[Ord. 7/11/91, § 1; Ord. 10/16/97, § I; Ord. 12/18/97, § I; Ord. 11/15/01, § I; Ord. 12/5/02, § 1; Ord. 3/18/04, § 1; Ord. 5/6/04, § 1; Ord. 5/19/05, § 1; Ord. 10/6/04, § 1; Ord. No. 07-007D, § 1; Ord. No. 08-001D, § 1; Ord. No. 08-011D, § 1; Ord. No. 08-015D, § 1; Ord. No. 09-014D, § 1; Ord. No. 12-007D; Ord. No. 12-013D; Ord. No. 14-011D § 1; Ord. No. 17-009D; Ord. No. 18-005D § 1: Ord. No. 18-006D § 1; 12-15-2020 by Ord. No. 20-016D; 7-13-2021 by Ord. No. 21-006D; 7-13-2021 by Ord. No. 21-009D; amended 9-10-2024 by Ord. No. 24-009D]
Certain words, phrases, and terms in this chapter are defined for the purpose herein as follows:
ACCESSORY BUILDING, STRUCTURE OR USEShall mean a subordinate building, structure or use, the purpose of which is incidental to that of a main building, structure or use on the same lot.
ACCESSORY APARTMENT UNITShall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance. An accessory unit may be created within an existing or new single-family residential dwelling, may be created within an existing or new accessory building on a lot containing a single-family dwelling, or be an addition to an existing single-family dwelling or accessory building.
ADMINISTRATIVE OFFICERShall mean the Zoning Officer of the municipality, unless a different municipal official or officials are designated by ordinances or statute.
ADULT BOOK STOREShall mean an establishment devoted to sale, rental, or distribution of pornographic books, magazines, pamphlets, photographs, motion pictures, phonograph records and video and audio tapes devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality, and other obscene subjects; etc., used in connection with the aforementioned purposes.
AGGRESSIVE SOILSShall mean soils which may be corrosive to cast iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.
AISLEShall mean the travelled way by which cars enter and depart parking spaces.
ALLEYShall mean a public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERATIONS, AS APPLIED TO A BUILDING OR STRUCTUREShall mean a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.
ALTERNATIVE TOWER STRUCTUREShall mean man-made trees, clock towers, bell steeples, light poles, flag poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
AMUSEMENT ARCADEShall mean any place of business containing more than three amusement devices.
AMUSEMENT DEVICEShall mean any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc, ticket, card, key or other such device into a slot, crevice, or other openings, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include but not be limited to such electronically operated game devices, skillball, mechanical games operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables.
ANTENNAShall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
APARTMENTShall mean dwelling unit in a multi-family building.
APPLICANTShall mean a developer submitting an application for development or for a permit required in accordance with this chapter.
APPLICATION FOR DEVELOPMENTShall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
APPROVING AUTHORITYShall mean the Municipal Planning Board and/or Municipal Zoning Board of Adjustment unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
ART GALLERYShall mean a building or portion thereof, in which sculpture, paintings, or other artistic work is displayed but not for sale.
ASCEShall mean the American Society of Civil Engineers.
ASTMShall mean the American Society for Testing Materials.
ATTIC, FINISHED STORAGEShall mean an attic which has an approved stairway as a means of access and egress and in which the ceiling area is at a maximum height of six and one-half (6.5') feet above the attic floor. The storage space may be insulated and sheetrocked, but cannot be conditioned space. The finished storage attic must be outside of the primary thermal envelope.
ATTIC, HABITABLEShall mean an attic which has an approved stairway as a means of access and egress and in which the ceiling area is at a minimum height of seven feet above the attic floor, complies with the minimum area of a habitable room, and is not more than 1/3 the area of the next floor below, which is in accordance with the Adopted Model Code for The State of New Jersey. Habitable attics shall be considered a half story and all finished attic space with a ceiling height of seven feet or greater shall be counted in total floor area.
ATTIC, UNFINISHEDShall mean an attic which may have a stairway or other means of access and egress and has unfinished space between the ceiling assembly and roof assembly, which is in accordance with the Adopted Model Code for The State of New Jersey. The unfinished attic shall be outside the primary thermal envelope.
AUCTION MARKETShall mean any premises on which are held at periodic times, auction sales of merchandise or any other personal property.
AUTOMOBILE SALES AGENCYShall mean a place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without outside sales on the same business premises or immediately adjacent thereto.
AWWAShall mean the American Water Works Association.
BACKHAUL NETWORKShall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
BALCONYShall mean a platform that may or may not project on a building, sometimes supported from below, sometimes cantilevered; enclosed with a railing, balustrade or wall.
BARRIER CURBShall mean a steep-faced curb intended to prevent encroachments.
BASEMENT OR CELLARShall mean an area wholly or partly underground, finished or unfinished. A basement shall have more than 1/2 of its clear height above the average level of the finished grade shown on approved subdivision or site plan; a cellar shall have more than 1/2 it height below grade. A basement shall be calculated as a half (1/2) story but a cellar shall not, except that a basement or cellar with a height greater than ten (10') feet between the floor slab and the bottom of the joist shall be calculated as a half (1/2) story.
BEDROOMShall mean a room or portion of a structure with the principal function of serving as sleeping quarters.
BELGIAN BLOCK CURBShall mean a type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.
BERMShall mean a mound of soil, either natural or man-made used as a view obstruction.
BICYCLE LANEShall mean a lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
BICYCLE PATHShall mean a pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.
BIKEWAYShall mean a pathway designed to be used by bikers.
BILLBOARDShall mean a structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the said sign is located.
BLOCKShall mean the length of a street between two street intersections.
BLOW-OFFSShall mean an outlet in a pipe through which water or sediment can be discharged.
BOARDING OR LODGING HOUSEShall mean any dwelling for hire in which more than two persons are housed or lodged, with or without meals. This definition notwithstanding, a certificate of occupancy is required for any dwelling for hire.
BOATShall mean any boat, jet ski, wave runner, and other watercraft.
BOATHOUSEShall mean an enclosed or partially enclosed accessory structure designed for the storage and/or maintenance of private watercraft. If multiple accessory uses are associated with the structure, the more stringent requirements govern (e.g., cabana, pool house).
BOATYARDShall mean any waterfront facility where docking accommodation and/or land-dry-storage accommodations for any watercraft, such as power boats, sailboats or row boats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.
BUFFERShall mean 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 continuously limit view of and/or sound from the site to adjacent sites or properties.
BUILDABLE AREAShall mean that central portion of any lot between required yards and/or setback lines.
BUILDINGShall mean a structure enclosed with roof, exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
BUILDING AREAShall mean the areas of a tract covered by principal and accessory buildings determined from the projection on a horizontal plane of the limits of the roof, exclusive of unroofed porches, terraces, stoops or steps having vertical faces, which at all points are less than three (3') feet above the ground. A pergola, awning, or similar structure having more than a minimal area and which has the effect of a roof structure shall be considered a roof for the purpose of calculating building area.
BUILDING COVERAGEShall mean the area of a tract covered by buildings and roofed areas. For development sites consisting of more than one lot, maximum building coverage limits shall apply to the entire tract or site as a single parcel or lot.
BUILDING HEIGHTShall mean the vertical dimension measured to the highest point of a building (subject to the exceptions in subsection
22-7.12) from the lowest original lot grade or any revised lot grade shown on a site plan, subdivision plan, or plot plan approved by the Planning Board or Zoning Board of Adjustment when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter. Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height.
BUILDING PERMITShall mean a permit used for the alteration or erection of a building or structure in accordance with the provisions of the Uniform Construction Code.
BUILDING, PRINCIPALShall mean a structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
BULKHEADShall mean a structure separating land and water areas, primarily designed to resist earth pressures.
BULK STORAGEShall mean the stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.
BUSINESS OFFICEShall mean a business establishment which does not offer a product or merchandise for sale to the public, but offers or provides a service, primarily administrative or clerical in nature. Business offices are all those offices which are not professional or medical offices and includes but is not limited to the following:
d. Investment brokerage houses;
e. Banks and trust companies;
f. Advertising or public relations agencies;
g. Computer and data processing;
h. Management and consulting services;
i. Adjustment and collecting services;
j. Consumer credit reporting agencies.
CABANAShall mean an accessory structure enclosed on no more than three sides (with or without windows or screens) with the main open side facing a pool or rear yard. A cabana has a solid roof and may have electricity and/or provisions for an external heat source (e.g., wood or gas burning fireplace).
CALIPERShall mean the diameter of a tree trunk measured in inches, six (6") inches above ground level for trees up to four (4") inches in diameter and measured twelve (12") inches above ground level for trees over four (4") inches in diameter.
CANNABISAll parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. “Cannabis” does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
CANNABIS 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 DELIVERY SERVICEAny licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
CANNABIS 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 ESTABLISHMENTA cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
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. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
CANNABIS 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.
CAPITAL IMPROVEMENTShall mean a governmental acquisition of real property or major construction project.
CAPITAL IMPROVEMENTS PROGRAMShall mean a proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.
CAPPED SYSTEMShall mean a completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.
CARPORTShall mean a covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.
CARTWAYShall mean the actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.
CAR WASHShall mean a facility for the washing and cleaning of automobiles and other motor vehicles using production line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.
CERTIFICATE OF COMPLETENESSShall mean a certificate issued by the Administrative Officer or Approving Authority, as appropriate, after all required submissions have been made in proper form, certifying that an application for development is complete.
CERTIFICATE OF NONCONFORMANCEShall mean a document issued by the Zoning Officer for a nonconforming use or structure existing at the time of passage of the zoning ordinance or any amendment thereto which pursuant to N.J.S.A. 40:55-48, may be continued upon the lot or in the building so occupied. Such certificate may be obtained at the owner's request upon any change of ownership for nonconforming use, structure or lot.
CERTIFICATE OF OCCUPANCYShall mean a certificate issued upon completion of construction and/or alteration of any building; or change in use of any building; or change in occupancy of a nonresidential building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Approving Authority and/or all other applicable requirements.
CHANGE IN USEShall mean:
a. Any increase in the number of dwelling units in a structure which would result in additional units;
b. Any change from a residential use to any nonresidential use;
c. Any change from one nonresidential use to another nonresidential use (excluding changes in tenancy, occupancy or ownership where the use is the same).
CHANNELShall mean a watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHANNELIZATIONShall mean the straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.
CIRCULATIONShall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highway, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
CLUBHOUSEShall mean a building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
COAHShall mean the New Jersey Council on Affordable Housing.
COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMITShall mean a permit issued for specific development within the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in accordance with rules and regulations promulgated thereunder.
COASTAL WETLANDSShall mean the coastal wetlands designated by the New Jersey Wetlands Act of 1970.
CO-LOCATIONShall mean, with respect to wireless telecommunications providers of cellular communication and personal communication services, the joint use by two or more providers of the same site and/or tower for their wireless communications facilities and antennas.
COMMON DEVELOPMENT LINEShall mean a line within a tract or lot which designates the extent of a proposed development or improvements, separate developments within a single tract, or separate stages of development within the tract. Proposed improvements within a tract or site plan shall be shown for the entire tract, on both sides of any common development line.
COMMON OPEN SPACEShall 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. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCEShall mean, for the purposes of this chapter, the same as Dwelling, single-family.
COMPLETE APPLICATIONShall mean an application for development which complies in all respects with the appropriate submission requirements set forth in this chapter, including an application form completed as specified by this chapter and the rules and regulations of the Approving Authority, 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 plat; provided that the Approving Authority may require such additional information not specified in this chapter, 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 Approving Authority. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the Approving Authority, 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 Approving Authority.
CONCEPT PLANShall mean a preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
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 thereof by the Approving Authority.
CONDOMINIUMShall mean an ownership arrangement, not a land use; therefore, it is allowed in any zone and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium is a dwelling unit which has all of the following characteristics:
a. The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
b. The unit may be any permitted dwelling type.
c. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this chapter.
COUNTRY CLUBShall mean a facility for golf, tennis and related recreational uses which may include a club house, restaurant, and incidental lodging for members or guests.
COUNTY MASTER PLANShall mean a composite of the comprehensive plan or Master Plan for the physical development of Monmouth County with the accompanying maps, plats, charts, and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COUNTY PLANNING BOARDShall mean the Planning Board of the County of Monmouth as defined in N.J.S.A. 40:27-6.1.
COURT OR COURTYARDShall mean an unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.
COVERAGEShall mean the same as Lot coverage.
CRITICAL AREAShall mean a sediment-producing highly erodible or severely eroded area.
CUL-DE-SACShall mean a local street with only one outlet and having the other end for the reversal of traffic movement.
CULVERTShall mean a structure designed to convey a water course not incorporated in a closed drainage system under a road or pedestrian walk.
CURBShall mean a vertical or sloping edge of a roadway. See also Belgian block curb, Barrier curb, Mountable curb.
CURB LEVELShall mean the officially established grade of the curb in front of the midpoint of the front lot line.
CUSHIONShall mean supportive or protective bedding materials placed underneath piping.
DAY(S)Shall mean calendar day(s).
DAY CAMPShall mean a licensed, organized and supervised day-time facility used for recreational purposes.
DAY CARE CENTERShall mean the State-certified facility which provides care for children.
DENSITYShall mean the permitted number of dwelling units per gross acre of land to be developed including streets, easements and open space portions of a development.
DESIGN FLOODShall mean the relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.
DESIGN GUIDELINESShall mean guidelines that provide a general framework for sound planning.
DESIGN STANDARDSShall mean standards that set forth specific improvement requirements.
DETENTION BASINShall mean a man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
DEVELOPERShall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENTShall mean the 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 or use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
DEVELOPMENT FEESShall mean money paid by an individual, person, partnership, association, company or corporation related to the improvement of property as permitted in COAH's rules and as required by this chapter.
DEVELOPMENT PERMITShall mean a document signed by the Zoning 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 this chapter or variance therefrom duly authorized by a Municipal Agency.
DEVELOPMENT REGULATIONShall mean this chapter, official map ordinance, or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DEVELOPMENTALLY DISABLEDShall mean experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.
DISTRICTShall mean any part of the territory of the Borough which is designated as a zone on the official zoning map (on file in the Borough Clerk's office) and to which certain uniform regulations and requirements of this chapter apply.
DORMER OR DORMER WINDOWShall mean a structure projecting from a sloping roof usually housing a window or ventilating louver, placed in a small gable.
DRAINAGEShall mean the removal of surface water or groundwater from land by drains, grading or other means and include control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen non-point pollution to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAYShall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1 et seq., State Water Policy Commission.
DRAINAGE SYSTEMShall mean the system through which water flows from the land, including all watercourses, water bodies and wetlands.
DRIVEWAYShall mean a paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.
DROP MANHOLEShall mean a manhole provided for inspection and maintenance of sewers where an incoming sewer is considerably higher than the outgoing.
DROP PIPEShall mean a vertical pipe used to convey sewage from a higher to a lower elevation.
DUMPSTERS AND RECYCLING CONTAINERS AND BINSShall mean a container or bin made of steel or plastic to hold garbage or items to be recycled prior to disposal or pickup and removal from property. Such containers and bins shall only be used by and for the property on which they are stored.
DUPLEXA building or structure designed for and occupied by no more than one family household and is attached to one other similar building or structure by one party wall with each dwelling unit having its own utility services in the same manner as a single-family detached dwelling unit.
DWELLINGShall mean any building or portion thereof designed or used exclusively for one or more dwelling units.
DWELLING, MULTIPLEShall mean a building designed for, or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.
DWELLING, SINGLE-FAMILYShall mean a detached building designed for or containing one dwelling unit. For the purposes of this chapter, "community residences," as defined in N.J.S.A. 40:55D-66.2, shall be considered to be single-family dwellings.
DWELLING, TWO-FAMILYShall mean a detached building designed for, or containing two dwelling units, which are entirely separated from each other by walls, unpierced, except for access to the outside or a common basement or cellar.
DWELLING UNITShall mean a building or part thereof having cooking, sleeping, and sanitary facilities designed for, or occupied by one family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.
EASEMENTShall mean a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
EAVEShall mean the lower border of a roof that joins or overhangs the wall.
EDUCATIONAL USEShall mean public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.
ELEEMOSYNARYShall mean the giving of money and/or services to a charitable or philanthropic organization.
ENVIRONMENTAL COMMISSIONShall mean the municipal Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL CONSTRAINTSShall mean features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.
ENVIRONMENTAL IMPACT REPORT (E.I.R.)Shall mean for the purposes of this chapter, a compilation of studies, reports, documents and finding of fact prepared by an applicant as part of and for a development application. An environmental impact statement meeting the requirements of the N.J.S.A. 13:10 et seq., Coastal Area Facility Review Act, and specifically outlined in Section 7 of said rules and regulations promulgated in compliance with said Act will be accepted in lieu of the E.I.R.
EQUALIZED ASSESSED VALUE (EAV)Shall mean the value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
EROSIONShall mean the detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
EROSION AND SEDIMENT CONTROL PLANShall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District in conformance with N.J.S.A. 40:55-120.
ESCROWShall mean a deed, bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.
ESSENTIAL SERVICESShall mean underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables; and including normal above-ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other government agencies or for the public health or safety or general welfare. Essential services shall not be deemed to include wireless telecommunications towers and antennas.
EXCAVATION OR CUTShall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXCAVATION WORKShall mean the excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to curb, sidewalk, driveway, and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guard rails, or any other public improvement existing within the public right-of-way. For the purposes of this chapter, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. Excavation work shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this chapter including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
EXEMPT DEVELOPMENTShall mean that site plan and/or subdivision 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" (as herein defined).
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 applicable design and zoning district regulations of this chapter.
e. Construction or installation of essential services.
f. 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 chapter.
g. Demolition of any structure or building not listed on the State or National Register of Historic Places or identified as a historic site on the master plan, provided that the demolition does not involve changes to the site outside the limits of the structure or building nor does it create any nonconformity.
h. Construction, additions, or alterations related to a residential bungalow unit in a seasonal bungalow colony located in the H-BP zone district, provided such construction, additions or alterations conform to the standards in subsection
22-5.14.
FAAShall mean the Federal Aviation Administration.
FAMILYShall mean one or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
FARMShall mean any parcel of land, which is used for gain in the raising of agricultural products, livestock or dairy products.
FARM BUILDINGShall mean any building used for the housing of agricultural equipment, produce, livestock, or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this chapter.
FCCShall mean the Federal Communications Commission.
FENCEShall mean a structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.
FENCE, OPENShall mean a fence in which at least 1/2 of the area, between grade level and a line connecting the highest elements of the fence, excluding decorative post caps, is open.
FENCE, PICKETShall mean a traditional-style fence composed of semi-pointed stakes, between one (1") inch and four (4") inches wide, connected by two horizontal members in which at least 1/2 of the area, between grade level and a line connecting the points of the pickets, is open.
FINAL APPROVALShall mean the official action of the Approving Authority taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLATShall mean the final map of all or a portion of the site plan or subdivision which is presented to the Approving Authority for final approval in accordance with the provisions of this chapter, and which if approved shall be filed with the proper County office.
FLAT ROOFShall mean a roof having a continuous horizontal surface with a minimal pitch and arranged to be essentially parallel to the floor plane.
FLOOD OR FLOODINGShall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters; and/or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAINShall mean the relatively flat area adjoining any natural or man-made stream, pond, lake, river, or any other body of water which is subject to a 100 year flood.
FLOODWAYShall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than two-tenths (0.2') foot.
FLOORShall mean a story of a building.
FLOOR AREAShall mean the sum of the areas of the floor or floors of all principal and accessory buildings measured between the inside faces of exterior walls or from the center line of walls common to two structures or uses. For residential uses, the floor area shall be calculated exclusive of the floor area of nonhabitable attics and cellars. 50% of the floor area of basements having a ceiling height seven (7') feet or greater shall be included. For nonresidential uses, the floor areas shall be calculated exclusive of the floor area of nonhabitable attics, and basements or cellars having a ceiling height of less than seven (7') feet. For the purpose of determining required parking, areas used for parking will not be considered floor area.
FLUSHINGShall mean the sum of the floor area of buildings or structures compared to the total area of the site. The maximum floor area ratio permitted is determined by Schedule 5-3A or Schedule 5-3B of the Development Regulations. For development sites consisting of more than one lot, maximum floor area ratio limits shall apply to the entire tract or site as a single parcel or lot.
FLUSHINGShall mean the cleaning out of debris and sediment from pipes by force of moving liquid, usually water.
FUNERAL HOME OR MORTUARYShall mean a funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home or mortuary shall not be considered a "professional office."
GABLE ROOFShall mean a double sloping roof that forms a gable at each end.
GAMBREL ROOFShall mean a double-sided roof having two pitches on each side, where the roof slope is broken by an obtuse angle, so that the lower slope is steeper than the upper slope.
GARAGEShall mean a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.
GARAGE, PRIVATEShall mean an enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.
GARAGE, PUBLICShall mean a building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicle accessories, or where any such vehicles are kept for hire. The rental of storage space for more than two motor vehicles not owned by occupants of the premises shall be deemed a public garage.
GAS STATIONShall mean the same as Motor vehicle service station.
GAZEBOShall mean an open air accessory structure with a solid roof. Removable sun shade or insect screening is permitted. A gazebo may have electricity and/or provisions for an external heat source (e.g., wood or gas burning fireplace).
GENETICALLY ENGINEERED MATERIALShall mean any substance which results from the directed alteration of genetic material through intervention in genetic processing including techniques whereby recombinant DNA is produced and made to function as an organism.
GOLF COURSEShall mean an area of 50 or more contiguous acres containing a full size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures such as, but not limited to: club house facilities, dining and refreshment facilities; swimming pools, tennis courts, and the like, provided that the operation of such facilities is incidental and subordinated to the operation of a golf course.
GRADE, EXISTINGShall mean the existing undisturbed elevation of land, ground, and topography pre-existing or existing on a lot, parcel or tract of land at the time of the adoption of this chapter.
GRADE, FINISHEDShall mean the completed surface of lawns, walks and roads brought to grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.
GRAPHIC CONTENT OF SIGNShall mean all words, letters, numbers, symbols, colors, shapes, etc., which appear on the sign face and are intended to convey a visual message. Total graphic content coverage of a sign shall be measured by computing the area of the smallest geometric figure which can encompass all words, letters, figures which can encompass all words, letters, figures, logos and other elements of the sign message.
GROUND COVERShall mean low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.
GROUND SIGNShall mean any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.
GUTTERShall mean a shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
HABITABLE ROOMShall mean any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings, or assembly lobbies. All habitable rooms within a dwelling unit shall have natural light, ventilation, and heat. Garages, bathrooms, closets, storage areas, hallways, stairs are not considered to be habitable rooms.
HAZARDOUS MATERIALSShall mean including, but not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallorganic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials.
HEALTH CARE FACILITYShall mean the facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate bioanalytical laboratory (except as specifically excluded hereunder), or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.
HEIGHTShall mean, when referring to a wireless telecommunications tower or other structure, the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also definition of Building height.)
HIGH WATER LINEShall mean for the purposes of this chapter a line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection for in accordance with the provisions of "The Wetlands Act," N.J.S.A. 13:9A-1 et seq., said line being established from photographs and each of these maps being on file in the Office of the County Clerk, Monmouth County, New Jersey.
HIP ROOFShall mean a roof which rises by inclining planes from all four sides of a building necessitating a hip rafter at the intersection of the planes to form a pyramidal or elongated pyramidal shape.
HISTORIC DISTRICTShall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITEShall mean any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the master plan as being of historical, archaeological, cultural, scenic or architectural significance.
HOME OCCUPATIONShall mean any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.
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 building, such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition "hospital" shall not include nursing homes, medical care centers and the like.
HOUSEHOLDShall mean the person or persons occupying a dwelling unit.
IESShall mean Illuminating Engineering Society.
IMPERVIOUS SURFACESShall mean a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water.
IMPOUNDMENTShall mean a body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.
IMPROVED PARKING AREAShall mean an area for the temporary location of motor vehicles which has been modified from its natural condition by excavation, fill or structures.
IMPROVED STREETShall mean a street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been improved to the standards specified by the Borough Engineer.
IMPROVEMENTShall mean any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.
INTERESTED PARTYShall 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 Municipal Agency, any person, whether residing within or without the municipality, whose rights to use, acquire, or enjoy property is or may be affected by any action taken under N.J.SA. 40:55D-1 et seq. or under any other law of this State or of the United States have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.
INTERIOR STREET OR ROADShall mean a street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.
INTERNAL STREET OR ROADShall mean a street used for internal vehicular circulation within a tract or development. Major internal streets are those internal streets which have an entrance and/or exit on the access street or right-of-way frontage of the tract. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the Approving Authority and by the Municipal Engineer.
ISLANDShall mean in street design, a raised area usually curbed, placed on guide traffic, separate lanes, or used for landscaping, signing, or lighting.
ITEShall mean Institute of Transportation Engineers.
JETTYShall mean a projection of stone, brick, wood or other material, but generally formed of piles, serving as a protection against the encroachment or assault of the waves and currents.
JUDGMENT OF REPOSEShall mean a judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
JUNK OR SALVAGE YARDShall mean the use of any area and/or structure keeping or abandonment of junk, including scrap metal, glass, paper, cordage, or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or parts thereof, provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural use permitted in any zone. The term "junk yard" as herein defined includes automobile salvage or wrecking yards.
KITCHENShall mean an area used or designed to be used for the preparation of food.
LAKES AND PONDSShall mean natural or man-made bodies of water which normally contain or retain water for extended periods. Ponds are bodies of water with a surface area, measured under 10 year storm conditions, of two acres or less. Lakes are bodies of water with a surface greater than two acres, measured under 10 year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under 10 year storm conditions, as certified by the applicant's licensed land surveyor, and approved by the Municipal Engineer.
LANDShall mean any real property including improvements and fixtures on, above or below the surface.
LAND DISTURBANCEShall mean any activity involving the clearing, grading, transporting, filling of land, and any other activity which causes land to be exposed to the danger of erosion.
LANDSCAPE-LANDSCAPINGShall mean the orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices.
LATERAL SEWERSShall mean pipes conducting sewage from individual buildings to larger pipes called trunk or interceptor sewers that usually are located in street rights-of-way.
LOADING SPACEShall mean an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have clear means of ingress and egress to a public street at all times.
LOTShall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A lot is land occupied or to be occupied by a building, structure and permitted accessory uses, or by a dwelling and its accessory uses together with such open spaces as are specified and required under the provisions of this chapter, having not less than the minimum area required by this chapter for a lot in the zone district in which such a lot is situated, and having the required frontage on a street. For developments encompassing more than one contiguous lot, lot shall mean the same as tract.
LOT AREAShall mean the area, usually expressed in acres or square feet of a lot contained within the lot lines, including any portion of the lot encumbered by easements but excluding any portion of the lot included in any street right-of-way and, for the purposes of meeting minimum lot area requirements, also excluding any portion of the lot subject to a riparian grant or license not filled, graded and stabilized in compliance with subsection
22-7.13.
LOT AREA, USABLE (USABLE LOT AREA)Shall mean lot area reduced by the area of: 1) freshwater wetlands or State open waters; 2) saltwater (tidal) wetlands; 3) any portion of a stream, lagoon or watercourse having a width of eight (8') feet or more from top of bank to top of bank; 4) any portion of a pond with a total water surface area of 5,000 square feet or more; or 5) any portion of a riparian grant or license not filled, graded and stabilized in compliance with subsection
22-7.13.
LOT, CORNERShall mean 1) any lot at the junction of and fronting on two or more intersecting streets, except any lot which does not have the geometrical appearance of a corner lot including, but not limited to, a lot located on a continuous route, although the street names may change, which has an angle of deviation less than forty-five (45ᵒ) degrees; or 2) any lot at the junction of and fronting on an intersecting street and a navigable waterway, which navigable waterway, for the purpose of applying this chapter, shall be considered as a street; or 3) any lot with a continuous street frontage that has geometrical appearance of a corner lot including, but not limited to, a lot with sidelines (or projected sidelines) which have an interior angle greater than forty-five (45ᵒ) degrees and a lot with front lot lines (or the projection of front lot lines or the tangent of front lot lines at the intersection of side lines) which have an interior angle less than one hundred thirty-five (135ᵒ) degrees. Refer to Section
22-7.32.
LOT COVERAGEShall mean the area of a lot covered by buildings and structures and accessory buildings or structures. For the purpose of this chapter, total lot coverage shall include all stone or gravel surface areas excluding the use of stone in association with landscape plantings or vegetative beds, all other impervious surfaces and all parking areas and automobile access driveways and internal roadways, whether covered by an impervious or pervious material, except as indicated on the zone district schedule of regulations. For development sites consisting of more than one lot, maximum lot coverage limits shall apply to the entire tract or site as a single parcel or lot.
LOT DEPTHShall mean the shortest distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall be not less than ten (10') feet in length measured between its intersections with the side lot lines.
LOT FRONTAGEShall mean the distance measured on a horizontal plane between the side lot lines measured along the street line. The minimum lot frontage shall not be less than the required lot frontage except that on curved alignments with an outside radius of less than five hundred (500') feet, the minimum distance between the side lot lines measured at the street line shall not be less than 60% of the required minimum lot frontage. Where the lot frontage is so permitted to be reduced, the lot width at the building setback line shall not be less than the required minimum frontage of the zone district. For the purpose of this chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirements.
LOT LINEShall mean any line designating the extent or boundary of a lot which shall further be defined as follows:
a. Front lot line: A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
b. Rear lot line: The lot line most distant and generally opposite and parallel to the front lot line.
c. Side lot line: Any lot line other than a front or rear lot line.
LOT SHAPE REQUIREMENTShall mean the minimum diameter of a circle, measured in feet, as prescribed for the zone district, which can be located within the envelope delineated by the yards, as required by the zone district for the placement of principal buildings, tangent to the front yard setback line and unencumbered by: 1) freshwater wetlands or required buffer/transition areas; 2) saltwater (tidal) wetlands; 3) any portion of a stream, lagoon or watercourse having a width of eight (8') feet or more from top of bank to top of bank or; 4) any portion of a pond with a total water surface area of 5,000 square feet or more; or 5) any portion of a riparian grant or license not filled, graded and stabilized in compliance with subsection
22-7.13.
LOT WIDTHShall mean the distance between the property side lines measured along the front yard setback line. Unless otherwise specified, lot width shall equal minimum lot frontage.
LOWER INCOME HOUSEHOLDShall mean a household whose income is within the current moderate or low income limits for the Borough's housing region as established by the New Jersey Council on Affordable Housing.
LOWEST FLOORShall mean the lowest level (including basement, crawl space and garage) of the lowest enclosed area.
MAINTENANCE BONDShall mean any security that is acceptable to the governing body to assure the maintenance of approved installations by developers.
MAINTENANCE GUARANTEEShall mean any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter.
MAJOR SITE PLANShall mean any site plan not classified as a minor site plan or exempt site development.
MANHOLEShall mean an inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.
MANNING EQUATIONShall mean a method for calculating the hydraulic capacity of a conduit to convey water.
MANUFACTURED HOMEShall mean 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.
MANUFACTURINGShall mean the treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MARINAShall mean any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats.
MARINE ACTIVITIESShall mean any facilities or activity associated with fishing or boating, either for sport or for commercial gain.
MASSAGE PARLORShall mean any establishment devoted to the providing of massage services to persons not in connection with any medical, osteopathic, chiropractic, prescribed therapeutic or athletic or calisthenic activities.
MASTER PLANShall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.
MAYORShall mean the Mayor of Rumson.
MEDIANShall mean that portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.
MENTALLY ILL PERSONShall mean a person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.
MINOR SITE PLANShall mean a development plan for one or more lots which is (are) subject to development which:
a. Requires site plan approval; and
b. Meets the requirements set forth in Section
22-12 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met, and
c. Meets the following conditions:
1. The construction of drainage facilities is not required either on or off-site.
2. New building construction and/or building additions do not exceed 1,000 square feet of gross floor area.
3. The proposed development does not increase parking requirements by more than five spaces.
4. The proposed development conforms to the performance standards set forth in Section
22-5.
5. The proposed development will not require the issuance of a CAFRA permit.
6. The proposed development does not involve planned development.
7. The proposed development does not involve any new street or the extension of any existing street.
8. The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A 40:55D-42.
9. The proposed development does not involve the disturbance of 5,000 square feet or more of ground area.
MINOR SUBDIVISIONShall mean a subdivision of land for the creation of not more than two lots plus the remainder of the original lot provided such subdivision does not involve: (a) a planned development; (b) any new street; or (c) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that the Approving Authority or the Subdivision Committee of the Approving Authority finds that all the following conditions have been met:
a. That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
b. That the subdivision does not require the extension of municipal facilities at the expense of the municipality.
c. That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
d. That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
e. That the subdivision is not in conflict with any provision or portion of the master plan, official map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).
f. That no portion of the lands involved have constituted a part of a minor subdivision within three years preceding the application.
MIXED-USE DEVELOPMENTShall mean a development containing a combination of uses, with non-residential uses permitted in the district on the first floor and residential units on the upper floors, including market rate residential units, as well as required on-site residential units deed restricted for occupancy by very low, low and moderate income households as defined by UHAC regulations, N.J.A.C. 5:80-26.1 et seq. and COAH Prior Round regulations, N.J.A.C. 5:93-1 et seq.
MLULShall mean Municipal Land Use Law.
MOTOR VEHICLE REPAIR GARAGEShall mean a building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline or new or used automobiles or trucks, in which auto body work or the overhauling or replacement of automobiles, automobile parts, or any portion thereof, is conducted as a business for profit.
MOTOR VEHICLE SERVICE STATIONShall mean any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, washing or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle uses shall be prohibited.
MULCHShall mean a layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.
NEW CONSTRUCTIONShall mean structures for which the "start of construction" commenced on or after the effective date of this chapter.
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 requirements of the zoning district in which it is located by reason 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 a zoning ordinance, 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 reason of such adoption, revision or amendment.
NON-POINT SOURCE POLLUTIONShall mean pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvacultural, mining, construction, subsurface disposal and urban runoff sources.
NURSERY SCHOOL/CHILDCAREShall mean a school or facility designed to provide daytime care of three or more children from birth to six years of age inclusive, and operated on a regular basis.
OCCUPANCYShall mean the specific purpose for which land or a building is used, designed or maintained.
OFFICIAL COUNTY MAPShall mean the map, changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAPShall mean a map adopted by ordinance by the governing body pursuant to N.J.S.A. 40:55D-32 et seq.
OFF-SITEShall mean located outside the lot lines of the lot in question, but within the property limits (of which the lot is a part) which is the subject of a development application. Off-site areas shall include any contiguous portion of a street or right-of-way.
OFF-STREET PARKING SPACEShall mean a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street 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-STREET PARKING SPACEShall mean a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
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.
OPEN SPACEShall 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 other improvements that are designed to be incidental to the natural openness of the land.
OUTDOOR CAFEShall mean a deck, patio, walkway or paved area adjacent to, and operated as accessory to, a legally existing full service restaurant use, where patrons are served and/or consume food or other refreshment.
OWNERShall mean any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land which is the subject of a development proposal.
PARKING AREAShall mean an open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.
PARKING AREA, PRIVATEShall mean an area, other than a street, intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and not used by the general public.
PARKING AREA, PUBLICShall mean a paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free, or as an accommodation of clients or customers.
PARKING SPACEShall mean an off-street space provided for the parking of a motor vehicle exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.
PARTY IMMEDIATELY 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 N.J.S.A. 40:55D-12.
PATIOShall mean an area of land not used for receiving and storing material where the grounds have been surfaced with construction material such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.
PEEP SHOWShall mean any establishment showing to patrons in private or semi-private viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.
PERFORMANCE GUARANTEEShall mean any security, which may be accepted by the municipality including cash; provided that the municipality shall not require more than 10% of the total performance guarantee in cash, in lieu of a requirement that certain improvements be made before the Approving Authority approves an application for development.
PERGOLAShall mean an open air accessory structure with a permanently open roof. Removable sun shades are permitted. A pergola may have electricity and/or provisions for an external heat source (e.g., wood or gas burning fire place). A permanently open roof is 50% open. A pergola with a louvered roof which can open or close to become solid shall be counted towards building coverage.
PERSONAL SERVICESShall mean an act by which skills of one person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.
PERVIOUS SURFACEShall mean any material that permits full or partial absorption of storm water into previously unimproved land.
PESTICIDEShall mean any substance or mixture of substance labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.
PETROLEUM PRODUCTSShall mean oil or petroleum of any kind and in any form including crude oils and derivatives of crude oils, whether alone, as sludge, oil refuse or oil mixed with other wastes.
PLACE OF WORSHIPShall mean a building or group of buildings, congregations, public worship including cathedrals, chapels, churches, meeting houses, mosques, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, and similar type buildings.
PLANNED DEVELOPMENTShall mean planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARDShall mean the Municipal Planning Board established pursuant to N.J.S.A. 40:55A-76. The term Planning Board as used in this chapter also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.
PLANNING BOARD ENGINEERShall mean the licensed New Jersey Professional Engineer specifically retained by the Planning Board or assigned by the Municipal Engineer (with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Municipal Engineer may assume the duties of the office.
PLATShall mean a map or maps of a subdivision or site plan.
PLAT, FINALShall mean the map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. Final plat shall also include and be synonymous with the term final site plan.
PLAT, PRELIMINARYShall mean the plat prepared and submitted to the approving authority as a part of the application for preliminary approval. Preliminary plat shall also include and be synonymous with the term preliminary site plan.
POOL HOUSEShall mean an enclosed or partially enclosed accessory structure associated with the customary use or a swimming pool. A cabana, gazebo, pavilion, pergola or other appurtenance attached to, or within five feet of the pool house shall comply with all the provisions associated with a pool house.
PRELIMINARY APPROVALShall mean the conferral of certain rights pursuant to N.J.S.A. 40:55D-46, -48, and -49 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONSShall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.
PREMISESShall mean a lot or tract of land or any combination thereof held under a single ownership or control.
PROFESSIONAL OFFICEShall mean the office of a member of a recognized profession, which shall include the office of doctors or physicians, psychologists, dentists, optometrists, ministers, architects, professional engineers, professional planners, land surveyors, artists, authors, attorneys, musicians, accountants, insurance agents, real estate brokers and agents, and other offices licensed by the State of New Jersey as professionals.
PROHIBITED USEShall mean that use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A 40:55D-70D would be necessary, in order to provide that use in that particular zone.
PROJECTING SIGNShall mean a sign other than a facade sign suspended from or attached to a building or wall in a manner which is other than parallel to the said building or wall, including a sign hung under the canopy.
PUBLIC AREASShall mean: (a) public parks, playgrounds, trails, paths and other recreational areas; (b) other public open spaces; (c) scenic and historic sites; and (d) sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSALShall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAYShall mean 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 non-point pollution.
PUBLIC OPEN SPACEShall mean an open space area conveyed or otherwise dedicated to the Borough, a Municipal Agency, Board of Education, Federal, State, or County agency, or other public body for recreational or conservational uses.
PUBLIC UTILITYShall mean any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to R.S. 48:2-13.
QUADPLEXA building or structure designed for and occupied by not more than one family household and is attached to three similar buildings or structures by not more than two party walls with each dwelling unit having its own utility services in the same manner as a single-family detached dwelling unit.
QUORUMShall mean the majority of the full authorized membership of an Approving Authority.
RADIOACTIVE USEShall mean any natural or artificially produced substance or combination of substances which emits radiation spontaneously.
RECHARGEShall mean the replenishment of underground water reserves.
RECREATION AREAShall mean facilities and open space areas set aside, designed and/or improved, and used for recreation purposes, and may include, but shall not be limited to, playfields, golf courses, playgrounds, swimming pools, tennis courts, and other court games, tot lots, parks, picnic areas, nature preserves, boating and fishing areas and facilities.
RECREATIONAL VEHICLEShall mean a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.
RECYCLINGShall mean any product that is collected and then reused or resold or repurposed.
RESIDENTIAL BUNGALOW UNITShall mean an individual seasonal residential dwelling unit located within a seasonal residential bungalow colony.
RESIDENTIAL DENSITYShall mean the number of dwelling units per gross acre of residential land including areas used for streets, easements and/or open space portions of a development.
RESIDENTIAL RECREATION FACILITYShall mean a customary accessory use and/or structure incidental to and located on the same lot as a detached single-family principal dwelling comprised of any area, structure or combination of structures arranged to accommodate court games; athletic practice or competition; exercise; yard games; recreation or play equipment and/or improved with a playing surface to accommodate any recreational use, but shall not include lawn or paved areas used for recreation if only temporary or portable markings, equipment or structures, which are removed after daily use, are utilized. Uses and/or structures normally associated with team sports such as, but not limited to, greater than half-court basketball, rugby, lacrosse, baseball, softball, field or ice hockey, football or soccer are not considered customarily incidental to a detached single-family principal dwelling.
RESIDENTIAL SPORTS FACILITYShall mean a particular type of residential recreation facility (as herein defined) comprised of any area, structure or combination of structures arranged to accommodate court sports including, but not limited to, tennis, paddle tennis, handball, and half-court (or smaller) basketball.
RESTAURANTShall mean any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, park, or swimming pool operated solely by the agency or group operating the recreation facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-INShall mean an establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for takeout or consumption on the premises but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
RESUBDIVISIONShall mean: (a) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or (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 by other instrument.
RETAINING WALLShall mean a structure more than eighteen (18") inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
RETENTION BASINShall mean a pond, pool or basin used for the permanent storage of water runoff.
REVETMENTShall mean a facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.
RIGHT-OF-WAYShall mean a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.
SAND DUNESShall mean naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
SATELLITE DISH ANTENNA OR SATELLITE ANTENNAShall mean a parabolic reflector antenna which is designed for the purpose of receiving signals from and/or transmitting signals to a transmitter relay located in planetary orbit.
SCHOOLShall mean the same as educational use.
SCREENShall mean a structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
SCSShall mean Soil Conservation Service.
SEASONAL RESIDENTIAL BUNGALOW COLONYShall mean a grouping of residential bungalow units to be occupied on a seasonal basis within a single tract of land. Seasonal occupancy shall be limited to the months of April through October, all recognized State or Federal holidays, and weekends (Friday through Sunday).
SEAWALLShall mean a wall or embankment to resist encroachment of the sea.
SEDIMENTShall mean solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.
SEDIMENT BASINShall mean a barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.
SEDIMENTATIONShall mean the transport and depositing of solid material by water.
SEPTIC SYSTEMShall mean an underground system with a septic tank used for the decomposition of domestic wastes.
SEPTIC TANKShall mean a water-tight receptacle that receives the discharge of sewage.
SETBACKShall mean 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.
SEWERShall mean any pipe conduit used to collect and carry away sewage or storm water runoff from the generating source to treatment plants or receiving streams.
SHADE TREEShall mean a tree in a public place, street, special easement, or right-of-way adjoining a street.
SHOPPING CENTERShall mean an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of 20,000 square feet.
SHOULDERShall mean the graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.
SIDEWALK AREAShall mean a paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.
SIGHT TRIANGLEShall mean the triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street lines.
SIGNShall mean any writing (including letter, work or numeral) pictorial presentation (including illustration), decoration (including any material or color forming an integral part of other sign elements or used to differentiate such decoration from its background), emblem (including device, symbol or trademark), flag (including banner, balloon or pennant), or any other device, figure, logo, or similar character which:
a. Is located and maintained as a freestanding structure or any part of a structure, or located and maintained on a building or other structure or device by being placed, installed, attached, affixed, fastened, pasted, posted, painted, printed, nailed, tacked or in any other manner thereon or thereto; and
b. Is used to announce, direct attention to, identify or advertise; and
c. Is visible from outside any building or structure; and
d. Is illuminated or non-illuminated.
SIGNABLE AREAShall mean that portion of a building fronting on a public roadway or public parking facility extending from the finished grade of the building to the bottom of the lowest second floor window sill or to a height of twenty (20') feet whichever is less, and along the entire length of the building which fronts the public street or public parking facility.
SIGN FACEShall mean the area made available by a sign structure for the purpose of displaying a message.
SIGN SETBACKShall mean the horizontal distance between a sign measured from the nearest portion of the sign, and any front, side or rear lot line.
SIGN WITH BACKINGShall mean any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.
SIGN WITHOUT BACKINGShall mean any word, letter, emblem, insignia, figure or similar character, or group thereof, that is neither backed by, incorporated in or otherwise made part of any larger display area.
SITEShall mean any plot, parcel or parcels of land.
SITE PLANShall mean a development plan of one or more lots on which is shown (a) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways; (b) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and (c) any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Approving Authority adopted pursuant to N.J.S.A 40:55D-37 et seq.
SOILShall mean all unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.
SOIL CEMENTShall mean a mixture of portland cement and locally available soil. It serves as a soil stabilizer.
SOIL CONSERVATION DISTRICTShall mean the Freehold Soil Conservation District, a governmental subdivision of the State which was organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A 4:24-2 et seq.
SOLID WASTEShall mean garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.
STABILIZED TURF OR EARTHShall mean turf, or earth (soil), strengthened usually by the mixing of cement or lime with the original material to achieve increased strength, thereby reducing shrinkage and movement.
STANDARDS OF PERFORMANCEShall mean standards, requirements, rules and regulations adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels, glare, airborne 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 municipality or required by applicable Federal or State laws or Municipal Agencies.
STEEP SLOPESShall mean areas where the average slope exceeds 15% which, because of this slope, are subject to high rates of storm water run-off and erosion.
STORM WATER DETENTIONShall mean a provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.
STORYShall mean that portion of a building between a floor and ceiling, excluding cellars.
STORY, HALFShall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story. Additionally, the floor area under a sloping roof in which the ceiling height is five feet or less shall not occupy less than 40% of the total floor area directly beneath it. A basement and/or habitable attic shall also be included as a half-story.
STREAM CORRIDORSShall mean those areas which include the floodway and permanent channel of brooks and streams.
STREETShall mean any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way: (a) which is an existing State, County or municipal roadway; or (b) which is shown upon a plat heretofore approved pursuant to law; or (c) which is approved by official action as provided by N.J.S.A. 40:55D; or (d) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of an Approving Authority and grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET FURNITUREShall mean man-made, above-ground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.
STREET HARDWAREShall mean the mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.
STREET HIERARCHYShall mean the conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.
STREET LINEShall mean the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curb line, or edge-of-pavement line. On a street or highway shown on the adopted master plan of the Borough of Rumson, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point twenty-five (25') feet from the center line of the existing pavement.
STREET, LOOPShall mean a street that has its only ingress and egress at two points on the same subcollector or collector street.
STREET, UNIMPROVEDShall mean a street that does not have an all-weather pavement. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally, any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the event that the Construction Official or other Borough official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the Borough Engineer for his evaluation and written determination.
STRIPPINGShall mean any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
STRUCTUREShall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land and including, among other things: display stands; fences and walls, gasoline pumps, gates and gate posts, mobile dwellings, outdoor bins, pergolas, platforms, pools, porches, reviewing stands, sales stands, signs, stadiums, staging, standpipes, tennis courts, tanks of any kind, tents, towers of any kind, including radio and television towers and antennae trellises. The word "structure" shall be construed as though followed by the words "or part thereof."
SUBDIVIDERShall mean any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
SUBDIVISIONShall mean the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. 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 Approving Authority to be for agricultural purposes where all resulting parcels are five acres or larger in size; (b) divisions of property by testamentary or intestate provisions; (c) division of property upon court order including, but not limited to, judgments of foreclosure; (d) consolidation of existing lots by deed or other recorded instrument; and (e) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the development regulations contained in this chapter for frontage on an improved street, zoning district regulations, and for design standards and improvement specifications; and further provided that each lot, tract, or parcel of land is shown and designated as separate lots, tracts, or parcels on the official tax map of the Borough. Those adjoining lots, tracts, or parcels of land shown on the official tax map of the Borough which are owned by the same person or persons but which individually do not conform to the zoning district regulations and/or which do not meet the required frontage on an improved street shall be treated under this chapter as a single parcel of land no portion of which may be conveyed without subdivision approval as prescribed by this chapter. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION AND SITE PLAN COMMITTEEShall mean a committee appointed by the Chairperson of the Approving Authority for the purpose of reviewing, commenting and making recommendations with respect to subdivision and site plan applications and having the power to approve minor site plans and subdivisions. Only those Committee members who are members or alternates of the Board having jurisdiction to act have the power to vote on a matter involving a minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and N.J.S.A. 40:55D-47.
SUBGRADEShall mean the natural ground lying beneath a road.
SUBSTANTIVE CERTIFICATIONShall mean a determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein.
SURFACE WATERSShall mean those waters that fall on land or arise from springs and diffuse themselves over the surface of the ground following no defined course or channel.
SWIMMING POOL, ABOVE-GROUNDShall mean any swimming pool with sides that are not flush with the ground. Hot tubs, jacuzzis and children's wading pools shall not be considered above-ground swimming pools.
SWIMMING POOL, COMMERCIALShall mean a swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel, or apartment development.
SWIMMING POOL, PRIVATEShall mean a swimming pool located on a single family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.
SYNTHETIC TURFShall mean any man-made product of various synthetic carpetlike materials made to resemble natural grass and used as lawn in residential or commercial uses. Synthetic turf shall count towards lot coverage and shall require a drainage system designed in accordance with Section
16-2 Stormwater Management and Control.
TIDELANDSShall mean lands which are washed by tidal flows in accordance with the N.J.D.E.P. Tideland Council maps which are on file with the N.J.D.E.P. and Borough Clerk.
TOPSOILShall mean the original upper layer of soil material to a depth of six (6") inches which is usually darker and richer than the subsoil.
TOWERSee Wireless telecommunications tower.
TOWNHOUSEA building or structure designed for and occupied by no more than one family household and is attached to two or more similar buildings or structures by not more than two party walls with each dwelling unit having its own utility services in the same manner as a single-family detached dwelling unit.
TRACTShall mean an area of land consisting of one or more contiguous lots under single ownership or control, used for development or for a common purpose. Tract is interchangeable with the words, "development area," "site" and "property."
TRANSCRIPTShall mean a typed or printed verbatim record, or reproduction thereof, of the proceedings of the Approving Authority.
TREEShall mean any living deciduous or coniferous (evergreen) tree which is six (6") inches in caliper or greater, with a normally anticipated mature height of twenty (20') feet or greater.
TREE, STREETShall mean any deciduous hardwood shade tree located within the Borough or County right-of-way.
TRIPShall mean a single or one-way vehicle movement to or from a property or study area. Trips can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.
TRIPLEXA building or structure designed for and occupied by not more than one family household and is attached to two similar buildings or structures by not more than two party walls with each dwelling unit having its own utility services in the same manner as a single-family detached dwelling unit.
ULIShall mean Urban Land Institute.
USEShall mean the specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCEShall mean permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, and N.J.S.A. 40:55D-70c and 70d.
VERY LOW, LOW AND MODERATE INCOME ACCESSORY APARTMENT UNITShall mean an accessory unit deed restricted for occupancy by a very low, low or moderate-income household as defined by Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and New Jersey Council on Affordable Housing (COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq.
WALLShall mean for the purposes of subsection
22-7.25 a type of closed or solid fence made of masonry, stone or some similar building materials.
WALL SIGNShall mean any sign which is affixed to an exterior wall of any building, not projecting more than one (1') foot beyond the building wall.
WAREHOUSEShall mean any structure designed for or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini, or other form of commercial warehouse activities.
WATERCOURSEShall mean channel or canal for the conveyance of water, particularly drainage lands.
WETLANDS (NON-TIDAL OR FRESHWATER)Shall mean an area regulated by the New Jersey Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
WETLANDS (TIDAL)Shall mean areas known as marshes, swamps or other lowland subject to tidal action or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one (1') foot above local extreme high water and of which vegetation unique to tidal marches, swamps or lowlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey State Wetlands.
WINDOW SIGNSShall mean a sign which is part of or affixed or attached to the interior or exterior of a window or otherwise part of a window and located within eighteen (18") inches of the interior of the window and which can be seen from a public street or public parking facility.
WIRELESS TELECOMMUNICATIONS TOWERShall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
WOODED AREASShall mean any area within a tract covered by trees, woods or forests, including closely grouped or stands of 10 or more mature or specimen trees of six (6") inches caliper or greater; or individual shade and specimen trees of twelve (12") inches caliper or greater, or individual ornamental trees of four (4") inches caliper or greater.
YARDShall mean the space which lies between a building or structure and a lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. Yards will be identified as either front yard, side yard, or rear yard.
YARD, FRONTShall mean a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building or structure. The depth of the front yard shall be measured at right angles to the front line of the lot.
YARD, REARShall mean a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a building or structure. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.
YARD, SIDEShall mean a yard between the side line of the lot and the nearest line of a building or structure and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONEShall mean the same as District.
ZONING BOARD OF ADJUSTMENTShall mean the Board established pursuant to N.J.S.A. 40:55D-69 and this chapter. The term Zoning Board of Adjustment as used in this chapter also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.
ZONING BOARD OF ADJUSTMENT ENGINEERShall mean the licensed New Jersey Professional Engineer specifically retained by the Zoning Board of Adjustment (or assigned by the Municipal Engineer with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of the Zoning Board of Adjustment Engineer, the Municipal Engineer may assume the duties of the office.
ZONING OFFICERShall mean the municipal official designated to enforce the provisions of this chapter.