[Ord. No. 1992-32 § 2.1]
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meaning herein indicated.
[Ord. No. 1992-32 § 2.2]
Wherever a term is defined in N.J.S.A. 40:55D-1 et seq., the
Municipal Land Use Law, and/or in N.J.S.A. 52:27D-119 et seq., the
Uniform Construction Code, and used in this Article, such term is
intended to include and have the meaning set forth in the definition
of such term found in said Statute and Code in addition to the definition
for such term which may be included in this Article, unless the context
clearly indicates a different meaning.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
Words used in the present tense include the future; the singular
number includes the plural and the plural, the singular; the word
"lot" includes the word "plot" and the word building includes the
word "structure;" the word "zone" includes the word "district;" the
word "occupied" includes the word "designed" and the phrase "intended
to be occupied; the word "shall" is mandatory and not directory; the
word "may" indicates a permissive action; the word "abut" shall include
the words "directly across from," "adjacent" and "next to"; and the
word "used" shall include "arranged," "designed," "constructed," "altered,"
"converted," "rented," "leased" or "intended to be used;" the term
"such as," where used herein, shall be considered as introducing typical
or illustrative, rather than an entirely exclusive or inclusive, designation
of, permitted or prohibited uses, activities, establishments or structures.
Words or word groups which are not defined below shall have
the meaning set forth in the Municipal Land Use Law or the Uniform
Construction Code or as given in Webster's Unabridged Dictionary.
[Ord. No. 1992-32 § 2.4; Ord. No. 1993-35 § 1; Ord. No. 1993-49 § 1; Ord. No. 1994-20 § 2; Ord. No. 1994-44 § 2; Ord. No. 1996-16 § 1; Ord. No. 1996-21 § 1; Ord. No. 2003-24; Ord.
No. 2003-29; Ord. No. 2004-03; Ord. No. 2004-20 § 4; Ord. No. 2005-35 § I; Ord. No. 2006-04 §§ iv -
vi; Ord. No. 2006-03 § I; Ord. No. 2007-16 §§ i, ii; Ord. No. 2009-16 § I; Ord. No. 2012-17 § 1; Ord. No. 2013-09 § 1; Ord. No. 2013-14 § 3; Ord. No. 2013-18 § 1; Ord. No. 2017-14; amended 10-18-2022 by Ord. No.
2022-14; 12-29-2023 by Ord. No. 2023-19]
Certain words, phrases, and terms in this chapter are defined
for the purpose herein as follows:
Shall mean a subordinate building, structure or use, the
purpose of which is incidental to that of a main building, structure
or use on the same lot. For example, a residential structure may have
a detached garage or storage shed, pool house and similar structures.
[Amended 12-29-2023 by Ord. No. 2023-19]
Shall mean for matters before the Borough Council, the Borough Clerk. For all matters pursuant to Subsection 40-3.3b; 40-3.3c3; and 3.3e4, 5; pertaining to minutes and other administrative matters, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board and the Secretary of the Board of Adjustment in matters involving the Board of Adjustment. In matters involving Subsection 40-3.3d13 pertaining to issuance of the official list of adjacent property owners for required notices, the Administrative Officer shall be the Borough Clerk. In matters involving Subsection 40-3.5 pertaining to records maintenance, the Administrative Officer shall be the Secretary of the Planning Board in matters involving the Planning Board, the Secretary of the Board of Adjustment in matters involving the Board of Adjustment, and the Zoning Officer in matters involving the issuance of a development permit or action taken pursuant to complaints regarding the enforcement of this chapter. In matters involving Subsections 40-3.4a, 40-3.6, 40-7.22, 40-7.23, and 40-3.4 pertaining to the issuance of a permit or enforcement of this chapter, the Administrative Officer shall be the Zoning Officer. In matters pertaining to the issuance of a certificate of default approval pursuant to Subsection 40-4.8 or the issuance of a certificate of non-conformance pursuant to Subsection 40-3.4d3, the Administrative Officer shall be the Borough Clerk. In matters pertaining to the review and certification of an application for completeness pursuant to Subsection 40-4.3, the Administrative Officer shall be the person or committee authorized by the rules of the Municipal Agency. For any other matters not otherwise indicated by ordinance, the Administrative Officer shall be the Borough Clerk or his/her designee.
Shall mean the average number of cars per day that pass over
a given point.
Shall mean an establishment devoted to sale, rental, or distribution
of pornographic books, magazines, pamphlets, photographs, motion pictures,
phonograph records and video and audio tapes devoted to the presentation
and exploitation of illicit sex, lust, passion, depravity, violence,
brutality, nudity, immorality, and other obscene subjects; etc., used
in connection with the aforementioned purposes.
Shall mean the traveled way by which cars enter and depart
parking spaces.
Shall mean a public thoroughfare not less than 20 feet wide
and not more than 40 feet in width primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
Shall mean a change or rearrangement in the structural supports;
or a change in the exterior appearance; or a change in height, width
or depth; or moving a building or structure from one location or position
to another; or changing, adding to or removing from or otherwise affecting
the exterior appearance of a building or structure.
Shall mean any machine, contrivance, or device, which, upon
the insertion of a coin, slug, token, plate, disc or key into a slot,
crevice, or other openings, or by the payment of any price, is operated
or may be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include,
but not be limited to such devices as "Pac-Man" or other types of
electronically operated game devices, skillball, mechanical games
operations or transactions similar thereto, by whatever name they
may be called and shall not include pool or billiard tables.
Shall mean dwelling unit in a multi-family building.
Shall mean a developer submitting an application for development
or for a permit required in accordance with this chapter.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
Shall mean the Municipal Planning Board unless a different
agency is designated by ordinance when acting pursuant to the authority
of N.J.S.A. 40:55D et seq.
Shall mean the land in the floodplain within the community
subject to a 1% or greater chance of flooding in any given year.
Shall mean American Society of Civil Engineers.
Shall mean American Society for Testing Materials.
Shall mean an attic which has an approved stairway as a means
of access and egress and in which the ceiling area at a minimum height
of 7 1/3 feet above the attic floor is not more than 1/3 the
area of the next floor below.
Shall mean any premises on which are held at periodic times,
auction sales of merchandise or any other personal property.
Shall mean any place where two or more motor vehicles not
in running condition, or not properly licensed or parts thereof, are
kept or stored in the open and are not being restored to operating
condition, or any land, building or structure used for wrecking or
storage of such motor vehicles or parts thereof; and including any
farm vehicles or farm machinery or parts thereof stored in the open
and not being restored to operating condition. The storage or other
use of temporarily disabled licensed vehicles in conjunction with
a motor vehicle repair garage or motor vehicle service station shall
not be considered an auto storage or wrecking yard.
Shall mean the same as "Motor Vehicle Repair Garage."
Shall mean a place of business where the primary purpose
is the sale of new motor vehicles, having a building with either showrooms,
office space, repair and/or maintenance facilities with or without
outside sales on the same business premises or immediately adjacent
thereto.
Shall mean the same as "Motor Vehicle Service Station."
Shall mean the same as "Motor Vehicle Repair Garage".
Shall mean American Water Works Association.
Shall mean any premises licensed to provide for the on-premises
consumption of alcoholic beverages, and which serves alcohol only
to attendees at functions that are booked in advance, and which is
not otherwise open to the public at large.
Shall mean any premises licensed to provide for the on-premises
consumption of alcoholic beverages, and that does not fall within
the definitions contained herein for banquet hall/catering facility,
club with liquor license, restaurant with liquor license and/or nightclub.
Shall mean a steep-faced curb intended to prevent encroachments.
Shall mean a story partly underground and having more than
1/2 of its cubic volume above the average level of the finished grade
shown on an approved subdivision or site plan. However, within a floodplain,
height shall be measured from existing grade. A basement shall be
considered a story for the purpose of determining the number of stories.
Shall mean any building which, in providing homestyle accommodations
for transients, provides rooms and breakfast only for guests, and
which is managed and occupied by the owner of the property.
Shall mean a room or portion of a structure with the principal
function of serving as sleeping quarters.
Shall mean a type of paving stone generally cut in a truncated,
pyramidal shape, laid with the base of the pyramid down.
Shall mean a mound of soil, either natural or man-made used
as a view obstruction.
Shall mean a structure utilized for advertising an establishment,
an activity, a product, a service or entertainment, which is sold,
produced, manufactured, available or furnished at a place other than
on the property on which the said sign is located.
Shall mean the length of a street between two street intersections.
Shall mean an outlet in a pipe through which water or sediment
can be discharged.
Shall mean the Board established pursuant to N.J.S.A. 40:55D-69
and this chapter. The term "Board of Adjustment" as used in this chapter
also means the Planning Board when it is acting pursuant to N.J.S.A.
40:55D-60.
See "Municipal Engineer."
Shall mean any dwelling in which more than three persons
are housed or lodged for hire with or without meals. This definition
notwithstanding, a Certificate of Occupancy is required for any dwelling
for hire.
Shall mean any waterfront facility where docking accommodation
and/or land-dry-storage accommodations for any watercraft, such as
power boats, sailboats or row boats, are offered on a rental basis
and where facilities for the building, rebuilding and general repair
of boats and marine equipment are provided. A boatyard shall be deemed
to include all auxiliary and accessory services as chandlery, gasoline
sales and rental business activities related to the primary use.
See "Municipal Engineer."
Shall mean a facility that holds a "Limited Brewery License"
or "Plenary Brewery License" in accordance with N.J.S.A. 33:1-10 provided
it meets all of the following requirements: (i) have a minimum square
footage of 7,500 square feet; (ii) have a minimum barrel system capacity
of 15 barrels of 31 fluid gallons capacity; (iii) have a minimum annual
production of 1,000 barrels of 31 fluid gallons capacity per year;
(iv) include a bottling and/or canning operation on the premises for
wholesale distribution and sales; and (v) retail sales and consumption
on premises shall not exceed 20% of the annual production of the Brewery
Facility in any one-year period.
[Ord. No. 2013-18 § 1]
Shall mean an area within a property or site, generally adjacent
to and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
Shall mean that central portion of any lot between required
yards and/or setback lines.
Shall mean a combination of materials to form a construction,
having a roof and adapted to permanent, temporary, or continuous occupancy.
It shall also be defined to include any enclosed or partially enclosed
structure and shall be construed as if followed by the "or part thereof."
Within the definition of "building," there shall be included tents,
lunch wagons, trailers, dining cars, camp cars or other structures
on wheels or having other supports.
Shall mean the total of areas determined from outside dimensions
on a horizontal plane at ground level of all enclosed and roofed spaces
of principal and accessory buildings. A pergola, awning, or similar
structure having more than a minimal area and which has the effect
of a roof structure shall be considered a roof for the purpose of
calculating building area.
Shall mean the area of a tract covered by buildings and roofed
areas. Building coverage is expressed as a percentage of the total
lot area.
Shall mean the vertical dimension measured to the highest point of a building (subject to the exceptions in Subsection 40-7.12) from the original lot grade or any revised lot grade shown on a site plan, subdivision plan, or plot plan approved by the appropriate Municipal Agency. Such revised lot grade shall not include mounding, terracing, or other devices designed to allow increased building height.
Shall mean the line beyond which a building shall not extend
unless otherwise provided in this chapter.
Shall mean a permit used for the alteration or erection of
a building or structure in accordance with the provisions of the Uniform
Construction Code.
Shall mean a building for civic, social, educational, cultural
or recreational activities of a neighborhood or community not operated
primarily for monetary gain.
Shall mean a structure in which is conducted the principal
use of the site on which it is situated. In any district, any dwelling
shall be deemed to be a principal building on the lot on which it
is located.
Shall mean the stockpiling or warehousing of materials, which
may or may not be enclosed within a structure, including, but not
limited to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
Shall mean a structure separating land and water areas, primarily
designed to resist earth pressures.
Shall mean a business establishment which does not offer
a product or merchandise for sale to the public, but offers or provides
a service, primarily administrative or clerical in nature. Business
offices are all those offices which are not professional or medical
offices and includes but is not limited to the following:
Insurance Companies.
Trade Associations.
Real Estate Companies.
Investment Brokerage Houses.
Banks and Trust Companies.
Advertising or Public Relations Agencies.
Computer and Data Processing.
Management and Consulting Services.
Adjustment and Collecting Services.
Consumer Credit Reporting Agencies.
Shall mean the diameter of a tree trunk measured in inches,
six inches above ground level for trees up to four inches in diameter
and measured 12 inches above ground level for trees over four inches
in diameter.
Shall mean a governmental acquisition of real property or
major construction project.
Shall mean a proposed schedule of all future projects listed
in order of construction priority together with cost estimates and
the anticipated means of financing each project.
Shall mean a completed water supply and/or sewerage system
put in place for future use (contingent upon expansion), rather than
to meet immediate development needs.
Shall mean a facility for the washing and cleaning of automobiles
and other motor vehicles using production line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
Shall mean a covering or roof attached to or made a part
of the principal building to allow the parking of not more than two
automobiles underneath. With the exception of supports, the carport
shall have no sides unless such sides are the exterior wall of an
adjacent building.
Shall mean 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.
Shall mean a story wholly or partly underground and having
less than 1/2 of its cubic volume above the average level of the finished
grade shown on approved subdivision or site plan. However, within
a floodplain, height shall be measured from existing grade. A cellar
shall not be considered a story for the purpose of height measurement
in determining the number of stories.
Shall mean the gap between the centerline of roads adjoining
a common road from opposite or same sides.
Shall mean a certificate issued by the Administrative Officer
after all required submissions have been made in proper form, certifying
that an application for development is complete.
Shall mean a document issued by the Zoning Officer for a
nonconforming use or structure existing at the time of passage of
the zoning ordinance or any amendment thereto which, pursuant to N.J.S.A.
40:55-48, may be continued upon the lot or in the building so occupied.
Such certificate may be obtained at the owner's request upon any change
of ownership for nonconforming use, structure or lot.
Shall mean a certificate issued upon completion of construction
and/or alteration of any building; or change in use of any building;
or change in occupancy of a nonresidential building. The certificate
shall acknowledge compliance with all requirements of this chapter,
such adjustments thereto granted by the Board of Adjustment or Planning
Board and/or all other applicable requirements.
Shall mean:
Any increase in the number of dwelling units in a structure
which would result in three or more total units;
Any change from a residential use to any non-residential use;
Any change from one nonresidential use to another nonresidential
use (excluding changes in tenancy, occupancy or ownership where the
use is the same);
Any increase in the number of individual activities, businesses
or enterprises occupying a nonresidential building or site.
Shall mean a watercourse with a definite bed and banks which
confine and conduct continuously or intermittently flowing water.
Shall mean the straightening and deepening of channels and/or
the surfacing thereof to permit water to move rapidly and/or directly.
Shall mean a State-certified facility which provides care
for children.
See "Place of Worship."
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, railways, waterways, towers, airways,
pipes and conduits, and the handling of people and goods by such means
as terminals, stations, warehouses, and other storage buildings or
transshipment points.
Shall mean any premises which is specially licensed by the
State of New Jersey to serve alcoholic beverages by virtue of its
status as a fraternal or other similarly recognized organization,
and which serves alcohol only to members of the organization, their
guests, and to attendees at functions that are booked in advance,
and which is not otherwise open to the public at large.
Shall mean a building to house a club, lodge, fraternal,
recreational, athletic, patriotic, civic or social organization not
conducted for profit and which is not an adjunct to or operated by
or in connection with a public tavern, cafe or other public place.
Shall mean a permit issued for specific development within
the coastal area of New Jersey in accordance with N.J.S.A. 13:19 et
seq. and in accordance with rules and regulations promulgated thereunder.
Shall mean the coastal wetlands designated by the New Jersey
Wetlands Act of 1970.
Shall mean the same as "Parking Area, Public." Also see "Garage,
Public" and "Vertical Parking Garage."
Shall mean a line within a tract or lot which designates
the extent of a proposed development or improvements, separate developments
within a single tract, or separate stages of development within the
tract. Proposed improvements within a tract or site plan shall be
shown for the entire tract, on both sides of any common development
line.
Shall mean a lateral serving more than one unit.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as
are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
Shall mean any community residential facility housing up
to 16 developmentally disabled persons which provides food, shelter,
and personal guidance for developmentally disabled persons who require
assistance, temporarily or permanently, in order to live independently
in the community. Such residences shall not be considered health care
facilities within the meaning of the "Health Care Facilities Planning
Act," P.L. 1977, c. 136 (C. 26:2H-1 et seq.) and shall include, but
not be limited to, group homes, halfway houses, supervised apartment
living arrangements and hotels.
Shall mean any shelter approved for a purchase of service
contract and certified pursuant to standards and procedures established
by regulation of the Department of Human Services pursuant to P.L.
1979, c. 337 (c. 30:40-1-14) providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims who temporarily require shelter and assistance
in order to protect their physical or psychological welfare.
Shall mean an application for development which complies
in all respects with the appropriate submission requirements set forth
in this chapter, including an application form completed as specified
by this chapter and the rules and regulations of the Municipal Agency,
and all accompanying documents required by ordinance for approval
of the application for development, including where applicable, but
not limited to, a site plan or subdivision plat; provided that the
Municipal Agency may require such additional information not specified
in this chapter, or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Municipal Agency. An application shall
be certified as complete immediately upon the meeting of all requirements
specified in this chapter and in the rules and regulations of the
Municipal Agency, and shall be deemed complete as of the day it is
so certified by the Administrative Officer for purposes of the commencement
of the time period for action by the Municipal Agency.
Shall mean a preliminary presentation and attendant documentation
of a proposed subdivision or site plan of sufficient accuracy to be
used for the purpose of discussion and classification.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this chapter, and upon the issuance of an
authorization thereof by the Municipal Agency.
Shall mean an ownership arrangement, not a land use; therefore,
it is allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot nor
other requirements intended to provide adequate light, air, and privacy.
A condominium is a dwelling unit which has all of the following characteristics:
The unit (the interior and associated exterior areas designated
for private use in the development plan) is owned by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space and any community
interior spaces are owned and maintained in accordance with the provisions
for open space, roads, or other development features as specified
in this chapter.
Shall mean development other than "Planned Development" as
defined herein.
Shall mean a lot on the junction of and abutting two or more
intersecting streets where the interior angle of intersection does
not exceed 135°.
Shall also be known as corporation cock. A valve which is
placed in a building's water or gas service pipe near its junction
with the public water or gas main.
Shall mean a composite of the comprehensive plan or master
plan for the physical development of Monmouth County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
Shall mean the Planning Board of the County of Monmouth as
defined in N.J.S.A. 40:27-6.1.
Shall mean an unoccupied open space on the same lot with
a building, which is bounded on three or more sides by building walls.
Shall mean the same as "Lot Coverage."
Shall mean a sediment-producing highly erodible or severely
eroded area.
Shall mean a local street with only one outlet and having
the other end for the reversal of traffic movement.
Shall mean a structure designed to convey a water course
not incorporated in a closed drainage system under a road or pedestrian
walk.
Shall mean a vertical or sloping edge of a roadway. See also
"Belgian Block Curb" or "Barrier Curb."
Shall mean the officially established grade of the curb in
front of the midpoint of the front lot line.
Shall mean supportive or protective bedding materials placed
underneath piping.
Shall mean a licensed, organized and supervised day-time
facility used for recreational purposes.
See "Child Care Center."
Shall mean calendar day(s).
Shall mean construction or improvements which will not affect
existing drainage, circulation, relationship of buildings to each
other, landscaping, buffering, lighting, and other considerations
of site plan approval, in that the existing facilities do not require
upgraded or additional site improvements.
Shall mean the permitted number of dwelling units per gross
acre of land to be developed including streets, easements and open
space portions of a development.
Shall mean the relative size or magnitude of a major flood
of reasonable expectancy, which reflects both flood experience and
flood potential and is the basis of the delineation of the floodway,
the flood hazard area, and the water surface elevations.
Shall mean guidelines that provide a general framework for
sound planning.
Shall mean standards that set forth specific improvement
requirements.
Shall mean a man-made or natural water collector facility
designed to collect surface and sub-surface water in order to impede
its flow and to release the same gradually at a rate not greater than
that prior to the development of the property, into natural or man-made
outlets.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension or
use of land, for which permission may be required pursuant to N.J.S.A.
40:55D-1 et seq. and this chapter.
Shall mean a document signed by the Zoning Officer (1) which
is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building, and (2) which
acknowledges that such use, structure or building complies with the
provisions of this chapter or variance therefrom duly authorized by
a Municipal Agency.
Shall mean this chapter, official map ordinance, or other
municipal regulation of the use and development of land, or amendment
thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean experiencing a disability which originates before
18 years of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism, or other
conditions found by the Commissioner of Human Services to give rise
to an extended need for similar services.
Shall mean any part of the territory of the Borough which
is designated as a zone on the official zoning map (on file in the
Borough Clerk's office) and to which certain uniform regulations and
requirements of this chapter apply.
Shall mean a projection from a roof that contains a window.
Dormers shall be located upon compliance with the following conditions:
Dormers must have sloped roof lines at a minimum of 18 1/2
degrees (4/12 pitch ratio); and
All dormers, except stairwells, must be stepped back a minimum
of 24 inches from the exterior wallface beneath it; and
With the exception of a dormer above a stairwell, no single
dormer may exceed 10 feet in length; and
The width of a dormer above a stairwell shall be restricted
to only that width necessary to afford the required headroom over
the stairway at the upper-most floor;
The total length of all dormers shall not exceed 20% of the
total main roof perimeter lineal footage.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen non-point 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.
Shall mean any component of the drainage system.
Shall mean the lands required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage in accordance
with N.J.S.A. 58:1 et seq., State Water Policy Commission.
Shall mean the system through which water flows from the
land, including all watercourses, water bodies and wetlands.
Shall mean the same as "Restaurant, Drive-In/Take-Out".
Shall mean an area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
Shall mean a manhole provided for inspection and maintenance
of sewers where an incoming sewer is considerably higher than the
outgoing.
Shall mean a vertical pipe used to convey sewage from a higher
to a lower elevation.
See Capped System.
Shall mean any building or portion thereof designed or used
exclusively for one or more permanent or seasonal dwelling units.
Shall mean a building or part thereof having cooking, sleeping,
and sanitary facilities designed for, or occupied by one family, and
which is entirely separated from any other dwelling unit in the building
by vertical walls, or horizontal floors, unpierced, except for access
to the outside or a common cellar.
See "Dwelling, Multiple."
Shall mean a building designed for, or containing three or
more dwelling units, which are entirely separated from each other
by vertical walls or horizontal floors, unpierced, except for access
to outside or a common cellar.
Shall mean a detached building designed for or containing
one dwelling unit.
Shall mean a detached building designed for, or containing
two dwelling units, which are entirely separated from each other by
vertical walls, unpierced, except for access to the outside or a common
cellar.
Shall mean an interest in land that entitles the holder of
the easement to a specific limited use or enjoyment of the property.
Shall mean the lower border of a roof that joins or overhangs
the wall.
Shall mean public, parochial or private elementary or secondary
schools, duly licensed by the State of New Jersey, attendance at which
is sufficient compliance with the compulsory education requirements
of the State. Summer day camps shall not be considered as educational
uses or accessories to such uses. Duly accredited colleges and universities
shall also be considered educational uses.
Shall mean the giving of money and/or services to a charitable
or philanthropic organization.
Shall mean the municipal environmental commission, a municipal
advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
Shall mean features, natural resources, or land characteristics
that are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
Shall mean for the purposes of this chapter, a compilation
of studies, reports, documents and finding of fact prepared by an
applicant as part of and for a development application. In areas subject
to the provisions of N.J.S.A. 13:10 et seq., Coastal Area Facility
Review Act, an E.I.S. must be submitted in accordance with Section
7 of said rules and regulations.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice, and/or gravity.
Shall mean a deed, bond, money or a piece of property delivered
to a third person to be delivered by him to the grantee only upon
fulfillment of a condition.
Shall mean underground gas, electrical, telephone, telegraph,
steam or water transmission or distribution systems, including mains,
drains, sewers, pipes, conduits, cables; and including normal above
ground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals, and hydrants, and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by public utilities or municipal
or other governmental agencies or for the public health or safety
or general welfare.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean the excavation, removal, replacement, repair,
construction, or other disturbance of any portion of the public improvements
within a public street or drainage right-of-way. These public improvements
include, but are not limited to curb, sidewalk, driveway, and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guard rails,
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. Excavation work shall also include the construction, addition,
installation, or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
Shall mean that site plan and/or subdivision approval shall
not be required prior to issuance of a Development Permit for the
following:
Construction, additions, or alterations related to single-family
or two-family detached dwellings or their accessory structures on
individual lots.
Any change in occupancy which is not a "Change in Use" (as herein
defined).
Individual applications for accessory mechanical or electrical
equipment, whose operation and location conforms to the design and
performance standards of this Chapter, and whose installation is on
a site already occupied by an active principal use for which site
plan approval is not otherwise required.
Sign(s) which installation is on a site already occupied by
a principal use for which site plan approval is not otherwise required
and provided such sign(s) conform to the applicable design and zoning
district regulations of this Chapter.
Construction or installation of essential services.
Division of property and conveyances so as to combine existing
lots, which are not considered to be subdivisions in accordance with
the definition of "Subdivision" contained within this Article.
Demolition of any structure or building not listed on the State
or National Register of Historic Places or identified as a historic
site on the Master Plan, provided that the demolition does not involve
changes to the site outside the limits of the structure or building
nor does it create any nonconformity.
The redevelopment and/or reconstruction of any structure destroyed, in total or in part, by reason of wind, fire, water incursion, exposure or other act of God, or public enemy, provided that such redevelopment and/or reconstruction shall be limited to the extent of the previous nonconformity, upon application to, and approval from, the Site Plan Advisory Board in accordance with the procedures set forth as Subsection 40-3.1o and Subsection 40-7.3e.
[Ord. No. 2017-14]
Shall mean any building which, or any portion of which is
used as a workshop for one or more employees where a product is manufactured,
processed or assembled, including the making, altering, repairing,
finishing or bottling, canning, cleaning, laundering or dyeing of
any article or thing in whole or in part.
Shall mean one or more persons living together as a single
entity or nonprofit housekeeping unit, as distinguished from individuals
or groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
Shall mean a structure constructed of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
serving as an enclosure, barrier, or boundary.
Shall mean a fence in which 2/3 of the area, between grade
level and the top cross member (wire, wood or other material), is
open.
Shall mean the official action of the Planning Board taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
Shall mean the final map of all or a portion of the site
plan or subdivision which is presented to the Planning Board for final
approval in accordance with the provisions of this chapter, and which
is approved shall be filed with the proper county office.
Shall mean a roof having a continuous horizontal surface
with a minimal pitch and arranged to be essentially parallel to the
floor plane.
Shall mean that portion of the floodplain not designated
as the floodway.
Shall mean the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazard
and risk premium zones applicable to the community.
Shall mean the official report in which the Federal Insurance
Administration has provided flood provides as well as the Flood Hazard
Boundary Floodway Map and water surface elevation of the base flood.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean the relatively flat area adjoining any natural
or man-made stream, pond, lake, river, or any other body of water
which has been or may be hereafter covered by floodwater.
Shall mean a development permit established by the Borough pursuant to Chapter 35, Flood Damage Prevention, of the Revised General Ordinances of the Borough of Belmar.
Shall mean the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than 0.2 foot.
Shall mean a story of a building.
Shall exclude all floors below the first or ground floor
which are permitted to include a half-bathroom consisting of one toilet
and one sink, however if such area(s) are developed with a kitchen,
bedroom(s) and/or full bathroom(s) they shall be included in the calculation
of floor area.
Shall include any carport area that has habitable space above
it.
Shall not include the floor area of a mechanical room for
heaters, boilers, hot-water heaters, air-conditioning related equipment
and similar equipment, provided that all such mechanical equipment
is contained in the mechanical room, and the floor of the mechanical
room is above the flood height, and further, the maximum amount to
be excluded from the floor area for the mechanical room shall be no
more than 64 square feet; additionally, a second mechanical room is
permitted on any floor above the first mechanical room and the maximum
amount to be excluded from the floor area for the second mechanical
room shall be no more than 36 square feet.
All areas with a floor-to-ceiling height of 15 feet or more
shall be doubled for the purpose of calculating floor area.
For the purpose of determining required parking only, areas
used for parking will not be considered floor area.
Shall not include the floor area of nonhabitable attics,
except that 100% of attics or top stories of a building which meets
the definition of a half-story as defined herein shall be included.
Shall mean the sum of the gross floor area of buildings or
structures compared to the total area of the site. Floor area ratio
is expressed as a percentage of the total lot area. The maximum floor
area ratio permitted is determined by the applicable Schedule of the
Development Regulations.
Shall mean the sum of the area of all floors of all principal
or accessory buildings, including parking levels, basements and cellars,
measured between the outside faces of exterior walls or from the centerline
of walls common to two structures or uses. For the purpose of determining
required parking, areas used for parking will not be considered floor
area.
Shall mean the sum of the areas of the floor or floors of
all principal and accessory buildings measured between the inside
faces of exterior wall or from the centerline of walls common to two
structures or uses.
Shall mean the sum of the gross horizontal areas of the floor
or several floors of a commercial building which are used for display
of merchandise to the general public and including any areas occupied
by counters, showcases, or display racks, and any aisles, entrance
ways, arcades or other such public areas.
Shall mean the cleaning out of debris and sediment from pipes
by force of moving liquid, usually water.
Shall mean a funeral home or mortuary operated by a licensed
mortician in accordance with N.J.S.A. 27:23-1 et seq. A funeral home
or mortuary shall not be considered a "Professional Office."
Shall mean a double sloping roof that forms a gable at each
end.
Shall mean a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles
of the occupants of the main building to which the garage is accessory.
Shall mean an enclosed building used as an accessory to the
main building which provides for the storage of no more than three
motor vehicles and in which no occupation, business, or service for
profit is carried on.
Shall mean a building or part thereof, other than a private
garage, used for the storage, care or repair of motor vehicles for
profit, including any sale of motor vehicle accessories, or where
any such vehicles are kept for hire. The rental of storage space for
more than two motor vehicles not owned by occupants of the premises
shall be deemed a public garage.
Shall mean the same as "Motor Vehicle Service Station."
Shall mean any substance which results from the directed
alteration of genetic material through intervention in genetic processing
including techniques whereby recombinant DNA is produced and made
to function as an organism.
Shall mean the Borough Council of Belmar.
Shall mean the existing undisturbed elevation of land, ground,
and topography pre-existing or existing on a lot, parcel or tract
of land at the time of the adoption of this chapter.
Shall mean the completed surface of lawns, walks and roads
brought to grade(s) as shown on official plans or designs relating
thereto or as existing if no plans or designs have been approved.
Shall mean all words, letters, numbers, symbols, colors,
shapes, etc. which appear on the sign face and are intended to convey
a visual message. Total graphic content coverage of a sign shall be
measured by computing the area of the smallest geometric figure which
can encompass all words, letters, figures, logos and other elements
of the sign message.
Shall mean the same as "Floor Area, Gross."
Shall mean low-growing plants or sod that in time form a
dense mat covering the area in which they are planted preventing soil
from being blown or washed away and the growth of unwanted plants.
Shall mean any sign supported by either uprights affixed
to the ground or supported by a base affixed to the ground.
Shall mean a shallow channel usually set along a curb or
the pavement edge of a road for purposes of catching and carrying
off runoff water.
Shall mean any room within a building used for the purpose
of sleeping, eating, preparation of food, offices, selling of merchandise,
public gatherings, or assembly lobbies. All habitable rooms within
a dwelling unit shall have natural light, ventilation, and heat. Garages,
bathrooms, closets, storage areas, hallways, stairs are not considered
to be habitable rooms.
Shall mean including, but not limited to, inorganic mineral
acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus,
selenium and arsenic and their common salts; lead, nickel, and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive materials.
Shall mean a facility or institution, whether public or private,
engaged principally in providing services for health maintenance organizations,
diagnosis, or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended care facility,
skilled nursing home, nursing home, intermediate bio-analytical laboratory
(except as specifically excluded hereunder) or central services facility
serving one or more such institutions but excluding institutions that
provide healing solely by prayer and excluding such bio-analytical
laboratories as are independently owned and operated, and are not
owned, operated, managed, or controlled, in whole or in part, directly
or indirectly, by any one or more health care facilities, and the
predominant source of business of which is not by contract with health
care facilities within the State of New Jersey and which solicit or
accept specimens and operate predominantly in interstate commerce.
Shall mean for the purposes of this chapter a line showing
the upper inland wetlands boundary (a biological "high water line")
on a series of maps prepared by the State of New Jersey Department
of Environmental Protection and Energy in accordance with the provisions
of "The Wetlands Act," N.J.S.A. 13:9A-1 et seq. said line being established
from photographs, and each of these maps being on file in the Office
of the County Clerk, Monmouth County, New Jersey.
Shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing which
has been formally designated in the master plan as being of historical,
archaeological, cultural, scenic or architectural significance.
Shall mean any use customarily conducted for profit entirely
within a dwelling and carried on by the inhabitants thereof, which
use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, and does not change the character thereof,
provided that no article is sold or offered for sale except such as
may be produced by members of the immediate family residing in the
dwelling; and provided, further, that no machinery or equipment used
which will cause electrical or other interference with radio and television
reception in adjacent residences, or cause offensive noise or vibration.
Such activities as clinics, hospitals, barber shops, beauty parlors,
tea rooms, tourist homes, animal hospitals, nursery schools, and music
or dancing schools other than for individual instruction shall not
be deemed home occupations under the terms of this chapter.
Shall mean an incorporated, nonprofit organization operating
under a recorded land agreement through which: a) each lot owner,
condominium owner, or stockholder under a cooperative development
or other owner of property or interests in the project shall be a
member; b) each occupied dwelling unit is subject to a charge for
a proportionate share of the expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
association or the Municipality; and c) each owner and tenant has
a right to use a common property.
Shall mean any sign which is greater in width than in height.
Shall mean a building or series or buildings, primarily for
treatment of patients to be housed on the premises, and providing
health, medical and surgical care for sick or injured human beings,
including as an integral part of the building, such related facilities
as laboratories, out-patient departments, clinics, training facilities,
central service facilities and staff offices. The definition "Hospital"
shall not include nursing homes, medical care centers and the like.
Shall mean a building which contains a minimum of 10 rental
guest rooms each having its only access from a central interior corridor
or individual outside entrance which are designed or are intended
to be used, let or hired out for compensation. Each rental unit shall
consist of at least two rooms, one of which shall be a private bathroom.
The hotel facility shall have on-site, full-time management. This
definition shall also mean and include any motor hotel or motel which
is commonly regarded as a motor hotel or motel, as the case may be,
provided that this definition shall not be construed to include any
building or structure defined as a multiple dwelling in this chapter,
registered as a multiple dwelling with the New Jersey Commissioner
of Community Affairs (as required under the Hotel and Multiple-Dwelling
Health and Safety Law, N.J.S.A. 55:13A-1 et seq.) and, occupied or
intended to be occupied as such.
Shall mean the person or persons occupying a dwelling unit.
Shall mean the properties, distribution, and circulation
of water.
Shall mean Illuminating Engineering Society.
Shall mean the surface area of a lot covered by principal
and accessory buildings and structures. Impervious areas shall include
all parking areas, automobile access driveways and storage areas,
patios, walkways, decks, and all other impervious surfaces (except
as indicated on the zoning district requirements) which do not allow
for the direct percolation of rain and storm water. For the purpose
of this chapter, permeable interlocking concrete or brick pavement
constructed in accordance with the Interlocking Concrete Paving Institute
(ICPI) Technical Specification #18: Construction of Permeable Interlocking
Concrete Pavement Systems, loose stone and/or gravel (when used to
develop driveway or walkway areas) and unroofed boardwalk type decks
which allow for some percolation of storm water shall be calculated
as only 50% impervious, provided the subsurface beneath the permeable
paver be free draining material of a minimum thickness of 12 inches.
[Amended 10-18-2022 by Ord. No. 2022-14; 12-29-2023 by Ord. No. 2023-19]
Shall mean a surface that has been compacted or covered with
a layer of material so that it is highly resistant to infiltration
of water.
Shall mean a body of water, such as a pond, confined by a
dam, dike, floodgate or other barrier.
Shall mean an area for the temporary location of motor vehicles
which has been modified from its natural condition by excavation,
fill or structures.
Shall mean a street curbed and paved in accordance with the
standards set forth in this chapter for new streets or, alternately,
a street which has been improved to the standards specified by the
Borough Engineer.
Shall mean any man-made, immovable item which becomes part
of, placed upon, or is affixed to, real estate.
Shall mean (a) in a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and (b) in the case of a civil
proceeding in any court or in an administrative proceeding before
a Municipal Agency, any person, whether residing within or without
the Municipality, whose rights to use, acquire, or enjoy property
is or may be affected by any action taken under N.J.S.A. 40:55D-1
et seq., or whose rights to use, acquire or enjoy property under this
chapter or under any other law of this State or of the United States
have been denied, violated or infringed by an action or failure to
act under N.J.S.A. 40:55D-1 et seq. or this chapter.
Shall mean a lot bounded by a street on one side only.
Shall mean a street or road that is developed wholly within
a parcel under one ownership and meeting all municipal standards.
Shall mean a street used for internal vehicular circulation
within a tract or development. Major internal streets are those internal
streets which have an entrance and/or exit on the access street or
right-of-way frontage of the tract. Internal streets may be private
and not dedicated or deeded to the public, subject to approval by
the Planning Board and by the Municipal Engineer.
Shall mean a raised area usually curbed, placed to guide
traffic, separate lanes, or used for landscaping, signing, or lighting.
Shall mean Institute of Transportation Engineers.
Shall mean a projection of stone, brick, wood or other material,
but generally formed of piles, serving as a protection against the
encroachment or assault of the waves and currents.
Shall mean the use of any area and/or structure keeping,
or abandonment of, junk, including scrap metal, glass, paper, cordage,
or other scrap material, or for the dismantling, demolition or abandonment
of structures, automobiles or other vehicles, equipment and machinery,
or parts thereof. The term "Junk Yard," as herein defined, includes
automobile salvage or wrecking yards. The storage or other use of
temporarily disabled licensed vehicles in conjunction with a motor
vehicles repair garage or motor vehicle service station shall not
be considered a junk yard.
Shall mean any lot, building, structure or premises on which
dogs or cats or any other type of domesticated or wild animals are
boarded or bred for hire or sale.
Shall mean an area used or designed to be used for the preparation
of food.
Shall mean natural or man-made bodies of water which normally
contain or retain water for extended periods. Ponds are bodies of
water with a surface area, measured under ten-year storm conditions,
of two acres or less. Lakes are bodies of water with a surface greater
than two acres, measured under ten-year storm conditions. The shoreline
of a lake or pond is measured at the perimeter of the surface of water,
under ten-year storm conditions, as certified by the applicant's licensed
land surveyor, and approved by the Municipal Engineer.
Shall mean any real property including improvements and fixtures
on, above or below the surface.
Shall mean any activity involving the clearing, grading,
transporting, filling of land, and any other activity which causes
land to be exposed to the danger of erosion.
Shall mean the orderly, planned arrangement of shrubs, ground
cover, flowers, trees and other plant material, including incidental
use of berms and decorative mulches, gravel and similar materials
to produce an aesthetically pleasing appearance, to satisfy ground
stabilization requirements, and/or to provide a visual screen, all
arranged and implemented in accordance with good landscaping and horticultural
practices.
Shall mean pipes conducting sewage from individual buildings
to larger pipes called trunk or interceptor sewers that usually are
located in street rights-of-way.
Shall mean fabrication, assembly or processing of goods or
materials, or the storage of bulk goods and materials where such activities
or materials create no hazard from fire or explosion, or produce toxic
or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
Shall mean an off-street space or berth on the same lot with
a building, or contiguous to a group of buildings, for the temporary
parking of a commercial vehicle while loading or unloading merchandise
or materials. Such space must have clear means of ingress and egress
to a public street at all times.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A "Lot" is land occupied or to be occupied
by a building, structure and permitted accessory uses or by a dwelling
and its accessory uses together with such open spaces as are specified
and required under the provisions of this chapter, having not less
than the minimum area required by the chapter for a lot in the zone
district in which such a lot is situated, and having the required
frontage on a street. For developments encompassing more than one
contiguous lot, "Lot" shall mean the same as "Tract."
Shall mean the acreage and/or square footage of a lot contained
within the lot lines of the property.
Shall mean the impervious area of a lot. Lot coverage includes
the area of a lot covered by buildings and structures and accessory
buildings or structures and is expressed as a percentage of the total
lot area. For the purpose of this chapter, total lot coverage shall
include 50% of all permeable interlocking concrete pavement systems,
stone, or gravel surface area for the driveway or parking of automobiles.
This calculation excludes the use of stone in association with landscape
plantings or vegetative beds.
[Amended 10-18-2022 by Ord. No. 2022-14]
Shall mean the shortest distance between the front line and
a line drawn parallel to the front lot line through the midpoint of
the rear lot line, provided that, in triangular lots having no rear
lot line, the distance shall be measured to the midpoint of a line
parallel to the front lot line, which shall be not less than 10 feet
in length measured between its intersections with the side lot lines.
On corner lots, one side lot line shall be considered a rear lot line
for the purpose of determining lot depth only.
Shall mean the distance measured on a horizontal plane between
the side lot lines measured along the street line. The minimum lot
frontage shall not be less than the required lot frontage except that
on curved alignments with an outside radius of less than 500 feet,
the minimum distance between the side lot lines measured at the street
line shall not be less than 60% of the required minimum lot frontage.
Where the lot frontage is so permitted to be reduced, the lot width
at the building setback line shall not be less than the required minimum
frontage of the zone district. For the purpose of this ordinance,
only continuous uninterrupted lot lines shall be accepted as meeting
the frontage requirements.
Shall mean a lot other than a corner lot.
Shall mean any line designating the extent or boundary of
a lot which shall further be defined as follows:
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
Shall mean the lot shape requirement specified by the schedule
of zoning district regulations. (See Schedules 40-5-1A and 40-5-1B)
Shall mean the distance between the property side lines measured
along the front yard setback line. Unless otherwise specified, lot
width shall equal minimum lot frontage.
Shall mean any lot at the junction of and fronting on two
or more intersecting streets.
Shall mean a household whose income is within the current
moderate or low income limits for the Borough's housing region as
established by the N.J. Council on Affordable Housing.
Shall mean any security that is acceptable to the governing
body to assure the maintenance of approved installations by developers.
Shall mean any security which may be accepted by the Borough
for the maintenance of any improvements required by N.J.S.A. 40:55D-1
et seq. and this chapter, including but not limited to surety bonds,
letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5,
and cash.
Shall mean any site plan not classified as a minor site plan
or exempt site development.
Shall mean any subdivision not classified as a "Minor Subdivision."
Shall mean an inspection chamber whose dimensions allow easy
entry and exit and working room for a person inside.
Shall mean a method for calculating the hydraulic capacity
of a conduit to convey water.
Shall mean 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.
Shall mean the treatment or processing of raw products, and
the production of articles or finished products from raw or prepared
materials by giving them new forms or qualities.
Shall mean any waterfront facility wherein berthing spaces
for any and all watercraft or boats are provided.
Shall mean any facilities or activity associated with fishing
or boating, either for sport or for commercial gain.
Shall mean any establishment devoted to the providing of
massage services to persons not in connection with any medical, osteopathic,
chiropractic, prescribed therapeutic or athletic or calisthenic activities.
Shall mean a composite of one or more written or graphic
proposals for the development of the municipality as set forth in
and adopted by the Planning Board pursuant to Section 19 of P.L. 1975,
c. 291 (C.40:55D-28).
Shall mean the Mayor of Belmar or as provided in Section
14 of P.L. 1975 c. 291 (C) 40:55D-23, the Mayor's designee to serve
in the absence of the Mayor, at the Mayor's pleasure, during the Mayor's
official tenure.
Shall mean that portion of a divided highway separating the
traveled ways of traffic proceeding in opposite directions.
Shall mean a person afflicted with mental disease to such
an extent that a person so afflicted requires care and treatment for
his own welfare, or the welfare of others, or of the community, but
shall not include a person who has been committed after having been
found not guilty of a criminal charge or unfit to be tried on a criminal
charge by reason of insanity.
Shall mean a place where one or more persons are employed
or work, in which goods, wares or merchandise are offered for sale
and includes a building, shed or structure or any part thereof, occupied
in connection with such establishment.
Shall mean a development plan for one or more lots which
is (are) subject to development which:
Requires site plan approval; and
Meets the requirements set forth in Article 12 of this chapter
and contains the information needed to make an informed determination
as to whether the requirements established by this chapter for approval
of a minor site plan have been met; and
Meets the following conditions:
The construction of drainage facilities is not required either
on or off-site.
New building construction and/or building additions do not exceed
1,000 square feet of gross floor area.
The proposed development does not increase parking requirements
by more than five spaces.
The proposed development conforms to the performance standards
set forth in Article 7.
The proposed development will not require the issuance of a
CAFRA Permit.
The proposed development does not involve planned development.
The proposed development does not involve any new street or
the extension of any existing street.
The proposed development does not involve the extension or construction
of any off-tract improvement, the cost of which is to be prorated
pursuant to Section 30 of P.L. 1975, c. 291 (C.40:55D-42).
The proposed development does not involve the disturbance of
5,000 square feet or more of ground area.
Shall mean a subdivision of land for the creation of not
more than two lots plus the remainder of the original lot provided
such subdivision does not involve, (1) a planned development, (2)
any new street, or (3) the extension of any off-tract improvement,
the cost of which is to be prorated pursuant to Section 30 of P.L.
1975, c. 291, (C.40:55D-42) and provided that the Municipal Agency
or the Subdivision Committee of the Planning Board finds that all
the following conditions have been met:
That curbs and sidewalks have been installed or that the developer
agrees to install and post performance guarantees for curbs and sidewalks,
or that curbs and sidewalks are not required due to specific conditions
in the area.
That the subdivision does not require the extension of municipal
facilities at the expense of the municipality.
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns of the basin in which the lots
are situated.
That the subdivision will not adversely affect the development
of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with any provision or
portion of the Master Plan, Official Map or this chapter or that appropriate
variances have been obtained (or must be obtained as a condition of
approval).
That no portion of the lands involved have constituted a part
of a minor subdivision within three years preceding the application.
Shall mean Municipal Land Use Law.
See "Manufactured Home."
Shall mean a building or portion of a building or land, or
portion thereof, which is not primarily devoted to the retail sale
of gasoline or new or used automobiles or trucks, in which auto body
work or the overhauling or replacement of automobiles, automobile
parts, or any portion thereof, is conducted as a business for profit.
Shall mean any area of land, including structures thereon,
which is used for the retail sale of gasoline or any other motor vehicle
fuel and oil and other lubricating substances, including any sale
of motor vehicle accessories and which may include facilities for
lubricating, washing or servicing of motor vehicles, except that auto
body work of any nature and retail sales unrelated to motor vehicle
uses shall be prohibited.
Shall mean a layer of wood chips, dry leaves, straw, hay,
plastic, or other materials placed on the surface of the soil around
plants to retain moisture, prevent weeds from growing, hold the soil
in place, and aid plant growth.
Shall mean any building containing three or more dwelling
units. Dwelling units within multi-family buildings are classified
as multi-family dwellings.
Shall mean the Planning Board or Board of Adjustment when
acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
Shall mean the licensed N.J. Professional Engineer employed
by the Municipality to render general engineering services and advise
both the Planning Board and Board of Adjustment.
Shall mean N.J.S.A. 40:55D-1 et seq. (Chapter 291, Laws of
N.J., 1975, as amended).
Shall mean the Borough of Belmar.
Shall mean structures for which the "start of construction"
commenced on or after the effective date of this chapter.
Shall mean the use of any space primarily for the business
of providing entertainment, whether or not serving food and/or liquor,
and providing music either live or prerecorded and with more than
300 square feet of open space for dancing and the congregating of
customers. For purposes of this chapter, a use that is licensed for
the on-premises sale of alcoholic beverages shall be deemed to constitute
the "use of any space primarily for the business of providing entertainment,"
and therefore a nightclub, if the amount of revenues derived from
the sale of alcoholic beverages is more than twice the amount of revenues
derived from the sale of food prepared for consumption on premises.
Shall mean pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include,
but not be limited to, pollutants from agricultural, silvicultural,
mining, construction, subsurface disposal and urban runoff sources.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reasons of such adoption,
revision, or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision, or amendment of this chapter, but which fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
Shall mean a school designed to provide daytime care of three
or more children from two to six years of age inclusive, and operated
on a regular basis.
Shall mean the specific purpose for which land or a building
is used, designed or maintained.
Shall mean the same as "Certificate of Occupancy."
Shall mean located outside the lot lines of the lot in question,
but within the property limits (of which the lot is a part) which
is the subject of a development application. Off-site areas shall
include any contiguous portion of a street or right-of-way.
Shall mean a temporary storage area for a motor vehicle that
is directly accessible to an access aisle, and that is not located
on a dedicated street right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean the map, with changes and additions thereto, adopted
and established, from time to time, by resolution of the Board of
Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
Shall mean a map adopted by ordinance by the Governing Body
pursuant to Article 5 of P.L. 1975, c.291.
Shall mean located on the lot in question.
Shall mean a temporary storage area for a motor vehicle which
is located on a dedicated street right-of-way.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall be defined as all areas of open space which is open
to the general public and/or customers of the business in a nightclub,
bar, tavern, or any premises covered by a liquor license. The calculation
of open floor space shall include any stage, or similar area for live
entertainment and/or any area used for a D.J. booth or similar area
for the playing of prerecorded music, or for dancing. The calculation
of open floor space shall also include areas occupied by tables and/or
chairs which are moved to create open floor space areas for a stage,
dancing and/or for the congregating of customers. The calculation
of open floor space shall not include bathroom facilities, kitchen
facilities, a bar(s), permanent serving stations or similar facilities
or aisle ways between tables.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets and other improvements that are designed to be incidental
to the natural openness of the land.
Shall mean a designated area on the premises of a retail
food establishment or restaurant, but outside the principal building,
and where patrons may sit at tables while consuming food and beverages
ordered from and served by a waiter or waitress.
Shall mean a designated area on the premises of a retail
food establishment, but outside the principal building, and where
patrons may sit at tables while consuming foods, soft drinks, ice
cream, and similar confections purchased from the retail food establishment.
Shall mean any individual, family group, firm, association,
syndicate, copartnership or corporation having sufficient proprietary
interest in land which is the subject of a development proposal.
Shall mean an open area used for the open storage of motor
vehicles and includes any driveways and access drives, as well as
accessory incidental structures or improvements such as curbing, drainage,
lighting, and signing.
Shall mean an area, other than a street, intended for the
same use as a private garage, is accessory to a residential or nonresidential
building or use and not used by the general public.
Shall mean a paved open area, other than a street or other
public way, used for the parking of motor vehicles and available to
the public, whether for a fee, free, or as an accommodation of clients
or customers.
Shall mean the same as "Garage, Public."
Shall mean an off-street space provided for the parking of
a motor vehicle exclusive of driveways or access drives, either within
a structure or garage or in the open or as may be otherwise defined
in this chapter. Parking spaces shall be nine feet wide, 20 feet long
and shall be deemed to be required space on the lot on which it is
situated and shall not be encroached upon or reduced in any manner.
No parking space shall be placed or located in any required open space
for a front or side yard except in a parking area constructed in accordance
with an approved site plan, an approved application to the Zoning
Officer, or in a driveway.
Shall mean for purposes of notice any applicant for development,
the owners of the subject property and all owners of property and
Government Agencies entitled to notice under Section 7.1 of P.L. 1975,
c. 291 (C.40:55D-12).
Shall mean an area of land not used for receiving and storing
material where the grounds have been surfaced with construction material
such as brick, stone, cement or lumber, which does not project above
grade level and which is entirely uncovered by a roof or any superstructure.
See "Cartway."
Shall mean any establishment showing to patrons in private
or semi-private viewing areas the live or photographic or magnetically
recorded depictions of persons engaged in the presentation and exploitation
of illicit sex, lust, passion, depravity, violence, brutality, nudity,
immorality and other obscene subjects.
Shall mean any security, which may be accepted by the Borough
including but not limited to surety bonds, letters of credit under
the circumstances specified in Section 16 of P.L. 1991, c. 256 (C.40:55D-53.5)
and cash.
See "Standards of Performance."
Shall mean any individual, corporation, partnership, association
or other group of persons and includes any agency of the municipality,
county, State or Federal government or any other government.
Shall mean an act by which skills of one person are utilized
for the benefit of another, provided no function involves manufacture,
cleaning, repair, storage or distribution of products or goods except
for cleaning and repairing of clothing and similar personal accessories.
Shall mean any material that permits full or partial absorption
of storm water into previously unimproved land.
Shall mean any substance or mixture of substance labeled,
designed, or intended for use in preventing, destroying, repelling,
sterilizing or mitigating any insects, rodents, nematodes, predatory
animals, fungi, weeds and other forms of plant or animal life or viruses,
except viruses on or in living man or other animals. The term "pesticide"
shall also include any substance or mixture of substances labeled,
designed or intended for use as a defoliant, desiccant, or plant regulator.
Shall mean oil or petroleum of any kind and in any form including
crude oils and derivatives of crude oils, whether alone, as sludge,
oil refuse or oil mixed with other wastes.
Shall mean a structure extending into water for use as a
landing place or promenade.
Shall mean a building or group of buildings, congregations,
public worship including cathedrals, chapels, churches, meeting houses,
mosques, synagogues, temples, and similarly used buildings, as well
as accessory uses such as Sunday schools, social halls, parish houses,
and similar type buildings.
Shall mean planned unit development, planned residential
development, residential cluster, planned commercial development or
planned industrial development.
Shall mean the municipal Planning Board established pursuant
to Section 14 of P.L. 1975, c. 291 (C.40:55D-23). The term Planning
Board as used in this chapter also means the Board of Adjustment when
it is acting pursuant to Section 14 of P.L. 1975, c. 291 (C.40:55D-23).
See "Municipal Engineer."
Shall mean a map or maps of a subdivision or site plan which
is used interchangeably in this chapter with "Plan."
Shall mean the map or maps of all or a portion of the development
prepared and submitted to the approving authority for final approval.
Final plat shall also include and be synonymous with the term final
site plan.
Shall mean the plat prepared and submitted to the approving
authority as a part of the application for preliminary approval. Preliminary
plat shall also include and be synonymous with the term preliminary
site plan.
A one-story, ground level detached accessory structure with
a closed roof permitted to serve a lawfully existing and approved
in-ground swimming pool on a residential property to be used for recreational
or storage purposes associated with the residential use of the property.
Only one pool house is permitted per residential property. In addition,
the pool house shall comply with the accessory structure requirements
for the zone in relation to the bulk requirements, location in the
yard, lot coverage and setback. A pool house is not permitted to have
heating and/or cooking equipment, nor contain air conditioning, but
may contain a half bath with limited hot water capacity.
A deed restriction containing the following language to be
filed with the Monmouth County Clerk's office: "The grantor and grantee
specifically represent and warrant that this deed contains a deed
restriction whereby the pool house use will not contain heating and/or
cooking equipment, nor contain air conditioning, bedroom and/or living
quarters, kitchen or be designed for cooking or sleeping, but may
contain a half bath with limited hot water capacity. This deed restriction
is intended to prohibit conversion to a habitable space."
[Added 12-29-2023 by Ord. No. 2023-19]
Shall mean an unenclosed, roofed entrance, piazza or porteicochere
which is attached to the principal building.
Shall mean the conferral of certain rights pursuant to Sections
34, 36, and 37 of P.L. 1975 c. 291 (C.40:55D-46; C.40:55D-48; and
C.40:55D-49) prior to final approval after specific elements of a
development plan have been agreed upon by the Planning Board and the
applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form, its scope, scale, relationship to its site and immediate environs
and exterior colors and finishes.
Shall mean a lot or tract of land or any combination thereof
held under a single ownership or control.
Shall mean the primary or principal purpose for which a building,
structure or lot is used.
Shall mean the office of a member of a recognized profession,
which shall only include the office of doctors or physicians, psychologists,
dentists, optometrists, ministers, architects, professional engineers,
professional planners, land surveyors, lawyers, artists, authors,
attorneys, musicians, accountants, and insurance agents and real estate
brokers with five or fewer brokers or sales agents.
Shall mean a building, the occupancy of which is limited
to professional offices.
Shall mean that use which is not specifically allowed or
permitted in a particular zone and for which the granting of a variance
of N.J.S.A. 40:55D-70D would be necessary, in order to provide that
use in that particular zone.
Shall mean a sign other than a facade sign suspended from
or attached to a building or wall in a manner which is other than
parallel to the said building or wall, including a sign hung under
the canopy.
Shall mean any sign which is attached to a building or other
structure and extended beyond the line of the building or structure
or beyond the surface of that portion of the building or structure
to which it is attached.
Shall mean (1) public parks, playgrounds, trails, paths and
other recreational areas; (2) other public open spaces; (3) scenic
and historic sites; and (4) sites for schools and other public buildings
and structures.
Shall mean a Master Plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean 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
non-point pollution.
Shall mean an open space area conveyed or otherwise dedicated
to the Borough, a Municipal Agency, Board of Education, Federal, State,
or county agency, or other public body for recreational or conservational
uses.
Shall mean the use of land or buildings by the governing
body of the Borough or any officially created authority or agency
thereof.
Shall mean a ground sign whose maximum height exceeds eight
feet.
Shall mean the majority of the full authorized membership
of a Municipal Agency.
Shall mean any natural or artificially produced substance
or combination of substances which emits radiation spontaneously.
Shall mean a method of runoff calculation.
Shall mean the replenishment of underground water reserves.
Shall mean facilities and open space areas set aside, designed
and/or improved, and used for recreation purposes, and may include,
but shall not be limited to, playfields, golf courses, playgrounds,
swimming pools, tennis courts, and other court games, tot lots, parks,
picnic areas, nature preserves, boating and fishing areas and facilities.
Shall mean a vehicular type unit primarily designed as temporary
living quarters for recreational, camping, or travel use, which either
has its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper,
and motor home.
Shall mean the removal of certain materials from the municipal solid waste stream in order to reduce the flow of solid waste to sanitary landfill facilities and aid the conservation of valuable resources. See Subsection 40-8.5 of this chapter for regulations regarding recycling and resource recovery.[1]
Shall mean an area to be developed as a single entity according
to a plan containing residential housing units which have a common
or public open space area as an appurtenance.
Shall mean the number of dwelling units per gross acre of
residential land including areas used for streets, easements and/or
open space portions of a development.
Shall mean the resulting number of dwelling units which may
be or are developed on a site or lot after public access easements,
streets, required open space, wetlands, and floodways are deducted.
Shall mean any establishment, however designated, at which
food is sold for consumption on the premises, normally to patrons
seated within an enclosed building, which building complies with the
restaurant requirements as to restroom facilities under the Uniform
Construction Code, unless exempt therefrom. A restaurant shall not
be deemed to include any retail food establishment that sells food
primarily for take-out or consumption on the premises but outside
the confines of the principal building, or in automobiles parked upon
the premises. A restaurant also shall not be deemed to include any
snack bar at a public or community playground, playfield, park.
Shall mean any premises licensed to provide for the on-premises
consumption of alcoholic beverages, and which at all times meets all
of the following elements: (a) the gross proceeds derived each quarter
from the sale of alcohol are less than the gross proceeds derived
during that same quarter from the sale of food. (For purposes of this
section, gross proceeds shall be deemed to be those amounts reported
to the State of New Jersey in connection with the licensed premises
on excise and sales tax returns); (b) the proprietor of the licensed
premises does not engage in off-premises advertising with respect
to the price of its alcoholic beverages, or with respect to any special
offers or features, (e.g., "Happy Hour") that relate to the sale or
service of alcoholic beverages; (c) no "cover" or other minimum fee
is charged to enter the premises at any time, provided, however that
this provision shall not be construed to apply to fixed price meals,
or complimentary glasses of champagne on holiday occasions such as
Thanksgiving or New Year's Eve; (d) patrons are not at any time checked
at the door for identification as to their age; (e) on-premises consumption
of alcoholic beverages shall be limited to patrons seated at tables
and/or patrons seated in a bar area. The bar area referenced within
this definition shall be designated and approved by the local licensing
authority.
Shall mean any restaurant or retail food establishment with
a drive-in window.
Shall mean (1) the further division or relocation of lot
lines of any lot or lots within a subdivision previously made and
approved or recorded according to law or (2) the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does
not include conveyances so as to combine existing lots by deed or
by other instrument as long as only one use exists on the combined
lot.
Shall mean an establishment where the majority of the patrons
purchase prepared foods, soft drinks, ice cream, and similar confections
for take-out or consumption off-premises or on the premises but outside
the confines of the principal building, or in automobiles parked upon
the premises, regardless of whether or not, in addition thereto, seats
or other accommodations are provided for the patrons.
Shall mean a structure more than 18 inches high erected between
lands of different elevation to protect structures and/or to prevent
the washing down or erosion of earth from the upper slope level.
Shall mean a pond, pool or basin used for the permanent storage
of water runoff.
Shall mean a facing of stone, concrete, etc., built to protect
a scarp, embankment, or shore structure against erosion by wave action
or current.
Shall mean a strip of land occupied or intended to be occupied
by a street, crosswalk, railroad, road, electric transmission line,
gas pipeline, water main, sanitary or storm sewer main, shade trees,
or for another special use.
Shall mean the same as "Boarding or Lodging House."
Shall mean naturally occurring or man-made accumulations
of sand in ridges or mounds landward of the beach.
Shall mean a parabolic reflector antenna which is designed
for the purpose of receiving signals from and/or transmitting signals
to a transmitter relay located in planetary orbit.
Shall mean the same as "Educational Use."
Shall mean a structure or planting consisting of fencing,
berms, and/or evergreen trees or shrubs providing a continuous view
obstruction within a site or property.
Shall mean Soil Conservation Service.
Shall mean a wall or embankment to resist encroachment of
the sea.
Shall mean the same as "Accessory Use."
Shall mean solid material, both mineral and organic, that
is in suspension, is being transported or has been moved from its
site or origin by air, water or gravity as a product of erosion.
Shall mean a barrier or dam built at suitable locations to
retain rock, sand, gravel, silt or other materials.
Shall mean the transport and depositing of solid material
by water.
Shall mean an underground system with a septic tank used
for the decomposition of domestic wastes.
Shall mean 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.
Shall mean the line beyond which a building shall not extend
unless otherwise provided in this chapter.
Shall mean any pipe conduit used to collect and carry away
sewage or storm water runoff from the generating source to treatment
plants or receiving streams.
Shall mean a tree in a public place, street, special easement,
or right-of-way adjoining a street.
See "Lot Shape Requirement."
Shall mean an integrated development of such uses as retail
stores and shops, personal service establishments, professional and
business offices, banks, post offices, restaurants, and auditoriums,
housed in an enclosed building or buildings, utilizing such common
facilities as customer parking, pedestrian walkways, truck loading
and unloading space, utilities and sanitary facilities and having
a minimum total floor area of 20,000 square feet.
Shall mean the graded part of the right-of-way that lies
between the edge of the main pavement (main traveled way) and the
curbline.
Shall mean a paved path provided for pedestrian use and usually
located at the side of a road within the right-of-way.
Shall mean a designated area of the public sidewalk, where
patrons may sit at tables while consuming food and beverages ordered
from and served by a waiter or waitress.
Shall mean the triangular area intended to remain free of
visual obstructions to prevent potential traffic hazards formed by
two intersecting street lines or the projection of such lines which
border a corner property, and by a line connecting a point on each
such line located a designated distance from the intersection of the
street lines.
Shall mean any writing (including letter, work or numeral),
pictorial presentation (including illustration), decoration (including
any material or color forming an integral part of other sign elements
or used to differentiate such decoration from its background), emblem
(including device, symbol or trademark), flag (including banner, balloon
or pennant), or any other device, figure, logo, or similar character
which:
Is located and maintained as a freestanding structure or any
part of a structure, or located and maintained on a building or other
structure or device by being placed, installed, attached, affixed,
fastened, pasted, posted, painted, printed, nailed, tacked or in any
other manner thereon or thereto; and
Is used to announce, direct attention to, identify or advertise;
and
Is visible from outside any building or structure; and
Is illuminated or non-illuminated.
Shall mean the area made available by a sign structure for
the purpose of displaying a message.
Shall mean the horizontal distance between a sign measured
from the nearest portion of the sign, and any front, side or rear
lot line.
Shall mean any sign that is displayed upon, against or through
any material or color surface or backing that forms an integral part
of such display and differentiates the total display from the background
against which it is placed.
Shall mean any word, letter, emblem, insignia, figure or
similar character, or group thereof, that is neither backed by, incorporated
in or otherwise made part of any larger display area.
Shall mean that portion of a building fronting on a public
roadway or public parking facility extending from the finished grade
of the building to the bottom of the lowest second floor windowsill
or to a height of 20 feet whichever is less, and along the entire
length of the building which fronts the public street or public parking
facility.
Shall mean any plot, parcel or parcels of land.
Shall mean a development plan of one or more lots on which
is shown (1) the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes, and waterways, (2) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices, and (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to the provisions of this chapter requiring review and approval
of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37
et seq.
Shall mean the examination of the specific development plans
for a lot. Wherever the term "site plan approval" is used in the chapter,
it shall be understood to mean a requirement that the site plan be
reviewed and approved by the Borough.
See "Concept Plan."
Shall mean all unconsolidated mineral and organic material
of any origin which overlies bedrock and which can be readily excavated.
Shall mean a mixture of Portland cement and locally available
soil. It serves as a soil stabilizer.
Shall mean the Freehold Soil Conservation District, a governmental subdivision of the State which was organized in accordance with the provisions of Chapter 24, Title 4, N.J.S.A. 4:24-2 et seq.
Shall mean a plan which fully indicates necessary land treatment
measures, including a schedule of the timing for their installation,
which will effectively minimize soil erosion and sedimentation. Such
measures shall be equivalent to or exceed standards adopted by the
New Jersey State Soil Conservation Committee and administered by the
Freehold Soil Conservation District in conformance with N.J.S.A. 40:55-120.
Shall mean garbage, sludge, refuse, trash, rubbish, debris
or other discarded solid materials.
Shall mean turf, or earth (soil), strengthened usually by
the mixing of cement or lime with the original material to achieve
increased strength, thereby reducing shrinkage and movement.
Shall mean the Standard Specifications for the Road and Bridge
Construction as promulgated and revised by the New Jersey Department
of Transportation.
Shall mean standards, requirements, rules and regulations
adopted by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating
noise levels, glare, airborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke, and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipality or (2) required
by applicable Federal or State laws or municipal ordinances.
Shall mean the plan established pursuant to P.L. 1985, Chapter
398 designed for use as a tool for assessing suitable locations for
infrastructure, housing, economic growth and conservation in the State
of New Jersey.
Shall mean the commission established pursuant to P.L. 1985,
Chapter 398.
Shall mean a provision for storage of storm water runoff
and the controlled release of such runoff during and after a flood
or storm.
Shall mean a provision for storage of storm water runoff.
Shall mean that portion of a building between a floor and
ceiling.
Shall mean that portion of a building under a gable, hip,
gambrel or sloping roof, that has the line of intersection of the
roof and wall face not more than three feet above the floor level
and in which space the possible floor area with head room of five
feet or less occupies at least 40% of the total floor area of the
story directly beneath. The minimum roof slope must be at least 30°
(7/12 pitch ratio).
Shall mean any street, highway, avenue, boulevard, road,
parkway, viaduct, alley, drive, or other way which is an existing
State, County or Municipal roadway, or (2) which is shown upon a plat
heretofore approved pursuant to law, or (3) which is approved by official
action as provided by N.J.S.A. 40:55D, or (4) which is shown on a
plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of a Planning Board and grant to
such Board the power to review plats; and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
Shall mean man-made, above-ground items that are usually
found in street rights-of-way, including benches, kiosks, plants,
canopies, shelters, and phone booths.
Shall mean the mechanical and utility systems within a street
right-of-way such as hydrants, manhole covers, traffic lights and
signs, utility poles and lines, parking meters and the like.
Shall mean the conceptual arrangement of streets based upon
function. A hierarchical approach to street design classifies streets
according to function, from high traffic arterial roads down to streets
whose function is residential access. Systematizing street design
into a road hierarchy promotes safety, efficient land use, and residential
quality.
Shall mean the line which separates the publicly owned or
controlled street right-of-way from the private property which abuts
upon the street; as distinct from a sidewalk line, curbline, or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Borough of Belmar, the street line shall be considered to be the proposed
right-of-way line for the street. Where a definite right-of-way has
not been established, the street line shall be assumed to be at a
point 25 feet from the center line of the existing pavement.
Shall mean roadways with a high volume of traffic flow.
Shall mean any street that collects traffic from local streets
and channels it into the system of arterial streets.
See "Improved Street."
Shall mean any street which provides access to lots and carries
traffic having a destination or origin on the street itself.
Shall mean any street which provides access to lots and carries
traffic having a destination or origin on the street itself.
Shall mean a street that has its only ingress and egress
at two points on the same subcollector or collector street.
Shall mean a street that does not have an all-weather pavement.
An unimproved street could be constructed of loose gravel, any type
of loose stone, or generally, any type of material that is not solidified
and will not repel water or maintain a stable cross-section. In the
event that the Construction Official or other Borough official has
any question as to whether a road is improved, unimproved, or potential
drainage problems exist with regard to the issuance of a development
permit, building permit or certificate of occupancy, such official
shall contact the Borough Engineer for his/her evaluation and written
determination.
Shall mean any activity which removes or significantly disturbs
vegetated or otherwise stabilized soil surface, including clearing
and grubbing operations.
Shall mean the same as "Alterations."
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land and including, among other things:
display stands; fences and walls, gasoline pumps, gates and gate posts,
mobile dwellings, outdoor bins, pergolas, platforms, pools, porches,
reviewing stands, sales stands, signs, stadiums, staging, standpipes,
tennis courts, tanks of any kind, tents, towers of any kind, including
radio and television towers and antenna trellises. The word "structure"
shall be construed as though followed by the words "or part thereof."
Shall mean any person or legal entity commencing proceedings
under this chapter to effect the subdivision of land hereunder.
Shall mean the division of a lot, tract, or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this act, if no new streets are created: (1)
divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size, (2)
divisions of property by testamentary or intestate provisions, (3)
division of property upon court order including, but not limited to,
judgments of foreclosure, (4) consolidation of existing lots by deed
or other recorded instrument, and (5) the conveyance of one or more
adjoining lots, tracts or parcels of land, owned by the same person
or persons and all of which are found and certified by the Administrative
Officer to conform to the requirements of the development regulations
contained in this chapter for frontage on an improved street, zoning
district regulations, and for design standards and improvement specifications;
and further provided that each lot, tract, or parcel of land is shown
and designated as separate lots, tracts, or parcels on the official
tax map of the Borough. Those adjoining lots, tracts, or parcels of
land shown on the official tax map of the Borough which are owned
by the same person or persons but which individually do not conform
to the zoning district regulations and/or which do not meet the required
frontage on an improved street shall be treated under this chapter
as a single parcel of land no portion of which may be conveyed without
subdivision approval as prescribed by this chapter. The term "subdivision"
shall also include the term "resubdivision."
Shall mean a committee appointed by the chairperson of the
Planning Board for the purpose of reviewing, commenting and making
recommendations with respect to subdivision and site plan applications.
Shall mean the natural ground lying beneath a road.
Shall mean those waters that fall on land or arise from springs
and diffuse themselves over the surface of the ground following no
defined course or channel.
Shall mean a swimming area that is operated not for profit
and open to the public as a part of a public park.
Shall mean a swimming pool located on a single family lot
with a residence on it and used as an accessory to the residence,
and said pool is utilized with no admission charges and not for the
purpose of profit. A private noncommercial swimming pool may also
be an accessory use to a hotel, motel or multi-family dwelling.
See "Swimming Area, Public."
Shall mean the advisory committee organized and appointed pursuant to Subsection 40-3.15 of the Revised General Ordinances of the Borough of Belmar.
Shall mean a facility or business, by whatever name employed,
whose primary purpose is the use of telephones or other telecommunication
devices as a medium to sell, promote, or solicit goods, funds and/or
services.
Shall mean lands which are washed by tidal flows in accordance
with the N.J.D.E.P. Tideland Council maps which are on file with the
N.J.D.E.P. and Borough Clerk.
Shall mean the original upper layer of soil material to a
depth of six inches which is usually darker and richer than the subsoil.
Shall mean an area of land consisting of one or more contiguous
lots under single ownership or control, used for development or for
a common purpose. Tract is interchangeable with the words, "Development
Area," "Site" and "Property."
Shall mean a vehicle used or so constructed as to permit
its being used as a licensed conveyance upon the public streets or
highways and constructed in such a manner as will permit its occupancy
as a place of day-to-day habitation for one or more persons.
Shall mean any premises occupied or designed to accommodate
any family or persons living in an automobile house trailer, whether
or not operated by motive power.
Shall mean a vehicle without motive power designed to be
drawn by a motor vehicle and to be used for human habitation or for
carrying persons or property.
Shall mean a typed or printed verbatim record, or reproduction
thereof, of the proceedings of the Municipal Agency.
Shall mean a single or one-way vehicle movement to or from
a property or study area. "Trips" can be added together to calculate
the total number of vehicles expected to enter and leave a specific
land use or site over a designated period of time.
Shall mean Urban Land Institute.
Shall mean the New Jersey Uniform Construction Code, N.J.S.A.
40A:12-27 (5.23-1.1 et seq.).
Shall mean United States Coast and Geodetic Survey.
Shall mean the specific purposes for which a parcel of land
or a building or a portion of a building is designed, arranged, intended,
occupied or maintained. The term "Permitted Use" or its equivalent
shall not be deemed to include any nonconforming use.
Shall mean essential services including, but not limited
to sewers, water, electricity, gas, and telephone, regulated by the
State of New Jersey or by the Federal government.
Shall mean permission to depart from the literal requirements
of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b,
and N.J.S.A. 40:55D-70c and 70d.
Shall mean any sign which is greater in height than in width.
Shall mean any sign which is affixed to an exterior wall
of any building, not projecting more than one foot beyond the building
wall.
Shall mean any structure designed for or utilized primarily
for the storage of goods and materials. The term shall include self-storage,
mini, or other form of commercial warehouse activities.
Shall mean channel or canal for the conveyance of water,
particularly drainage lands.
Shall mean an area regulated by the New Jersey Freshwater
Wetlands Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated
by surface water or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
Shall mean areas known as marshes, swamps or other lowlands
subject to tidal action or any area now or formerly connected to tidal
waters, whose surface is at or below an elevation of one foot above
local extreme high water and of which vegetation unique to tidal marshes,
swamps or lowlands has become adapted. This definition shall include,
but is not limited to, all the mapped New Jersey State Wetlands.
Shall mean a sign which is part of or affixed or attached
to the interior or exterior of a window or otherwise part of a window
and located within 18 inches of the interior of the window and which
can be seen from a public street or public parking facility.
Shall mean the space which lies between a building or structure
and the lot line. A yard is to be unoccupied and unobstructed from
the ground upward except as herein permitted. Yards will be identified
as either front yard, side yard, or rear yard.
Shall mean a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building or structure. The depth of the front yard shall be measured at right angles to the front line of the lot. Cornices, eaves, gutters, chimneys, steps, open balconies which are not located above porches, and terraces may extend into the front yard no more than 24 inches. Open balconies above the first floor on buildings built as motels or hotels or apartments may extend up to six feet into the front yard. One-story open porches of residential structures may extend into the front yard no more than eight feet in accordance with Subsection 40-7.9.
Means a yard extending across the full width of the lot and
lying between the rear line of the lot and the nearest line of a building
or structure. The depth of a rear yard shall be measured at right
angles to the rear of the lot in the same manner as specified herein
for the measurement of lot depth.
Shall mean a yard between the side line of the lot and the
nearest line of a building or structure and extending from the front
yard to the rear yard, or in the absence of either of such yards,
to the front or rear lot lines as the case may be. The width of a
side yard shall be measured at right angles to the side line of the
lot.
Shall mean the same as "District."
Shall mean the municipal official designated to enforce the
provisions of this Chapter.
Shall mean the same as "Development Permit."
