[2002 Code § 16-08-040; Ord. No. 488 § 1, 2004; Ord. No. 489, 2004; Ord. No. 2009-25 § II; Ord. No. 2010-32; Ord. No. 2014-15; Ord. No. 2017-02; amended 8-16-2021 by Ord. No. 2021-09; 10-11-2022 by Ord. No. 2022-15; 4-17-2023 by Ord. No. 2023-02]
Certain words, phrases, and terms in this chapter are defined for the purpose herein as follow:
ADDITION
An extension or increase in building size, floor area or height.
ADMINISTRATIVE OFFICER
The Construction Official in matters involving the administration of the construction code; the Zoning Officer in matters involving the administration of the zone code; The Municipal Code Enforcement Officer in all matters involving the enforcement of local, County and State ordinances, regulations, and statutes, inclusive of zoning and construction enforcement and the Municipal Clerk of the Borough in all other matters unless a different municipal official or officials are designated by ordinance or statute.
ADULT BOOKSTORE
An establishment devoted to safe, rental, or distribution of pornographic books, magazines, pamphlets, photographs, motion pictures, phonograph records and video and audio tapes devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality, and other obscene subjects, etc., used in connection with the aforementioned purposes.
AGGRESSIVE SOILS
Soils which may be corrosive to case iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERATIONS
As applied to a building or structure, 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.
AMUSEMENT ARCADE
Any place of business containing more than three amusement devices.
AMUSEMENT DEVICE
Any machine, contrivance, or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice, or other openings, or by the payment of any price, is operated or may be operated by the public generally for use as a game, entertainment, or amusement, whether or not registering a score, and shall include, but not be limited to such devices as "Pac-Man" or other types of electronically operated game devices, skillball, mechanical games operations or transactions similar thereto, by whatever name they may be called and shall not include pool or billiard tables.
APARTMENT
A dwelling unit in a multifamily building.
APPLICANT
A developer submitting an application for development or for a permit required in accordance with this chapter.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by 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 45:55D-36.
APPROVED STAIRWAY
A permanent access conveyance, either fixed or mechanically operated that allows for the uninterrupted ingress and egress from or to a space within a structure. Manual pull down stairs or openings requiring the placement of a ladder device for access are not considered an approved stairway.
APPROVING AUTHORITY
The Municipal Planning Board unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
ART GALLERY
A building or portion thereof, in which sculpture, paintings, or other artistic work is displayed or sold.
ASCE
The American Society of Civil Engineers.
ASTM
The American Society for Testing Materials.
ATTACHED SIGN
A sign posted, painted or constructed, attached to the wall, roof, facade, canopy, or porch of any structure; provided the sign does not extend above the highest point of the roof.
ATTIC
A floor of a building that is immediately below and wholly or partly within the roof framing. An attic shall not include a kitchen, bedroom or bathroom unless authorized by applicable codes. For clarification, no portion of the first floor or structure adjoining and/or potentially accessible to the second floor, will be considered an Attic and will count as Floor Area.
An Attic shall be counted as a Half Story, and the area of the floor not counted as Floor Area, if it satisfies either of the following conditions:
a.
It has no Approved Stairway as a means of access and egress (i.e. it is accessed only by a ladder or pull down stairway); or
b.
It has an Approved Stairway as a means of access and egress, and the ceiling area at a minimum height of seven (7) feet above the attic floor (measured from the attic floor to the bottom of the roof rafters) is equal to, or less than, one-third (1/3) of the area of the entirety of the next floor below.
An Attic shall be counted as a Story, and the area of the floor counted as Floor Area, if it has an Approved Stairway as a means of access and egress, and the ceiling area at a minimum height of seven (7) feet above the attic floor (measured from the attic floor to the bottom of the roof rafters) is greater than 1/3 the area of the entirety of the next floor below.
[Amended 4-17-2023 by Ord. No. 2023-02]
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AUCTION MARKET
Any premises on which are held at periodic times, auction sales of merchandise or any other personal property.
AUTOMOBILE SALES AGENCY
A place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without outside sales on the same business premises or immediately adjacent thereto.
AWNING
A structure made of cloth, metal, or other material affixed to a building with a minimum vertical clearance of eight feet from the ground.
AWWA
The American Water Works Association.
BANNER
A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to plastic, or fabric of any kind excluding flags, emblems, and insignia or political, professional, religious, education, or corporate organizations.
BARRIER CURB
A steep-faced curb intended to prevent encroachments.
BASEMENT
Unless defined as a Crawl Space as set forth hereinbelow, any space partly underground where the Finished Floor Elevation (FFE) is greater than thirty inches (30”). A Basement shall be counted as a Half Story.
[Amended 4-17-2023 by Ord. No. 2023-02]
BEDROOM
A room or portion of a structure with a principal function of serving as sleeping quarters.
BELGIAN BLOCK CURB
A type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.
BERM
A mound of soil, either natural or man-made, used as a view obstruction.
BICYCLE LANE
A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
BICYCLE PATH
A pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.
BIKEWAY
A pathway designed to be used by bikers.
BILLBOARD
A structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.
BLOCK
The length of a street between two street intersections.
BLOW-OFFS
An outlet in a pipe through which water or sediment can be discharged.
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69 and 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.
BOARD OF ADJUSTMENT ENGINEER
The licensed New Jersey Professional Engineer specifically retained by the Board of Adjustment (or assigned by the Municipal 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 Borough of Adjustment Engineer, the Municipal Engineer may assume the duties of the office.
BOARDING- OR LODGING HOUSE
Any dwelling for hire in which more than two persons are housed or lodged, with or without meals. This definition notwithstanding, a certificate of occupancy is required for any dwelling for hire.
BOATYARD
Any waterfront facility where docking accommodation and/or land-dry-storage accommodations for any watercraft, such as power boats, sailboats or row boats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.
BUFFER
An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.
BUILDABLE AREA
The central portion of any lot between required yards and/or setback lines.
BUILDING
A combination of materials to form a construction, having a roof and adapted to permanent, temporary, or continuous occupancy.
BUILDING AREA
The total of areas determined from outside dimensions on a horizontal plane at ground level of principal and accessory buildings, exclusive of unroofed porches, terraces, stoops or steps having vertical faces, which at all points are less than three feet above the level of the ground. A pergola, awning, or similar structure having more than a minimal area and which has the effect of a roof structure shall be considered a roof for the purpose of calculating building area.
BUILDING COVERAGE
The area of a tract covered by buildings and roofed areas. Building coverage is expressed as a percentage of the total tract area.
BUILDING HEIGHT
The vertical distance measured to the highest point of the building from the Average Existing Grade, or from any proposed grade shown on a site plan, subdivision plan, or other plan approved by the appropriate Municipal Agency (Planning Board or the Board of Adjustment). The vertical distance shall be the average measured along the perimeter of the building, measured at a minimum of four corners of the structure.
[Amended 4-17-2023 by Ord. No. 2023-02]
BUILDING PERMIT
A permit used for the alteration or erection of a building or structure in accordance with the provisions of the Uniform Construction Code.
BUILDING, PRINCIPAL; PRINCIPAL BUILDING
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.
BULK STORAGE
The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including, but not limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.
BULKHEAD
A structure separating land and water areas, primarily designed to resist earth pressures.
BUSINESS OFFICE
A business establishment which does not offer a product or merchandise for sale to the public, but offers or provides a service, primarily administrative, personal, or clerical in nature. Business offices are all those offices which are not professional offices and include but are not limited to the following:
d.
Investment brokerage houses;
e.
Banks and trust companies;
f.
Advertising or public relations agencies;
g.
Computer and data processing;
h.
Management and consulting services;
i.
Adjustment and collecting services;
j.
Consumer credit reporting agencies.
CALIPER
The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or produces cannabis in this State, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-16-2021 by Ord. No. 2021-09]
CANNABIS DELIVERY SERVICE
Any licensed person or entity providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchase items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
[Added 8-16-2021 by Ord. No. 2021-09]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
[Added 8-16-2021 by Ord. No. 2021-09]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-16-2021 by Ord. No. 2021-09]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers.
[Added 8-16-2021 by Ord. No. 2021-09]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
[Added 8-16-2021 by Ord. No. 2021-09]
CAPITAL IMPROVEMENTS PROGRAM
A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.
CAPPED SYSTEM
A completed water supply and/or sewerage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.
CAR WASH
A facility for the washing and cleaning of automobiles and other motor vehicles using production line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.
CARPORT
A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.
CARTWAY
The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are not curbs, the cartway is that portion between the edges of the paved, or hard surface, width.
CELLAR
Unless defined as a Crawl Space as set forth hereinbelow, any space partly underground where the Finished Floor Elevation (FFE) is thirty inches (30”) or less. A Cellar shall not be counted as a Story or Half Story.
[Amended 4-17-2023 by Ord. No. 2023-02]
CERTIFICATE OF COMPLETENESS
A certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.
CERTIFICATE OF NONCONFORMANCE
A document issued by the 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. 40:55D-68, may be continued upon the lot or in the building so occupied. Such certificate may be obtained at the owner's request upon any change of ownership for nonconforming use, structure or lot.
CERTIFICATE OF OCCUPANCY
A certificate issued 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. 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.
CHANGE IN USE
a.
Any increase in the number of dwelling units in a structure which would result in three or more total units;
b.
Any change from a residential use to any nonresidential use;
c.
Any change from one nonresidential use to another nonresidential use (excluding changes in tenancy, occupancy or ownership where the use is the same).
CHANNEL
A watercourse with a definite bed and banks which confined and conduct continuously or intermittently flowing water.
CHANNELIZATION
The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.
CHURCH
See "place of worship."
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highway, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
CLUBHOUSE
A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
COASTAL WETLANDS
The coastal wetlands designated by the New Jersey Wetlands Act of 1970.
COMMON DEVELOPMENT LINE
A line within a tract or lot which designates the extent of a proposed development or improvements, separate developments within a single tract, or separate stages of development within the tract. Proposed improvements within a tract or site plan shall be shown for the entire tract, on both sides of any common development line.
COMMON OPEN SPACE
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter, and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq., and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hotels.
COMPLETE APPLICATION
An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter, including an application form completed as specified by this chapter and the rules and regulations of the 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 area 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, and shall be deemed complete as of the day it is so certified by the Administrative Officer for purposes of the commencement of the time period for action by the Municipal Agency.
CONCEPT PLAN
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation or such use as contained in this chapter, and upon the issuance of an authorization thereof by the Municipal Agency.
CONDOMINIUM
An ownership arrangement, not a land use; therefore it is allowed in any zone and under the same restrictions as the residential land uses that it comprises. A condominium shall not negate lot nor other requirements intended to provide adequate light, air, and privacy. A condominium is a dwelling unit which has all of the following characteristic.
a.
The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant;
b.
The unit may be any permitted dwelling type;
c.
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this chapter.
CORNER LOT
A lot at the junction of and abutting two or more intersection streets where the interior angle of intersection does not exceed 135°.
COUNTRY CLUB
A facility for golf, tennis and related recreational uses which may include a club house, restaurant, and incidental lodging for members or guests.
COUNTY MASTER PLAN
A composite of the comprehensive plan or master plan for the physical development of Monmouth County with the accompanying maps, plats, charts, and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COURT OR COURTYARD
An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.
CRAWL SPACE
A shallow unfinished space beneath the first floor, usually containing pipes, ducts, and other utilities, where the ceiling height (measured from the concrete or dirt floor to the bottom of the floor joists) is less than six (6) feet and the Finished Floor Elevation is thirty inches (30”) or less. A Crawl Space shall not be counted as a Story or Half Story.
[Added 4-17-2023 by Ord. No. 2023-02]
CRITICAL AREA
A sediment-producing highly erodible or severely eroded area.
CUL-DE-SAC
A local street with only one outlet and having the other end for the reversal of traffic movement.
CULVERT
A structure designed to convey a water course not incorporated in a closed drainage system under a road or pedestrian walk.
CURB
A vertical or sloping edge of a roadway. See also Belgian block curb," "barrier curb," "mountable curb."
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the front lot line.
CUSHION
Supportive or protective bedding materials placed underneath piping.
DAY CAMP
A licensed, organized and supervised daytime facility used for recreational purposes.
DECORATIVE FLAG
A piece of fabric which is ornamental in nature and has no advertising or business logo.
DEMOLITION
The partial or total razing, dismantling, or destruction, whether entirely or in significant part, of any building, structure, object, or site. "Demolition" includes the removal of a building, structure or object from its site or the removal or destruction of the facade or surface.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.
DETENTION BASIN
A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract or purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use of 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.
DEVELOPMENT PERMIT
A document signed by the Zoning Officer (1) 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.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance, or other Borough regulation of the use and development of land, or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DEVELOPMENT REGULATION
This chapter, official map ordinance, or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DEVELOPMENTALLY DISABLED
Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap, and which is attributable to mental retardation, cerebral palsy, epilepsy, autism, or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.
DIRECTIONAL SIGN
A sign providing no advertising of any kind, which provides direction or instruction to guide persons to facilities intended to serve the public, including but not specifically limited to those signs identifying rest rooms, public walkways, parking areas, and other similar facilities.
DISTRICT
Any part of the territory of the Borough which is designated as a zone on the official zoning map (on file in the Borough Clerk's office) and to which certain uniform regulations and requirements of this chapter apply.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention of alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-1 et seq., State Water Policy Commission.
DRAINAGE SYSTEM
The system through which water flow from the land, including all watercourses, water bodies and wetlands.
DRIVE-IN RESTAURANT
An establishment or business essentially designed so that food is both served to and consumed by patrons while they are parked in vehicles on the premises (regardless of whether or not seating may also be provided at the premises).
[Amended 10-11-2022 by Ord. No. 2022-15]
DRIVE-THROUGH WINDOW
A Drive-Through Window is a window or portal through which patrons may pick up food or beverage orders from an establishment without exiting their vehicle.
[Add 10-11-2022 by Ord. No. 2022-15]
DRIVEWAY
A paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.
DROP MANHOLE
A manhole provided for inspection and maintenance of sewers where an incoming sewer is considerably higher than the outgoing.
DROP PIPE
A vertical pipe used to convey sewage from a higher to a lower elevation.
DWELLING
Any building or portion thereof designed or used exclusively for one or more dwelling units.
DWELLING UNIT
A building or part thereof having cooking, sleeping, and sanitary facilities designed for, or occupied by one family, and which is entirely separated from any other dwelling unit in the building by vertical walls, or horizontal floors, unpierced, except for access to the outside or a common cellar.
DWELLING, MULTIPLE; MULTIPLE DWELLING
A building designed for, or containing three or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to outside or a common cellar.
DWELLING, TWO-FAMILY; TWO-FAMILY DWELLING
A detached building designed for, or containing two dwelling units, which are entirely separated from each other by vertical walls, unpierced, except for access to the outside or a common cellar.
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
EAVE
The lower border of a roof that joins or overhangs the wall.
EDUCATIONAL USE
Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.
ELEEMOSYNARY
The giving of money and/or services to a charitable or philanthropic organization.
ENVIRONMENTAL COMMISSION
The municipal Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL CONSTRAINTS
Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require degradation of the environment, or may require limited development, or in certain instances may preclude development.
ENVIRONMENTAL IMPACT REPORT (EIR)
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. An environmental impact statement meeting the requirements of the N.J.S.A. 13:10-1 et seq., Coastal Area Facility Review Act, and specifically outlined in Section 7 of the rules and regulations promulgated in compliance with the Act will be accepted in lieu of the EIR.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Freehold Soil Conservation District in conformance with N.J.S.A. 40:55-120.
ESCROW
A deed, bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.
ESSENTIAL SERVICES
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, 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. "Essential services" shall not be deemed to include wireless telecommunications towers and antennas.
EXCAVATION OR CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXCAVATION WORK
The excavation, removal, replacement, repair, construction, or other disturbance of any portion of the public improvement 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 required the storage of materials or the operation of equipment within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. "Excavation work" shall also include the construction, addition, installation, or other provision of the whole or portions of the improvements within a public street, drainage right-of-way or other public way or public grounds by persons other than those exempted from the provisions of this chapter including privately sponsored construction of curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements.
EXEMPT DEVELOPMENT
That site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:
a.
Construction, additions, or alterations related to single-family detached or two-family dwellings or their accessory structures on individual lots;
b.
Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive;
c.
Individual applications for accessory mechanical or electrical equipment, whose operation and location conforms to the design and performance standards of this chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required;
d.
Sign(s) installed 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 this chapter;
e.
Interior alterations which do not increase the required number of off-street parking spaces;
f.
Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of subdivision contained within this section.
g.
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 ordinance or as set forth at the time of a previous site plan approval.
h.
Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site.
i.
The construction, alteration of or addition to any off-street parking area which provides an increase of five or less vehicle parking spaces, provided a parking variance is not required.
j.
Where the proposed development, change of occupancy or change of use does not affect or increase circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting, parking requirements or any other considerations of site plan review.
FAMILY
One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
FAMILY DAY CARE HOME
Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three and not more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:
a.
The child being cared for is legally related to the provider; or
b.
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FARM
Any parcel of land, which is used for gain in the raising of agricultural products, livestock or dairy products.
FARM BUILDING
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.
FAST-FOOD RESTAURANT
An establishment or business, which is essentially designed to quickly prepare, package, and dispense to customers for quick or ready consumption, a limited, uniform, or standardized variety of food and beverage products, and where the menu and/or practices of such an establishment or business are generally prescribed by contractual, franchise, or other such agreements, to facilitate rapid service and turnover of customers. Such establishments or businesses may or may not have tables, and the food and beverage products may be sold for consumption inside the building and/or on or off the premises.
[Added 10-11-2022 by Ord. No. 2022-15]
FENCE
A structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier, or boundary.
FENCE PERMIT
A document signed by the Code Enforcement Officer (1) which is required by ordinance as a condition precedent to the construction, reconstruction, alteration, or installation of a fence; and (2) which acknowledges that the fence complies with the provisions of the Borough zoning ordinance or variance, therefrom duly authorized pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70.
FENCE POST
The vertical upright of a fence which provides support and the point of attachment for the rails.
FENCE, OPEN; OPEN FENCE
A fence in which 1/2 of the area, between grade level and the top cross member (wire, wood, or other material), is open.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees property posted for their completion, or approval conditioned upon the posting of such guarantees.
FINISHED FLOOR ELEVATION (FFE)
The measure of height from Average Existing Grade to the surface of the finished floor immediately constructed on the foundation wall or the slab-on-grade. The FFE shall be shown on all Site or Plot Plans submitted to the Borough’s Zoning and/or Construction Departments and, to further establish a point of reference, the Site or Plot Plans shall include the Curb Level elevation. The FFE shall be provided for all new construction and for any renovation or addition that modifies an existing FFE and shall not exceed thirty (30”) inches above Average Existing Grade.
[Added 4-17-2023 by Ord. No. 2023-02]
FINAL PLAT
The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter, and which is approved shall be filed with the proper County office.
FLAT ROOF
A roof having a continuous horizontal surface with a minimal pitch and arranged to be essentially parallel to the floor plane.
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a.
The overflow of inland or tidal waters; and/or
b.
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN
The relatively flat area adjoining any natural or man-made stream, pond, lake, river, or any other body or water which is subject to a 100-year flood.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR
A story of a building.
FLOOR AREA
The sum of the gross horizontal area of all Stories of a Structure as measured from (i) the exterior face of exterior building walls (and also including in the Floor Area calculation, stairwell openings and vaulted ceilings); (ii) the centerline of a common wall separating two buildings, or (iii) where the roof connects to the structure where there are no walls, measured to where there is a minimum height of thirty (30") inches measured from the floor to the bottom of the roof rafters. In residential buildings, Floor Area shall exclude:
a.
The gross horizontal area, or portions thereof, of Stories where there is a height of less than thirty (30") inches measured from the floor to the bottom of the roof rafters.
b.
Attics that qualify as a Half Story (see Attic);
d.
The first floor of Garages; and
e.
The gross horizontal area, or portions thereof, of an unfinished storage area that is constructed immediately above the first floor of a Garage, that is not accessible to a second Story, where the maximum height measured from the Average Existing Grade to the ridge height of the Garage is less than twenty (20') feet.
For clarification, all areas within a Structure where a second story could be constructed to create areas that would qualify as Floor Area pursuant to this definition will be counted as Floor Area regardless of how actually constructed.
[Added 4-17-2023 by Ord. No. 2023-02]
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FLOOR AREA RATIO
The Floor Area compared to the total land area of the lot, expressed as a percentage.
[Amended 4-17-2023 by Ord. No. 2023-02]
FLOOR AREA, SALES; SALES FLOOR 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.
FLUSHING
The cleaning out of debris and sediment from pipes by force of moving liquid, usually water.
FREESTANDING SIGN
A sign not attached to any building but standing on the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts on similar uprights with or without braces.
FRONT BUILDING FACE AREA
The area of the face of a building that is located on the front, as established by street side of the building, is inclusive of all windows and doors, but exclusive of the roof.
FUNERAL HOME OR MORTUARY
A funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home or mortuary shall not be considered a professional office.
GABLE ROOF
A double sloping roof that forms a gable at each end.
GARAGE
A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.
GARAGE, PRIVATE; PRIVATE GARAGE
An enclosed building used as an accessory to the main building which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on.
GARAGE, PUBLIC; PUBLIC GARAGE
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 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.
GAS STATION
The same as "motor vehicle service station."
GENETICALLY ENGINEERED MATERIAL
Any substance which results from the directed alteration of genetic material through intervention in genetic processing including techniques whereby recombinant DNA is produced and made to function as an organism.
GOLF COURSE
An area of 50 or more contiguous acres 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: club house facilities, dining and refreshment facilities, swimming pools, tennis courts, and the like, provided that the operation of such facilities incidental and subordinated to the operation of a golf course.
GOVERNING BODY
The Mayor and Borough Council of the Borough of Fair Haven.
GRADE, AVERAGE EXISTING; AVERAGE EXISTING GRADE
The Average of Existing Grade of a lot as determined prior to any demolition or construction or change in grade based on a survey or plot plan that shows existing spot elevations and/or topography on the lot as taken from a minimum of four (4) corners of the existing principal structure and any accessory structure, or from the locations of the proposed structures, if different.
[Added 4-17-2023 by Ord. No. 2023-02]
GRADE, EXISTING; EXISTING GRADE
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. Should topography of the lot vary, multiple spot elevations should be included on the survey or plot plan to more accurately reflect Existing Grade on the lot.
[Amended 4-17-2023 by Ord. No. 2023-02]
GRADE, FINISHED; FINISHED GRADE
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. This is to be provided on a Final-As-Built Survey following the new development of a property, installation of a pool or other major site development involving any changes in grade.
[Amended 4-17-2023 by Ord. No. 2023-02]
GROUND COVER
Low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.
GROUND SIGN
Any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.
GUTTER
A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
HAZARDOUS MATERIALS
Includes, but is not limited to, inorganic mineral acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials.
HEALTH CARE FACILITY
The facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate bioanalytical laboratory (except as specifically excluded hereunder), or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories as are independently owned and operated, and are not owned, operated, managed, or controlled, in whole or in part, directly or indirectly, by any one or more health care facilities, and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.
HIGH-WATER LINE
For the purposes of this chapter a line showing the upper inland wetlands boundary (a biological "high water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection in accordance with the provisions of The Wetlands Act, N.J.S.A. 13:9A-1 et seq., the line being established from photographs and each of these maps being on file in the office of the County Clerk, Monmouth County, New Jersey.
HOME OCCUPATION
Any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling; and provided, further, that no machinery or equipment used which will cause electrical or other interference with radio and television reception in adjacent residences, or cause offensive noise or vibration. Such activities as automotive repair or body work, clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals, nursery schools, and music or dancing schools other than for individual instruction shall not be deemed home occupations under the terms of this chapter.
HOSPITAL
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, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.
HOUSEHOLD
The person or persons occupying a dwelling unit.
IES
The Illuminating Engineering Society.
ILLUMINATED SIGN
A sign in which an artificial source of light is used in connection with the display of such sign.
IMPERVIOUS SURFACES
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.
IMPROVED PARKING AREA
An area for the temporary location of motor vehicles which has been modified from its natural condition by excavation, fill or structures.
IMPROVED STREET
A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been improved to the standards specified by the Borough Engineer.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.
INTERESTED PARTY
(1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (2) 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.
INTERIOR STREET OR ROAD
A street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.
INTERNAL STREET OR ROAD
A street used for internal vehicular circulation within a tract or development. Major internal streets are those internal streets which have an entrance and/or exit on the access street or right-of-way frontage of the tract. Internal streets may be private and not dedicated or deeded to the public, subject to approval by the Planning Board and by the Municipal Engineer.
ISLAND, IN-STREET DESIGN
A raised area, usually curbed, placed on guide traffic, separate lanes, or used for landscaping, signing, or lighting.
ITE
The Institute of Transportation Engineers.
JETTY
A projection of stone, brick, wood or other material, but generally formed of piles, serving as a protection against the encroachment or assault of the waves and currents.
JUNK OR SALVAGE YARD
The use of any area and/or structure keeping or abandonment of junk, including scrap metal, glass, paper, cordage, or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery, or paths 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 "junk yard" as herein defined includes automobile salvage or wrecking yards.
LAKES AND PONDS
Natural or man-made bodies of water which normally contain or retain water for extended periods. Ponds are bodies of water with a surface area, measured under ten-year storm conditions, of two acres or less. Lakes are bodies of water with a surface greater than two acres, measured under ten-year storm conditions. The shoreline of a lake or pond is measured at the perimeter of the surface of water under ten-year storm conditions, as certified by the applicant's licensed land surveyor, and approved by the Municipal Engineer.
LAND
Any real property including improvements and fixtures on, above or below the surface.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling of land, and any other activity which causes land to be exposed to the danger of erosion.
LANDSCAPE; LANDSCAPING
The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices.
LATERAL SEWERS
Pipes conducting sewage from individual buildings to larger pipes called trunk or interceptor sewers that usually are located in street rights-of-way.
LOADING SPACE
An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space shall have clear means of ingress and egress to a public street at all times.
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage 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 Regulatory Commissioners, under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area. Portions of lots encumbered by easements shall be included in calculating lot area.
LOT COVERAGE
The area of a 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 these regulations, total lot coverage shall include all other impervious surfaces and all parking areas and automobile access driveways and internal roadways, whether covered by an impervious or pervious material.
LOT DEPTH
The shortest distance between the front lot line and a line 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 not be less than 10 feet in length measured between its intersections with the side lot lines.
LOT FRONTAGE
The distance measured on a horizontal plane between the side lot lines measured along the street right-of-way 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 75% of the required minimum lot frontage, except that no lot shall have a frontage of less than 50 feet. Where the lot frontage is so permitted to be reduced, the lot width at the building setback line shall not be less than the required minimum frontage of the zone district. For the purpose of this chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirements.
LOT LINE
Any line designating the extent or boundary of a lot which shall further be defined as follows:
1.
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Front Lot Line. A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
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2.
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Rear Lot Line. The lot line most distant and generally opposite and parallel to the front lot line (for corner lots see subsection 30-7.4b).
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3.
|
Side Lot Line. Any lot line other than a front or rear lot line.
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LOT WIDTH
The distance between the property side lines measured along the front yard setback line. Unless otherwise specified lot width shall equal minimum lot frontage.
LOWER-INCOME HOUSEHOLD
A household whose income is within the current moderate- or low-income limits for the Borough's housing region as established by the New Jersey Council on Affordable Housing.
LOWEST FLOOR
The lowest level (including basement, crawl space and garage) of the lowest enclosed area.
MAINTENANCE BOND
Any security that is acceptable to the Governing Body to assure the maintenance of approved installations by developers.
MAINTENANCE GUARANTEE
Any security which may be accepted by the Borough for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter, including but not limited to surety bonds, letters of credit, under the circumstances specified in N.J.S.A. 40:55d-53.5, and cash.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan or exempt site development.
MANHOLE
An inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.
MANNING EQUATION
A method for calculating the hydraulic capacity of a conduit to convey water.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
MANUFACTURING
The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MARINA
Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats.
MARINE ACTIVITIES
Any facilities or activity associated with fishing or boating, either for sport or for commercial gain.
MASSAGE PARLOR
Any establishment devoted to the providing of massage services to persons not in connection with any medical, osteopathic, chiropractic, prescribed therapeutic or athletic or calisthenic activities.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.
MAYOR
The Mayor of Fair Haven.
MEDIAN
That portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.
MENTALLY ILL PERSON
A person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.
MINOR SITE PLAN
A development plan for one or more lots which is (are) subject to development which:
a.
Requires site plan approval; and
b.
Meets the requirements set forth in Section
30-12 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
c.
Meet the following conditions:
1.
The construction of drainage facilities is not required either on or off site;
2.
New building construction and/or building additions do not exceed 1,000 square feet of gross floor area;
3.
The proposed development does not increase parking requirements by more than five spaces;
4.
The proposed development conforms to the performance standards set forth in Chapter 16.20 of this title;
5.
The proposed development will not require the issuance of a CAFRA permit;
6.
The proposed development does not involve planned development;
7.
The proposed development does not involve any new street or the extension of any existing street;
8.
The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42;
9.
The proposed development does not involve the disturbance of 5,000 square feet or more of ground area;
MINOR SUBDIVISION
A subdivision of land for the creation of not more than two lots plus the remainder of the original lot provided such subdivision does not involve, (1) a planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and provided that the Municipal Agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:
a.
That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area;
b.
That the subdivision does not require the extension of municipal facilities at the expense of the municipality;
c.
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated;
d.
That the subdivision will not adversely affect the development of the remainder of the parcel of the adjoining property;
e.
That the subdivision is not in conflict with any provision or portion of the master plan, official map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval);
f.
That no portion of the lands involved have constituted a part of a minor subdivision within three years preceding the application.
MIXED USE
Two or more different uses, one of which is residential.
MLUL
Municipal Land Use Law.
MOTOR VEHICLE REPAIR GARAGE
A building or portion of a building or land, or portion thereof, which is not primarily devoted to the retail sale of gasoline of new or used automobiles or trucks, in which the overhauling or replacement of automobiles, automobile parts, or any portion thereof, is conducted as a business for profit.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories and which may include facilities for lubricating, washing or servicing of motor vehicles, except that auto body work of any nature and retail sales unrelated to motor vehicle use shall be prohibited.
MULCH
A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.
MULTIFAMILY BUILDING
Any building containing two or more dwelling units, including townhouses within a lot. Dwelling units within multi-family buildings are classified as multi-family dwellings.
MUNICIPAL AGENCY
The Planning Board or Board of Adjustment when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of the ordinance codified in this chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING SIGN
A sign that does not comply with the provisions of this chapter and would have been in existence before the adoption of this chapter.
NONCONFORMING STRUCTURE
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 district in which it is located by reasons of such adoption, revision, or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision, or amendment of the ordinance codified in 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.
NONDESIGNATED SITE
All lots and structures thereon within any historic districts which are not designated historic sites.
NON-POINT-SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agriculture.
NURSERY SCHOOL
A school designed to provide daytime care or three or more children from two to six years of age inclusive, and operated on a regular basis.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OFF-SITE
Located outside the lot lines of the lot in question, but within the property limits (of which the lot is a part) which is the subject of a development application. Off-site areas shall include any contiguous portion of a street or right-of-way.
OFF-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance by the Governing Body pursuant to N.J.S.A. 40:55D-32 et seq.
ON-SITE
Located on the lot in question.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN PORCH OR STEPS
A porch or steps with a fixed roof no larger than six feet wide by four feet deep and with no side walls other than the wall of the structure to which it is attached.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
Any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land which is the subject of a development proposal.
PARKING AREA
An open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements such as curbing, drainage, lighting, and signing.
PARKING AREA, PRIVATE; PRIVATE PARKING AREA
An area, other than a street, intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and not used by the general public.
PARKING AREA, PUBLIC; PUBLIC PARKING AREA
A paved open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free, or as an accommodation of clients or customers.
PARKING SPACE
An off-street space provided for the parking of a motor vehicle exclusive of driveways or access drives, either within a structure or garage or in the open or as may be otherwise defined in this chapter.
PARTY IMMEDIATELY CONCERNED
For purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
PATIO
An area of land not used for receiving and storing material where the grounds have been surfaced with construction material such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.
PEEP SHOW
Any establishment showing to patrons in private or semi-private viewing areas the live or photographic or magnetically recorded depictions of persons engaged in the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.
PERFORMANCE GUARANTEE
Any security, which may be accepted by the municipality, including but not limited to surety bond, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
PERSONAL SERVICES
An act by which skills of one person are utilized for the benefit of another, provided no function involves manufacture, cleaning, repair, storage or distribution of products or goods except for cleaning and repairing of clothing and similar personal accessories.
PERVIOUS SURFACE
Any material that permits full or partial absorption of stormwater into previously unimproved land.
PESTICIDE
Any substance or mixture of substance labeled, designed, or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.
PETROLEUM PRODUCTS
Oil or petroleum of any kind and in any form including crude oils and derivatives of crude oils, whether along, as sludge, oil refuse or oil mixed with other wastes.
PLACE OF WORSHIP
A building or group of buildings, congregations, public worship including cathedrals, chapels, churches, meeting houses, mosques, synagogues, temples, and similarly used buildings, as well as accessory uses such as Sunday schools, social halls, parish houses, and similar type buildings.
PLANNED DEVELOPMENT
Planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARD
The municipal Planning Board established pursuant to N.J.S.A. 40:55D-23. The 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.
PLANNING BOARD ENGINEER
The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the Municipal Engineer (with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Municipal Engineer may assume the duties of the office.
PLAT
A map or maps of subdivision or site plan.
PLAT, FINAL; FINAL PLAT
The map or maps of all or a portion of the development prepared and submitted to the approving authority for final approval. "Final plat" shall also include and be synonymous with the term final site plan.
PLAT, PRELIMINARY; PRELIMINARY PLAT
The plan 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.
PRELIMINARY APPROVAL
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.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scopes, scale, relationship to its site and immediate environs and exterior colors and finishes.
PREMISES
A lot or tract or land or any combination thereof held under a single ownership or control.
PROFESSIONAL OFFICE
The office of a member of a recognized profession, such as, but not necessarily limited to, the office of physicians, dentists, architects, professional engineers, and lawyers.
PROHIBITED USE
That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A. 40:55D-70D would be necessary, in order to provide that use in that particular zone.
PROJECTING SIGN
A sign which is attached to the building wall at a right angle.
PUBLIC AREAS
(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.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Borough, a Municipal Agency, Board of Education, Federal, State, or County agency, or other public body for recreational or conversational uses.
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
QUORUM
The majority of the full authorized membership of a Municipal Agency.
RADIOACTIVE USE
Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.
RECHARGE
The replenishment of underground water reserves.
RECREATION AREA
Facilities and open space areas set aside, designed and/or improved, and used for recreation purposes, and may include, but shall not be limited to, playfields, golf courses, playgrounds, swimming pools, tennis courts, and other court games, tot lots, parks, picnic areas, nature preserves, boating and fishing areas and facilities.
RECREATIONAL VEHICLE
A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land including areas used for streets, easements and/or open space portions of a development.
RESTAURANT
An establishment or business where food and/or beverages are prepared and served or dispensed to patrons and consumed at the establishment and/or taken out and/or delivered for off-premises consumption; but expressly excluding from this definition, however, the following: (a) Fast-Food Restaurants, which is a separately defined use; and (b) Drive-In Restaurants, which is a separately defined use. Further, no Restaurant may contain a Drive-Through Window.
[Amended 10-11-2022 by Ord. No. 2022-15]
RESUBDIVISION
(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 within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument.
RETAINING WALL
A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water runoff.
REVETMENT
A fencing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.
SAND DUNES
Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
SCHOOL
The same as educational use.
SCREEN
A structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
SCS
Soil Conservation Service.
SEAWALL
A wall or embankment to resist encroachment of the sea.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.
SEDIMENTATION
The transport and depositing of solid material by water.
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition of domestic wastes.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage.
SETBACK
The horizontal distance between a building or structure and any front, side or real lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines.
SETBACK, FRONT YARD, PREVAILING; PREVAILING FRONT YARD SETBACK
The minimum required front yard setback for a residential property, which shall be established as the greater of the following:
a.
The minimum required front yard setback otherwise set forth in the zoning schedule for residential uses in the particular zone in which the subject property is located; or
b.
For New Construction only, the average front yard setback calculated from the front property line of all principal structures existing on all properties which properties are (i) located within 200 feet of either side of the subject property, and are also (ii) located on the same side of the street as the subject property, and also (iii) have a front yard facing the same street as the front yard of the subject property; provided, however, that any property that would otherwise be included in the above calculation but which property has a front yard setback that exceeds the remaining average by more than 50% shall be excluded from and not considered in making the above calculation. Further, if the subject property is a corner lot, the average front yard setback shall be calculated to both frontages of that lot separately.
[Added 4-17-2023 by Ord. No. 2023-02]
SEWER
Any pipe conduit used to collect and carry away sewage or stormwater runoff from the generating source to treatment plants or receiving streams.
SHADE TREE
A tree in a public place, street, special easement, or right-of-way adjoining a street.
SHOPPING CENTER
An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and auditoriums, houses in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities and having a minimum total floor area of 20,000 square feet.
SHOULDER
The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.
SIDEWALK AREA
A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.
SIGHT TRIANGLE
The triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two intersecting street lines or the projection of such lines which border a corner property, and by a line connecting a point on each such line located a designated distance from the intersection of the street lines.
SIGN AREA
That are 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 sides (straight lines) geometric shape that most clearly outlines the signs.
SIGN
An identification, description, illustration, or device illuminated or nonilluminated which is visible to the general public and directs attention to a product, service place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting flag, streamer, banner, pennant, or placard design to advertise, identify, or convey information.
SITE
Any plot, parcel or parcels of land.
SITE PLAN
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-37 et seq.
SOIL
All unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.
SOIL CEMENT
A mixture of Portland cement and locally available soil. It serves as a soil stabilizer.
SOIL CONSERVATION DISTRICT
The Freehold Soil Conservation District, a governmental subdivision of the State which was organized in accordance with the provisions of N.J.S.A. 4:24-2 et seq.
SOLID WASTE
Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.
SPECIAL EVENT SIGN
A sign advertising a specific occasion such as, but restricted to, holidays, grand openings, and inventory reduction.
STABILIZED TURF OR EARTH
Turf, or earth (soil), strengthened usually by the mixing of cement or lime with the original material to achieve increase strength, thereby reducing shrinkage and movement.
STANDARDS OF PERFORMANCE
(1) Standards, requirements, rules and regulations adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise levels, glare, airborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke, and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (2) required by applicable Federal or State laws or Municipal Agencies.
STEEP SLOPES
Areas where the average slope exceeds 15% which, because of this slope, are subject to high rates of stormwater runoff and erosion.
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORY
That portion of a building between a floor and ceiling, excluding Cellars and Crawl Spaces. Attics shall be either a Half Story or a Story depending on how constructed (see Attic).
[Amended 4-17-2023 by Ord. No. 2023-02]
STORY, HALF; HALF STORY
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 thirty inches (30") above the floor of such half-story. A Basement shall also be included as a half-story. Attics shall be either a Half Story or a Story depending on how constructed (see Attic).
[Amended 4-17-2023 by Ord. No. 2023-02]
STREAM CORRIDORS
Those areas which include the floodway and permanent channel of brooks and streams.
STREET
Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive, or other way (1) which is an existing State, Country or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and grant to such Board the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET FURNITURE
Man-made aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.
STREET HARDWARE
The mechanical and utility systems within a street right-of-way such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, parking meters and the like.
STREET HIERARCHY
The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.
STREET LINE
The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street; as distinct from a sidewalk line, curbline, or edge-of-pavement line. On a street or highway shown on the adopted master plan of the Borough of Fair Haven, the street line shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the street line shall be assumed to be at a point 25 feet from the center line of the existing pavement.
STREET LOOP; LOOP STREET
A street that has its only ingress and egress at two points on the same subcollector or collector street.
STREET, UNIMPROVED; UNIMPROVED STREET
A street that does not have an all-weather pavement. An unimproved street could be constructed of loose gravel, any type of loose stone, or generally, any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the event that the Construction Official or other Borough Official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such Official shall contact the Borough Engineer for his evaluation and written determination.
STRIPPING
Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBDIVIDER
Any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
SUBDIVISION
The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: (1) divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) division of property upon court order including, but not limited to, judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument, and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the development regulations contained in this chapter for frontage on an improved street, zoning district regulations, and for design standards and improvement specifications; and further provided that each lot, tract, or parcel of land is shown and designated as separate lots, tracts, or parcels of land shown on the official tax map of the Borough. Those adjoining lots, tracts, or parcels of land shown on the official tax map of the Borough which are owned by the same person or persons but which individually do not conform to the zoning district regulations and/or which do not meet the required frontage on an improved street shall be treated under this chapter as a single parcel of land no portion of which may be conveyed without subdivision approval as prescribed by this chapter. The term "subdivision" shall also include the term "resubdivision.
SUBDIVISION AND SITE PLAN COMMITTEE
A committee appointed by the chairperson of the Planning Board for the purpose of reviewing, commenting and making recommendations with respect to subdivision and site plan applications and having the power to approve minor site plans and subdivisions. Only those committee members who are members or alternatives of the Board having jurisdiction to act have the power to vote on a matter involving a minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and N.J.S.A. 40:55D-47.
SUBGRADE
The natural ground lying beneath a road.
SURFACE WATERS
Those waters that fall on land or arise from springs and diffuse themselves over the surface of the ground following no defined course or channel.
SWIMMING POOL, COMMERCIAL; COMMERCIAL SWIMMING POOL
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.
SWIMMING POOL, PRIVATE; PRIVATE SWIMMING POOL
A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and the pool is utilized with no admission charges and not for the purpose of profit.
TELECOMMUTING
A work arrangement for performing work electronically from a dwelling solely by a member of the household.
TEMPORARY SIGN
A nonpermanent sign erected, affixed, or maintained on a premises for a short, usually fixed, period of time.
TIDELANDS
Lands which are washed by tidal flows in accordance with the NJDEP Tideland Council maps which are on file with the NJDEP and Borough Clerk.
TOPSOIL
The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.
TRACT
An area of land consisting of one or more contiguous lots under single ownership or control, used for development or for a common purpose. Tract interchangeable with the words, development area, site and property.
TRANSCRIPT
A typed or printed verbatim record, or reproduction thereof, of the proceedings of the Municipal Agency.
TRIP
A single or one-way vehicle movement to or from the property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.
ULI
Urban Land Institute.
USE
The specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
UTILITIES
Essential services including, but not limited to sewers, water, electricity, gas, and telephone, regulated by the State of New Jersey or by the Federal government.
VARIANCE
Permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, and N.J.S.A. 40:55D-70c and 70d.
VIEW OR PUBLIC VIEW
The view by the public of a building, structure, object, or site from any point on a street or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.
WALL SIGN
A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by.
WAREHOUSE
Any structure designed for or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini, or other form of commercial warehouse activities.
WATERCOURSE
Channel or canal for the conveyance of water, particularly drainage lands.
WETLANDS (NONTIDAL OR FRESHWATER)
An area regulated by the New Jersey Freshwater Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
WETLANDS (TIDAL)
Areas known as marshes, swamps or other lowland subject to tidal action or any area now or formerly connected to tidal waters, whose surface is at or below an elevation of one foot above local extreme high water and of which vegetation unique to tidal marshes, swamps or lowlands has become adopted. This definition shall include, but is not limited to, all the mapped New Jersey State wetlands.
WINDOW SIGN
A sign painted onto the interior of a window or door of a building which is intended for viewing from the exterior of such building.
WOODED AREAS
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.
YARD
The space which lies between a building or structure and a lot line. A yard is to be unoccupied and unobstructed from the ground upward except as herein permitted. Yards will be identified as either front yard, side yard or rear yard.
YARD, FRONT; FRONT YARD
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building or structure. The depth of the front yard shall be measured at right angles to the front line of the lot.
YARD, REAR; REAR YARD
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a building or structure. The depth of a rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.
YARD, SIDE; SIDE YARD
A yard between the side line of the lot and the nearest line of a building or structure and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONE
The same as district.
ZONING OFFICIAL
The municipal official designated to enforce the provisions of this chapter.
[Added 4-12-2021 by Ord. No. 2021-03]
For purposes of this section, the following terms, phrases, words and derivations shall have the meanings stated herein unless their use in the text of this Section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP Means the map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
COMMUNITY BASIN Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this Section.
COMPACTION Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY Means an agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
a. A county planning agency; or
b. A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT Means the Department of Environmental Protection.
DESIGN ENGINEER Means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, 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 is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. For development of agricultural land, development means: any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
DISTURBANCE Means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA Means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS Means neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA Means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA Means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE Means a stormwater management measure that manages stormwater close to its source by:
a. Treating stormwater runoff through infiltration into subsoil;
b. Treating stormwater runoff through filtration by vegetation or soil; or
c. Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14 Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY Means one or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
MAJOR DEVELOPMENT Means an individual "development," as well as multiple developments that individually or collectively result in:
a. The disturbance of one or more acres of land since February 2, 2004;
b. The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004;
c. The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021; or
d. A combination of 2 and 3 above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development." |
MOTOR VEHICLE Means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE Means any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this Section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this Section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this Section, provided the design engineer demonstrates to the municipality, in accordance with Section IV.F. of this Section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this Section.
NODE Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON Means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
POLLUTANT Means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE Means any of the following, alone or in combination:
a. A net increase of impervious surface;
b. The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
c. The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
d. The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE Means any of the following, alone or in combination:
a. The total area of motor vehicle surface that is currently receiving water;
b. A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
SEDIMENT Means solid material, mineral or 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.
SITE Means the lot or lots upon which a major development is to occur or has occurred.
SOIL Means all unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER Means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP Means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE Means any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA Means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
STORMWATER RUNOFF Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA Means a flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
URBAN ENTERPRISE ZONES Means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.
URBAN REDEVELOPMENT AREA Previously developed portions of areas:
a. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
b. Designated as CAFRA Centers, Cores or Nodes;
c. Designated as Urban Enterprise Zones; and
d. Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE Means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE Means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND Means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.