[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:
ACCESSORY BUILDING, STRUCTURE OR USE
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]
ADMINISTRATIVE OFFICER
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.
ADT (AVERAGE DAILY TRAFFIC)
Shall mean the average number of cars per day that pass over a given point.
ADULT BOOK STORE
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.
AISLE OR DRIVE AISLE
Shall mean the traveled way by which cars enter and depart parking spaces.
ALLEY
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.
ALTERATIONS AS APPLIED TO A BUILDING OR STRUCTURE
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.
AMUSEMENT AREA
Shall mean any area in or about a building or structure and/or any area open to the public containing more than three amusement devices. See the Revised General Ordinances, Borough of Belmar, Chapter 20, Licenses-General, § 20-5 Amusement Games, for regulations governing Amusement Areas.
AMUSEMENT DEVICE
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.
APARTMENT
Shall mean dwelling unit in a multi-family building.
APPLICANT
Shall mean a developer submitting an application for development or for a permit required in accordance with this chapter.
APPLICATION FOR DEVELOPMENT
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.
APPROVING AUTHORITY
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.
AREA OF SPECIAL FLOOD HAZARD
Shall mean the land in the floodplain within the community subject to a 1% or greater chance of flooding in any given year.
ASCE
Shall mean American Society of Civil Engineers.
ASTM
Shall mean American Society for Testing Materials.
ATTIC, HABITABLE
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.
AUCTION MARKET
Shall mean any premises on which are held at periodic times, auction sales of merchandise or any other personal property.
AUTO STORAGE OR AUTO WRECKING YARD
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.
AUTOMOBILE REPAIR SHOP
Shall mean the same as "Motor Vehicle Repair Garage."
AUTOMOBILE SALES AGENCY
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.
AUTOMOBILE SERVICE STATION
Shall mean the same as "Motor Vehicle Service Station."
AUTOMOTIVE REPAIR GARAGE
Shall mean the same as "Motor Vehicle Repair Garage".
AWWA
Shall mean American Water Works Association.
BANQUET HALL/CATERING FACILITY WITH LIQUOR LICENSE
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.
BAR/TAVERN/PUB
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.
BARRIER CURB
Shall mean a steep-faced curb intended to prevent encroachments.
BASEMENT
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.
BED AND BREAKFAST INN
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.
BEDROOM
Shall mean a room or portion of a structure with the principal function of serving as sleeping quarters.
BELGIAN BLOCK CURB
Shall mean a type of paving stone generally cut in a truncated, pyramidal shape, laid with the base of the pyramid down.
BERM
Shall mean a mound of soil, either natural or man-made used as a view obstruction.
BILLBOARD
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.
BLOCK
Shall mean the length of a street between two street intersections.
BLOW-OFF
Shall mean an outlet in a pipe through which water or sediment can be discharged.
BOARD OF ADJUSTMENT
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.
BOARD OF ADJUSTMENT ENGINEER
See "Municipal Engineer."
BOARDING OR LODGING HOUSE
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.
BOATYARD
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.
BOROUGH ENGINEER
See "Municipal Engineer."
BREWERY FACILITY
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]
BUFFER
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.
BUILDABLE AREA
Shall mean that central portion of any lot between required yards and/or setback lines.
BUILDING
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.
BUILDING AREA
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.
BUILDING COVERAGE
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.
BUILDING HEIGHT
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.
BUILDING LINE (SETBACK LINE)
Shall mean the line beyond which a building shall not extend unless otherwise provided in this chapter.
BUILDING PERMIT
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.
BUILDING, COMMUNITY
Shall mean a building for civic, social, educational, cultural or recreational activities of a neighborhood or community not operated primarily for monetary gain.
BUILDING, PRINCIPAL
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.
BULK STORAGE
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.
BULKHEAD
Shall mean a structure separating land and water areas, primarily designed to resist earth pressures.
BUSINESS OFFICE
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:
a. 
Insurance Companies.
b. 
Trade Associations.
c. 
Real Estate Companies.
d. 
Investment Brokerage Houses.
e. 
Banks and Trust Companies.
f. 
Advertising or Public Relations Agencies.
g. 
Computer and Data Processing.
h. 
Management and Consulting Services.
i. 
Adjustment and Collecting Services.
j. 
Consumer Credit Reporting Agencies.
CALIPER
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.
CAPITAL IMPROVEMENT
Shall mean a governmental acquisition of real property or major construction project.
CAPITAL IMPROVEMENTS PROGRAM
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.
CAPPED SYSTEM
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.
CAR WASH
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.
CARPORT
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.
CARTWAY
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.
CELLAR
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.
CENTERLINE OFFSET OF ADJACENT INTERSECTIONS
Shall mean the gap between the centerline of roads adjoining a common road from opposite or same sides.
CERTIFICATE OF COMPLETENESS
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.
CERTIFICATE OF NONCONFORMANCE
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.
CERTIFICATE OF OCCUPANCY
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.
CHANGE IN USE
Shall mean:
a. 
Any increase in the number of dwelling units in a structure which would result in three or more total units;
b. 
Any change from a residential use to any non-residential use;
c. 
Any change from one nonresidential use to another nonresidential use (excluding changes in tenancy, occupancy or ownership where the use is the same);
d. 
Any increase in the number of individual activities, businesses or enterprises occupying a nonresidential building or site.
CHANNEL
Shall mean a watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.
CHANNELIZATION
Shall mean the straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.
CHILD CARE CENTER
Shall mean a State-certified facility which provides care for children.
CHURCH
See "Place of Worship."
CIRCULATION
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.
CLUB WITH LIQUOR LICENSE
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.
CLUBHOUSE
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.
COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT
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.
COASTAL WETLANDS
Shall mean the coastal wetlands designated by the New Jersey Wetlands Act of 1970.
COMMERCIAL PARKING FACILITY
Shall mean the same as "Parking Area, Public." Also see "Garage, Public" and "Vertical Parking Garage."
COMMON DEVELOPMENT LINE
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.
COMMON LATERAL
Shall mean a lateral serving more than one unit.
COMMON OPEN SPACE
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.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
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.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
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.
COMPLETE APPLICATION
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.
CONCEPT PLAN
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.
CONDITIONAL USE
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.
CONDOMINIUM
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:
a. 
The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
b. 
The unit may be any permitted dwelling type.
c. 
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads, or other development features as specified in this chapter.
CONVENTIONAL DEVELOPMENT
Shall mean development other than "Planned Development" as defined herein.
CORNER LOT
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°.
CORPORATION STOP
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.
COUNTY MASTER PLAN
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.
COUNTY PLANNING BOARD
Shall mean the Planning Board of the County of Monmouth as defined in N.J.S.A. 40:27-6.1.
COURT OR COURTYARD
Shall mean an unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.
COVERAGE
Shall mean the same as "Lot Coverage."
CRITICAL AREA
Shall mean a sediment-producing highly erodible or severely eroded area.
CUL-DE-SAC
Shall mean a local street with only one outlet and having the other end for the reversal of traffic movement.
CULVERT
Shall mean a structure designed to convey a water course not incorporated in a closed drainage system under a road or pedestrian walk.
CURB
Shall mean a vertical or sloping edge of a roadway. See also "Belgian Block Curb" or "Barrier Curb."
CURB LEVEL
Shall mean the officially established grade of the curb in front of the midpoint of the front lot line.
CUSHION
Shall mean supportive or protective bedding materials placed underneath piping.
DAY CAMP
Shall mean a licensed, organized and supervised day-time facility used for recreational purposes.
DAY CARE CENTER
See "Child Care Center."
DAY(S)
Shall mean calendar day(s).
DE MINIMUS CONSTRUCTION OR IMPROVEMENTS
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.
DENSITY
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.
DESIGN FLOOD
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.
DESIGN GUIDELINES
Shall mean guidelines that provide a general framework for sound planning.
DESIGN STANDARDS
Shall mean standards that set forth specific improvement requirements.
DETENTION BASIN
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.
DEVELOPER
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.
DEVELOPMENT
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.
DEVELOPMENT PERMIT
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.
DEVELOPMENT REGULATION
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.
DEVELOPMENTALLY DISABLED
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.
DISTRICT
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.
DORMER
Shall mean a projection from a roof that contains a window. Dormers shall be located upon compliance with the following conditions:
a. 
Dormers must have sloped roof lines at a minimum of 18 1/2 degrees (4/12 pitch ratio); and
b. 
All dormers, except stairwells, must be stepped back a minimum of 24 inches from the exterior wallface beneath it; and
c. 
With the exception of a dormer above a stairwell, no single dormer may exceed 10 feet in length; and
d. 
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;
e. 
The total length of all dormers shall not exceed 20% of the total main roof perimeter lineal footage.
DRAINAGE
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.
DRAINAGE FACILITY
Shall mean any component of the drainage system.
DRAINAGE RIGHT-OF-WAY
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.
DRAINAGE SYSTEM
Shall mean the system through which water flows from the land, including all watercourses, water bodies and wetlands.
DRIVE-IN RESTAURANT
Shall mean the same as "Restaurant, Drive-In/Take-Out".
DRIVEWAY
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.
DROP MANHOLE
Shall mean a manhole provided for inspection and maintenance of sewers where an incoming sewer is considerably higher than the outgoing.
DROP PIPE
Shall mean a vertical pipe used to convey sewage from a higher to a lower elevation.
DRY LINES
See Capped System.
DWELLING
Shall mean any building or portion thereof designed or used exclusively for one or more permanent or seasonal dwelling units.
DWELLING UNIT
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.
DWELLING, MULTI-FAMILY
See "Dwelling, Multiple."
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.
DWELLING, SINGLE FAMILY
Shall mean a detached building designed for or containing one dwelling unit.
DWELLING, TWO FAMILY
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.
EASEMENT
Shall mean an interest in land that entitles the holder of the easement to a specific limited use or enjoyment of the property.
EAVE
Shall mean the lower border of a roof that joins or overhangs the wall.
EDUCATIONAL USE
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.
ELEEMOSYNARY
Shall mean the giving of money and/or services to a charitable or philanthropic organization.
ENVIRONMENTAL COMMISSION
Shall mean the municipal environmental commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL CONSTRAINTS
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.
ENVIRONMENTAL IMPACT STATEMENT (E.I.S.)
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.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
ESCROW
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.
ESSENTIAL SERVICES
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.
EXCAVATION OR CUT
Shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXCAVATION WORK
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.
EXEMPT DEVELOPMENT
Shall mean that site plan and/or subdivision approval shall not be required prior to issuance of a Development Permit for the following:
a. 
Construction, additions, or alterations related to single-family or two-family detached dwellings or their accessory structures on individual lots.
b. 
Any change in occupancy which is not a "Change in Use" (as herein defined).
c. 
Individual applications for accessory mechanical or electrical equipment, whose operation and location conforms to the design and performance standards of this Chapter, and whose installation is on a site already occupied by an active principal use for which site plan approval is not otherwise required.
d. 
Sign(s) 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.
e. 
Construction or installation of essential services.
f. 
Division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "Subdivision" contained within this Article.
g. 
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.
h. 
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]
FACTORY
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.
FAMILY
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.
FENCE
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.
FENCE, OPEN
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.
FINAL APPROVAL
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.
FINAL PLAT
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.
FLAT ROOF
Shall mean a roof having a continuous horizontal surface with a minimal pitch and arranged to be essentially parallel to the floor plane.
FLOOD FRINGE AREA
Shall mean that portion of the floodplain not designated as the floodway.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY
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.
FLOOD OR FLOODING
Shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from:
a. 
The overflow of inland or tidal waters; and/or
b. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN
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.
FLOODPLAIN ENCROACHMENT PERMIT
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.
FLOODWAY
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.
FLOOR
Shall mean a story of a building.
FLOOR AREA
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.
FLOOR AREA
Shall include any carport area that has habitable space above it.
FLOOR AREA
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.
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.
FLOOR AREA RATIO
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.
FLOOR AREA, GROSS
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.
FLOOR AREA, GROSS, RESIDENTIAL
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.
FLOOR AREA, SALES
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.
FLUSHING
Shall mean the cleaning out of debris and sediment from pipes by force of moving liquid, usually water.
FUNERAL HOME OR MORTUARY
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."
GABLE ROOF
Shall mean a double sloping roof that forms a gable at each end.
GARAGE
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.
GARAGE, PRIVATE
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.
GARAGE, PUBLIC
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.
GAS STATION
Shall mean the same as "Motor Vehicle Service Station."
GENETICALLY ENGINEERED MATERIAL
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.
GOVERNING BODY
Shall mean the Borough Council of Belmar.
GRADE, EXISTING
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.
GRADE, FINISHED
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.
GRAPHIC CONTENT OF SIGN
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.
GROSS FLOOR AREA
Shall mean the same as "Floor Area, Gross."
GROUND COVER
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.
GROUND SIGN
Shall mean any sign supported by either uprights affixed to the ground or supported by a base affixed to the ground.
GUTTER
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.
HABITABLE ROOM
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.
HAZARDOUS MATERIALS
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.
HEALTH CARE FACILITY
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.
HIGH WATER LINE
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.
HISTORIC SITE
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.
HOME OCCUPATION
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.
HOMEOWNERS' ASSOCIATION
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.
HORIZONTAL PROJECTING SIGN
Shall mean any sign which is greater in width than in height.
HOSPITAL
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.
HOTEL
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.
HOUSEHOLD
Shall mean the person or persons occupying a dwelling unit.
HYDROLOGIC RESPONSE
Shall mean the properties, distribution, and circulation of water.
IES
Shall mean Illuminating Engineering Society.
IMPERVIOUS AREA
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]
IMPERVIOUS SURFACE
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.
IMPOUNDMENT
Shall mean a body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.
IMPROVED PARKING AREA
Shall mean an area for the temporary location of motor vehicles which has been modified from its natural condition by excavation, fill or structures.
IMPROVED STREET
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.
IMPROVEMENT
Shall mean any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.
INTERESTED PARTY
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.
INTERIOR OR INSIDE LOT
Shall mean a lot bounded by a street on one side only.
INTERIOR STREET OR ROAD
Shall mean a street or road that is developed wholly within a parcel under one ownership and meeting all municipal standards.
INTERNAL STREET OR ROAD
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.
ISLAND IN STREET DESIGN
Shall mean a raised area usually curbed, placed to guide traffic, separate lanes, or used for landscaping, signing, or lighting.
ITE
Shall mean Institute of Transportation Engineers.
JETTY
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.
JUNK OR SALVAGE YARD
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.
KENNEL
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.
KITCHEN
Shall mean an area used or designed to be used for the preparation of food.
LAKES AND PONDS
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.
LAND
Shall mean any real property including improvements and fixtures on, above or below the surface.
LAND DISTURBANCE
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.
LANDSCAPE-LANDSCAPING
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.
LATERAL SEWERS
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.
LIGHT MANUFACTURING
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.
LOADING SPACE
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.
LOT
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."
LOT AREA
Shall mean the acreage and/or square footage of a lot contained within the lot lines of the property.
LOT COVERAGE
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]
LOT DEPTH
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.
LOT FRONTAGE
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.
LOT INTERIOR
Shall mean a lot other than a corner lot.
LOT LINE
Shall mean any line designating the extent or boundary of a lot which shall further be defined as follows:
a. 
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
b. 
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line.
c. 
SIDE LOT LINEAny lot line other than a front or rear lot line.
LOT SHAPE REQUIREMENT
Shall mean the lot shape requirement specified by the schedule of zoning district regulations. (See Schedules 40-5-1A and 40-5-1B)
LOT WIDTH
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.
LOT, CORNER
Shall mean any lot at the junction of and fronting on two or more intersecting streets.
LOWER INCOME HOUSEHOLD
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.
MAINTENANCE BOND
Shall mean any security that is acceptable to the governing body to assure the maintenance of approved installations by developers.
MAINTENANCE GUARANTEE
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.
MAJOR SITE PLAN
Shall mean any site plan not classified as a minor site plan or exempt site development.
MAJOR SUBDIVISION
Shall mean any subdivision not classified as a "Minor Subdivision."
MANHOLE
Shall mean an inspection chamber whose dimensions allow easy entry and exit and working room for a person inside.
MANNING EQUATION
Shall mean a method for calculating the hydraulic capacity of a conduit to convey water.
MANUFACTURED HOME
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.
MANUFACTURING
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.
MARINA
Shall mean any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided.
MARINE ACTIVITIES
Shall mean any facilities or activity associated with fishing or boating, either for sport or for commercial gain.
MASSAGE PARLOR
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.
MASTER PLAN
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).
MAYOR
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.
MEDIAN
Shall mean that portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.
MENTALLY ILL PERSON
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.
MERCANTILE ESTABLISHMENT
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.
MINOR SITE PLAN
Shall mean a development plan for one or more lots which is (are) subject to development which:
a. 
Requires site plan approval; and
b. 
Meets the requirements set forth in 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
c. 
Meets the following conditions:
1. 
The construction of drainage facilities is not required either on or off-site.
2. 
New building construction and/or building additions do not exceed 1,000 square feet of gross floor area.
3. 
The proposed development does not increase parking requirements by more than five spaces.
4. 
The proposed development conforms to the performance standards set forth in Article 7.
5. 
The proposed development will not require the issuance of a CAFRA Permit.
6. 
The proposed development does not involve planned development.
7. 
The proposed development does not involve any new street or the extension of any existing street.
8. 
The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of P.L. 1975, c. 291 (C.40:55D-42).
9. 
The proposed development does not involve the disturbance of 5,000 square feet or more of ground area.
MINOR SUBDIVISION
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:
a. 
That curbs and sidewalks have been installed or that the developer agrees to install and post performance guarantees for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
b. 
That the subdivision does not require the extension of municipal facilities at the expense of the municipality.
c. 
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
d. 
That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
e. 
That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).
f. 
That no portion of the lands involved have constituted a part of a minor subdivision within three years preceding the application.
MLUL
Shall mean Municipal Land Use Law.
MOBILE HOME
See "Manufactured Home."
MOTOR VEHICLE REPAIR GARAGE
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.
MOTOR VEHICLE SERVICE STATION
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.
MULCH
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.
MULTI-FAMILY BUILDING
Shall mean any building containing three or more dwelling units. Dwelling units within multi-family buildings are classified as multi-family dwellings.
MUNICIPAL AGENCY
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.
MUNICIPAL ENGINEER
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.
MUNICIPAL LAND USE LAW
Shall mean N.J.S.A. 40:55D-1 et seq. (Chapter 291, Laws of N.J., 1975, as amended).
MUNICIPALITY
Shall mean the Borough of Belmar.
NEW CONSTRUCTION
Shall mean structures for which the "start of construction" commenced on or after the effective date of this chapter.
NIGHTCLUB
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.
NON-POINT SOURCE POLLUTION
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.
NONCONFORMING LOT
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.
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
NURSERY SCHOOL
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.
OCCUPANCY
Shall mean the specific purpose for which land or a building is used, designed or maintained.
OCCUPANCY PERMIT
Shall mean the same as "Certificate of Occupancy."
OFF-SITE
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.
OFF-STREET PARKING SPACE
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.
OFF-TRACT
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.
OFFICIAL COUNTY MAP
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.
OFFICIAL MAP
Shall mean a map adopted by ordinance by the Governing Body pursuant to Article 5 of P.L. 1975, c.291.
ON-SITE
Shall mean located on the lot in question.
ON-STREET PARKING SPACE
Shall mean a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ON-TRACT
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.
OPEN FLOOR SPACE
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.
OPEN SPACE
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.
OUTDOOR DINING AREA
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.
OUTDOOR EATING AREA
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.
OWNER
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.
PARKING AREA
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.
PARKING AREA, PRIVATE
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.
PARKING AREA, 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.
PARKING GARAGE
Shall mean the same as "Garage, Public."
PARKING SPACE
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.
PARTY IMMEDIATELY CONCERNED
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).
PATIO
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.
PAVEMENT
See "Cartway."
PEEP SHOW
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.
PERFORMANCE GUARANTEE
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.
PERFORMANCE STANDARDS
See "Standards of Performance."
PERSON
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.
PERSONAL SERVICES
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.
PERVIOUS SURFACE
Shall mean any material that permits full or partial absorption of storm water into previously unimproved land.
PESTICIDE
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.
PETROLEUM PRODUCTS
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.
PIER
Shall mean a structure extending into water for use as a landing place or promenade.
PLACE OF WORSHIP
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.
PLANNED DEVELOPMENT
Shall mean planned unit development, planned residential development, residential cluster, planned commercial development or planned industrial development.
PLANNING BOARD
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).
PLANNING BOARD ENGINEER
See "Municipal Engineer."
PLAT
Shall mean a map or maps of a subdivision or site plan which is used interchangeably in this chapter with "Plan."
PLAT, FINAL
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.
PLAT, PRELIMINARY
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.
POOL HOUSE
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]
PORCH
Shall mean an unenclosed, roofed entrance, piazza or porteicochere which is attached to the principal building.
PRELIMINARY APPROVAL
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.
PRELIMINARY FLOOR PLANS (OR ARCHITECTURAL DRAWINGS) AND ELEVATIONS
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.
PREMISES
Shall mean a lot or tract of land or any combination thereof held under a single ownership or control.
PRIMARY OR PRINCIPAL USE
Shall mean the primary or principal purpose for which a building, structure or lot is used.
PROFESSIONAL OFFICE
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.
PROFESSIONAL OFFICE BUILDING
Shall mean a building, the occupancy of which is limited to professional offices.
PROHIBITED USE
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.
PROJECTING SIGN
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.
PROJECTING SIGNS
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.
PUBLIC AREAS
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.
PUBLIC DEVELOPMENT PROPOSAL
Shall mean a Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY
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.
PUBLIC OPEN SPACE
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.
PUBLIC PURPOSE USE
Shall mean the use of land or buildings by the governing body of the Borough or any officially created authority or agency thereof.
PYLON SIGN
Shall mean a ground sign whose maximum height exceeds eight feet.
QUORUM
Shall mean the majority of the full authorized membership of a Municipal Agency.
RADIOACTIVE USE
Shall mean any natural or artificially produced substance or combination of substances which emits radiation spontaneously.
RATIONAL METHOD
Shall mean a method of runoff calculation.
RECHARGE
Shall mean the replenishment of underground water reserves.
RECREATION AREA
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.
RECREATIONAL VEHICLE
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.
RECYCLING AND RESOURCE RECOVERY
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]
RESIDENTIAL CLUSTER
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.
RESIDENTIAL DENSITY, GROSS
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.
RESIDENTIAL DENSITY, NET
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.
RESTAURANT
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.
RESTAURANT WITH LIQUOR LICENSE
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.
RESTAURANT, DRIVE-IN
Shall mean any restaurant or retail food establishment with a drive-in window.
RESUBDIVISION
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.
RETAIL FOOD ESTABLISHMENT
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.
RETAINING WALL
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.
RETENTION BASIN
Shall mean a pond, pool or basin used for the permanent storage of water runoff.
REVETMENT
Shall mean a facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by wave action or current.
RIGHT-OF-WAY
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.
ROOMING HOUSE
Shall mean the same as "Boarding or Lodging House."
SAND DUNES
Shall mean naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.
SATELLITE DISH ANTENNA OR SATELLITE ANTENNA
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.
SCHOOL
Shall mean the same as "Educational Use."
SCREEN
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.
SCS
Shall mean Soil Conservation Service.
SEA WALL
Shall mean a wall or embankment to resist encroachment of the sea.
SECONDARY USE
Shall mean the same as "Accessory Use."
SEDIMENT
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.
SEDIMENT BASIN
Shall mean a barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.
SEDIMENTATION
Shall mean the transport and depositing of solid material by water.
SEPTIC SYSTEM
Shall mean an underground system with a septic tank used for the decomposition of domestic wastes.
SETBACK
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.
SETBACK LINE (BUILDING LINE)
Shall mean the line beyond which a building shall not extend unless otherwise provided in this chapter.
SEWER
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.
SHADE TREE
Shall mean a tree in a public place, street, special easement, or right-of-way adjoining a street.
SHAPE REQUIREMENT
See "Lot Shape Requirement."
SHOPPING CENTER
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.
SHOULDER
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.
SIDEWALK AREA
Shall mean a paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.
SIDEWALK CAFE AREA
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.
SIGHT TRIANGLE
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.
SIGN
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:
a. 
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
b. 
Is used to announce, direct attention to, identify or advertise; and
c. 
Is visible from outside any building or structure; and
d. 
Is illuminated or non-illuminated.
SIGN FACE
Shall mean the area made available by a sign structure for the purpose of displaying a message.
SIGN SETBACK
Shall mean the horizontal distance between a sign measured from the nearest portion of the sign, and any front, side or rear lot line.
SIGN WITH BACKING
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.
SIGN WITHOUT BACKING
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.
SIGNABLE 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.
SITE
Shall mean any plot, parcel or parcels of land.
SITE PLAN
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.
SITE PLAN REVIEW
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.
SKETCH PLAT
See "Concept Plan."
SOIL
Shall mean all unconsolidated mineral and organic material of any origin which overlies bedrock and which can be readily excavated.
SOIL CEMENT
Shall mean a mixture of Portland cement and locally available soil. It serves as a soil stabilizer.
SOIL CONSERVATION DISTRICT
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.
SOIL EROSION AND SEDIMENT CONTROL PLAN
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.
SOLID WASTE
Shall mean garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.
STABILIZED TURF OR EARTH
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.
STANDARD SPECIFICATIONS
Shall mean the Standard Specifications for the Road and Bridge Construction as promulgated and revised by the New Jersey Department of Transportation.
STANDARDS OF PERFORMANCE
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.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN
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.
STATE PLANNING COMMISSION
Shall mean the commission established pursuant to P.L. 1985, Chapter 398.
STORM WATER DETENTION
Shall mean a provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.
STORM WATER RETENTION
Shall mean a provision for storage of storm water runoff.
STORY
Shall mean that portion of a building between a floor and ceiling.
STORY, HALF
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).
STREET
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.
STREET FURNITURE
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.
STREET HARDWARE
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.
STREET HIERARCHY
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.
STREET LINE
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.
STREET, ARTERIAL
Shall mean roadways with a high volume of traffic flow.
STREET, COLLECTOR
Shall mean any street that collects traffic from local streets and channels it into the system of arterial streets.
STREET, IMPROVED
See "Improved Street."
STREET, LOCAL
Shall mean any street which provides access to lots and carries traffic having a destination or origin on the street itself.
STREET, LOCAL
Shall mean any street which provides access to lots and carries traffic having a destination or origin on the street itself.
STREET, LOOP
Shall mean a street that has its only ingress and egress at two points on the same subcollector or collector street.
STREET, UNIMPROVED
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.
STRIPPING
Shall mean any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
STRUCTURAL ALTERATIONS
Shall mean the same as "Alterations."
STRUCTURE
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."
SUBDIVIDER
Shall mean any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
SUBDIVISION
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."
SUBDIVISION AND SITE PLAN COMMITTEE
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.
SUBGRADE
Shall mean the natural ground lying beneath a road.
SURFACE WATERS
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.
SWIMMING AREA, PUBLIC
Shall mean a swimming area that is operated not for profit and open to the public as a part of a public park.
SWIMMING POOL, PRIVATE, NONCOMMERCIAL
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.
SWIMMING POOL, PUBLIC
See "Swimming Area, Public."
TECHNICAL AND DESIGN REVIEW COMMITTEE
Shall mean the advisory committee organized and appointed pursuant to Subsection 40-3.15 of the Revised General Ordinances of the Borough of Belmar.
TELEMARKETING OR TELESALES
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.
TIDELANDS
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.
TOPSOIL
Shall mean the original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.
TRACT
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."
TRAILER COACH
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.
TRAILER PARK, AUTOMOBILE
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.
TRAILER, AUTOMOBILE
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.
TRANSCRIPT
Shall mean a typed or printed verbatim record, or reproduction thereof, of the proceedings of the Municipal Agency.
TRIP
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.
ULI
Shall mean Urban Land Institute.
UNIFORM CONSTRUCTION CODE
Shall mean the New Jersey Uniform Construction Code, N.J.S.A. 40A:12-27 (5.23-1.1 et seq.).
USCGS (ALSO USC&G AND USC&GS)
Shall mean United States Coast and Geodetic Survey.
USE
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.
UTILITIES
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.
VARIANCE
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.
VERTICAL PROJECTING SIGNS
Shall mean any sign which is greater in height than in width.
WALL SIGN
Shall mean any sign which is affixed to an exterior wall of any building, not projecting more than one foot beyond the building wall.
WAREHOUSE
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.
WATER COURSE
Shall mean channel or canal for the conveyance of water, particularly drainage lands.
WETLANDS (NON-TIDAL OR FRESHWATER)
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.
WETLANDS (TIDAL)
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.
WINDOW SIGNS
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.
YARD
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
ZONE
Shall mean the same as "District."
ZONING OFFICER
Shall mean the municipal official designated to enforce the provisions of this Chapter.
ZONING PERMIT
Shall mean the same as "Development Permit."
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Editor's Note: See also Chapter 23, Garbage and Waste, § 23-7, Recycling.