[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:
ACCESS AISLE
The traveled way by which vehicles enter and depart parking
spaces.
ACCESS DRIVE
A path or passage providing a means of approach or entrance
to a lot.
ACCESSORY DETACHED BUILDING
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]
ACCESSORY USE TO A BUILDING
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.
ALTERATIONS
Applied to a structure, means one of the following:
a.
Change or rearrangement in the structural supports;
b.
Change in height, width, depth or volume; or
c.
Moving a building or structure from one location or position
to another location or position.
APPLICANT
An individual or any other legal entity submitting an application
for development.
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.
AS BUILT PLANS OR SURVEYS
Plans or surveys indicating the precise description and location
of all completed improvements to a parcel of land.
ATTIC
The level(s) proximately below the roof of a building and above the second story, which may be constructed or utilized for habitation. See Subsections
30-4.7 and
30-6.12.
BALCONY
A platform that projects from the wall of a building and
is bordered by a railing, balustrade or parapet.
BOAT LIFTS AND DAVIT(S)
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.
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to limit continuously the view of and/or sound
from the site to adjacent sites or properties.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING ENVELOPE
The area of a lot within the front, rear and side setback
lines within which a building may be placed.
BUILDING HEIGHT
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.
BUILDING LINE
The front, rear, and side setback lines comprising the building
envelope beyond which a structure shall not extend unless otherwise
provided in this chapter.
BUILDING PERMIT
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.
BULKHEAD LINE
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.
BULKHEAD WALK
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.
CARTWAY
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
CELLAR
A 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.
CERTIFICATE OF COMPLETENESS
A document issued by the Borough Land Use Officer indicating
that an application for development is complete.
CERTIFICATE OF COMPLIANCE
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.
CERTIFICATE OF OCCUPANCY
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.
CIRCULATION
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.
CONSTRUCTION, COMMENCEMENT OF
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.
CORNER LOT
A lot fronting on two (2) or more streets at their intersection.
COUNTY MASTER PLAN
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.
CRITICAL FACILITIES
Such facilities as are so designated in the National Flood
Insurance Program, Section 130 or amendments thereto.
CURB
A stone, concrete or other improved boundary marking the
edge of the roadway or paved area.
DECK
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.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DEVELOPMENT
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.
DEVELOPMENT PERMIT
Written evidence of the approval of the Planning Board for
a subdivision, site plan, zoning variance, or other application for
land use.
DEVELOPMENT REGULATION
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.
DORMER
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.
DRAINAGE
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.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of storm water sewers
providing for the flow of water therein to safeguard the public against
flood damage.
DRIVEWAY
A defined paved or unpaved surface providing vehicular access
to a street. A driveway is not a road, street, boulevard, highway
or parkway.
DUNE AREA
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.
DWELLING
Any building or portion thereof designed or used exclusively
for one (1) or more dwelling units.
a.
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.
c.
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.
EASEMENT
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."
ENTRANCE PORCH
An unroofed open area attached to or part of the entrance
to a building.
EROSION
The detachment and movement of soil, sand or rock fragments
by water, wind, ice or gravity.
ESSENTIAL SERVICES
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.
EXCEPTION
A permitted departure from certain requirements for site
plan and design approval.
FAMILY
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.
FENCE
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.
FINAL APPROVAL
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.
FINAL PLAT
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.
FLOOD HAZARD AREA
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.
FLOOR AREA
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.
GAMBREL ROOF
A curb roof of the same section in all parts with a lower
steeper slope and an upper flatter one.
GARAGE
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.
GRADE
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.
HABITABLE FLOOR
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]
HABITATION
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.
HALF STORY
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]
IMPERVIOUS AREA
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.
IMPERVIOUS COVERAGE, TOTAL
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]
INTERESTED PARTY
(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.
LAND
Real property which includes improvements and fixtures on,
above or below the surface.
LAND USE OFFICER
The duly appointed Administrative Officer of the Borough
of Mantoloking.
LANDING
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]
LOT
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The acreage or square footage of a lot contained within the
lot lines of the property.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines.
LOT FRONTAGE
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.
LOT LINE
Any line designating the extent or boundary of a lot which
shall be further defined as follows:
a.
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.
b.
REAR LOT LINEThe lot line most distant and generally opposite the front lot line.
LOT WIDTH
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.
MAINTENANCE GUARANTEE
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.
MASTER PLAN
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.
MEAN HIGH WATER LINE
The line found by the intersection of a plane at the elevation
of Mean High Water with the existing slope of the beach.
MOBILE HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.
N.J.A.C.
New Jersey Administrative Code.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Ocean County pursuant to N.J.S.A. 40:27-5, as amended
and supplemented.
OFFICIAL MAP
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.
OFFSITE
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.
OFF-STREET PARKING SPACE
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.
OFF-TRACT
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.
ON-SITE
Located on the lot in question and excluding any abutting
street or right-of-way.
ON-TRACT
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.
OWNER
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.
PARKING SPACE
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.
PARTIAL DESTRUCTION
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]
PERFORMANCE GUARANTEE
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.
PLANNING BOARD
The combined Planning and Zoning Board of Adjustment of Mantoloking
Borough.
PLAT
A map or maps of a site plan or subdivision.
PORCH
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]
PRELIMINARY APPROVAL
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.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
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.
PRELIMINARY PLAT
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.
PRINCIPAL USE
The primary or main purpose for which a building lot is being
utilized.
PROFESSION
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 AREA
Public areas shall include:
a.
Public parks, playgrounds, trails, paths and other recreational
areas;
b.
Other public open spaces;
c.
Scenic and historic sites; and
d.
The sites of public buildings and structures.
PUBLIC DRAINAGE WAY
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.
QUORUM
The majority of the fully authorized membership of the Planning
Board of the Borough of Mantoloking.
RUNOFF
Rainfall or other accumulations of water that are not absorbed
directly by soil or sand.
SATELLITE DISH ANTENNA
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.
SCREENING
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.
SEDIMENTATION
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.
SETBACK
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
SETBACK LINE
The line beyond which the building envelope shall not extend.
SIDEWALK
A way for carrying pedestrian traffic.
SIGN
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.
SITE IMPROVEMENT
Any construction work on, or improvement in connection with,
residential development limited to streets, roads, parking facilities,
sidewalks, drainage structures, and utilities.
SITE PLAN
A development plan of one (1) or more lots on which is shown:
a.
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways;
b.
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;
c.
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.
SKETCH PLAT
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.
SNIPE SIGN
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.
STANDARDS OF PERFORMANCE
a.
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
b.
The standards required by applicable Federal or State Laws or
Regulations or Borough ordinances.
STOOP
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.
STORY
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.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
a.
Is an existing State, County or municipal roadway; or
b.
Is shown upon a plat heretofore approved pursuant to law; or
c.
Is approved by official action as provided by N.J.S.A. 40:55D-1
et seq.; or
d.
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.
STREET LINE
The line determining the limit between the highway rights
of the public and adjoining private property.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
SUBDIVISION
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:
a.
Divisions of property by testamentary or intestate provisions;
b.
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
c.
Consolidation of existing lots by deed or other recorded instrument;
and
d.
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.
SWIMMING POOL
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.
TENT
A collapsible shelter of fabric, flexible sheeting or film,
stretched and supported by poles and/or ropes or cables; used as a
temporary building.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
USE
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.
VARIANCE
Permission to depart from the literal requirements of this
section.
WALKWAY
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.
WIRELESS TELECOMMUNICATIONS FACILITY
A wireless communications facility or "cell site" consisting
of radio antennae and related equipment for the purpose of providing
service to wireless communications customers.
YARD
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.
YARD, FRONT
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]
YARD, REAR
A yard extending the full width of the lot between the extreme
rear line of the principal building and the rear lot line.
YARD, SIDE
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.
ZONING PERMIT
A document signed by the Land Use Officer which:
a.
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
b.
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 § 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 § 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.