A.
For purposes of Longport Development Regulations,
the word "person" includes a firm, association, organization, partnership,
trust, company or corporation as well as an individual. The present
tense includes the future; the singular number includes the plural;
and the plural includes the singular. The word "shall" is mandatory.
The word "may" is permissive. The words "used" and "occupied" include
the words "intended, designed or arranged to be used or occupied."
The word "zone" includes the word "district" and "district" includes
"zone."
B.
The term "such as" shall be considered as introducing
a typical or illustrative designation of items and shall not be interpreted
as constituting a complete list.
C.
Words not herein defined shall have the meaning given
in N.J.S.A. 40:55D-1 et seq., or otherwise in Webster's Unabridged
Dictionary. Unless otherwise stated in context, words and phrases
set forth in the following section shall have the meanings therein
given.
As used in the Borough Development Ordinances,[1] the following terms shall have the meanings indicated:
A building housing an accessory use which has exterior walls,
a fixed roof, and is utilized for the temporary storage of equipment
or material. Pool and bath houses are permitted which consist only
of bath and changing facilities without the capability of cooking
facilities, heat, or temporary housing of occupants. An accessory
building shall not include landscaping or garden furniture. It shall
include playground equipment. Housing of trash facilities for residential
or commercial properties shall be deemed accessory buildings. HVAC
and pool/spa equipment shall be deemed accessory structures and shall
meet the setbacks required for accessory buildings and uses. No accessory
buildings or uses shall be permitted within any front yard setback.
[Added 10-15-1997 by Ord. No. 97-17]
A subordinate use to that of the main use or building on
the property which meets the uses as follows:
[Amended 10-15-1997 by Ord. No. 97-17]
The Secretary of the Planning Board in the case of matters
involving the Planning Board; the Secretary of the Board of Adjustment
in the case of matters involving the Board of Adjustment; the Municipal
Clerk in the case of matters involving the governing body; and the
Zoning Officer in the case of matters involving the issuance of zoning
permits, certificates of occupancy and Zoning Ordinance enforcement.
An existing road right-of-way as indicated on the Taxing
Maps of the Borough of Longport, which act as service road connectors
between Atlantic Avenue and Beach Terrace between 12th Avenue and
24th Avenue and have a right-of-way of less than 40 feet. An "alley"
shall also include Beach Terrace and Ocean Breeze Terrace as it exists
on the Taxing Maps between 12th Avenue and 24th Avenue. For the purposes
of this chapter, no new alleys shall be permitted.
A developer submitting an application for development.
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 for the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-35.
The Longport Borough Planning Board, unless a different agency
is designated by ordinance, when acting pursuant to the authority
of N.J.S.A. 40:55D-1 et seq.
A story of a building that is partly underground, having
more than 1/2 of its interior height, measured from the floor to the
finished ceiling, below the average finished grade of the ground adjoining
the building.
The length of one side of the street between two adjacent
street intersections.
The Board established pursuant to N.J.S.A. 40:55D-69.
Building Officials and Code Administrators Basic Codes, as
currently amended.
The combination of materials to form a structure adapted
to permanent, temporary or continuous occupancy by persons, animals
or chattels and having a permanent roof. The term "building" shall
include "structure" and the term "structure" shall include "building."
That percentage of the lot covered by the principal and accessory
building.
The vertical dimension of a structure or building measured
from the minimum first-floor elevation of the habitable portion of
the structure or building to the highest point of coping for a flat
roof or the highest gable of a pitched or hip roof. For both existing
and proposed structures or buildings, the first-floor elevation shall
not be considered higher than four feet above the base flood elevation
for the lot as depicted on the adopted Digital Flood Insurance Rate
Map (DFIRM).
[Amended 7-17-2006 by Ord. No. 2006-12; 8-22-2018 by Ord. No. 2018-14; 4-19-2023 by Ord. No. 2023-09]
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard in the district under
consideration. In the case of a lot abutting two or more streets,
required front yard setbacks from all streets shall be observed.
A building in which is conducted the principal use of the
lot on which said building is situated.
A governmental acquisition of real property or public funding
of major construction.
A document which shall be deemed to authorize and be required
for each occupancy and use of the building or land to which it applies
and shall continue in effect only so long as such building and the
use thereof and the use of such land are in full conformity with the
requirements of the Borough of Longport development regulation and
any requirement made pursuant thereto. A certificate shall only be
issued by the Construction Official upon completion of construction
or alteration or prior to any changes in occupancy of a building or
land and only after the Zoning Officer is satisfied that said construction
or change is in full compliance with the requirements of the municipality's
development regulations or a determination of a municipal agency.
Maintenance of a valid certificate of occupancy shall be the responsibility
of the property owners.
The system, 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 for the handling of people and goods by such means
as terminals, stations, warehouses and other storage buildings or
transshipment points.
The use permitted in a particular zone district only upon
a showing that such use in a specified location will comply entirely
with the conditions and standards for the location and operation of
such use as contained in the Zoning Ordinance[2] of the Borough of Longport and upon the issuance of an
authorization therefor by the approving authority. Any conditional
use which does not meet all of the conditions as specified in the
Zoning Ordinance shall constitute a use variance.
A composite of the Master Plans for the physical development
of Atlantic 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. 40:27-1.
The Atlantic County Planning Board.
A street end treatment closed at one end and having a minimum
forty-foot cartway radius turning area at the closed end.
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in the 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; any
excavation or landfill; any use or change in use of any building or
other structure or land; or the extension of use of land for which
permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
A zoning ordinance, subdivision ordinance, site plan ordinance,
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.
The Division of State and Regional Planning in the Department
of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff to minimize
erosion and sedimentation during and after construction or development
as well as structures or works necessary for the prevention or alleviation
of flooding.
The lands required for the installation of stormwater sewers
and/or drainage ditches or required along a natural stream, swale
or other watercourse for preserving the channel or drainageway and
providing for the flow or passage of water therein to safeguard the
public from flood damage in accordance with the provisions of the
Zoning Ordinance of the Borough of Longport and applicable state regulations
and laws. All drainage rights-of-way shall be a minimum of 10 feet
in width.
A building designed or used primarily for family residence
having a permanent kitchen and bathroom facility for each family unit.
The word "dwelling" shall not include boarding or rooming houses,
hotels, motels or other structures designed or used for transient
residence.
A building on a lot designed for more than two dwelling units
and provided with common spaces and facilities.
A building on a lot designed and occupied exclusively as
one dwelling unit.
A building on a lot designed for two dwelling units independent
of each other.
A building or part of a building used as a dwelling for a
single-family, including equipment for cooking or provisions for the
same and bathroom facilities.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The detachment or movement of soil and rock fragments by
water, wind, ice or gravity.
Structures and physical improvements, whether publicly or
privately owned, necessary to permit the orderly development of an
area, including such facilities as streets, water, sewerage, gas,
telephone or electric lines, supporting structures such as manholes
and catch basins, pumping stations, solid waste collection stations,
transformer stations and utility poles, but not including generating
or storage plants, processing stations, maintenance yards, administrative
headquarter facilities or housing or quarters for installation, repair
or trouble crews.
Any act by which soil is cut into, dug, uncovered, removed,
displaced or relocated.
Any number of persons living and cooking together as a single
housekeeping unit, but not including more than six persons unrelated
by blood, marriage or adoption.
A structure which permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and the property.
The official action of the Planning or Zoning Board taken
on preliminarily approved major subdivisions or site plans after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guaranties properly posted for their completion, or approval conditioned
upon the posting of such guaranties.
The final map of all or a portion of a subdivision which
is presented to the Planning or Zoning Board for final approval in
accordance with Longport Development Regulations and which, if approved,
shall be filed with the proper county recording officer.
The sum of the total horizontal areas of the several floors
of the principal commercial structure on a lot, excluding basement
space unless designed to be used for customary visits by the commercial
clientele, but including the area of permanently roofed porches and
terraces. All dimensions shall be measured between exterior wall faces
or from the center line of party or common walls.
An area fully enclosed by the inside surfaces of permanent
walls, windows, doors and partitions and having a headroom in conformance
with the International Building Code, NJ Edition, or International
Residential Code, NJ Edition, as applicable, including living, eating,
cooking, sleeping, storage, circulation, service, utility and other
related household spaces, but excluding garages, carports, porches,
unheated sheds and basements. Attics or portions thereof will be considered
habitable floor area when they are in compliance with the International
Building Code, NJ Edition, or International Residential Code, NJ Edition,
as applicable.
[Amended 4-19-2023 by Ord. No. 2023-09]
Floor area ratio shall be determined by dividing the sum
total of habitable floor area as defined in this section, for each
level of the structure by the total upland area of the lot. In this
calculation, there shall be the following exemption and/or qualifications
in the habitable floor area calculation:
[Added 1-16-2013 by Ord. No. 2012-19; amended 9-18-2013 by Ord. No.
2013-17]
Any detached or attached designated garage area is exempted.
Any detached accessory structure utilized for storage or equipment
purposes is exempted.
Any area below FEMA base flood elevation utilized solely for
building access and not exceeding 100 for stairs or 125 square feet
for stairs and elevator is exempted.
Above FEMA base flood elevation, the area allocated to stairways
or stairways with elevator shall be included as habitable area for
the first floor only. Above the first floor, a maximum exemption in
habitable area per floor shall be 100 square feet for stairs only
or 125 square feet for stairs and elevator.
Either a detached building or separate portion of a structure
dedicated to the purpose of providing compliance with the off-street
parking requirements of the developmental regulations. In order to
be considered a garage, the structure must meet the interior special
dimensions as required in the developmental regulations and a dedicated
first floor height of a least seven feet for said vehicle. Structures
not necessary to meet off-street parking space requirements shall
be considered accessory/storage structures and required to meet accessory
building standards.
[Amended 1-16-2013 by Ord. No. 2012-19]
A building or portion thereof accessory to the principal
building on a lot, being roofed over and having three walls, designed
or used primarily to provide for the storage of not more than three
motor vehicles and in which no occupation, business or service for
profits is carried on.
A nonhabitable, movable decoration constructed entirely for
aesthetic purposes within a garden or lawn area, i.e., birdbaths,
fountains, planter boxes, benches or chairs, gazebos, and decorative
structural or arboreal fencing. Garden furniture shall meet the minimum
setbacks for accessory structures and uses.
[Amended 10-15-1997 by Ord. No. 97-17]
Illumination from a source of light producing a reading of
50 or more on a standard Weston photographic light meter or its equivalent
at a distance of three feet from the public right-of-way, or a reading
of 0.5 or more when such meter or its equivalent is held anywhere
on a residential property line.
The Board of Commissioners of the Borough of Longport.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of the nation,
state or community and so designed pursuant to law.
An occupation or profession which is clearly incidental to
the use of the lot and dwelling for residential purposes; is carried
on by members of the family residing on the premises; does not involve
regular customer or patient visitation; does not involve any person
other than a family member working on the premises; does not occupy
more than 20% of the principal residential structure nor more than
300 square feet of any accessory structure; does not have any exterior
evidence of such secondary use; does not include the storing of any
stock-in-trade outside a principal or accessory building; and does
not include any external operations except those customary to residential
buildings.
Material that contributes to the increase in surface water
runoff from a site through the elimination or restriction of percolation
into the soil. Materials which shall be calculated as impervious in
the determination of lot coverage shall be wood, concrete, steel,
asphalt, brick, vinyl, decorative pavers, decks (with or without gapping),
walls, etc. The use of grass pavers within sidewalk and patio areas
shall be entitled to receive a credit against impervious coverage
to the extent provided in manufacturer specifications submitted and
approved by the Municipal Zoning Officer; and provided that the paving
units are constructed in accordance with the grass paver manufacturer's
specifications. All grass paving units utilized within parking areas,
or access to parking areas, shall not receive impervious coverage
credit.
[Amended 11-2-1994 by Ord. No. 94-22; 11-7-2001 by Ord. No.
2001-20; 8-22-2009 by Ord. No. 2009-28]
A restraining order issued by a court of equity, forbidding
a person to do a particular act.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
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 Borough development regulations or whose right
to use, acquire or enjoy property under Borough development regulations.
Any off-street space not less than 12 feet in width, 35 feet
in length and 14 feet in height available and sufficient for the loading
or unloading of delivery vehicles having direct access to a street
and so arranged that no vehicle is required to back into a street.
Any area of land occupied or to be occupied by one principal
building and its accessory buildings, and including the open space
required under this chapter. All land oceanward of the bulkhead as
constructed from 36th Avenue to the westerly side of 11th Avenue and
then along the oceanward rear property lines of Block 1, Lots 6-12,
and all land waterward of bulkheads as constructed and bulkhead lines
as established along Risley Channel from the northeasterly Borough
line to the westerly side of the Atlantic Avenue cul-de-sac shall
not be considered part of the lot for purpose of the maximum-minimum
building standards for principal uses and no buildings shall be permitted
on or within the above-defined areas.
The total horizontal area included within the limits of the lot lines bounding a tract of land. For the purpose of this chapter, any portion of a lot which is located within or under a waterway or other body of water or which is located within an area designated by the State of New Jersey Department of Environmental Protection as wetlands in accordance with the provisions of the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) shall not be included in calculating lot area or other bulk requirements. In the case of the above, for lots which adjoin a waterway or wetlands which are not bulkheaded, the lot line for the purpose of calculating area and bulk requirements as contained in Chapter 167, Zoning, shall be the mean high waterline in the National Geodetic Vertical Datum.
That percentage of the lot area covered with impervious materials.
That area of the plot or lot area covered by the building area. Enclosed
areas, such as sun porches, breezeways and foyers as well as open
areas such as impervious decks, porches and patios, whether at grade
or above grade, will be included as lot coverage. Lot coverage shall
also include areas occupied by impervious driveways, accessory structures
and uses and swimming pools.
[Amended 11-2-1994 by Ord. No. 94-22; 11-7-2001 by Ord. No.
2001-20]
The horizontal distance between the front and rear lot lines,
measured in the general direction of the side lot lines.
The horizontal distance measured along the full length of
the front lot line along the street right-of-way. Lot frontage must
be equal to or greater than the lot width requirement except lots
fronting culs-de-sac where the lot frontage may be reduced to 60%
of the lot width requirements.
The right-of-way line of the street on which the lot fronts.
A lot line generally parallel to the front lot line across
the rear of the lot.
Any lot line not a front lot line or a rear lot line, including
the outer boundaries of an offset portion of a lot.
The shortest straight line distance between side lot lines
at front yard setback points on each side lot line measured from the
street line. The minimum lot width shall be measured at the farther
building setback line where front and side lot lines are not perpendicular.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required under
the authority of N.J.S.A. 40:55D-1 et seq.
Any subdivision not classified as a minor subdivision. Any
resubdivision of a parcel of land within two years from the date of
the minor subdivision approval shall be considered a major subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
The Mayor of the Borough of Longport.
A subdivision of land fronting on an existing street which
has been accepted for maintenance by resolution of the governing body
that does not involve:
A building or group of buildings used for temporary residence
of patrons and in which provision may or may not be made for cooking.
Temporary residence shall permit occupancy for no more than 90 consecutive
days.
[Amended 10-15-1997 by Ord. No. 97-17]
The Planning Board, Board of Adjustment or the governing
body of the Borough of Longport when acting pursuant to the Development
Regulations of the Borough of Longport.
The Borough of Longport.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance[3] of the Borough of Longport 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.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the Zoning
Ordinance 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.
The use of a structure, premises or structure and premises
in combination in a manner which does not conform to the use regulations
of the district in which it is located, which shall include any standards
as to number of dwelling units per lot area.
A map, with changes and additions thereto, if adopted and
established from time to time by resolution of the Atlantic County
Board of Chosen Freeholders pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
through 40:55D-36.
Any area located outside the lot lines of the lot in question
and beyond the contiguous portion of the street fronting the lot.
Any area located on the property which is the subject of
a development application and the contiguous portion of a street or
right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed 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 area, 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.
Outdoor equipment such as swings, sawhorses, sandboxes, benches,
tables, chairs, umbrellas and children's play equipment not exceeding
7 feet in height, 8 feet for umbrellas, and meeting requirements for
accessory building setbacks. No outdoor recreation equipment shall
be permitted in the front yard. Patio furniture shall be permitted
on front yard decks and patios.
[Added 10-15-1997 by Ord. No. 97-17]
An area which contains three or more off-street parking spaces.
A parking space for a vehicle that is not part of a street
right-of-way or public access easement which is not less than nine
feet in width and 18 feet in length, if not designated within a garage,
and 10 feet in width and 20 feet in length, if designated within a
garage. Parking spaces that are designated in a side or rear yard
area between a structure and a property line must be a minimum of
10 feet in width. Commercial and multifamily parking spaces may not
be designated within access aisles, fire lanes, or loading zones.
[Amended 12-7-2005 by Ord. No. 2005-15]
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.
Any security which may be accepted by the Borough of Longport,
including cash, provided that the Borough shall not require more than
10% of the total performance guaranty in cash. Performance guaranty
shall be of a form approved by the Borough Solicitor.
See "plat."
The Planning Board of the Borough of Longport established
pursuant to N.J.S.A. 40:55D-23.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the municipal agency
and the applicant.
The main purpose for which a lot or building is used. Only
one principal use shall be permitted per lot.
Private recreation uses shall include basketball courts,
shuffleboard courts, tennis courts, boat dockage and fixed foundation
outdoor cooking facilities.
[Added 10-15-1997 by Ord. No. 97-17]
An office of a physician, lawyer, dentist, architect, engineer
or similar licensee of a recognized profession.
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 the 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.
An open space area conveyed or otherwise dedicated to the
Borough of Longport, a Borough agency, the Board of Education, the
State of New Jersey or County of Atlantic or other public body for
recreational and/or conservational uses.
A majority of the full authorized membership of a municipal
agency.
An establishment where the primary function is the serving
of food for consumption inside the establishment and in which the
serving of food for consumption outside the establishment is only
incidental.
An order which may be issued upon the filing of an application
for an injunction, forbidding the defendant to do the threatened act
until a hearing on the application can be had.
(The designation of a subdivision as a resubdivision shall
be determined on the basis of the tract or parcel of land affected
without regard to any change in ownership):
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 any 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 commercial sales of a food product to the general public
and for which there is no area for food consumption on the premises.
The commercial sales of a nonfood product to the general
public.
The boundary lines of land used or intended for use as streets
and from which required setbacks or front yard and lot depths shall
be measured.
The water which is removed from the soil over the surface
or through drains beneath the surface by natural and/or man-made means.
The Zoning Schedule of District Regulations made a part of
the Zoning Ordinance of the Borough of Longport.[4]
Solid soil material which has been moved from its site of
origin by air, water or gravity and has been deposited elsewhere.
Disposition 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.
Office of an optometrist, photographer, insurance agent,
real estate salesperson, artist or practitioner of similar character
which does not involve the sale of merchandise.[5]
Any device designed to inform or attract the attention of
persons not on the premises on which the device is located. For the
purpose of determining the number of signs, a sign shall be considered
to be a single display surface or display device containing elements
organized, related and composed to form a unit. Where matter is displayed
in a random manner without organized relationship of elements, each
element shall be considered to be a single sign. The surface area
of a sign shall be computed to include the entire area within a parallelogram,
triangle, circle or semicircle comprising all of the display area
of the sign and including all of the elements of the matter displayed.
Frames and structural members not bearing advertising matter shall
not be included in computation of the sign surface area. The following
shall not be included in the application of the regulations herein:
Signs not exceeding one square foot in area
and bearing only property numbers, post box numbers or names of occupants.
Flags or insignias of any public, civic, charitable
or religious group except when displayed in connection with commercial
promotion.
Legal notices or informational or directional
signs erected by governmental bodies.
Integral or decorative features of buildings,
except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking
on private property but bearing no advertising matter.
Signs not exceeding four square feet in area
indicating the private nature of a driveway or other premises or otherwise
controlling the use of private property.
Traditional holiday or seasonal greetings or
decorations not advertising a specific product, service or establishment.
A sign other than an on-site sign.
A sign relating in its subject matter to the premises on
which it is located or to the products, accommodations, services or
activities on said premises. "On-site signs" do not include signs
erected by an outdoor advertising industry in the conduct of the outdoor
advertising business.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
plot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, 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
and screening devices.
Any other information that may be reasonably
required by a municipal agency in order to make an informed determination
pursuant to development regulations adopted pursuant to N.J.S.A. 40:55D-37
through 40:55D-59.
A map of a subdivision or site plan proposal of sufficient
accuracy for preliminary discussion purposes which, at the option
of the developer, may be submitted for nonbinding comments but prior
to formal subdivision or site plan submission.
The natural part of the earth's surface being characterized
by layers parallel to the surface resulting from modification and
stratification of parent material by physical, chemical and biological
processes operating under varying conditions during varying periods
of time.
A governmental subdivision of this state organized in accordance
with the provisions of Title 4, Chapter 24, of the New Jersey Revised
Statutes.
Standards that are:
Adopted by ordinance pursuant to N.J.S.A. 40:55D-65d,
regulating noise levels, glare, earthborne or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosive
and flammable matters, smoke and airborne particles, waste discharge,
screening of unsightly objects and conditions and such other similar
matters as may be reasonably required by the municipality; or
Required by applicable federal or state laws
or other municipal ordinances.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. Minimum height of a story shall be seven feet six inches
of clear headroom in accordance with the BOCA Code.
Any street, which is an existing state, county or municipal
roadway, excepting alleys; is shown upon a plat heretofore approved
pursuant to law; is approved by official action as provided by N.J.S.A.
40:55D-1 et seq.; or is shown on a plat duly filed and recorded in
the office of the County Clerk prior to the appointment of a Planning
Board and the 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. For the purpose of
Longport Development Regulations, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
SECONDARY TRAFFIC STREETSStreets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
See "right-of-way lines."
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including but not limited to buildings, fences, tanks,
towers, signs, advertising devices and swimming pools. Structures
shall not include ground level site improvements such as driveways,
parking surfaces, curbs and sidewalks, nor playground equipment, game
equipment and garden furniture.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another and who qualifies under this chapter as a developer.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board
or a subdivision committee thereof appointed by the Chairman to be
for agricultural purposes, where all resulting parcels are five acres
or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order.
Conveyances so as to combine existing lots by
deed or other instrument.
The term "subdivision" shall also include the
term "resubdivision."
A committee of at least three Planning Board members appointed
by the Chairman of the Planning Board for the purpose of classifying
subdivisions in accordance with the provisions of development regulations
and having such other duties related to land subdivision as may be
conferred on this committee by the Planning Board.
A pool being above the ground and/or not coming within the
definition of "swimming pool, private in-ground." An aboveground pool
consists of any shape constructed entirely above the final property
grade. Aboveground pools are capable of being easily disassembled
and reassembled to their original configuration.
[Amended 6-15-2022 by Ord. No. 2022-08]
A noncommercial privately owned pool constituting an accessory
structure to a residential unit or units and located on the same lot
therewith, and being an in-ground permanent pool having a depth of
not less than two feet and for which a six-foot-high fence will be
permitted. A wading pool with a depth of less than 18 inches or a
portable swimming device, located above ground level, with an area
less than 150 square feet and a water depth less than two feet, temporary
in character and constructed of material other than concrete masonry,
shall not be deemed a swimming pool.
A single-family attached dwelling unit having one or more
party walls with units side by side; providing family living space
on the ground story and, in addition, the story or stories above;
and having an independent entryway from the outside.
A typed or printed verbatim record of the proceedings or
a reproduction thereof.
Permission to depart from the requirements of the Borough
of Longport Development Regulations pursuant to N.J.S.A. 40:55D-1
et seq.
A way for carrying pedestrian traffic which may be located
within the right-of-way provided for a street or may be located adjacent
to a property line, between lots and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
An open space on the same lot with the principal building,
unobstructed by building structures from the ground surface to the
sky, except as otherwise provided in Borough of Longport Development
Regulations.
The yard extending across the entire width of the lot between
the front lot line and the nearest part of a principal building. Depth
of required front yard shall be measured in such a manner that the
yard established is a strip of the minimum depth required by district
regulations with its inner edge parallel to the front lot line. In
the case of rounded property corners at street intersections, this
shall be assumed to be the point at which the street-side and front
lot lines would have met without such rounding. Every yard abutting
a street shall be considered a front yard. Lots adjoining the Beach
or Risley's Channel may consider the front yard setback from the waterfront.
A yard extending across the rear of the lot between the inner
side yard lines. Depth of a required rear yard shall be measured in
such a manner that the yard established is a strip of the minimum
depth required by district regulations with its inner edge parallel
to the rear lot line.
A yard extending along the side lot line from the front yard
to the rear lot line. In the case of through lots, side yards shall
extend between the required front yard lines. Width of a required
side yard shall be measured in such a manner that the yard established
is a strip of the minimum width required by district regulations with
its inner edge parallel to the side lot lines.
A document signed by the Administrative Officer:
Which is required by ordinance as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building.
Which acknowledges that such use, structure
or building complies with the provisions of the Municipal Zoning Ordinance
or a variance therefrom duly authorized by a municipal agency pursuant
to N.J.S.A. 40:55D-60 and 40:55D-70.
