[Ord. No. 98-21 § 304.1]
This chapter may be cited and referred to as the "Matawan Borough
Development Regulations."
[Ord. No. 98-21 § 304.2]
Pursuant to N.J.S.A. 40:55D-1 et seq., it is the intent and
purpose of this chapter to:
a.Â
Encourage municipal action to guide the appropriate use and development
of lands in the Borough in a manner which will promote the public
health, safety, morals and general welfare.
b.Â
Secure safety from fire, flood, panic and other natural and manmade
disasters.
c.Â
Provide adequate light, air and open space.
d.Â
Ensure that the development of Matawan Borough does not conflict
with the development and general welfare of its neighboring municipalities,
the County of Monmouth and the State of New Jersey as a whole.
e.Â
Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment.
f.Â
Encourage the appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies.
g.Â
Provide sufficient space in appropriate locations for a variety of
agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all citizens.
h.Â
Encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight.
i.Â
Promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
j.Â
Promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
k.Â
Encourage planned development which incorporates the best features
of design and relates the type, design and layout of residential,
commercial and recreational development to the particular site.
l.Â
Encourage senior citizen community housing construction.
m.Â
Encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land.
[Ord. No. 98-21 § 304.4; Ord. No. 09-04 § 1; Ord. No. 10-14; Ord. No. 12-15 § 4; Ord. No. 13-09]
Word usage. The term "shall" indicates a mandatory requirement,
and the term "may" indicates a permissive action.
For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them in this section unless the
context otherwise requires:
Shall mean use or structure subordinate of the principal
use of a building or structure on the same zone lot and serving a
purpose customarily incidental to the use of the principal building.
Where an accessory building is attached in a substantial manner by
a wall or roof to a principal building or structure, it shall be considered
a part of the principal structure or roof.
Shall mean the designated Borough Official or as defined
by State Statute.
Shall mean and include:
Adult bookstore - Shall mean an establishment having as a substantial
or significant portion of its stock in trade books, magazines, other
periodicals or any tangible items and objects, not necessarily of
a reading or photographic nature, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to,
specified sexual activities or specified anatomical areas, as defined
below, or an establishment with a segment or section devoted to the
sale or display of such material.
Adult motion picture theater - Shall mean an enclosed building
with a capacity of 50 or more persons used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined below, for observation by patrons therein.
Adult mini motion picture theater - Shall mean an enclosed building
with a capacity for less than 50 persons used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined below, for observation by patrons therein.
Specified sexual activities - Shall mean human genitals in a
state of sexual stimulation or arousal; acts of human masturbation,
sexual intercourse or sodomy; and fondling or other erotic touching
of human genitals, pubic region, buttock or female breasts.
Specified anatomical areas - Shall mean less than completely
and opaquely covered human genitals, pubic region, buttock or female
breast, below a point immediately above the top of the areola, and
human male genitals in a discernibly phallic state, even if completely
and opaquely covered.
Cabaret - Shall mean an establishment which features go-go dancers,
exotic dancers, strippers or similar entertainers.
Shall mean a right-of-way other than a street, road, crosswalk
or easement designated for access or special accommodation of the
property it reaches.
Shall mean and include:
Any change in the supporting members of a building, such as
bearing walls, column, beams or girders, except such change as may
be required for safety, or any substantial change in the roof or in
the exterior walls, not including, however, changes in doors or windows
or alterations which affect primarily the appearance and not the life
of the structure.
Any addition to a building, any change in use from that of one
zoning classification to another or moving a building from one site,
location or position to another.
Shall mean a developer submitting an 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 this chapter.
Shall mean the Unified Planning Board of the Borough, unless
a different agency is designated by this chapter when acting pursuant
to the authority of this chapter.
Shall mean a place where gasoline, kerosene or any other
motor fuel or lubricating oil or grease for operating motor vehicles
is offered for sale to the public, and deliveries are made directly
into motor vehicles, including sale of accessories, greasing, oiling
and light motor service on the premises.
Shall mean and include:
With reference to occupancy or use and to regulate the height
and bulk of buildings, the portion of a building in which the ceiling
averages less than four feet above the finished grade where such grade
meets the outside walls of the building, and which shall not be considered
a story and habitable.
If the ceiling height averages more than four feet above such
grade and has a clear height of seven feet or more, such space shall
be considered a story and habitable.
Shall mean a combination of lawn and a landscape screen or
densely planted (or having equivalent natural growth) evergreen shrubs
or trees at least four feet high at the time of planting of a type
that will form a year-round dense screen at least six feet high, which
shall be maintained in good condition at all times. Where required
in the district regulations, a screen shall be installed along or
within the lines of a lot as a protection to adjoining or nearby properties.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean that area of a lot which is occupied by a building
or structure, but not including uncovered walkways, steps, patios
or a parking lot or area or any similar improvements thereto.
Shall mean the vertical distance measured from the mean elevation
of the finished grade along the front of the building to the highest
point of the roof for flat roofs, to the mean height level (between
the eaves and ridge) for gable and hipped roofs and to the deck line
for mansard roofs.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 8-4-2021 by Ord. No. 21-13]
Any licensed person or entity providing courier services
for consumer purchases that are fulfilled by a licensed cannabis retailer
in order to make deliveries of the purchased items to a consumer,
and which service would include the ability of a consumer to make
a purchase directly through the cannabis delivery service which would
be presented by the delivery service for fulfillment by a retailer
and then delivered to a consumer.
[Added 8-4-2021 by Ord. No. 21-13]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 8-4-2021 by Ord. No. 21-13]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-4-2021 by Ord. No. 21-13]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers.
[Added 8-4-2021 by Ord. No. 21-13]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 8-4-2021 by Ord. No. 21-13]
Shall mean a governmental acquisition of real property or
a major construction project.
Shall mean a roofed structure providing space for the parking
of motor vehicles and enclosed on not more than three sides.
Shall mean a story partly underground and having more than
1/2 of its clear height below the mean elevation of the finished lot
grade at the front building line.
Shall mean a watercourse with a definite bed and banks which
confine and conduct continuously or intermittently flowing water.
Shall mean one or more of the following: church, manse, house,
temple, synagogue, rectory, convent, parish or similar building incidental
to the particular use; school for religious education, convents, teachers,
communicants and domestic or maintenance employees; but not including
business offices, except administrative offices incidental to the
operation of the particular use, rescue missions or the occasional
use for religious purposes or properties not regularly so used.
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, railways, waterways, towers, airways,
pipes and conduits and the handling of people and goods by such means
as terminals, stations, warehouses and other storage buildings or
transshipment points.
Shall mean an open space area within or related to a site
designated as a development and designed and intended for the use
or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as
are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
Shall mean the form prescribed by the Borough which is designated
"Application for Development," completely filled out and signed by
the applicant, accompanied by all required documents and information
in form and content as prescribed by the applicable sections of this
chapter with sufficient copies of each to comply with this chapter
and accompanied by payment of the requisite fees.
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 therefor by the Unified Planning Board.
Shall mean development other than planned development.
Shall mean any open, unoccupied area which is bounded by
three or more attached building walls.
Shall mean any area which is environmentally sensitive, or
which if disturbed during construction would adversely affect the
environment, including but not limited to stream corridors, flood
hazard areas, slopes greater than 20%, highly acidic or highly erodible
soils, area of high water table and mature stands of native vegetation.
Shall mean a street or portion of a street in which accessibility
is limited to only one ingress and egress.
Shall mean calendar days.
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 any other
person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to this
chapter.
Shall mean a Zoning Ordinance, Subdivision Ordinance, Site
Plan Ordinance, Official Map Ordinance or other municipal regulation
of the use and development of land, or amendment thereto, adopted
and filed pursuant to this chapter.
Shall mean any activity involving the clearing, excavating,
storing, grading, filling or transporting of soil or any other activity
which causes soil to be exposed to the danger of erosion.
Shall mean a channel, with or without a supporting ridge
on the lower side, constructed across or at the bottom of a slope.
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 nonpaying pollution, to maintain the integrity of stream
channels for their biological functions, as well as for drainage,
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
Shall mean a building where food and/or beverages are sold
in a form ready for consumption and where a portion of the consumption
of same takes place or is designed to take place outside of the confines
of the building but on the building lot.
Shall mean a building or portion thereof designed for and
used exclusively for residential occupancy, including one-family,
two-family and multiple-family dwellings, and not including apartment
hotels, hospital hotels, boardinghouses, multiple homes, residential
clubs, rooming houses, tourist courts, trailers and the like.
Shall mean a detached building containing only one dwelling
unit for exclusive use by one family.
Shall mean one or more living or sleeping rooms with cooking
and sanitary facilities for one person or one family. The dwelling
unit shall be self-contained and shall not require passing through
another dwelling unit or other indirect route(s) to get to any other
portion of the dwelling unit, nor shall there be shared facilities
with another family.
Shall mean a municipal advisory body created pursuant to
N.J.S.A. 40:56A-1 et seq.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean one or more persons occupying a dwelling unit
who prove by clear and convincing evidence that the dwelling unit
is occupied as a single nonprofit housekeeping unit.
Shall mean a constructed barrier of wood, masonry, stone,
wire, metal or any other noneffectives material, or combination of
such materials, erected for the enclosure or screening of yard area
or other areas on a lot.
Shall mean the official action of the Unified Planning Board
taken on a preliminarily 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 guaranties properly posted for their completion, or an approval
conditioned upon the posting of such guaranties.
Shall mean the susceptibility of a specific land use at a
particular location to damage by flooding and the potential of the
specific land use to increase off-site flooding or flood-related damages.
Shall mean that portion of the flood hazard area outside
of the folkway.
Shall mean the floodplain or the total area inundated during
the flood of record, or the area delineated by the Department of Environmental
Protection, by Housing and Urban Development, or by analysis of soil
condition characteristics of floodplains, whichever is greater.
Shall mean the highest elevation, expressed in feet above
sea level, of the flood of record or as determined by the criteria
set forth in "flood hazard area" above.
Shall mean a map prepared by the Department of Environmental
Protection showing the channel, folkway and fringe area, or, in the
event such map has not been prepared, maps showing the flood hazard
area.
Shall mean the greatest flood in a given area for which accurate
records are available or the flood hazard area, whichever is greater.
Shall mean same as the "flood hazard area."
Shall mean the portions of the floodplain adjoining the channel
which are reasonably required to carry and discharge the floodwater
or flood flow of any natural stream. The folkway shall be delineated
by the Department of Environmental Protection.
Shall mean measured by using the outside dimensions of a
residential portion of a building, excluding the area of an attached
garage. For a split-level or a tri-level dwelling, the area shall
be considered to be the sum of the areas of two largest adjoining
levels.
Shall mean the sum of the gross horizontal areas of the several
floors of the building or buildings measured from the exterior facing
of exterior walls, or from the center line of walls separating two
buildings. In addition, for retail and commercial uses, gross floor
area is the area used or intended to be used for service to the public
as customers, patrons, clients or tenants, including areas occupied
by fixtures and equipment, and used for the display or sale of merchandise,
but not including storage area.
Shall mean a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles
of occupants of the main building, and wherein not more than one space
is rented to persons not residents of the lot, or not more than one
commercial vehicle not to exceed one ton rated capacity or four wheels
may be parked.
Shall mean a building or part thereof, other than a private
garage, used for the storage, care or repair of motor vehicles for
profit, or where any such vehicles are kept for hire.
Shall mean a structure housing more than two dwelling units
and in which each unit shares certain service facilities, including
but not all inclusive of utility services, parking areas, walkways,
open areas, laundry and the like.
Shall mean a pavilion or belvedere, a structure, such as
a summerhouse or an open-roofed gallery.
Shall mean a room or group of rooms used for conducting the
affairs of a business, service, industry or government.
Shall mean the Mayor and Council of the Borough of Matawan.
Shall mean the elevation of the center line of streets as
officially established by the Township, County or State authorities.
Shall mean the completed surfaces of lawns, walks and roads
brought to grades as shown on official plans or designs related thereto.
Shall mean any real property, manmade structure, natural
object or configuration or any portion or group of the foregoing of
historical, archaeological, cultural, scenic or architectural significance.
Shall mean a physician, surgeon, dentist, lawyer, bookkeeper,
accountant, auditor, architect, engineer, seamstress, artist, tutor,
broker or member of a design profession. The sale of goods or merchandise
not produced on the premises shall not be considered a home occupation.
Shall mean a building designed for occupancy as a temporary
residence of one or more persons who are lodged with or without meals.
Shall mean and include:
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
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 right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter or whose rights to use, acquire or enjoy property under this
chapter or under any other law of this State or of the United States
have been denied, violated or infringed by an action or a failure
to act under this chapter.
Shall mean any area or structure used or intended to be used
for the conducting and operating of the business of selling, buying,
storing or trading in used or discarded metal, glass, paper, cordage
or any used or disabled fixtures, vehicles or equipment of any kind.
Shall mean and include improvements and fixtures on, above
or below the surface.
Shall mean an off-street space or berth abutting upon a street
or other appropriate means of access intended for the temporary parking
of a commercial vehicle while loading or unloading merchandise or
materials.
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.
Shall mean the total area within the lot lines of a lot,
expressed in terms of square feet or acres. Any portion of a lot in
a public right-of-way, existing or proposed, shall not be included
in calculating lot area.
Shall mean a parcel of land at the junction of and fronting
on two or more intersecting streets.
Shall mean the amount of a lot, stated in terms of percentage,
that is covered by all buildings, structures, impervious coverage
located thereon but shall not be deemed to include fences, walls or
hedges used as fences, ponds, or above ground pools.
Shall mean the average distance between the front and rear
lot lines measured in the mean direction of the side lot lines.
Shall mean a lot other than a corner lot.
Shall mean in the case of an interior lot, a line separating
the lot from the street, and in the case of a corner lot, a line separating
the narrowest street frontage of the lot from the street.
Shall mean a lot line which is opposite and most distant
from the front lot line, and in the case of an irregular shaped lot,
the line which is most nearly parallel to and at the greatest average
distance from the street line.
Shall mean any lot boundary line not a front lot line or
a rear lot line.
Shall mean a corner lot, the rear of which abuts upon the
side of another lot.
Shall mean the distance between the side lot lines, measured
at right angles to the lot depth at a point which constitutes the
rear line of the required front yard space.
Shall mean any security which may be accepted by a municipality
for the maintenance of any improvements required by this chapter,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.3 and cash.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean a composite of one or more written or graphic
proposals for the development of the Borough adopted pursuant to this
chapter.
Shall mean the chief executive of Matawan Borough.
Shall mean a subdivision of land that does not result in
more than two lots or involve a planned development, any new street
or the extension of any off-tract improvement.
Shall mean a building within a mixed use development containing
both residential and nonresidential uses.
Shall mean a tract of land developed with a variety of complementary
and integrated uses in a compact urban form.
Shall mean the application of plant or other suitable materials
on the soil surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
Shall mean the Unified Planning Board, Governing Body or
any agency created by or responsible to the Borough when acting pursuant
to this chapter.
Shall mean the Borough of Matawan.
Shall mean a lot the area, dimensions and location of which
were lawful prior to the adoption, revision or amendment of this chapter,
but that fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Shall mean a structure the size, dimensions and location
of which were lawful prior to the adoption, revision or amendment
of this chapter, but that fails to conform to the requirements of
the zoning district in which it is located by reason of such adoption,
revision or amendment.
Shall mean a use or activity that was lawful prior to the
adoption, revision or amendment of this chapter, but that fails to
conform to the requirements of the zoning district in which it is
located by reason of such adoption, revision or amendment.
Shall mean an offensive, annoying, unpleasant or obnoxious
thing or practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affects a human being, or the generation of an excessive or concentrated
movement of people or things, such as but not limited to:
Noise;
Dust;
Smoke;
Fumes;
Odor;
Glare;
Flashes;
Vibrations;
Shock waves;
Heat;
Electronic or atomic radiation;
Objectionable effluent;
Noise of congregation of people, especially at night;
Passenger traffic;
Transportation of things by truck, rail or other means;
Invasion of nonabutting street frontage by parking;
The obscuring or marking of adjacent or nearby property by projecting
signs, marquees or canopies;
Any adverse effect on value or desirability of nearby property
caused by such matters as incongruous appearance, exposed storage
of inoperable automobiles, junk, materials and neglect.
Shall mean a school designed to provide daytime care or instruction
for two or more children from two to six years of age, inclusive,
and operated on a regular basis.
Shall mean a building providing shelter and/or supplemental
health care for the elderly or infirm and meeting the standards of
the New Jersey State Department of Institutions and Agencies to operate
as a nursing home.
Shall mean and include but not be limited to any structure,
fill, excavation, channel modification, rock, gravel, refuse or matter
in, along, across or projecting into any channel, watercourse or flood
area which may impede, retard or change the direction of the flow
of water either in itself or by catching or collecting debris carried
by such water or that is placed where the flow of water might carry
the same downstream to pose a danger to life or property.
Shall mean the map, with changes and additions therein, adopted
and established, from time to time, by resolution of the Board of
Chosen Freeholders of the County, pursuant to N.J.S.A. 40:27-5.
Shall mean the Official Map, with changes and additions therein,
adopted pursuant to this chapter.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) that is the subject
of a development application or within a contiguous portion of a street
or right-of-way.
Shall mean located neither on the property that is in the
subject of a development application nor on a contiguous portion of
a street or right-of-way.
Shall mean located on the lot in question.
Shall mean located on the property that is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
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 off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Shall mean an individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to develop
the same under this chapter.
Shall mean an area other than a street, used for the parking
of motor vehicles.
Shall mean the joint utilization of a parking area for more
than one use in which the spaces are used at different times by different
uses resulting in a lower peak demand than would otherwise result
from a cumulative addition of the individual parking requirements
of all permitted uses on site.
Shall mean a space in a garage or parking area reserved for
the parking of only one automobile. This space is exclusive of driveways,
ramps, columns, office and work area.
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 N.J.S.A. 40:55D-53.5 and cash.
Shall mean any use which shall be allowed subject to the
provisions of this chapter.
Shall mean the Unified Planning Board of the Borough of Matawan,
which shall have the authority to exercise the powers of a Zoning
Board.
Shall mean a map or maps of a subdivision or site plan.
Shall mean a children's temporary structure.
A play house, fort or play platform cannot be used for storage
of any material.
A play house, fort or play platform cannot be used for sleeping
quarters.
A play house, fort or play platform cannot be placed in the
front yard.
A play house, fort or play platform cannot be placed on the
property where it would cause deprivation of a neighbor's privacy.
Shall mean the conferral of certain rights as to site plans
and major subdivision prior to final approval and after specific elements
of a development plan have been agreed upon by the Unified Planning
Board and the applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project, illustrating in a
schematic form its scope, scale and relationship to its site and immediate
environs.
Shall mean a building in which is conducted the main or principal
use of the lot on which the building is situated.
Shall mean the office of a recognized profession, including
architects, artists, authors, dentists, doctors or physicians, landscape
architects, lawyers, ministers, optometrists, professional engineers
and such other professional occupations which may be so designated
by the Unified Planning Board upon finding by such Board that such
occupation is truly professional in character by virtue of the need
of similar training, and especially as a condition for the practice
thereof. The issuance of a State or local license for regulation of
any gainful occupation need not be deemed indicative of professional
standing.
Shall mean any use which shall not be allowed under any circumstances.
Shall mean public parks, playgrounds, trails, paths and other
recreational areas and public open spaces, scenic and historic sites
and sites for schools and other public buildings and structures.
Shall mean a Master Plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches or required along a natural
stream or watercourse for preserving the biological as well as drainage
function of the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation and erosion and to
assure the adequacy of existing and proposed culverts and bridges
to induce water recharge into the ground where practical and to lessen
nonpaying pollution.
Shall mean an open space area conveyed or otherwise dedicated
to the Borough, a municipal agency, the regional Board of Education,
a State or County agency or any other public body for recreational
or conservational uses.
Shall mean the majority of the full authorized membership
of a municipal agency.
Shall mean an area to be developed as a single entity according
to a plan containing residential housing units which have a common
or public open space area as an appurtenance.
Shall mean the number of dwelling units per gross acre of
residential land area, including streets, easements and open space
portions of a development.
Shall mean a structure attached to a single-family residential
structure for the purpose of occupancy as a sunroom or parlor principally
enclosed in glass, plastic or other transparent design. The repair,
replacement or renovation of any existing approved residential solarium
shall not be subject to Planning Board or Zoning Board approval if
the existing footprint of the structure is not changed or expanded
as a result of the repair, replacement or renovation of the new solarium.
Shall mean 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 the alteration of any streets or the
establishment of any new streets within any subdivision previously
made and approved or recorded according to law. Not included are conveyances
merely combining existing lots by deed or other instrument.
Shall mean a temporary structure capable of being stored,
a movable device, especially a framed construction designed to keep
out insects, usually with a canvas roof.
Shall mean solid material, both mineral and organic, that
is in suspension, is being transported or has been removed from its
site or origin by air, water or gravity as a product of erosion.
Shall mean the deposit of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean a barrier or dam built across a waterway or at
other suitable locations to retain rock, sand, gravel or silt or other
material.
Shall mean a storage building, either freestanding or attached
to a larger structure, where supplies, household articles, lawn equipment
or odds and ends may be stored. The maximum door(s) width may not
exceed six feet. The maximum size of the floor area will not exceed
160 square feet. The maximum height will not exceed 12 feet, or 165
square feet, outside dimensions.
Any structure larger than 165 square feet outside dimension
will be an accessory building.
A shed can be installed in an R-100, R-75 or R-50 Zone.
A shed may be installed no closer than one foot from the rear
or side lot line.
Only one shed will be permitted on a lot; a second shed on the
same lot will be considered an accessory building and must meet all
the requirements of an accessory building for that zone.
A shed cannot be used as a sleeping quarters.
A shed cannot be used for storage of contractor equipment.
A shed cannot be placed in the front yard.
A shed must meet all the requirements of front yard setbacks
of an accessory building.
No shed will have sanitary facilities.
No business can be conducted from a shed.
A building permit must be taken out to install a shed.
Shall mean a group of commercial establishments planned,
constructed and managed as a unit with customer and employee off-street
parking, truck loading and unloading facilities, landscaping, pedestrian
walkways, utilities and sanitary facilities provided on the property.
The integrated development, planned as an architectural unit, shall
be related in location, size and type of shops to the trade area which
the unit serves and may include such uses as retail stores and shops,
personal services establishments, professional and business offices,
banks, post offices, restaurants, theaters and auditoriums housed
in an enclosed building or buildings.
Shall mean any device for visual communication that is used
for the purpose of bringing the subject thereof to the attention of
the public.
Shall mean a sign which directs attention to a business,
commodity, service or other facility conducted, sold or offered elsewhere
than on the premises where the sign is located.
Shall mean a sign which directs attention to a business,
commodity, service or other facility conducted, sold or offered upon
the premises where such sign is located or to which it is affixed.
Shall mean a sign in which the artificial light is not maintained
constant in intensity, color or frequency at all times when such sign
is in use.
Shall mean the entire space within a single continuous perimeter
enclosing the extreme limits of a sign.
Shall mean a development plan of one or more lots on which
is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
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 and
screening devices.
Any other information that may be reasonably required in order
to make an informed determination pursuant to this chapter.
Shall mean all unconsolidated mineral and organic material
of whatever origin that overlies bedrock.
Shall mean a plan developed in accordance with the broad
principles contained in this chapter, based on the specific standards
and specifications of the latest edition of Standards for Soil Erosion
and Sediment Control in New Jersey, and designed to prevent soil erosion
and sedimentation.
Shall mean a permit directed to be issued pursuant to N.J.S.A.
40:55D-76 for a building or structure in the bed of a mapped street
or public drainageway or flood control basin or public area, or for
the erection of a building or structure on a lot that does not abut
a street.
Shall mean and include standards which are:
Adopted by this chapter regulating noise levels, glare, earth-borne
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 similar matters as may be reasonably required
by the Borough; or
Required by applicable Federal or State laws or municipal ordinances.
A standby generator is a back-up electrical system that automatically
supplies power in the event of a utility outage. After utility power
returns, the standby generator transfers the electrical load back
to the utility, shuts itself off, and returns to a standby mode and
awaits the next outage.
Minimum side yard setbacks for standby generators shall read
as follows:
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Generators must be enclosed by a sound attenuated weather proof
box or cabinet and shall be no closer than three feet to any lot line
provided that all screening and noise-reduction requirements are met.
Standby generators shall conform to the requirements of the current
International Building Code (both commercial and residential edition)
approved by the State of New Jersey.
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The above provisions or requirements shall pertain to all zones
with the Borough of Matawan, and shall include but be not limited
to, residential, commercial, general business, special business, as
defined in the General Zoning Ordinance of the Borough.
Shall mean any storm drainage technique which retards or
detains runoff, such as a detention or retention basin, parking lot
storage, rooftop storage, porous pavement, dry wells or any combination
thereof.
Shall mean that portion of a building included between the
surface of any floor and the surface of the floor next above it, or
if there be no floor above it, then the space between the floor and
the ceiling next above it.
Shall mean a partial story under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than four feet above the floor of such story.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection under the provisions of N.J.S.A. 58:16A-55.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way:
Which is an existing State, County or municipal roadway; or
Which is shown upon a plat heretofore approved pursuant to law;
or
Which is approved by official action as provided by this chapter;
or
Which is shown on a plat duly filed and recorded in the Office
of the County Recording Officer prior to the appointment of a Unified
Planning Board and the granting to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulder, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
For purposes of this chapter, streets are hereby classified as follows:
Controlled access highways are those that are used by heavy-duty
traffic and which permit no access from abutting property.
Major thoroughfares are those which are used primarily for heavy
and through traffic.
Collector streets are those which carry traffic from minor streets
to the major thoroughfares, including the principal entrance streets
of a residential development and streets for circulation within such
a development.
Minor streets are those which are used primarily for access
to the abutting properties.
Marginal service streets are those which are parallel or adjacent
to controlled access highways or major thoroughfares and which provide
access to abutting properties and protection from through traffic.
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.
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.
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 chapter if no new streets are created:
Divisions of land found by the Unified 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.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Divisions of property by testamentary or intestate provisions.
Consolidation of existing lots by deed or other recorded instrument.
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 this chapter and are shown and designated as separate lots, tracts
or parcels on the Tax Map of the Borough. The term "subdivision" shall
also include the term "resubdivision."
Shall mean a committee of at least three Unified Planning
Board members appointed by the Chairman of the Board for the purpose
of reviewing subdivisions in accordance with the provisions of this
chapter and such duties relating to land subdivision which may be
conferred on this Committee by the Board.
Shall mean the specific purpose for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
Shall mean permission to depart from the literal requirements
of this chapter.
Shall mean an open space which lies between the principal
or accessory building or buildings and the nearest lot line, unoccupied
and unobstructed from the ground upward except as herein permitted.
Shall mean an open space extending the full width of the
lot, measured from and at right angles to the front lot line, unoccupied
and unobstructed from the ground upward.
Shall mean a yard extending across the full width of the
lot measured from and at right angles to the rear lot line, unoccupied
and unobstructed from the ground upward except as may be specified
in this chapter.
Shall mean an open, unoccupied space measured from and at
right angles to the side lot line of the lot and extending from the
minimum front yard to the minimum rear yard, except as may be specified
elsewhere in this chapter.
Shall mean a qualified person appointed by the municipal
appointing authority or the Commissioner pursuant to N.J.S.A. 40:55D-1
et seq. and the regulations to enforce and administer the regulations
within the jurisdiction of the enforcing agency.
