[Ord. #601, S 109-4; Ord. #650, S 2; Ord. #659, S 2; Ord. #687, S 1; Ord. #692, S 1; Ord. #752, S 1; Ord. #760, S 2; Ord. #808, S 2; Ord. #830, S 2; Ord. #90-8, SS 1, 3; Ord. #93-29, S 1; Ord. #1997-21, S 1; Ord. #2002-11, S 1; Ord. # 2003-13, SS 1, 2; Ord. #2003-33, S I; Ord. #12-2004, SS 1, 2; Ord. #29-2005, S 1; Ord. #09-2006, S 1; Ord. #06-2007, S 1; Ord. #2008-06, S 1; Ord. #13-2009, S 1; Ord. #2014-03; Ord. #2014-04 SS 1-14; Ord. #2014-09. Additional amendments noted where applicable.]
As used in this Chapter:
ACCESSORY BUILDING OR USEshall mean an accessory building or use is one which:
a. Is subordinate to and serves any principal building or use; and
b. Is subordinate in area, extent or purpose to the principal building or principal use served; and
c. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
d. Is located on the same building lot as the principal building or principal use served.
e. Accessory Buildings or Uses will not allow overnight occupancy or being utilized for sleeping or residential domicile purposes.
ADMINISTRATIVE OFFICERshall mean the Municipal Administrator of the Borough and, in the absence of the Municipal Administrator, shall be the Clerk of the Borough, unless otherwise provided in this Chapter.
AGRICULTURAL, CUSTOMARY USEshall mean a use primarily devoted to the raising or production, of crops, livestock grazing, raising of hay for cows to produce milk and other dairy products, raising of poultry and sale of chickens and eggs, or growing of fruit.
ALTERATIONshall mean, as applied to a building or structure, a change, rearrangement or enlargement in the structural parts or in the existing facilities; any conversion of a building or part thereof, removal of a building from one location or position to another, or demolition of a building.
AMUSEMENT AREAshall mean any area within or without a building, structure or any open area accessible to the public, devoted to amusement devices, games or recreational diversions of all types.
APPLICANTshall mean an individual or developer submitting an application for development or other purpose.
APPLICATION FOR DEVELOPMENTshall mean the application form and all accompanying documents required by this Chapter for approval of a site plan, subdivision plat, conditional use, planned development, zoning variance, or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey, 1975.
APPROVING AUTHORITYshall mean the Board of Adjustment or Planning Board when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey, 1975, and amendments thereto.
AS-BUILT SURVEYShall mean plans or survey indicating the precise description, location, setbacks, and coverages of all completed improvements to a parcel of land.
[Added 3-14-2022 by Ord. No. 2022-05]
AUTOMOBILE REPAIR SHOPshall mean a building or place which is used for the principal purpose of body or repair work performed on motor vehicles.
BALCONYshall mean a platform projecting from the wall of the building shall be permitted above the second story providing it does not exceed seventy-five (75) square feet.
[Ord. #2014-04 S 2]
BANQUET HALLshall mean a hall which can accommodate a ceremonious public dinner as opposed to restaurant dining which caters to the general public.
[Ord. #2014-03]
BASEMENTshall mean a story of a building partly underground and having more than one-half (1/2) of its height above the average level of the finished grade.
[Ord. #2014-09]
BILLBOARDshall mean any structure or portion thereof upon which advertisements are used as an outdoor display not serving a business conducted on the same building lot. This definition does not include any signs used to display official court or government notices.
BOARD OF ADJUSTMENTshall mean the Board of Adjustment of the Borough established pursuant to N.J.S.A. 40:55D-69 (Laws of 1975, Chapter 291, Section 56).
BOATELshall mean a motel or hotel which is designed to be utilized in conjunction with marina facilities.
BUFFERshall mean a landscaped and/or natural area designed to act as a visual and sound screen between adjacent properties.
BUILDINGshall mean a combination of material to form a structure adapted to permanent, temporary or continuous occupancy, having a roof and being permanently affixed to the land, and designed or used for shelter, housing, enclosure of persons, animals, chattel or movable property.
BUILDING HEIGHTThe vertical dimensions measured from the crown of the nearest improved street on which the building or structure is located to the horizontal plane of the highest point of the roof of the structure or building. The point in the crown of the street from which the measurement is taken shall be the midpoint between the extension of the side lines of the lot which intersect the crown of said improved streets. The height limitations of this chapter shall not apply to church spires, noncommercial antennas, belfries, cupolas, chimneys, ventilators, skylights provided that no fire hazard is created and provided that such exemption covers not more than 10% of the roof area and no greater than 10 feet above the permitted height. For properties within the area inundated by the 100-year flood, the building height is measured from the base flood plain elevation level instead of the crown of the street. Parapets shall also not be included in the height calculation as long as they used to shield mechanical equipment and do not exceed four feet above the baseline roof elevation. The definition of building height is further amended to include guidance on corner lots; in particular, the crown shall be considered from the street of the highest elevation.
[Ord. No. 2014-04 S 1; amended 3-25-2019 by Ord. No. 2019-02]
BUILDING LINEshall mean a line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected perimeter of the building, excluding eves and overhangs. Eves and overhangs shall not project more than two (2') feet into any required yard area. All requirements are measured to the building line.
[Ord. #2014-04 S 4]
BUILDING, PORTABLEshall mean a structure, including, but not limited to, tents, lunch wagons, trailers, dining cars, camping vehicles or other structures on wheels or chassis, designed to be capable of being carried or transported from place to place.
BUILDING, PRINCIPALshall mean a building or buildings in which is conducted the main or principal use of the site on which it is situated.
BULKHEADshall mean a retaining wall created along a body of water behind which fill is placed.
CALIPERshall mean the diameter of a tree trunk measured in inches at the specified level above grade.
CAMPERshall mean any person who occupies a campsite for its intended purpose.
CAMPGROUNDshall mean a plot of ground upon which two (2) or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary quarters for children or adults, or both, for recreation or vacation purposes.
CAMPING UNITshall mean and include any tent or camping vehicle temporarily located in a campsite, or a cabin, lean-to or similar structure established or maintained and operated in a campground as temporary living quarters for children or adults, or both, for recreation or vacation purposes, but shall not include any camping unit kept by its owner on land occupied by him/her in conjunction with his dwelling or any camping unit which is not occupied and which is kept at a campground for storage purposes only at a location reserved for the storage of such camping units.
CAMPING VEHICLEshall mean and include any camp trailer, travel trailer or other unit built or mounted on a vehicle or chassis, designed without permanent foundation, which is used for temporary dwelling or sleeping purposes and which, under the provisions of Title 39 of the Revised Statutes of New Jersey, may be legally driven or towed by a motor vehicle on a highway.
CAMPSITEshall mean and include any plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper.
CAR LOT, USEDshall mean a place of business for the sale of used motor vehicles.
CARPORTshall mean a structure attached or made a part of the main structures which is open to weather on at least two (2) sides and which is intended for the use of sheltering motor-driven vehicles.
CHANGE IN USEshall mean any alteration or modification which results in a use not substantially of the same kind or purpose as the original use, including but not limited to the following circumstances:
a. Any change from a residential use to any nonresidential use;
b. Any change in use from any existing or permitted use to any conditional use;
c. Any change from any existing or permitted use to a different permitted use where the new use would be classified as falling within a more intensive use category than would the old use, when such comparison is applied to the following general use categories arranged from less intense to more intense (for example, retail business is deemed more intense than professional office which is deemed more intense than residential use, etc.);
d. Any change in use which would yield a higher number of parking stalls, number of employees, or an increase in the hours of operation.
e. Any change in use which would increase the anticipated yield of sanitary sewage.
f. Any change in use which will increase water supply requirements for the structure as compared to the existing use(s).
CHURCHshall mean a building, including the property it occupies, used as the regular site for traditional services, meetings, and/or gatherings of an organized religious body presided over by an officially recognized leader. This term shall include all religious denominations.
CIRCULATIONshall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewerage or power or drainage by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.
CLUBS, LODGES, FRATERNAL, SOCIAL AND RECREATIONAL BUILDINGSshall mean a building principally used to house any club, lodge, fraternal, social, recreational, athletic, patriotic or civil organization and their attendant activities, whether private or public.
COMMERCIAL VEHICLEshall mean any motor vehicle which is registered as a commercial vehicle with the New Jersey Motor Vehicle Commission or with a similar agency from any other State.
COMPLETE APPLICATIONshall mean an application form completed as specified by ordinances of the Borough and the rules and regulations of the Zoning Board of Adjustment and the Planning Board of the Borough, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plan; provided that the municipal agency may require such additional information not specified in the ordinance, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Zoning Board of Adjustment or the Planning Board of the Borough. An application shall be certified as complete immediately upon the meeting of all requirements specified in the Chapter and in the rules and regulations of the Zoning Board of Adjustment and the Planning Board, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Zoning Board of Adjustment or the Planning Board.
CONDITIONAL USEshall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Chapter, and upon the issuance of an authorization therefor by the approving authority.
COUNTY MASTER PLANshall mean a composite of the Master Plan for the physical development of Ocean County, with the accompanying maps, plats, charts, descriptive and explanatory matter adopted by the County Planning Board pursuant to R.S. 40:27-2 and R.S. 40:27-4.
COVERAGE, BUILDINGshall mean the square footage or other measurements by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundations, including, additionally, both the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns, and the area under cantilevered structures.
COVERAGE, LOTshall mean the area of the lot which is covered by buildings and other impervious coverage.
[Ord. #2014-09]
DAYSshall mean Calendar days.
DENSITY, RESIDENTIALshall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
DEVELOPERshall mean the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENTshall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or 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.
DORMER[Ord. #2014-04 S 5; deleted by Ord. #2014-09]
DRAINAGEshall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of run-off to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE, DETENTION OR RETENTION BASINSshall mean a man-made or natural water collector facility designed to collect and control surface and subsurface water so as to impede and gradually release the flow into the natural or man-made outlets (i.e. storm sewer system or stream).
DRAINAGE RIGHT-OF-WAYshall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or water-course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DWELLINGshall mean a building or portion thereof designed or used exclusively for one (1) or more residential units.
DWELLING, MULTIPLEshall mean a building designed for or containing three (3) or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, TWO-FAMILYshall mean a building designed for or containing two (2) dwelling units, which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING UNITshall mean a building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one (1) family and which is entirely separated from any other dwelling unit in the building by vertical or horizontal floors and with an independent access.
EFFICIENCY UNITshall mean one (1) room dwelling unit, in conjunction with a motel or hotel, having separate kitchen and bath facilities, occupied by one (1) family and being part of an efficiency structure.
[Ord. #2014-04 S 7]
EMPLOYEEshall mean an employee is a person who provides labor and services, with or without compensation.
ENVIRONMENTAL COMMISSIONshall mean a municipal advisory body created pursuant to P.L. 1968, c. N.J.S.A. 40:56A-1 et seq.
EROSIONshall mean the detachment and movement of soil or rock fragments by water, wind, ice, gravity, or other natural means.
ESSENTIAL SERVICESshall mean underground gas, electrical, telephone (but not including wireless telecommunications facilities), telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, and cables, including the equipment and appurtenances necessary for these systems, such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other related equipment and accessories in connection therewith reasonably necessary for the furnishing of an adequate level of service by public utilities or municipal or governmental agencies or for the public health, safety or welfare.
FAMILYshall mean one (1) or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of servants. One (1) or two (2) persons living and working together as a single housekeeping unit though not directly related by blood, adoption or marriage shall be deemed a family.
FENCEshall mean a barrier to prevent escape or intrusion or to mark a boundary usually, but not necessarily, constructed of wood, rails, posts and/or wire.
FINAL APPROVALshall mean the official action of the approval authority taken on preliminary approved major subdivisions or site plans 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.
FLOOR AREAshall mean the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) or more buildings. In particular, the floor area of a building shall include:
a. Basement Space. Provided same has a ceiling height of seven (7') feet or more.
c. Attic Space (whether or not a floor has actually been laid) however just the area directly under a headroom of seven (7') feet or more.
e. First Floor Areas shall be considered as first floor area where it has a clear height of at least seven feet, six (7' 6") inches and is not more than three (3') feet below the proposed average ground level providing that the First Floor elevation is a minimum of two (2') feet above the center line of the street.
[Ord. #2014-04 S 8]
f. Second Floor Area shall be considered as Floor Area only where the side walls are at least four (4') feet in height over a finished floor and reach a ceiling height of at least seven feet, six (7' 6") inches.
[Ord. #2014-04 S 9]
g. Split Level Dwellings shall be considered as a one-story or ground level dwelling unless a third level is constructed. To be considered a split level dwelling, a building shall contain three (3) or more floor levels each separated from the adjoining floor level from a vertical distance of more than one foot three (1' 3") inches, but less than seven (7') feet.
h. Accessory Buildings, including garages shall not be included in computing minimum floor area.
i. First Floor shall be considered the first story.
[Ord. #2014-09 S 2]
FLOOR PLANS AND ELEVATIONS, PRELIMINARYshall mean architectural drawings showing floor layout and front, side and rear view, prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope and scale.
[Ord. #2014-04 S 10]
GARAGE, PRIVATEshall mean a building or space used for storing motor vehicles as an accessory to the main building and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLICshall mean a building or space other than a private garage which is used for storage, repair, rental, greasing, servicing, adjusting or equipping of automobiles, or other motor vehicles.
GASOLINE FILLING STATIONSshall mean any area of land, including structures thereon, that is used for retail sale of gasoline, diesel, or other motor vehicle fuel.
GOVERNING BODYshall mean the Mayor and Council of the Borough of Point Pleasant.
GRADE, FINISHEDshall mean the elevation of the completed surface of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto, or already in existence.
GUARANTEE, PERFORMANCEshall mean any security, including cash, to ensure completion of improvements required as part of a development application approval as herein provided.
HISTORIC SITEshall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the Nation and has been so designated pursuant to law.
HOSPITALshall mean 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, training facilities, central service facilities and staff offices. The definition "hospital" shall not include nursing homes, medical care centers, outreach centers, HMO's and the like.
IMPERVIOUS COVERAGEshall mean any man-made material, including but not limited to bituminous concrete, Portland cement concrete, asphaltic roofing, metal roofing and sheet plastic; or, natural materials, including but not limited to clay, slate and wood which, due to its placement prevents natural absorption and percolation of precipitation into the grounds and soils of the Borough of Point Pleasant. Brick pavers constructed on suitable porous bedding as determined by the Borough Construction Department or Engineer shall be considered fifty (50%) percent impervious with the exception of driveways which shall be considered one hundred (100%) percent impervious. This standard shall apply to all paver systems as well as other engineered materials other than those exclusively designed to be pervious as determined by the Borough Construction Department or Engineer.
[Ord. #2014-04 S 11; Ord. #2014-09 S 2]
All driveways shall be considered an impervious surface even if constructed using stone or other materials typically deemed as pervious since the underlying soil generally becomes compacted resulting in direct runoff. |
Swimming pools shall also be construed as a pervious surface for the purpose of the lot coverage requirement under this chapter since they primarily serve as a stormwater sink. |
INSTITUTIONS: FRATERNAL, BENEVOLENT, RELIGIOUS, AND/OR CHARITABLEshall mean organizations and associations and their buildings which are not operated for profit and which meet for social purposes or some other common interest or pleasure such as assemblage for religious worship and instruction, pursuit of literature, science or politics, brotherhoods, orders and/or societies which promulgate good fellowship and acts of kindness and which perform a social service in providing care and living accommodations for their own members or special groups in society such as homes for the aged and orphanages.
JUNKYARDshall mean the use of more than one hundred (100) square feet of the area of any lot, whether or not inside a building, or the use of any portion of that half of any lot that adjoins any street, for the storage, collection, abandonment, sale, purchase or barter of waste paper, rags, scrap metal, used or discarded material of any nature whatsoever, including material accumulated by virtue of the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
[Ord. #2014-04 S 12]
KENNELshall mean any lot, building, structure or premises on which dogs, cats or any other types of animals are boarded, bred, treated or sold.
LANDshall mean and include improvements and fixtures on, above or below the surface.
LOTshall mean a designated parcel, tract or area of land established by a plat or otherwise permitted by law to be used, developed or built upon as a unit.
LOT AREAshall mean the size of a lot measured within the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot included within a street right-of-way.
LOT CORNERshall mean a parcel of land at the intersection of and fronting on two (2) or more streets.
LOT DEPTHshall mean a horizontal distance between the front and rear lot line, measured from the front line back to the rear line and generally parallel to the side line, provided that for 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 ten (10') feet in length measured between its intersection with the side lot lines. On a corner lot, lot depth shall be measured from its greater frontage and lot width shall be measured from its lesser frontage.
LOT FRONTAGEshall mean that portion of a lot extending along a street line. The minimum lot width and front yard setback shall be required to be related to all lot frontages. On streets with an outside radius of less than five hundred (500') feet, the lot frontage may be reduced to as low as fifty (50%) percent of the required lot width for the district and use. In all other cases the lot frontage shall be not less than the required lot width.
LOT WIDTHshall mean the horizontal distance between the side lot lines measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line, however, the mean lot width shall not be less than the required lot width, and width at the street line shall in no case be less than twenty-five (25') feet.
MAJOR STREETshall mean a primary or secondary arterial street as noted on Figure 7 — Circulation Plan, delineated in the Master Plan, last revised in 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, Bay Avenue and River Road.
[Ord. #2014-04 S 13]
MAP, OFFICIALshall mean a Map adopted in accordance with N.J. 40:55D-32 through 36. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage right-of-way shown thereon.
MASTER PLANshall mean a composite of the mapped and written proposal guiding the physical development of the Borough as adopted by the Planning Board of the Borough pursuant to N.J. 40:55D-28.
MEMBRANE STRUCTUREshall mean a temporary portable shelter enclosed with materials such as canvas or plastic, secured to a supporting metal, plastic or other conduit or poles and secured to the ground with an anchoring system.
MIXED USE BUILDINGshall mean a building which contains both residential and nonresidential uses in a proportion permitted by the Chapter to be developed in conformance with an approved plan establishing the location, type, scale, and intensity of uses.
MOBILE HOMEshall mean a dwelling unit, factory built and factory assembled, designed for conveyance after fabrication, on streets and highways on its own wheels or on flatbed or other trailer and arriving on site where it is to become a dwelling complete and ready for occupancy except for minor incidentals including utility hookups. A prefabricated home shall not be included in this definition.
MOTEL OR HOTELshall mean a building containing units used, rented or hired out to be occupied for sleeping purposes for temporary guests. Five (5%) percent of the rooms may be efficiency units as defined in this Chapter.
[Ord. #2014-04 S 14]
NIGHTCLUBshall mean an establishment which provides food and/or alcoholic beverages to the general public and which is devoted predominantly to entertainment by way of live or electronic means and further which has more than one (1) lineal foot of bar per hundred (100) square feet of floor area.
NONCONFORMING BUILDINGshall mean any building or structure which:
a. Does not comply with all of the regulations of this Chapter governing bulk for the zoning district in which such building or structure is located; or
b. Is designed or intended for a nonconforming use.
NONCONFORMING LOTshall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING STRUCTUREshall mean a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USEshall mean a use or activity which was lawful prior to the adoption, revision or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OCCUPANCY, CERTIFICATE OFshall mean a certificate issued by the Construction Department upon completion of construction on buildings and grounds, which certifies that all requirements of this Chapter and/or such adjustments thereof which may have been granted are in compliance.
OFF-SITEshall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACTshall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITEshall mean located on the lot in question.
ON-TRACTshall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OWNERshall mean the individual, firm, association, syndicate copartnership or corporation in whom is vested the title of the property which is the subject of an application so as to commence and maintain proceedings to obtain approval under this Chapter.
PARKING SPACEshall mean an area provided for the parking of a motor vehicle.
PARSONAGEshall mean the building, including the property it occupies, used to house the officially recognized leader(s) of an organized religious body within the Borough. This term shall include all religious denominations and will include any ancillary use to a church facility.
PARTY IMMEDIATELY CONCERNEDshall mean for purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7 of Chapter 291 of the Laws of New Jersey, 1975.
PARTY INTERESTEDshall mean:
a. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
b. In the case of a civil proceeding in any court or in an administrative proceeding before a Borough agency, any person, whether residing within or without the Borough whose right to use, acquire or enjoy property is or may be affected by any action taken under this act, or under any other law of this State or of the United States has been denied, violated or infringed upon by an action or a failure to act under Chapter 291.
PATIOshall mean a level pre-paved surface normally or customarily used as an exterior sitting area and having no integral structural connection to any building.
PLANNING BOARDshall mean the Municipal Planning Board of the Borough established pursuant to Chapter 291 of the Laws of New Jersey, 1975.
PLATshall mean a map or maps of a site plan or subdivision.
PLAT, FINALshall mean the final map of all or a portion of the subdivision which is presented to the approving authority for final approval in accordance with these regulations, and which if approved shall be filed with the proper County Recording Officer.
PLAT, PRELIMINARY SUBDIVISIONshall mean a reasonably accurate map indicating the proposed layout of a development and related information that is submitted for preliminary appeal in accordance with the provisions of this Chapter.
PLAYGROUNDshall mean any publicly owned land purchased and/or operated for recreational purposes or for the preservation of open space.
PRELIMINARY APPROVALshall mean the conferral of certain rights pursuant to sections 34, 36, and 37 of P.L. 1975, c.291 (C.40:55D-46, C.40:55D-48, C.40:55D-49), prior to final approval after specific elements of a development plan have been agreed upon by the approval authority and the applicant.
PROFESSIONshall mean an occupation, such as: attorneys, artists, architects, authors, doctors and physicians, dentists, land surveyors, ministers, musicians, optometrists, professional engineers, photographers and such other similar professional occupations which would require a degree from a college or higher educational facility, or which may be so designated by the Board of Adjustment, upon finding by such Board that such occupation is truly "professional" in character by virtue of the need for similar training, and experience as a condition for the practice thereof, and that the practice of such occupations shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than would the professional activities listed herein. The granting of a State or local license for the regulation of any such occupation shall not be prima facie evidence of professional standing.
PROFESSIONAL OFFICE, HOMEshall mean the office of a member of a recognized profession herein. When such office is combined with the residence, the office shall be the individual office of only one (1) member, without associates or partners, and with office personnel limited to not more than two (2) persons; the area of the office shall not exceed twenty-five (25%) percent of the total floor area of the building.
PUBLIC DEVELOPMENT PROPOSALshall mean a Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or amendment thereto.
PUBLIC DRAINAGE WAYshall mean the land reserved or dedicated for the installation of storm water sewers and structures or drainage ditches, and swales, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
RECREATIONAL VEHICLEshall mean any kind of motor vehicle built primarily for use by its occupants in the pursuit of leisure time activities, including but not limited to vans, campers and other such vehicles which provide temporary sleeping and/or cooking facilities.
RESTAURANTS AND EATING ESTABLISHMENTSshall mean any establishment, however designated, regularly or principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room, equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment, is conducted. However, a snack bar at a public or a community recreation facility, operated solely by the public agency controlling the recreation facility for the convenience of the patrons of the facility, shall not be deemed a restaurant for purposes of this Chapter.
[Ord. #2014-03 S 1]
RESUBDIVISIONshall mean:
a. The further division of relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
b. 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.
SALES ROOMS, AUTOMOBILEshall mean a place of business where the primary purpose is the sale of new motor vehicles, having a building with showrooms, office space and enclosed repair and maintenance facilities.
SCREEN AND FENCINGshall mean natural and/or artificial barriers designed to act as a visual and sound screen between adjacent properties.
SEDIMENTATIONshall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SERVICES, EMERGENCYshall mean those services which are critical to protect the health, welfare and safety of residents, such as police and fire protection, first aid, etc.
SERVICES, ESSENTIALshall mean facilities installed or maintained by a public utility or governmental agency including gas, electric, phone, water, sewerage and other similar services necessary to provide adequate utility services necessary to the general health, safety and welfare of the public.
SETBACKshall mean the minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side setback line. When two (2) or more lots under one (1) ownership are used, the exterior property lines so grouped shall be used in determining setbacks. In cases of a lot, which access is by private easement, which does not front on a municipal street or right-of-way, the access easement shall be deemed a "street" for purposes of determining setback requirements.
SETBACK LINEshall mean a building line parallel to a lot line delineating the minimum required yard area.
SHOPPING CENTERshall mean a group of commercial establishments planned, developed and managed as a unit in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space, and utilities, and central sanitary disposal facilities.
SIGNshall mean 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, quasi-public, civic, charitable or religious group.
SITE PLANshall mean a development plan of one (1) or more lots on which is shown:
a. The existing and proposed conditions of the lot, including but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways;
b. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
c. Any other information that may be reasonably required in order to make an informed determination by the approving authority.
SITE PLAN, MINORshall mean a development plan of one (1) or more lots which:
a. Proposes new development within the scope of developments specifically permitted by this Chapter as a minor site plan;
b. Does not involve planned development, any new street or extension of any off-tract improvement which is to be pro-rated pursuant to N.J.S.A. 40:55D-42; and
c. 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.
SPACE, OPENshall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
SPACE, OPEN COMMONshall mean an open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development.
SPACE, PUBLIC OPENshall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County Agency, or other public body for recreational or conservation uses.
STANDARDS, GENERALshall mean that which is set up and established by authority as a rule for the measure of quantity, weight, extent, value or quality.
STANDARDS, PERFORMANCEshall mean a measure of performance in relation to standards regulating quantity, weight, extent, value, quality or other.
STANDARDS, REGULATIONSshall mean standards:
a. Regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions, and such other similar matters as may be reasonably required by the Borough;
b. Required by applicable Federal or State laws or municipal ordinances.
STORYshall mean that part of a building between the surface of any floor and the next floor above it, or in its absence, the finished ceiling or roof above it. A split level story shall be considered a second story if its floor level is four (4') feet or more above the level of the line of the finished floor next above it except a cellar.
STORY, HALF OR ATTIC, HABITABLEis defined as an attic which has a legal stair and egress windows. The ceiling area at a height of seven (7') feet above the attic floor is not more than five hundred (500 sf) square feet or one-third (1/3) of the area of the next floor below, whichever is less. The slope of the primary roof may not be less than 5:12.
[Ord. #2014-04 S 1; Ord. #2014-09 S 2]
STREETshall mean a highway, thoroughfare or right-of-way dedicated or commonly devoted to public use for street purposes.
a. Major Streets: The following streets shall be considered major streets: Bay Avenue, Bridge Avenue, Beaver Dam Road, Lakewood Road, River Road, Arnold Avenue, Herbertsville Road, Ocean Road.
b. Minor Streets: All other streets shall be deemed minor streets.
STREET GRADEshall mean the established grade of the front street upon which a lot abuts at the midpoint of the frontage of such lot.
STREET LINEshall mean the dividing line between a lot and the street right-of-way contiguous thereto.
STRUCTUREshall mean any combination of materials forming a construction, the use of which requires location in or upon the ground or attachment to something having a location in or upon the ground, including among other things, buildings, fences, walls, signs, radio towers, swimming pools, light stations and platforms.
SUBDIVIDERshall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings to effect a subdivision of land for himself or for another.
SUBDIVISIONshall mean the division of a lot, tract or parcel of land into two (2) or more lot, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created:
a. Divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size;
b. Divisions of property by testamentary or intestate provisions;
c. Divisions of property upon court order, including but not being limited to judgments of foreclosure;
d. Consolidation of existing lots by deed or other recorded instrument; and
e. The conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown as designated by separate lots, tracts or parcels on the tax map or atlas of the Borough. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJORshall mean any proposed subdivision which would not qualify as a minor subdivision of land shall be a major subdivision.
SUBDIVISION, MINORshall mean a subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision; provided that such subdivision does not involve:
c. The extension of any off-tract improvement, the cost of which is to be pro-rated pursuant to N.J.S.A. 40:55D-42.
TRAILERshall mean any vehicle, mobile home or similar conveyance usually having no permanent foundation other than wheels, jacks or skirting, and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. It shall also include any unit that is not capable of moving on its own power, but rather must be normally, either towed, pulled or pushed, such as boat trailers, landscaping trailers, and cartage trailers.
TRAILER CAMP OR PARKshall mean a number of parked trailers serving as either a temporary or permanent housing project for workers, tourists or other persons.
TRANSCRIPTshall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
UNROOFED PORCH, DECK, ELEVATED PATIO OR TERRACEshall mean a structure rising above the surface of the land upon which it rests or is connected to, without a roof, customarily used as an exterior sitting area or to facilitate an entranceway to a structure, connected or unconnected to a structure on the property.
USE, CHANGEshall mean a change in use from that of one (1) district classification to another, in connection with "alterations."
USE, PERMITTEDshall mean all uses specified in a particular zone, quoted in the section labeled "Permitted Uses" within the text of this Chapter.
USE, PROHIBITEDshall mean uses, specified or not, which are contrary to the intent of the Master Plan, this Chapter and Chapter 291 of the Laws of New Jersey, 1975, N.J.S.A. 40:55D-1, et seq.
VARIANCEshall mean permission to depart from the literal requirements of this Chapter.
VIDEO GAME/AUTOMATIC AMUSEMENT DEVICE FACILITIESshall mean any machine which, upon the insertion of a coin, slug, token, plate, disc or other vehicle, may be operated for use as a game, entertainment, test of skill, or amusement device, whether or not registering a score, including, but not limited to, such devices as marble machines, pinball machines, skeet-ball, mechanical grab machines, video games, and all games, operations or transactions similar thereto, under whatever name they may be indicated, but specifically excluding juke boxes. Video game/automatic amusement device facilities shall be considered, for zoning purposes, as the primary use of an establishment if there are more than two (2) video game/automatic amusement device facilities in the particular establishment. Any establishment having two (2) or less such video game/automatic amusement device facilities shall be considered utilizing same as an accessory use.
WALKWAY OR SIDEWALKshall mean a way for carrying pedestrian traffic, and may be located within the street right-of-way provided for a street or may be located adjacent to a lot line, between lots, and laid out so that it may provide pedestrian traffic along a street or road.
YARD, FRONTshall mean an open, unoccupied space extending the full width of the lot and situated between the setback line and the street right-of-way line of that lot. The term "setback line" shall be synonymous with the rearmost limit of the required front yard area.
YARD, REARshall mean the area created by rear yard setback.
YARD, SIDEshall mean the area created by the side yard setback.
ZONING PERMITshall mean a document signed by the administrative officer:
a. 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
b. Which acknowledges that such use, structure or building complies with the provisions of Chapter XIX, Land Use, or variance therefrom duly authorized by an approving authority.
Editor's Note: Ord. #2014-04 S 3 deleted the definition of Boarding Homes. |