Borough of Atlantic Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
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. 
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.
B. 
Words or word groups which are not defined below shall have the meanings set forth in the Municipal Land Use Law[1] or the Uniform Construction Code[2] or as given in Webster's Unabridged Dictionary.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
Certain words, phrases, and terms in this chapter are defined for the purpose herein as follows:
ACCESSORY BUILDING, STRUCTURE OR USE
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.
ADMINISTRATIVE OFFICER
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]
ADT (AVERAGE DAILY TRAFFIC)
The average number of cars per day that pass over a given point.
ADULT BOOKSTORE
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.
ADVISORY BASE FLOOD ELEVATION
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]
AGGRESSIVE SOILS
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.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERATIONS
As applied to a building or 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.
ALTERNATIVE TOWER 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]
AMUSEMENT ARCADE
Any place of business containing more than three amusement devices.
AMUSEMENT DEVICE
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.
ANTENNA
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]
APARTMENT
Dwelling unit in a multifamily building.
APPLICANT
A developer submitting an application for development or for a permit required in accordance with this chapter.
APPLICATION FOR DEVELOPMENT
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
"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]
ASCE
American Society of Civil Engineers.
ASTM
American Society for Testing Materials.
ATTIC, HABITABLE
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.
AUCTION MARKET
Any premises on which are held at periodic times auction sales of merchandise or any other personal property.
AUTOMOBILE REPAIR SHOP
The same as "motor vehicle repair garage."
AUTOMOBILE SALES AGENCY
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.
AUTOMOBILE SERVICE STATION
The same as "motor vehicle service station."
AUTOMOTIVE REPAIR GARAGE
The same as "motor vehicle repair garage."
AWNING
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.
AWWA
American Water Works Association.
BACKHAUL NETWORK
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]
BARRIER CURB
A vertical steep-faced curb intended to prevent encroachments by encouraging vehicles to stay within the cartway width.
BASEMENT
A story partly underground and having more than 1/2 of its volume above the average level of the finished grade at the front of a building. A basement shall be considered a story for the purpose of determining the number of stories. (Also, see "cellar.")
BED-AND-BREAKFAST ESTABLISHMENT
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]
BEDROOM
A room or portion of a structure with the principal function of serving as sleeping quarters.
BELGIAN BLOCK CURB
A type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.
BERM
A mound of soil, either natural or man-made, used as a view obstruction.
BICYCLE
A nonmotorized vehicle with two wheels tandem and pedals by which it is propelled.
BICYCLE-COMPATIBLE ROADWAY
A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.
BICYCLE LANE
A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
BICYCLE PATH
A pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.
BICYCLIST
One who rides a bicycle.
BIKEWAY
A pathway designed to be used by bicyclists.
BILLBOARD
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.
BLOCK
The length of a street between two street intersections.
BLOW-OFFS
An outlet in a pipe through which water or sediment can be discharged.
BOARD OF ADJUSTMENT
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.
BOARDING OR LODGING HOUSE
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.
BOATYARD
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.
BUFFER
An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.
BUILDABLE AREA
That central portion of any lot between required yards and/or setback lines.
BUILDING
A combination of materials to form a construction, having a roof and adapted to permanent, temporary, or continuous occupancy.
BUILDING AREA
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.
BUILDING COVERAGE
The area of a tract covered by buildings and roofed areas. Building coverage is expressed as a percentage of the total lot area.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished grade at the front of the building to the highest point of the roof. In special flood 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 shall be determined using Borough topographic data available at the time of the adoption of this ordinance[1] or as it may be updated from time to time. Where deemed appropriate by the Building Subcode Official appropriate façade treatments shall be extended to within 24 inches of finished grade.
[Amended 4-24-2013 by Ord. No. 07-2013]
BUILDING LINE (SETBACK LINE)
The line beyond which a building shall not extend unless otherwise provided in this chapter.
BUILDING PERMIT
A permit used for the alteration or erection of a building or structure in accordance with the provisions of the Uniform Construction Code.[2]
BUILDING, PRINCIPAL
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.
BULKHEAD
A structure separating land and water areas, primarily designed to resist earth pressures.
BULK STORAGE
The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.
BUSINESS OFFICE
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:
A. 
Insurance companies.
B. 
Trade associations.
C. 
Real estate companies.
D. 
Investment brokerage houses.
E. 
Banks and trust companies.
F. 
Advertising or public relations agencies.
G. 
Computer and data processing.
H. 
Management and consulting services.
I. 
Adjustment and collecting services.
J. 
Consumer credit reporting agencies.
CALIPER
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.
CANOPY
The same as "awning."
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CAPITAL IMPROVEMENTS PROGRAM
A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.
CAPPED SYSTEM
A completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.
CAR WASH
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.
CARPORT
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.
CARTWAY
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.
CELLAR
A story wholly or partly underground and having less than 1/2 of its cubic volume above the average level of the adjoining ground. A cellar shall not be considered a story for the purpose of height measurement in determining the number of stories. (Also, see "basement.")
CENTER-LINE OFFSET OF ADJACENT INTERSECTIONS
The gap between the center line of roads adjoining a common road from opposite or same sides.
CERTIFICATE OF COMPLETENESS
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.
CERTIFICATE OF NONCONFORMANCE
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.
CERTIFICATE OF OCCUPANCY
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]
A. 
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.
B. 
Any change from a residential use to any nonresidential use.
C. 
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:
(1) 
Change in ownership of the property or ownership of the entity occupying the premises.
(2) 
Any change from one non-residential use to another nonresidential use that:
(a) 
Is a permitted principal use in the zone.
(b) 
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.
(c) 
Is fully compliant with the performance standard requirements of § 150-67.
(d) 
Is fully compliant with the property maintenance requirements of § 150-68.
CHANNELIZATION
The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.
CHILD-CARE CENTER
A state-certified facility which provides care for children.
CHURCH
See "place of worship."
CIRCULATION
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.
CLUBHOUSE
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.
COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT
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.
COASTAL WETLANDS
The coastal wetlands designated by the New Jersey Wetlands Act of 1970.[3]
COMMERCIAL PARKING FACILITY
The same as "parking area, public"; also see "garage, public" and "vertical parking garage."
COMMERCIAL ZONING
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.
COMMON DEVELOPMENT LINE
A line within a tract or lot which designates the extent of a proposed development or improvements, separate developments within a single tract, or separate stages of development within the tract. Proposed improvements within a tract or site plan shall be shown for the entire tract, on both sides of any common development line.
COMMON LATERAL
A lateral serving more than one unit.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
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.
COMPLETE APPLICATION
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.
CONCEPT PLAN
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USE
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.
CONDOMINIUM
An ownership arrangement, not a land use; therefore, it is allowed in any zone and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium is a dwelling unit which has all of the following characteristics:
A. 
The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
B. 
The unit may be any permitted dwelling type.
C. 
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this chapter.
CONSTRUCTION
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.
CONVENTIONAL DEVELOPMENT
Development other than planned development, as defined herein.
CORNER LOT
A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°.
CORPORATION STOP
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.
COUNTRY CLUB
A facility for golf, tennis and related recreational uses which may include a clubhouse, restaurant, and incidental lodging for members or guests.
COUNTY MASTER PLAN
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.
COUNTY PLANNING BOARD
The Planning Board of the County of Monmouth as defined in N.J.S.A. 40:27-6.1.
COURT or COURTYARD
An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.
COVERAGE
The same as "lot coverage."
CRITICAL AREA
A sediment-producing highly erodible or severely eroded area.
CUL-DE-SAC
A local street with only one outlet and having the other end for the reversal of traffic movement.
CULVERT
A structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walk.
CURB
A vertical or sloping edge of a roadway. See also "Belgian block curb" and "barrier curb."[4]
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the front lot line.
CUSHION
Supportive or protective bedding materials placed underneath piping.
DAY CAMP
An organized and supervised daytime facility used for recreational purposes and licensed as required by the New Jersey Department of Health and Senior Services.
DAY-CARE CENTER
See "child-care center."
DAY(S)
Calendar day(s).
DENSITY
The permitted number of dwelling units per gross acre of land to be developed, including streets, easements and open space portions of a development.
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.
DESIGN GUIDELINES
Guidelines that provide a general framework for sound planning.
DESIGN STANDARDS
Standards that set forth specific improvement requirements.
DETENTION BASIN
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.
DETRIMENTAL IMPACT
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.
DEVELOPER
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.
DEVELOPMENT
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.
DEVELOPMENTALLY DISABLED
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.
DEVELOPMENT PERMIT
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.
DEVELOPMENT REGULATION
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.
DISTRICT
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.
DIVIDED HIGHWAY
The same as "dual road."
DRAINAGE
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.
DRAINAGE FACILITY
Any component of the drainage system.
DRAINAGE RIGHT-OF-WAY
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.[5]
DRAINAGE SYSTEM
The system through which water flows from the land, including all watercourses, water bodies and wetlands.
DRIVE-IN ESTABLISHMENT
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.
DRIVE-IN RESTAURANT
The same as "restaurant, drive-in."
DRIVEWAY
A paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.
DROP MANHOLE
A manhole provided for inspection and maintenance of sewers where an incoming sewer is considerably higher than the outgoing.
DROP PIPE
A vertical pipe used to convey sewage from a higher to a lower elevation.
DRY LINES
See "capped system."
DUAL ROAD
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.
DWELLING
Any building or portion thereof designed or used exclusively for one or more dwelling units.
DWELLING UNIT
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.
DWELLING, MULTIPLE
A building designed for or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.
DWELLING, SINGLE-FAMILY
A detached building designed for or containing one dwelling unit.
DWELLING, TWO-FAMILY
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.
EASEMENT
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.
EAVE
The lower border of a roof that joins or overhangs the wall.
EDUCATIONAL USE
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.
ELEEMOSYNARY
The giving of money and/or services to a charitable or philanthropic organization.
ENVIRONMENTAL COMMISSION
The municipal Environmental Commission, a municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL CONSTRAINTS
Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.
ENVIRONMENTAL IMPACT STATEMENT (E.I.S.)
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.[6]
ERECT
To build, construct, attach, place, suspend, affix, and paint.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
ESCROW
A deed, bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.
ESSENTIAL SERVICES
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]
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXCAVATION WORK
The excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvements within a public street or drainage right-of-way. These public improvements include, but are not limited to, curb, sidewalk, driveway, and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guard rails, or any other public improvement existing within the public right-of-way. For the purposes of this chapter, that work which is being performed outside of the public right-of-way, but which requires the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. Excavation work shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this chapter, including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
EXEMPT DEVELOPMENT
That site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:
A. 
Construction, additions, or alterations related to single-family or two-family detached dwellings or their accessory structures on individual lots.
B. 
Any change in occupancy which is not a change in use (as herein defined).
C. 
Individual applications for accessory mechanical or electrical equipment, whose operation and location conforms to the design and performance standards of this chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required.
D. 
Sign(s) which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required and provided such sign(s) conform to the applicable design and zoning district regulations of this chapter.
E. 
Construction or installation of essential services.
F. 
Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this article.
G. 
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.
FAA
The Federal Aviation Administration.
[Added 10-26-2005 by Ord. No. 17-2005]
FAMILY
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.
FCC
The Federal Communications Commission.
[Added 10-26-2005 by Ord. No. 17-2005]
FENCE
A structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.
FENCE, OPEN
A fence in which two-thirds of the area, between grade level and the top cross member (wire, wood or other material), is open.
FINAL APPROVAL
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.
FINAL PLAT
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.
FLAT ROOF
A roof having a continuous horizontal surface with a minimal pitch and arranged to be essentially parallel to the floor plane.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters; and/or
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN
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.
FLOODPLAIN ENCROACHMENT PERMIT
Permission of the Borough to build in accordance with municipal floodplain regulations.
FLOODWAY
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.
FLOOR
A story of a building.
FLOOR AREA
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.
FLOOR AREA RATIO, USEABLE
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]
FLOOR AREA, SALES
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.
FLOOR AREA TOTAL
The same as "floor area."
FLUSHING
The cleaning out of debris and sediment from pipes by force of moving liquid, usually water.
FOUNDATION
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]
FUNERAL HOME or MORTUARY
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.[7]
GABLE ROOF
A double-sloping roof that forms a gable at each end.
GARAGE
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]
GARAGE, PRIVATE
An enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.
GARAGE, PUBLIC
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.
GARDEN APARTMENT
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.
GASOLINE FILLING STATION
The same as "motor vehicle service station."
GENETICALLY ENGINEERED MATERIAL
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.
GOVERNING BODY
The Borough Council of Atlantic Highlands.
GRADE, EXISTING
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.
GRADE, FINISHED
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.
GROUND COVER
Low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.
GROUND SIGN
Any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.
GUTTER
A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
HABITABLE ROOM
Any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings, or assembly lobbies. All habitable rooms within a dwelling unit shall have natural light, ventilation, and heat. Garages, bathrooms, closets, storage areas, hallways, stairs are not considered to be habitable rooms.
HAZARDOUS MATERIALS
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.
HEALTH CARE FACILITY
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.
HIGH WATER LINE
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.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
HOME OCCUPATION
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.
HOME PROFESSION
(See "profession, home.")
HOSPITAL
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.
HOUSEHOLD
The person or persons occupying a dwelling unit.
HOUSE TRAILER
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.
HYDROLOGIC RESPONSE
The properties, distribution, and circulation of water.
IES
Illuminating Engineering Society.
ILLUMINATED SIGN
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.
IMPERVIOUS SURFACE
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.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.
IMPROVED PARKING AREA
An area for the temporary location of motor vehicles which has been modified from its natural condition by excavation, fill or structures.
IMPROVED STREET
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.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit.
INTERESTED PARTY
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.
INTERIOR OR INSIDE LOT
A lot bounded by a street on one side only.
INTERIOR STREET OR ROAD
A street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.
INTERNAL STREET OR ROAD
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.
ISLAND
In street design, a raised area usually curbed, placed to guide traffic, separate lanes, or used for landscaping, signing, or lighting.
ITE
Institute of Transportation Engineers.
JETTY
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.
JUNK OR SALVAGE YARD
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.
KENNEL
An establishment for the breeding or boarding of dogs or cats.
KITCHEN
An area used or designed to be used for the preparation of food.
LAKES and PONDS
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.
LAND
Any real property including improvements and fixtures on, above or below the surface.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling of land, and any other activity which causes land to be exposed to the danger of erosion.
LANDSCAPE or LANDSCAPING
The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices.
LATERAL SEWERS
Pipes conducting sewage from individual buildings to larger pipes called trunk or interceptor sewers that usually are located in street rights-of-way.
LOADING SPACE
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.
LOT
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."
LOT AREA
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.
LOT, CORNER
Any lot at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE
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.
LOT FRONTAGE
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.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
Any line designating the extent or boundary of a lot which shall further be defined as follows:
A. 
A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
B. 
The lot line most distant and generally opposite and parallel to the front lot line.
C. 
Any lot line other than a front or rear lot line.
LOT SHAPE REQUIREMENT
Lot shape requirements specified by the Illustration of Lot Shape Requirement, Exhibit 5-3.[8]
LOT WIDTH
The distance between the property sidelines measured along the front yard setback line. Unless otherwise specified, lot width shall equal minimum lot frontage.
LOWER-INCOME HOUSEHOLD
A household whose income is within the current moderate- or low-income limits for the Borough's housing region as established by the New Jersey Council on Affordable Housing.
LOWEST FLOOR
The lowest level (including basement, crawl space and garage) of the lowest enclosed area.
MAINTENANCE BOND
Any security that is acceptable to the governing body to assure the maintenance of approved installations by developers.
MAINTENANCE GUARANTEE
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.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan or exempt site development.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MANHOLE
An inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.
MANNING EQUATION
A method for calculating the hydraulic capacity of a conduit to convey water.
MANUFACTURED HOME
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.
MANUFACTURING
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.
MARINA
Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats.
MARINE ACTIVITIES
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]
A. 
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.
B. 
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.
MASTER PLAN
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.
MAYOR
The Mayor of Atlantic Highlands.
MEDIAN
That portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.
MENTALLY ILL PERSON
A person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.
MINOR SITE PLAN
A development plan for one or more lots which is (are) subject to development which:
A. 
Requires site plan approval, and
B. 
Meets the requirements set forth in 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
C. 
Meets the following conditions:
(1) 
The construction of drainage facilities is not required either on or off site.
(2) 
New building construction and/or building additions do not exceed 1,000 square feet of gross floor area.
(3) 
The proposed development does not increase parking requirements by more than five spaces.
(4) 
The proposed development conforms to the performance standards set forth in Article V.
(5) 
The proposed development will not require the issuance of a CAFRA permit.
(6) 
The proposed development does not involve planned development.
(7) 
The proposed development does not involve any new street or the extension of any existing street.
(8) 
The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
(9) 
The proposed development does not involve the disturbance of 5,000 square feet or more of ground area.
MINOR SUBDIVISION
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:
A. 
That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
B. 
That the subdivision does not require the extension of municipal facilities at the expense of the municipality.
C. 
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
D. 
That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
E. 
That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).
F. 
That no portion of the lands involved have constituted a part of a minor subdivision within three years preceding the application.
MIXED-USE DEVELOPMENT
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.
MLUL
Municipal Land Use Law.[9]
MOBILE HOME
The same as "house trailer."
MOTEL
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.
MOTOR VEHICLE REPAIR GARAGE
A building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline or new or used automobiles or trucks, in which auto body work or the overhauling or replacement of automobiles, automobile parts, or any portion thereof, is conducted as a business for profit.
MOTOR VEHICLE SERVICE STATION
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.
MULCH
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.
MULTIFAMILY BUILDING
Any building containing three or more dwelling units within a lot. Dwelling units within multifamily buildings are classified as multifamily dwellings.
MUNICIPAL FACILITY
A facility owned, leased, or otherwise controlled by the Borough of Atlantic Highlands.
[Added 10-26-2005 by Ord. No. 17-2005]
MUNICIPALITY
The Borough of Atlantic Highlands.
MUNICIPAL LAND USE LAW
N.J.S.A. 40:55D-1 et seq (Chapter 291, Laws of New Jersey, 1975, as amended).
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.
NONCOMMERCIAL ZONE
All zones not included in commercial zone.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision, or amendment.
NONCONFORMING USE
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.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvacultural, mining, construction, subsurface disposal and urban runoff sources.
NURSERY SCHOOL
See "child-care center."
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OCCUPANCY PERMIT
The same as "certificate of occupancy."
OFFICIAL COUNTY MAP
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.
OFFICIAL MAP
A map adopted by ordinance by the governing body pursuant to N.J.S.A. 40:55D-32 et seq.
OFF SITE
Located outside the lot lines of the lot in question, but within the property limits (of which the lot is a part) which is the subject of a development application. Off-site areas shall include any contiguous portion of a street or right-of-way.
OFF-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.
OFF TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN PORCH OR STEPS
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.
OPEN SPACE
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.
OWNER
Any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land which is the subject of a development proposal.
PARK
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.
PARKING AREA
An open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.
PARKING AREA, PRIVATE
An area, other than a street, intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and not used by the general public.
PARKING AREA, 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.
PARKING GARAGE
The same as "garage, public."
PARKING SPACE
An off-street space provided for the parking of a motor vehicle exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.
PARTY IMMEDIATELY CONCERNED
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.
PATIO
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.
PAVEMENT
See "cartway."
PEEP SHOW
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.
PERFORMANCE GUARANTEE
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.
PERFORMANCE STANDARDS
See "standards of performance."
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PERSONAL SERVICES
An act by which skills of one person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.
PERVIOUS SURFACE
Any material that permits full or partial absorption of stormwater into previously unimproved land.
PESTICIDE
Any substance or mixture of substance labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.
PETROLEUM PRODUCTS
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.
PET STORE
An establishment engaged in the retail sale of pets and specialized merchandise related to pets.
PLACE OF WORSHIP
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 DEVELOPMENT
Planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARD
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.
PLANNING BOARD ENGINEER
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.
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
The map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. Final plat shall also include and be synonymous with the term "final site plan."
PLAT, PRELIMINARY
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."
PLOT
See "site."
PRELIMINARY APPROVAL
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.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
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.
PREMISES
A lot or tract of land or any combination thereof held under a single ownership or control.
PRIMARY OR PRINCIPAL USE
The primary or principal purpose for which a building, structure or lot is used.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use on the lot on which said building is situated.
PROFESSIONAL OFFICE
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.
PROFESSIONAL OFFICE BUILDING
A building, the occupancy of which is limited to professional offices.
PROFESSION, HOME
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.
PROHIBITED USE
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. 
Public parks, playgrounds, trails, paths and other recreational areas;
B. 
Other public open spaces;
C. 
Scenic and historic sites; and
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
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.
PUBLIC OPEN SPACE
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.
QUORUM
The majority of the full authorized membership of a Planning Board.
RADIOACTIVE USE
Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.
RATIONAL METHOD
A method of runoff calculation.
RECHARGE
The replenishment of underground water reserves.
RECREATIONAL VEHICLE
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.
RECREATION AREA
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.
REMOVAL
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.
RESIDENTIAL DENSITY
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.
RESTAURANT
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.
RESTAURANT, DRIVE-IN
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.
RESUBDIVISION
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.
RETAINING WALL
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.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water runoff.
REVETMENT
A facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.
RIGHT-OF-WAY
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.
ROOFTOP DECK
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]
ROOMING HOUSE
The same as "boarding or lodging house."
SAND DUNES
Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
SATELLITE DISH ANTENNA or SATELLITE ANTENNA
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.
SCHOOL
The same as "educational use."
SCREEN
A structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
SCS
Soil Conservation Service.
SEAWALL
A wall or embankment to resist encroachment of the sea.
SECONDARY USE
The same as "accessory use."
SEDIMENT
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.
SEDIMENTATION
The transport and depositing of solid material by water.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.
SENIOR CITIZEN
For the purpose of meeting the eligibility requirements of senior citizen housing, persons aged 55 and older.
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition of domestic wastes.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage.
SETBACK
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.
SETBACK LINE (BUILDING LINE)
The line beyond which a building shall not extend unless otherwise provided in this chapter.
SEWER
Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams.
SHADE TREE
A tree in a public place, street, special easement, or right-of-way adjoining a street.
SHAPE REQUIREMENT
See "lot shape requirement."
SHED
A structure built for storage of miscellaneous items.
SHOPPING CENTER
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.
SHOULDER
The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.
SIDEWALK AREA
A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.
SIGHT TRIANGLE
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.
SIGN
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:
A. 
Any sign located away from a business which gives directions to the location of the business.
B. 
Any sign supported by uprights or braces placed upon the ground, and not attached to any building, tree or structure.
C. 
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.
D. 
Any lettering or design painted directly on the building surface.
E. 
Any 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.
F. 
Any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.
G. 
Includes 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.
SITE
Any plot, parcel or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, and waterways;
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SKETCH PLAT
See "concept plan."
SLOPE AREA
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.
SOIL
All unconsolidated mineral and organic material of any origin that overlies bedrock and which can be readily excavated.
SOIL CEMENT
A mixture of portland cement and locally available soil. It serves as a soil stabilizer.
SOIL CONSERVATION DISTRICT
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]
SOIL DISTURBANCE
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.
SOIL EROSION AND SEDIMENT CONTROL PLAN
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.
SOLID WASTE
Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.
SPECIAL FLOOD HAZARD AREA
The land area covered by the floodwaters of the base flood.
[Added 4-24-2013 by Ord. No. 07-2013]
STABILIZED TURF OR EARTH
Turf, or earth (soil), strengthened usually by the mixing of cement or lime with the original material to achieve increased strength, thereby reducing shrinkage and movement.
STANDARDS OF PERFORMANCE
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.
STANDARD SPECIFICATIONS
The Standard Specifications for Road and Bridge Construction as promulgated and revised by the New Jersey Department of Transportation.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN
The plan established pursuant to P.L. 1985, Chapter 398,[10] designed for use as a tool for assessing suitable locations for infrastructure, housing, economic growth and conservation in the State of New Jersey.
STATE PLANNING COMMISSION
The commission established pursuant to P.L. 1985, Chapter 398.[11]
STEEP SLOPES
Areas where the average slope exceeds 15% which, because of this slope, are subject to high rates of stormwater runoff and erosion.
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORMWATER RETENTION
A provision for storage of stormwater runoff.
STORY
That portion of a building between a floor and ceiling, excluding cellars.
STORY, HALF
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]
STREET
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.
STREET, ARTERIAL
Roadways with a high volume of traffic flow.
STREET, COLLECTOR
Any street that collects traffic from local streets and channels it onto the system of arterial streets.
STREET FURNITURE
Man-made, aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.
STREET HARDWARE
The mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.
STREET HIERARCHY
The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.
STREET, IMPROVED
See "improved street."
STREET LINE
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.
STREET, LOCAL
Any street that provides access to lots and carries traffic having a destination or origin on the street itself.
STREET, LOOP
A street that has its only ingress and egress at two points on the same subcollector or collector street.
STREET, UNIMPROVED
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.
STRIPPING
Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
STRUCTURAL ALTERATIONS
The same as "alterations."
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land 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."
SUBDIVIDER
Any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
SUBDIVISION
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."
SUBDIVISION AND SITE PLAN COMMITTEE
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.
SUBGRADE
Natural ground lying beneath a road.
SURFACE WATERS
Those waters that fall on land or arise from springs and diffuse themselves over the surface of the ground following no defined course or channel.
SWIMMING POOL, COMMERCIAL
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.
SWIMMING POOL, PRIVATE
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.
SWIMMING POOL, PUBLIC
The same as "swimming pool, commercial."
TIDELANDS
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.
TOPSOIL
The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.
TOWER HEIGHT, WIRELESS TELECOMMUNICATIONS TOWER
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]
TOWNHOUSE COMPLEX
An integrated scheme of townhouse dwellings and common lands or facilities.
TOWNHOUSE DWELLING
A building containing three or more townhouse dwelling units.
TOWNHOUSE DWELLING UNIT
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.
TOWNHOUSE LOT
A parcel of land created by master deed in accordance with N.J.S.A. 46:8A-1 et seq. (Horizontal Property Act).
TRACT
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."[12]
TRANSCRIPT
A typed or printed verbatim record, or reproduction thereof, of the proceedings of the Planning Board.
TRIP
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.
ULI
Urban Land Institute.
UNIFORM CONSTRUCTION CODE
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.).[13]
USCGS (also USC&G and USC&GS)
United States Coast and Geodetic Survey.
USE
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.
USEABLE FLOOR AREA RATIO
See "floor area ratio, useable."
UTILITIES
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.
VARIANCE
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.[14]
WAREHOUSE
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.
WATERCOURSE
Channel or canal for the conveyance of water, particularly drainage lands.
WETLANDS (NONTIDAL OR FRESHWATER)
An area regulated by the New Jersey Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
WETLANDS (TIDAL)
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.
WINDOW SIGN
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.
WIRELESS TELECOMMUNICATIONS TOWER
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]
WOODED AREA
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.
WORK or DISTURBANCE
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.
YARD
The space which lies between a building or structure and a lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. Yards will be identified as either front yard, side yard, or rear yard.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building or structure. The depth of the front yard shall be measured at right angles to the front line of the lot.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a building or structure. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.
YARD, SIDE
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.
ZONE
The same as "district"; includes the word "district."
ZONING OFFICER
The municipal official designated to enforce the provisions of this chapter.
ZONING PERMIT
The same as "development permit."
[1]
Editor's Note: "This ordinance" refers to Ord. No. 07-2013, adopted 4-24-2013.
[2]
Editor's Note: See N.J.A.C. 5:23 and Ch. 136, Construction Codes, Uniform.
[3]
Editor's Note: See N.J.S.A. 13:9A-1 et seq.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]
Editor's Note: Exhibit 5-3 is included at the end of this chapter.
[9]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[10]
Editor's Note: See N.J.S.A. 52:18A-196 et seq.
[11]
Editor's Note: See N.J.S.A. 52:18A-196 et seq.
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[13]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[14]
Editor's Note: The original definition of "wall sign," which immediately followed this definition, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).