Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meanings herein
indicated.
Wherever a term is defined in N.J.S.A. 40:55D-4
et seq., the Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119
et seq., the Uniform Construction Code, and used in this article,
such term is intended to include and have the meaning set forth in
the definition of such term found in said statute and code in addition
to the definition for such term which may be included in this article,
unless the context clearly indicates a different meaning.
For the purpose of this chapter, certain terms
or words used herein shall be interpreted or defined as follows:
A.Â
Words used in the present tense include the future;
the singular number includes the plural and the plural, the singular;
the word "zone" includes the word "district," the word "occupied"
includes the word "designed" and the phrase "intended to be occupied";
the word "shall" is mandatory and not directory; the word "may" indicates
a permissive action; the word "abut" shall include the words "directly
across from," "adjacent" and "next to"; and the word "used" shall
include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be used"; the term "such as," where
used herein, shall be considered as introducing typical or illustrative,
rather than an entirely exclusive or inclusive designation of, permitted
or prohibited uses, activities, establishments or structures.
Certain words, phrases, and terms in this chapter
are defined for the purpose herein as follows:
A subordinate building, structure or use, the purpose of
which is incidental to that of a main building, structure or use on
the same lot.
For matters before the Borough Council, the Municipal Clerk. For all matters pursuant to § 150-9B, C(3), E(4) and (5), pertaining to minutes and other administrative matters, the Administrative Officer shall be the Secretary of the Planning Board. In matters involving § 150-9D(11), pertaining to issuance of the official list of adjacent property owners for required notices, the Administrative Officer shall be the Municipal Clerk. In matters involving § 150-11, pertaining to records maintenance, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board and the Zoning Officer in matters involving the issuance of a development permit or action taken pursuant to complaints regarding the enforcement of this chapter. In matters pertaining to appeals under the steep slope ordinance (§ 150-78), the Administrative Officer shall be the Borough Engineer. In matters involving §§ 150-10A, 150-12, 150-67, 150-68 and 150-10, pertaining to issuance of a permit or enforcement of this chapter, the Administrative Officer shall be the Zoning Officer. In matters pertaining to the issuance of a certificate of default approval pursuant to § 150-28 or the issuance of a certificate of nonconformance pursuant to § 150-10D(3), the Administrative Officer shall be the Borough Administrator. In matters pertaining to the review and certification of an application for completeness pursuant to § 150-23, the Administrative Officer shall be the person or committee authorized by the rules of the Planning Board. If for any other matters not otherwise indicated by ordinance, the Administrative Officer shall be the Borough Administrator or his/her designee.
[Amended 4-12-2000 by Ord. No. 2-00]
The average number of cars per day that pass over a given
point.
An establishment devoted to sale, rental, or distribution
of pornographic books, magazines, pamphlets, photographs, motion pictures,
phonograph records and video and audio tapes devoted to the presentation
and exploitation of illicit sex, lust, passion, depravity, violence,
brutality, nudity, immorality, and other obscene subjects, etc., used
in connection with the aforementioned purposes.
The base flood elevations for the one-percent storm as shown
on the FEMA Advisory Base Flood Elevation (ABFE) Map, dated December
12, 2012.
[Added 4-24-2013 by Ord. No. 07-2013]
Soils which may be corrosive to cast-iron and ductile-iron
pipe. These soils represent approximately 5% of the soils found within
the United States and include dump areas, swamps, marshes, alkaline
soils, cinder beds, polluted river bottoms, etc., which are considered
to be potentially corrosive.
The traveled way by which cars enter and depart parking spaces.
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
As applied to a building or structure, means a change or
rearrangement in the structural supports; or a change in the exterior
appearance; or a change in height, width or depth; or moving a building
or structure from one location or position to another; or changing,
adding to or removing from or otherwise affecting the exterior appearance
of a building or structure.
Clock towers, bell steeples, light poles, flagpoles and similar
alternative-design mounting structures that camouflage or conceal
the presence of antennas or towers.
[Added 10-26-2005 by Ord. No. 17-2005]
Any place of business containing more than three amusement
devices.
Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other openings, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include,
but not be limited to, such devices as "Pac-Man" or other types of
electronically operated game devices, skill ball, mechanical games
operations or transactions similar thereto, by whatever name they
may be called and shall not include pool or billiard tables.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. (A conventional apparatus
other than an earth or ground terminal used for the reception of television,
radio and amateur radio communications.)
[Amended 10-26-2005 by Ord. No. 17-2005]
Dwelling unit in a multifamily building.
A developer submitting an application for development or
for a permit required in accordance with this chapter.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
"Approving authority" shall mean the Borough of Atlantic
Highlands Planning Board with respect to conditional use permits and
variance requests pursuant to N.J.S.A. 40:55D-70c, and to variance
requests pursuant to N.J.S.A. 40:55D-70d(1), (3) or (6), or the Zoning
Officer for permitted uses.
[Amended 10-26-2005 by Ord. No. 17-2005]
American Society of Civil Engineers.
American Society for Testing Materials.
An attic which has an approved stairway as a means of access
and egress and in which the ceiling area at a minimum height of 7
1/3 feet above the attic floor is not more than one-third the area
of the next floor below.
Any premises on which are held at periodic times auction
sales of merchandise or any other personal property.
The same as "motor vehicle repair garage."
A place of business where the primary purpose is the sale
of new motor vehicles, having a building with either showrooms, office
space, repair and/or maintenance facilities with or without outside
sales on the same business premises or immediately adjacent thereto.
The same as "motor vehicle service station."
The same as "motor vehicle repair garage."
Any cover extending beyond a building for the purpose of
shading or shielding walkways or entranceways which, however, shall
not extend more than five feet horizontally from a building facade
and shall in no case extend within two feet of a vehicular right-of-way,
and which shall be mounted not less than eight feet nor more than
12 feet above a pedestrian level, consisting of either a flexible
or nonflexible material.
American Water Works Association.
The lines that connect a provider's tower/cell sites to one
or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
[Added 10-26-2005 by Ord. No. 17-2005]
A vertical steep-faced curb intended to prevent encroachments
by encouraging vehicles to stay within the cartway width.
A story partly underground that is not a cellar.
[Amended 4-22-2021 by Ord. No. 07-2021]
A dwelling unit or part thereof, in which overnight accommodations
and a forenoon meal are provided to transients for compensation. Such
establishments shall also meet the definition and standards established
by any applicable federal, state or local building, fire, health or
safety code. They shall not include establishments providing long-term
accommodations, that are classified as a "R-3 Bed-and-Breakfast Home
Stay," rooming house or boardinghouse as defined by N.J.S.A. 55:138-3.
[Added 7-27-2011 by Ord. No. 10-2011]
A room or portion of a structure with the principal function
of serving as sleeping quarters.
A type of paving stone generally cut in a truncated, pyramidal
shape, laid with the base of the pyramid down.
A mound of soil, either natural or man-made, used as a view
obstruction.
A nonmotorized vehicle with two wheels tandem and pedals
by which it is propelled.
A road designed to accommodate the shared use of the roadway
by bicycles and motor vehicles.
A lane at the edge of a roadway reserved and marked for the
exclusive use of bicycles.
A pathway usually separated from the roadway, designed specifically
to satisfy the physical requirements of bicycling.
One who rides a bicycle.
A pathway designed to be used by bicyclists.
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which the said sign is located.
The length of a street between two street intersections.
An outlet in a pipe through which water or sediment can be
discharged.
The Planning Board. (Note: The Zoning Board, previously established
pursuant to N.J.S.A. 40:55D-69, was abolished pursuant to N.J.S.A.
40:55D-25(c) and Ordinance No. 5-95. All powers and authority of the
Board of Adjustment are assigned to the Planning Board.
Any dwelling for hire in which more than two persons are
housed or lodged, with or without meals. This definition notwithstanding,
a certificate of occupancy is required for any dwelling for hire.
Any waterfront facility where docking accommodation and/or
land-dry-storage accommodations for any watercraft, such as power
boats, sailboats or row boats, are offered on a rental basis and where
facilities for the building, rebuilding and general repair of boats
and marine equipment are provided. A boatyard shall be deemed to include
all auxiliary and accessory services such as chandlery, gasoline sales
and rental business activities related to the primary use.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
That central portion of any lot between required yards and/or
setback lines.
A combination of materials to form a construction, having
a roof and adapted to permanent, temporary, or continuous occupancy.
The total of areas determined from outside dimensions on
a horizontal plane at ground level of principal and accessory buildings,
exclusive of unroofed porches, terraces, stoops or steps having vertical
faces, which at all points are less than three feet above the level
of the ground. A pergola, awning, or similar structure having more
than an area of 150 square feet and which has the effect of a roof
structure shall be considered a roof for the purpose of calculating
building area.
The area of a tract covered by buildings and roofed areas.
Building coverage is expressed as a percentage of the total lot area.
The vertical dimension measured from the average elevation
of the grade at the front of the building to the highest point of
the roof. In special hazard areas, "building height" means the vertical
distance measured from one foot above base flood elevation at the
four corners of the smallest possible square or rectangle encompassing
the proposed building to the highest point of the roof. Where property
is filled prior to development, building heights shall still be measured
from the existing predevelopment grade and/or highest adjacent grade
as defined herein. Predevelopment grade and/or highest adjacent grade
as of the date of the adoption of this ordinance[1] shall be determined using topographic data prepared by
a New Jersey licensed land surveyor. Where deemed appropriate by the
building subcode official, appropriate facade treatments shall be
extended to within 24 inches of finished grade.
[Amended 4-24-2013 by Ord. No. 07-2013; 4-22-2021 by Ord. No. 07-2021]
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
A permit used for the alteration or erection of a building
or structure in accordance with the provisions of the Uniform Construction
Code.[2]
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a principal building on the lot on which it is located.
A structure separating land and water areas, primarily designed
to resist earth pressures.
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including, but not limited
to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
A business establishment which does not offer a product or
merchandise for sale to the public, but offers or provides a service,
primarily administrative or clerical in nature. Business offices are
all those offices which are not professional or medical offices and
includes but is not limited to the following:
Insurance companies.
Trade associations.
Real estate companies.
Investment brokerage houses.
Banks and trust companies.
Advertising or public relations agencies.
Computer and data processing.
Management and consulting services.
Adjustment and collecting services.
Consumer credit reporting agencies.
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.
The same as "awning."
A governmental acquisition of real property or major construction
project.
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project.
A completed water supply and/or sewerage system put in place
for future use (contingent upon expansion), rather than to meet immediate
development needs.
A facility for the washing and cleaning of automobiles and
other motor vehicles using production line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, the carport shall have no sides unless
such sides are the exterior walls of an adjacent building.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
A story wholly or partly underground and having a) no more
than 75% of its cubic volume above the average level of the adjoining
ground, and b) vertical distance between the average level of finished
grade at the front of the building and the interior ceiling height
of the level shall not exceed three feet. (See Appendix Exhibit 5-5,
Illustration of Cellar Requirements.[3])
[Amended 4-22-2021 by Ord. No. 07-2021]
The gap between the center line of roads adjoining a common
road from opposite or same sides.
A certificate issued by the Administrative Officer after
all required submissions have been made in proper form, certifying
that an application for development is complete.
A document issued by the Administrative Officer for nonconforming
use or structure existing at the time of passage of this chapter or
any amendment thereto which, pursuant to N.J.S.A. 40:55D-68, may be
continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for nonconforming use, structure or lot.
A certificate issued by the Zoning Officer upon completion
of construction and/or alteration of any building; or change in use
of any building; or change in occupancy of any building. Said certificate
shall acknowledge compliance with all requirements of these regulations,
such adjustments thereto granted by the Planning Board and/or all
other applicable requirements.
[Amended 5-14-2014 by Ord. No. 07-2014]
Any increase in the number of units in a structure which would
result in three or more total residential dwelling units; or any increase
in the number of units in a structure which would result in two or
more units for nonresidential occupancy.
Any change from a residential use to any nonresidential use.
Any change from one nonresidential use to another nonresidential
use, except that upon submission of adequate proofs to the Zoning
Officer the following circumstances shall not be considered a change
in use:
Change in ownership of the property or ownership of the entity
occupying the premises.
Any change from one non-residential use to another nonresidential
use that:
Is a permitted principal use in the zone.
Does not involve any standard set forth in this Chapter 150 which is greater or more restrictive than the prior nonresidential use with which existing improvements do not comply.
Is fully compliant with the performance standard requirements of § 150-67.
Is fully compliant with the property maintenance requirements of § 150-68.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
A state-certified facility which provides care for children.
See "place of worship."
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
A permit issued for specific development within the coastal
area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in
accordance with rules and regulations promulgated hereunder.
The coastal wetlands designated by the New Jersey Wetlands
Act of 1970.[4]
The same as "parking area, public"; also see "garage, public"
and "vertical parking garage."
HBD Historic Business District, CBD Central Business District,
HB Highway Business, WB Waterfront Business, MR Marine Recreation,
LI Light Industrial and O-R Office Residential Zone, of these Development
Regulations.
A line within a tract or lot which designates the extent
of a proposed development or improvements, separate developments within
a single tract, or separate stages of development within the tract.
Proposed improvements within a tract or site plan shall be shown for
the entire tract, on both sides of any common development line.
A lateral serving more than one unit.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility housing up to 16 developmentally
disabled persons which provides food, shelter, and personal guidance
for developmentally disabled persons who require assistance, temporarily
or permanently, in order to live independently in the community. Such
residences shall not be considered health care facilities within the
meaning of the Health Care Facilities Planning Act, P.L. 1977, c.
136 (N.J.S.A. 26:2H-1 et seq.), and shall include, but not be limited
to, group homes, halfway houses, supervised apartment living arrangements
and hotels.
An application for development which complies in all respects
with the appropriate submission requirements set forth in this chapter,
including an application form completed as specified by this chapter
and the rules and regulations of the Planning Board, and all accompanying
documents required by this chapter for approval of the application
for development, including where applicable, but not limited to, a
site plan or subdivision plat; provided that the Planning Board may
require such additional information not specified in this chapter,
or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the Planning Board. An application shall be certified
as complete immediately upon the meeting of all requirements specified
in this chapter and in the rules and regulations of the Planning Board,
and shall be deemed complete as of the day it is so certified by the
Review Committee of the Planning Board for purposes of the commencement
of the time period for action by the Planning 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
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
thereof by the Planning Board.
An ownership arrangement, not a land use; therefore, it is
allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot nor
other requirements intended to provide adequate light, air, and privacy.
A condominium is a dwelling unit which has all of the following characteristics:
The unit (the interior and associated exterior
areas designated for private use in the development plan) is owned
by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space
and any community interior spaces are owned and maintained in accordance
with the provisions for open space, roads, or other development features
as specified in this chapter.
Any work, disturbance or other act associated with the creation,
improvement or work on or for the benefit of any structure, permanent
improvement, environmental control measure or action required to achieve
the goal of this chapter.
Development other than planned development, as defined herein.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
Also known as corporation cock. A valve which is placed in
a building's water or gas service pipe near its junction with the
public water or gas main.
A facility for golf, tennis and related recreational uses
which may include a clubhouse, restaurant, and incidental lodging
for members or guests.
A composite of the comprehensive plan or master plan for
the physical development of Monmouth County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of the County of Monmouth as defined in
N.J.S.A. 40:27-6.1.
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by building walls.
The same as "lot coverage."
A sediment-producing highly erodible or severely eroded area.
A local street with only one outlet and having the other
end for the reversal of traffic movement.
A structure designed to convey a watercourse not incorporated
in a closed drainage system under a road or pedestrian walk.
A vertical or sloping edge of a roadway. See also "Belgian
block curb" and "barrier curb."[5]
The officially established grade of the curb in front of
the midpoint of the front lot line.
Supportive or protective bedding materials placed underneath
piping.
An organized and supervised daytime facility used for recreational
purposes and licensed as required by the New Jersey Department of
Health and Senior Services.
See "child-care center."
Calendar day(s).
The permitted number of dwelling units per gross acre of
land to be developed, including streets, easements and open space
portions of a development.
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
Guidelines that provide a general framework for sound planning.
Standards that set forth specific improvement requirements.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually at a rate not greater than that prior
to the development of the property, into natural or man-made outlets.
Erosion, slumping, runoff or other consequence likely to
result in the destabilization or damage to a slope area, or damage
to an historic, cultural, archaeologic or environmental resource.
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 mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension or use of
land, for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq. and this chapter.
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism, or other
conditions found by the Commissioner of Human Services to give rise
to an extended need for similar services.
A document signed by the Zoning Officer 1) which is required
by this chapter as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building; and 2) which acknowledges
that such use, structure or building complies with the provisions
of this chapter, or variance therefrom, duly authorized by a Planning
Board.
This chapter, official map ordinance, or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
Any part of the territory of the Borough which is designated
as a zone on the Zoning Map (on file in the Municipal Clerk's office)
and to which certain uniform regulations and requirements of this
chapter apply.
The same as "dual road."
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
Any component of the drainage system.
The lands required 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 therein
to safeguard the public against flood damage.[6]
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
An establishment which accommodates patrons' automobiles
from which the occupants may receive a service, or obtain a product
which may be used or consumed, in the vehicle, on the same premises.
The same as "restaurant, drive-in."
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
A manhole provided for inspection and maintenance of sewers
where an incoming sewer is considerably higher than the outgoing.
A vertical pipe used to convey sewage from a higher to a
lower elevation.
See "capped system."
A street, as defined by this chapter, in which the lanes
for traffic in opposing directions are separated by a median strip,
center island, or other form of barrier, the crossing of which is
prevented other than at designated locations.
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
A building or part thereof having cooking, sleeping, and
sanitary facilities designed for, or occupied by, one family, and
which is entirely separated from any other dwelling unit in the building
by vertical walls, or horizontal floors, unpierced, except for access
to the outside or a common cellar.
A building designed for or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common cellar.
A detached building designed for or containing one dwelling
unit.
A detached building designed for or containing two dwelling
units, which are entirely separated from each other by vertical walls,
unpierced, except for access to the outside or a common cellar.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
The lower border of a roof that joins or overhangs the wall.
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered as educational uses or accessories
to such uses. Duly accredited colleges and universities shall also
be considered educational uses.
The giving of money and/or services to a charitable or philanthropic
organization.
The municipal Environmental Commission, a municipal advisory
body created pursuant to N.J.S.A. 40:56A-1 et seq.
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
For the purposes of this chapter, a compilation of studies,
reports, documents and findings of fact prepared by an applicant as
part of and for a development application. An environmental impact
statement meeting the requirements of N.J.S.A. 13:19-1 et seq., the
Coastal Area Facility Review Act, and specifically outlined in Section
7 of said rules and regulations promulgated in compliance with said
Act will be accepted in lieu an E.I.S.[7]
To build, construct, attach, place, suspend, affix, and paint.
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
A deed, bond, money or a piece of property delivered to a
third person to be delivered by him to the grantee only upon fulfillment
of a condition.
Facilities installed and/or maintained by a public utility
or governmental agency, including gas, electrical, (phone) telephone,
telegraph, water, sewage transmission and/or distribution systems
and other similar services including mains, drains, sewers, pipes,
conduits, cables, and normal aboveground appurtenances such as fire
alarm boxes, police call boxes, light standards, poles, traffic signals,
and hydrants, and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by public utilities or municipal or other government agencies necessary
for the general health, safety and welfare of the public. Essential
services shall not be deemed to include wireless telecommunications
towers and antennas.
[Amended 10-26-2005 by Ord. No. 17-2005]
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include, but are not limited to, curb, sidewalk, driveway, and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guard rails,
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. Excavation work shall also include the construction, addition,
installation, or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter, including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
That site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
Construction, additions, or alterations related
to single-family or two-family detached dwellings or their accessory
structures on individual lots.
Any change in occupancy which is not a change
in use (as herein defined).
Individual applications for accessory mechanical
or electrical equipment, whose operation and location conforms to
the design and performance standards of this chapter, and whose installation
is on a site already occupied by an active principal use for which
site plan approval is not otherwise required.
Sign(s) which installation is on a site already
occupied by a principal use for which site plan approval is not otherwise
required and provided such sign(s) conform to the applicable design
and zoning district regulations of this chapter.
Construction or installation of essential services.
Division of property and conveyances so as to
combine existing lots, which are not considered to be subdivisions
in accordance with the definition of "subdivision" contained within
this article.
Demolition of any structure or building not
listed on the State or National Register of Historic Places or identified
as an historic or landmark site on the Master Plan, provided that
the demolition does not involve changes to the site outside the limits
of the structure or building nor does it create any nonconformity.
The Federal Aviation Administration.
[Added 10-26-2005 by Ord. No. 17-2005]
One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
The Federal Communications Commission.
[Added 10-26-2005 by Ord. No. 17-2005]
A structure constructed of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials serving
as an enclosure, barrier, or boundary.
A fence in which two-thirds of the area, between grade level
and the top cross member (wire, wood or other material), is open.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter, and which is approved and shall
be filed with the proper county office.
A roof having a continuous horizontal surface with a minimal
pitch and arranged to be essentially parallel to the floor plane.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The relatively flat area adjoining any natural or man-made
stream, pond, lake, river, or any other body of water which is subject
to a one-hundred-year flood.
Permission of the Borough to build in accordance with municipal
floodplain regulations.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A story of a building.
The sum of the gross areas of the floor or floors of all
principal or accessory buildings, including parking levels, basements
and cellars, measured between the inside faces of exterior walls or
from the center line of walls common to two structures or uses. For
the purpose of determining required parking, areas used for parking
will not be considered floor area.
The floor area of buildings compared to the total area of
the site. For residential uses, the useable floor area ratio shall
be calculated exclusive of the floor area of basements or cellars
except that 50% of the floor area of basements having a ceiling height
of seven feet or greater shall be included. For nonresidential uses,
the useable floor area ratio shall be calculated inclusive of the
floor area of basements or cellars having a ceiling height of seven
feet or greater. For mixed-use commercial/residential uses in the
HBD and CBD Zones and for mixed-use light industrial/business/residential
uses in the LI Zone, the useable floor area ratio shall be calculated
exclusive of the floor area of basements or cellars that is used to
provide on-site parking.
[Amended 5-26-2010 by Ord. No. 11-2010]
The sum of the gross horizontal areas of the floor or several
floors of a commercial building which are used for display of merchandise
to the general public and including any areas occupied by counters,
showcases, or display racks, and any aisles, entranceways, arcades,
or other such public areas.
The same as "floor area."
The cleaning out of debris and sediment from pipes by force
of moving liquid, usually water.
The part of a building or structure, usually of masonry or
similar construction and located principally below the ground, that
transfers and distributes the weight of the building or structure
onto the ground.
[Added 3-24-2010 by Ord. No. 05-2010]
A funeral home or mortuary operated by a licensed mortician
in accordance with N.J.S.A. 45:7-23 et seq. A funeral home or mortuary
shall not be considered a professional office.[8]
A double-sloping roof that forms a gable at each end.
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory. A garage shall
be deemed attached and a portion of the main building only if an area
of at least 25% of the total area of the outside walls of the vehicle
storage (garage) area is attached and connected to the main building
by an enclosed structure or building elements. Connections to the
main building by means of a nonenclosed breezeway or decorative roof
do not constitute an attachment, and a garage so connected shall constitute
a detached accessory building.
[Amended 11-25-1998 by Ord. No. 17-98]
An enclosed building used as an accessory to the main building
which provides for the storage of motor vehicles and in which no occupation,
business, or service for profit is carried on.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor vehicle accessories, or where any such
vehicles are kept for hire. The rental of storage space for more than
two motor vehicles not owned by occupants of the premises shall be
deemed a public garage.
One or more multiple-family dwelling structures not more
than two stories in height, with not more than 20 dwelling units per
structure and so laid out that no individual dwelling unit can be
sold independently on a separate parcel of land.
The same as "motor vehicle service station."
Any substance which results from the directed alteration
of genetic material through intervention in genetic processing, including
techniques whereby recombinant DNA is produced and made to function
as an organism.
The Borough Council of Atlantic Highlands.
The existing undisturbed elevation of land, ground, and topography
preexisting or existing on a lot, parcel or tract of land at the time
of the adoption of this chapter.
The completed surface of lawns, walks and roads brought to
grade(s) as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved.
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.
Any sign supported by either uprights affixed to the ground
or supported by a base affixed to the ground.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
Any room within a building used for the purpose of sleeping,
eating, preparation of food, offices, selling of merchandise, public
gatherings, or assembly lobbies. All habitable rooms within a dwelling
unit shall have natural light, ventilation, and heat. Garages, bathrooms,
closets, storage areas, hallways, stairs are not considered to be
habitable rooms.
Including, but not limited to, inorganic mineral acids of
sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium
and arsenic and their common salts; lead, nickel, and mercury and
their inorganic salts or metallo-organic derivatives; coal tar acids,
such as phenols and cresols, and their salts; petroleum products;
and radioactive materials.
The facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis, or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended care facility,
skilled nursing home, nursing home, intermediate bioanalytical laboratory
(except as specifically excluded hereunder), or central services facility
serving one or more such institutions but excluding institutions that
provide healing solely by prayer and excluding such bioanalytical
laboratories as are independently owned and operated, and are not
owned, operated, managed, or controlled, in whole or in part, directly
or indirectly, by any one or more health care facilities, and the
predominant source of business of which is not by contract with health
care facilities within the State of New Jersey and which solicit or
accept specimens and operate predominantly in interstate commerce.
For the purposes of this chapter, a line showing the upper
inland wetlands boundary on a series of maps prepared by the State
of New Jersey Department of Environmental Protection for in accordance
with the provisions of The Wetlands Act, N.J.S.A. 13:9A-1 et seq.,
said line being established from photographs and each of these maps
being on file in the office of the County Clerk, Monmouth County,
New Jersey.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
Any use customarily conducted for profit entirely within
the principal dwelling and carried on by the inhabitants thereof,
which use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, and does not change the character thereof,
provided that no article is sold or offered for sale except such as
may be produced on the premises and provided, further, that no machinery
or equipment is used which will cause electrical or other interference
with radio and television reception in adjacent residences, or cause
offensive noise or vibration. Such activities as clinics, hospitals,
barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals,
nursery schools, and music or dancing schools other than for individual
instruction shall not be deemed home occupations under the terms of
this chapter. No more than two persons not residing in the dwelling
unit shall be employed in the activity.
(See "profession, home.")
A building or series or buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including, as
an integral part of the building, such related facilities as laboratories,
outpatient departments, clinics, training facilities, central service
facilities and staff offices. The definition of "hospital" shall not
include nursing homes, medical care centers and the like.
The person or persons occupying a dwelling unit.
Any dwelling unit which is equipped with wheels or similar
device used for the purpose of transporting such unit from place to
place whether by its own motive power or other means or any unit for
temporary living or sleeping purposes temporarily located in the locality,
whether the same is on blocks, posts or any other type of nonpermanent
foundation.
The properties, distribution, and circulation of water.
Illuminating Engineering Society.
Any sign which has characters, letters, figures, designs,
or outlines illuminated by electric lights or luminous tubes as a
part of the sign proper, including external and detached illumination.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration of water
and causes surface runoff.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
An area for the temporary location of motor vehicles which
has been modified from its natural condition by excavation, fill or
structures.
A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been improved to the standards specified by the Borough
Engineer.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to, real estate.
A septic tank, seepage tile sewage disposal system, or any
other approved sewage treatment device serving a single unit.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any court or in an administrative proceeding before a Planning Board,
any person, whether residing within or without the municipality, whose
rights to use, acquire, or enjoy property is or may be affected by
any action taken under N.J.S.A. 40:55D-1 et seq. or under any other
law of this state or of the United States have been denied, violated
or infringed by an action or failure to act under N.J.S.A. 40:55D-1
et seq. or this chapter.
A lot bounded by a street on one side only.
A street or road that is developed wholly within a parcel
under one ownership and meeting all municipal standards.
A street used for internal vehicular circulation within a
tract or development. Major internal streets are those internal streets
which have an entrance and/or exit on the access street or right-of-way
frontage of the tract. Internal streets may be private and not dedicated
or deeded to the public, subject to approval by the Planning Board
and by the Municipal Engineer.
In street design, a raised area usually curbed, placed to
guide traffic, separate lanes, or used for landscaping, signing, or
lighting.
Institute of Transportation Engineers.
A projection of stone, brick, wood or other material, but
generally formed of piles, serving as a protection against the encroachment
or assault of the waves and currents.
The use of any area and/or structure keeping or abandonment of junk, including scrap metal, glass, paper, cordage, or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or parts thereof; provided, however, that this definition shall not be deemed to include those dropoff centers for recyclable materials designated by the Mayor and Council of the Borough in accordance with Chapter 300, Solid Waste, Article III, Recycling. The term "junkyard" as herein defined includes automobile salvage or wrecking yards. The storage or other use of not more than three disabled vehicles in conjunction with a public garage shall not be considered a junkyard.
An establishment for the breeding or boarding of dogs or
cats.
An area used or designed to be used for the preparation of
food.
Natural or man-made bodies of water which normally contain
or retain water for extended periods. Ponds are bodies of water with
a surface area, measured under ten-year storm conditions, of two acres
or less. Lakes are bodies of water with a surface greater than two
acres, measured under ten-year storm conditions. The shoreline of
a lake or pond is measured at the perimeter of the surface of water
under ten-year storm conditions, as certified by the applicant's licensed
land surveyor, and approved by the Municipal Engineer.
Any real property including improvements and fixtures on,
above or below the surface.
Any activity involving the clearing, grading, transporting,
filling of land, and any other activity which causes land to be exposed
to the danger of erosion.
The orderly, planned arrangement of shrubs, ground cover,
flowers, trees and other plant material, including incidental use
of berms and decorative mulches, gravel and similar materials to produce
an aesthetically pleasing appearance, to satisfy ground stabilization
requirements, and/or providing a visual screen, all arranged and implemented
in accordance with good landscaping and horticultural practices.
Pipes conducting sewage from individual buildings to larger
pipes called trunk or interceptor sewers that usually are located
in street rights-of-way.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have clear means of ingress and egress to a public
street at all times.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. Includes the word "plot."
The acreage and/or square footage of a lot contained within
the lot lines of the property. Any portion of a lot included in a
street right-of-way shall not be included in calculating lot area.
Any lot at the junction of and fronting on two or more intersecting
streets.
The impervious surface area of a lot covered by buildings
and structures. Lot coverage is expressed as a percentage of the total
lot area and shall include all parking areas, vehicular accessways,
and internal roadways whether covered by an impervious or pervious
material.
The distance measured on a horizontal plane between the side
lot lines measured along the street line. The minimum lot frontage
shall not be less than the required lot frontage except that on curved
alignments with an outside radius of less than 500 feet, the minimum
distance between the side lot lines measured at the street line shall
not be less than 60% of the required minimum lot frontage. Where the
lot frontage is so permitted to be reduced, the lot width at the building
setback line shall not be less than the required minimum frontage
of the zone district. For the purpose of this chapter, only continuous
uninterrupted lot lines shall be accepted as meeting the frontage
requirements.
A lot other than a corner lot.
Any line designating the extent or boundary of a lot which
shall further be defined as follows:
FRONT LOT LINE A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
Lot shape requirements specified by the Illustration of Lot
Shape Requirement, Exhibit 5-3.[9]
The distance between the property sidelines measured along
the front yard setback line. Unless otherwise specified, lot width
shall equal minimum lot frontage.
A household whose income is within the current moderate-
or low-income limits for the Borough's housing region as established
by the New Jersey Council on Affordable Housing.
The lowest level (including basement, crawl space and garage)
of the lowest enclosed area.
Any security that is acceptable to the governing body to
assure the maintenance of approved installations by developers.
Any security, which may be accepted by the Borough for the
maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq.
and this chapter, including, but not limited to, surety bonds, letters
of credit under the circumstances specified in N.J.S.A. 40:55D-53.5,
and cash.
Any site plan not classified as a minor site plan or exempt
site development.
Any subdivision not classified as a minor subdivision.
An inspection chamber whose dimensions allow easy entry and
exit and working room for a person inside.
A method for calculating the hydraulic capacity of a conduit
to convey water.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Any waterfront facility wherein berthing spaces for any and
all watercraft or boats are provided. A marina shall be deemed to
include, in addition, automobile parking facilities; sanitary facilities;
motor fuel sales; boat sales, repairs, maintenance and service, excluding,
however, facilities for the construction of new boats.
Any facilities or activity associated with fishing or boating,
either for sport or for commercial gain.
[Amended 6-26-2002 by Ord. No. 7-2002]
Any establishment devoted to the providing of
massage services to persons not in connection with any medical, osteopathic,
chiropractic, prescribed therapeutic or athletic or calisthenic activities.
Massage parlor shall not include a massage/bodywork
therapy establishment, which is a professional service licensed by
the Borough and is a professional office use.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted by
the Planning Board pursuant to N.J.S.A. 40:55D-28.
The Mayor of Atlantic Highlands.
That portion of a divided highway separating the traveled
ways of traffic proceeding in opposite directions.
A person afflicted with mental disease to such an extent
that a person so afflicted requires care and treatment for his own
welfare, or the welfare of others, or of the community, but shall
not include a person who has been committed after having been found
not guilty of a criminal charge or unfit to be tried on a criminal
charge by reason of insanity.
A development plan for one or more lots which is (are) subject
to development which:
Requires site plan approval, and
Meets the requirements set forth in Article XII of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met, and
Meets the following conditions:
The construction of drainage facilities is not
required either on or off site.
New building construction and/or building additions
do not exceed 1,000 square feet of gross floor area.
The proposed development does not increase parking
requirements by more than five spaces.
The proposed development conforms to the performance standards set forth in Article V.
The proposed development will not require the
issuance of a CAFRA permit.
The proposed development does not involve planned
development.
The proposed development does not involve any
new street or the extension of any existing street.
The proposed development does not involve the
extension or construction of any off-tract improvement, the cost of
which is to be prorated pursuant to N.J.S.A. 40:55D-42.
The proposed development does not involve the
disturbance of 5,000 square feet or more of ground area.
A subdivision of land for the creation of not more than two
lots plus the remainder of the original lot provided such subdivision
does not involve: 1) a planned development; 2) any new street; or
3) the extension of any off-tract improvement, the cost of which is
to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that the
Planning Board or the Subdivision Committee of the Planning Board
finds that all the following conditions have been met:
That curbs and sidewalks have been installed
or that the developer agrees to install and post performance guarantees
for curbs and sidewalks, or that curbs and sidewalks are not required
due to specific conditions in the area.
That the subdivision does not require the extension
of municipal facilities at the expense of the municipality.
That the subdivision and construction resulting
therefrom will not adversely affect drainage patterns of the basin
in which the lots are situated.
That the subdivision will not adversely affect
the development of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with
any provision or portion of the Master Plan, Official Map or this
chapter or that appropriate variances have been obtained (or must
be obtained as a condition of approval).
That no portion of the lands involved have constituted
a part of a minor subdivision within three years preceding the application.
A development containing a number of different uses in a
combination permitted by ordinance which is to be developed in conformance
with an approved plan.
Municipal Land Use Law.[10]
The same as "house trailer."
A building containing rooms used, rented or hired out to
be occupied for sleeping purposes by transient guests and where only
a general kitchen and dining room are provided within the building
or as an accessory building.
A building or portion of a building or land, or portion thereof,
which is not primarily devoted to the retail sale of gasoline or new
or used automobiles or trucks, in which auto body work or the overhauling
or replacement of automobiles, automobile parts, or any portion thereof,
is conducted as a business for profit.
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories and which may include facilities for lubricating,
washing or servicing of motor vehicles, except that auto body work
of any nature and retail sales unrelated to motor vehicle uses shall
be prohibited.
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
and aid plant growth.
Any building containing three or more dwelling units within
a lot. Dwelling units within multifamily buildings are classified
as multifamily dwellings.
A facility owned, leased, or otherwise controlled by the
Borough of Atlantic Highlands.
[Added 10-26-2005 by Ord. No. 17-2005]
The Borough of Atlantic Highlands.
N.J.S.A. 40:55D-1 et seq (Chapter 291, Laws of New Jersey,
1975, as amended).
Structures for which the start of construction commenced
on or after the effective date of this chapter.
All zones not included in commercial zone.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision, or amendment.
A use or activity which was lawful prior to the adoption,
revision, or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvacultural, mining, construction,
subsurface disposal and urban runoff sources.
See "child-care center."
The specific purpose for which land or a building is used,
designed or maintained.
The same as "certificate of occupancy."
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance by the governing body pursuant
to N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question, but
within the property limits (of which the lot is a part) which is the
subject of a development application. Off-site areas shall include
any contiguous portion of a street or right-of-way.
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.
Located on the lot in question.
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 on a contiguous portion of a street or right-of-way.
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no sidewalk other than the wall of
the structure to which it is attached.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and other improvements that are designed to be incidental to the natural
openness of the land.
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land which is the subject of a development proposal.
An area of open space set aside for public use and operated
by a governmental entity for the purpose of active and/or passive
recreation.
An open area used for the open storage of motor vehicles
and includes any driveways and access drives, as well as accessory
incidental structures or improvements such as curbing, drainage, lighting,
and signing.
An area, other than a street, intended for the same use as
a private garage, is accessory to a residential or nonresidential
building or use and not used by the general public.
A paved open area, other than a street or other public way,
used for the parking of motor vehicles and available to the public,
whether for a fee, free, or as an accommodation of clients or customers.
The same as "garage, public."
An off-street space provided for the parking of a motor vehicle
exclusive of driveways or access drives, either within a structure
or garage or in the open or as may be otherwise defined in this chapter.
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.
An area of land not used for receiving and storing material
where the grounds have been surfaced with construction material such
as brick, stone, cement or lumber, which does not project above grade
level and which is entirely uncovered by a roof or any superstructure.
See "cartway."
Any establishment showing to patrons in private or semiprivate
viewing areas the live or photographic or magnetically recorded depictions
of persons engaged in the presentation and exploitation of illicit
sex, lust, passion, depravity, violence, brutality, nudity, immorality
and other obscene subjects.
Any security, which may be accepted by the municipality,
including, but not limited to, surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
See "standards of performance."
Any person, firm, partnership, association, corporation,
company or organization of any kind.
An act by which skills of one person are utilized for the
benefit of another, provided no function involves manufacture, cleaning,
repair, storage or distribution of products or goods except for cleaning
and repairing of clothing and similar personal accessories.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
Any substance or mixture of substance labeled, designed,
or intended for use in preventing, destroying, repelling, sterilizing
or mitigating any insects, rodents, nematodes, predatory animals,
fungi, weeds and other forms of plant or animal life or viruses, except
viruses on or in living man or other animals. The term "pesticide"
shall also include any substance or mixture of substances labeled,
designed or intended for use as a defoliant, desiccant, or plant regulator.
Oil or petroleum of any kind and in any form, including crude
oils and derivatives of crude oils, whether alone, as sludge, oil
refuse or oil mixed with other wastes.
An establishment engaged in the retail sale of pets and specialized
merchandise related to pets.
A building or group of buildings, congregations, public worship
including cathedrals, chapels, churches, meeting houses, mosques,
synagogues, temples, and similarly used buildings, as well as accessory
uses such as Sunday schools, social halls, parish houses, and similar-type
buildings.
Planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
The municipal Planning Board established pursuant to N.J.S.A.
40:55D-23. The Planning Board shall also exercise all of the functions,
powers and duties of the former Board of Adjustment which was abolished
by ordinance.
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Municipal Engineer
(with the consent of the Board) to render engineering services and
advise to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Municipal Engineer may assume the duties
of the office.
A map or maps of a subdivision or site plan.
The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. Final
plat shall also include and be synonymous with the term "final site
plan."
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. Preliminary
plat shall also include and be synonymous with the term "preliminary
site plan."
See "site."
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 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 scopes, scale, relationship to its site and immediate environs
and exterior colors and finishes.
A lot or tract of land or any combination thereof held under
a single ownership or control.
The primary or principal purpose for which a building, structure
or lot is used.
A building in which is conducted the main or principal use
on the lot on which said building is situated.
The office of a member of a recognized profession, which
shall only include the office of doctors or physicians, psychologists,
dentists, optometrists, ministers, architects, professional engineers,
professional planners, land surveyors, lawyers, artists, authors,
attorneys, musicians, accountants, and insurance agents and real estate
brokers with five or fewer brokers or sales agents.
A building, the occupancy of which is limited to professional
offices.
The office of a member of a recognized profession when conducted
on a residential property, whereon said member of a profession resides.
Such office shall be conducted by a member or members of the resident
family entirely within a residential building and shall include only
the offices of doctors, physicians, psychologists, lawyers, dentists,
optometrists, ministers, architects, professional engineers, professional
planners, land surveyors, authors, artists, musicians and accountants.
The practice of such occupation shall in no way affect the safe comfortable
enjoyment of property rights in any zone in which it is located to
a greater extent than for the professional activities specified above.
The issuance of a state or local license for regulation of any gainful
occupation need not be deemed indicative of professional standing.
Not more than two persons not residing in the dwelling shall be employed
in the office.
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance of N.J.S.A.
40:55D-70d would be necessary, in order to provide that use in that
particular zone.
A master plan, capital improvement 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 biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation, and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Borough, a Planning Board, Board of Education, federal, state, or
county agency, or other public body for recreational or conservational
uses.
The majority of the full authorized membership of a Planning
Board.
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
A method of runoff calculation.
The replenishment of underground water reserves.
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper,
and motor home.
Facilities and open space areas set aside, designed and/or
improved, and used for recreation purposes, and may include, but shall
not be limited to, play fields, golf courses, playgrounds, swimming
pools, tennis courts, and other court games, tot lots, parks, picnic
areas, nature preserves, boating and fishing areas and facilities.
With regard to trees, shrubs, or other vegetation, any act
likely to result in the death or permanent damage that might accelerate
death. Normal pruning or other acts, except removal, to promote growth
do not constitute removal.
The number of dwelling units per gross acre of residential
land, including areas used for streets, easements and/or open space
portions of a development.
Any establishment, however designated, at which food is sold
for consumption on the premises, normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, play field, park, or swimming pool operated solely by
the agency or group operating the recreation facilities, and for the
convenience of patrons of the facility, shall not be deemed to be
a restaurant.
An establishment where the majority of the patrons purchase
food, soft drinks, ice cream, and similar confections for takeout
or consumption on the premises but outside the confines of the principal
building, or in automobiles parked upon the premises, regardless of
whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.
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 does not include conveyances so
as to combine existing lots by deed or by other instrument.
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent the
washing down or erosion of earth from the upper slope level.
A pond, pool or basin used for the permanent storage of water
runoff.
A facing of stone, concrete, etc., built to protect a scarp,
embankment, or shore structure against erosion by wave action or current.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for another special use.
A load-bearing platform placed upon the outside top covering
of a building or structure and which is designed to function as a
usable habitable outdoor area and integral portion of a roof surface.
A rooftop deck may be freestanding or attached to a building.
[Added 10-10-2018 by Ord.
No. 12-2018]
The same as "boarding or lodging house."
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
A parabolic reflector antenna which is designed for the purpose
of receiving signals from and/or transmitting signals to a transmitter
relay located in planetary orbit.
The same as "educational use."
A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
Soil Conservation Service.
A wall or embankment to resist encroachment of the sea.
The same as "accessory use."
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by
air, water or gravity as a product of erosion.
The transport and depositing of solid material by water.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
For the purpose of meeting the eligibility requirements of
senior citizen housing, persons aged 55 and older.
An underground system with a septic tank used for the decomposition
of domestic wastes.
A watertight receptacle that receives the discharge of sewage.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.
A tree in a public place, street, special easement, or right-of-way
adjoining a street.
See "lot shape requirement."
A structure built for storage of miscellaneous items.
An integrated development of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, and auditoriums, housed
in an enclosed building or buildings, utilizing such common facilities
as customer parking, pedestrian walkways, truck loading and unloading
space, utilities and sanitary facilities and having a minimum total
floor area of 20,000 square feet.
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline.
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines or the projection of such lines which border a corner property,
and by a line connecting a point on each such line located a designated
distance from the intersection of the street lines.
Any sign, billboard, ground or freestanding sign, wall sign,
roof sign, sign painted on the exterior surface of a building structure,
illuminated sign, projecting sign, temporary sign, awning and canopy
sign and shall include any announcement, declaration, demonstration,
display illustration or insignia used to advertise or promote the
interests of any person, when the same is placed in view of the general
public:
DIRECTIONAL SIGNAny sign located away from a business which gives directions to the location of the business.
GROUND OR FREESTANDING SIGNAny sign supported by uprights or braces placed upon the ground, and not attached to any building, tree or structure.
ILLUMINATED SIGNAny sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign proper, including external and detached illumination.
PAINTED WALL SIGNAny lettering or design painted directly on the building surface.
PROJECTING SIGNAny sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached.
ROOF SIGNAny sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.
WALL SIGNIncludes all flat signs of solid-face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure and shall not project more than 12 inches from the building.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, 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, screening
devices; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter requiring review and approval of site plans by the Planning
Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
See "concept plan."
The areas of Atlantic Highlands covered by § 150-78, Steep slopes, of this chapter, including any structure, driveway, street, retaining wall or anything else built or placed upon, above or below the surface, and all trees, bushes or ground cover or any other vegetation.
All unconsolidated mineral and organic material of any origin
that overlies bedrock and which can be readily excavated.
A mixture of portland cement and locally available soil.
It serves as a soil stabilizer.
The Freehold Soil Conservation District, a governmental subdivision of the state which was organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. 4:24-1 et seq.
[Amended 2-23-2011 by Ord. No. 03-2011]
To dig, excavate, remove, grade, level or otherwise alter
or change the location or contour, or to fill or supply to a lot.
This term shall not be construed to include spading, cultivating or
any other operation usually and ordinarily associated with the tilling
of soil for agricultural or horticultural purposes.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Freehold
Soil Conservation District in conformance with N.J.S.A. 40:55-120.
Garbage, sludge, refuse, trash, rubbish, debris or other
discarded solid materials.
The land area covered by the floodwaters of the base flood.
[Added 4-24-2013 by Ord. No. 07-2013]
Turf, or earth (soil), strengthened usually by the mixing
of cement or lime with the original material to achieve increased
strength, thereby reducing shrinkage and movement.
Standards, requirements, rules and regulations adopted by
this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels,
glare, airborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matters, smoke,
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the municipality or required by applicable federal or
state laws or municipal agencies.
The Standard Specifications for Road and Bridge Construction
as promulgated and revised by the New Jersey Department of Transportation.
The plan established pursuant to P.L. 1985, Chapter 398,[11] designed for use as a tool for assessing suitable locations
for infrastructure, housing, economic growth and conservation in the
State of New Jersey.
The commission established pursuant to P.L. 1985, Chapter
398.[12]
Areas where the average slope exceeds 15% which, because
of this slope, are subject to high rates of stormwater runoff and
erosion.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
That portion of a building between floor and ceiling.
[Amended 4-22-2021 by Ord. No. 07-2021]
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story and
cannot have a habitable area, including bathrooms, kitchens and hallways,
exceeding 60% of the floor area of such half story.
[Amended 10-13-1999 by Ord. No. 6-99]
Any street, highway, avenue, boulevard, road, parkway, viaduct,
alley, drive, or other way: 1) which is an existing state, county
or municipal roadway; or 2) which is shown upon a plat heretofore
approved pursuant to law; or 3) which is approved by official action
as provided by N.J.S.A. 40:55D; or 4) 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 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.
Roadways with a high volume of traffic flow.
Any street that collects traffic from local streets and channels
it onto the system of arterial streets.
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.
See "improved street."
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street; as distinct from a sidewalk line, curbline, or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Borough of Atlantic Highlands, the street line shall be considered
to be the proposed right-of-way line for the street. Where a definite
right-of-way has not been established, the street line shall be assumed
to be at a point 25 feet from the center line of the existing pavement.
Any street that provides access to lots and carries traffic
having a destination or origin on the street itself.
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
A street that does not have an all-weather pavement. An unimproved
street could be constructed of loose gravel, any type of loose stone,
or generally any type of material that is not solidified and will
not repel water or maintain a stable cross section. In the event that
the Construction Official or other Borough official has any question
as to whether a road is improved, unimproved, or potential drainage
problems exist with regard to the issuance of a development permit,
building permit or certificate of occupancy, such official shall contact
the Borough Engineer for his evaluation and written determination.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
The same as "alterations."
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land and including, among other things: display stands,
fences and walls, gasoline pumps, gates and gate posts, mobile dwellings,
outdoor bins, pergolas, platforms, pools, porches, reviewing stands,
sales stands, signs, stadiums, staging, standpipes, tennis courts,
tanks of any kind, tents, towers of any kind, including radio and
television towers and satellite dishes. The word "structure" shall
be construed as though followed by the words "or part thereof."
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
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: 1)
divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size; 2) divisions
of property by testamentary or intestate provisions; 3) division of
property upon court order including, but not limited to, judgments
of foreclosure; 4) consolidation of existing lots by deed or other
recorded instrument; and 5) the conveyance of one or more adjoining
lots, tracts or parcels of land, owned by the same person or persons
and all of which are found and certified by the Administrative Officer
to conform to the requirements of the development regulations contained
in this chapter for frontage on an improved street, zoning district
regulations, and for design standards and improvement specifications;
and further provided that each lot, tract, or parcel of land is shown
and designated as separate lots, tracts, or parcels on the official
Tax Map of the Borough. Those adjoining lots, tracts, or parcels of
land shown on the official Tax Map of the Borough which are owned
by the same person or persons but which individually do not conform
to the zoning district regulations and/or which do not meet the required
frontage on an improved street shall be treated under this chapter
as a single parcel of land no portion of which may be conveyed without
subdivision approval as prescribed by this chapter. The term "subdivision"
shall also include the term "resubdivision."
A committee of at least three members of the Planning Board
appointed by the Chairperson of the Planning Board for the purpose
of classifying, reviewing, commenting, and making recommendations
on applications for subdivision and site plan approval. The Committee
will have the power to approve minor subdivisions and site plans only.
Only those members or alternates of the board having jurisdiction
to act shall have the power to vote on a matter involving a minor
subdivision or minor site plan pursuant to N.J.S.A. 40:55D-46 and
40:55D-47.
Natural ground lying beneath a road.
Those waters that fall on land or arise from springs and
diffuse themselves over the surface of the ground following no defined
course or channel.
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly, annual or other fee.
A swimming pool located on a single family lot with a residence
on it and used as an accessory to the residence, and said pool is
utilized with no admission charges and not for the purpose of profit.
Also, a pool located on the premises of a hotel, motel, or multifamily
building or townhouse complex for use by hotel or motel guests or
by residents of the multifamily building or townhouse complex.
The same as "swimming pool, commercial."
Lands that are washed by tidal flows in accordance with the
NJDEP Tideland Council maps that are on file with the NJDEP and Municipal
Clerk.
The original upper layer of soil material to a depth of six
inches which is usually darker and richer than the subsoil.
When referring to a wireless telecommunications tower or
other structure, tower height is the distance measured from the finished
grade to the highest point on the tower or other structure, including
the base pad and any antenna.
[Added 10-26-2005 by Ord. No. 17-2005]
An integrated scheme of townhouse dwellings and common lands
or facilities.
A building containing three or more townhouse dwelling units.
A dwelling unit occupied by a single family, which unit is
attached to another by a common bearing structural element, together
with perpetual access and use of the open space designed as an integral
part of each unit provided either by fee simple ownership, homeowners'
association, or other means ensuring perpetual access and use, and
having been constructed in conformity with applicable rules, regulations
and chapters.
A parcel of land created by master deed in accordance with
N.J.S.A. 46:8A-1 et seq. (Horizontal Property Act).
An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. Tract is interchangeable with the words "site" and "premises."[13]
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of the Planning Board.
A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
Urban Land Institute.
The New Jersey Uniform Construction Code. N.J.S.A. 52:27D-119
et seq. (N.J.A.C. 5:23-1.1 et seq.).[14]
United States Coast and Geodetic Survey.
The specific purposes for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
See "floor area ratio, useable."
Essential services, including, but not limited to, sewers,
water, electricity, gas, and telephone, regulated by the State of
New Jersey or by the federal government.
Permission to depart from the literal requirements of zoning
regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c
and 40:55D-70d.[15]
Any structure designed for or utilized primarily for the
storage of goods and materials. The term shall include self-storage,
mini, or other form of commercial warehouse activities.
Channel or canal for the conveyance of water, particularly
drainage lands.
An area regulated by the New Jersey Freshwater Wetlands Act
(N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Areas known as marshes, swamps or other lowland subject to
tidal action or any area now or formerly connected to tidal waters,
whose surface is at or below an elevation of one foot above local
extreme high water and of which vegetation unique to tidal marshes,
swamps or lowlands has become adapted. This definition shall include,
but is not limited to, all the mapped New Jersey State wetlands.
A sign which is part of or affixed or attached to the interior
or exterior of a window or otherwise part of a window and located
within 18 inches of the interior of the window and which can be seen
from a public street or public parking facility.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carriers'
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
[Added 10-26-2005 by Ord. No. 17-2005]
Any area within a tract covered by trees, woods or forests,
including closely grouped or stands of 10 or more mature or specimen
trees of six-inch caliper or greater; or individual shade and specimen
trees of twelve-inch caliper or greater, or individual ornamental
trees of four-inch caliper or greater.
Includes, but is not limited to, any construction, building,
improvement or development, whether or not a building or other permit
is required, the removal or destruction of trees, shrubs or other
vegetation, soil disturbance, or any other act or action that may
have a detrimental impact on slope areas.
The space which lies between a building or structure and
a lot line. A yard is to be unoccupied and unobstructed from the ground
upward except as herein permitted. Yards will be identified as either
front yard, side yard, or rear yard.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of a building
or structure. The depth of the front yard shall be measured at right
angles to the front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of a building
or structure. The depth of a rear yard shall be measured at right
angles to the rear of the lot in the same manner as specified herein
for the measurement of lot depth.
A yard between the sideline of the lot and the nearest line
of a building or structure and extending from the front yard to the
rear yard, or, in the absence of either of such yards, to the front
or rear lot lines as the case may be. The width of a side yard shall
be measured at right angles to the sideline of the lot.
The same as "district"; includes the word "district."
The municipal official designated to enforce the provisions
of this chapter.
The same as "development permit."
[1]
Editor's Note: This ordinance refers to Ord. No. 07-2021,
adopted 4-22-2021. Prior amendment includes Ord. No. 07-2013.
[3]
Editor's Note: Exhibit 5-5 is included as Attachment 5 of
this chapter.
[4]
Editor's Note: See N.J.S.A. 13:9A-1 et seq.
[9]
Editor's Note: Exhibit 5-3 is included at the end of this chapter.
[10]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[11]
Editor's Note: See N.J.S.A. 52:18A-196 et seq.
[12]
Editor's Note: See N.J.S.A. 52:18A-196 et seq.
