Wherever a term which is defined in N.J.S.A.
40:55D-1 et seq. and/or the New Jersey State Uniform Construction
Code is 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 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:
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 "plot;" the word "building"
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 "use" includes the words "arranged," "designed,"
and the phrase "intended to be used;" and the word "shall" is mandatory
and not directory; and the word "abut" shall include the words "directly
across from," "adjacent" and "next to."
The term "such as," where used herein, shall
be considered as introducing typical or illustrative, rather than
an entirely exclusive or inclusive designation of permitted or prohibited
uses, activities, establishments or structures.
Certain words, phrases and terms in this chapter
are defined for the purpose herein as follows:
A subordinate use, building, or structure, the purpose of which is incidental to that of a main use, building, or structure on the same lot, except that any building or structure with a floor area in excess of 900 square feet or a building or structure containing living space shall never be considered an accessory (See Subsection 30-5.8).
[Amended 9-19-2023 by Ord. No. O-08-23]
The Borough Clerk for all matters before the Board of Commissioners,
the Planning Board Secretary for all matters involving the Planning
Board and Board of Adjustment and the Zoning Officer for matters pertaining
to issuance of permits or enforcement of this chapter. In the event
that any matter subject to this chapter is not before the Board of
Commissioners, Planning Board or Board of Adjustment or Zoning Officer,
the Administrative Officer shall be the Borough Clerk. [10/16/1984,
6/13/1995]
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.
The same as "Dwelling Unit."
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Planning Board unless a different agency is designated
in this chapter when acting pursuant to the authority of N.J.S.A.
40:55D-1 et seq. [10/16/1984]
The same as "Motor Vehicle Service Station."
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building.
The Monmouth Beach Planning Board established pursuant to
N.J.S.A. 40:55D-25c. 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. [6/12/1979, 6/13/1995]
The Borough of Monmouth Beach.
That central portion of any lot between required yards and/or
setback lines.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
[10/16/1984]
The total of areas of outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces or steps having
vertical faces, which at all points are less than three feet above
the level of the ground.
The vertical distance as measured by the crown of the road of the improved street on which it fronts at the mid-point of the lot. The building height shall not exceed 35 feet except in those instances where structures, in areas of special flood hazard, have the lowest floor 36 inches above the base flood elevation as defined in Chapter 22. In those instances, the maximum building height may be increased by three feet.
[5/13/1980; Ord. No. O-03-2001, 1/9/2001; Ord. No. O-11-13;
amended 9-19-2023 by Ord. No. O-08-23]
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
A permit issued for the alteration or erection of a building
or structure in accordance with the provisions of the New Jersey Uniform
Construction Code.
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a principal building on the lot on which it is located.
A cable television company as defined pursuant to N.J.S.A.
48:5A-3, Public Utilities Law. [8/9/1994]
A governmental acquisition of real property or major construction
project. [10/16/1984]
An attached or detached accessory building designed for the
storage of motor vehicles and constructed primarily as an open building
with only a roof and the necessary supporting columns and of an area
between the columns not to exceed 200 square feet.
A story wholly or partly underground and having more than
1/2 of its clear height below the average level of the adjoining ground.
A certificate issued by the Administrative Officer after
all required submissions have been made in proper form, certifying
that an application for development is complete.
A certificate issued upon completion of construction and/or
alteration of any building, or change in occupancy of a commercial
or industrial building. This 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.
A facility for which a license from the New Jersey Department
of Human Services pursuant to N.J.S.A. 30:5B-1 et seq. is required.
[8/9/1994]
A building or group of buildings, including customary accessory
buildings designed or intended for public worship. For the purpose
of this chapter, the word Church shall include chapels, congregations,
cathedrals, temples, and other similar designations, as well as parish
houses, convents and such accessory uses.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
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 licensed pursuant to N.J.S.A.
30:11B-1 et seq. providing food, shelter and personal guidance under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include
but not be limited to: group houses, half-way houses, intermediate
care facilities, supervised apartment living arrangements and hotels.
Such a residence shall not be considered a health care facility within
the meaning of the "Health Care Facilities Planning Law," N.J.S.A.
26:2H-1 et seq. In the case of such a community residence housing
mentally ill persons, such residence shall have been approved for
a purchase of service contract or an affiliation agreement pursuant
to such procedures as shall be established by regulation of the Division
of Mental Health and Hospitals of the Department of Human Services.
[10/16/1984]
Any shelter approved for 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.
30:40-1-14 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. [10/16/1984]
An application for development which complies in all respects
to the appropriate submission requirements set forth in this chapter.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
Development other than planned development. [7/26/1988]
A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. The minimum lot width and the minimum lot depth shall be met at each abutting street. The minimum yard requirements shall be as set forth in Section 30-5.6.
[Amended 11-22-2016 by Ord. No. O-15-2016]
A composite of the 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.
The same as "Lot Coverage."
The officially established grade of the curb in front of
the midpoint of the front lot line.
Calendar days.
Dwelling units per gross acre of land to be developed (see
"Residential Density-Gross"). [10/16/1984]
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 of use of
land, for which permission may be required pursuant to this chapter.
A document signed by the Administrative Officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building, and (2) 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.
A person who is developmentally disabled as defined in N.J.S.A.
30:11B-2, and Mentally Ill Person shall mean a person who is afflicted
with mental illness as defined in N.J.S.A. 30:4-23, but shall not
include a person who has been committed after having been found not
guilty of a criminal offense by reason of insanity or having been
found unfit to be tried on a criminal charge. [10/16/1984]
Any part of the territory of the Borough, which is designated
on the accompanying zoning map and to which certain uniform regulations
and requirements of this chapter apply.
The Division of State and Regional Planning in the New Jersey
Department of Community Affairs.
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. [10/16/1984]
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.
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
A building or part thereof having cooking, sleeping and sanitary
facilities designed for, occupied by one family, and which is entirely
separated from any other dwelling unit in the building by vertical
walls, or horizontal floors, unpierced, except for access to the outside
or a common cellar.
A building designed for, or containing six or more 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 designed for or containing one dwelling unit.
The right of the Borough, 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.
The Monmouth Beach Environmental Commission, a municipal
advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits, cables; and including normal above ground
appurtenances such as fire alarm boxes, police call boxes, light standards,
poles, traffic signals, 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.
That site plan and/or subdivision approval shall not be required
for the following:
Construction, additions or alterations related
to single family detached dwellings on individual lots.
Interior alterations which do not increase the
required number of off-street parking spaces.
Any change of use of land or structure to a
use for which the standards of this chapter are the same or less restrictive
or stringent.
Any increase in the total number of employees,
number of employees in any shift, or the number of vehicles to be
stored or parked on the site not exceeding 25% of the amount existing
at the time of passage of this chapter* or as set forth at the time
of a previous site plan approval.
Construction or installation of underground
facilities which do not alter the general use, appearance or grade
of the site.
The construction, alteration of, or addition
to any off-street parking area which provides an increase of five
or less vehicle parking spaces.
Divisions 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.
One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
A fence in which 2/3 of the area between grade level and
the top cross member (wire, wood or other material), is open.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter.
Shall not be permitted in the Borough of Monmouth Beach.
Flag Lots are generally defined as a lot created which result in back-to-back
lots with common frontage where the lot furthest from the public street
is accessed by easement or fee simple which access is less than the
permitted lot frontage and whose configuration resembles a "flag."
[Ord. No. O-51-05; 6-28-05]
The sum of the gross horizontal areas of the floor or several
floors of a building measured between the inside faces of exterior
walls, or from the center line of walls common to two dwelling units
or uses. For nonresidential uses, floor areas shall include basements,
cellars and storage areas.
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 cellar or basement, or any garage
space, breezeway, interior patios, enclosed porches or accessory building
space.
Any sign supported by uprights or braces placed upon the
ground and not attached to any building.
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory.
The same as Motor Vehicle Service Station.
The Board of Commissioners of the Borough of Monmouth Beach.
The completed surface of lawns, walks and roads brought to
grade as shown on official plans or designs relating thereto or as
existing if no plans or designs have been approved.
The same as Floor Area.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites. [7/26/1988]
Any real property, manmade structure, natural object or configuration
or any portion or group of the foregoing which have been formally
designated in the Master Plan as being of historical, archeological,
cultural, scenic or architectural significance. [7/26/1988]
An energy system that uses more than one technology to produce
energy or work (i.e. wind/solar system).
[Ord. No. O-55-11 § 1]
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 accepted and maintained by the Borough of Monmouth
Beach, Monmouth County or the State of New Jersey.
(a) In a criminal or quasi-criminal proceeding, any citizen
of the State of New Jersey; and (b) in the case of a civil proceeding
in any court or in an administrative proceeding before a Municipal
Agency, any person, whether residing within or without the municipality,
whose right to use, acquire, or enjoy property is or may be affected
by any action taken under this chapter and/or pursuant to the provisions
of N.J.S.A. 40:55D-1 et seq. or whose rights to use, acquire, or enjoy
property under the provisions of 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 a failure to act under 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 Borough standards.
Kilowatt.
Include improvements and fixtures on, above or below the
surface.
An off-street space for the temporary parking of a commercial
vehicle while loading or unloading. Such space must have clear means
of ingress and egress to a public street at all times.
Any sewage authority created pursuant to the "Sewage Authorities
Law," N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant
to the "Municipal and County Utilities Authority Law," N.J.S.A. 40:14B-1
et seq.; or any utility, authority, commission, special district or
other corporate entity not regulated by the Board of Public Utility
Commissioners under N.J.S.A. 48:1 et seq. that provides gas, electricity,
heat, power, water or sewer service to a municipality or the residents
thereof. [8/9/191994]
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.[1]
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. Portions of lots which do not meet 75% of the minimum lot
width requirement in the Schedule of Limitations shall not be included
to calculate lot area. [7/26/1988]
The area of a lot covered by buildings and structures and
expressed as a percentage of the total lot area. The total lot coverage
shall be inclusive of all pervious and impervious structures but shall
be exclusive of:
[Amended 6-26-2018 by Ord. No. O-12-18; 9-19-2023 by Ord. No. O-08-23]
The water surface area of a swimming pool.
Areas with grass or other vegetative cover that are used for
landscaping.
Decks that: 1) are located above grade; 2) have grass or other
vegetative cover or organic mulch or other pervious material under
their surface; 3) have gaps between decking; and 4) comply with all
setback requirements applicable to principal buildings within the
prevailing zone district unless otherwise exempted by this chapter.
Decks constructed of interlocked planks shall be considered as an
impervious surface.
Areas covered by gravel or loose stone that are not located
within driveways, sidewalks, or similar walkways.
Elevated air-conditioner condensers and other mechanical equipment
that: 1) are mounted on the building; 2) do not project more than
four feet from the building; and 3) have grass or other vegetative
cover under the units or platforms.
Platforms associated with air-conditioner condensers or generators
that: 1) are located above grade; 2) have grass or other vegetative
cover or organic mulch material under their surface; 3) have gaps
between decking or other material forming the surface upon which air-conditioner
condensers or generators are mounted; and 4) comply with all setback
requirements applicable to principal buildings within the prevailing
zone district unless otherwise exempted by this ordinance.
The shortest distance between the front lot line and a line
drawn perpendicular to the front lot line through the mid-point of
the rear lot line, provided that, in triangular or odd shaped lots
having no rear lot line, the distance shall be measured to the mid-point
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. [7/26/1988]
The horizontal distance of lot lines or portions thereof
of which are coexistent with a street line. In the case of a street
of undefined width, said lot lines shall be assumed to parallel the
center line of the street at a distance of 50% of the statutory street
right-of-way width therefrom.
Any line designating the extent or boundary of a lot, which
shall further be defined as follows:
[Amended 11-22-2016 by Ord. No. O-15-2016]
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, except for corner lots, which shall conform to Section 30-5.6C, D and E.
SIDE LOT LINEAny lot line other than a front or rear lot line. (See, however, Section 30-5.6C, D, and E, which shall control with regard to corner lots.
The mean horizontal distance between the side lot lines measured
at right angles to its depth at the building line. In no case, shall
the width of the lot at the street line be less than 75% of the required
minimum lot width. [7/26/1988]
Any security, which may be accepted by the Borough for the
maintenance of any improvements required by this chapter, including,
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash. [8/9/1994]
Any subdivision not classified as a minor subdivision.
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.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
The Mayor of the Borough of Monmouth Beach.
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
[Ord. No. O-55-11 § 1]
Any subdivision resulting in not more than two lots plus
the remainder of the original lot, all lots fronting on an existing
improved street and not involving any new street or road provided
that the Planning Board unanimously finds that the following conditions
have been met:
That curbs and sidewalks have been installed
or that the developer agrees to install and post-performance guarantees
for curbs and sidewalks, or that curbs and sidewalks are not required
due to specific conditions in the area.
That the subdivision does not require the extension
of municipal facilities at the expense of the municipality.
That the subdivision and construction resulting
therefrom will not adversely affect drainage patterns of the basin
in which the lots are situated.
That the subdivision will not adversely affect
the development of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with
any provision or portion of the Master Plan, Official Map or this
chapter.
That in the event a drainage fund has been established
by the Borough or Monmouth County an assessment has been charged to
the lots and has been paid.
That no portion of the lands involved have constituted
a part of a minor subdivision within two years preceding the application.
|
The Planning Board may also classify consolidations
of lots and resubdivisions to readjust lot lines as "Minor Subdivisions"
regardless of the number of lots involved.
|
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories and which may include facilities for lubricating,
washing or servicing of motor vehicles, except that auto-body work
of any nature and retail sales unrelated to motor vehicle uses shall
be prohibited.
The Planning Board or Board of Adjustment or Governing Body
of the Borough when acting pursuant to N.J.S.A. 40:55D-1 et seq. and
this chapter.
The Borough of Monmouth Beach.
A lot the area, dimension or location of which was lawful
prior to adoption, revision or amendment of this chapter, but fails
to conform to the requirements of the zone district in which it is
located by reasons of such adoption, revision or amendment. [10/16/1984]
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to the requirements of the zone district
in which it is located by reasons of such adoption, revision or amendment.
[10/16/1984]
A use or activity which was lawful prior to the adoption,
revision, or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment. [10/16/1984]
Pollution from any source other than from any discernible,
confined, and discrete conveyance, and shall include but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources. [10/16/1984]
The specific purpose for which land or a building is used,
designed or maintained.
The same as Certificate of Occupancy.
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.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
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 Board of Commissioners
pursuant to N.J.S.A. 40:55D-32 et seq.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use of enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An open area, other than a street, intended for the same
use as a garage.
A paved open area, other than a street or other public way,
used for the parking of automobiles and available to the public, whether
for a fee, free or as an accommodation of clients or customers.
An off-street space provided for the parking of a motor vehicle
with a minimum area of 200 square feet, exclusive of driveways or
access drives.
For purposes of notice any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
Any security which may be accepted by the Board of Commissioners,
including, but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash. [8/9/1994]
The Borough of Monmouth Beach Planning Board established
pursuant to N.J.S.A. 40:55D-23 and N.J.S.A. 40:55D-25. 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-70 and 40:55D-76. [6/12/1979,
6/13/1995]
The licensed New Jersey Professional Engineer specifically
retained by the Planning Board or assigned by the Borough 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 Borough Engineer may assume the duties
of the office.
A map or maps of a subdivision or site plan. [10/16/1984]
The conferral of certain rights pursuant to N.J.S.A. 40:55-46,
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.
[10/16/1984]
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scopes, scale, relationship to its site and immediate environs
and exterior colors and finishes.
A lot or tract of land or any combination thereof held under
a single ownership or control.
The primary or principal purpose for which a building, structure
or lot is used.
A primarily recreational use such as swimming pools, tennis
courts or ocean beach and also occupying a building of at least 3,000
square feet of floor area. Use of the facility shall be on ownership
or on an annual membership basis, and no living quarters except for
employees shall be provided.
An office in which a professional use is permitted. [12/11/1979]
The offices of a dentist, physician, attorney, accountant,
engineer or architect. [12/11/1979]
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance under N.J.S.A.
40:55D-70d would be necessary in order to provide that use in that
particular zone.
Any sign which is affixed to any building wall or structure
and extends more than one foot beyond the building wall.
(1) public parks, playgrounds, trails, paths and other recreational
areas; (2) other public open spaces; (3) scenic and historic sites;
and (4) sites for schools and other public buildings and structures.
[10/16/1984]
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 assure the adequacy
of existing and proposed culverts and bridges, to induce water recharge
into the ground where practical, and to lessen nonpoint pollution.
[10/16/1984]
An open space area conveyed or otherwise dedicated to the
Borough or Municipal Agency, Board of Education, State or County agency,
or other public body for recreational or conservational uses.
Any public utility regulated by the Board of Public Utility
Commissioners and defined pursuant to N.J.S.A. 48:2-13. [8/9/1994]
The majority of the full authorized membership of a Municipal
Agency.
The number of dwelling units, which may be or are developed
per acre of land, including areas used for public access and/or open
space.
The number of dwelling units which may be or are developed
per acre of land exclusive of areas used for public access and/or
open space.
(1) 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 (2) the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or by other instrument.
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent the
washing down or erosion of earth from the upper slope level.
Any concentration or grouping of trees or shrubbery as may
be required by this chapter. [10/16/1984]
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials. [10/16/1984]
The transport and depositing of solid material by water.
[10/16/1984]
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 or the use conducted thereon.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
The Shade Tree Commission of the Borough of Monmouth Beach.
A structure, building wall or other outdoor surface, or any
device used for visual communications in order to bring the subject
thereof to the attention of the public, and/or to display, identify
and/or publicize the name, location and/or products or service of
any person.
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.
A development plan of one or more lots on which is shown
(1) the existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways, (2) 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 (3) 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-1
et seq.
A wind energy conversion system consisting of a wind turbine,
with or without a tower, and associated control or conversion electronics
which has a rated capacity consistent with applicable provisions of
the State Uniform Construction Code promulgated pursuant to the "State
Uniform Construction Code Act, P.L. 1975, c.217 (N.J.S.A. 52:27D-119
et seq.) and the technical bulletins issued pursuant to Section 2
of P.L. 2009.c.244 (N.J.S.A. 40:55D-66.13), and which will be used
primarily to generate electricity for on-site consumption.
[Ord. No. O-55-11 § 1]
The vertical distance above grade of the tower plus the wind
generator. The system height shall be measured to the tip of the wind
generator blades when the blade tip is at the highest point.
[Ord. No. O-55-11 § 1]
The vertical distance above grade of the fixed portion of
the tower excluding the wind generator.
[Ord. No. O-55-11 § 1]
A solar energy system and all associated equipment that converts
solar energy into a usable electrical energy, heats water or produces
hot air or other similar function through the use of solar panels.
[Ord. No. O-55-11 § 1]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Ord. No. O-55-11 § 1]
Standards (1) adopted by ordinance pursuant to N.J.S.A. 40:55D-65d
regulating noise levels, glare, earthborne or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosive
and inflammable matters, smoke and airborne particles, waste discharge,
screening of unsightly objects or conditions and such similar matters
as may be reasonably required by the Borough or (2) required by applicable
Federal or State laws or Borough Ordinances. [10/16/1984]
That portion of a building included between the surface of
any floor and the surface of that next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. No "story" shall be deemed to be a first story if its
floor level is more than six feet above the level from which the height
of the building is measured. A mezzanine floor shall be counted as
a "story" if it covers over 1/3 the area of the floor next below it.
For the purpose of this chapter, a bi-level or split-level dwelling
shall be considered a one-story structure.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half-story. A basement
shall also be included as a half-story.
A right-of-way which is open to public travel and which has
been accepted for use and maintenance by the State of New Jersey,
County of Monmouth or the Borough of Monmouth Beach.
[Ord. No. O-03-2001, 1/9/2001; Ord. No. O-51-05]
That line determining the limit of the highway rights of
the public, either existing or contemplated.
The same as Alterations.
Any 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. [10/16/1984]
Any person or 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 N.J.S.A. 40:55D-1 et seq., if no new streets are created:
(1) divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size; (2)
divisions of property by testamentary or interstate provisions; (3)
division of property upon court order, including but not limited to
judgments of foreclosure; (4) consolidation of existing lots by deed
or other recorded instrument; and (5) the conveyance of one or more
adjoining lots, tracts or parcels of land, owned by the same person
or persons and all of which are found and certified by the Administrative
Officer to conform to the requirements of the municipal development
regulations and are shown and designated as separate lots, tracts
or parcels on the tax map or atlas of the municipality. The term subdivision
shall also include the term resubdivision. [10/16/1984]
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly, annual or other fee or operated
as a service rendered by a hotel, motel or apartment development whose
units are rented to transient or permanent residents.
A swimming pool located on a single-family lot with a residence
on it and used as an accessory to the residence, and said pool is
utilized with no admission charges and not for the purpose of profit.
A typed or printed verbatim record of the proceedings or
reproduction thereof. [10/16/1984]
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.
Permission to depart from the literal requirements of the
Borough's Land Use and Development Regulations pursuant to N.J.S.A.
40:55D-40b, -70c, -70d [10/16/1984]
Any sign which is affixed to or painted on an exterior wall
of any building, not projecting more than one foot beyond the building
wall.
Equipment that convert energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
[Ord. No. O-55-11 § 1]
An open space which lies between a principal building or
building group, for the full length of the lot and the nearest lot
line. A yard is to be unoccupied and unobstructed from the ground
upward except as herein permitted. All yards will be identified as
either front yard, side yard or rear yard.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
The depth of the front yard shall be measured at right angles to the
front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
The depth of a rear yard shall be measured at right angles to the
rear of the lot in the same manner as specified herein for the measurement
of lot depth.
An open, unoccupied space between the side line of the lot
and the nearest line of the building and extending from the front
yard to the rear yard, or in the absence of either of such yards,
to the front or rear lot lines as the case may be. The width of a
side yard shall be measured at right angles to the side line of the
lot.
The same as District, or Zone District. [10/16/1984]
The official of the Borough of Monmouth Beach designated
to enforce the provisions of this chapter. The Zoning Officer shall
also be the Administrative Officer in matters pertaining to issuance
of permits, and enforcement. [10/16/1984]
The same as Development Permit.
[1]
Editor's Note: Section 3 of Ord. No. O-51-05
provided as follows: "All lots existing of the effective date of this
ordinance which lot or lots become non-conforming or non-permitted
solely as a result of the provisions of this ordinance shall be deemed
conforming and permitted and exempt from the application of these
requirements."
