A physical entrance to property.

A single vehicular entrance and/or exit combination between a street and a lot.

A building, structure or use which is customarily associated with and is incidental and subordinate to the principal building, structure or use, and which is located on the same lot therewith. No accessory building or structure, with the exception of a Detached Garage, shall exceed 100 square feet and shall have a maximum height of not more than 10 feet to peak of roof.

The Secretary to the Planning Board, or Secretary to the Zoning Board of Adjustment, as the case may be, unless a different municipal official is designated by ordinance, statute, or by the Mayor to administer certain of the responsibilities and authorities specified for the Administrative Officer in N.J.S.A. 40:55D-1 et seq.

One or more persons designated to represent the applicant before the Planning Board.

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

A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

As applied to a building or a structure means a change or rearrangement of the external structural parts or of the existing facilities, or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another.

The landowner or the agent, optionee, contract purchaser or attorney authorized in writing to act for the landowner submitting an application under this Ordinance.

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

A lot or building used for the sale or hire of automotive equipment. This shall be interpreted to include new and used car dealerships and auto accessory sales rooms but not the sale of junked automotive equipment.

A temporary or portable roof-like covering attached to a frame which is entirely supported by the building or other structure to which it is attached.

An activity provided in an occupied residence in which child care is provided only for a child or children related to the resident care giver, or only for a child or children of one unrelated family, or only for a combination of such children; not being a child care center or family day care home. Babysitting is a permitted accessory use in all Borough residences.

A commercial bank, saving and loan, or savings bank.

Any sign made of paper, plastic or fabric which may or may not possess characters, letters or illustrations.

See Chapter 36 entitled Flood Hazard Areas at § 36-5.

See Chapter 36 entitled Flood Hazard Areas at § 36-5.

The portion of a building that is partly below grade which has more than 1/2 of its height measured from floor to ceiling, above the average finished grade of the ground adjoining the building. A basement shall be counted as a story if used for business or dwelling purposes other than for a janitor employed on the premises.

A principal division of a wall, roof or other part of a building marked off by vertical or diagonal supports.

A portion of a residential dwelling unit containing sleeping accommodations without individual cooking facilities which are used, let or hired out for compensation for the use of temporary guests. A central dining area may be utilized to furnish meals only to the guests.

A room planned or used primarily for sleeping.

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than on a building or the grounds to which the advertising applies. Billboards are prohibited in all zoning districts.

The area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of minimum size required as further specified herein.

The Planning Board or the Zoning Board of Adjustment of the Borough of Wildwood Crest, as the case may be.

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, and/or fences, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.

That portion of a lot lying between required yards and/or setback lines.

A combination of materials to form a construction adapted to a permanent, temporary, or continuous occupancy and having a roof. A houseboat is not defined as a building.

The horizontal plan projection taken at grade level of all covered or roofed areas and uncovered porches or decks on a lot, whether permanent or temporary.

The vertical dimension of a building measured to the highest point of the roof from the base flood elevation or top of curb, whichever is higher.

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements shall be measured to the building line.

A line established by the Governing Body for the construction, erection, building, maintaining and keeping in repair of bulkheads to protect public and private property from encroachment by waters.

The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.

See AWNINGS.

A governmental acquisition of real property or major construction project.

An attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns.

The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion of the paved or graded width.

The portion of a building that is partly or entirely below grade, which has more than 1/2 of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building. A cellar shall be counted in floor area ratio and/or square footage computations if used for business purposes other than for ancillary storage. A cellar shall not be used as a habitable space.

A statement signed by the Construction Official, setting forth that a particular lot or a particular structure may lawfully be occupied for a specific use or uses.

Information which relates to changing events and/or messages relating to the structure and use to which the sign relates.

Any facility which is maintained for the care, development and supervision of six or more children under the age of six who attend the facility for less than 12 hours a day and which offers such programs as day care center, drop-in centers, recreation-type centers sponsored and operated by a County or municipal government, centers serving mildly sick children, centers that had not been licensed by the NJ Department of Human Services prior to the enactment of the Child Care Center Licensing Act of 1984, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant\toddler programs, employment related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth. A child care center shall not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes.

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or trans-shipment points.

An open space area within or related to a site, 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.

Any community residential facility licensed pursuant to P.L. 1977 c. 448 (C. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility, within the meaning of the "Health Care Facilities Planning Act" (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.1 et seq., but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

Any shelter approved for a purchase of a service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

An application for development shall be complete for purposes of commencing the applicable time period for action by the municipal agency. In the event the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board unless: (a) the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and (b) the Administrative Officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of the submission of the application. The applicant may request that one or more of the submission requirements be waived within 45 days. The appropriate Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Planning Board or Zoning Board.

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.

A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this Ordinance and upon issuance of authorization by the Planning Board or Zoning Board, as applicable.

The municipal official specified in the building code and designated as such by the Borough Commissioners responsible for the enforcement of the State Uniform Construction Code.

Tracts of land which share a common boundary.

Development other than planned development.

A composite of the master plan for the physical development of the county in which the municipality is located, 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.

The County Planning Board, as defined in section 1 of P.L. 1968, c. 285 (C. 40:27-6.1), of the County in which the land or development is located.

The ratio of the horizontal area, measured along the outside perimeter of all the exterior walls on all stories or floors, for all principal and accessory buildings on a lot, divided by the entire area of the lot, but excluding chimneys; decks, open porches, and exceptions as may be permitted by this chapter.

The area of all portions of the lot, which are covered by impervious surfaces, as defined, divided by the entire area of the lot.

A space between the floor of the first finished floor and the highest adjacent grade, as defined, containing pipes, ducts, and wiring, and permits access but is an uninhabitable area.

A street with only one outlet and having the other end for the reversal of traffic movement.

A raised margin within the right-of-way of a public street, along the edge of the paved portion of the street, serving the purposes of confining the limits of vehicular traffic; aiding in controlling and guiding stormwater runoff and in defining the areas of a public right-of-way by pedestrian and vehicular traffic.

Calendar days.

A raised exterior floor or platform, either freestanding or attached to a building.

An appropriation or giving up of property to public use, which precludes the owner or others under him from asserting any right of ownership inconsistent with the use for which the property is dedicated.

The number of dwelling units per acre or square footage of residential designated use area for a dwelling unit type or types, computed by dividing the number of dwelling units of that type or types proposed to be built within that residential designated use area or portion thereof by the number of acres devoted to that type or types of dwelling units within that designated use area.

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.

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 excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land for which permission may be required pursuant to this Ordinance.

A development rule or other Borough regulation of the use and development of land, or amendment thereto.

An advisory committee of at least four Planning Board members may be appointed by the Chairman of the Board for the purpose of classifying and reviewing development plans in accordance with the provisions of this Ordinance, and such other duties relating to the land which may be conferred on this committee by the Board.

The removal of surface water or groundwater from the land by drains, grading or other means such as retention or detention basins, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or lands required along a natural stream or water course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

Premises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as the automobile trade, and used for the sale to the public of any product and providing curb and/or window counter service.

A means of ingress and egress for vehicles to and from a property.

Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Dwellings may include but not be limited to the following types:

A group of interrelated rooms or structures, intended or designed for nontransient residential use of one family; separated from other dwelling units by lockable doors; having access to the outside without crossing another dwelling; and, having living and sleeping facilities, cooking facilities, fixed or portable, and complete sanitary facilities for the exclusive use of the occupants thereof.

A right to use the real property of another created by deed or other legal means, for the benefit of private persons or the public, for one or more specific purposes such as access, drainage, conservation, or provision of utility services.

The projecting overhang at the lower edge of a roof.

Any public or private educational institution normally subject to regulations prescribed the State of New Jersey.

A Borough advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.

A description and analysis of all possible direct and indirect effects that development will have on residents and the site itself as well as adjacent and noncontiguous areas.

To build, construct, attach, place, suspend or affix and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of a building, structure or natural surface.

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

One place of business, or one permanent usage.

Any sign whose sole source of artificial illumination is outside the display portion of the sign.

Any sign attached to or painted on the building.

A single individual doing his own cooking and living upon the premises as a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separated housekeeping unit in a domestic relationship based upon birth, marriage or the functional equivalency thereof.

Any private residence approved by the New Jersey Division of Youth and Family Services or an organization with which the Division contacts for family care in which child care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services: (a) the child being cared for is legally related to the provider; or (b) the child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.

A business establishment where food and drink are sold ready for consumption and where customers consume the food and drink either inside or outside the confines of the establishment.

A structure erected as a solid or partially open vertical enclosure or barrier to access to or from a part or whole of a property, including walls, screens or hedges intended to be a "fence."

The design proportioning, and disposition of windows and other exterior openings of a building.

Any establishment servicing motor vehicles with fuel, supplies and accessories, but not major repairs; including establishments designated as motor vehicle service station or gasoline station.

The official action of the Planning Board taken on a preliminarily 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.

The final map of all or a portion of a subdivision which is presented for final approval.

Any structure wherein business of primarily a financial nature is transacted, such as: banks, savings and loans, mortgage companies and similar institutions.

The relatively flat area or low lands adjoining the channel of a river, stream, watercourse, canal, or any body of standing water, which has been or may be covered by flood water.

The aggregate floor area, in square feet, of a building or group of buildings on a lot divided by the area, in square feet, of the lot.

A factor of safety expressed in feet above a flood level for purposes of floodplain management.

A building or enclosed space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on. Said garages shall have solid floors (as opposed to dirt or gravel floors) and shall be limited in capacity to three vehicles and one story or a maximum height of 16 feet. Parking shall only be allowed in front of a garage if the motor vehicle does not encroach upon public property, subject to the requirement that a setback of 20 feet be maintained from the face of the garage to the property line.

A building or enclosed space other than a private garage, for the storage of motor vehicles exclusively or for the storage of motor vehicles at which filling station service, sales of accessories or repairs, other than body and collision repairs and painting and refinishing, are permitted. This term does not include motor vehicle showrooms for new or used motor vehicles.

Any building, premises and land in which, or upon which, a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

The top of the curb at the highest point on the site.

The sum of the gross horizontal areas of the several floors of a building or group of buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. "Gross floor area" shall not include: roof overhangs less than two feet or any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building; areas occupied permanently by mechanical equipment; any space where the floor-to-ceiling height shall be less than seven feet provided such space shall be used only for storage, building maintenance and operation activities; and roofed or enclosed areas devoted exclusively to off-street parking and loading spaces in excess of the number of required by ordinance.

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.

A structure which provides sleeping rental units for temporary occupancy in which the units have access to a common interior hall or passageway.

The enclosed horizontal area of a dwelling unit, measured inside of exterior walls and walls separating units, exclusive of open porches, open breezeways, and attached garages.

Space used in a structure for living, sleeping, eating, or cooking with a minimum ceiling height of seven feet, and a finished floor.

As used herein, is defined as paving and base courses for parking, as follows:

The highest natural surveyed elevation (no fill provided) of the ground surface prior to construction adjacent to the proposed dwelling foundation location.

An occupation conducted in a dwelling unit, which is subordinate to the residential use and meets the criteria established for home occupations in this Ordinance.

A sign that relates to any business or profession conducted within a structure whose primary use is residential and the occupant of that residence conducts the business therein.

A community association, including a condominium association, which is organized in a development in which individual owners have a shared interest in open space and facilities.

A water-borne vessel or boat whether self-propelled or not, fitted with living accommodations, designed and intended to be used primarily for on-site living or business use rather than for navigation and recreational boat uses. Houseboats are not permitted pursuant to this Ordinance.

One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking, and sanitary facilities on a nonprofit basis.

A surface that has been covered with a layer of material or structure so that it is highly resistant to infiltration by water. These surfaces and structures include, but are not limited to buildings, decks, open porches, patios, driveways, sidewalks, swimming pools, tennis courts, and basketball courts, whether constructed of fiberglass, concrete, brick, wood, simulated wood, pavers, asphalt, or any other construction material.

Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey or, 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 right to use, acquire, or enjoy property is or may be affected by any action taken under the provisions of this Ordinance, or whose rights to use, acquire, or enjoy property under the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or this Ordinance, or under any other law of this State or of the United States have been denied, violated or infringed upon by an action or a failure to act under the provisions of this Ordinance.

Includes improvements and fixtures on, above or below the surface.

A completely planted visual barrier (or having equivalent natural growth) composed of evergreen plants and trees and/or shrubs arranged to form both a low-level and a high-level visual screen.

An area of land restricted to landscape elements which may include lawns, plantings, natural features, sculpture, lighting, and pedestrian pathways, but not including motor vehicle parking extending along the entire lot line(s) where they are required. The width of a landscape buffer shall be measured at right angles to the lot line.

An area of land restricted to landscape items which may also include such elements as natural features, earth berms, sculpture, signs, lighting, access-ways, bikeways and pedestrian-ways, but not including motor vehicle parking, extending along the entire lot line where they are required. The width of a landscape area shall be measured at right angles to the lot line.

An off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

A designated parcel, tract or area of land established by a plat, shown on the Borough tax map, or otherwise as permitted by law and to be used, developed or built upon as a unit, including riparian lands.

The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way, including riparian lands.

The length of a line, lying midway between and parallel to side lines or midway between and making equal angles with two converging side lines, between the point of its intersection with the street line and the point of its intersection with a rear lot line.

The distance between the side lot lines measured along the street line, measured at right angles to its depth.

The legal boundaries of a lot as determined on the tax maps or in the records of the Borough Engineer of the Borough of Wildwood Crest, including riparian lands.

The distance between the side lines measured parallel to the front lot line at the minimum front yard setback line.

A lot at the junction of, and abutting on, two or more intersecting streets, where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yard to be designated at the time of application for a development review or a construction permit.

In the case of a lot abutting one street only, the edge of the lot which abuts the street. When a lot abuts two or more streets, the front of the lot is that abutting side which is so designated on the lot plan by the owner; and abutting edges adjacent to the designated front shall be considered as sides of the lot. Any other edge abutting a street, which is not a front or side as above defined, shall also be considered a front.

A lot other than a corner lot.

A lot, other than a corner lot, which extends from one street to another, having frontage on both streets.

Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this Ordinance.

The adding of value to previously processed raw materials by reshaping, reworking, assembly, combining, or other means. Also, manufacturing includes light industrial operations such as electronic machine parts, small component assembly, and commercial laundries, employing more than five people.

A small harbor, inlet or boat basin devoted to the purpose of providing docks, berths, slips or tip-ups for boats and of providing services for boats.

Any hood, canopy, awning, or permanent construction which projects from the wall of a building, usually above an entrance.

A composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55 D-1 et seq.

Municipal Land Use Law.

A sign which is not affixed to the building structure or permanently attached to a freestanding structure.

Any powered two-wheel transportation.

A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, and the performing of repairs. A service station is not a repair garage, body shop, or a car wash.

A low curb with a flat slope designed to be crossed easily without discomfort.

Any traffic lane where traffic movement is the primary, if not sole, function.

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, to prevent weeds from growing, to hold the soil in place, and to aid plant growth.

The Planning Board, Board of Adjustment, or Borough Commission or any agency created by or responsible to the municipality when acting pursuant to this Ordinance.

The Borough of Wildwood Crest.

A building or structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of 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.

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

Any sign lawfully existing on the effective date of an ordinance, or any amendment thereto, which is rendered nonconforming by reason of the adoption, revision or amendment thereof.

A use or activity 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.

An unfinished attic and/or enclosed, unfinished area located below BFE including building access, carport, crawlspace, elevator, private residential garage, stairwell, and storage room; and unenclosed exterior living areas of a building, such as porches, decks, and balconies, which are not enclosed but may have a roof. The height of such areas shall not exceed seven feet.

Any offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by a human being, or the generation of an excessive or concentrated movement of people or things, such as but not limited to noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, debris, litter, trash sites, electronic or atomic radiation, effluent, noise of congregation of people especially at night, vehicular traffic, transportation of things by truck, rail or other means, invasion of non-abutting street frontage by parking, the obscuring or masking of adjacent or nearby property by projecting signs, marquees or canopies, or any adverse effect on value or desirability of nearby property caused by such matters as appearance, exposed storage of inoperable automobiles, junk, materials and neglect or dilapidation of lands or buildings.

A facility operated for the purpose of providing therein lodging, board, and nursing care to sick, invalid, infirm, disabled, or convalescent persons for compensation and duly licensed by all governmental agencies.

Located outside the lot lines of the lot or portions of a lot but within the property (of which the lot is part) which is the subject of a development application or contiguous portion of a street or right-of-way or drainage or utility easement.

Any sign located on a lot other than the lot occupied by the use, event or product which said sign identified.

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.

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 or drainage or utility easement.

A structure where over half the floor area is utilized for the carrying out of consultation, record keeping or clerical work or as a place where a professional conducts his business.

Two or more office buildings with common parking areas.

A space accommodating any or all of the following: executive, general corporate and clerical activities, research and consumer product development connected with service industries, such as financial, insurance, and banking; development of computer software; demographic, economic and statistical research; and activities of a similar character.

The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the County pursuant to N.J.S.A. 40:27-5.

A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 to 40:55D-36.

Any sign, symbol or device erected and maintained by the Federal, State, county or local government agency for the purpose of informing or guiding the public or for the protection of health, safety, convenience and general welfare as determined by the approving authority.

Located on a lot or portion of a lot which is the subject of a development application.

A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

Located on the property which is the subject of a development application or a contiguous portion of a street or right-of-way.

A raised exterior floor or platform roofed and partly enclosed by a railing, forming a covered stoop, landing, deck, or breezeway. Each exterior wall of the porch which is not an exterior wall of the building shall be completely and permanently open to the outside air, except for a small portion of the wall at the top and the bottom, which may be solid, the total area of which when added together, shall be no more than 40% of the wall area. An open porch may be screened.

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

An incorporated, nonprofit organization operating in a planned development under recorded land agreement providing that: each owner is automatically a member; each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the Borough; and each owner and tenant has the right to use the common property.

A subordinate structure on the same lot as the principal structure, separate from but accessory to said principal structure, such as detached garage, carport, greenhouse, work shed, and tool shed.

Construed to include the attorney, purchaser, devisee, fiduciary or a person having vested interest in the property in question.

An off-street, ground level area, usually surfaced and improved for the temporary storage of motor vehicles.

An area not less than nine feet wide and 18 feet in length, either within a structure or in the open for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for dwelling units from being considered off-street parking areas, provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.

An open air paved, wooden or similarly constructed recreation area adjacent to a house; a patio is similar to a porch, but distinguished therefrom by a lack of structural sides, columns and roofs.

Any sign made of paper, plastic or fabric which may or may not possess characters, letters or illustrations.

Any security, in accordance with the requirements of this Ordinance, which may be accepted subject to review and approval by the Borough Attorney in lieu of a requirement that certain improvements be completed prior to final approval of a development application, including performance bonds, letters of credit, escrow agreements and other similar collateral or surety agreements.

Any use of land or buildings as permitted by this Ordinance.

Any association, partnership, corporation, cooperative group, trust or other entity as well as an individual.

Any material that permits full or partial absorption of stormwater into the ground surface.

A structure extending over land or water for use as a docking space or promenade.

The map of a subdivision.

A continuous open area, accessible to the public at all times and designed to receive maximum sunlight containing but not limited to trees and other landscaping, seating, decorative pavement, art work and kiosks.

An open "porch" is a roofed piazza or porte cochere which projects beyond the main wall of the building, the size of which is not to be included in determining the minimum habitable floor area, and must conform to all setback requirements. The columns supporting its roof shall present the minimum of obstructions to the view.

An initial meeting between applicants and/or developers and municipal representatives which affords applicants and developers the opportunity to present their proposals informally.

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

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

A map indicating the proposed layout of a development and related information that is submitted for preliminary approval.

A building in which is conducted the main or principal use of the lot on which said building is located.

The portion of the building which faces the street which generates the most vehicular and pedestrian traffic as determined by the approving authority.

A street that is not publicly maintained or not intended to be publicly maintained.

A member of a recognized profession, such as doctors, ministers, architects, professional engineers, lawyers and such similar professional occupations, as so designated in Title 45 of the New Jersey Statutes Annotated. For the purpose of this article, a barber, plumber, electrician, carpenter, or beautician shall not be considered a "professional."

The office of a member of a recognized profession or occupation, including architects, artists, authors, dentists, doctors, lawyers, veterinarians, ministers, musicians, optometrists, engineers, realtors and such other similar professions occupations which may be so designated by the Board of Adjustment upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein.

The record holder of title.

Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

A master plan, capital improvements program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

A closely regulated private enterprise with an exclusive franchise for providing a public service. For the purposes of this Ordinance, the term "public utility" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps and sanitary landfills.

The majority of the full authorized membership of a municipal agency.

A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailer, trucks campers, camping trailers and self-propelled motor homes.

Any work done on any improvement which: is not an addition to the improvement; and does not change the appearance of the exterior surface.

Repairs when a building permit is required for same.

A development of apartment and/or townhouse residential living units intended exclusively for and solely occupied by persons 62 years of age or older; housing intended and operated for occupancy by at least one person 55 years of age or older per unit, subject to the further condition that 80% of the units must be occupied by at least one person 55 years of age or older, with ancillary and directly related facilities to be primarily used by the residents of the development, including health care services, dining facilities, recreational facilities, and other ancillary facilities deemed appropriate by the reviewing authority and in accordance with the applicable provision of this Ordinance.

Any premises where food is commercially sold for on-premises consumption to patrons seated at tables or counters. Any facility making use of carhop or parking lot service to cars or for the consumption of food to be eaten in said cars or outdoors, shall not be considered a restaurant for the purpose of this article, and shall be deemed to be a drive-in or take-out establishment.

Any retail food establishment such as a restaurant, refreshment stand, snack bar, dairy bar, hot dog or hamburger stand, where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles parked on the premises or off the premises, whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the buildings; however, no transaction may be made on the street or sidewalk.

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, the alteration of streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.

The boundary lines of land used or intended for use as streets, as shown on deeds, plats, or the Master Plan, and from which yard and other requirements shall begin.

Those tidal lands of the State of New Jersey which are now or were formerly flowed by mean high water.

Any building or portion thereof containing sleeping accommodations without individual cooking facilities for compensation for people who are not members of the family as defined in this Ordinance. The term "rooming house" shall be deemed to include lodging house and boardinghouse.

A parabolic or dish-shaped antenna which is constructed or installed out of doors and designated for the purpose of receiving television, radio, microwave, or any other form of electronic signals transmitted or relayed directed from space satellite antennas to such device.

Any public or private institution offering instruction for students up to and through the secondary level.

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

An area extending the full width of the lot between the street right-of-way and the required yard within which no buildings or parts of buildings may be erected.

A line drawn parallel with a street line or proposed street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or proposed street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

A tree in a public space, street, special easement, or right-of-way adjoining a street.

A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

The area outside of the curbline and the straight line connecting (sight points) one located at each curbline at a distance of 25 feet from the corner.

Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag, symbol, or representation which is in the nature of, or which is used as, an announcement, direction or advertisement, for commercial purposes or otherwise. A sign includes any message, neon tube, string of lights, or similar device outlining, hung, painted upon or attached to a part of a building or lot for public view for those outside building, but does not include the flag or insignia of any nation or group of nations, or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, organization, or event.

The area defined by the frame or edge of a sign. When there is no geometric frame or edge to the sign, the area shall be defined by as projected, enclosed, four-sided (straight side) geometric shape which most closely outlines the said sign.

These may include, but not be limited to the following:

The greatest vertical dimension between the top of a sign and the ground.

These may include, but not be limited to the following types:

Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

Any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window, which sign is designed to be visible from the exterior of the window.

The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains, or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure, or object if the location itself possesses historic, cultural, or archeological significance.

A development plan of one or more lots on which is shown: the existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, flood plains, marshes and waterways; 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 any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this ordinance.

Any development plan not classified as a minor site plan.

Any development plan which:

That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purposes of this Ordinance, the interior of any unfinished roof shall not be considered a ceiling. Moreover, cellars and basements shall be considered stories when considering the height of a building. In addition, ground-floor areas, whether open or enclosed, shall be counted as a story regardless of whether or not the ground-floor area contains habitable space.

A space under a sloping roof that has a line of intersection of the roof and wall face not more than one foot above the floor level and in which space the possible floor area with headroom of five feet or more is less than 33% of the total floor area of the story directly beneath.

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way: which is an existing State, County or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this Ordinance; or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and included 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. For the purposes of this Ordinance, streets shall be classified as follows:

Man-made, aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.

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.

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.

The edge of the existing or future street right-of-way, whichever may result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

East and west directional streets are those streets which intersect the north and south directional streets or avenues.

A street that has its only ingress and egress at two points on the same sub-collector or collector street.

North/South streets or avenues include Park Boulevard, New Jersey Avenue, Pacific Avenue, Seaview Avenue, Atlantic Avenue, and Ocean Avenue.

The molding, battens, cappings, nailing strips, latticing, platforms and letters, figures, characters or representations in cut out or irregular form which are attached to the sign structure.

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. Houseboats are not included.

Any change in the structural members of a building such as walls, columns beams or girders.

Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this Ordinance to effect a subdivision of land hereunder for himself or for another.

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: division of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or more in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order including, but not limited to, judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and 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 to conform to all requirements of the municipal development regulations and which are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

Any division of land not classified as a minor subdivision.

Any division of land containing an aggregate of not more than five lots [four new lots and the remaining parcel], each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of Borough facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Maps and/or the street requirements of this Ordinance, unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the Borough or to the appropriate governmental authority prior to classification as a minor subdivision; not involving any required "off-tract" improvements; not adversely affecting the development of the remainder of the parcel of adjoining property; not being a further division of an original tract of land for which previous subdivision(s) have been approved by the Borough within the current calendar year and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision; not involving a planned development; and not being deficient in those details and specifications required of minor subdivisions as specified in this Ordinance. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance as shown on the Borough tax maps. Any readjustment of lot lines resulting in new lots shall be classified as a minor subdivision for purposes of the application submission and review requirements but not for purposes counting whether there has been a subdivision within the current calendar year.

In a motel or multi-family dwelling is two or more rooms intended to be occupied by one family or party and served by one bath and shall not include interconnecting rooms each with bath and separate outside entrance.

A swimming pool, other than a wading pool, whether portable or fixed, that is located on a lot principally used for a single- or two-family residential dwelling. Includes all buildings, structures appurtenant thereto.

Any pool other than a private residential swimming pool designed to be used collectively by persons for swimming and bathing purposes including pools designed as part of any hotel or motel use or apartment or townhouse development.

A swimming pool that is not permanently installed and meets all of the following criteria: does not require water filtration, circulation, and purification; does not exceed 15 inches in depth or a capacity of 300 gallons or less; and does not require braces or supports. Wading pools are not subject to this Ordinance.

A movable trailer or manufactured mobile office which is licensed by the Construction Official to be located on a construction site for a period of time deemed appropriate by the Construction Official given the scope of the construction project.

The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of plant life.

A structure of vehicular, portable design built on a chassis and designed to be moved from one site to another and to be used with or without a permanent foundation, provided, however, that a boat trailer shall not be considered a trailer.

Open space designed and developed to be utilized for the purpose of recreation whether it be park land, ball fields, beaches, waterfront or playgrounds.

The specific purpose for which a parcel of land, 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.

A use which is customarily associated with and subordinate to the principal use of a lot or a building and which is located on the same lot therewith.

The main or primary purpose or purposes for which land and/or structure(s), or use therefor is designed, arranged, or intended or for which they may be occupied or maintained under this article. All other structures or uses on the same lot and incidental or supplementary thereto and permitted under this Ordinance, shall be considered accessory uses.

Permission granted to an applicant for the development by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning provisions of this Ordinance.

Any sign permanently or temporarily attached to a nonoperating vehicle, including but not limited to a car, truck, van or bus.

A ground area, unoccupied space open to the sky except for permitted fences, garden walls, plantings and access-ways, and that portion of any lot extending inward from the lot or street line for the distance required by the district within which the lot is located.

A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this Ordinance.

A ground area, unoccupied except for planting and/or accessways fully open to the sky, between the street line and a line drawn parallel thereto along the front of the building, extending from lot line to lot line.

A ground area, unoccupied except for permitted fences, garden walls, planting and/or access-ways, fully open to the sky, between the rear lot line and a line drawn parallel thereto along the rear of the building extending from lot line to lot line.

Any yard measured between a line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this Ordinance.

A ground area, unoccupied except for permitted fences, garden walls, planting and/or access-ways, fully open to the sky, between any lot line other than a street or rear lot line, and a line drawn parallel thereto along the side of the building, between the front and rear yards.

The Zoning Board of Adjustment as established under this Ordinance.

A finite area of land, as designated by its boundaries on the Zoning Map, through which specific and uniform regulations govern the use of land and/or the location, size and use of buildings.

The amended Zoning Map of the Master Plan (as adopted on October 6, 2005, by Resolution 2005-88) annexed to and made part of this Ordinance, indicating zoning districts.

The municipal official appointed by the Borough Commissioners to carry out the literal provisions of the Zoning Ordinance.

A document signed by the Zoning Officer which either: 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; or which acknowledges that such use, structure or building complies with the provisions of the Municipal Zoning Ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.