[Ord. No. 465 § 1.1]
This chapter may be cited and referred to as "The Land Use Regulations
of the Borough of Mantoloking."
[Ord. No. 465 § 1.2]
The purpose of this chapter is to provide the inhabitants of
Mantoloking with a clear manuscript of the laws and regulations regarding
land use. The intent is for the municipality to promote public health,
safety, and general welfare. This chapter is also intended to aid
in: securing safety from fire, flood, panic and other natural and
man-made disasters; providing adequate light, air and open space;
ensuring that the development of individual municipalities does not
conflict with the development and general welfare of neighboring municipalities,
the County and the State as a whole; promoting the establishment of
appropriate population densities and concentrations that will contribute
to the well-being of persons, neighborhoods, communities and regions
and preservation of the environment; encouraging the appropriate expenditure
of public funds by the coordination of public development with land
use policies; providing sufficient space in appropriate locations
for a variety of residential, recreational, commercial uses and open
space, both public and private, according to their respective environmental
requirements, in order to meet the needs of all New Jersey citizens;
encouraging the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight;
promoting a desirable visual environment through creative development
techniques and good civic design and arrangements; promoting the conservation
and development of historic sites and districts, open space, energy
resources and valuable natural resources in the State and preventing
urban sprawl and degradation of the environment through proper use
of land; encouraging coordination of the various public and private
procedures and activities shaping land development with a view to
lessening the cost of such development and to the more efficient use
of land; promoting utilization of renewable energy sources; and promoting
the maximum practicable recovery and recycling of recyclable materials
from municipal solid waste through the use of planning practices designed
to incorporate the State Recycling Plan goals and to complement municipal
recycling programs.
[Ord. No. 465 § 2.1; Ord. No. 470 § 2.1]
For the purpose of this chapter, certain words or phrases shall
be interpreted in the following manner:
a.
Words used in the present tense include the future tense.
b.
Words used in the singular include the plural, and conversely words
in the plural include the singular.
c.
The word "applicant" includes the word "developer;" the word "lot"
includes the word "plot"; the word "occupied" includes the phrase
"intended to be occupied"; the word "person" includes a corporation
as well as an individual; the word "use" includes the phrase "intended
to be used";
d.
The word "shall" is mandatory and not discretionary.
e.
The word "abut" shall include the words "directly across from," "adjacent"
and "next to."
f.
The word "demonstrate" means to provide such visual, written or oral
information as will enable the designated reviewing agency or board
to ascertain the scope of and nature of a proposed use or operation,
and to render an informed opinion or decision thereon.
[Ord. No. 465 § 2.2; Ord. No. 470 § 2.2; Ord. No. 499 § 2; Ord.
No. 521 § 1; Ord. No.
557 § 1; Ord. No. 560 § 1; Ord. No. 578 § 1; Ord. No. 2013-617 § 1; Ord. No. 2013-633 § 2; Ord. No. 660-2016; Ord. No. 669-2017 § 1; Ord. No. 691-2019. Additional amendments
noted where applicable.]
As used in this chapter:
The traveled way by which vehicles enter and depart parking
spaces.
A path or passage providing a means of approach or entrance
to a lot.
A building or structure subordinate to and customarily incidental
to the principal building or structure on the same lot. Where an accessory
building is attached to the principal building, the accessory building
shall be considered a part of the principal building. The detached
structure may not become attached to the principal dwelling unless
it conforms to the principal building setbacks and coverage requirements.
Accessory buildings in “V” zone areas as defined on the
Borough’s Flood Insurance Rate Map (FIRM), with the exception
of garages, may be constructed below the Base Flood Elevation provided
that they meet FEMA Technical Bulletin 5(2020), or the latest amended
or revised version. Garages shall also be defined as accessory structures
and when constructed in a “V” zone, shall comply with
guidelines established in FEMA Technical Bulletin 9-08, or the latest
amended or revised version.
[Ord. No. 660-2016; amended 4-20-2021 by Ord. No. 719]
See definition for "Accessory Detached Building" above.
A subordinate use of a building, the purpose of which is
customary and incidental to that of a main use or building on the
same lot(s), other than for living space.
The Land Use Officer of the Borough of Mantoloking.
Applied to a structure, means one of the following:
An individual or any other legal entity submitting an application
for development.
The application form and all accompanying documents required
by Ordinance for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
Planning Board of the Borough of Mantoloking.
Plans or surveys indicating the precise description and location
of all completed improvements to a parcel of land.
A platform that projects from the wall of a building and
is bordered by a railing, balustrade or parapet.
A boat lift is a mechanical device which is utilized to elevate
a boat (of any nature or type) and to store it above the water. A
davit is a mechanical device utilized to elevate a boat (of any nature
or type) and to deposit it on land or a fixed structure. This definition
shall be construed to include any and all devices or structures utilized
to elevate or lower boats from or into abutting waters. See Subsection
30-6.11b8.
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 limit continuously the view of and/or sound
from the site to adjacent sites or properties.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The area of a lot within the front, rear and side setback
lines within which a building may be placed.
The vertical distance measured from the highest point of the building, excepting ordinary projections of chimneys and vent pipes, to the grade of the crown of the abutting road at the center of the lot in question. See Subsection 30-6.12.
The front, rear, and side setback lines comprising the building
envelope beyond which a structure shall not extend unless otherwise
provided in this chapter.
A document signed by the Borough Construction Official, issued
in accordance with the Uniform Construction Code, N.J.A.C. 5:23-1.1,
which, together with the issuance of a zoning permit, authorizes the
commencement of construction of a building or structure.
That line as set forth on the Riparian Atlas Sheets, New
Jersey Department of Environmental Protection, pictorially shown on
the municipal tax maps but subject to specific land surveys for proper
location.
A wooden structure, without side walls or roof, attached
to the bulkhead and which has an elevation of no more than three (3)
inches higher than the top of the bulkhead, which shall not be greater
than eight (8) inches over existing grade at the bulkhead.
N.J.S.A. 13:19-1 et seq., which seeks to preserve the environment
of New Jersey coastal areas by regulating development and certain
uses within such coastal areas.
A governmental acquisition of real property or major construction
project.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
A level wholly or partly underground and having more than
one-half (1/2) of its clear height below the average level of the
adjoining ground. The one half (1/2) criteria shall be determined
as an average of the cellar heights at all sides of the structure.
No portion of a cellar shall be constructed or utilized for habitation.
A document issued by the Borough Land Use Officer indicating
that an application for development is complete.
A document issued by the Borough Land Use Officer, issued
upon completion of construction and/or alteration of any building
or the change in occupancy of a building, indicating that the building
and/or use complies with all provisions of this chapter and all requirements
of the Planning Board.
A document issued by the Construction Official upon completion
of construction and/or alteration of any building or the change in
occupancy of a commercial or industrial building.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, waterways, towers, airways, pipes and conduits, and the
handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
The actual start of construction, repair, reconstruction,
placement, or other improvement. The actual start means either the
first placement of permanent construction of a structure on a site
such as the pouring of a slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation.
Permanent construction does not include land preparation, such as
clearing, grading and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a cellar,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. The time limitations of the Uniform
Construction Code shall apply to construction commenced pursuant to
the issuance of a building permit.
The administrator of the Uniform Construction Code of the
Borough of Mantoloking.
A lot fronting on two (2) or more streets at their intersection.
A composite of the Master Plan for the physical development
of Ocean County with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board pursuant
to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of Ocean County.
Such facilities as are so designated in the National Flood
Insurance Program, Section 130 or amendments thereto.
A stone, concrete or other improved boundary marking the
edge of the roadway or paved area.
Calendar days.
An open floor-like structure, without side walls or roof and with open joints between deck planking. Deck area shall include stairs, walkways, entrance porches, platforms and like structures of similar construction. See Subsection 30-4.9. See also Chapter 11, Protection of Beaches and Dunes, re: permissible dune platforms and specifications thereof.
The permitted number of dwelling units per gross area of
land to be developed.
The division of a parcel of land into two (2) or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, and
any use or change in the use of any building or other structure, or
land or extension of use of land, for which permission may be required
pursuant to this chapter or other Ordinances of the Borough.
Written evidence of the approval of the Planning Board for
a subdivision, site plan, zoning variance, or other application for
land use.
A zoning or subdivision ordinance, site plan ordinance, official
map ordinance or other regulation for the use and development of land,
or amendment thereto adopted and filed pursuant to Chapter 291, Laws
of the State of New Jersey, 1975 (N.J.S.A. 40:55D-1 et seq.; also
known as the Municipal Land Use Law) as amended and supplemented.
A structure which projects through a sloping roof and which
has side walls and does not extend beyond the lowest edge of the sloping
roof. A dormer shall be further defined, graphically, as presented
in "Architectural Graphic Standards", American Institute of Architects,
latest edition.
The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding. See Subsection 30-4.3, Surface Water Management.
The lands required for the installation of storm water sewers
providing for the flow of water therein to safeguard the public against
flood damage.
A defined paved or unpaved surface providing vehicular access
to a street. A driveway is not a road, street, boulevard, highway
or parkway.
The area between the seaward edge of the dune and the landward
edge of the dune. The seaward edge of the dune is the intersection
line of the foreslope of the dune and the gradient of the beach area,
or the contour line at an elevation of nine (9) feet above mean high
water, or the vegetation line, or the upper driftline, whichever is
the more easterly, except when the Borough Engineer may have caused
stakes to be driven to mark the seaward edge of the dune, in which
case it is the line between such stakes. The landward edge of the
dune is the intersection line of the backslope of the dune and the
grade of the land extending from the east boundary of New Jersey Route
35 or East Avenue eastwardly, or the line joining the average landward
edge of the dune of the adjoining oceanfront properties, or a line
parallel to and sixty (60) feet west of the seaward edge of the dune,
whichever is the more westerly.
A common line shown on the Tax Maps of the Borough that is
between a buildable lot and the OS Lot.
[Ord. No. 2013-617]
Any building or portion thereof designed or used exclusively
for one (1) or more dwelling units.
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one (1) 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, SINGLE-FAMILYA building designed for or containing one (1) dwelling unit.
DWELLING, TWO-FAMILYA building designed for or containing two (2) dwelling units which are entirely separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or a common cellar.
The right of the Borough, County, State, or other public
or quasi-public agency or their agents, servants and employees to
use the land subject to the "easement" for the purposes specified
on the plat or in the document granting the "easement."
An unroofed open area attached to or part of the entrance
to a building.
A structure of wood or other materials, formed in the shape
of an arch.
The detachment and movement of soil, sand or rock fragments
by water, wind, ice or gravity.
Underground gas, electrical, telephone, telegraph, or water
transmission or distribution systems, including mains, drains, sanitary
sewers, pipes, conduits and cables; and including normal aboveground
appurtenances, such as fire alarm boxes, police call boxes, light
standards, poles, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by public utilities and municipal
and other governmental agencies and for the public health, safety,
and general welfare of the inhabitants of Mantoloking.
A permitted departure from certain requirements for site
plan and design approval.
One (1) or more persons living together as a bona fide single
non-profit housekeeping unit as distinguished from a commercial residence,
non-familial institutional use, boarding house, rooming house, fraternity,
sorority, club, hotel or an assemblage of persons organized and existing
principally to share the expense of occupancy.
A combination of materials forming an enclosure, or portion
thereof, of an open area and designed to prevent straying from within
or intrusion from without the enclosure or to provide a visual barrier.
The official action of the Planning Board taken on a preliminarily
approved site plan or subdivision after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of a site plan or subdivision
which is submitted to the Planning Board for final approval in accordance
with the provisions set forth in this chapter, and which, if approved,
shall be filed with the proper County Recording Officer.
The Borough of Mantoloking is within a Flood Hazard Area as indicated on the official Flood Insurance Rate Maps (FIRM) of the Borough of Mantoloking, Ocean County, New Jersey, most recently issued and approved by the National Flood Insurance Program, Federal Emergency Management Agency, as the same may, from time to time, be amended by the National Flood Insurance Program in accordance with the procedure provided by law. See Chapter 23, Flood Damage Prevention.
The total enclosed floor area of a building used for residential
purposes or for business or commercial activities which, in the case
of the latter, include customer facilities, showcase facilities, storage
and sale facilities.
[Deleted by Ord. No. 660-2016]
A curb roof of the same section in all parts with a lower
steeper slope and an upper flatter one.
An enclosed building used as an accessory to the main building which provides for storage of motor vehicles and other items. A garage may not be constructed or utilized for habitation. Garages are accessory structures and shall be constructed to comply with FEMA standards. In a "V" zone area as delineated on the Borough's Flood Insurance Rate Map, construction of garages shall be consistent with FEMA guidelines as described in FEMA Technical Bulletin 9-99 for flood resistance and impacts, and as further described in this chapter as Subsections 30-4.2j and 30-4.3 et seq.
The Mayor and Council of the Borough of Mantoloking.
The elevation of the surface of lawns, walks and roads brought
to grade as shown on official plans or designs related thereto, or
already in existence.
[Deleted by Ord. No. 660-2016]
A floor of the dwelling that is code compliant at the time
of construction. It could include living space, mechanical spaces
or rooms, elevators, laundry rooms, hallways and the like. A covered
porch is included as part of the habitable floor. Open uncovered decks,
exterior stairs, and exterior landings are not included in the habitable
floor calculations. If parking is not integrated underneath the first
habitable floor, an attached garage must be two (2) stories tall for
it to be considered part of the first habitable floor. The second
story of an attached garage may be utilized for habitation.
[Ord. No. 660-2016]
The act of using a dwelling for living, sleeping, eating,
and cooking, all under one contiguous roof. A dwelling used for habitation
shall have facilities necessary for all such purposes. Cellars, unimproved
attic space, and garages may not be used for habitation.
The space under a sloping roof above the second habitable
story where the floor area of (finished living space) with headroom
of seven (7) feet or more occupies less than thirty-three and one-third
(33 1/3%) percent of the floor area of the second story below.
This definition shall be consistent with the current definition for
a "habitable attic" as contained in the UCC (Uniform Construction
Code) requirements.
[Ord. No. 2013-633]
That portion of a lot which is covered by impenetrable or
impermeable material, including but not limited to any type of cement,
asphalt, bricks, pavers or similar materials which will impede or
limit the penetration of water to the substrata. Gravel, crushed stone,
lawns or other vegetation shall not be deemed impermeable. Pavers
set in sand or fine stone shall be calculated at eighty (80%) percent
for lot coverage purposes.
The maximum lot area which may be covered by buildings, structures, areas under roofs, awnings [as defined in Subsection 30-6.8b1(d)] or eaves, decks, swimming pools, or impervious areas. The total impervious coverage for all lots in all zones is forty-five (45%) percent. See Subsection 30-6.7, Lot Area, and Subsection 30-6.8c for calculation of total impervious coverage in all zones.
[Ord. No. 660-2016]
(a) In a criminal or quasi-criminal proceeding, any citizen
of the State of New Jersey; and (b) in the case of a civil proceeding
in any court or in administrative proceeding before the Borough of
Mantoloking Planning Board or Borough Council, any person, whether
residing within or without the municipality, whose right to use, acquire
or enjoy property is or may be affected by any action taken under
this chapter or whose rights to use, acquire, or enjoy property under
this chapter or under any other law of this State or the United States
have been denied, violated or infringed by an action or a failure
to act under this chapter.
Real property which includes improvements and fixtures on,
above or below the surface.
The duly appointed Administrative Officer of the Borough
of Mantoloking.
An area of a floor near the top or bottom step or a stair.
An intermediate landing is a small platform that is built as part
of the stair between the main floor levels and is typically used to
allow stairs to change directions, or to allow the user to rest. A
landing is limited to approximately the width of the stairs by approximately
the same dimension for the depth of the landing. Any "landing platform"
that would be greater than one (1) foot more than the width of the
stairs would be considered to be a "deck" in accordance with the definitions
contained in this chapter. See illustration attached.
[Ord. No. 669-2017 § 1]
 |
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.
The acreage or square footage of a lot contained within the
lot lines of the property.
See Subsection 30-6.8b and Appendix B for calculation of lot coverage by zone.
[Deleted by Ord. No. 660-2016]
The average horizontal distance between the front and rear
lot lines.
The horizontal distance of lot lines or portions thereof
which are coexistent with a street line. In the case of a street of
undefined width, the lot lines shall be assumed to parallel the center
line of the street at a distance of fifty (50%) percent of the statutory
street right-of-way width.
Any line designating the extent or boundary of a lot which
shall be further defined as follows:
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line or a line defined in the definition of Yard, Front.
REAR LOT LINEThe lot line most distant and generally opposite the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The shortest distance between the side lines measured through
the midpoint of a line parallel to the front line or street line located
at a distance from the street line (or front lot line) equal to one-half
(1/2) the required lot depth or one-half (1/2) the actual lot depth;
whichever is less. On corner lots, one (1) front lot line shall be
considered a side lot line for the purpose of determining lot width
and setbacks.
Any security which may be accepted by the Borough for the
maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
A composite of one (1) or more written or graphic proposals
for the development of the Borough, as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
The line found by the intersection of a plane at the elevation
of Mean High Water with the existing slope of the beach.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.
The Borough of Mantoloking.
A person who is domiciled in the municipality.
New Jersey Administrative Code.
New Jersey Statutes Annotated.
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Land Use Ordinance, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption, revision or amendment. See Subsection 30-8.2.
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Land Use Ordinance, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption, revision or amendment. See Subsection 30-6.5 and 30-8.2.
A use or activity which was lawful prior to the adoption, revision or amendment of a Land Use Ordinance, but which fails to conform to the requirements of the zone in which it is located by reason of such adoption, revision or amendment. See Subsection 30-6.5.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Ocean County pursuant to N.J.S.A. 40:27-5, as amended
and supplemented.
A map adopted by Ordinance pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq., as amended and supplemented.
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development application or the closest half (1/2) of the street
or right-of-way abutting the property of which the lot is a part.
A storage area for a motor vehicle that is directly accessible
to an access aisle and that is not located within a dedicated street
right-of-way.
Not located on the property which is the subject of a development
application nor on the closest half (1/2) of the abutting street or
right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property which is the subject of a development
application or on the closest half (1/2) of an abutting street or
right-of-way.
An individual, firm, association, syndicate, copartnership,
corporation, trust or other entity having sufficient legal or equitable
interest in a parcel of land to commence and maintain proceedings
for development or subdivision under the provisions of this chapter.
An off-street space provided for the parking of a motor vehicle
with an area of nine (9) feet wide and eighteen (18) feet long, excluding
abutting or adjacent passageways and driveways.
The demolition or destruction of a structure (regardless
of whether the act was intentional or inadvertent) which results in
no less than two (2) complete walls and a foundation remaining.
[Ord. No. 660-2016]
Any security which may be accepted by the Borough of Mantoloking,
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.
The combined Planning and Zoning Board of Adjustment of Mantoloking
Borough.
A map or maps of a site plan or subdivision.
A structure that is attached to a building and extends from
the walls of the dwelling. It may be enclosed, but must have a roof
and/or ceiling and floor.
[Ord. No. 660-2016]
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Land Use Officer or the Planning Board
and the applicant.
Architectural drawings prepared early in order to delineate
the introductory stages of the design of a project illustrating in
a schematic form, its scope, scale and relationship to the site and
immediate surroundings.
The preliminary map indicating the proposed layout of the
site plan or subdivision which is submitted for consideration by the
Land Use Officer or the Planning Board for the purpose of receiving
tentative approval and meeting the requirements of this chapter.
The primary or main purpose for which a building lot is being
utilized.
The office of a member of a recognized profession which shall
include, but is not limited to, the offices of doctors or physicians,
dentists, optometrists, ministers, architects, professional engineers,
land surveyors, lawyers, artists, authors, and real estate brokers.
Public areas shall include:
The land reserved or dedicated for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
The majority of the fully authorized membership of the Planning
Board of the Borough of Mantoloking.
Lands covered or traversed by flowing tidal waters.
Rainfall or other accumulations of water that are not absorbed
directly by soil or sand.
Any signal receiving device (dish antenna or dish type antenna),
the purpose of which is to receive communication or other signals
from a satellite in the earth's orbit and/or other extraterrestrial
sources. Satellite dish antenna also refers to "ground stations" and
"earth stations" and includes accompanying apparatus including, but
not limited to, a grounding rod and coaxial cable.
[Deleted by Ord. No. 2013-617]
Any dense grouping of trees or shrubbery for the purpose of providing a continuous view obstruction within a site or property. The type of vegetation to be used in screening shall be at the discretion of the Land Use Officer. See Subsection 30-4.6.
The deposition of soil and sand that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
The line beyond which the building envelope shall not extend.
A way for carrying pedestrian traffic.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public agency.
Any construction work on, or improvement in connection with,
residential development limited to streets, roads, parking facilities,
sidewalks, drainage structures, and utilities.
A development plan of one (1) or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways;
The location of all existing and proposed buildings, decks,
pools, fences, drives, parking spaces, walkways, means of ingress
and egress, drainage facilities, utility services, landscaping, structures
and signs, lighting and screening devices;
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board adopted pursuant
to N.J.S.A. 40:55D-1 et seq.
The sketch map of a site plan or subdivision of sufficient
accuracy to be used for the purpose of discussion and classification,
meeting the requirements of this chapter.
A sign which is tacked, nailed, posted, pasted, glued, painted
or otherwise applied or attached to trees or other natural features,
poles, stakes, fences, vehicles, trailers or to other objects with
the message appearing thereon not applicable to the present use of
the premises or structures upon which such sign is located.
The standards adopted by this chapter pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) as amended and supplemented,
regulating noise levels, glare, earthborne or sonic vibrations, heat,
noxious odors, electronic or atomic radiation, 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 Borough; or
The standards required by applicable Federal or State Laws or
Regulations or Borough ordinances.
A structure to provide access to the first floor level of a dwelling or deck or stair platform. (See calculation of Lot Coverage (30-6.8) and Appendix B, and Lot Coverage, Total (Subsection 30-6.8(c)). Appendix B is included as an attachment to this chapter.
[Ord. No. 2013-617]
An open area attached to or part of the entrance to a building which may or may not include steps. See Subsection 30-6.9.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. A cellar shall not be considered a story.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing State, County or municipal roadway; or
Is shown upon a plat heretofore approved pursuant to law; or
Is approved by official action as provided by N.J.S.A. 40:55D-1
et seq.; or
Is shown on a plat duly filed and recorded in the Office of
the County Recording Officer prior to the formation of a Planning
Board and the grant to such Board as well as a grant of power to such
Board for the purpose of reviewing 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.
The line determining the limit between the highway rights
of the public and adjoining private property.
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.
The division of a lot, tract or parcel of land into two (2)
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
Conveyance of one (1) 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 Land Use Officer to conform to the requirements
of the Borough development regulations and are shown and designated
as separate lots, tracts or parcels on the tax map of the Borough.
Structural and nonstructural control of surface water runoff
and nonpoint pollution.
A structure erected on a property as an accessory to a residential
building on the same lot therewith, and providing recreational facilities
for swimming or wading for the use of the persons residing on the
premises and their non-paying guests.
Any man-made surface, product, material or combination thereof
produced and used as an artificial substitute for permanent ground
cover.
[Ord. No. 691-2019]
A collapsible shelter of fabric, flexible sheeting or film,
stretched and supported by poles and/or ropes or cables; used as a
temporary building.
See Impervious Coverage, Total.
[Ord. No. 660-2016]
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The specific purpose for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
Permission to depart from the literal requirements of this
section.
The distance between the finished first floor level to the
roof ridge line.
[Ord. No. 2013-617]
A paved (whether by pavers, concrete, stone or other paving
materials) or wooden structure that is no more than five (5) feet
wide and is used for pedestrian access.
A railed observation platform atop a house.
A wireless communications facility or "cell site" consisting
of radio antennae and related equipment for the purpose of providing
service to wireless communications customers.
An open space, as may be required by this chapter, on the
same lot with a building, or a group of buildings, erected thereon,
which lies between the building or group of buildings and the nearest
lot line, and is unoccupied and unobstructed from the ground upward,
except as herein permitted.
A yard extending across the full width of the lot and lying
between the street line, dune reference line/seawall line or bulkhead
line (as defined herein), as applicable, of the lot in question and
the nearest wall or part of the building. The depth of the front yards
shall be measured at right angles to the applicable street line, dune
reference line/seawall line or bulkhead line as the case may be. The
minimum front yard depth of all lots abutting the Atlantic Ocean shall
be sixty (60) feet westwardly from that line designated dune reference
line/seawall line on the Tax Maps of the Borough. In the case of all
lots abutting on Barnegat Bay, or on the north and south lagoons,
the front yard shall be the area between any building thereon and
the bulkhead. In those cases where there is an existing bulkhead on
lots adjacent to a property without a bulkhead, the bulkhead line
shall be construed as a line in line with the adjacent existing bulkheads.
In the case of all other lots, the front yard shall be the area between
any building thereon and the street line. If a lot abuts on more than
one (1) street, the front yard shall be the area between any building
and the street which runs generally north and south. If a lot abuts
Route 35 and either East Avenue, Barnegat Lane, Bay Avenue or Runyon
Lane, the front yard of such lot shall be the area between any building
on the lot and the Borough Street.
[Ord. No. 2013-617]
A yard extending the full width of the lot between the extreme
rear line of the principal building and the rear lot line.
An open unoccupied space between the side line of the lot
and the nearest wall of the building. The width of a side yard shall
be measured perpendicular to the side line of the lot. In cases where
the lot abuts on either the Atlantic Ocean, Barnegat Bay or the north
and south lagoons, and a street which runs generally east and west,
the side yard shall be the area between any building and such street.
A document signed by the Land Use Officer which:
Is required by chapter as a condition precedent of the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building; and
Acknowledges that such use, structure or building complies with
the provisions of this chapter or is a duly authorized variance.
|
[Note that no erection, construction, reconstruction, alteration,
conversion or installation of a structure or building may commence
without the issuance of a building permit as well as a zoning permit.]
|
[Ord. No. 465 § 2.3; Ord. No. 470 § 2.3; Ord. No. 544 § 1]
All appendices to this chapter, including all amendments thereto,
are hereby incorporated by reference and are made a part of this chapter.
[Ord. No. 465 § 3.1]
In accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., the Borough of Mantoloking, being a Borough with a population
of less than fifteen thousand (15,000) people, has instituted a nine
(9) member Planning Board to exercise, to the same extent and subject
to the same restrictions, all the powers of a Board of Adjustment.
[Ord. No. 465 § 3.2]
a.
Establishment. The Planning Board of the Borough of Mantoloking shall
consist of nine (9) members which for convenience in designating the
manner of appointment, shall have the four (4) following classes:
Class I – The Mayor of the Borough of Mantoloking, or
the Mayor's designee in the absence of the Mayor;
Class II – One of the officials of the municipality other
than a member of the Borough Council, to be appointed by the Mayor;
Class III – A member of the Borough Council, to be appointed
by it; and
Class IV – Six (6) other citizens of the Borough of Mantoloking,
to be appointed by the Mayor. The members of Class IV shall hold no
other municipal office, position or employment except that one (1)
member may also hold a seat on the Board of Education.
All members of the Planning Board of the Borough of Mantoloking
shall be municipal residents.
b.
Terms.
1.
The term of the member composing Class I shall correspond with his
or her official tenure. The terms of the members composing Class II
and Class III shall be for one (1) year or terminate at the completion
of their respective terms of office, whichever occurs first.
2.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that to the greatest practicable extent
the expiration of such terms shall be evenly distributed over the
first four (4) years after their appointments as determined by resolution
of the Borough Council; provided, however, that no term of any member
shall exceed four (4) years, and further provided that nothing herein
shall affect the terms of any present members of the Planning Board,
all of whom shall continue in office until the completion of the terms
for which they were appointed, according to applicable law. All terms
shall run from January 1 of the year after which the appointment was
made. There shall be no limit to the number of terms a member may
serve.
c.
Alternate Members. Alternate members of the Planning Board shall
be appointed by the Mayor and shall meet the qualifications for Class
IV members of nine (9) member Planning Boards. The Mayor may, in the
exercise of his or her discretion, appoint up to four (4) alternate
members of the Planning Board. Alternate members shall be designated
at the time of appointment by the Mayor as "Alternate No. 1", "Alternate
No. 2", etc. The terms of the alternate members shall be for two (2)
years, except that the terms of the alternate members shall be such
that the term of not more than one (1) alternate member shall expire
in any one (1) year; provided, however, that in no instance shall
the terms of the alternate members first appointed exceed two (2)
years. A vacancy occurring otherwise than by expiration of term shall
be filled by the Mayor for the unexpired term only. Alternate members
of the Planning Board of the Borough of Mantoloking shall be municipal
residents.
No alternate member shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest. An alternate member may, after public hearing
if he or she requests one, be removed by the Borough Council for cause.
Alternate members may participate in all matters but may not
vote except in the absence or disqualification of a regular member
of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote. Participation of alternate members shall not be
deemed to increase the size of the Planning Board.
d.
Conflicts. No member of the Planning Board shall be permitted to
act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. In the event that the Planning
Board shall lack a quorum of members eligible to act upon an application
because of either direct or indirect personal or financial interest
therein, alternate members of the Planning Board will be called upon
according to number.
e.
Vacancies. If a vacancy of any class shall occur in a manner other than by expiration of term, it shall be filled by appointment, as provided in Subsection 30-3.2a, for the unexpired term.
f.
Removal. Any member other than a Class I member, after a public hearing
if he or she requests one, may be removed by the Borough Council for
cause.
g.
Advisory Committee. The Mayor may appoint one (1) or more persons
as a Citizens' Advisory Committee to assist or collaborate with the
Planning Board in its duties, but such person or persons shall have
no power to vote or take other action required by the Board.
h.
Organization of Planning Board. The Planning Board shall elect a
Chairman and Vice-Chairman from the members of Class IV and shall
elect a Secretary who is either a member or alternate member of the
Planning Board or a municipal employee designated by it. An alternate
member of the Planning Board shall not serve as Chairman or Vice-Chairman
of the Planning Board. The Planning Board may employ, or contract
for, and fix the compensation of legal counsel (other than the Municipal
Attorney), experts, and other staff, including but not limited to
a Board Secretary, and services utilizing funds appropriated by the
Borough Council for its use. The costs of such counsel, experts and
other assistance shall not exceed the amounts appropriated to the
Planning Board by the Borough Council, unless reimbursable by an applicant.
The Borough Council shall make provision in its budget and shall appropriate
funds for the expenses of the Planning Board.
i.
Planning Board Attorney. There is hereby created the office of Planning
Board Attorney. The Planning Board may annually appoint and fix the
compensation of, or agree upon the rate of compensation of, the Planning
Board Attorney, who shall be an attorney other than the Municipal
Attorney.
j.
Powers and Duties of the Planning Board. The Planning Board shall
adopt such rules and regulations as may be necessary to carry into
effect the provisions and purposes of this chapter. In the issuance
of subpoenas, administration of oaths and taking of testimony, the
provisions of the County and Municipal Investigations Law of 1953
(N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall
have the following powers and duties:
1.
To make and adopt and, from time to time, amend a Master Plan for
the physical development of the municipality, including any areas
outside its boundaries which, in the Board's judgment, bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28.
2.
To administer site plan and land subdivision review in accordance
with the provisions of this chapter and N.J.S.A. 40:55D-37 through
40:55D-59.
3.
To grant exceptions from certain requirements for subdivision and
site plan approval pursuant to N.J.S.A. 40:55D-51.
4.
To consider and report to the Borough Council within thirty-five
(35) days after referral to the Board as to any proposed development
regulation submitted to it pursuant to the provisions of N.J.S.A.
40:55D-26(a) and also to pass upon other matters specifically referred
to the Planning Board by the Borough Council pursuant to the provisions
of N.J.S.A. 40:55D-26(b).
5.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
6.
To assemble data on a continuing basis as part of a continuing planning
process.
7.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Borough Council for the aid and assistance of
the Borough Council or for other agencies or officers, including,
but not limited to, preparation of a capital improvements program
pursuant to N.J.S.A. 40:55D-29.
k.
Meetings.
1.
Meetings of the Planning Board shall be scheduled no less often than
once a month, and any meeting so scheduled shall be heard as scheduled
unless canceled for lack of applications for development to process.
2.
Special meetings may be provided for at the call of the Chairman
or on the request of any two (2) Board members, which meetings shall
be held on notice to the Board's members and to the public in accordance
with all applicable legal requirements.
3.
No action shall be taken at any meeting without a quorum being present.
4.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
5.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6
et seq. An executive session for the purpose of discussing and studying
any matters to come before the Planning Board shall not be deemed
a regular or special meeting.
l.
Minutes. The Secretary appointed by the Planning Board shall keep
minutes of every regular or special meeting which shall include the
names of the persons appearing and addressing the Board and of the
persons appearing by attorney; the action taken by the Board; and
the findings, if any, and reasons therefor made by the Board. The
minutes shall be made available for public inspection during normal
business hours at the Land Use Office in the Borough Hall. Any interested
party shall have the right to compel production of the minutes for
use as evidence in any legal proceedings concerning the subject matter
of the minutes. The interested party may be charged a reasonable fee
for reproduction of the minutes in an amount sufficient to reimburse
the cost of such reproduction.
m.
Hearings.
1.
Rules. Unless permitted to waive notice and public hearing by the
provisions of this chapter or other applicable law, the Planning Board
shall hold a hearing on each application for development submitted
for its consideration and shall make rules governing conduct of applicants
and others before the Planning Board.
2.
Filing of Documents. Any maps and documents for which approval is
sought at a hearing shall be on file at the Land Use Office in the
Borough Hall and available for public inspection during regular business
hours.
3.
Oaths. The officer presiding at the hearing or such person as he
or she may designate shall have the power to administer oaths and
to issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
4.
Testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right of cross-examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
5.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
6.
Records. The Planning Board shall provide for the verbatim recording
of the proceedings by either stenographic, mechanical or electronic
means. The Planning Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
or her expense. The fee charged shall not exceed the actual cost of
preparing the transcript or recording. Transcripts shall be certified
in writing by the transcriber to be accurate.
n.
Notice of Hearing. Notice shall be required for all site plan and
subdivision applications. Whenever public notice of a hearing is required
on an application for development, the applicant shall give notice
thereof at least ten (10) days prior to the date of the hearing in
accordance with the following requirements:
1.
Public notice of a hearing on an application for development shall
be given for all of the following:
(a)
Appeal of the determination of the Land Use Officer;
(b)
Variance;
(c)
Directive for issuance of a building permit; or
(d)
Preliminary or final subdivision plats or site plan approval
or extension of such approval or extension of statutory guarantee;
(e)
Extension of approvals for five (5) or more years under N.J.S.A.
40:55D-49 and N.J.S.A. 40:55D-52;
(f)
Modification or elimination of a significant condition or conditions
in a memorializing resolution in any situation wherein the application
for development for which the memorializing resolution is proposed
for adoption required public notice; or
(g)
Requests for interpretation of the zoning map or ordinance or
for decisions upon other special questions upon which the Planning
Board is authorized to pass.
2.
Public notice shall be given by publication in the official newspaper
of the Borough, if there is one, or in a newspaper of general circulation
in the Borough and shall conform with N.J.S.A. 40:55D-11 as to content.
3.
Notice of hearing requiring public notice pursuant to this chapter
shall be given by certified mail to the current owners of the tax
lot or lots, located within two hundred (200) feet in all directions
of the property which is the subject of such hearing and whether located
within or without the municipality in which applicant's land is located.
o.
Time Limits for Approvals.
1.
Preliminary Site Plan Approval. Upon the submission to the Land Use
Officer of a complete application of a site plan which involves ten
(10) acres of land or less and ten (10) dwelling units or less, the
Planning Board shall grant or deny preliminary approval within forty-five
(45) days of the date of such submission or within such further time
as may be consented to by the applicant. Upon the submission of a
complete application for a site plan which involves more than ten
(10) acres or more than ten (10) dwelling units, the Planning Board
shall grant or deny preliminary approval within ninety-five (95) days
of the date of such submission or within such further time as may
be consented to by the applicant. If the Planning Board fails to act
within the time periods provided in this subsection, the Planning
Board shall be deemed to have granted preliminary approval of the
site plan.
2.
Preliminary Subdivision Approval. Upon submission of a complete application
to the Land Use Officer for a subdivision of ten (10) or fewer lots,
the Planning Board shall grant or deny preliminary approval within
forty-five (45) days of the date of such submission or within such
further time as may be consented to by the applicant. Upon submission
of a complete application to the Land Use Officer for a subdivision
of more than ten (10) lots, the Planning Board shall grant or deny
preliminary approval within ninety-five (95) days of the date of such
submission or within such further time as may be consented to by the
applicant. If the Planning Board fails to act within the time periods
provided in this subsection, the Planning Board shall be deemed to
have granted preliminary approval of the subdivision.
3.
Effect of Preliminary Approval.
(a)
Preliminary approval of a subdivision or of a site plan shall,
except as otherwise provided herein, confer upon the applicant the
following rights for a three (3) year period from the date of adoption
of the resolution of preliminary approval:
(1)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layouts and design standards for streets, curbs and
sidewalks; lot size; yard dimensions; and off-tract improvements,
and, in the case of a site plan, any requirements peculiar to site
plan approval pursuant to N.J.S.A. 40:55D-41; to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relates to public health and safety.
(2)
That the applicant may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary subdivision plat or site plan, as the
case may be.
(3)
That the applicant may apply for and the Planning Board may
grant extensions on such preliminary approval for additional periods
of at least one (1) year, but not to exceed a total extension of two
(2) years, provided that if the design standards have been revised
by ordinance, such revised standards shall govern.
(b)
Whenever the Planning Board grants an extension for preliminary approval pursuant to Subsection o3(a)(3) above, and preliminary approval has expired before the date of the grant of the extension, the extension shall revive preliminary approval and date from what was otherwise the date of expiration. The applicant may apply for the extension either before or after what would otherwise be the date of expiration.
4.
Final Approval.
(a)
Application for final subdivision or site plan approval shall
be granted or denied within forty-five (45) days of submission of
a complete application to the Land Use Officer or within such further
time as may be consented to by the applicant.
(b)
Final approval of a subdivision shall expire ninety-five (95)
days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the applicant with the County
Recording Officer, the Borough Engineer and the Borough Tax Assessor.
The Planning Board may, for good cause shown, extend the period for
recording by an additional period not to exceed one hundred ninety
(190) days from the date of the signing of the plat. The Planning
Board may extend the ninety-five (95) or one hundred ninety (190)
day periods if the applicant proves to the reasonable satisfaction
of the Planning Board that the applicant was barred or prevented,
either directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and the applicant applied promptly for and diligently pursued
these approvals. Such extension shall be equal to the periods of delay
caused by the wait for the required approvals as determined by the
Planning Board, and the applicant may apply for such extension either
before or after the original expiration date.
5.
Effect of Final Approval.
(a)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the applicant at
preliminary approval, whether conditionally or otherwise, shall not
be changed for a period of two (2) years after the date of adoption
of the resolution of final approval, provided that in the case of
a subdivision the rights conferred by this section shall expire if
the plat has not been duly recorded within the required time periods.
If the applicant has followed the standards prescribed for final approval
and in the case of a subdivision, has duly recorded the plat, the
Planning Board may extend such periods of protection for extensions
of one (1) year, but not to exceed three (3) extensions. Notwithstanding
any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of
final approval terminates the time periods of the rights conferred
by preliminary approval.
(b)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection o3(a)(3) above, and preliminary approval has expired before the date of the grant of the extension, the extension shall revive preliminary approval and date from what was otherwise the date of expiration. The applicant may apply for the extension either before or after what would otherwise be the date of expiration.
6.
Combined Preliminary and Final Subdivision or Site Plan Approval.
(a)
An applicant may request, and the Planning Board may consent
to accept, an application for development for combined preliminary
and final subdivision or site plan approval, provided that:
(1)
The proposed development is not to be constructed in sections
or stages.
(2)
The applicant pays the application fees and provides all submissions
required for both preliminary and final applications.
(3)
The applicant complies with any notice of hearing requirements
applicable to the preliminary plat stage.
(b)
Any approval granted by the Planning Board on such combined
application shall confer upon the applicant all the rights set forth
in this section for final approval.
7.
Failure to Act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the Land Use Officer as to the failure of the Planning Board to
act shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the County Recording
Officer for the purpose of filing subdivision plats.
p.
Simultaneous Review. The Planning Board shall have the power to review
and approve or deny site plans simultaneously with review for subdivision
approval without requiring the applicant to make further application
to the Planning Board or requiring the Planning Board to hold further
hearings. The longest time period for action by the Planning Board,
whether it is for subdivision or site plan approval, shall apply.
[Ord. No. 465 § 3.3]
a.
Zoning Powers of the Planning Board. Pursuant to this chapter, in addition to the powers described in Subsection 30-3.2j, the Planning Board shall hereby exert all the powers of a Zoning Board of Adjustment. The Planning Board shall have the following powers which are usually held by a Zoning Board of Adjustment:
1.
Hear and decide appeals where the appellant alleges that there is
error in any order, requirement, decision or refusal made by the Land
Use Officer based on or made in the enforcement of this chapter.
(a)
Appeals to the Planning Board may be taken by any interested
party. Each appeal shall be taken within the twenty (20) day period
prescribed by N.J.S.A. 40:55D-72 by filing with the Planning Board
Secretary a notice of appeal together with fifteen (15) copies of
the notice. The notice of appeal shall specify the grounds for the
appeal. The officer from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
(b)
The Planning Board shall render a decision on the appeal not
later than one hundred twenty (120) days after the date of the appeal
from the decision of the Land Use Officer. Failure of the Planning
Board to render a decision within the one hundred twenty (120) day
period shall constitute approval of the appeal.
(c)
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the officer from whom the appeal is taken certifies
to the Planning Board, after the notice of appeal has been filed,
that by reason of facts stated in the certificate a stay would, in
his or her opinion, cause imminent peril to life or property. In such
cases, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Superior Court of New Jersey, on
application or notice to the officer from whom the appeal is taken
and to the Borough Council, and on good cause shown.
(d)
The Planning Board may, in conformity with the provisions of
N.J.S.A. 40:55D-1 et seq., reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or determination of the
administrative order as ought to be made, and to that end the Planning
Board shall have all the powers of the Land Use Officer from whom
the appeal was taken.
2.
Hear and decide requests for interpretation of the Zoning Map or
this chapter, or for decisions upon other special questions upon which
the Planning Board is authorized to pass by any Zoning or Official
Map ordinance in accordance with N.J.S.A. 40:55D-1 et seq.
3.
Hear and decide requests for general variances ["C" Variances] as
follows:
(a)
"(C)(1) Variance." Where, by reason of exceptional narrowness,
shallowness or shape of a specific property; or by reason of exceptional
topographic conditions or physical features uniquely affecting a specific
piece of property; or by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to this chapter or N.J.S.A. 40:55D-1 et seq. would result
in peculiar and exceptional and undue hardship upon the applicant
for development of such property, grant, upon an application or an
appeal relating to such property, a variance from strict application
of such regulation so as to relieve such difficulties or hardship.
(b)
"(C)(2) Variance." Where, in an application or appeal relating
to a specific piece of property, the purposes of this chapter and
N.J.S.A. 40:55D-1 et seq., would be advanced by a deviation from this
chapter's requirements and the benefit of the deviation would substantially
outweigh any detriment, grant a variance to allow departure from regulations
pursuant to this chapter and N.J.S.A. 40:55D-1 et seq.
4.
Special Variance ["D" Variance].
In particular cases and for special reasons, the Planning Board
may grant a variance to allow departure from regulations pursuant
to N.J.S.A. 40:55D-62 et seq. to permit (1) a use or principal structure
in a zone restricted against such use or principal structure, (2)
an expansion of a nonconforming use, (3) deviation from a specification
or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a
conditional use, (4) an increase in the permitted floor area ratio
as defined in N.J.S.A. 40:55D-4, or (5) a height of a principal structure
which exceeds by ten (10) feet or ten (10%) percent the maximum height
permitted in the zone for a principal structure.
5.
The Planning Board shall, at least once a year, review its decisions
on applications and appeals for variances and shall prepare and adopt
by resolution a report on its findings on zoning ordinance provisions
which were the subject of variance requests, together with the Planning
Board's recommendations for zoning ordinance amendment or revision,
if any. The report shall be filed with the Borough Clerk.
b.
Time for Decision. The Planning Board shall render zoning decisions
no later than one hundred twenty (120) days after the date that an
appeal is taken from the decision of Land Use Officer or of the submission
of a complete application for development to the Land Use Officer.
In the event that the applicant elects to submit separate consecutive
applications, this provision shall apply to each separate application.
The period for granting or denying any subsequent approval shall be
as otherwise provided in this chapter. Failure of the Planning Board
to act within the period prescribed shall constitute approval of the
application, and a certificate of the Land Use Officer as to the failure
of the Planning Board to act shall be issued on the request of the
applicant, and it shall be sufficient in lieu of the written endorsement
or other evidence of approval required in this chapter and shall be
so accepted by the County Recording Officer for the purpose of filing
subdivision plats.
c.
Expiration of Variance. Any variance granted by the Planning Board
permitting the erection or alteration of any structure or structures
or permitting a specified use of any premises shall expire two (2)
years from the date of publication of the notice of the judgment or
determination of the Planning Board, unless the construction, alteration
or use has actually been substantially commenced on each and every
structure permitted by the variance, or unless such development has
actually been substantially commenced, within the two-year period.
The period of limitation herein provided shall be tolled from the
date of filing an appeal from the decision of the Planning Board to
a court of competent jurisdiction, until the termination in any manner
of such appeal or proceeding. Where subdivision or site plan approval
is required, the period of time for commencement of the development
specified by the Planning Board shall be the same as the period of
time for which other rights are conferred upon the applicant by such
subdivision or site plan approval pursuant to the provisions of this
chapter.
[Ord. No. 465 § 3.4; Ord. No. 592 § 2]
a.
Establishment. There is hereby created and established in the Borough
the position of Land Use Officer. The Land Use Officer shall be the
Administrative Officer referred to in N.J.S.A. 40:55D-1 et seq. The
Land Use Officer shall exercise all of the powers and duties of the
Administrative Officer referred to in N.J.S.A. 40:55D-1 et seq. and
of the Zoning Officer referred to in all Borough ordinances and all
further powers and duties as provided in this chapter.
b.
Term. The Land Use Officer shall be appointed by the Mayor and shall
serve at his or her pleasure.
c.
Function and Duties.
1.
All requests, inquiries and applications pertaining to land use and
development, including but not limited to zoning permits, development
permits, variances, subdivisions and general information, shall be
referred to the Land Use Officer, prior to action being taken by any
other Borough official, employee or Board.
2.
After the Land Use Officer ascertains the applicant's intention,
he or she shall either (1) issue a zoning permit and refer the applicant
to the Construction Official for the issuance of a building permit;
or, (2) if appropriate, deny a zoning permit and provide the applicant
with a copy of the denial and/or the appropriate application forms
and instructions for application to the Planning Board for a development
permit.
3.
The Land Use Officer shall issue or deny a zoning permit within ten
(10) business days of receipt of a request for the permit. If the
Land Use Officer fails to grant or deny a zoning permit within this
period, the failure shall be deemed to constitute approval of the
application for the zoning permit.
4.
The Land Use Officer shall receive for filing all applications for
development permits, supporting documents and required fees, and if
the application is complete and correct as to form, shall deem the
application complete and shall refer it to the Planning Board. If
the application is incomplete and/or incorrect as to form, the Land
Use Officer shall notify the applicant in writing to that effect within
forty-five (45) days.
5.
When notice to property owners is required, the Land Use Officer
shall provide one (1) copy of the filed application to the Tax Assessor's
Office for the Tax Assessor's preparation of a list of property owners
to be served with notice by the applicant, together with any fee for
such preparation required of the applicant.
6.
The Land Use Officer shall retain one (1) copy of each application
for a development permit and supporting documents, shall transmit
one (1) copy to the Borough Engineer, Construction Official, Fire
Subcode Official, Fire Chief and Police Department, respectively,
and shall transmit the balance of the application forms and documents
to the Secretary of the Planning Board.
7.
The Land Use Officer shall perform any other function or duty incidental
to the foregoing; provided, however, that all action taken by the
Land Use Officer shall be in compliance with the provisions of N.J.S.A.
40:55D-1 et seq., as amended and supplemented, and all other pertinent
ordinances and amendments thereto.
8.
When it is ascertained that a violation of any ordinance pertaining
to land use exists, the Land Use Officer shall serve a violation notice
in writing upon the property owner. The Land Use Officer shall provide
one (1) copy of the violation notice to the Borough Clerk. The Land
Use Officer may file a complaint in the Municipal Court if the violation
has not been abated within a reasonable time.
9.
The Planning Board shall promptly furnish to the Land Use Officer
one (1) copy of each resolution it adopts.
10.
The Planning Board shall promptly furnish to the Land Use Officer
one (1) copy of all subdivision plans which the Board approves.
11.
Any Borough official who issues or serves a violation notice pertaining
to land use shall promptly furnish to the Land Use Officer one (1)
copy of the violation notice as well as one (1) copy of any disposition
of the violation notice.
12.
The Borough Tax Assessor shall promptly furnish to the Land Use Officer
one (1) copy of each real property transfer.
13.
It shall be the duty of the Land Use Officer to keep a record of
all applications for, and of all permits and certificates issued,
with a notation of all special conditions involved. He or she shall
file and safely keep copies of all plans submitted, and the same shall
form a part of the records of the Land Use Office, and shall be available
for the use of Mayor and Council and all members of the public.
14.
Deputy Land Use Officer. A Deputy Land Use Officer may be appointed
by the Mayor to serve at his or her pleasure. The Deputy shall act
in the absence of the Land Use Officer during any period of absence
greater than three (3) business days, and whenever the Land Use Officer
is unavailable due to illness or emergent circumstances. The Deputy
shall have all the powers and duties of the office.
15.
Administration. A zoning permit shall be secured from the Land Use Officer prior to the construction, erection or alteration of any structure, or part of a structure, or use of a structure or land for purposes other than those permitted by this chapter. All requests for zoning permits shall be made in writing by the owner, or the authorized agent, and shall include a statement of the use, or intended use, of the building, or structure, or land, and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and all existing structures and such other information (including a site plan or elements of a site plan) as may be necessary to provide for enforcement of this chapter and as may be reasonably required by the Land Use Officer. See § 30-5.
(a)
Properties Contiguous with NJ Route 35 or Barnegat Lane. Upon
filing an application for issuance of a zoning permit for a project
upon any property which is contiguous with N.J. Route 35 or Barnegat
Lane, the applicant shall also simultaneously present to the Land
Use Officer a proposed construction parking plan which shall, with
specificity, show the location of off-street parking for all vehicles
which will be utilized by or associated with the work of the project.
The number of off-street parking spaces shall be sufficient to insure
that parking regulations will not be violated by the presence of vehicles
utilized or associated with the project.
A construction parking plan must be submitted with each zoning
permit application. The Land Use Officer may reject any plan which
does not, in the reasonable exercise of his discretion, provide for
adequate off-street parking for the proposed project. The applicant
shall represent that he or it has obtained permission from all involved
property owners or occupants of premises which will be utilized for
off-street parking.
No zoning permits for projects which are the subject of this
subsection shall issue in the absence of simultaneous approval of
a construction parking plan.
Violation of this subsection shall constitute a violation of
this subsection by the owner and contractor and shall constitute a
violation of the zoning permit. Violators shall be subject to penalties
provided herein. Violation of the Municipal Parking Ordinance by an
operator of any vehicle associated with this project or project personnel
shall constitute a separate offense.
This Subsection 15(a) is adopted to promote the public safety and general welfare.
16.
Certificate of Occupancy. The Construction Official shall, simultaneously
with issuance of a Certificate of Occupancy, provide a true copy of
the Certificate to the Land Use Officer.
17.
Certificate of Compliance. Upon review of all necessary documents, including but not limited to an Elevation Certificate, "As-Built" Survey, and Surface Water Management Plan, the Land Use Officer shall issue a Certificate of Compliance, certifying that the completed construction, building or development complies with the requirements of the Land Use chapter and the requirements of the Planning Board. If the Land Use Officer determines that such structure or use, or both, does not comply with the provisions of this chapter or the requirements of the Planning Board, the Land Use Officer shall promptly notify the owner in writing, setting forth in detail the areas of noncompliance and the time within which the noncompliance shall be cured. If the owner shall fail to satisfy the requirements for issuance of a Certificate of Compliance, a summons may be issued by the Land Use Officer, and the applicant shall be subject to penalties as set forth in Subsection 30-8.3. See Subsection 30-5.12.
[Ord. No. 465 § 4.1]
Any restrictions or requirements with respect to buildings or land which appear in other ordinances of the Borough of Mantoloking, or which are otherwise established by State or Federal law or regulation, and which are more restrictive than those set forth herein shall take precedence over the provisions of this chapter. The provisions of this chapter shall govern where they do not conflict with State or Federal law or regulations. This includes, but is not limited to, N.J.A.C. 5:23, Uniform Construction Code, and N.J.A.C. 5:21-7.1 et seq., Residential Site Improvement Standards (RSIS). Property within a "V" zone as indicated on the Borough's Flood Insurance Rate Map (FIRM) is subject to both FEMA guidelines and the Borough's Flood Prevention Ordinance. Applicants are urged to review the provisions of Chapter 23, Flood Damage Prevention and Chapter 11, Protection of Beaches and Dunes in conjunction with this Land Use chapter. Any structure which is permissible under the Borough's Dune Ordinance shall not be prohibited by this chapter.
[Ord. No. 465 § 4.2; Ord. No. 544 § 2; Ord. No. 557 § 2; Ord.
No. 560 § 1]
a.
Every structure used for dwelling or business purposes shall be built
upon a lot with frontage on a public street, or in the case of ocean,
bay front or lagoon lots, shall have a rear yard abutting a public
street.
b.
No building shall be erected, no existing building shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area and building location regulations hereinafter
designated for the zone in which such building or open space is located.
See Appendices A and B.
c.
No lot, in any zone, shall be used, nor shall any structure be erected, altered or occupied, for any purpose except as indicated in each zone under "permitted use" and "accessory use." See § 30-6.
d.
The Planning Board shall not grant any variance which would permit a use in any zone if the use is designated in this chapter as "prohibited." See § 30-6.
e.
An as-built location survey of the existing, modified, or newly constructed foundation of a building, signed and sealed by a New Jersey licensed professional land surveyor, shall be submitted for approval by the Land Use Officer, prior to any further construction of the building. See Subsection 30-5.9.
f.
The elevation certificate, required under FEMA regulations, shall be submitted as soon as possible following installation of the first floor and related structural members. See Subsection 30-5.10.
g.
Promptly upon completion of the structural framing of the highest
element of the structure, and prior to application of roof sheathing,
the developer shall provide to the Land Use Officer, in form satisfactory
to the Land Use Officer, an elevation certificate, prepared and sealed
by a New Jersey licensed professional land surveyor, which will demonstrate
that the finished structure will not exceed the permitted height.
h.
An as-built survey of all buildings, lot improvements, final grading,
roof elevations, and the like, signed and sealed by a New Jersey licensed
professional land surveyor, shall be submitted for approval by the
Land Use Officer, prior to application for issuance of a Certificate
of Compliance. The Land Use Officer shall not issue a Certificate
of Compliance unless the applicant has submitted an as-built survey
demonstrating compliance with this chapter and any requirements of
the Planning Board.
i.
All applications for a development permit shall include a Flood Elevation Certificate for all existing buildings on the site. See Chapter 23, Flood Damage Prevention.
j.
Garages constructed in a "V" zone as indicated on the Borough's Flood Insurance Rate Map (FIRM) as issued by FEMA shall be properly elevated on piles or columns and constructed with the lowest horizontal member having a minimum clearance of one (1) foot above the Base Flood Elevation (BFE) or shall be constructed with breakaway panels, insect screens or open lattice work in accordance with design guidelines provided under FEMA Technical Bulletin 9-99 entitled "Design and Construction Guidance for Breakaway Walls Below Elevated Coastal Buildings." All construction for garages and accessory structures in the "V" zone shall comply with FEMA guidelines and the Chapter 23, Flood Damage Prevention.
k.
All zoning permits issued by the Land Use Officer shall expire upon
the earliest of the following events to occur, unless the applicant
has substantially relied upon the issuance of the zoning permit:
1.
One (1) year after date of issuance of the permit;
2.
The adoption of an ordinance amendment which renders the permit noncompliant
with the provisions of the ordinance; or
3.
Upon the amendment of the plans on which the permit was based and
issued, where the amendments affect the zoning of the property.
|
Exceptions are as follows:
|
|
1. Temporary facilities permits shall be valid for six (6) months
(one hundred eighty (180) calendar days). Thereafter, an extension
of the permit must be obtained.
|
|
2. Tent permits are valid for the time stipulated in Subsection 30-4.13.
|
|
3. Time limits for permits issued as a result of the granting
of a variance by the Board shall be in accordance with the conditions
stipulated in the Board's resolution of approval.
|
l.
It shall be recognized that separate permits must be obtained for
various components of a planned development project. In addition to
the requirement to obtain a zoning permit for a new or altered structure,
if applicable, separate permits are needed for pools, wood decks,
fence, hardscaping and the like. Each separate permit application
is reviewed individually and it shall be the applicant's responsibility
to coordinate the project as a whole and its compliance with the land
use regulations. The approval of one component does not constitute
the approval of another component, even though both components are
shown on the same drawing.
[Ord. No. 465 § 4.3; Ord. No. 557 § 3; Ord. No. 560 § 1; Ord.
No. 575 §§ 1, 2]
a.
Applicability.
1.
No site plan approval, zoning variance, building permit, subdivision
approval or approval for any on-site activity involving the alteration
of ground cover or the alteration in the natural (or existing) runoff
patterns, including but not limited to: siting and construction of
structures, construction of impervious surfaces, driveway paving,
swimming pool construction, construction of roof areas, earth moving
resulting in changes in existing contours, or removal of significant
areas of vegetative cover, shall be granted without a condition that
the development shall also be subject to the approval by the Borough
Engineer of a Surface Water Management Plan before the permitted on-site
activity (development) shall commence.
2.
The Borough Engineer may waive the requirement of a Surface Water
Management Plan based upon the Engineer's finding that there is no
appreciable increase anticipated in rate or velocity of runoff from
the site, based upon the Engineer's site inspection and review of
plans submitted by the applicant.
3.
Construction involving the repair or replacement of existing structures
in kind shall not be exempt from the requirements of this section.
4.
The Surface Water Management Plan shall address the management of
flood waters with potential velocity impacts in the areas indicated
as a "V" zone under the Borough's adopted Flood Insurance Rate Map
as issued by FEMA, inclusive of associated impacts of adjacent properties
from diversion of flood waters around structures and potential debris
from proposed structures on the site.
b.
General Standards.
1.
The stormwater management provisions of the Residential Site Improvement
Standards (RSIS), N.J.A.C. 5:21-7.1 et seq., shall supersede the provisions
of this chapter, where the RSIS is applicable. The provisions of this
chapter shall govern where they do not conflict with the RSIS.
2.
The rate and velocity of runoff from the site following completion
of the disturbance, alteration in the ground cover, building modification,
or alteration in the natural (or existing) runoff patterns shall not
exceed that which would result under total coverage in a brush/weed/grass
mixture in good hydrologic condition, as defined by USDA Soil Conservation
Service Standards, TR-55 or latest technology. The rate and velocity
of runoff resulting from existing cover can be used to compare the
rate and velocity of runoff from the site following completion of
the proposed activity, only if it can be demonstrated that existing
cover does not cause excessive runoff onto adjacent properties which
results in damage or degradation of the adjacent properties.
3.
Maximum use shall be made of presently existing and natural surface
water runoff control devices or areas such as existing storm sewer
systems, vegetative cover, favorable grading, as well as any proposed
retention structures.
4.
To the greatest possible extent, the Surface Water Management Plan
shall avoid the concentration of surface water flow and shall provide
for dissipation of velocities.
5.
The Borough recognizes that, in certain cases, fill is placed at
the perimeter of structures elevated above existing grade. In no case
shall fill be placed at slopes exceeding three to one (3:1) (horizontal
to vertical). The applicant must also demonstrate that there is sufficient
buffer area between the base of the fill and any adjacent property
to mitigate the increased rate and velocity of the runoff from the
slopes of the embankment; or surface water runoff shall be otherwise
controlled to the satisfaction of the Borough Engineer.
c.
Design Standards. For engineering review by the Borough Engineer,
the following standards shall apply:
1.
For calculating runoff and controls, the USDA Soil Conservation Service
Methods, TR-55 or latest technology, shall be used. The site shall
be evaluated, at a minimum, based upon a two (2) year twenty-four
(24) hour storm. See the Residential Site Improvement Standards (RSIS),
N.J.A.C. 5:21-7.2.
2.
In lieu of computing the differences in existing and proposed surface
water runoff, the applicant may propose a surface water retention
structure which will provide 0.25 CF of storage volume per square
foot of total impervious surfaces. This simplified method of computation
will not necessarily be acceptable to demonstrate that the proposed
activity does not result in damage or degradation of adjacent properties.
For example, in the case where vegetated areas are altered in addition
to the construction of impervious surfaces, the applicant must demonstrate
that the alteration of vegetated area does not cause an increase in
the rate and velocity of surface water runoff, or the applicant must
provide additional retention volume.
3.
Existing drainage ways or storm sewers shall not be overloaded with
increased runoff, sediment, or other pollution resulting from the
proposed activity. The Surface Water Management Plan shall include
calculations which demonstrate that any affected drainage way or storm
sewer has sufficient capacity for runoff resulting from a two (2)
year twenty-four (24) hour storm. The Rational Method shall be acceptable.
4.
Innovative surface water runoff control and/or recharge devices may
be proposed, such as rooftop storage, drywells, or roof drain infiltration
trenches, provided they are accompanied by detailed engineering plans
and calculations.
5.
Connections to existing storm sewer systems within public rights-of-way
or easements are prohibited.
6.
The Surface Water Management Plan shall be designed such that the
proposed activity does not unduly degrade the quality of surface waters.
For example, vegetated areas with indigenous species shall be preserved
to the maximum extent possible and/or vegetated areas shall be planted,
preferably, with indigenous species.
7.
The Surface Water Management Plan shall be designed to address impacts
of diverted velocity flood water from the site to eliminate or minimize
the introduction of structural debris into the flood stream and potential
impacts to neighboring properties, according to the Code of Federal
Regulations (CFR) Chapter 44 and associated FEMA guidelines.
d.
Data Required.
1.
The applicant shall submit a plan for Surface Water Management, along
with any Site Plan Application, Subdivision Application, or Building
Permit Application.
2.
The Surface Water Management plan shall contain sufficient information
to evaluate the effects of the proposed activity on adjacent properties
including, but not limited to:
(a)
Lot and block numbers of the site as shown on the current Tax
Map of the Borough.
(b)
Name and address of the owner of the land.
(c)
Site Topography. All topography shall use the NGVD 1988 or the
appropriate conversion must be noted on the plan. (Minimum one [1]
foot contours).
(d)
Topography (minimum one [1] foot contours) of adjacent properties
or rights-of-way sufficient to evaluate the effects of the proposed
activity, or, at a minimum, a ten (10) foot width around the perimeter
of the property.
(e)
Location, description, and quantification of significant natural
and as-built features on, and surrounding, the site.
(f)
Location, description, and quantification of proposed changes
to the site.
(g)
Proposed measures for Surface Water Management including detailed
computations and narrative.
(h)
Flow diagram of diverted flood waters on and through the site
and adjacent properties.
e.
Review and Approval.
1.
Five (5) copies of the Surface Water Management Plan shall be submitted
to the Land Use Officer.
2.
Surface Water Management Plans shall be approved by the Borough Engineer.
The Borough Engineer's consideration of applications shall be guided
by, but not limited to, the following factors:
(a)
The suitability of the applicant's proposed surface water management
measures, devices and planning techniques, whether involving on-site
or off-site measures or some combination thereof in respect to the
total surface water runoff, velocities and rates of discharge which
the applicant's proposed construction or land disturbance may generate;
(b)
Existing topography, present vegetation and hydrologic and hydraulic
factors;
(c)
The design storm;
(d)
Natural drainage flow;
(e)
Land uses in the immediate vicinity of the site;
(f)
Any other applicable or relevant environmental and resource
protection ordinances, statutes and regulations;
(g)
Water quality considerations; and
(h)
The Surface Water Management Plan shall be signed and sealed
by a Professional Engineer licensed in the State of New Jersey.
f.
Inspection.
1.
The installation of an approved Surface Water Management Plan (SWMP)
shall be inspected by the Borough Engineer, or his/her authorized
representative, at two (2) distinct times during construction, namely:
(1) upon excavation of the trench and placement of the filter fabric;
and (2) prior to surface restoration above the trench.
2.
Applicant shall, in addition to the application fee, pay an inspection
fee as set forth in Appendix C.
3.
Approval of a SWMP will not be issued until the inspection fee has
been paid.
[Ord. No. 465 § 4.4; Ord. No. 544 § 3; Ord. No. 576 § 1]
In the residential and business zones, there shall be provided
off-street parking spaces in accordance with the following requirements:
a.
Each parking space shall measure nine (9) feet in width by eighteen
(18) feet in length. Parking spaces for people with disabilities shall
be in accordance with the New Jersey Uniform Construction Code (N.J.A.C.
5:23) or the Americans with Disabilities Act, as applicable. See N.J.A.C.
5:21-4.15.B.
b.
All required parking spaces, opened or closed, shall be located on
the same lot as the use to which such spaces are accessory.
c.
Every parcel of land hereinafter used as a public or private parking
area for four (4) or more cars, including a commercial parking lot,
shall be developed and maintained in accordance with the following
requirements:
1.
Off-street parking areas shall be oriented to, and within a reasonable
walking distance of, the buildings they are designed to serve.
2.
Access to parking lots shall be designed so as not to induce queues
on travel ways and to provide adequate pedestrian circulation and
safety. There shall be adequate provision for ingress to and egress
from all parking spaces to ensure ease of mobility, ample clearance,
and safety of vehicles and pedestrians.
3.
The width of all aisles providing direct access to individual parking
stalls shall be in accordance with the requirements specified below.
Only one (1) way traffic shall be permitted in aisles serving single-row
parking spaces places at an angle other than ninety (90º) degrees.
|
Parking angle
(in degrees)
|
Aisle width
(in feet)
|
|---|---|
|
30
|
12
|
|
45
|
13
|
|
60
|
18
|
|
90
|
24
|
4.
Where sidewalks occur in parking areas, parked vehicles shall not
overhang or extend over the sidewalk unless an additional two (2)
feet of sidewalk width are provided to accommodate such overhang.
5.
Screening and landscaping of off-street parking areas for four (4)
or more vehicles shall include screening on the side or sides which
adjoin residential lots. This provision applies to the parking of
four (4) or more vehicles "side to side." For the purpose of off-street
parking, screening shall be no less than five (5) feet in width and
at least eight (8) feet in height. The Land Use Officer shall encourage
the use of native species of vegetation which require less fertilization
and watering than non-native species.
6.
No off-street parking or part thereof for four (4) or more vehicles
shall be closer than ten (10) feet to any dwelling located on the
adjoining lot, and no closer than five (5) feet to any side yard lot
line.
7.
All off-street parking shall be graded and drained in accordance with the provisions of the Surface Water Management Plan section of this chapter, Subsection 30-4.3.
8.
Any lighting used to illuminate any off-street parking shall be arranged in accordance with a lighting plan to be submitted for review to the Borough Engineer and designed so as to reflect the light away from adjoining streets and abutting improved property. See Subsection 30-4.11.
9.
Parking spaces, as defined in Subsection 30-4.4a, shall be located at least seven (7) feet from the edge of pavement or three (3) feet from the edge of a sidewalk, whichever is greater.
10.
Driveways shall be no closer than twenty-five (25) feet from any
roadway intersection, measured from the point where the two (2) edges
of pavement or curb intersect.
d.
Minimum required off-street parking spaces shall be as follows:
1.
Dwellings in residential zones: one and one-half (1.5) spaces for
each single-family dwelling with no more than two (2) bedrooms; two
(2) spaces for each single-family dwelling with up to three (3) bedrooms,
two and one-half (2.5) spaces for each four (4) bedroom single-family
dwelling; and three (3) spaces for each dwelling of five (5) bedrooms
or more.
2.
In the business zone, one (1) space for each unit in two (2) family
dwellings.
3.
All other uses in business zones shall provide one (1) space for
each two hundred (200 S.F.) square feet of gross floor area (or land
area under use.)
[Ord. No. 465 § 4.5]
At the intersection of two (2) streets, there shall not be erected
or caused to be maintained any hedge, fence, foliage or wall higher
than thirty (30) inches above the higher crown of the two (2) roads
on any lot within the area formed by two (2) right-of-way lines bounding
the lot or the projection of such lines and by a line connecting the
point on each street line twenty-five (25) feet from the intersection
of the street lines. In the case of development or redevelopment of
any corner lot subsequent to the adoption of this chapter, the issuance
of a Zoning Permit shall be conditioned upon the grant of a site triangle
easement from the owner to the Borough. Sight triangle easements shall
include the area on each street corner that is bounded by the line
which connects the sight or connecting points located on each of the
right-of-way lines of the intersecting street twenty-five (25) feet
from the point of intersection of the street lines. The planting of
trees or other plantings, or the location of structures exceeding
thirty (30) inches in height that would obstruct the clear sight across
the area of the easements, shall be prohibited, and a public right-of-entry
shall be reserved for the purpose of removing any object, material
or otherwise, that obstructs the clear sight.
[Ord. No. 465 § 4.6; Ord. No. 576 § 2]
a.
Prior to the construction of any building or any structure in the
business zone other than a single-family residence, or a business
use in a residential zone, there shall be planted, and thereafter
maintained, a dense screen, not less than fifteen (15) feet in width
and not less than eight (8) feet in height, along all property lines
adjoining lands which are zoned residential.
b.
Screening of off-street parking areas shall be not less than five
(5) feet in width and not less than eight (8) feet in height. See
Subsection 30-4.4c5.
c.
Screening shall be properly installed and maintained in good condition under the supervision of the Land Use Officer. The Land Use Officer shall encourage the use of native species of vegetation which require less fertilization and watering than non-native species. If upon inspection it is determined that the screening material is not being maintained in a satisfactory condition, the owner shall be notified in writing and ordered to correct the negligent or improper maintenance within thirty (30) days. In the event that any plantings required by this chapter fail to live or be maintained at a height of at least eight (8) feet, they shall be replaced by the owner at the owner's sole expense. Any failure on the part of the owner to comply with such a notice shall be deemed a violation of this chapter and shall be subject to the penalties of this chapter. See Subsection 30-8.3.
[Ord. No. 465 § 4.7; Ord. No. 2013-633 § 3]
a.
The ridge of a dormer must be horizontal and shall not exceed the
ridge or roof line of the sloping roof in which it is situated. The
dormer above the second habitable story shall not extend beyond the
ridge of the roof eave. The aggregate width of dormers above the second
habitable floor shall not exceed one-third of the width at the roof
ridge line of the sloping roof in which they or it are situated.
b.
Balconies or decks shall not be permitted above the second story,
except that balconies shall be permitted above the second story on
residences constructed upon lots which front upon the Atlantic Ocean
or Barnegat Bay (excluding North and South Lagoon). The third story
balconies shall be constructed only on the front of such residences,
where permitted.
c.
Widow's walks are permitted, provided they do not exceed the permitted
total height of the structure.
[Ord. No. 465 § 4.8]
See definition of "entrance porches" and discussion in Subsection 30-6.9, Yard Area.
[Ord. No. 465 § 4.9; Ord. No. 557 § 4; Ord. No. 560]
a.
Decks shall be a permitted structure in the residential or business
zones.
b.
The term "deck" is deemed to include entrance porches, stairs, walkways,
patios, pool surrounding access, and the like.
c.
Decks which are less than eight (8) inches above existing grade shall
not be included in the lot coverage calculation. Existing grade shall
be defined as the average preconstruction ground elevations of four
(4) points spaced around the outer corners of the proposed deck. No
grading will be permitted to raise the level of the deck. In the event
the land is disturbed prior to determination of existing grade, the
Borough Engineer shall determine the existing grade based on available
topographic mapping of the area and other site features.
d.
Decks greater than eight (8) inches above existing grade shall be
included in lot coverage calculation according to Subsection 30-6.8b1.
e.
Decks of any height shall be permitted only within the building envelope.
Decks which are less than eight (8) inches above existing grade are
permitted in the front yard of waterfront lots.
f.
Any structure which is permitted under Chapter 11, Protection of Beaches and Dunes, shall not be prohibited by this chapter.
g.
A swimming pool with a surrounding deck shall be treated as a single
accessory structure.
h.
Prior to the construction of any deck within the Borough, an application
for a deck permit, with the required fee, shall be submitted to the
Land Use Officer for approval.
i.
Accompanying the application for a deck permit shall be a property survey map similar in all respects to that described in Subsection 30-5.4.
j.
An as-built
plan, prepared by a professional land surveyor licensed in the State
of New Jersey, shall be submitted to the Land Use Officer to verify
that the approved deck, including at-grade decks and decks over eight
(8) inches above grade, was constructed in accordance with the approved
deck permit, and the as-built plan shall provide an updated zoning
schedule to demonstrate compliance with all applicable bulk standards
for coverage.
[Added 4-20-2021 by Ord. No. 719]
[Ord. No. 465 § 4.10; Ord. No. 660-2016; Ord.
No. 691-2019]
a.
The top of the side walls of the finished pool shall not be higher
than twelve (12) inches above the existing, preconstruction grade
or the first floor elevation, whichever is lower. Existing grade shall
be defined as the average preconstruction ground elevations of at
least six (6) points spaced equally apart from each other around the
perimeter of the pool. If, due to differences in preconstruction ground
elevation, any portion of the pool shall be constructed with an elevation
greater than twelve (12) inches above grade, that portion or part
so elevated or of any associated structure proximate to or abutting
the pool shall be screened by suitable planting of an elevation at
least as high as the top of the pool side walls, from the view afforded
from lots on either side and from the abutting streets.
b.
No swimming pool exterior wall, below ground, shall be placed closer
than five (5) feet from any existing tie-back anchor for a bulkhead.
c.
The distance between the swimming pool and the tie-back anchor shall
be measured from the exterior of the pool wall below ground to the
actual location of the proposed or existing tie-back anchor.
d.
An application for a swimming pool within the limits identified in
paragraph b. and c. above shall include written justification of the
proposed location together with a report, signed and sealed, from
a New Jersey licensed professional engineer, with supporting calculations
and drawings substantiating that the proposed swimming pool installation
will not adversely affect the integrity of the bulkhead or its anchoring
system. The report shall be subject to the review and approval of
the Land Use Officer and Borough Engineer.
e.
Upon substantial completion, the applicant shall furnish as-built plans of the installed swimming pool indicating its location on the property and its relation to the bulkhead, tie-back anchors, buildings, etc. See subsections 30-5.9 and 30-5.10 for as-built plan and elevation certificate requirements.
f.
Each swimming pool shall be surrounded by a suitable fence, four (4) feet in height, with a self-latching gate. A fence shall not be required adjacent to the side of a pool facing a bulkhead or bulkhead reference line, or where the pool is adjacent to the house. All such fences shall be constructed in accordance with Uniform Construction Code requirements. The location of the fence shall not violate any other provisions of this chapter. See subsection 30-6.13.
g.
Pools shall not be included in the calculation of lot coverage. Total impervious coverage including the pool may not exceed forty-five (45%) percent of the total lot area. See subsection 30-6.8.
h.
All pools shall be constructed within the applicable accessory structure
setbacks, with the exception of Bayfront or lagoon lots, where pools
may be constructed not less than eighteen (18) feet from the mean
high water line or bulkhead line.
i.
The pool pump house shall be sound insulated and shall not be considered
an accessory structure if it is less than fifty (50 S.F.) square feet.
Pool equipment – heaters, pool pumphouse, etc. – shall
not be placed in the setback areas. Pool pumps shall not exceed the
noise levels permitted by the Borough's noise regulations.[1]
j.
See also subsection 30-4.3a.,1. regarding the necessity of a Surface
Water Management Plan.
k.
Prior to the construction of any pool within the Borough, an application
for a pool permit, together with the required fee, shall be submitted
to the Land Use Officer.
l.
Accompanying the application for a pool permit shall be a property survey map similar in all respects to that described in subsection 30-5.4.
m.
Swimming
pools shall not be considered an accessory structure under the Land
Use Regulations of the Borough of Mantoloking.
[Added 4-20-2021 by Ord. No. 719]
[Ord. No. 465 § 4.11]
a.
No light source generated or initiated upon or from any lot within
the Borough shall be placed or maintained so as to allow the glare
or illumination thereof to constitute a nuisance to persons upon any
other lot or any public area within the Borough.
b.
The emission of light with a measured level of strength or illumination
greater than 0.5 maintained foot candles measured at any point along
the lot boundary line at grade, or at any higher elevation, shall
be conclusive proof that the light source or sources in question constitute
a nuisance in violation of this chapter.
c.
The level of illumination shall be ascertained by the methodology
and/or devices generally accepted and/or employed by the Illumination
Engineering Society of North America.
d.
The strict enforcement of this subsection may, by resolution of the
Governing Body of the Borough of Mantoloking, be suspended to accommodate
seasonal (holiday) lighting upon such terms, conditions and for such
durations as may be deemed appropriate by the Borough Council.
e.
The provisions of this chapter shall be subject to the Residential
Site Improvement Standards (RSIS), N.J.A.C. 5:21-1.1 et seq., particularly
N.J.A.C. 5:21-4.11 (reserved).
[Ord. No. 465 § 4.12; Ord. No. 544 § 4]
All satellite dish antennas shall have a maximum diameter of
one (1) meter (39.37 inches).
[Ord. No. 465 § 4.13; Ord. No. 524 §§ 1-3; Ord. No. 544 § 5]
a.
Tents may be erected in residential zones for use only as a temporary
building. They may not be utilized for habitation.
b.
Tents may not be sited within ten (10) feet of any side front, or
rear property line except on waterfront lots where they may be sited
up to the bay front, lagoon front, or ocean scarp line.
c.
Any resident, owner, occupant or their agent must obtain a municipal
permit before any tent is erected. The application for a municipal
tent permit shall include a sketch map depicting the proposed location
of the tent and shall state the date and time when the proposed tent
will be erected. The permit shall expire five (5) days following erection
of the tent and the tent shall be removed before expiration of the
permit.
d.
All tents must be constructed of approved fire retardant fabric or
material and so marked. Gasoline, gas, charcoal or other cooking devices
or any other unapproved open flame shall not be permitted inside or
located within twenty (20) feet of any tent.
e.
Any tent in excess of nine hundred (900) square feet or with a side
dimension greater than thirty (30) lineal feet shall not be permitted
unless the applicant also obtains proper permits from the Fire Inspector,
in accordance with applicable regulations.
f.
The municipal tent permit shall be conditioned upon the applicant's
receipt of, and compliance with, all of the terms and conditions of
any additional permits which may be required for the proposed tent.
g.
A tent permit fee must accompany the application. See Appendix C.
It shall be the applicant's responsibility to apply for and to obtain
any ancillary permits for any proposed tent erection and, in all events,
to provide all required information. No action or processing of an
application for a tent will be commenced until the application is
complete.
[Ord. No. 465 § 4.14; Ord. No. 587 § 3; Ord. No. 2013-617 § 6]
a.
Permits shall be obtained from the Land Use Officer for temporary
placement of dumpsters, construction trailers, storage trailers, modular
temporary storage units and sanitary waste facilities on any lot within
the municipality.
b.
Prior to the placement of any temporary construction facility within
the Borough, an application, and a plan identifying the proposed location
of the temporary facilities and the proposed duration of use, shall
be submitted to the Land Use Officer for approval.
c.
Such facilities shall be placed within the building envelope whenever
possible. In no event may any such facility be placed on sidewalks
or other public property or within ten (10) feet of any property line
of the lot.
d.
1.
It shall be the applicant's responsibility to maintain such facilities
in a neat and sanitary condition at all times and so as not to become
a nuisance to abutting or nearby property owners. The Land Use Officer
may revoke the permit, after notice to the permit holder, if the facility
is deemed to be a nuisance.
2.
Only one such facility of each type shall be permitted on the premises
at any one time, in addition to a portable sanitary facility.
3.
All permits for temporary facilities shall be revocable by the Land
Use Officer upon cessation of continuous construction activity or
such other approved use, subject to terms and conditions of the approved
permit.
4.
No temporary facility shall be utilized for habitation and shall
not include plumbing, heating, cooling or electrical equipment or
devices of any nature.
5.
Any temporary structure which, in the opinion of the Construction
Official or the Chief of Police, shall constitute a hazard to the
safety of persons or property, shall be removed immediately, at the
expense of the permit holder.
6.
Applicants for a temporary facility permit shall complete the application
form and submit it to the Land Use Officer with their permit/application
fee, twenty-five ($25.00) dollars. Fees are not refundable.
e.
No temporary facility may be used to mount a sign for any advertising
purpose. A temporary facility may include identification information
which shall not exceed two and one-half (2.5) square feet in size.
f.
No Certificate of Compliance shall be issued until all temporary
facilities have been removed from the site.
[Ord. No. 465 § 4.15]
Due to the critical environmental nature of the Borough's oceanfront
dune system and the always present hazard of flood damage due to wave
impacts in the velocity zone as delineated in the Borough's Flood
Insurance Rate Map (FIRM), if requested by the Land Use Officer, the
applicant shall provide for review a determination from the New Jersey
Department of Environmental Protection's Land Use Regulation Program
indicating that proposed improvements delineated in the application
do not impact the Borough's dune system as defined and protected under
the NJDEP Coastal Zone Management Act and the proposed improvements
are a permissible activity under present NJDEP regulations.
Further, upon request from the Land Use Officer, the applicant's
engineer shall submit calculations and other acceptable documentation
that the proposed improvements do not present a flood hazard or will
not increase collateral damage from diverting flood waters or creating
damaging debris when subjected to potential wave action in the velocity
zone. This documentation, if requested, shall provide certification
by the applicant's engineer that the proposed improvements conform
to FEMA construction requirements for a High Hazard Area.
[Ord. No. 499 § 1; Ord. No. 544 § 6]
a.
New Critical Facilities, as defined in the National Flood Insurance
Program (NFIP) Rules, Section 130, shall not be constructed within
the five hundred (500) year flood plain;
b.
Any presently existing critical facilities which may hereafter be
substantially improved shall be protected to the five hundred (500)
year flood level.
[Ord. No. 544 § 1; Ord. No. 557 § 6; Ord. No. 560 § 1]
For all new or substantially improved residential construction,
the first floor elevation shall be built a minimum of one (1) foot
above the base flood elevation (BFE). The BFE shall be as identified
on the current Flood Insurance Rate Map (FIRM) as prepared for or
by the Federal Emergency Management Agency (FEMA).
[Ord. No. 544 § 7]
Applicants shall obtain a Soil Erosion and Sediment Control
(SESC) Certification from the Ocean County Soil Conservation District
Office, when required, and shall submit a copy of the certification
and certified plan to the Borough Land Use Officer prior to the disturbance
of any land.
[Ord. No. 544 § 8; Ord. No. 691-2019]
a.
For the purpose of this section, the term "hardscaping" is deemed
to include any non-living components of a yard or landscape, including
paver walkways or patios and the like, asphalt, concrete, and all
else placed on or in the surface of the land. Synthetic substitutes
for natural vegetation shall not be considered a permissible hardscape
or softscape material for utilization in any yard area in the Borough
of Mantoloking.
b.
Prior to the installation of any hardscaping within the Borough,
an application for a hardscape permit, with the required fee, shall
be submitted to the Land Use Officer for approval.
c.
Accompanying the application for a hardscape permit shall be a property survey map, similar in all respects so that described in subsection 30-5.4, which identifies all proposed hardscaping and includes lot coverages and total impervious lot coverage calculations.
d.
An as-built
plan, prepared by a professional land surveyor licensed in the State
of New Jersey, shall be submitted to the Land Use Officer to verify
that the approved hardscaping was constructed in accordance with the
approved hardscape permit, and the as-built plan shall provide an
updated zoning schedule to demonstrate compliance with all applicable
bulk standards for coverage.
[Added 4-20-2021 by Ord. No. 719]
[Ord. No. 557 § 5; Ord. No. 560- § 1]
a.
Existing grade is defined as the surface elevation of the land prior
to the start of any land disturbance associated with any planned development
project.
[Ord. No. 465 § 5.1]
a.
When Applications Required. Application shall first be made to the
Land Use Officer by any person wishing to undertake any of the following:
1.
Subdivision of land;
2.
Construction of a new building or structure;
3.
Addition to, or structural alteration, of any existing structure;
4.
Change of the use of any land or change of use within any building
or structure;
5.
Interior alterations which increase the required number of off-street
parking spaces;
6.
Construction, addition or alteration of any parking area, fence,
signs, lighting, drainage facility or any other site improvement above
and/or below ground level;
7.
Alteration of the existing grade of any parcel of land;
8.
Erection of a tent pursuant to the provisions of this chapter;
9.
The construction or alteration of any public facility, structure
or building for which referral to the Planning Board for review and
recommendation is required by N.J.S.A. 40:55D-31; or
10.
Change in lot size in conjunction with or subsequent to any condemnation
or taking proceeding.
b.
Initial Review of Application by Land Use Officer.
1.
If the Land Use Officer has legal authority to approve the application
and determines that the application conforms to the requirements of
this chapter and all applicable law, the Land Use Officer shall issue
a zoning permit to the applicant. The applicant may then request that
the Construction Official issue a building permit. Prior to construction,
the applicant must obtain both a zoning permit and a building permit.
2.
If the Land Use Officer reviews the application and determines that
it should be denied, the Land Use Officer shall issue a written denial
of the application and shall advise the applicant of the applicant's
right to appeal the denial by requesting the Planning Board to issue
a development permit. Upon issuance of a development permit by the
Planning Board, the applicant may request that the Construction Official
issue a building permit.
c.
Approvals Required.
2.
Applications for construction, expansion or alteration of single-family
dwellings in a residential zone shall require submission of a site
plan; however, the plat requirements of the site plan may be waived
or modified in the discretion of the Land Use Officer.
3.
If the Land Use Officer determines that the proposed undertaking
requires a development permit, he or she shall instruct the applicant
that Planning Board approval is required.
4.
The advice of the Land Use Officer shall not be dispositive as to
the nature or number of approvals which may be required.
[Ord. No. 465 § 5.2]
At the request of an applicant, the Planning Board may grant
an informal review of a concept plan for a development for which the
applicant intends to prepare and submit an application for development.
The amount of any fees for such an informal review shall be a credit
toward fees for review of the application for development. The applicant
shall not be bound by any concept plan for which review is requested,
and the Planning Board shall not be bound by any such review.
[Ord. No. 465 § 5.3]
a.
Submission Requirements for Zoning Permits. All applications for zoning permits shall be submitted to the Land Use Officer in triplicate and shall be accompanied by at least three (3) copies of the required plat maps and supporting attachments, exhibits and other information. Applications for a development permit to be issued by the Planning Board shall be accompanied by at least fifteen (15) copies. Applications shall not be accepted by the Land Use Officer unless they are accompanied by the required fees set forth in this chapter. See Subsection 30-5.7 and Appendix C.
b.
Review by Land Use Officer. Upon receipt of an application, the Land
Use Officer shall review the application and supporting exhibits for
compliance with submission requirements. Upon completion of this review,
the Land Use Officer shall also, upon receipt of an application for
a site plan or subdivision, forward one (1) copy of each of the applications,
plat and attachments to the Borough Engineer.
c.
Engineering Review. The Borough Engineer shall review applications
for site plans and subdivisions to determine if the applications are
complete. If the application is incomplete, the Borough Engineer shall
notify the applicant of any deficiencies. If the application is complete,
the application shall be scheduled for hearing by the Planning Board.
d.
Planning Board Action. In acting upon an application for a subdivision,
variance or site plan, the Planning Board shall consider whether the
application complies with the following standards:
1.
The proposed use is consistent with the Master Plan;
2.
The details and improvement standards of the plat are in accordance
with the standards of this chapter;
3.
Adequate provision is made for safe and convenient vehicular traffic
access, circulation and parking;
4.
Adequate provision is made for safe and convenient pedestrian circulation;
5.
Ingress and egress for the site will not impede or obstruct the flow
of traffic on public streets;
6.
Adequate provision has been made for the collection and disposal
of surface water runoff and the proposed drainage facilities have
been approved by the Borough Engineer;
7.
Adequate provision has been made to screen adjoining residential
properties from any adverse effects that might result from outdoor
lighting, buildings, parking areas, or similar site features or structures
located on the site;
8.
Adequate provision has been made for compliance with the performance
standards of this chapter;
9.
Adequate provision has been made to provide structures and uses of
a quality and design which will not produce adverse effects on the
surrounding area in the Master Plan; and
10.
The proposed development is compatible with approved subdivision
and/or site plans for adjacent and nearby parcels of land.
e.
Reproduction Fee and Issuance of Development Permits. Approvals of
all applications for development permits shall not be valid until
the completion of the following procedures:
1.
The Land Use Officer shall certify that all conditions of approval
have been satisfied.
2.
In the case of applications for site plans and subdivisions, the
applicant shall submit the reproducible original of the plat for the
signature of the Chairman and Secretary or Assistant Secretary of
the Planning Board and the Borough Engineer.
3.
In the case of applications for site plans and subdivisions, the
applicant shall pay a reproduction fee equal to three ($3.00) dollars
per sheet of the plat and attachments, except that the minimum fee
shall be five ($5.00) dollars.
4.
The Land Use Officer shall cause three (3) copies of the signed plat
and attachments to be reproduced. One (1) copy shall be retained in
the files of the Land Use Officer, and one (1) copy shall be retained
in the files of the Borough Engineer.
5.
After signature and reproduction, the Land Use Officer shall return
the reproducible original of the plat and attachments to the applicant.
6.
For all applications that receive minor plat or final plat approval,
the Land Use Officer shall issue a zoning permit after the plat has
been signed. The date of the zoning permit shall be the date upon
which the approval becomes valid. The date upon which the approval
of applications related to sketch plats or preliminary plats becomes
valid shall be the date on which the plat is signed by the Chairman
and Secretary or Assistant Secretary of the Planning Board. However,
the period of time for which certain rights are conferred upon the
applicant shall commence on the date which the Planning Board granted
the approval.
f.
At the time of application, the Planning/Zoning Board secretary will
provide a copy of all site plan and/or subdivision application documents
to the Mantoloking Borough Environmental Commission for review.
[Added 4-20-2021 by Ord. No. 719]
[Ord. No. 465 § 5.4]
Prior to issuance of a certificate of completeness or scheduling
of an application for development by the Planning Board, the Land
Use Officer shall determine that the requirements of this chapter
have been met by the applicant's submission. The applicant shall complete
and submit the following:
1.
Fifteen (15) copies of the prescribed Borough development application;
2.
Fifteen (15) copies of a property survey map, prepared, signed and
sealed by a licensed New Jersey land surveyor. The map shall have
been prepared based upon a survey made within the past twelve (12)
months preceding the date of the application;
4.
Certification by the municipal Tax Collector that all taxes relating
to the subject property have been paid;
5.
Certification by the applicant's attorney that the applicant is the
owner of the lot in question and for which development approval is
being sought;
6.
Fifteen (15) copies of all plans the applicant intends to utilize
at the hearing; and
7.
Applicable fees.
The provisions of N.J.S.A. 40:55D-45.2 are hereby incorporated
by reference.
[Ord. No. 465 § 5.5]
a.
Optional Submission of Sketch Plat. Applicants are encouraged to
submit a sketch plat of a site during the early design stages containing
that information necessary to form a basis for discussion of alternatives
for development. A detailed review of a sketch plat will minimize
the necessity of major revisions in the more detailed preliminary
plat submission. Application fees paid at the sketch plat submission
stage will be deducted from the required application fees at the preliminary
plat stage if submittal of the preliminary plat is made within one
(1) year from the date of sketch plat approval.
b.
Sketch Plat Requirements. Prior to issuance of a certificate of completeness
or scheduling of a public hearing for the sketch plat before the Planning
Board, the Land Use Officer shall determine that the following have
been submitted in proper form:
1.
Application fees.
2.
Fifteen (15) copies of the plat and attachments meeting the requirements
set forth below:
(a)
The sketch plat shall be based on a land survey or a current
tax map;
(b)
The plat shall be drawn at a scale not less than one hundred
(100) feet to the inch (100':1");
(d)
Detailed information, including but not limited to the following:
(1)
A key map adequately showing the location of the site with reference
to surrounding areas and streets;
(2)
Schedule indicating acreage of tract, number of lots, and zone;
(3)
Zone boundaries;
(4)
All existing structures and streets;
(5)
Boundaries, nature and extent of environmentally sensitive areas,
including but not limited to dunes and riparian lands, including such
evidence of demarcation of such areas as may be provided by the dune
reference line, mean high-water line, and bulkhead line;
(6)
Layout of proposed site plan or subdivision.
c.
Plat Requirements.
1.
General Requirements. The plat for a site plan shall be drawn at
a scale of not less than fifty feet to the inch (50': 1") shall conform
to the provisions of N.J.S.A. 46:23-9.9 et seq., as amended and supplemented,
and shall include or be accompanied by the information specified below;
provided, however, that the information required for construction,
alteration or expansion of a single-family dwelling in a residential
zone may be modified or waived by the Land Use Officer:
(a)
Dimensions, both linear and angular, of the exterior boundaries
of the site plan or subdivision. All lots and lands reserved or dedicated
for public use shall balance and their descriptions shall close within
a limit of error of not more than one (1) part in ten thousand (10,000).
(b)
The site plan shall be based upon a current boundary survey
certified to by the applicant and prepared by a land surveyor licensed
in the State of New Jersey or recertified not less than twelve (12)
months prior to the date of application.
2.
Title Block. The title block shall appear on all sheets and shall
include:
(a)
Title of Site Plan;
(b)
Name of the subdivision, if any;
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest Borough Tax Map, the date of which shall also
be shown;
(d)
The acreage of the tract to the nearest tenth of an acre;
(e)
The names and addresses of owner and applicant so designated;
(f)
The date of the original plat and all revisions; and
(g)
The name(s), signature(s), address(es) and license number(s)
of engineer and/or land surveyor who prepared the map and made the
survey. The plat shall bear the embossed seal of the engineer and/or
land surveyor.
3.
Detailed Information.
(a)
A key map adequately showing the location of the site with reference
to surrounding areas, existing streets, the names of all such streets
and any zone boundary or Borough boundary which is within five (500)
hundred feet of the site;
(b)
The names of all owners and property lines of parcels within
two (200) hundred feet of the site, including properties across the
street;
(c)
All zone boundaries and Tax Map sheet, lot and block numbers,
existing streets and watercourses within two hundred (200) feet of
the boundaries thereof, and both the width of the paving and the width
of the right-of-way of each street, existing public easements and
municipal borders within two hundred (200) feet of the site;
(d)
All existing structures, with an indication of any which are
to be destroyed or removed, and the front, rear and side yard dimensions
of any to remain, referenced to proposed lot lines;
(e)
All existing and proposed public easements or rights-of-way
and the purposes thereof;
(f)
The existing system of drainage of the site and of any larger
tract of which it is a part, together with information on how the
applicant proposes to dispose of surface drainage;
(g)
All proposed lot lines and the areas of all lots in square feet.
The areas and dimensions specified shall be shown to the nearest hundredth
of a square foot or hundredth of a linear foot;
(h)
North arrow;
(i)
Written and graphic scales;
(j)
A corporation or partnership shall list the names and addresses
of all stockholders or individual partners owning at least ten (10%)
percent of its stock of any class or at least ten (10%) percent of
the interest in the partnership, as the case may be. This requirement
shall be followed by every corporate stockholder or partner in a partnership
until the names and addresses of the noncorporate stockholders and
individual partners exceeding the ten (10%) percent ownership criterion
have been listed;
(k)
Proposed lot and block numbers approved by the Borough Engineer;
and
(l)
Such other information as the Planning Board and/or Borough
Engineer may require or request during the review of the application
for classification and approval as a site plan.
d.
Review by Land Use Officer. Prior to issuance of a certificate of completeness or scheduling of a site plan for consideration by the Planning Board, the Land Use Officer shall determine that requirements of this chapter have been met by the applicant's site plan submission. Site plan applications shall conform to the greatest extent practical with the detailed requirements of Subsection 30-4.3, Surface Water Management.
[Ord. No. 465 § 5.6]
a.
Conditions of Approval. Any approval of an application for development
for a subdivision or site plan granted by the Planning Board shall
be subject to the following conditions being satisfied prior to the
signing of the subdivision or site plan or issuance of a development
permit:
1.
Posting of performance guarantees for the installation of any improvements
required by the Planning Board;
2.
Proof of payment of any outstanding real estate taxes or other municipal
charges;
3.
Ocean County Planning Board approval, if required and not previously
granted;
4.
Mantoloking Borough approval or waiver of sewer requirements, if
not previously granted;
5.
Payment of the required reproduction fees;
6.
Submission of additional prints of the plat map and attachments for
distribution, if required;
7.
The applicant's publication of a notice of the decision;
8.
Any other conditions which may be imposed by the Planning Board or
which may be required by Federal, State or local law;
9.
When improvements are required in public rights-of-way, evidence
of a comprehensive general liability insurance policy in an amount
not less than one million ($1,000,000.00) dollars per occurrence,
indemnifying and holding harmless the Borough of Mantoloking and its
officials, officers, agents, servants, employees, and professional
service providers from any liability for any acts of the applicant
or his agents, contractors or employees in the implementing of the
approved subdivision. The insurance policy shall provide for thirty
(30) days' notice to the Borough prior to cancellation. It shall be
a violation of this chapter for any property owner, applicant or builder
to implement the approved subdivision without current valid evidence
of insurance on file; and
10.
The Borough Engineer's approval of the Surface Water Management Plan.
b.
Plat Requirements.
1.
General Requirements.
(a)
Any subdivision presented to the Planning Board for its approval
shall be drawn, signed and appropriately sealed by an architect, professional
engineer, land surveyor and/or professional planner licensed to practice
in the State of New Jersey as each is permitted by law.
(b)
Subdivisions and site plans shall not be drawn at a scale smaller
than one inch equals fifty feet (1"=50') nor larger than one inch
equals ten feet (1"=10').
2.
Title Block. The title block shall appear on all sheets and shall
include:
(a)
The title of Subdivision or Site Plan, whichever shall apply;
(b)
The name of the development, if any;
(c)
The Tax Map sheet, block and lot number of the site, as shown
on the latest Borough Tax Map, the date of which should also be shown;
(d)
The date of the original subdivision and all revisions;
(e)
The names and addresses of the owner and applicant for development,
so designated;
(f)
The name(s), signature(s), address(es) and license number(s)
of the engineer, architect, land surveyor or planner who prepared
the plat and their embossed seal; and
(g)
If the subdivision contains more than one (1) sheet, each sheet
shall be numbered and titled.
3.
A schedule indicating:
(a)
The acreage of the tract and siting the portion of the tract
involved in the subdivision;
(b)
The floor area of the existing and proposed buildings, listed
separately;
(c)
The proposed use or uses and the floor area devoted to each
use;
(d)
The zone in which the site is located;
(e)
Proposed and required lot dimensions and front, rear and side
setbacks;
(f)
Proposed and required off-street parking spaces; and
(g)
Square footage and percentage of the site retained in unoccupied
open space.
4.
North arrow, written and graphic scales.
5.
Sufficient spot elevations (United States Coast and Geodetic Datum)
and/or contour lines to indicate the proposed system of surface drainage
and the relationship of proposed grading to the land surrounding the
site, including dune elevations if applicable.
6.
The tops of the banks and boundaries of the floodways and flood hazard
areas of all existing watercourses, where such have been delineated,
or the scarp line in the case of oceanfront property, or the limits
of alluvial soils where the boundaries of floodways and flood hazard
areas have not been determined, and/or such other information as may
assist the Planning Board in the determination of floodway and flood
hazard area limits.
7.
Paving and right-of-way widths of existing streets within two hundred
(200) feet of the site.
8.
The boundary, nature and extent of any environmentally sensitive
areas, including but not limited to dunes and riparian lands, as well
as such demarcation of such areas as may be provided by the dune reference
line, the mean high—water line, or the bulkhead line.
9.
All existing structures on the site and within two hundred (200)
feet of the site, indicating those to be destroyed or removed and
those to remain, and including the use thereof.
10.
Location, use, finished grade level, ground coverage, first floor
and other pertinent improvements.
11.
Existing and proposed public easements or rights-of-way and the purpose
thereof.
12.
Zone boundaries and tax map sheet, lot and block numbers and names
of owners of all properties within two hundred (200) feet of the site.
13.
A key map adequately showing the location of the site with reference
to surrounding areas, existing streets, the names of all such streets
and any zone boundary or Borough boundary which is within five hundred
(500) feet of the subdivision.
14.
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls. See Subsection 30-4.4.
15.
The location and size of proposed loading docks.
17.
Cross section(s) showing the composition of pavement areas, curbs
and sidewalks.
18.
Exterior lighting plan, including the location and drawn details of all outdoor lighting standards and fixtures and a notation on the plat indicating conformity or nonconformity with the minimum design standards of this chapter. See Subsection 30-4.11.
20.
Location of signs and drawn details showing the size, nature of construction, height and content of all signs. See Subsection 30-6.14.
21.
Drawn details of the type of screening to be utilized for refuse
storage areas.
22.
Floor plans and building elevation drawings of any proposed structure
or structures, or existing structures to be renovated.
23.
Proposed measures for surface water management consistent with this chapter. See Subsection 30-4.3.
24.
Approval block for signatures of the Planning Board Chairman and
the Borough Engineer.
c.
Preliminary Subdivision Approval — Time for Decision.
1.
A complete application for preliminary approval of a subdivision
shall be submitted to the Land Use Officer. The plat and any other
engineering documents to be submitted shall be required in tentative
form for discussion purposes for preliminary approval.
2.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the applicant that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed development
complies with this chapter, grant preliminary subdivision approval.
3.
Upon the submission to the Secretary of the Planning Board of a complete
application for a subdivision of ten (10) or fewer lots, the Planning
Board shall grant or deny preliminary approval within forty-five (45)
days of the date of such submission or within such further time as
may be consented to by the applicant.
4.
Upon the submission of a complete application for a subdivision of
more than ten (10) lots, the Planning Board shall grant or deny preliminary
approval within ninety-five (95) days of the date of such submission
or within such further time as may be consented to by the applicant.
5.
Failure of the Planning Board to reach a decision within the specified
time periods or extensions thereof shall result in the approval of
the subdivision as submitted.
d.
Effect of Preliminary Subdivision Approval.
1.
If the Planning Board acts favorably on a preliminary application,
a notation to that effect shall be made on the plat.
2.
Preliminary approval of a subdivision shall confer upon the applicant
the following rights for a three (3) year period from the date of
the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs, and
sidewalks; lot size; yard dimensions and off-tract improvements; except
that nothing herein shall be construed to prevent the Borough from
modifying, by ordinance, such general terms and conditions of preliminary
approval as relate to public health and safety;
(b)
That the applicant may submit for final approval on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary subdivision plat; and
(c)
That the applicant may apply for, and the Planning Board may
grant, extensions on such preliminary approval for additional periods
of at least one (1) year but not to exceed a total extension of two
(2) years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
e.
Final Approval of Subdivisions.
1.
The final plat shall be submitted to the Planning Board for final
approval within three (3) years from the date of preliminary approval.
2.
The Planning Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by this chapter; the conditions
of preliminary approval; and the standards prescribed by the "Map
Filing Law", N.J.S.A. 46:23-9.9 et seq. as amended and supplemented.
3.
Final approval shall be granted or denied within forty-five (45)
days after submission of a complete application to the Secretary of
the Planning Board, or within such further time as may be consented
to by the applicant. Failure of the Planning Board to act within the
period prescribed shall constitute final approval, and a certificate
of the Planning Board Secretary as to the failure of the Planning
Board to act shall be issued on the applicant's request, and it shall
be sufficient in lieu of the written endorsement or other required
evidence of approval, and shall be so accepted by the County Recording
Officer for the purpose of filing subdivision plats.
f.
Waiver of Requirements Authorized. When acting upon applications
for preliminary approval, the Planning Board shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of this chapter
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
g.
Effect of Final Approval of Subdivisions. The requirements applicable
to the preliminary approval first granted and all other rights conferred
upon the subdivision, whether conditionally or otherwise, shall not
be changed for a period of two (2) years after the date of final approval;
provided that in the case of a subdivision the rights conferred by
this section shall expire if the plat has not been duly recorded within
ninety-five (95) days from the date of signing of the plat, unless
within such period the applicant filed the plat with the County Recording
Officer. If the applicant has followed the standards prescribed for
final approval, and has duly recorded the plat as required in this
chapter, the approving authority may extend such period of protection
for extensions of one (1) year but not to exceed three (3) extensions.
h.
Guarantees Required.
1.
Before the recording of final subdivision plats, the Planning Board
may require, and shall accept in accordance with the standards adopted
by this chapter, for the purpose of assuring the installation and
maintenance of on-tract improvements:
(a)
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed one hundred twenty (120%) percent of the
cost of installation, for improvements it may deem necessary or appropriate
including: streets, grading, pavement, gutters, curbs, sidewalks,
street lighting, shade trees, surveyor's monuments as shown on the
final map and required by the "Map Filing Law", N.J.S.A. 46:23-9.9
et seq., water mains, culverts, storm sewers, sanitary sewers, or
other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, or public improvements of open
space; provided that no more than ten (10%) percent of the total performance
guarantee shall be required to be in cash, and the balance shall be
in the form of a bond from a bonding company, approved by the Borough
Council, or an irrevocable letter of credit, provided the letter of
credit meets the requirements of N.J.S.A. 40:55D-53.5.
The Borough Engineer shall review the improvements required
by the Planning Board which are to be bonded and shall itemize their
cost. The Borough Engineer's itemization shall be the basis for determining
the amount of performance guarantee and maintenance guarantee required
by the Planning Board. The Borough Engineer shall forward his estimate
of the cost of improvements to the applicant within thirty (30) days
of the date of receipt of an applicant's request for the estimate.
The applicant may appeal the Borough Engineer's estimate to the Borough
Council, which shall decide the appeal within forty-five (45) days
of the Borough Clerk's receipt of the appeal in writing. The applicant's
right to further appeal shall be governed by N.J.S.A. 40:55D-53.4.
(b)
The furnishing of a maintenance guarantee to be posted with
the Borough Clerk for a period not to exceed two (2) years after final
acceptance of the improvement, in an amount not to exceed fifteen
(15%) percent of the cost of the improvement, as determined by the
Borough Engineer. In the event that governmental agencies or public
utilities other than the Borough of Mantoloking will own the utilities
to be installed by operation of law or if the improvements are covered
by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Borough of Mantoloking for such utilities
or improvements.
2.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Borough
Council by Resolution. As a condition or as part of any such extension,
the amount of a performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed one hundred twenty
(120%) percent of the cost of the installation as determined as of
the time of the passage of the resolution.
3.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected and the Borough may complete such improvements
either prior to or after the receipt of the proceeds of the guarantee.
4.
Upon substantial completion of all required appurtenant utility improvements,
and the connection of the improvements to the public system, the obligor
may notify the Borough Council in writing, by certified mail addressed
in care of the Borough Clerk, of the completion or substantial completeness
of the improvements, and shall send a copy of the written notice to
the Borough Engineer. Upon receipt of the notice, the Borough Engineer
shall inspect all improvements of which such notice has been given
and shall file a detailed report, in writing, with the Borough Council,
indicating either approval, partial approval or rejection of such
improvements with a statement of reasons for any rejection. The cost
of the improvements rejected shall be set forth.
5.
The Borough Council shall either approve, partially approve or reject
the improvements, on the basis of the report of the Borough Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of the report and the action of the Borough Council not later
than forty-five (45) days after receipt of the Borough Engineer's
report. Where partial approval is granted, the obligor shall be released
from all liability pursuant to its performance guarantee except for
the improvements not yet approved; provided that thirty (30%) percent
of the amount of the performance guarantee posted may be retained
to ensure completion of all improvements. Failure of the Borough Council
to send or provide such notification to the obligor within forty-five
(45) days of the Borough Engineer's report shall be deemed to constitute
approval of the improvements and the obligor and surety, if any, shall
be released from all liability pursuant to the performance guarantee
for such improvements.
6.
If any portion of the required improvements is rejected, the Borough
Council may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth in
this section shall be followed.
7.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid the Borough Engineer for the foregoing inspection of improvements;
provided that the Borough may require of the applicant a deposit for
all or a portion of the reasonably anticipated fees to be paid to
the Borough Engineer for such inspection. The deposit shall not exceed
the greater of five hundred ($500.00) dollars or five (5%) percent
of the cost of improvements, except for extraordinary circumstances.
8.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, then the provisions of this section
shall be applied by stage or section.
i.
Filing of Subdivision Plats.
1.
Final approval of a subdivision shall expire ninety-five (95) days
from the date of signing of the plat unless within such period the
applicant filed the plat with the County Recording Officer. The Planning
Board may, for good cause shown, extend the period for recording for
an additional period not to exceed one hundred ninety (190) days from
the date of signing of the plat.
2.
The Planning Board may extend the ninety-five (95) day or one hundred
ninety (190) day period if the applicant proves to the reasonable
satisfaction of the Planning Board that the applicant was barred or
prevented directly or indirectly from filing because of delays in
obtaining legally required approvals from other governmental or quasi-governmental
entities, and that the applicant applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals as determined by the Planning Board.
3.
Final approval of a subdivision shall be evidenced by affixing to
the plat the signature of the Chairman and Secretary of the Planning
Board, or a copy of the certificate of the Secretary of the Planning
Board indicating that the Planning Board failed to reach a decision
on the subdivision application within the prescribed time. The signatures
of the Chairman and Secretary of the Planning Board shall not be affixed
until the applicant has posted the guarantees required pursuant to
this chapter.
j.
Selling Land Before Final Subdivision Approval.
1.
If, before final subdivision approval has been granted, any person
transfers or sells, or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which Borough approval is required by this chapter, such person shall
be subject to a penalty not to exceed one thousand two hundred fifty
($1,250.00) dollars; provided, however, that each lot disposition
so made may be deemed a separate violation.
3.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the applicant, his assigns
or successors, to secure the return of any deposit made or purchase
price paid, in addition to a reasonable search fee, survey expenses
and title closing expenses, if any. Any such action must be brought
within two (2) years after the date of the recording of the instrument
of transfer, sale or conveyance of the land, or within six (6) years,
if unrecorded.
k.
Certificates Showing Approval.
1.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision as of August 1, 1973, may apply
in writing to the Borough Clerk for the issuance of a certificate
certifying whether or not such subdivision has been approved by the
Planning Board. Such application shall contain a diagram showing the
location and dimension of the land to be covered by the certificate
and the name of the owner thereof.
2.
The Borough Clerk shall make and issue such certificate within fifteen
(15) days after the receipt of the written application and the fees
required by this chapter and by N.J.S.A. 54:5-14 and 54:5-15. The
Borough Clerk shall keep a duplicate copy of each certificate, consecutively
numbered, including a statement of the fee charged, in a binder as
a permanent record of his or her office.
3.
Each such certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
(a)
That there exists in the Borough of Mantoloking a duly established
Planning Board and that there is an ordinance controlling subdivision
of land adopted under the authority of the "Municipal Land Use Law
of 1975, c. 291 as amended and supplemented." (N.J.S.A. 40:55D-1 et
seq.);
(b)
Whether the subdivision, as it relates to the land shown in
the application, has been approved by the Planning Board, and if so,
the date of such approval and any extensions and terms thereof, showing
that the subdivision of which the lands are a part is a validly existing
subdivision; and
(c)
If the subdivision has not been approved, whether the subdivision
is statutorily exempt from the requirement of approval as provided
in N.J.S.A. 40:55D-1 et seq.
4.
The Borough Clerk shall be entitled to demand and receive for such
certificate issued by him or her a reasonable fee not in excess of
that provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected
by the Borough Clerk shall be paid over to the Borough.
[Ord. No. 465 § 5.7; Ord. No. 557 § 7; Ord. No. 560 § 1]
a.
Development Application Fee Schedule. The applicant, at the time
of filing an application or appeal, or as otherwise provided herein,
shall deposit with the Land Use Officer, in cash or certified check
made payable to the Borough of Mantoloking, an amount determined by
the schedule set forth in Appendix C to this chapter. The application
fees set forth in the fee schedule, other than escrow fees, shall
be nonrefundable and are for the purpose of offsetting in-house administrative
costs, exclusive of expenses for professional consultants. Applications
requiring a combination of approvals such as subdivision, site plan,
and/or variance, shall pay a fee equal to the sum of the fees for
each required approval.
b.
Escrow Fees.
1.
The escrow fees required by the fee schedule set forth in Appendix
C to this chapter shall be for the purpose of reimbursing the Borough
for direct fees, costs, charges and expenses of professional consultants
retained by or on behalf of the Borough, its boards or agencies, in
reviewing and processing development applications and in the evaluation
and design of municipal services and facilities necessary to meet
the needs of a proposed project. The term "professional personnel"
and "professional services" shall include the services of a duly licensed
engineer, surveyor, planner, attorney, realtor, appraiser, or other
expert whose services would assist in ensuring that an application
meets the performance standards of this chapter.
2.
Escrow fees required by the fee schedule shall be deposited with
the Borough at the time of filing the application for development.
Escrow fees shall be payable in cash or certified check, separate
from amounts paid for application fees. Escrow fees shall be deposited
and shall remain in an interest bearing escrow account, pursuant to
N.J.S.A. 40:55D-53.1. Escrow accounts shall be segregated as to each
application.
3.
All costs, expenses, charges and fees incurred by the Planning Board
or other agency of the Borough for professional services which are
incurred in relation to a particular project shall be charges to the
project's escrow account. If the fees for professional services exceed
the amount of the escrow fee, the applicant shall be liable for the
payment of the deficiency which shall be immediately due and owing.
If the amount of the escrow fee exceeds the actual cost of professional
services, the applicant shall be entitled to a refund of amounts remaining
in the escrow account.
4.
All fees for professional services charged to the escrow account
shall be pursuant to vouchers from the professionals stating the hours
spent, the hourly rate, and the expenses incurred. No professional
personnel submitting charges to the Borough for any services referred
to in this subsection shall charge at any higher rates or in any different
manner than would normally be charged the Borough for similar work
as ascertained by the professional's contract of employment, if any,
or by the provisions of the Borough's salary ordinance, if applicable.
5.
The Borough shall render a final written accounting to the applicant
on the uses to which the escrow account was put, and shall, on written
request, provide copies of the professionals' vouchers to the applicant.
6.
When an escrow account has been depleted by two-thirds (2/3) of the
original escrow fee, it shall be replenished by an additional one-third
(1/3) of the original escrow fee.
c.
Zoning Permit Fees.
1.
Applicants for zoning permits shall submit, with each application,
the fees as set forth in Appendix C to this chapter.[1] Applications requiring a combination of approvals such
as zoning, pool, fence and deck, shall pay a fee equal to the sum
of fees for each required approval.
[1]
Editor's Note: Appendix C, referred to herein is included
as an attachment to this chapter.
2.
In the event an application for a permit is returned to the applicant
due to insufficient information, or an application is denied for noncompliance
with the land use regulations, a resubmission fee, equal to the initial
application fees, shall be submitted to cover the administrative cost
of another review. This applies to each and every resubmission.
[Ord. No. 465 § 5.8]
The Planning Board may require an applicant to submit a bond
or other form of surety to guarantee the performance, completion,
or maintenance of certain improvements pursuant to N.J.S.A. 40:55D-53
et seq. The Planning Board may not require more than ten (10%) percent
of the total performance or maintenance guarantee to be in cash. The
Borough shall not be required to pay interest on any cash deposited
by an applicant. The Planning Board shall accept an irrevocable letter
of credit as a performance or maintenance guarantee, provided the
letter of credit meets the requirements of N.J.S.A. 40:55D-53.5 and
regulations adopted pursuant thereto.
[Ord. No. 465 § 5.9]
a.
As-built plans shall be required for all structures at various stages
of construction. Elevation certificates shall be required in certain
circumstances. All as-built plans or surveys and all elevation certificates
required by this section shall be prepared by a New Jersey licensed
professional land surveyor.
b.
First, a developer shall submit to the Land Use Officer a foundation
location as-built survey prior to commencement of any framing or other
construction upon the foundation. After review by the Land Use Officer
that the foundation location conforms with the applicable setbacks,
then, upon written notification of conformity by the Borough, the
balance of construction may proceed.
c.
Second, a developer shall submit to the Land Use Officer an elevation
certificate, required under FEMA regulations, as soon as possible
following installation of the first floor of any structure.
d.
Third, promptly upon completion of the structural framing of the
highest element of the structure, and prior to application of roof
sheathing, the developer shall submit to the Land Use Officer an elevation
certificate which will demonstrate that the finished structure will
not exceed the permitted height.
e.
Finally, all applications for the Borough's issuance of a Certificate
of Compliance shall be accompanied by an as-built survey prepared
and certified by a licensed land surveyor showing as-built surface
elevations. As-built surveys for new or altered structures shall indicate
existing finished surface elevations at all lot corners, house corners,
and all other locations necessary to show conformity with the Surface
Water Management Plan and the approved site plan, if any. The as-built
survey shall include the location of underground utilities and related
appurtenances evidenced at ground surface, and shall be updated to
locate all subsequent installations.
f.
In the case of applications which include swimming pools or spas,
the developer shall submit to the Land Use Officer an as-built survey
at the time the formwork is completed, and prior to actual pouring
of concrete or setting of a prefabricated unit. The as-built survey
shall locate the pool on the property by reference to property lines,
and shall also provide the elevation of the top of the pool.
g.
In the case of applications which include decks, the developer shall
submit to the Land Use Officer an as-built survey immediately upon
completion of the deck. The as-built survey shall locate the deck(s)
on the property by reference to property lines, and shall also provide
the elevation of the top of the deck from existing grade.
[Ord. No. 465 § 5.10]
Elevation Certificates shall be required as follows:
a.
After First Floor Installation. An Elevation Certificate, required
under FEMA regulations, shall be submitted to the Land Use Officer
as soon as possible following installation of the first floor of any
structure.
b.
Prior to Roof Sheathing. Promptly upon completion of the structural
framing of the highest element of the structure, and prior to application
of roof sheathing, the developer shall provide to the Land Use Officer,
in form satisfactory to the Land Use Officer, an Elevation Certificate
demonstrating that the finished structure will not exceed the permitted
height.
c.
Pools. Promptly at the time form work is completed, and prior to
the actual pouring of concrete or setting of a prefabricated unit
relating to pools, the developer shall provide to the Land Use Officer
an Elevation Certificate demonstrating that the finished pool will
not exceed the permitted height.
d.
Decks. Prior to the construction of a deck, the developer shall provide
to the Land Use Officer an Elevation Certificate demonstrating that
the deck to be constructed will not exceed the permitted height.
e.
All Elevation Certificates shall be prepared and sealed by either
a New Jersey licensed professional engineer or a New Jersey licensed
land surveyor.
[Ord. No. 465 § 5.11]
a.
All applicants for a Certificate of Occupancy shall simultaneously
apply for a Certificate of Compliance from the Land Use Officer.
b.
It shall be unlawful to use, or permit the use of any building or
premises, or part thereof, now or hereafter created, located or erected,
changed, converted or enlarged, wholly or partly, until a Certificate
of Occupancy has been issued by the Construction Official for the
premises.
c.
The Construction Official shall, simultaneously with the issuance
of a Certificate of Occupancy, provide a true copy of the certificate
to the Land Use Officer.
[Ord. No. 465 § 30-5.12]
a.
In addition to receipt of the Certificate of Occupancy issued by
the Construction Official, it shall be a violation of this chapter
to use, or permit the use of any building or premises, or part thereof,
now or hereafter created, located or erected, changed, converted or
enlarged, wholly or partly, until a Certificate of Compliance has
been issued by the Land Use Officer for that premises.
b.
The Certificate of Compliance shall certify that the completed construction,
building or development complies with the requirements of the Land
Use Ordinance and the requirements of the Planning Board.
c.
The Land Use Officer shall issue a Certificate of Compliance after
having reviewed all necessary documents, including but not limited
to Elevation Certificate, "As-Built" Survey, and Surface Water Management
Plan, and having found them to be in compliance with this chapter.
d.
The Land Use Officer shall not issue a Certificate of Compliance
unless all fees incurred by the Borough as a result of the application
have been paid.
e.
If the Land Use Officer determines that such structure or use, or
both, does not comply with the provisions of this chapter or the requirements
of the Planning Board, the Land Use Officer shall promptly notify
the owner in writing, setting forth in detail the areas of non-compliance.
[Ord. No. 465 § 6.1; Ord. No. 470 § 6.1; Ord. No. 544 § 9]
a.
Zoning Districts. For the purpose of this chapter, the Borough of
Mantoloking is hereby divided into the following zones, differentiated
according to use, area and bulk requirements, to be designated as
follows:
|
R1
|
Single-Family Residential
|
|
R2A
|
Single-Family Residential
|
|
R2B
|
Single-Family Residential
|
|
R3A
|
Single-Family Residential
|
|
R3B
|
Single-Family Residential
|
|
R3C
|
Single-Family Residential
|
|
R4A
|
Single-Family Residential
|
|
R4B
|
Single-Family Residential
|
|
R5A
|
Single-Family Residential
|
|
R5B
|
Single-Family Residential
|
|
R6A
|
Single-Family Residential
|
|
R6B
|
Single-Family Residential
|
|
OS
|
Open Space
|
|
B
|
Business
|
|
PU
|
Public Use
|
b.
Location of Zoning Districts. The location of the zoning districts described in Subsection 30-6.1a shall be as set forth on a Zoning Map attached as Appendix A to this chapter.[1]
[1]
Editor's Note: The Zoning Map is dated August 5, 2003. Sheets
1, 2 and 3, included as attachments to this chapter, are dated November
6, 2003.
[Ord. No. 465 § 6.2; Ord. No. 470 § 6.2]
a.
Use Regulations. In all residential zones, the following use regulations
shall apply:
b.
Bulk Requirements. The bulk requirements for each individual zone
district shall be as set forth in Appendix B included as an attachment
to this chapter. See also Subsections 30-6.7-30-6.10.
[Ord. No. 465 § 6.3; Ord. No. 470 § 6.3]
a.
b.
Bulk Requirements. The bulk requirements for the Business zone shall be as set forth in Appendix B included as an attachment to this chapter. See also Subsection 30-6.7—30-6.10.
[Ord. No. 465 § 6.4; Ord. No. 470 § 6.4; Ord. No. 544 § 10]
a.
Lots in the Open Space Zone shall be preserved from development.
No buildings or structures may be constructed in the Open Space Zone.
b.
When a lot is in an Open Space Zone and is adjacent to a lot in a
residential zone, and both lots are under common ownership, only the
lot area within the residential zone will be used for the calculation
of lot area as defined in this chapter. An exception shall apply to
lots abutting on Barnegat Bay, or on the north and south lagoons,
where the front yard is considered the area between any building and
the bulkhead. In such lots, any area of the front yard which is located
in the Open Space Zone may be included in the calculation of the lot
area.
[Ord. No. 465 § 6.5; Ord. No. 470 § 6.5; Ord. No. 472]
a.
Continuance. Except as otherwise provided in this chapter, the lawful
use of the land or a structure existing at the date of the adoption
of this chapter may be continued although such use or structure does
not conform to the regulations specified by this chapter for the zone
in which such land or structure is located; provided, however, that:
1.
A nonconforming lot shall not be further reduced in size.
2.
A nonconforming structure shall not be enlarged, extended, or increased,
horizontally or vertically, unless such enlargement, extension or
increase is conforming.
3.
A conforming enlargement, extension or increase to a nonconforming
structure shall not require the approval of the Planning Board.
4.
A nonconforming use may not be expanded.
b.
Abandonment. A nonconforming use shall be presumed to be abandoned
when there exists both (1) an intention to abandon the nonconforming
use; and (2) some overt act or failure to act indicating that the
owner does not claim or retain an interest in the nonconforming use.
c.
Restoration. If any nonconforming structure is destroyed by reason of windstorm, fire, explosion, act of God or intentional destruction, to an extent of more than partial destruction, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring of any wall, floor or roof, which has been declared unsafe by the Construction Official, to a safe condition. See also Chapter 23, Flood Damage Prevention.
d.
Reversion. A nonconforming use shall not, if once changed into a
conforming use, revert to a nonconforming use.
e.
Prior Approved Construction. Nothing herein contained shall require
any change in the plans, construction or designated use of a structure
for which a building permit has been heretofore issued and substantial
construction has taken place prior to the date of the adoption of
this Ordinance.[1]
[1]
Editor's Note: Ordinance No. 465 was adopted on October 6,
2003.
f.
Zone Boundary Changes. Whenever the boundaries of a zone shall be
changed so as to transfer an area from one zone to another zone of
a different classification, the provisions of this chapter shall also
apply to any nonconforming uses existing therein or created thereby.
[Ord. No. 465 § 6.5; Ord. No. 470 § 6.6]
Where two (2) or more nonconforming lots (as defined herein)
which front on the same street, or portions of nonconforming lots
with contiguous frontage which front on the same street are owned
by the same property owner at the time of the passage or amendment
of this chapter, (Ordinance), and if all or part of the lots do not
meet the requirements for lot width and area as established by this
chapter, (Ordinance), the lands involved shall be considered to be
an undivided parcel for the purposes of this chapter, and no portion
of the undivided parcel shall be used unless it meets lot width and
area requirements established by this chapter, nor shall any division
of the parcel be made which leaves remaining any part, width or area
below the requirements set forth in this chapter.
[Ord. No. 465 § 6.6; Ord. No. 470 § 6.7]
Lot area consists of the acreage or square footage of a lot
contained within the lot lines of the property.
Barnegat Lane, as presently constructed, incorporates a portion
of the area of some abutting lots into the paved roadway. To the extent
necessary to achieve minimum area compliance, the paved portion of
the lot shall be included in lot area and lot coverage calculations.
However, lot area covered by paved roadway infrastructure within the
lot property limits need not be included as part of the impervious
area in the calculation of lot coverage.
[Ord. No. 465 § 6.7; Ord. No. 470 § 6.8; Ord. No. 544 §§ 11, 12; Ord. No. 2013-622; Ord.
No. 660-2016; Ord. No. 691-2019]
a.
Lot Coverage by Zone. Lot coverage permitted in the Borough in all
zones shall be as set forth in Appendix B, Bulk Standards.
b.
Calculation of Lot Coverage by Zone (Bulk Standards).
1.
The calculation of lot coverage for determining compliance with the
bulk standards by zone set forth in Appendix B will include the following:
(a)
All area under a solid roof, whether or not the area is enclosed
with walls (i.e., entrance porches, balconies, breezeways, carports,
etc.);
(b)
Detached structures;
(c)
Impermeable or impervious areas;
(d)
When a permanent awning has leg supports, or extends more than
three (3) feet out from a building, the total area under the permanent
awning shall be included as lot coverage;
(e)
When a roof eave or other type of roof extension is more than
two and one-half (2 1/2) feet out from a building, the area extending
more than two and one-half (2 1/2) feet out from the building
shall be included as lot coverage.
(f)
Decks which are more than eight (8) inches above existing grade.
2.
Pavers set in sand or fine stone are considered an impervious area
and shall be calculated at eighty (80%) percent for lot coverage purposes.
3.
The calculation of lot coverage will not include the following:
(a)
Decks which are less than eight (8) inches above existing grade;
(b)
Swimming pools; or
(c)
Areas covered with gravel, crushed stone, lawns or other vegetation.
(d)
Steps and stair platforms over a permeable area up to two hundred
(200) square feet in area in both front and rear yards and seventy-five
(75) square feet in only one (1) sideyard area. The steps and stair
platforms shall be parallel to lot sidelines and unenclosed in any
manner.
(e)
Synthetic substitutes for natural vegetation shall not be utilized
for permanent surface coverage on any property in any zone within
the Borough of Mantoloking.
c.
Total Impervious Coverage for All Zones. In all events, the maximum
lot area which may be covered by buildings, structures, areas under
roofs, awnings or eaves, decks, swimming pools, or impervious areas
shall be forty-five (45%) percent. This requirement shall apply to
all lots in all zones within the Borough.
The total impervious coverage percentage for all elements included
in lot coverage under paragraph b., 1, (a) through (f) shall be added
to the total percentage of lot coverage attributable to the eighty
(80%) percent of areas covered by pavers [as set forth in paragraph
b., 2] as well as elements excluded from lot coverage under paragraph
b., 3(a) and (b) [i.e., decks which are more than eight (8) inches
above existing grade and swimming pools]. The combined total may not
exceed forty-five (45%) percent.
d.
Removal of Existing Site Improvements. In the event the existing
lot coverage on a property exceeds the allowable amount and the applicant
is proposing to replace part of the existing improvement in like kind,
or with alternate materials, or in different locations on the property,
the coverage go be removed shall be removed prior to any new construction
of proposed coverage, unless it is demonstrated to the satisfaction
of the Land Use Officer that removal of existing coverage would present
an unsafe condition to the occupants of the home.
[Ord. No. 465 § 6.8; Ord. No. 470 § 4.9; Ord. No. 2013-617 § 7; Ord. No. 669-2017 § 5]
Every part of a required yard shall be open and unobstructed
from its lowest level, except for the ordinary projection of sills,
chimneys, flues, and eaves, and except for fences, vegetation or landscaping;
provided, however, that none of the building projections shall project
into the minimum required yard areas by more than twelve (12) inches.
In Zones R-1, R-2a, R-2b, R-4A, R-RB, R-3A, R-3B, R-3C, R-4A and R-4B,
the extension of open, unenclosed and unroofed entrance porches and
stoops which do not rise above the ground floor level may extend into
any yard setback, provided that the total area of such entrance porches
or stoops which extend into such yards does not exceed one hundred
fifty (150) square feet for the front and back yards and the extension
into one (1) side yard cannot exceed one hundred (100) square feet.
In all other zones, the maximum extension is one hundred (100) square
feet for the front, back and one (1) side yard. In all cases the extension
must be located at least five (5) feet from any property line. Handicap
entrances hereafter constructed upon buildings existing as of the
adoption of this chapter may be excepted from a strict application
of this entrance porch limitation at the discretion of the Land Use
Officer and in conformity with all applicable laws and regulations,
including but not limited to the Americans with Disabilities Act (ADA).
No yard or other open space on one (1) lot shall be considered as
providing a yard or open space for a building on any other lot.
[Ord. No. 465 § 6.9; Ord. No. 470 § 6.10; Ord. No. 2013-617 § 8]
a.
Front, rear and side setbacks are established as set forth in Appendix
B to this chapter, describing such setback requirements by zoning
district.
b.
No structure shall be placed in the area between the setback line as hereinafter established and either the dune reference line/seawall line or bulkhead line, or mean high-water line, where no bulkhead line has been established or the street line, as the case may be, with the exception of dune platforms, walkways or pathways, as permitted by Chapter 11, Protection of Beaches and Dunes.
c.
The front yard setback of any new or altered building shall be not
less than the average front yard setback of existing buildings on
lots of similar depth within two hundred (200) feet of the lot which
is the subject of development, on the same frontage. However, in no
event shall the front setback be less than the scheduled minimum front
yard setback for the subject lot.
[Ord. No. 465 § 6.10; Ord. No. 470 § 6.11; Ord. No. 557 §§ 8—10; Ord. No. 560 § 1; Ord. No. 2013-617 § 10; Ord. No. 2013-633 § 4; Ord. No. 2014-638; amended 4-20-2021 by Ord. No. 719]
a.
Accessory Use.
1.
No accessory use or uses shall occupy a lot area in excess of fifty
(50%) percent of the floor area of a dwelling on the lot or in excess
of the floor area of the first floor of a dwelling having more than
one (1) floor. A private garage, to be deemed an accessory use, shall
not exceed fifteen (15) feet in height on any lot unless it is an
integral part of the house, in which case it may be two (2) stories
in height. Space above a garage which is an integral part of the house
may be used for habitation.
2.
No accessory structure shall be utilized for the purpose of habitation.
3.
The maintenance of one (1) commercial vehicle with a load capacity
not to exceed two (2) tons is a permitted accessory use; it must be
maintained in a private garage and shall not be visible from outside
the garage.
4.
The use and/or occupancy for the purpose of habitation of any boat,
mobile home, camper, trailer, storage trailer or any other vehicle
or structure, whether it is self-propelled or otherwise used or intended
to be used as a conveyance, and so designed or constructed to permit
its occupancy for the purpose of habitation, at any time within this
Borough, whether the same is parked, placed, maintained or stored
on public or private property within the Borough, and whether or not
it is parked or placed in a garage or other structure, is prohibited
as an accessory use.
[Amended 4-20-2021 by Ord. No. 719]
5.
(Reserved)
[Deleted 4-20-2021 by Ord. No. 719]
6.
A helistop, helipad, landing strip or similar aeronautical facility
is prohibited as an accessory use.
7.
Wind powered generating devices which cause sound audible beyond
the lot boundaries are prohibited either as an accessory use, or as
part of, or attached to the dwelling.
8.
Any accessory use which emits odor, smoke, dust, light, noise or
which is detrimental to the health, safety, morals or general welfare
of the neighborhood shall be prohibited as an accessory use.
9.
(Reserved)
[Deleted 4-20-2021 by Ord. No. 719]
b.
Accessory Structures.
1.
No accessory structure shall be used in whole or in part as living
or sleeping or housekeeping quarters.
2.
Detached storage sheds or other structures used primarily for the
purpose of storage shall be permitted in all zones except the Business
Zone.
3.
There may be only two (2) roofed accessory buildings on a given lot
or on combined lots.
[Amended 4-20-2021 by Ord. No. 719]
4.
Accessory structures, except for integral garages as described above,
shall not exceed eighteen (18) feet in height above existing grade.
5.
An attached garage may contain sanitary plumbing that conforms to
the Flood Damage Prevention Code.
[Amended 4-20-2021 by Ord. No. 719]
6.
A detached accessory structure may not include sanitary plumbing
facilities, i.e. toilets or urinals. It may contain sinks and/or showers
that conform to the Flood Damage Prevention Code.
[Amended 4-20-2021 by Ord. No. 719]
7.
On-grade
air-conditioning or HVAC units shall be located within the building
envelope and must be landscaped or screened with lattice, open board
fence, shrubbery and/or plantings, which still allows for the circulation
of air and dispersal of fumes, as to lessen the visual impact of the
unit(s).
[Amended 10-15-2019 by Ord. No. 696]
(a)
Mechanical and utility platforms servicing the building, including
generator platforms, shall be located within the building envelope,
not more than six inches from the principal structure and be considered
a part of the building footprint and must be landscaped or screened
with lattice, open board fence, shrubbery and/or plantings, which
still allows for the circulation of air and dispersal of fumes, as
to lessen the visual impact of the unit(s).
(b)
Roof-mounted equipment on an accessory or principal structure
must be recessed into the rooflines to entirely screen the units and
shall be located within the building envelope. The open end of the
recessed roof platform at the roofline for the mechanical equipment
shall be adequately screened with lattice, a parapet wall, or similar
architectural elements along the roof line, which will still allow
for the circulation of air and dispersal of any fumes, to lessen the
visual impact and screen the roof-mounted unit(s). No part or section
of the platforms for roof-mounted mechanical equipment shall extend
above or beyond the structure's roofline.
8.
A boat lift and/or davit may be installed, maintained and utilized as a permitted accessory structure on developed waterfront lots except for developed lots with frontage on the North and South lagoons where only a single davit for personal watercraft may be installed, maintained and utilized. A boat lift and/or davit shall not be counted in the total for allowable accessory uses or accessory structures as described in § 30-6.11b,3 above.
[Amended 4-20-2021 by Ord. No. 719]
9.
Free standing antennas which at full elevation do not exceed a total
height, including all support structures, of sixty (60) feet above
grade, utilized in conjunction with federally licensed amateur radio
equipment, are permitted on any residential lot. Antennas shall be
monopole, self-supporting, without guy wires, and may be fixed or
telescoping. Telescoping installations shall be maintained in a housed
or lowered configuration except when in actual use. Antennas shall
not be erected in any yard area. Antenna foundations or base support
structures shall be constructed in accordance with sound engineering
practice. No person shall construct or install an antenna of a total
height greater than twenty-five (25) feet without having obtained
an antenna zoning permit from the Land Use Officer. The permit application
shall include such detail, including engineering certifications, as
shall be prescribed by the Land Use Officer. The certificate shall
confirm that the design, antenna and foundation are in compliance
with applicable standards. The owner shall also obtain a building
permit prior to the initiation of construction or installation of
any antenna over twenty-five (25) feet in total height.
10.
Accessory buildings in "V" zone areas as defined on the Borough's
Flood Insurance Rate Map (FIRM), with the exception of garages, may
be constructed below the Base Flood Elevation provided that they meet
FEMA Technical Bulletin5 (2020), or the latest amended or revised
version. Garages shall also be defined as accessory structures and
when constructed in a "V" zone, shall comply with guidelines established
in FEMA Technical Bulletin 9-08, or the latest amended or revised
version.
[Amended 4-20-2021 by Ord. No. 719]
[Ord. No. 465 § 6.11; Ord. No. 470 § 6.12; Ord. No. 521 § 2]
a.
Building height shall be measured from the elevation of the crown
of the road at the center of the lot in question. The building height
of corner lots shall be measured from the elevation of the lower of
the crowns of the intersecting roads. The building height of lots
with front and rear yards abutting streets shall be measured from
the elevation of the lower of the crowns of the two (2) streets.
b.
Building height shall be limited to the maximums set forth in Appendix
B, Bulk Standards.
c.
No structure shall be erected on lots where the finished grade is
lower than the crown of the road abutting the lot.
d.
The roof structure shall consist of rafters with a uniform slope
and which bear directly on the ceiling joists of the story below the
roof, with the exception of gambrel roofs, which shall be permitted.
The pitch of the structure’s principal roof shall be not less
than six on twelve (6 on 12).
[Amended 4-20-2021 by Ord. No. 719]
e.
See Subsection 30-6.11b4 regarding the height of accessory buildings
and structures.
[Ord. No. 2013-617§ 9]
Any structure that is elevated after the adoption of Schedule
B of Ordinance 617, or as further amended, so that the finished first
floor elevation is higher than the maximum that is permitted in the
zone and has applied a previous maximum vertical building envelope
modification factor shall not be subsequently permitted to be expanded
to the maximum vertical building envelope without first obtaining
variance relief from the Planning Board.(Schedule B may be found at
the end of this chapter.)
[Ord. No. 465 § 6.12; Ord. No. 470 § 6.13; Ord. No. 544 § 13; Ord. No. 576 § 3; Ord.
No. 614]
a.
In all residential zones, fences and walls may be erected or maintained
along or adjacent to a lot line to a height not more than four (4)
feet in the required side, rear and front yards, as follows:
1.
Where rear lot lines of residential lots are abutting each other,
the rear line fencing shall not exceed six (6) feet in height.
2.
Side yard, rear yard (not abutting) and front yard fences, shall
not exceed four (4) feet in height. However, a fence not exceeding
six (6) feet in height may be erected upon the easterly boundary of
lots abutting the westerly boundary of Route 35 between Herbert Street
and Lyman Street.
Six (6) foot fences may require appropriate landscape screening
as determined by the Borough Land Use Officer or the Planning Board.
Fence height measurement shall not include finials or gate posts.
Finials shall not be higher than six (6) inches over permitted fence
height. Gate posts shall not be higher than eighteen (18) inches over
permitted fence height. A maximum of two (2) gate posts is permitted
at each entry. Lights on gate posts (one (1) on each post) are permitted
and the dimension of the light shall be included in the height measurement.
Gate posts may be used only at a gated location.
b.
Entry or garden archways shall be permitted. Entry or garden archways
shall not exceed eight (8) feet in height. Entry archways shall be
permitted in setback areas. Garden archways may be permitted within
the building envelope.
c.
Fences not within the setback, i.e., fences within the building envelope,
shall be limited to a maximum height of six (6) feet.
d.
Prior to the construction or installation of any fence within the
Borough, an application for a fence permit, with the required fee,
shall be submitted to the Land Use Officer. See Appendix C of this
chapter.
e.
Fence height will be measured from existing pre-construction grade.
No grading will be permitted to raise the level of the fence.
f.
No fence shall be erected of barbed wire, razor wire, or topped with
metal spikes, or any other sharp material or design feature.
g.
The finished side of all fences shall be constructed to face toward
the adjacent property.
h.
The application shall provide the proposed location of the fence,
its dimensions, the material of which it is to be constructed and
any other information requested by the Land Use Officer in order to
allow him or her to make an informed decision as to whether the proposed
fence is in conformity with this chapter.
i.
Upon review of the application, the Land Use Officer shall within
ten (10) days either issue a permit for construction or installation
of such fence or deny the application with written reasons provided
therefor. If the Land Use Officer fails to act upon the application
as required herein, then the permit shall be deemed to have been issued
by the Land Use Officer's inaction.
j.
No owner shall replace any existing fence without first obtaining
a fence permit from the Land Use Officer. Prior to permit closeout,
a final field inspection will be performed by the Land Use Officer
to verify that the new fencing was constructed in accordance with
the approved fence permit.
[Amended 4-20-2021 by Ord. No. 719]
k.
No owner may replace more than 16 linear feet of an existing fence
in a consecutive 12 month period, unless the fence’s height
complies with the provisions of this subsection. An owner may replace
16 linear feet or less of an existing fence in a consecutive 12 month
period at the same height of the existing fence, even if the height
does not comply with the provisions of this subsection.
[Amended 4-20-2021 by Ord. No. 719]
[Ord. No. 465 § 6.13; Ord. No. 470 § 6.14]
a.
Residential Zones. Such signs as may be customarily utilized to identify
the owner or occupant of the premises shall be permitted. In addition
to an identifying sign, a residence may display not more than one
(1) sign notifying that the premises are protected by electronic alarms,
and not more than one (1) sign advertising the premises for sale or
lease. No sale or lease sign shall exceed a total of two and one half
(2.5 S.F.) square feet in area. No alarm sign shall exceed one (1
S.F.) square foot in area. In the case of lot frontage on more than
one (1) street, multiple signs may be permitted at the discretion
of the Borough's Land Use Officer.
b.
Garage Sale Signs. A sign advertising a garage sale is permitted
provided the following requirements have been satisfied:
1.
A garage sale permit application has been filed, including an owner
affidavit stating that no property other than that of the owner shall
be for sale;
2.
The garage sale permit fee has been paid (See Appendix C of this
chapter);
3.
The Land Use Officer has granted a Garage Sale Permit;
4.
Signs do not exceed two and one half (2.5 S.F.) square feet in area;
5.
Signs are posted and removed within two (2) days from posting; and
6.
A maximum of two (2) garage sales per property, per year shall be
permitted. No sales shall be permitted on Memorial Day weekend or
on Saturdays, Sundays or holidays, from June 15th to September 15th.
c.
Personal Property Sale Signs. Personal property "For Sale" signs
may be permitted provided the personal property being sold is owned
by the real property owner. No more than two (2) personal property
sale signs per lot shall be permitted at the same time. Each sign
shall not exceed two and one half (2.5 S.F.) square feet in area.
Personal property sales shall be occasional and incidental.
d.
Business Zone. Signs not exceeding four (4 S.F.) square feet are
permitted. Such signs in the business zone shall be entirely supported
from the building structure and shall not be illuminated directly
or indirectly. There shall be only one (1) sign for each commercial
establishment in the business zone, whether for purpose of advertising
the business or for advertising sale or lease of the premises.
e.
Snipe Signs. Snipe signs shall not be permitted.
[Ord. No. 465 § 6.14; Ord. No. 470 § 6.15]
a.
Wireless telecommunications facilities shall be permitted only in
the Public Use zone on Lot 4, Block 34.
b.
Wireless telecommunications facilities shall be limited to a monopole
construction.
c.
Wireless antenna arrays shall be flush mounted to the monopole.
d.
A wireless telecommunications facility shall not exceed sixty (60)
feet in height above existing grade.
e.
All bulk regulations applicable to accessory structures shall apply
to wireless telecommunications facilities. Installation of a wireless
telecommunications facility shall be subject to such further conditions
for the public health, safety and welfare as may be required by the
Land Use Officer. Such conditions may include, for example, fencing,
screening, lighting, parking, requirements to minimize the visual
impact of the monopole, liability insurance, and compliance with FCC
rules.
[Ord. No. 527 § 1; Ord. No. 2013-617 § 9; Ord. No. 2013-629]
If two (2) or more conforming oceanfront lots located south
of Lyman Street are consolidated, then the following bulk standards
shall apply:
a.
Maximum lot coverage: sixteen (16%) percent.
b.
Maximum building height:
1.
If two (2) conforming lots are consolidated: fifty-five (55) feet
over crown of road.
2.
If three (3) or more conforming lots are consolidated and if the
finished first floor is twenty-five (25) feet or higher over the crown
of the road, the roof ridges, for not more than sixty percent (60%)
of their entire length shall not exceed the height of fifty-eight
(58) feet over crown of road. The remainder of the structure shall
not exceed fifty-five (55) feet over crown of road.
In the event that the finished first floor is less than twenty-five
(25) feet, over the crown of the road, the building height shall not
exceed fifty-five (55) feet over the crown of road.
c.
Minimum side yard setback:
For one side: twenty (20) feet.
For both side yards: Thirty-five percent (35%) of the lot frontage.
d.
Minimum rear yard setback: Two (2) times the required rear yard setback
in the zone.
e.
Buffer: A buffer area at least fifteen (15) feet in depth and landscaped
with evergreen trees (minimum height six (6) feet) and other native
species shall be provided along and street lint to minimize the visibility
of the structures from the road.
[Ord. No. 557 § 11; Ord. No. 560 § 1; Ord. No. 2014-642]
a.
Flagpoles may be installed on any property within the Borough.
b.
Flagpoles are not considered an accessory structure under the Land
Use Regulations of the Borough of Mantoloking.
c.
Flagpoles may extend fifteen (15) feet in height above the height
of the primary structure as measured at the highest roof ridge line.
d.
A flagpole shall not be permitted within ten (10) feet of any property
side line.
e.
Prior to installation of a flagpole within the Borough, an application
for a zoning permit, with the required fee, shall be submitted to
the Land Use Officer. See Appendix C.
f.
Flag poles on vacant land may not exceed 35 feet in height.
[Added 4-20-2021 by Ord. No. 719]
a.
Cannabis
Establishments. All classes of cannabis establishments, including
cannabis cultivators, cannabis manufacturers, cannabis wholesalers,
cannabis distributors and cannabis retailers are hereby prohibited
from operating in the Borough of Mantoloking. This prohibition shall
not apply to the delivery of cannabis items and supplies by a licensed
cannabis delivery service.
[Ord. No. 465 § 7]
Every applicant shall observe the requirements and principles
of site plan and land subdivision in the design as set forth in this
section.
[Ord. No. 465 § 7.1]
a.
All site plan and subdivision plats shall conform to design standards
that will encourage good development patterns within the Borough.
All site plan and subdivision plats shall conform to the Official
Map and Master Plan adopted by the Borough. The streets, drainage
rights-of-way, dune area and public walkways shown on the Master Plan
and Official Map, if any, shall be considered in determining if approval
should be granted to any site plan or subdivision plat.
b.
When an applicant seeks to utilize design standards in addition to,
or other than, those minimum requirements established herein, the
applicant is advised to consult with the Planning Board prior to beginning
a detailed design for review and approval of the proposed design standards.
Standards utilized should generally be nationally recognized and in
common use in this area. Design standards may not be utilized if they
do not have the approval of the Planning Board.
c.
Standards set forth in this section shall be taken to be the minimum
necessary to meet its purposes. The Planning Board shall see that
these minimum standards are followed and, in those cases not covered
by these standards, sufficient precautions are taken to assure that
the eventual design is conducive to the implementation of the purposes
of this chapter and the Borough's Master Plan.
d.
Site plans and subdivisions shall be completed in substantial accordance
with the application as submitted, subject however, to the provision
that if deviations may be caused by a change of conditions beyond
the control of the applicant subsequent to the date of final approval,
and if the Planning Board finds that the deviation would not substantially
alter the character of the site plan or subdivision or substantially
impair the intent and purpose of the Master Plan or this chapter,
the deviation may be permitted.
[Ord. No. 465 § 7.2]
It is recognized that in certain instances preexisting conditions
or the uniqueness of a particular proposal may require the waiver
of some of the standards set forth in this chapter. The Planning Board
may consider, and for cause shown may waive, strict conformity with
such of these detailed design standards as it deems fit. Any applicant
desiring such action shall present with his or her application for
the site plan or subdivision a list of all such waivers desired, together
with reasons supporting the requested waivers.
[Ord. No. 465 § 7.3]
a.
No site plan or subdivision shall be approved unless the Planning
Board is satisfied that, as completed, there will be adequate potable
water, drainage, shade trees, sewerage facilities and other utilities
required to provide essential services to residents and occupants
of the premises which are the subject of the application.
b.
All site plans and subdivisions shall be conditioned upon conformity with the "Surface Water Management" section of this chapter. See Subsection 30-4.3.
c.
Any site plan or subdivision may be conditioned upon the requirement
of adequate measures to protect and conserve soil from erosion by
any agent.
[Ord. No. 465 § 7.4]
a.
All streets or roads which are designed to become part of the street
or road system of the Borough of Mantoloking shall comply with the
Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21-1.1 et
seq.
b.
All streets or roads which are designed to become part of the street
or road system of the Borough of Mantoloking shall be conterminous
with existing streets at the same or greater widths. Dead end streets
shall be avoided whenever possible. If their use is unavoidable, turnarounds
having a minimum radius of fifty (50) feet shall be provided at the
street end.
c.
The right-of-way width (or cartway width) of any street shall be
determined by its street classification according to the Residential
Site Improvement Standards (RSIS), N.J.A.C. 5:21-1.1 et seq.
d.
Site plans or subdivisions which adjoin or include existing streets
that do not conform to the width requirements of this chapter shall
dedicate additional width along either one (1) or both sides of the
existing street. If the site plan or subdivision adjoins or includes
one (1) side of the existing street only, one-half (1/2) of the required
extra width shall be dedicated.
e.
Street grade shall be determined according to the RSIS, N.J.A.C.
5:21-4.19(a). Minimum street grade shall be one-half of one (0.5%)
percent. Maximum street grade shall vary by street classification
and may be increased if required by the terrain.
f.
Street intersections shall be governed by the RSIS, N.J.A.C. 5:21-4.19(b).
Street intersections shall be as nearly at right angles as possible
and in no case shall be less than seventy-five (75º) degrees.
New intersections along one side of an existing street shall, if possible,
coincide with an existing intersection on the opposite of each street.
Where provided, offsets shall be at least one hundred fifty (150)
feet between right-of-way centerlines. Sight triangles shall be in
accordance with the RSIS.
g.
No street or road shall be submitted to the Borough Council for acceptance
into the Borough road system until:
h.
Every roadway shall be curbed. The curb shall have a minimum top
width of six (6) inches, a minimum depth of eighteen (18) inches,
a minimum bottom width of eight inches (8), and shall extend six (6)
inches above the paved gutter; concrete shall have a minimum compressive
strength of four thousand (4,000) psi.
i.
All roadway excavation and embankment shall be constructed in accordance
with the standard specifications of the New Jersey State Department
of Transportation.
j.
Streets shall be named only by resolution of the Borough Council.
[Ord. No. 465 § 7.5]
Block length and width or acreage within bounding streets shall
be such as to accommodate the size of lot required in the area by
this chapter, and to provide for convenient access, circulation, control
and safety of the street traffic.
[Ord. No. 465 § 7.6]
Lot dimensions and area shall not be less than the requirements of this chapter and shall in all respects comply with this chapter. See Subsection 30-6.6.
[Ord. No. 465 § 7.7]
All applicants for site plan and subdivision approval shall
be required to furnish proof of acceptance and approval from the Borough,
County and State of an adequate sanitary sewerage collection system
as governed by applicable law or regulations including, but not limited
to, the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21-1.1
et seq, especially N.J.A.C. 5:21-6.1 et seq.
All applicants shall be required to certify in writing that
they have located the existing sewer lateral cleanouts prior to any
construction or land disturbance on the site.
All applicants shall be advised that the Borough will make the
connection to the sewer main in the street and extend the lateral
to a cleanout located on or at the property line, and all such costs
for this work shall be paid by the applicant.
[Ord. No. 465 § 7.8; Ord. No. 544 § 14; Ord. No. 669-2017 § 6]
For all site plans, subdivisions and new construction, the applicant
shall arrange with the applicable utility companies for underground
installation of the utilities (including but not limited to electric,
telephone and cable service), distribution supply lines and service
connections. No aboveground utility installation shall be permitted.
All electric and gas generators installed upon the property may be
installed within the garage and cellar or outdoors. Any generator
installed outdoors shall be located within the building envelope,
and shall not be considered an accessory structure. A generator located
outdoors shall be screened with lattice, open board fence, shrubbery
or plantings which allow the circulation of air and dispersal of fumes.
All generators shall be equipped with sound attenuation devices to
reduce the sound produced by the generator. Notwithstanding anything
contained in the Revised General Ordinances of the Borough of Mantoloking
to the contrary, for the purposes of this subsection a generator shall
be able to be operated to a maximum of sixty-five (65) decibels (dBA)
at the property line nearest the generator. See N.J.A.C. 5:21-4.12
(underground wiring) and N.J.A.C. 5:21-5.1 et seq. (water supply system).
[Ord. No. 465 § 7.9]
a.
In all site plans and subdivisions the Planning Board may require
that the applicant install concrete sidewalks with a minimum compressive
strength of four thousand (4,000) psi, along both sides of all new
streets, as well as along all State, County and municipal streets,
roads and highways where they form a boundary of the site plan or
subdivision.
b.
All sidewalks referred to herein shall be located two (2) feet from
the street, road or highway right-of-way line and within the right-of-way
limits, thereby creating a two (2) foot wide strip of land between
the sidewalk and the property line.
c.
Sidewalks shall be four (4) feet wide by four (4) inches deep. Sidewalks
in driveway areas shall be six (6) inches deep and reinforced with
six by six (6 x 6) inch welded wire mesh. All sidewalk construction
shall otherwise be in accordance with the standard specifications
of the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21-1.1
et seq., especially N.J.A.C. 5:21-4.18, and of the New Jersey Department
of Transportation.
d.
All concrete for sidewalks shall have a strength of four thousand
(4,000) psi.
[Ord. No. 465 § 7.10]
In all site plans and subdivisions all lots shall be covered with a suitable stabilizing ground cover as approved by the Borough Engineer. Suitable ground cover includes both topsoil and seeding as well as the use of indigenous sand and indigenous plantings. This requirement shall not apply to critical areas. No lawn, vegetative ground cover or densely planted shrubbery shall be permitted within ten (10) feet of any bulkhead or of the mean high water line. See Subsection 30-4.3 regarding the necessity of a Surface Water Management Plan.
[Ord. No. 465 § 7.11]
a.
Each applicant shall present with the site plan or subdivision map
a written and signed statement of the number and kind of trees to
be planted in order to provide adequate shade.
b.
Trees shall be of nursery stock quality of an approved species grown
under the same climatic conditions as to the location of the development.
They shall be of symmetrical growth, free of insect pests and disease,
suitable for street use and durable under the maintenance contemplated.
c.
The average trunk diameter measured at a height of three (3) feet
above the finished grade level shall be a minimum of one and one-half
(1-1/2) inches, depending on good nursery practice with reference
to the particular species to be planted.
d.
Trees shall be planted at maximum intervals of sixty (60) feet along
both sides of the street and not nearer than five (5) feet from any
sidewalk, curb, gutter or other right-of-way improvement as provided
for in this chapter.
e.
All planting shall be done in conformity with good nursery and landscape
practice.
f.
The species and location of trees shall be such that they will not
interfere with utility facilities.
g.
The applicant shall be responsible for watering and maintaining the
trees for two (2) years after they are planted.
[Ord. No. 465 § 8.1; Ord. No. 470 § 8.1]
If, within the one hundred twenty (120) days preceding the effective date of this chapter, a property owner or applicant has been granted a zoning permit, a development or a building permit, either pursuant to the provisions of the prior Land Use Ordinance or as a result of a decision of the Planning Board, and if the proposed development, as permitted or approved, does not conform to the requirements of this chapter, development of the lot(s) in question shall not be barred, restrained or limited by virtue of the fact that this chapter may, in any particular or detail, impose a different standard. Any action undertaken in reliance upon a permit or development approval protected or granted by or pursuant to this § 30-8, governed by the standards of the former ordinance, as repealed by this chapter, shall nevertheless be deemed conditioned upon commencement and prosecution of the proposed development in compliance with the schedule and conditions set forth below.
An applicant or property owner shall not be entitled to rely
on the protection of this transitional rule unless the applicant shall
substantially commence on-site development before November 15, 2003,
and, following commencement, shall diligently and continuously prosecute
the project to completion. Failure to substantially commence development
and to prosecute it diligently and continuously to completion shall
render the permits or approvals void to the extent that the development
does not comply with this chapter.
If any owner or applicant desires to change any permitted or
approved development for which any permits or approvals were obtained
within one hundred twenty (120) days preceding the effective date
of this chapter to render it conforming with this chapter, the owner
or applicant shall, prior to construction of the proposed change,
apply to the Zoning Official for administrative approval of such changes.
The development plan, as modified, must, in all respects, be fully
conforming to the requirements and standards of this chapter.
[Ord. No. 465 § 8.2; Ord. No. 470 § 8.2; Ord. No. 2013-617 § 11]
Except as otherwise provided in this chapter, any lot which
conformed to the bulk requirements (i.e., lot area, width and depth)
of any Land Use Ordinance in effect prior to the adoption of this
chapter, or was validly pre-existing, may be used as a lot for any
purpose permitted in the zone without the necessity of variance relief,
if (1) at the time of and since the adoption of this chapter neither
the lot owner nor any successor owners owned adjoining property which,
if combined with the subject lot, would allow the combined lots to
conform with the bulk requirements of this chapter, and (2) the lot
otherwise conforms with all requirements of its zone.
"Landlocked" lots existing at the time of adoption of this chapter,
i.e., lots which lack street frontage and require the use of an easement
for ingress and egress to the lot, shall not be made nonconforming
by the adoption of this chapter due to their failure to conform to
the frontage requirements of this chapter.
The lawful use of land or of any structure existing as of the
adoption of this chapter may be continued, although the use or structure
does not conform to the requirements of this chapter. The owner of
any such land or structure shall not be required to obtain variance
relief for the construction of any improvements which comply with
the bulk requirements of this chapter. Uses or structures rendered
nonconforming by this chapter may not, however, be enlarged or expanded,
either horizontally or vertically.
A structure which has an existing finished floor elevation which
is below the minimum or above the maximum finished floor elevation
as set out in Schedule B at the time of adoption of Ordinance 617
(April 8, 2013), or as further amended, shall be acknowledged as a
conforming structure. That conforming designation shall apply only
to the minimum/maximum first floor elevation requirements and not
to any other preexisting nonconformities.
[Ord. No. 529 § 1]
Improvements existing as of the adoption of this chapter which
are now sited to legally accommodate the superior regulatory requirements
of CAFRA may, in the event of involuntary total destruction, be reconstructed
in the same location upon the lot and shall be conforming structures
without regard to whether or not such improvements existing (and as
reconstructed) differ from the street rear yard setback requirements
of this chapter and without the necessity for relief by way of variance,
if, as of the commencement of reconstruction, the topographical conditions
upon the lot and the CAFRA requirements which necessitated the location
of the initial improvements remain in effect. Any such reconstruction
shall, in all other respects, comply with the zone standards established
herein.
[Ord. No. 465 § 8.3; Ord. No. 470 § 8.3; New]
a.
Any person, firm or corporation that violates any provisions of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined a sum not exceeding the penalties set forth in Chapter 1, § 1-5, as the court in its discretion may impose; or, if the party convicted is a natural person, the person may be imprisoned for a term not exceeding that set forth in Chapter 1, § 1-5, as the court in its discretion may impose; or the natural person may be both imprisoned and fined not exceeding the maximum limits set forth in Chapter 1, § 1-5, as the court in its discretion may impose. Each day that such violation exists shall constitute a separate offense. A violation as to each lot shall constitute a separate offense.
b.
The owner of any building or structure, lot or land, or part thereof,
and/or the tenant or occupant of any building or structure, lot or
land, or part thereof, where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of any such violation, shall each be guilty of a
separate violation, and upon conviction, shall each be liable for
the fine and/or imprisonment or both specified above.
c.
If any building or structure is erected, constructed, altered, moved
or converted; or any building, structure or land is used in violation
of, or contrary to the provisions of this chapter, the Borough may
institute an action to enjoin or any other appropriate action or proceeding
to prevent such erection, construction, reconstruction, alteration,
conversion or use.
[Ord. No. 465 § 8.4; Ord. No. 470 § 8.4]
Immediately upon adoption of this chapter, the Borough Clerk
shall file a copy of this chapter with the County Planning Board as
required by law.
[Ord. No. 465 § 8.5; Ord. No. 470 § 8.5]
If any section, paragraph, subdivision, clause or provision
of this chapter is adjudged invalid, the adjudication shall apply
only to the section, paragraph, subdivision, clause or provision so
adjudged and the remainder of this chapter shall be deemed valid and
effective.
[Ord. No. 465 § 8.6; Ord. No. 470 § 8.6]
Ordinance No. 371 and all amendments thereto are hereby repealed.
[Ord. No. 465 § 8.7; Ord. No. 470 § 8.7]
This chapter shall take effect upon its final adoption and publication
according to law.
