Wherever a term is defined in N.J.S.A. 40:55D-1 et seq., the
Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119 et seq., the
Uniform Construction Code, and used in this article, such term is
intended to include and have the meaning set forth in the definition
of such term found in said statute and code in addition to the definition
for such term which may be included in this article, unless the context
clearly indicates a different meaning.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
A.Â
Words used in the present tense include the future; the singular
number includes the plural and the plural, the singular; the word
"lot" includes the word "structure"; 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.Â
Words or word groups which are not defined below shall have the meaning
set forth in the Municipal Land Use Law or as given in Webster's Unabridged
Dictionary.
[Amended 4-18-2005 by Ord. No. 2005-2815; 9-21-2009 by Ord. No. 2009-2989]
Certain words, phrases, and terms in this chapter are defined
for the purpose herein as follows:
A dwelling located on the same lot as a principal dwelling
and used only for the housing of domestic employees and their families.
A subordinate use building or structure, the purpose of which
is incidental to that of a principal use building or structure on
the same lot. Any structure or building containing living space shall
never be considered an accessory building.
For all matters before the Township Committee, the Township Clerk. For all matters pursuant to sections pertaining to applications, minutes and other administrative matters, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board and the Secretary of the Board of Adjustment in matters involving the Board of Adjustment. In matters involving § 540-303D pertaining to issuance of the official list of adjacent property owners for required notices, the Administrative Officer shall be the Tax Assessor. In matters involving § 540-305 pertaining to records maintenance, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board, the Secretary of the Board of Adjustment in matters involving the Board of Adjustment, 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 involving §§ 540-304A, 540-306, 540-402, 540-528A(4), 540-528B and 540-529 pertaining to issuance of a permit or enforcement of this chapter, the Administrative Officer shall be the Zoning Officer. In matters involving §§ 540-304B, 540-311, 540-404A, B, C and G(1), 540-407A, 540-408A, D and E, 540-410A, D and E, 540-411A, D and E, 540-412A, D and F, 540-413A, 540-414, 540-416 and 540-417 pertaining to review of applications for completeness and for compliance, the Administrative Officer shall be the Township Planner. If no person holds the position of Township Planner, then the Township Administrator or such other person as the Township Committee may designate shall act as the Administrative Officer.
An establishment devoted primarily to the sale, rental, distribution
or showing of materials of a sexually explicit nature. No one under
the age of 18 shall be admitted to such an establishment. For the
purpose of this provision, primarily means where more than 40% of
the gross floor area of any establishment is devoted to such use.
Includes the term "adult bookstore peep show." This definition shall
also apply to adult-oriented nightclubs such as go-go bars, where
live exotic dancing is performed for patrons, whether or not alcoholic
beverages are provided.[1]
Housing which is subject to the restrictions as to sales or rental price and occupancy set forth in § 540-531 of this chapter such that the dwelling will be available for purchase or rent by and occupied by low- or moderate-income households and will qualify as an affordable housing unit under the regulations of the New Jersey Council on Affordable Housing.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one foot and three feet. Base flood elevations (BFEs) derived
from detailed hydraulic analyses are shown in this zone.
[Added 6-4-2018 by Ord.
No. 2018-3221]
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.
Any place of business containing more than three amusement
devices.
Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other openings, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include,
but not be limited to such devices as "Pac-Man" or other types of
electronically operated game devices, skill ball, mechanical games
operations or transactions similar thereto, by whatever name they
may be called and shall not include pool or billiard tables.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one foot and three feet.
[Added 6-4-2018 by Ord.
No. 2018-3221]
Dwelling unit in a multifamily building.
A request for a review of the Zoning Officer's interpretation
of any provision of this chapter or a request for a variance.
[Amended 9-21-2009 by Ord. No. 2009-2989]
A developer submitting an application for development or
for a permit required in accordance with this chapter.
The application form and all accompanying documents, fees
and deposits required by ordinance for approval of "development,"
including but not limited to 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,
that has been issued a certificate of completeness by the appropriate
Administrative Officer. An "application for development" shall also
mean the completed application form and all accompanying documents,
fees and deposits required by ordinance for approval of "exempt development"
as defined and regulated herein.
[Amended 4-18-2011 by Ord. No. 2011-3029]
Either the Township Planning Board, Zoning Board of Adjustment
or governing body.
A designation AO, AH, or VO Zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a 1% annual or greater chance
of flooding to an average depth of one to three feet; where a clearly
defined channel does not exist; where the path of flooding is unpredictable;
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
[Amended 9-21-2009 by Ord. No. 2009-2989]
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. It
is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99,
or AH.
[Amended 9-21-2009 by Ord. No. 2009-2989; 6-4-2018 by Ord. No. 2018-3221]
The land within a community which is most likely to be subject
to severe flood-related erosion losses. After a detailed evaluation,
the special flood-related erosion hazard area will be designated as
Zone E on the Flood Insurance Rate Map.
[Amended 9-21-2009 by Ord. No. 2009-2989]
A building or portion thereof in which sculpture, paintings,
or other artistic work is displayed and where sales of said artistic
work may or may not be offered for sale.
A roadway so designated on the circulation plan of the Master
Plan.
A facility which is licensed and meets the provisions in
the publication entitled "Standards for Licensure of Assisted Living
Residences and Comprehensive Personal Care Homes" by the N.J. Department
of Health and Senior Services and provides apartment-style housing
and congregate dining with supportive services to adult persons unrelated
to the proprietor. In determining maximum building density for zoning
compliance, assisted-living facilities shall be governed by a floor
area ratio (FAR) and not dwelling unit density.
[Amended 10-19-1998 by Ord. No. 98-2529]
An outdoor athletic facility, whether publicly or privately
owned and operated, for which its principal use consists of practice
and playing fields and associated accessory buildings, structures
or parking areas used for active recreational purposes such as soccer,
field hockey, lacrosse, baseball, softball and similar sports.
[Added 7-7-2014 by Ord.
No. 2014-3109]
Any premises on which are held at periodic times, auction
sales of merchandise or any other personal property.
Any building, lot or portion thereof, in which or upon which
a business or service involving the maintenance, servicing, repair
of vehicles, including auto detailing, is conducted or rendered. Does
not include auto body work or painting of automobiles.
A place of business where the primary purpose is the sale
of new and/or used motor vehicles, having a building with either showrooms,
office space, repair and/or maintenance facilities with or without
outside sales on the same business premises or immediately adjacent
thereto.
The same as "motor vehicle service station."
An establishment open to the general public in which the
primary activity involves the serving and consumption of alcoholic
beverages and in which live entertainment is not permitted to occur
more than two nights per week.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
[Amended 9-21-2009 by Ord. No. 2009-2989; 6-4-2018 by Ord. No. 2018-3221]
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a one-percent or greater
chance of being equaled or exceeded in any given year. For Zones VE
and V1-30, the elevation represents the stillwater elevation (SWEL)
plus wave effect (BFE = SWEL + wave effect) resulting from a flood
that has a one-percent or greater chance of being equaled or exceeded
in any given year.
[Amended 9-21-2009 by Ord. No. 2009-2989; 6-4-2018 by Ord. No. 2018-3221]
A story partly underground and having up to 3/4 of its height
above the average level of the finished grade. No portion of a basement
which is more than 1/4 exposed either horizontally or vertically shall
be permitted to face the street which adjoins the front yard. In the
case of a dwelling constructed and/or located within the one-hundred-year
floodplain, where elevation above the base flood elevation is required,
basement areas shall in no case account towards the floor area ratio
limit. With respect to structures within areas of special flood hazard,
"basement" means any area of the building having its floor subgrade
(below ground level) on all sides.
[Amended 9-18-2000 by Ord. No. 2000-2589; 9-21-2009 by Ord. No. 2009-2989]
Any gently sloping unvegetated area of sand or other unconsolidated
material that extends landward from the mean high water line to either:
The vegetation line;
A man-made feature generally parallel to the ocean, inlet, or
bay waters such as a retaining structure, seawall, bulkhead, road
or boardwalk, except that sandy areas that extend fully under and
landward of an elevated boardwalk are considered to be beach areas;
or
The seaward or bayward foot of dunes, whichever is closest to
the bay, inlet or ocean waters.
Beaches can be found on all tidal shorelines, including ocean,
bay and river shorelines.
A house or part thereof, where short-term lodging is available
and where meals are provided in a common eating area. The owner or
operator must live either in or adjacent to the premises.
A room or portion of a structure with the principal function
of serving as sleeping quarters.
The effective Flood Insurance Risk Maps or most recent Preliminary
Flood Hazard Maps FEMA has provided.
[Added 6-4-2018 by Ord.
No. 2018-3221]
Is depicted on the effective FIRM, or FIS, or Preliminary
Flood Hazard Maps or Preliminary FIS.
[Added 6-4-2018 by Ord.
No. 2018-3221]
A structure utilized for advertising an establishment, an
activity, a product, a service, entertainment, or a message which
is sold, produced, manufactured, available or furnished at a place
other than on the property on which said structure is located.
The length of a street between two street intersections.
The Board established pursuant to N.J.S.A. 40:55D-69 and § 540-302 of this chapter. The term "Board of Adjustment" as used in this chapter also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.
The licensed New Jersey Professional Engineer specifically
retained by the Board of Adjustment (or assigned by the Township Engineer
with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
the Board of Adjustment Engineer, the Township Engineer may assume
the duties of the office.
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 issued by the Department of Building and
Inspections is required for any dwelling for hire.
[Amended 2-6-2017 by Ord.
No. 2017-3185]
Any facility where docking accommodations 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 boat yard shall be deemed to include all auxiliary
and accessory services as chandlery, gasoline sales and rental business
activities related to the primary use.
Any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which are not part of the structural support
of the building and which are so designed and constructed to collapse
under specific lateral loading forces without damage to the structural
integrity of the elevated portion of the building or supporting foundation
system on which they are used or any buildings to which they might
be carried by floodwaters.
[Amended 9-21-2009 by Ord. No. 2009-2989]
An area designated to separate uses so as to minimize conflicts
such as noise, views and activities. Buffer areas shall generally
be kept in their natural state or landscaped as determined by the
approving authority.
The contiguous area of any lot exclusive of Class I Critical
Areas and with not more than 25% of its area classified as Class II
Critical Areas.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The total of areas of outside dimensions on a horizontal
plane and ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces, decks or steps.
The area of a tract covered by buildings and roofed areas,
measured at the building line. Building coverage is expressed as a
percentage of the total tract area.
That portion of any lot within the required setback lines.
The vertical distance measured from the average elevation
of the existing predevelopment grade and/or highest adjacent grade
as defined herein at the four corners of the smallest possible square
or rectangle encompassing the proposed building to the highest point
of the roof for flat roofs; to the mean height level of the distance
measured between the eaves and ridge for gable and hip roofs; and
to the deck line for mansard roofs. 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 for flat roofs; to the mean height level of the
distance measured between the eaves and ridge for gable and hip roofs;
and to the deck line for mansard roofs. Where property is filled prior
to development, building height 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 Township topographic data available at the time of the adoption
of this chapter or as it may be updated from time to time.
[Amended 6-19-2006 by Ord. No. 2006-2879; 3-15-2010 by Ord. No. 2010-3002; 12-17-2012 by Ord. No. 2012-3073]
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
A permit used for the alteration or erection of a building
or structure in accordance with the provisions of the building code
of the Township of Middletown.[2]
A structure in which is conducted the principal use of the
site on which it is situated. In any residential district, any dwelling
shall be deemed to be a principal building on the lot on which it
is located.
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, insulation, mechanical equipment and lumber.
A structure separating land and water areas, primarily designed
to resist earth pressures.
An area where two or more trucks or buses are stored on a
regular basis. Includes repair and servicing of trucks or buses.
A business establishment, which does not offer a product
or merchandise for sale to the public, but offers a service to the
public. However, personal services, such as barber and beauty shops
and repair services, such as radio and television repair shops, are
not to be included within the definition of "business office."
A one-story, ground level detached accessory structure with
a closed roof permitted to serve a lawfully existing and approved
in-ground swimming pool on a residential property to be used for recreational
or storage purposes associated with the residential use of the property.
Only one pool cabana is permitted per residential property. In addition,
cabana shall comply with the following:
[Added 12-21-2020 by Ord.
No. 2020-3300]
Size.
|
Lot Size
(square feet)
|
Maximum cabana size
(square feet)
|
|---|---|
|
10,000 to 22,000
|
150
|
|
22,001 to 45,000
|
200
|
|
45,001 or more
|
250
|
The pool cabana must be seasonal (closed for at least 90 days)
and is not permitted to have heating equipment, air conditioning,
contain a full-service kitchen or be designed for cooking or sleeping.
A deed restriction containing the following language to be filed
with the Monmouth County Clerk's office: The grantor and grantee specifically
represent and warrant that this deed contains a deed restriction whereby
the cabana use will not contain heating equipment, bedroom and/or
living quarters, full service kitchen or be designed for cooking or
sleeping. This deed restriction is intended to prohibit conversion
to a habitable space.
Cabanas shall meet the accessory setback requirements for the zone in relation to the location in the yard, lot coverage and setback as well as additional requirements set forth within § 540-508.
A governmental acquisition or improvement of real property
or major construction project.
A facility for the washing and cleaning of automobiles and
other motor vehicles using production line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, the carport shall have no sides unless
such sides are the exterior wall of an adjacent building.
A portion of a structure which is wholly or partly underground
and having no more than 1/4 of its perimeter either horizontally or
vertically above the level of the adjoining ground.
[Amended 9-18-2000 by Ord. No. 2000-2589]
A certificate issued by the Administrative Officer (Township Planner, Planning Board Secretary or Zoning Board of Adjustment Secretary) after all required submissions, including items required per §§ 540-404 through 540-414 and application fees and escrow deposits required per § 540-313, and any requests for waivers of submission requirements, have been made in proper form, certifying that an application for development is complete.
[Amended 4-18-2011 by Ord. No. 2011-3029]
A document issued by the Zoning Officer for a nonconforming
use or structure existing at the time of passage of the zoning ordinance
or any amendment thereto which pursuant to N.J.S.A. 40:55-48, may
be continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for nonconforming use, structure or lot.
A certificate issued upon completion of construction and/or
alteration of any building; or change in use of any building; or change
in occupancy of a nonresidential building. Said certificate shall
acknowledge compliance with all requirements of this chapter, such
adjustments thereto granted by the Board of Adjustment or Planning
Board and/or all other applicable requirements.
Any change from an industrial use to any other industrial use
or to any other use category;
Any increase in the number of dwelling units in a structure
or on a lot;
Any change from any nonresidential use to any other use for
which any standard set forth in this chapter is greater or more restrictive;
Any change from a residential use to any nonresidential use;
Any change in use from any existing or permitted use to any
conditional use;
Any change from any existing or permitted use to any permitted
use which can be classified as being in a category lower on the following
list than was original use:
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
Any home or facility by whatever name known which is maintained
for the care, development or supervision of six or more children under
13 years of age and who attend for less than 24 hours a day. For a
facility that is located in a sponsor's home, the children residing
in the home or legally related to the sponsor shall not count towards
the minimum number of children that would require it to be licensed.
Child care for school age children six to 13 years of age shall include
programs that serve children before and/or after regular school sessions.
[Amended 8-28-1995 by Ord. No. 95-2415]
See "place of worship."
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
The clear sight distance measured along a line perpendicular
to the midpoint of a window sill and 60° radial from that line
at the window sill in all directions vertical and horizontal forming
a cone of vision.
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.
The New Jersey Council on Affordable Housing.
A permit issued for specific development within the coastal
area of New Jersey in accordance with N.J.S.A. 13:19 et seq. and in
accordance with rules and regulations promulgated thereunder.
The portion of the special flood hazard area (SFHA) starting
from a Velocity (V) Zone and extending up to the landward limit of
the moderate wave action delineation. Where no V Zone is mapped, the
Coastal A Zone is the portion between the open coast and the landward
limit of the moderate wave action delineation. Coastal A Zones may
be subject to wave effects, velocity flows, erosion, scour, or a combination
of these forces. Construction and development in Coastal A Zones is
to be regulated the same as V Zones/coastal high hazard areas.
[Added 6-4-2018 by Ord.
No. 2018-3221]
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources.
[Amended 9-21-2009 by Ord. No. 2009-2989]
The coastal wetlands designated by the New Jersey Wetlands
Act of 1970.[3]
A roadway so designated on the circulation element of the
Master Plan.
The same as "parking area, public." also see "garage, public"
and "vertical parking garage."
The Township Committee (governing body) of the Township of
Middletown.
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.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility housing up to 16 developmentally
disabled persons which provides food, shelter, and personal guidance
for developmentally disabled persons who require assistance, temporarily
or permanently, in order to live independently in the community. Such
residences shall not be considered health care facilities within the
meaning of the Health Care Facilities Planning Act, P.L. 1971, 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.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the New Jersey Department of Human Services pursuant to N.J.S.A.
30:14-1 et seq. providing food, shelter, medical care, legal assistance,
personal guidance and other services to not more than 15 persons who
have been victims of domestic violence, including any children of
such victims, who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
An application for development 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 Municipal Agency, and all accompanying
documents required by ordinance for approval of the application for
development, including where applicable, but not limited to, a site
plan or subdivision plat; provided that the Municipal Agency 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 Municipal Agency. 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 Municipal Agency.
An application shall be deemed complete as of the day it is so certified
by the Administrative Officer (Township Planner, Planning Board Secretary
or Zoning Board of Adjustment Secretary) for purposes of the commencement
of the time period for action by the Municipal Agency.
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 Article VIII of this chapter, and upon the issuance of an authorization thereof by the Municipal Agency.
An ownership arrangement, not a land use; therefore, it is
allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot nor
other requirements intended to provide adequate light, air, and privacy.
A condominium is a dwelling unit which has all of the following characteristics:
The unit (the interior and associated exterior areas designated
for private use in the development plan) is owned by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space and any community
interior spaces are owned and maintained in accordance with the provisions
for open space, roads, or other development features as specified
in this chapter.
An area of land upon which a deed restriction is placed limiting
disturbance, clearing, construction and other activities. Conservation
easements are generally utilized to protect environmentally sensitive
areas, including but not limited to wetlands, transition areas, streams,
ponds, steep slopes, screening buffers and specimen trees.
Lot area less all Class I Critical Areas and no more than
25% Class II Critical Areas within a lot.
Development other than "planned development" as defined herein.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A composite of the Comprehensive Plan or Master Plan for
the physical development of Monmouth County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The Planning Board of the County of Monmouth as defined in
N.J.S.A. 40:27-6.1.
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by building walls.
The same as "lot coverage."
An area containing sensitive natural resources or features,
including steep slopes, tidal and nontidal wetlands, stream corridors
and transition areas.
The officially established grade of the curb in front of
the midpoint of the front lot line.
A facility dedicated to the processing of data in servers
and/or associated computer equipment, as well as related space for
data entry and management personnel.
[Amended 10-15-2012 by Ord. No. 2012-3071]
Calendar day(s).
A licensed, organized and supervised daytime facility used
for recreational purposes.
The state-certified facility which provides care for children
or senior citizens.
Dwelling units per gross acre and includes the number of
dwelling units per gross acre of residential land including streets,
easements and open space portions of a development.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension or use of
land, for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq. and this chapter. With respect to structures within areas
of special flood hazard, "development" means any man-made change to
improved or unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials located
within the area of special flood hazard.
[Amended 9-21-2009 by Ord. No. 2009-2989]
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.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and
Which acknowledges that such use, structure or building complies
with the provisions of this chapter or variance therefrom duly authorized
by a municipal agency.
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.
The Official Map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
[Amended 9-21-2009 by Ord. No. 2009-2989]
Any part of the territory of the Township which is designated
as a zone on the Official Zoning Map (on file in the Township Clerk's
office) and to which certain uniform regulations and requirements
of this chapter apply.
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.
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 in accordance with N.J.S.A.
58:1A-1.[4]
The same as "fast-food restaurant."
A private road connecting house, building, garage, accessory
building or parking area with the street.
Any wind or wave deposited or man-made formation of vegetated
or drifting windblown sand, that lies generally parallel to, and landward
to the beach, and between the upland limit of the beach and the foot
of the most inland dune slope. "Dune" includes the foredune, secondary
and tertiary dune ridges, as well as man-made dunes, where they exist.
Formation of sand immediately adjacent to beaches that are stabilized
by retaining structures, and/or snow fences, planted vegetation, and
other measures are considered to be dunes regardless of the degree
of modification of the dune by wind or wave action or disturbance
by development. A small mound of loose, windblown sand found in a
street or on a part of a structure as a result of storm activity is
not considered to be a dune.
The same as "dwelling, two-family."
Any building or portion thereof designed or used exclusively
as a residence.
An apartment including the following separate rooms or combination
thereof: A bathroom with toilet and bath facilities and a combination
living room and bedroom, with a combination kitchen and dining room;
or a combination living room, bedroom and dining room with a separate
kitchen; or a combination living room, bedroom, dining room and kitchen
(provided that the kitchen can be closed off from the remainder of
the room). No additional room shall be provided, except hallways and
suitable closet and storage space.
A multiple dwelling building which has common access for
individual dwelling units and having no more than two habitable floors.
Such dwelling is erected in units designed and constructed as an integral
development or complex which utilizes such common facilities as pedestrian
walks, parking, and garage areas, open space, and recreation areas,
and utility and sanitary systems.
A multiple dwelling building consisting of a single building
with three to six habitable floors. Such dwelling is erected in units
designed and constructed as an integral development or complex, and
which utilizes such common facilities as pedestrian walks, parking
and garage areas, open space and recreation areas, and utility and
sanitary systems.
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.
An apartment including the following separate rooms or a
combination thereof: a kitchen; a dining room; a living room; or a
combination kitchen and dining room with a separate living room; or
a separate kitchen with a combined living room and dining room area
(provided that in no case shall a kitchen be combined with a living
room); a bathroom with a toilet and bath facilities; and a bedroom.
No additional room shall be provided, except hallways and suitable
closet and storage space.
A detached building designed for or containing one dwelling
unit.
An apartment including the following separate rooms or a
combination thereof: a kitchen; a dining room; a living room; or a
combination kitchen and dining room with a separate living room; or
a separate kitchen with a combined living room and dining area (provided
that in no case shall a kitchen be combined with a living room); a
bathroom with toilet and bath facilities; a master bedroom, a second
bedroom, a third bedroom. No additional room shall be provided, except
hallways and suitable closet and storage space.
A multiple dwelling building, characterized by individual
dwelling units on individual lots, each unit consisting of a maximum
of two habitable floors with a common fire wall between contiguous
units. Such townhouse dwelling is designed and constructed as an integral
development or complex, which utilizes such common facilities as pedestrian
walks, parking and garage areas, open space and recreation areas,
and sanitary systems.
An apartment including the following separate rooms or a
combination thereof: a kitchen; a dining room; a living room; or a
combination kitchen and dining room with a separate living room; or
a separate kitchen with a combined living room and dining area (provided
that in no case shall a kitchen be combined with a living room); a
bathroom with toilet and bath facilities; a master bedroom; a second
bedroom. No additional room shall be provided, except hallways and
suitable closet and storage space.
A detached building designed for, or containing two dwelling
units, which are entirely separated from each other by vertical walls,
or horizontal floors, unpierced, except for access to the outside
or a common cellar.
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.
The right of the Township, county, state, Sewerage Authority
or other public or quasi-public agency, their agents, servants and
employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
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.
See "dwelling, efficiency apartment."
The giving of money and/or services to a charitable or philanthropic
organization.
A nonbasement building built in the case of a building in
an area of special flood hazard, to have the top of the elevated floor
or, in the case of a building in a coastal high hazard area or Coastal
A Zone, to have the bottom of the lowest horizontal structural member
of the elevated floor elevated above the based flood elevation plus
freeboard by means of piling, columns (posts and piers), or shear
walls parallel to the flow of the water, and adequately anchored so
as not to impair the structural integrity of the building during a
flood up to the magnitude of the base flood. In an area of special
flood hazard, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In
areas of coastal high hazard and Coastal A Zones, "elevated building"
shall also include a building otherwise meeting the definition of
"elevated building" even though the lower area is enclosed by means
of breakaway walls.
[Amended 9-21-2009 by Ord. No. 2009-2989; 6-4-2018 by Ord. No. 2018-3221]
The Middletown Township Environmental Commission, a municipal
advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
For the purposes of this chapter, a compilation of studies, reports, documents and finding of fact prepared by an applicant as part of and for a development application. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in § 540-615. An Environmental Impact Statement meeting the requirements of the N.J.S.A. 13:19-1 et seq., Coastal Area Facility Review Act, and specifically outlined in Section 7 of said rules and regulations promulgated in compliance with said Act will be accepted in lieu of the EIR. This definition shall also include any document entitled Environmental Impact Study (EIS).
The delineation of floodplain limits so that floodplain lands
on both sides of a stream are capable of conveying a proportionate
share of floodflows. This is determined by considering the effect
of encroachment on the hydraulic efficiency of the floodplain along
both sides of a stream for significant reach.
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of building permits may be obtained by the Tax
Assessor utilizing estimates for construction cost. Final equalized
assessed value will be determined at project completion by the Municipal
Tax Assessor.
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity and the gradual wearing away of land
masses.
[Amended 9-21-2009 by Ord. No. 2009-2989]
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. 4:24-1 et
seq.
[Amended 2-6-2017 by Ord.
No. 2017-3185]
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits, cables; and including 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 governmental agencies or for the public health or safety
or general welfare.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include, but are not limited to curb, sidewalk, driveway, and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guard rails,
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. Excavation work shall also include the construction, addition,
installation, or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
That site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
Construction, additions, or alterations related to single-family
or two-family dwellings or their accessory structures on individual
lots.
Alterations to an existing structure (that are not additions as stipulated within Subsection K of this definition of "exempt development") which do not cause an increase in the existing square footage or change the existing footprint, do not increase the required number of off-street parking spaces, are in compliance with all the applicable bulk and yard standards for the zone and all other development regulations, and which conform to the performance standards of this chapter.
[Amended 1-19-2016 by Ord. No. 2016-3159]
Any change in occupancy which is not a "change in use" (as herein
defined).
Sign(s) which installation is on a site already occupied by
a principal use for which site plan approval is not otherwise required,
and provided such sign(s) conform to the applicable design and zoning
district regulations of this chapter.
Construction of a parking lot or an addition to an existing
parking lot, provided that the new lot or the proposed addition contains
three spaces or less and the location and design of which conforms
to the standards and zoning district regulations of this chapter.
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site.
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.
Farms and accessory farm buildings and structures, provided
such buildings and structures are located on, operated in conjunction
with, and necessary to the operation of a farm as defined by this
chapter. This shall not include accessory structures which contain
dwelling units.
Gasoline pump canopies subject to compliance in all respects
to the regulations governing such canopies contained elsewhere in
this chapter.
Individual applications for accessory mechanical or electrical
equipment up to 100 square feet in area, whose operation and location
conforms to the design and location standards of this chapter and
where such installation will be accessory to an already established
principal use of the property. In no case shall such equipment be
located in a street setback area.
[Amended 6-19-2006 by Ord. No. 2006-2879]
Additions to existing, conforming structures containing nonresidential
uses in the B-1, B-2, B-3, B/P, OR, OR-1, OR-2, OR-3, and PD zones;
provided such additions to existing structures do not exceed 8,500
square feet or 10% of the total gross floor area, whichever is the
lesser. Notwithstanding the aforementioned, an addition consisting
of an area of 1,000 square feet or less shall be considered an exempt
development. Such development must occur within the existing limit
of disturbance and must not increase the impervious cover, be in compliance
with all the applicable bulk and yard standards for the zone and all
other development regulations, does not result in an expansion or
increase of any preexisting violation of the provisions of this chapter,
or the zoning ordinance, and there must be sufficient parking on site
to support the additional floor area. The Zoning Officer and the Township
Planner will be responsible for determining compliance with this chapter.
[Added 1-19-2016 by Ord.
No. 2016-3159]
Construction of storage sheds, no larger than 200 square feet, for permitted nonresidential uses, provided they comply with the accessory structure setback requirements and all other applicable bulk and yard standards for the zone in which they are located. The colors and materials of such storage sheds shall complement the existing principal structure and in conformance to the standards set forth in § 540-604 of this chapter.
[Added 1-19-2016 by Ord.
No. 2016-3159]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 6-4-2018 by Ord.
No. 2018-3221]
One or more persons living together as a single entity or
nonprofit housekeeping unit. The family shall be deemed to include
servants when servants share the common housekeeping facilities and
services.
A restaurant as defined in this chapter which contains no
less than 300 seats for dining use and shall have a minimum floor
area for dining and kitchen use of at least 5,000 square feet. More
than three amusement devices may be permitted, provided that such
amusement devices shall be an accessory use to a family-oriented restaurant.
The restaurant shall at all times be marketed, operated and promoted
exclusively as a family restaurant with no on-site sale of liquor.
[Amended 12-27-1994 by Ord. No. 94-2389]
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act[5] and which child-care services are provided for a fee to
no more than five children at any one time.
[Amended 12-27-1994 by Ord. No. 94-2389]
Any parcel of land, three acres or larger in size, which
is used for gain in the raising of agricultural products, livestock
or dairy products.
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with and necessary to the operation of
a farm as defined by this chapter.
Any restaurant with a drive-through window.
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.
The distance from ground level immediately adjacent to the
fence to the top of the fence. Architectural embellishments or decorative
features can exceed the height limit by up to 12 inches as long as
they do not result in a continuous barrier which is less than 75%
open.
[Amended 3-15-2010 by Ord. No. 2010-3002]
A fence which is at least 50% open between grade level and
the top cross member.
The official action of the Planning Board or Board of Adjustment
taken on a preliminary approved major subdivision or site plan after
all conditions, engineering plans and other requirements have been
completed or fulfilled and the required improvements have been installed
or guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board or Zoning Board of Adjustment
for final approval in accordance with the provisions of this chapter,
and which, when approved, shall be filed with the proper county office.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The susceptibility of a floodplain use at a particular site
to damage by potential floods at that site, as well as increased off-site
flooding or flood-related damages caused by such floodplain use.
[Amended 9-21-2009 by Ord. No. 2009-2989]
The average frequency, statistically determined, for which
it is expected that specific flood level or discharge may be equaled
or exceeded.
[Amended 9-21-2009 by Ord. No. 2009-2989]
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure or matter
in, along, across, or projecting into any channel, watercourse, or
regulatory flood hazard area which may impede, retard or change the
direction of the flow of water, either in itself or by catching or
collecting debris carried by such water, or that is placed where the
flow of water might carry the same downstream to the damage of life
or property.
[Amended 9-21-2009 by Ord. No. 2009-2989]
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
[Amended 9-21-2009 by Ord. No. 2009-2989]
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 which includes, but is not limited to,
those areas delineated by the Master Drainage Plan for Middletown
Township, T & M Associates, Middletown, New Jersey, 1972 (seven
volumes), as amended and supplemented.
[Amended 9-21-2009 by Ord. No. 2009-2989]
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
[Amended 9-21-2009 by Ord. No. 2009-2989]
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 6-4-2018 by Ord.
No. 2018-3221]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A story of a building.
The sum of the gross horizontal areas of the floor or several
floors of a building measured between the outside face of exterior
walls. In the case of residential structures, such area shall be finished
in accordance with the requirements of the building code. Any cellar,
garage, crawl space, unfinished attic or space of any nature, or accessory
building shall not be included. Any space with a clear ceiling height
of four feet or more, but less than the minimum ceiling height prescribed
in the building code for the type of building concerned, shall not
be included when in excess of 10% of the floor area which complied
with such prescribed ceiling heights. In the case of bi-level multistory
buildings, the first floor area shall be considered to be the first
level or levels of the structure over the full perimeter of the structure
which are above the average finished grade of the adjoining ground,
and constructed on other than a concrete slab or other such floor.
Any floor area which is located at grade or on such a slab may, however,
be included in the calculations of total floor area, provided it complies
with the other terms of this definition. In the case of all multistory
buildings, the first floor area shall be considered to be the first
level or levels of the structure extending over the full perimeter
of the structure and which is above the average finished grade of
the adjoining ground, whether or not such level is constructed on
a concrete slab or other such floor.
The sum of the gross horizontal areas of the floor or several
floors of a dwelling measured between the inside face of exterior
walls or from the center line of walls separating two dwelling units,
having a clear ceiling height of seven feet, four inches, or greater,
but not including any unfinished attic, cellar, or accessory building
space, but including the floor area of roofed porches, balconies,
terraces and patio. Also see "habitable room."
The ratio of the gross floor area to the lot area as determined
by dividing the gross floor area by the lot area.
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.
A business where food is prepared for consumption and where
such food is strictly for home delivery or pickup by patrons and where
no on-site consumption is permitted. Such uses shall be treated as
retail uses for the purpose of determining parking requirements.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
[Added 6-4-2018 by Ord.
No. 2018-3221]
A funeral home or mortuary operated by a licensed mortician
in accordance with N.J.S.A. 45:7-32 et seq. A funeral home or mortuary
shall not be considered a "professional office."
[Amended 2-6-2017 by Ord.
No. 2017-3185]
An attached or detached structure intended for the purpose
of the storage of automobiles. In order for a garage to be considered
attached, it must share a common wall with the principal structure.
Connection of a garage to the principal structure via fully enclosed
breezeways, canopies and walkways shall not be sufficient unless the
common wall encompasses more than 50% of the wall of the garage.
[Amended 6-19-2006 by Ord. No. 2006-2879]
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 is carried on. Private garages on properties
containing a residence shall only be utilized by the resident of the
dwelling unit on site. Garages, whether attached or detached, shall
not be used for storage or use by anyone other than the occupant of
the dwelling(s) on site and shall not be leased even for parking purposes
for anyone other than the occupant of the dwelling(s) on site, except
where expressly permitted by the Planning or Zoning Board in conjunction
with a site plan or subdivision application.
[Amended 6-19-2006 by Ord. 2006-2879]
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.
The same as "motor vehicle service station."
An area containing a full-size professional golf course,
at least nine holes in length, together with the necessary and usual
accessory uses and structures, such as, but not limited to: clubhouse
facilities, dining and refreshment facilities, swimming pools, tennis
courts, and the like, provided that the operation of such facilities
is incidental and subordinated to the operation of a golf course.
The Township Committee of the Township of Middletown.
The existing undisturbed elevation of land, ground, and topography
preexisting or existing on a lot, parcel or tract of land at the time
of the adoption of this chapter.
The completed surface of lawns, walks and roads brought to
grade(s) as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved.
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 and stairs are not considered to
be habitable rooms. Also see "floor area, habitable."
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 cresol, and their salts; petroleum products; and
radioactive materials.
A facility or institution, whether public or private, engaged
principally in providing 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,
and general medical laboratories. The uses within a health care facility
may include ambulatory operating rooms, laboratories, medical treatment
facilities of all types, medical clinics, medical offices, administrative
offices and surgery centers, as well as similar medical uses.
[Amended 10-15-2012 by Ord. No. 2012-3071]
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
[Amended 9-21-2009 by Ord. No. 2009-2989; 6-4-2018 by Ord. No. 2018-3221]
For the purposes of this chapter, a line showing the upper
inland wetlands boundary (a biological "high water line") on a series
of maps prepared by the State of New Jersey Department of Environmental
Protection for Sandy Hook Bay, the Swimming and Navesink Rivers and
their tributaries 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.
A geographically definable area, urban or rural, small or
large, possessing a significant concentration, linkage, or continuity
of one or more historic sites, buildings, structures, and/or objects
and intervening or surrounding property which, viewed collectively,
represent a significant period(s) in the development of the Township
or have a distinctive character resulting from their architectural
style or because of their distinctive character can readily be viewed
as an area or neighborhood distinct from surrounding portions of the
Township. Resources within a historic district shall be classified
as one of the following:
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
Any building, structure, site, object or district which possesses
integrity of location, design, setting, materials, workmanship, and
association and which has been determined, pursuant to the terms of
this chapter, to be:
Of particular historic significance to the Township of Middletown
by reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, state, or community;
Associated with the historic personages important in national,
state or local history;
The site of an historic event which had a significant effect
on the development of the nation, state or community;
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering;
Representative of the work of an important builder, designer,
artist or architect;
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in prehistory
or history.
The word "historic site" may substitute for "historic landmark."
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Any use conducted for profit entirely within a dwelling and
carried on by the inhabitants thereof, which use is incidental and
secondary to the use of the dwelling for dwelling purposes, and does
not change the character thereof, provided that no article is sold
or offered for sale except such as may be produced by members of the
family residing in the dwelling; and provided further that no machinery
or equipment will be used which will cause electrical or other interference
with radio and television reception in nearby residences, or cause
offensive noise, vibration or odor. The following uses and any use
determined by the Zoning Officer to be similar thereto shall not be
considered home occupations within the meaning of this chapter: clinics,
barber shops, beauty parlors, tea rooms, tourist or guest homes, animal
hospitals, kennels, nursery schools. Music or dancing schools shall
only be considered a home occupation when instruction is given to
two or fewer individuals at any given time. Home occupations shall
be permitted in any residential dwelling. A detached accessory building
or any portion thereof may be utilized to conduct a home occupation
subject to the provisions herein and as long as two off-street parking
spaces are maintained to serve the main dwelling. The business must
be conducted by a resident of the property.
An incorporated, nonprofit organization operating under a
recorded land agreement through which:
Each lot owner, condominium owner, stockholder under a cooperative
development, or other owner of property or interests in the project
shall be a member;
Each occupied dwelling unit is subject to a charge for proportionate
share of the expenses for the organization activities and maintenance,
including any maintenance costs levied against the association or
the municipality; and
Each owner and tenant has a right to use a common property.
A building or series of buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the building, such related facilities as laboratories,
outpatient departments, clinics, training facilities, central service
facilities and staff offices. The definition "hospital" shall not
include nursing homes, medical care centers and the like.
A facility offering transient lodging accommodations to the
general public, including additional services such as restaurants,
meeting rooms and recreational facilities. Not more than 15% of the
rooms can have kitchen areas.
The person or persons occupying a dwelling unit.
Any natural or man-made surface which does not permit infiltration
of water and causes surface runoff. All buildings, parking areas,
driveways, roads, sidewalks, and any areas in concrete and asphalt
shall be considered impervious surfaces within this definition. In
addition, other areas determined by the engineer to be impervious
within the meaning of this definition will also be classed as impervious
surfaces. For purposes of building and impervious surface coverage
calculations required in this chapter, porous asphalt and concrete
shall be deemed to be an impervious surface.
A measure of the intensity of use of a piece of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the net buildable site area.
An area for the temporary location of motor vehicles which
has been modified from its natural condition by excavation, fill or
pavement structures.
A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been improved to the standards specified by the Township
Engineer.
A residential housing development in which a percentage of
the housing units are provided for a reasonable range of low- and
moderate-income households in accordance with the rules of the New
Jersey Council on Affordable Housing. The term may also mean housing
developments comprised completely of low- and moderate-income units.
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 municipal agency, any person, whether residing
within or without the municipality, whose rights to use, acquire,
or enjoy property is or may be affected by any action taken under
N.J.S.A. 40:55D-1 et seq. or under any other law of this state or
of the United States have been denied, violated or infringed by an
action or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.
A lot bounded by a street on one side only.
A street or road that is developed wholly within a parcel
under one ownership and meeting all municipal standards.
A street used for internal vehicular circulation within a
tract or development. Major internal streets are those internal streets
which have an entrance and/or exit on the access street or right-of-way
frontage of the tract. Internal streets may be private and not dedicated
or deeded to the public, subject to approval by the Planning Board
and by the Municipal Engineer.
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.
A judgement issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
The use of any area and/or structure for the keeping or abandonment
of junk, including scrap metal, glass, paper, cordage, or other scrap
material, or for the dismantling, demolition or abandonment of structures,
automobiles or other vehicles, equipment and machinery, or parts thereof;
provided, however, that this definition shall not be deemed to include
any of the foregoing uses which are accessory and incidental to any
agricultural use permitted in any zone. The term "junkyard" as herein
defined includes automobile salvage or wrecking yards.
Natural or man-made bodies of water which normally contain
or retain water for extended periods. Ponds are bodies of water with
a surface area, measured under ten-year storm conditions, of two acres
or less. Lakes are bodies of water with a surface greater than two
acres, measured under ten-year storm conditions. The shoreline of
a lake or pond is measured at the perimeter of the surface of water
under ten-year storm conditions, as certified by the applicant's licensed
land surveyor, and approved by the Municipal Engineer.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the municipality.
Such term also includes improvements and fixtures on, above or below
the surface.
Any activity involving the clearing, grading, transporting,
filling of land, and any other activity which causes land to be exposed
to the danger of erosion.
The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices and the requirements of this chapter, including, but not limited to, § 540-622.
Fabrication, assembly or processing of goods or materials,
or the storage of bulk goods and materials where such activities or
materials create no hazard from fire or explosion, or produce toxic
or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the V Zone
and the LiMWA will be similar to, but less severe than, those in the
V Zone.
[Added 6-4-2018 by Ord.
No. 2018-3221]
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, materials
or trash. Such space must have clear means of ingress and egress to
a public street at all times.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A "lot" is land occupied or to be occupied
by a building, structure and permitted accessory uses, or by a dwelling
and its accessory uses together with such open spaces as are specified
and required under the provisions of this chapter, having not less
than the minimum area required by this chapter for a lot in the zone
district in which such a lot is situated, and having the required
frontage on a street.
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.
Portions of lots encumbered by easements shall be included in calculating
lot area.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
The area of the lot covered by buildings and structures and
accessory buildings or structures and expressed as a percentage of
the total lot area. For the purpose of this chapter, "lot coverage"
shall include all parking areas and automobile access driveways and
internal roadways, whether covered by an impervious or pervious material,
patios associated with an in-ground or aboveground swimming pool,
and all other impervious surfaces, except for the following:
Exterior walkways and plazas designed exclusively for pedestrian
use as part of a commercial, industrial, or office development and
which are part of an overall landscaping plan acceptable to the Planning
Board or Zoning Board of Adjustment.
Unroofed patios not associated with an in-ground or aboveground
swimming pool, terraces, and decks, provided the patios, terraces,
and decks do not exceed 1,000 square feet in area and maintain a minimum
side yard and rear yard setback of 10 feet each except in the R-10,
RTF, R-7, R-5, R-O zone districts, and R-15 nonconforming 5,000 to
10,000 square foot lots and R-15 nonconforming less than 5,000 square
foot lots, where the minimum side yard and rear yard setback shall
be five feet each, and pedestrian walks which are accessory to a single-family
dwelling, and sidewalks, of no greater than three feet, located around
a lawfully existing and approved swimming pool.
[Amended 11-16-2015 by Ord. No. 2015-3155;12-21-2020 by Ord. No. 2020-3300 ]
In-ground or aboveground swimming pool surface areas up to 800
square feet; the surface area of an in-ground or aboveground swimming
pool above 800 square feet shall be considered as lot coverage.
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line, provided that, in triangular lots having no rear lot line,
the distance shall be measured to the midpoint of a line parallel
to the front lot line, which shall be not less than 10 feet in length
measured between its intersections with the side lot lines. On corner
lots, one side lot line shall be considered a rear lot line for the
purpose of determining lot depth only.
The distance measured on a horizontal plane between the side
lot lines measured along the street line. The minimum lot frontage
shall not be less than the required lot frontage, except that on curved
alignments with an outside radius of less than 500 feet, the minimum
distance between the side lot lines measured at the street line shall
not be less than 60% of the required minimum lot frontage. Where the
lot frontage is so permitted to be reduced, the lot width at the building
setback line shall not be less than the required minimum frontage
of the zone district. For the purpose of this chapter, only continuous
uninterrupted lot lines shall be accepted as meeting the frontage
requirements.
A lot other than a corner lot.
Any line designating the extent or boundary of a lot, which
shall further be defined as follows:
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line. (See § 540-506.)
SIDE LOT LINEAny lot line other than a front or rear lot line. (See § 540-506.)
A lot with frontage on two or more streets, none of which
intersect adjacent to or abutting the lot.
The mean horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space. Lot width shall not be
less than the minimum required lot frontage.
A household whose income is within the current moderate-
or low-income limits for the Township's housing region as established
by the New Jersey Council on Affordable Housing.
The lowest level (including basement, crawl space and garage)
of the lowest enclosed area. An unfinished or flood-resistant enclosure,
usable solely for the parking of vehicles, building access or storage
in an area other than a basement, is not considered a building's lowest
floor, provided that such enclosure is not built so to render the
structure in violation of other applicable non-elevation design requirements
of 44 CFR 60.3.
[Amended 9-21-2009 by Ord. No. 2009-2989; 6-4-2018 by Ord. No. 2018-3221]
A retail or wholesale establishment which primarily sells
raw building products at least half of which is stored or displayed
outdoors.
The "brightness" of a surface, such as a sign, as seen from
a particular angle of view. It is measured in candelas per square
meter, also termed "nits."
[Added 9-16-2013 by Ord.
No. 2013-3095]
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by N.J.S.A.
40:55D-1 et seq. and this chapter.
Any site plan not classified as a minor site plan or exempt
site development.
Any subdivision not classified as a "minor subdivision."
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 attached to the required utilities. The
term "manufactured home" shall not include a "recreational vehicle."
[Amended 9-21-2009 by Ord. No. 2009-2989]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Amended 9-21-2009 by Ord. No. 2009-2989]
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Any waterfront facility wherein berthing spaces for any and
all watercraft or boats are provided. A marina shall be deemed to
include, in addition, automobile parking facilities; sanitary facilities;
motor fuel sales; boat sales, repairs, maintenance and service, excluding,
however, facilities for the construction of new boats. For the purpose
of this chapter, the rental residents of the property contiguous to
same shall be deemed to constitute a marina and same shall conform
to all provisions of this chapter pertaining to marinas.
Any facilities or activity associated with fishing or boating,
either for sport or for commercial gain.
Any establishment where, for any form of consideration, massage
or other manipulation of the human body is offered as a service, and
where all practitioners are licensed by the State of New Jersey as
certified massage therapists. This does not include an athletic club,
health club, school, gymnasium, reducing salon, spa, or any service
or treatment provided by a licensed medical doctor or chiropractor,
where massage is offered as an incidental or accessory service.
Seven volumes, as amended by and supplemented prepared for
Middletown Township by T & M Associates, Inc., Middletown, New
Jersey.
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted by the
Planning Board on December 14, 1981 pursuant to N.J.S.A. 40:55D-28
and including all subsequent amendments thereto.
The Mayor of the Township of Middletown.
A person afflicted with mental disease to such an extent
that a person so afflicted requires care and treatment for his own
welfare, or the welfare of others, or of the community, but shall
not include a person who has been committed after having been found
not guilty of a criminal charge or unfit to be tried on a criminal
charge by reason of insanity.
A brewery holding a limited brewery license issued by the
State of New Jersey as defined by N.J.S.A. 33:1-10.1b producing less
than 50,000 barrels of 31 gallons of malt beverage per year, and to
sell and distribute this product to wholesalers and retailers licensed.
The holder of the license shall be entitled to sell this product at
retail to consumers on the licensed premises of the brewery for consumption
on the premises, but only in connection with a tour of the brewery,
or for consumption off the premises in a quantity of not more than
15.5 fluid gallons per person, and to offer samples for sampling purposes
only pursuant to an annual permit issued by the director of the State
Division of Alcoholic Beverage Control (ABC). The holder of this license
shall not sell food or operate a restaurant on the licensed premises.
"Sampling" means the selling at a nominal charge or the gratuitous
offering of an open container not exceeding four ounces of any malt
alcoholic beverage, and "product" means any malt alcoholic beverage
that is produced on the premises licensed under this subsection.
[Added 10-16-2017 by § 1. Ord. No. 2017-3209]
A distillery holding a craft distillery license issued by
the State of New Jersey as defined by N.J.S.A. 33:1-10.3d producing
not more than 20,000 gallons of distilled alcoholic beverages, to
sell and distribute this product to wholesalers and retailers licensed.
The holder of this license shall be entitled to sell this product
at retail to consumers on the licensed premises of the distillery
for consumption on the premises, but only in connection with a tour
of the distillery, and for consumption off the premises in a quantity
of not more than five liters per person, and offer any person not
more than three samples per calendar day for sampling purposes only.
"Sampling" means the gratuitous offering of an open container not
exceeding a one-half ounce serving of distilled alcoholic beverage
produced on the distillery premises. The holder of this license shall
not sell food or operate a restaurant on the licensed premises.
[Added 10-16-2017 by Ord.
No. 2017-3209]
One or more vehicles, buildings, or structures used as living
quarters by seasonal, temporary, or migrant farm workers in connection
with any work or place where work is being performed, whether or not
rent is paid or reserved in connection with the use or occupancy of
such premises.
A development plan for one or more lots which is (are) subject
to development which:
Requires site plan approval;
Meets the requirements set forth in § 540-408 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
Meets the following conditions:
New building construction, or building additions that do not
qualify as exempt development, of less than 3,000 square feet.
[Amended 1-19-2016 by Ord. No. 2016-3159]
The proposed development does not increase parking requirements
by more than 15 spaces, nor entail or propose the construction of
a total of more than 15 parking spaces.
The proposed development conforms to the floodplain management standards set forth in § 540-527 of this chapter.
The proposed development conforms to the performance standards set forth in § 540-528 of this chapter.
The proposed development does not involve planned development.
The proposed development does not involve any new unmapped street
or the extension of any existing street not anticipated on the Tax
Map.
The proposed development does not involve the extension or construction
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42.
The proposed development does not involve the disturbance of
25,000 square feet or more of ground area.
A subdivision of land for the creation of not more than three
new lots, provided such subdivision does not involve: a planned development;
any new unmapped street, or 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 Municipal Agency or the Subdivision Committee
of the Planning Board finds that all the following conditions have
been met:
That the subdivision is not in conflict with any provision or
portion of the Master Plan, Official Map or this chapter or that appropriate
variances have been obtained (or must be obtained as a condition of
approval).
That in the event a drainage fund has been established by the
Township or Monmouth County, an assessment has been charged to the
lots and has been paid.
That no portion of the lands involved has constituted a part
of a minor subdivision within three years preceding the application.
A Committee of the Planning Board made up of three members,
which reviews minor subdivisions and makes recommendations to the
full Planning Board.
A single structure or a group of buildings that have been
developed and operated as an integrated facility for two or more separate
professional businesses and supporting ancillary uses designed, planned,
and managed in an integrated and coordinated basis. A mixed professional
office building must have minimum gross floor area of 5,000 square
feet and may be devoted in part or in entirety for medical or dental
offices.
[Amended 12-27-1994 by Ord. No. 94-2389]
See "manufactured home."
A vehicle, or portion thereof, or a mobile cart or wagon
from which preprepared, quickly prepared, or prepackaged food items
and drinks are sold and at which there exists no permanent seating.
The same as "hotel."
A single-family or two-family dwelling unit which has a portion
converted into an additional dwelling unit, specifically designated
for use by a family member. Such units shall not be rented. Mother-daughter
units may have direct access to the outside, but in all cases maintain
internal free-flowing access from dwelling to dwelling within the
structure. In addition:
A floor plan depicting free-flowing access from within must
be submitted with the zoning application.
The mother-daughter unit shall contain no more than one bedroom
maximum.
The mother-daughter unit shall not exceed 25% of the gross floor
area of the existing dwelling. Except that in dwellings that are less
than 1,600 square feet, such space may occupy no more than 35% of
the gross floor area.
Any addition to the dwelling unit for the purpose of a mother-daughter
unit where there is a separate exterior entrance, said entrance shall
not face the front yard.
Common utilities must be maintained for both units.
A deed restriction containing the following language to be filed
with the Monmouth County Clerk's Office prior to occupancy of the
unit:
|
"The grantor and grantee specifically represent and warrant
that this deed contains a Deed Restriction whereby the property use
is restricted for use by grantor and grantees' immediate family. Although
the structure is built as a mother-daughter structure allowing for
separate entrances and cooking facilities, a second, unrelated family
cannot occupy a portion of the dwelling as tenants. This deed restriction
is intended to prohibit a multifamily use."
|
A place where motion pictures are shown to the public on
a regular basis, for a fee.
A building or portion of a building or land, or portion thereof,
which is not primarily devoted to the retail sale of gasoline or new
or used automobiles or trucks, in which auto body work or the overhauling
or replacement of automobiles, automobile parts, or any portion thereof,
is conducted as a business for profit.
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories and which may include facilities for lubricating,
washing or servicing of motor vehicles.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
Any building containing two or more dwelling units which
are attached. Dwelling units within multifamily buildings are classified
as multifamily dwellings.
Land development containing dwelling units that may be either
attached dwellings or detached single-family dwelling units along
with associated common areas and elements, as long as the overall
permitted density within the zone is not exceeded.
[Amended 12-16-2002 by Ord. No. 2002-2705]
The Planning Board or Board of Adjustment or Township Committee
of the Township when acting pursuant to N.J.S.A. 40:55D-1 et seq.
and this chapter.
N.J.S.A. 40:55D-1 et seq. (Chapter 291, Laws of N.J., 1975,
as amended).
The Township of Middletown.
Structures for which the start of construction commenced
on or after the effective date of this chapter or after the effective
date of the floodplain regulation adopted by a community and includes
any subsequent improvements to such structures.
A parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot (including, at a minimum, the
installation of utilities, either final site grading or the pouring
of concrete pads, and the construction of streets) is completed on
or after the effective date of this chapter. Any mobile home utilized
for permanent residential purposes must be attached to a permanent
foundation.
[Amended 9-21-2009 by Ord. No. 2009-2989]
An establishment open to the general public in which the
serving and consumption of alcoholic beverages occur and where live
entertainment is permitted, including but not limited to comedy clubs,
dinner theaters and performing arts center.
A metric unit used to measure luminance.[6]
[Added 9-16-2013 by Ord.
No. 2013-3095]
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 Municipal Zoning Ordinance
by reasons of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a Zoning Ordinance,
but which fails to conform to the requirements of the Zoning Ordinance
by reasons of such adoption, revision, or amendment.
A use or activity which was lawful prior to the adoption,
revision, or amendment of this chapter, but which fails to conform
to the requirements of the Zoning Ordinance by reason of such adoption,
revision or amendment.
An agreement recorded with the County Recording Officer prohibiting
the enclosure of areas below base flood elevation.
[Amended 12-17-2012 by Ord. No. 2012-3073]
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A school designed to provide daytime care of three or more
children from two to six years of age, inclusive, and operated on
a regular basis.
The specific purpose for which land or a building is used,
designed or maintained.
The same as "certificate of occupancy."
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance by the governing body pursuant
to N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question, but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no sidewalk other than the wall of
the structure to which it is attached.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and other improvements that are designed to be incidental to the natural
openness of the land. Impervious surfaces within open space areas
shall be limited to improvements associated with recreation and drainage
facilities and underground utilities. Open space may include farmland
set aside in perpetuity intended for the preservation of the farming
use. Where open space is a requirement of a zone and is created as
a result of a site plan, subdivision, conditional use or variance
application, not more than 50% of the area set aside shall consist
of wetlands, open bodies of water or watercourses, sloped areas of
25% or greater, detention or retention basins, swales and other drainage
structures.
[Amended 2-20-2001 by Ord. No. 2001-2617]
An unoccupied area, including natural and man-made watercourses,
streams, lakes, ponds, and grassed, wooded or landscaped areas, open
to the sky on the same lot with a principal and/or accessory building.
Improved sidewalks, paved paths or other pedestrianways within an
unoccupied open space area, which exceed four feet in width, shall
be deducted in determining the unoccupied open space area.
A measure of the inverse intensity of land use. It is arrived
at by dividing total amount of open space within the site by the site
area.
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land which is the subject of a development proposal.
An open area including parking structures used for the open
storage of motor vehicles and includes any driveways and access drives,
as well as accessory incidental structures or improvements such as
curbing, drainage, lighting, and signing.
An area, other than a street, intended for the same use as
a private garage, is accessory to a residential or nonresidential
building or use and not used by the general public.
A paved open or parking structure area, other than a street
or other public way, used for the parking of motor vehicles and available
to the public, whether for a fee, free, or as an accommodation of
clients or customers.
The same as "garage, public."
An off-street space provided for the parking of a motor vehicle
exclusive of driveways or access drives, either within a structure
or garage or in the open or as may be otherwise defined in this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
An area of land not used for receiving and storing material
where the ground has been surfaced with construction material such
as brick, stone, cement or lumber, which does not project above grade
level by more than 18 inches and which is entirely uncovered by a
roof or any superstructure.
Any security, which may be accepted by the Township, including
cash; provided that the Township shall not require more than 10% of
the total performance guarantee in cash, in lieu of a requirement
that certain improvements be made before the Municipal Agency approves
an application for development.
An act by which skills of one person are utilized for the
benefit of another, provided no function involves manufacture, cleaning,
storage or distribution of products or goods except for cleaning and
repairing of clothing and similar personal accessories.
Equipment, whether prefabricated or handmade or not, including
but not limited to half-pipes, ramps or jumps and intended for use
in conjunction with skateboarding, rollerblading, rollerskating or
bicycling and located less than 30 feet from any side or rear property
line that adjoins another residential property. This definition shall
not apply to public parks or school properties.
[Amended 4-18-2005 by Ord. No. 2005-2815]
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
(herbicide).
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.
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, convents,
nursery schools and similar type buildings and uses.
Land under common ownership or control containing residential
dwelling units, necessary accessory buildings, and required or permitted
social, cultural, recreational, retail and commercial facilities wherein
permanent residents must be a specified minimum age, except that the
spouse or an immediate member of the family other than a child of
said permanent resident, or a live-in domestic, companion or nurse,
may be a permanent resident, regardless of his or her age. Residential
dwelling units in the PAC may be sold either as a fee simple with
a homeowner's association or comparable entity to administer, operate,
manage, maintain or otherwise deal with any common areas or services
to be provided in the PAC or pursuant to the provisions of the Condominium
Act (N.J.S.A. 46:8B-1 et seq.).
An area of a minimum contiguous size as specified by this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both and any residential or other uses
incidental to the predominant use as may be permitted by this chapter.
Planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential cluster(s), which may include appropriate
commercial, or public or quasi-public uses all primarily for the benefit
of the residential development as may be specified in this chapter.
The Township of Middletown Planning Board established pursuant
to N.J.S.A. 40:55D-23. The term "Planning Board," as used in this
chapter, also means the Board of Adjustment when it is acting pursuant
to N.J.S.A. 40:55D-76.
[Amended 2-6-2017 by Ord.
No. 2017-3185]
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Township Engineer
(with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Township Engineer may assume the duties
of the office.
A map or maps of a subdivision or site plan.
The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. "Final
plat" shall also include and be synonymous with the term "final site
plan."
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. "Preliminary
plat" shall also include and be synonymous with the term "preliminary
site plan."
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
-48, and -49 prior to final approval after specific elements of a
development plan have been agreed upon by the Planning Board and the
applicant.
The draft version of the FIRM released for public comment
before finalization and adoption.
[Added 6-4-2018 by Ord.
No. 2018-3221]
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale, relationship to its site and immediate environs
and exterior colors and finishes.
A lot or tract of land or any combination thereof held under
a single ownership or control.
The main purpose for which a building, structure or lot is
used.
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves from coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct
change from the relatively steep slope to a relatively mild slope.
[Amended 9-21-2009 by Ord. No. 2009-2989]
The office of a member of a recognized profession, including
but not limited to doctors, ministers, architects, professional engineers,
planners, lawyers, real estate brokers and such similar professional
occupations. The practice of such occupation shall in no way adversely
affect the safe and comfortable enjoyment of property rights in any
zone in which it is located to a greater extent than for the professional
activities listed herein. The issuance of a state or local license
for regulation of any gainful occupation shall not in and of itself
be deemed indicative of professional standing.
A building, the occupancy of which is limited to professionals
such as doctors, dentists, ministers, architects, engineers, planners,
lawyers, real estate brokers, accountants, or such other similar professional
occupations which may be so designated by the Municipal Agency upon
finding that such occupation is truly professional in character by
virtue of the need or similar training and experience as a condition
for practice.
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 sign other than a facade sign suspended from or attached
to a building or wall in a manner which is other than parallel to
said building or wall, including a sign hung under the canopy.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation, and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Township, a municipal agency, Board of Education, federal, state,
or county agency, or other public body for recreational or conservational
uses.
The majority of the full authorized membership of a municipal
agency.
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
A hydraulic engineering term to describe longitudinal segments
of a stream or river. A reach will generally include the segment of
the flood hazard area where flood heights are influenced by a man-made
or natural obstruction. In an urban area, the segment of a stream
or river between two consecutive bridge crossings would typically
constitute a reach.
The replenishment of underground water reserves.
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.
A vehicle which is:
[Amended 9-21-2009 by Ord. No. 2009-2989]
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Any product, substance or material which must be stored,
collected or dropped off at the municipal recycling facility and which
shall not be disposed of with other domestic solid waste.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units which may be or are developed
per acre of land.
The ratio of the gross floor area of all buildings on a residential
lot to the total lot area. The following shall not count towards residential
gross floor area: cellars, terraces, sheds up to 200 square feet,
patios, decks, gazebos, open balconies and open porches which are
more than 50% open.
[Amended 9-18-2000 by Ord. No. 2000-2589; 6-19-2006 by Ord. No. 2006-2879]
Any natural area or feature containing natural resources
protected by this chapter, where improvement and/or alteration may
be restricted or prohibited or where conservation is required. Resource
protection areas may include wooded areas, floodplains, natural drainage
areas, watercourses, ponds, lakes, stream corridors, riparian lands,
wetlands, marshlands, wildlife habitats, archeological sites, and
steep slopes.
Any establishment, however designated, at which food is sold
for consumption on the premises, normally to patrons seated within
an enclosed building. Uses with outdoor seating shall also be considered
restaurants. However, a snack bar at a public or community playground,
playfield, park, school, or swimming pool operated solely by the agency
or group operating the recreation facilities, and for the convenience
of patrons of the facility, shall not be deemed to be a restaurant.
An establishment where the patrons may 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, and where additional seats
or other accommodations are provided for on-site consumption.
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.
One or more establishments providing services, entertainment,
goods, products or merchandise to the general public and to others
for personal or household consumption.
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent the
washing down or erosion of earth from the upper slope level.
A facing of stone, concrete, etc., built to protect a scarp,
embankment, or shore structure against erosion by wave action or current.
The same as "boarding or lodging house."
Naturally or man-made occurring accumulations of sand in
ridges or mounds landward of the beach.
[Amended 9-21-2009 by Ord. No. 2009-2989; 6-4-2018 by Ord. No. 2018-3221]
A parabolic reflector antenna which is designed for the purpose
of receiving signals from and/or transmitting signals to a transmitter
relay located in planetary orbit.
The same as "educational use."
A building or group of buildings in which activities are
limited to experiment, testing, and other forms of research such as
product design and development, provided that the use shall not include
any processing or manufacturing except as may be incidental to the
research or testing process. There shall be no commercial production
of goods, materials, or any other substances for sale, except as may
be produced by a small pilot facility necessary to the research activity.
Any concentration or grouping of trees or shrubbery as may
be required by this chapter. Screening may also include fences and
walls.
A wall or embankment to resist encroachment of the sea.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
The transport and depositing of solid material by water.
That portion of any required yard area which is set aside
for the sole purpose of access from the road adjoining the premises
to the loading or unloading area on the premises, to service the building
erected for the use conducted thereon.
The horizontal distance between any front, side or rear lot
line, measured perpendicular to such lot lines and the required setback
line. Includes street rear and street side setbacks.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
The visual depiction of specified anatomical areas and/or
specified sexual activities. For the purpose of this chapter, "specified
anatomical areas" and "specified sexual activity" are defined as follows:
SPECIFIED ANATOMICAL AREASIncludes:
SPECIFIED SEXUAL ACTIVITIESIncludes:
The fondling or erotic touching of the human genitals, pubic
region, buttocks, anus or breasts;
Sex acts, actual or simulated, including sexual intercourse,
oral copulation, or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities contained herein.[7]
An enclosed, accessory structure with a height, not to exceed
16 feet at its highest point, and to be used for the storage of incidental
household tools and equipment but not to be utilized for the storage
of automobiles.
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.
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.
A name, identification, description, display, illustration
or any other device observable from out-of-doors, which is affixed
to, painted on, or represented directly or indirectly upon a building,
structure, or piece of land and which directs attention to an object,
product, place, activity, person, institution, organization, or business,
regardless of whether such device is located indoors or outdoors.
Lighting used to outline any part of a building shall be deemed to
be a sign. However, a sign shall not include any display of official
court or public office notices, any official traffic control device,
nor any flag, badges, banners, or insignia of any public, quasi-public,
civic, charitable, or religious group.
A sign which directs attention to a business, commodity,
or service conducted, sold or offered elsewhere than on the premises
where the sign is located.
The area defined by the outside edge of the frame surrounding
the sign or by the edge of the sign if no frame exists. Where no frame
or edge exists, the area shall be defined by a projected enclosed
four-sided (straight lines) geometric shape which most closely outlines
the sign.
The lower part of a sign, which may appear as a separate
architectural feature and serves as its ground support. It shall be
a decorative feature containing no words, logos, etc. Such a sign
base shall not consist of a pole or poles.
[Added 6-6-2016 by Ord.
No. 2016-3168]
A sign which directs attention to a business or profession
conducted on, or to a commodity service or entertainment sold or offered
upon the premises where such sign is located.
A sign that utilizes computer-generated messages or some
other electronic means of changing copy. These signs may include but
are not limited to displays using incandescent lamps and light-emitting
diodes (LED).
[Added 9-16-2013 by Ord.
No. 2013-3095]
Any sign placed or inscribed upon the face of a building.
Any sign supported by uprights or braces placed upon the
ground and not attached to any building.
An electronic message center sign that displays a message
that appears to be made up of no more than one color at a given time.
[Added 9-16-2013 by Ord.
No. 2013-3095]
Land development consisting of detached single-family dwellings,
each individually located on its own, fee simple lot.
[Amended 12-16-2002 by Ord. No. 2002-2705]
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes, and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to the provisions of this
chapter requiring review and approval of site plans by the Planning
Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
All unconsolidated mineral and organic material of any origin
and overlies bedrock and which can be readily excavated.
The Freehold Soil Conservation District, a governmental subdivision of the state which encompasses Middletown Township and which was organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. 4:24-2 et seq.
Garbage, sludge, refuse, trash, rubbish, debris or other
discarded solid materials.
The land area covered by the floodwaters of the base flood.
[Amended 12-17-2012 by Ord. No. 2012-3073]
Standards, requirements, rules and regulations adopted by this
chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels,
glare, earthborne 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 Township; or
Required by applicable federal or state laws or Township agencies.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348), includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
[Amended 9-21-2009 by Ord. No. 2009-2989]
Areas where the average slope is 15% or greater as measured
over a ten-foot interval. Steep slopes which are 25% or greater shall
be considered critical slopes.
A yard on a through lot which is coexistent with a street and does not fulfill the criteria of a front yard (see § 540-506, Corner lots).
A yard on a corner lot which is coexistent with a street and does not fulfill the criteria of a front yard (see § 540-506, Corner lots).
That part of a building between the surface of any floor
and the next floor above it, or in its absence, then the finished
ceiling or roof above it. A "split-level" story shall be considered
a secondary story if its floor level is six feet or more above the
level of the line of the finished floor next below it except a cellar.
Any floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a story, and
if less than two feet below the top plate, it shall be counted as
half-story, provided not more than 60% of the floor area is used for
rooms, baths or toilets, otherwise, it shall be counted as that fraction
of a story which its floor area in rooms, baths or toilets bears to
the entire floor area.
An habitable attic that has a stairway as a means of access
and egress and in which the ceiling area at a height of seven feet
above the floor constitutes not more than 1/3 of area of the next
floor below.
[Amended 4-18-2005 by Ord. No. 2005-2815]
Those areas which include the floodway and permanent channel
of brooks and streams.
Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by N.J.S.A. 40:55D, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board, and grant to such Board 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. (Streets are classified by function and type by § 540-641).
A street surfaced with an all-weather pavement which meets the criteria for street design and construction contained in § 540-641 of this chapter.
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
Township of Middletown, 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.
A street that does not have an all-weather pavement in accordance with § 540-641, Street design and construction. 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 Township 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 Township Engineer for his evaluation and written determination.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
The same as "alterations."
A retaining wall three feet in height or greater, constructed
of heavy creosote timber or logs (aka "railroad ties"), or reinforced
concrete, other reinforced masonry or of other acceptable construction,
and required in order to prevent collapse or erosion because the property
to be retained is at a natural grade higher than that of the property
toward which the wall faces.
[Amended 3-15-2010 by Ord. No. 2010-3002]
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,
manufactured home, a gas or liquid storage tank, outdoor bins, pergolas,
platforms, pools, porches, reviewing stands, sales stands, signs,
stadiums, staging, standpipes, tanks of any kind, tents, towers of
any kind, including radio and television towers and antenna trellises.
The word "structure" shall be construed as though followed by the
words "or part thereof."
[Amended 9-21-2009 by Ord. No. 2009-2989]
The same as "efficiency apartment."
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
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; divisions
of property by testamentary or intestate provisions; division of property
upon court order including, but not limited to, judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified 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 Township.
Those adjoining lots, tracts, or parcels of land shown on the Official
Tax Map of the Township 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." (ref. MLUL)
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and having such
further duties relating to land subdivision as may be conferred on
this Committee by the Board.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Amended 9-21-2009 by Ord. No. 2009-2989]
[Amended 9-21-2009 by Ord. No. 2009-2989]
Any repair, reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure either:
For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration effects the external dimensions of the structure.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of or to comply with existing state or local health, sanitary
or safety code specifications which have been identified by the local
Code Enforcement Officer and which are the minimum necessary to assure
safe living conditions; or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a "historic
structure."
A determination by the Council approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Act and the rules and criteria as set forth herein. A grant
of substantive certification shall be valid for a period of six years
in accordance with the terms and conditions contained therein.
Those waters that fall on land or arise from springs and
diffuse themselves over the surface of the ground following no defined
course or channel.
A swimming pool that is operated for profit and open to the
public or a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly or annual fee.
A swimming pool which does not meet the definition of commercial
or public swimming pools, and shall include in-ground pools and aboveground
pools.
A swimming pool that is accessory to another use such as
a hotel, motel, multifamily residential development or single-family
planned unit development for exclusive use of the residents or occupants
therein, and their guests. Also includes private clubs.
An establishment whereby a person's skin is marked or colored
by pricking it by subcutaneous introduction of nontoxic dyes or pigments
so as to form indelible marks, figures or art work, or by production
of scars.
A portable or semiportable table, platform or structure from
which fruits, vegetables, or similar agriculture products are intended
to be sold at retail to passing motorists or pedestrians.
Any form of covered or enclosed area, including tents, canopies,
portable storage units and sheds, that is movable or readily dismantled,
utilized to store gardening equipment, farm equipment, automobiles,
or other materials that otherwise does not require a building permit
or zoning approval. Such structures shall not be permitted to be placed
within the required front yard or street side or street rear setback
in any zone. Where such structures are necessary upon determination
by the Construction Official, due to permits having been issued for
construction or repair work being conducted on a property, such structures
shall be permitted without having to comply with the setback limitations
specified herein. However, such structures shall be removed upon completion
of such work.
[Amended 6-19-2006 by Ord. No. 2006-2879]
Lands which are washed by tidal flows in accordance with
the NJDEP&E Tideland Council maps which are on file with the NJDEP&E
and Township Clerk.
One dwelling unit from ground to roof, an attached or semidetached
dwelling, located in groups or rows, with common party walls, and
two means of access and egress at grade level, on an individual lot
or designated lot area, generally rectangular in shape, within a development
or tract of land. Townhouses may also include building types such
as, but not limited to, patio houses and atrium houses.
The Township of Middletown.
An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. "Tract" is interchangeable with the words "development area,"
"site" and "property."
The total area of land, determined by a certified boundary
survey, excluding any public rights-of-way and/or lands shown as part
of another previously approved or designated permanent open space.
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of the Municipal Agency.
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.).[8]
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.
Essential services including, but not limited to sewers,
water, electricity, gas, and telephone, regulated by the State of
New Jersey or by the federal government.
Permission to depart from the literal requirements of zoning
regulations of this chapter.
[Amended 9-21-2009 by Ord. No. 2009-2989]
A retail store that carries a wide range of merchandise typically
offered at a low unit value. However, all merchandise offered for
sale must be permitted in the zone in which the variety store is located.
A multilevel structure constructed for use as a facility
for vehicular parking or storage. The levels can be above or below
grade or both, but in no case shall exceed the maximum height limitation
for the district in which it is located.
The failure of a structure or other development to be fully
compliant with this chapter. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[Added 6-4-2018 by Ord.
No. 2018-3221]
Any structure designed for or utilized primarily for the
storage of goods and materials. The term shall include self-storage,
mini, or other form of commercial warehouse activities.
Channel or canal for the conveyance of water, particularly
drainage lands.
Developments such as commercial fishing marinas and public
waterfront recreation that cannot physically function without direct
access to the water body along which it locates.
Areas known as marshes, swamps or other lowlands subject
to tidal action from the Sandy Hook Bay, Navesink River, 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.
Areas known as marshes, swamps, or other saturated lowland,
wherein standing water is retained for 24 or more consecutive hours
and to which vegetation unique to such marshes, swamps, or wetlands
has become adapted. This definition shall include, but is not limited
to, all the mapped New Jersey State Wetlands.
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.
The distance between a property line and the nearest point
of a structure. Includes front yard, rear yard, street rear yard,
side yard, and street side yard.
A single-family, fully detached residence located on an individual
lot which is set on one side lot line. House windows are prohibited
in that wall of the house on the lot line. Either a five-foot maintenance
easement shall be provided for the neighboring property or the lot
line house may be set back five feet from the line and a recreation,
planting, and use easement may be granted to the adjacent lot owner.
The same as "district."
The official of Middletown designated to enforce the provisions of this chapter. The Zoning Officer shall also be the Administrative Officer in matters pertaining to §§ 540-528A(4), 540-528B, 540-529 and 540-402.
The same as "development permit."
[1]
Editor’s Note: The former definitions of "advisory base
flood elevation (ABFE)," as amended; "advisory flood hazard area (AFHA),"
as amended; and "Advisory Flood Hazard Map," as amended, all of which
followed this definition, were repealed 6-4-2018 by Ord. No. 2018-3221.
[3]
Editor's Note: See N.J.S.A. 13:9A-1 et seq.
[5]
Editor's Note: See N.J.S.A. 30:5B-16 et seq.
[6]
Editor’s Note: The former definition of "NJDEP flood
hazard area control rules," as amended, which immediately followed
this definition, was repealed 6-4-2018 by Ord. No. 2018-3221.
[7]
Editor's Note: The original definition of "Shade Tree Advisory
Committee," which immediately followed this definition, was repealed
2-6-2017 by Ord. No. 2017-3185.
