelling unless it conforms to the principal building setbacks and coverage requirements.

A subordinate use, the purpose of which is customary and incidental to that of a main use or building on the same lot(s), other than for living space.

The Zoning Officer of the Borough of Mantoloking.

Applied to a structure, means one of the following:

An individual or any other legal entity submitting an application for development.

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

Planning Board of the Borough of Mantoloking.

Plans or surveys indicating the precise description and location of all completed improvements to a parcel of land.

The level(s) proximately below the roof of a building and above the second story, which may be constructed or utilized for habitation.

A platform that projects from the wall of a building and is bordered by a railing, balustrade or parapet.

A boat lift is a mechanical device which is utilized to elevate a boat (of any nature or type) and to store it above the water. A davit is a mechanical device utilized to elevate a boat (of any nature or type) and to deposit it on land or a fixed structure. This definition shall be construed to include any and all devices or structures utilized to elevate or lower boats from or into abutting waters.

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.

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

The area of a lot within the front, rear and side setback lines within which a building may be placed.

The vertical distance measured from the highest point of the building, excepting ordinary projections of chimneys and vent pipes, to the grade of the crown of the abutting road at the center of the lot in question. See § 30-3O.

The front, rear, and side setback lines comprising the building envelope beyond which a structure shall not extend unless otherwise provided in this chapter.

That line as set forth on the Riparian Atlas Sheets, New Jersey Department of Environmental Protection, pictorially shown on the municipal tax maps but subject to specific land surveys for proper location.

A governmental acquisition of real property or major construction project.

A level wholly or partly underground and having more than one-half (1/2) of its clear height below the average level of the adjoining ground. The one half (1/2) criteria shall be determined as an average of the cellar heights at all sides of the structure. No portion of a cellar shall be constructed or utilized for habitation.

A document issued by the Borough Zoning Officer indicating that an application for development is complete.

A document issued by the Construction Official upon completion of construction and/or alteration of any building or the change in occupancy of a commercial or industrial building.

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, 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.

The actual start of construction, repair, reconstruction, placement, or other improvement. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a cellar, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. The time limitations of the Uniform Construction Code shall apply to construction commenced pursuant to the issuance of a building permit.

The administrator of the Uniform Construction Code of the Borough of Mantoloking.

A lot fronting on two (2) or more streets at their intersection. Corner lots shall have two front yards and two side yards. For development purposes, a property owner shall be entitled to determine which front yard shall be considered the front yard for setback purposes.

A stone, concrete or other improved boundary marking the edge of the roadway or paved area.

An open floor-like structure, without side walls or roof and with open joints between deck planking. Deck area shall include stairs, walkways, patios, pool surrounding access, entrance porches, platforms and like structures of similar construction.

The permitted number of dwelling units per gross area of land to be developed.

The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, 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 or other Ordinances of the Borough.

Written evidence of the approval of the Planning Board for a subdivision, site plan, zoning variance, or other application for land use.

A structure which projects through a sloping roof and which has side walls and does not extend beyond the lowest edge of the sloping roof. A dormer shall be further defined, graphically, as presented in "Architectural Graphic Standards", American Institute of Architects, latest edition.

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

The lands required for the installation of storm water sewers providing for the flow of water therein to safeguard the public against flood damage.

A defined paved or unpaved surface providing vehicular access to a street. A driveway is not a road, street, boulevard, highway or parkway.

The area between the seaward edge of the dune and the landward edge of the dune. The seaward edge of the dune is the intersection line of the foreslope of the dune and the gradient of the beach area, or the contour line at an elevation of nine (9) feet above mean high water, or the vegetation line, or the upper driftline, whichever is the more easterly, except when the Borough Engineer may have caused stakes to be driven to mark the seaward edge of the dune, in which case it is the line between such stakes. The landward edge of the dune is the intersection line of the backslope of the dune and the grade of the land extending from the east boundary of New Jersey Route 35 or East Avenue eastwardly, or the line joining the average landward edge of the dune of the adjoining oceanfront properties, or a line parallel to and sixty (60) feet west of the seaward edge of the dune, whichever is the more westerly.

A common line shown on the Tax Maps of the Borough that is between a buildable lot and the OS Lot.

Any building or portion thereof designed or used exclusively for one (1) or more dwelling units.

An unroofed open area attached to or part of the entrance to a building.

A structure of wood or other materials, formed in the shape of an arch.

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

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

A permitted departure from certain requirements for site plan and design approval.

The surface elevation of the land prior to the start of any land disturbance associated with any planned development project which is used to determine allowable heights of pools, decks, fences and accessory structures.

One (1) or more persons living together as a bona fide single non-profit housekeeping unit as distinguished from a commercial residence, non-familial institutional use, boarding house, rooming house, fraternity, sorority, club, hotel or an assemblage of persons organized and existing principally to share the expense of occupancy.

A combination of materials forming an enclosure, or portion thereof, of an open area and designed to prevent straying from within or intrusion from without the enclosure or to provide a visual barrier.

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

The final map of all or a portion of a site plan or subdivision which is submitted to the Planning Board for final approval in accordance with the provisions set forth in this chapter, and which, if approved, shall be filed with the proper County Recording Officer.

The Borough of Mantoloking is within a Flood Hazard Area as indicated on the official Flood Insurance Rate Maps (FIRM) of the Borough of Mantoloking, Ocean County, New Jersey, most recently issued and approved by the National Flood Insurance Program, Federal Emergency Management Agency, as the same may, from time to time, be amended by the National Flood Insurance Program in accordance with the procedure provided by law. See Chapter 23, Flood Damage Prevention.

The total enclosed floor area of a building used for residential purposes or for business or commercial activities which, in the case of the latter, include customer facilities, showcase facilities, storage and sale facilities.

A curb roof of the same section in all parts with a lower steeper slope and an upper flatter one.

An enclosed building used as an accessory to the main building which provides for storage of motor vehicles and other items. A garage may not be constructed or utilized for habitation. Garages are accessory structures and shall be constructed to comply with FEMA standards. In a "V" zone area as delineated on the Borough's Flood Insurance Rate Map, construction of garages shall be consistent with FEMA guidelines as described in FEMA Technical Bulletin 9-99 for flood resistance and impacts, and as further described in this chapter in § 30-3N.

The elevation of the surface of lawns, walks and roads brought to grade as shown on official plans or designs related thereto, or already in existence.

A floor of the dwelling that is code compliant at the time of construction. It could include living space, mechanical spaces or rooms, elevators, laundry rooms, hallways and the like. A covered porch is included as part of the habitable floor. Open uncovered decks, exterior stairs, and exterior landings are not included in the habitable floor calculations. If parking is not integrated underneath the first habitable floor, an attached garage must be two (2) stories tall for it to be considered part of the first habitable floor. The second story of an attached garage may be utilized for habitation.

The act of using a dwelling for living, sleeping, eating, and cooking, all under one contiguous roof. A dwelling used for habitation shall have facilities necessary for all such purposes. Cellars, unimproved attic space, and garages may not be used for habitation.

The space under a sloping roof above the second habitable story where the floor area of (finished living space) with headroom of seven (7) feet or more occupies less than thirty-three and one-third (33 1/3%) percent of the floor area of the second story below. This definition shall be consistent with the current definition for a "habitable attic" as contained in the UCC (Uniform Construction Code) requirements.

Any non-living components of a yard or landscape, including paver walkways or patios and the like, asphalt, concrete, and all else placed on or in the surface of the land.

That portion of a lot which is covered by impenetrable or impermeable material, including but not limited to any type of cement, asphalt, bricks, pavers or similar materials which will impede or limit the penetration of water to the substrata. Gravel, crushed stone, lawns or other vegetation shall not be deemed impermeable. Pavers set in sand or fine stone shall be calculated at eighty (80%) percent for lot coverage purposes.

The maximum lot area which may be covered by buildings, structures, areas under roofs, awnings or eaves, decks, swimming pools, or impervious areas. The total impervious coverage for all lots in all zones is forty-five (45%) percent.

Real property which includes improvements and fixtures on, above or below the surface.

An area of a floor near the top or bottom step or a stair. An intermediate landing is a small platform that is built as part of the stair between the main floor levels and is typically used to allow stairs to change directions, or to allow the user to rest. A landing is limited to approximately the width of the stairs by approximately the same dimension for the depth of the landing. Any "landing platform" that would be greater than one (1) foot more than the width of the stairs would be considered to be a "deck" in accordance with the definitions contained in this chapter. See illustration attached.

A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.

Lot area consists of the acreage or square footage of a lot contained within the lot lines of the property. Barnegat Lane, as presently constructed, incorporates a portion of the area of some abutting lots into the paved roadway. To the extent necessary to achieve minimum area compliance, the paved portion of the lot shall be included in lot area and lot coverage calculations. However, lot area covered by paved roadway infrastructure within the lot property limits need not be included as part of the impervious area in the calculation of lot coverage.

The average horizontal distance between the front and rear lot lines.

The horizontal distance of lot lines or portions thereof which are coexistent with a street line. In the case of a street of undefined width, the lot lines shall be assumed to parallel the center line of the street at a distance of fifty (50%) percent of the statutory street right-of-way width.

Any line designating the extent or boundary of a lot which shall be further defined as follows:

The shortest distance between the side lines measured through the midpoint of a line parallel to the front line or street line located at a distance from the street line (or front lot line) equal to one-half (1/2) the required lot depth or one-half (1/2) the actual lot depth; whichever is less. On corner lots, one (1) front lot line shall be considered a side lot line for the purpose of determining lot width and setbacks.

Any security which may be accepted by the Borough for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

The line found by the intersection of a plane at the elevation of Mean High Water with the existing slope of the beach.

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Land Use Ordinance, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption, revision or amendment.

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Land Use Ordinance, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption, revision or amendment.

A use or activity which was lawful prior to the adoption, revision or amendment of a Land Use Ordinance, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption, revision or amendment.

A storage area for a motor vehicle that is directly accessible to an access aisle and that is not located within a dedicated street right-of-way.

Not located on the property which is the subject of a development application nor on the closest half (1/2) of the abutting street or right-of-way.

Located on the lot in question and excluding any abutting street or right-of-way.

Located on the property which is the subject of a development application or on the closest half (1/2) of an abutting street or right-of-way.

An individual, firm, association, syndicate, copartnership, corporation, trust or other entity having sufficient legal or equitable interest in a parcel of land to commence and maintain proceedings for development or subdivision under the provisions of this chapter.

An off-street space provided for the parking of a motor vehicle with an area of nine (9) feet wide and eighteen (18) feet long, excluding abutting or adjacent passageways and driveways.

The demolition or destruction of a structure (regardless of whether the act was intentional or inadvertent) which results in no less than two (2) complete walls and a foundation remaining.

Any security which may be accepted by the Borough of Mantoloking, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

The combined Planning and Zoning Board of Adjustment of Mantoloking Borough.

A map or maps of a site plan or subdivision.

A structure that is attached to a building and extends from the walls of the dwelling. It may be enclosed, but must have a roof and/or ceiling and floor.

The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Zoning Officer or the Planning Board and the applicant.

Architectural drawings prepared early in order to delineate the introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to the site and immediate surroundings.

The preliminary map indicating the proposed layout of the site plan or subdivision which is submitted for consideration by the Zoning Officer or the Planning Board for the purpose of receiving tentative approval and meeting the requirements of this chapter.

The primary or main purpose for which a building lot is being utilized.

The office of a member of a recognized profession which shall include, but is not limited to, the offices of doctors or physicians, dentists, optometrists, ministers, architects, professional engineers, land surveyors, lawyers, artists, authors, and real estate brokers.

Public areas shall include:

The land reserved or dedicated for the installation of storm water 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.

Lands covered or traversed by flowing tidal waters.

Rainfall or other accumulations of water that are not absorbed directly by soil or sand.

Any signal receiving device (dish antenna or dish type antenna), the purpose of which is to receive communication or other signals from a satellite in the earth's orbit and/or other extraterrestrial sources. Satellite dish antenna also refers to "ground stations" and "earth stations" and includes accompanying apparatus including, but not limited to, a grounding rod and coaxial cable.

Any dense grouping of trees or shrubbery for the purpose of providing a continuous view obstruction within a site or property. The type of vegetation to be used in screening shall be at the discretion of the Zoning Officer. See § 30-38.

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

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

The line beyond which the building envelope shall not extend.

A way for carrying pedestrian traffic.

Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public agency.

Any construction work on, or improvement in connection with, residential development limited to streets, roads, parking facilities, sidewalks, drainage structures, and utilities.

A development plan of one (1) or more lots on which is shown:

The sketch map of a site plan or subdivision of sufficient accuracy to be used for the purpose of discussion and classification, meeting the requirements of this chapter.

A sign which is tacked, nailed, posted, pasted, glued, painted or otherwise applied or attached to trees or other natural features, poles, stakes, fences, vehicles, trailers or to other objects with the message appearing thereon not applicable to the present use of the premises or structures upon which such sign is located.

A structure to provide access to the first floor level of a dwelling or deck or stair platform.

An open area attached to or part of the entrance to a building which may or may not include steps.

That portion of a building included between the surface of any floor and the surface of the 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 cellar shall not be considered a story.

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which:

The line determining the limit between the highway rights of the public and adjoining private property.

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

The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

Structural and nonstructural control of surface water runoff and nonpoint pollution.

A structure erected on a property as an accessory to a residential building on the same lot therewith, and providing recreational facilities for swimming or wading for the use of the persons residing on the premises and their non-paying guests.

Any man-made surface, product, material or combination thereof produced and used as an artificial substitute for permanent ground cover.

A collapsible shelter of fabric, flexible sheeting or film, stretched and supported by poles and/or ropes or cables; used as a temporary building.

See Impervious Coverage, Total.

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. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

Permission to depart from the literal requirements of this chapter.

The distance between the finished first floor level to the roof ridge line.

A paved (whether by pavers, concrete, stone or other paving materials) or wooden structure that is no more than five (5) feet wide and is used for pedestrian access.

A railed observation platform atop a house.

A wireless communications facility or "cell site" consisting of radio antennae and related equipment for the purpose of providing service to wireless communications customers.

An open space, as may be required by this chapter, on the same lot with a building, or a group of buildings, erected thereon, which lies between the building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward, except as herein permitted.

A yard extending across the full width of the lot and lying between the street line, dune reference line/seawall line or bulkhead line (as defined herein), as applicable, of the lot in question and the nearest wall or part of the building. The depth of the front yards shall be measured at right angles to the applicable street line, dune reference line/seawall line or bulkhead line as the case may be. The minimum front yard depth of all lots abutting the Atlantic Ocean shall be sixty (60) feet westwardly from that line designated dune reference line/seawall line on the Tax Maps of the Borough. In the case of all lots abutting on Barnegat Bay, or on the north and south lagoons, the front yard shall be the area between any building thereon and the bulkhead. In those cases where there is an existing bulkhead on lots adjacent to a property without a bulkhead, the bulkhead line shall be construed as a line in line with the adjacent existing bulkheads. In the case of all other lots, the front yard shall be the area between any building thereon and the street line. For corner lots, the property owner may choose which yard abutting a street shall be considered the front yard; except if a lot abuts Route 35 and either East Avenue, Barnegat Lane, Bay Avenue or Runyon Lane, the front yard of such lot shall be the area between any building on the lot and the Borough Street.

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

An open unoccupied space between the side line of the lot and the nearest wall of the building. The width of a side yard shall be measured perpendicular to the side line of the lot. In cases where the lot abuts on either the Atlantic Ocean, Barnegat Bay or the north and south lagoons, and a street which runs generally east and west, the side yard shall be the area between any building and such street.

The duly appointed Administrative Officer of the Borough of Mantoloking.

A document signed by the Zoning Officer which: