[Ord. No. 11-1313 § 1; Ord. No. 11-1314 § 1; Ord. No. 11-1317 § 1. Additional amendments noted where applicable.]
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Whenever a term is used in this Chapter which is defined in the MLUL, such term shall have the same meaning as the Municipal Land Use Law (MLUL).
110% PRODUCTIONAn energy system that produces up to 110% of the energy that the principal use consumes on average in a year.
ABUTTING COUNTY ROADAny existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
ACCESSA physical entrance to property.
ACCESSORY BUILDING OR STRUCTUREA building or structure, the use of which is customarily incidental and subordinate to that of the principal building located on the same lot. When 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 thereof. For purposes of this Chapter, retaining walls and drainage basins shall not be considered an accessory structure.
[Amended 12-3-2024 by Ord. No. 2024-1518]
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.
ACTIVE ADULT COMMUNITYA private residential community in which at least 80% of the dwelling units are permanently occupied by at least one person 55 years of age or over and in which no children under the age of 18 are permitted to reside on a permanent basis. Appropriate restrictive covenants shall be imposed upon the community to ensure compliance with these age restrictions and with the "housing for older persons" exemptions of the Federal Fair Housing Act, 42 USC 3601 et seq.
ADDITIONA structure added to the original structure at some time after the completion of the original structure.
ADMINISTRATIVE OFFICERThe Borough Administrator, or his/her designee, shall serve as the Administrative Officer for the activities required under the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.).
ADVERSE EFFECTDevelopment designs, situations or existing features on a developer's property or any nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or non-complying conditions such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any area reserved for public use or land for open space in a planned development; infringement upon land designated as wetlands, wetland buffers, or areas subject to flooding; and the creation of conditions leading to soil erosion by wind or water from excavation or grading, all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this Chapter.
AGRICULTURAL USELand which is devoted to the growing and harvesting of crops and/or the raising and breeding of poultry and livestock, including dairies, nurseries, greenhouses and accessory buildings incidental to agricultural uses including but not limited to: forages and sod crops; grain and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and raising of any or all such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the Federal government. Agricultural use shall also include horticultural uses for land which is devoted to the production of fruits of all kinds, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products.
[Amended 9-19-2023 by Ord. No. 2023-1507]
The traveled way by which cars enter and depart parking spaces.
ALLEYA service way providing vehicular service access or pedestrian access to the back or side of properties otherwise abutting on a street.
ALTERATIONAny change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structure. "Alteration" shall also mean and include any conversion of a building or a part thereof from one use to another or the moving of a building or structure from one location to another. "Alteration" shall not be construed to mean any necessary repairs and renovation of an existing structure solely for the purpose of maintenance and/or improvements of the appearance.
ANTENNAAny transmitting or receiving device mounted on a tower, building or structure, and used for communications that radiate or capture electromagnetic waves, digital signals, analogue signals, radio frequencies (excluding radar signals), wireless communications signals or other communication signals. Excepted from this definition are antenna used exclusively by ham radio operators or other residential users.
APPLICANTA developer submitting an application for development.
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this Chapter.
APPROVED PLANA plan, which has been granted final approval by the Planning Board or Board of Adjustment of the Borough of Tinton Falls.
APPROVING AUTHORITYThe Borough of Tinton Falls Planning Board or Board of Adjustment as the case may be, unless a different agency is designated by this Chapter.
APPURTENANCESThe visible, functional, or ornamental objects accessory to and part of buildings.
ARCHITECTURAL DETAILSThe use of elements such as, but not limited to, roofed open porches, chimneys, and stairs (open and covered), to provide architectural interest and variation in the building facade. In no case are cantilevers considered "architectural details".
ASPHALT MANUFACTURING PLANTA manufacturing facility for the creation of asphalt paving materials (asphaltic concrete) by combining liquid asphalt and various aggregates, including the storage and dispensing of the asphalt paving materials.
ASSOCIATIONThe entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.
ATTICThe open non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building, as defined by the Building Code.
AUTOMOBILE CAR WASHA structure containing facilities for washing automobiles and automatic or semi-automatic application of cleaner, brushes, rinse water or heat for drying and where no junked or unregistered vehicles are kept or stored.
AUTOMOBILE FUELING STATIONAny premises used for the retail sale of gasoline, oil or other products necessary for the maintenance and operation of motor vehicles and where no junked or unregistered vehicles are kept or stored.
AUTOMOBILE QUICK-LUBE SHOPAny premises used for services limited to oil/fluid changes of motor vehicles and minor repairs thereof and where no junked or unregistered vehicles are kept or stored.
AUTOMOBILE REPAIR SHOPAny premises used for services necessary for the maintenance and operation of motor vehicles and minor repairs thereof and where no junked or unregistered vehicles are kept or stored. For purposes of this Chapter, automobile repair shops include specialty repair and service businesses for vehicular repair or maintenance such as, but not limited to, body shops, shops for transmissions, brakes, tune-ups, tire sales, wheel alignments, and mufflers.
BALCONYAn open-air structure attached to a building in a cantilevered manner, without a roof, and located above the first floor level. The edges of the balcony shall have a railing and the structure shall meet the setback requirements for the building to which it is attached. Balconies shall not project more than eight feet from the building and shall not exceed more than 120 square feet in area. For purposes of this Chapter, an open-air structure supported from the ground is considered a "deck".
BANKS AND FIDUCIARY INSTITUTIONSAny structure wherein business of primarily a monetary nature is transacted, such as banks, savings and loans associations, mortgage companies and similar institutions.
BASEMENTA floor partially below grade level having 1/2 or more of its floor-to-ceiling height above grade and with a floor-to-ceiling height of not less than 6 1/2 feet. (See CELLAR)
BILLBOARDA sign advertising an occupant, product or service on other than the lot upon which the billboard is located.
BLOCKThe length of a street between two street intersections.
BOARDThe Borough of Tinton Falls Planning Board or the Borough of Tinton Falls Zoning Board of Adjustment, whichever is acting on an application for development.
BOATA vehicle for traveling in or on water.
BRIDGEA structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or any depression.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGEThe ratio of the horizontal area of all buildings on a lot measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area exclusive of roof overhangs less than 18 inches. Building coverage shall also include the floor area of unenclosed porches, decks, gazebos, etc., that are constructed with a solid roof.
[Amended 10-1-2019 by Ord. No. 2019-1452]
The ratio of the horizontal area of all accessory buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area exclusive of roof overhangs less than 18 inches. Building coverage shall also include the floor area of unenclosed porches, decks, gazebos, etc., that are constructed with a solid roof.
[Amended 10-1-2019 by Ord. No. 2019-1452]
The ratio of the horizontal area of all principal buildings measured from the exterior surface of the exterior walls of the ground floor on a lot to the total lot area exclusive of roof overhangs less than 18 inches. Building coverage shall also include the floor area of unenclosed porches, decks, etc., that are constructed with a solid roof.
[Amended 10-1-2019 by Ord. No. 2019-1452]
The two-dimensional space within which a principal structure is permitted to be built on a lot and that is defined by minimum yard setbacks.
BUILDING HEIGHTThe vertical distance as measured from the grade plane to the average height of the highest roof surface. In the case of sloped roofs, the average height is the mid-point between the roof eave and roof ridge. In the case of a building that has multiple roof levels, the highest of the various roof levels must be used to determine the building height. Chimney, elevator equipment and mechanical utility equipment, and any associated screening or enclosures may exceed the permitted "building height" by up to 10 feet, or up to 10% above the permitted building height, whichever is less.
BUILDING LINEA line parallel to the street line or the lot line touching that part of a building closest to the street or lot line. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface. In the case of attached porches, decks and balconies the building line will coincide with the most projected surface. All yard requirements shall be measured to the building line.
BULK REGULATIONSStandards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, and yard requirements.
CALIPERThe diameter of a tree trunk measured in inches a distance of six inches off of the ground.
CANNABISaLl parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.) for use in cannabis products as set forth in this chapter, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (N.J.S.A 24:6I-1 et seq.) and P.L.2015, c.158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L.2001, c.114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L.1970, c.226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L.1970, c.226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L.2019, c.238 (N.J.S.A. 4:28-6 et seq.). (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
As further described in section 28 of P.L.2019, c.153 (N.J.S.A. 24:6I-21), a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
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. This person or entity shall hold a Class 1 Cannabis Cultivator license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 Cannabis Delivery license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
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. This person or entity shall hold a Class 4 Cannabis Distributor license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
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. This person or entity shall hold a Class 2 Cannabis Manufacturer license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: (1) usable cannabis by itself; or (2) cannabis extract by itself; or (3) any other cannabis resin by itself. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
The resin extracted from any part of the plant Cannabis sativa L., including cannabis extract and resin extracted using non-chemical processes, processed and used in accordance with P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.). "Cannabis resin" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (N.J.S.A. 24:6I-1 et seq.) and P.L.2015, c.158 (N.J.S.A. 18A:40-12.22 et seq.); hashish as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L.2001, c.114 (N.J.S.A. 2C:35B-1 et seq.), or as defined in Section 2 of P.L.1970, c.226 (N.J.S.A. 24:21-2) and applied to any offense of the New Jersey Controlled Dangerous Substances Act, P.L.1970, c.226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L.2019, c.238 (N.J.S.A. 4:28-6 et seq.). (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
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 cannabis handler certified for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
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. This person or entity shall hold a Class 3 Cannabis Wholesaler license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A self-supporting roof-like shelter or marquee without sides, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to a building, which shall be construed to be a part of the building to which it is affixed.
CAPITAL IMPROVEMENT PROGRAMA timetable or schedule of all future capital improvements to be carried out during a specific period and listed in order of priority, and may also include cost estimates and the anticipated means of financing each project.
CAR AND TRUCK DEALERSAny premises used for the display, sale or lease of new and/or used automobiles (including light trucks, vans, trailers, or recreational vehicles), the financing of those sales or leases, and vehicle preparation, warranty or repair work by trained automotive technicians.
CARTWAYThe hard or paved area of a street between the curbs, including travel lanes and parking areas, but not including curbs, sidewalks or swales. Where there are no curbs, the cartway is that portion between the edges of the paved width.
CELLARA space with less than 1/2 of its floor-to-ceiling height above grade or with a floor-to-ceiling height of less than 6 1/2 feet. (See BASEMENT)
CEMETERYA tract of land devoted for the internment of the dead.
CERTIFICATE OF OCCUPANCY (CO)A document issued by the Construction Official and/or Zoning Code Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed and/or renovated according to and in compliance with all the applicable state codes and municipal ordinances and resolutions.
CERTIFICATIONA signed, written statement by the Borough Engineer and/or Construction Official that specific constructions, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this Chapter or regulations adopted hereunder.
CHANGE IN USEAny use of a building or land which is in any manner different from the previous use by way of function, operation, extent, products sold or manufactured and the like, but not including a change in ownership or occupancy unless the nature of the use, as described above, is changed.
CHARGING LEVELThe amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
[Added 3-1-2022 by Ord. No. 2022-1484]
A. Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
CHILD CARE CENTERAn establishment providing for the care, supervision and protection of children that is licensed by the State of New Jersey pursuant to N.J.S.A. 30:5B-1 et seq.
CHURCHES AND PLACES OF RELIGIOUS WORSHIPA building or structure, or groups of buildings or structures, that by design and construction is primarily intended for conducting organized religious services and associated accessory uses.
CIRCULATIONSystems, 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.
CLUBA group of people organized for a common purpose to pursue common goals, interests, or activities, and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.
CLUSTER DEVELOPMENTA development where the permitted number of dwelling units is designed onto one or more portions of the overall tract so that the developed portions of the tract have higher densities while other portions of the tract are left undeveloped to be designed for some public use, or left in open space, common open space, or common property (excluding stormwater management facilities) so that overall the gross density of the entire tract is not exceeded.
CO-LOCATIONThe use of a common wireless telecommunications tower or a common structure, by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.
COMMERCIAL VEHICLESA truck, bus, van, sedan, delivery vehicle, or station wagon with advertising matter on the side, or any other commercially used vehicle.
COMMISSIONThe Cannabis Regulatory Commission established pursuant to section 31 of P.L.2019, c.153 (N.J.S.A. 24:6I-24). (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
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.
COMMON OWNERSHIPOwnership of two or more contiguous parcels of real property by one person or by two or more persons or entity owning such property jointly.
COMMON PROPERTYMeans and includes but shall not be limited to facilities for the common use of two or more dwellings units, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDAny community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act N.J.S.A. 26:2H-1 et seq. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny 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 N.J.S.A. 30:14-1 to 30:14-14 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 and psychological welfare.
COMPLETE APPLICATIONAn application form completed as specified by this Chapter and the rules and regulations of the Borough and all accompanying documents required by this Chapter for approval of the application for development.
CONDITIONAL LICENSEA temporary license designated as either a Class 1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis Delivery license that allows the holder to lawfully act as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service as the case may be, which is issued pursuant to an abbreviated application process, after which the conditional license holder shall have a limited period of time in which to become fully licensed by satisfying all of the remaining conditions for licensure which were not required for the issuance of the conditional license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
An informal review of a plan for development that carries no vesting rights or obligations on any party.
CONCRETE MANUFACTURING PLANTA manufacturing facility for the creation of concrete building and paving materials (concrete) by combining cement, water and various aggregates, including the storage and dispensing of the concrete building and paving materials.
CONDITIONAL USEA use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location and operation of such use as contained in the Zoning Regulations and upon issuance of an authorization therefore by the Planning Board or Board of Adjustment.
CONDOMINIUMThe form of ownership of real property under a master deed providing for ownership by one or more owners of units or improvements together with an undivided interest in common elements appurtenant to each such unit.
CONSOLIDATIONThe removal of lot lines between contiguous parcels.
CONSTRUCTION OFFICIALThe Borough Official specified in the Borough Code who is charged with administering the Construction Code.
CONSTRUCTION PERIODA limited time period of development activities, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy, or two years, whichever is less.
CONSTRUCTION PERMITLegal authorization for the erection, alteration or extension of a structure.
CONSTRUCTION STANDARDSWhen used in this Chapter, the construction specifications and standard construction details as prepared by the Borough Engineer of the Borough of Tinton Falls.
CONSUMPTIONThe act of ingesting, inhaling, or otherwise introducing cannabis items into the human body. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A composite of the plan elements 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 Chapter 291 of the Laws of New Jersey.
CREMATORYA building with a furnace called a retort which is used to cremate human remains.
CRITICAL ENVIRONMENTAL AREASThe following areas are designated critical areas within the Borough:
A. All surface water bodies.
Floodplains and Flood Hazard areas.
CUL-DE-SACThe turnaround at the end of a dead-end street.
DEAD-END STREETA street or portion of a street, which is accessible by a single means of ingress or egress.
DECKAn unroofed platform either freestanding or attached to the building at or above 18 inches from the finished grade and not covered by a permanent roof. A deck may be constructed above a first floor portion of a building, at the floor level of the second story, but not above that level.
DEDICATIONAn appropriation of land to some public use made by the owner and accepted for such use by or on behalf of the public.
DELIVERYThe transportation of cannabis items and related supplies to a consumer. "Delivery" also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
The permitted number of dwelling units per gross area of land to be developed.
DEP RECYCLABLE MATERIAL LAWSAs used and applied in this Chapter, DEP Recyclable Material Laws shall consist of N.J.S.A. 13:1E-99.34b and N.J.A.C. 7:26A-1.3, as well as any successor statutes and/or regulations that shall supersede their provisions in the future.
CLASS A RECYCLING FACILITY — A single stream recycling facility which accepts, collects, moves, transfers, processes for reuse, stores and/or separates source separated nonputrescible Class A Recyclable Material in accordance with DEP Recyclable Material Laws. |
CLASS A RECYCLABLE MATERIAL — A source separated nonputrescible recyclable material specifically excluded from NJDEP approval prior to receipt, storage, processing or transfer at a recycling center in accordance with DEP Recyclable Material Laws. |
CLASS B RECYCLING FACILITY — A single stream recycling facility which accepts, collects, moves, transfers, processes for reuse, stores and/or separates source separated Class B Recyclable Material in accordance with DEP Recyclable Material Laws. |
CLASS B RECYCLABLE MATERIAL — A source separated recyclable material which is subject to NJDEP approval prior to receipt, storage, processing or transfer at a recycling center in accordance with DEP Recyclable Material Laws. |
CLASS C RECYCLING FACILITY — A single stream recycling facility which accepts, collects, moves, transfers, processes for reuse, stores and/or separates source separated compostable Class C Recyclable Material in accordance with DEP Recyclable Material Laws. |
CLASS C RECYCLABLE MATERIAL — A source separated compostable material which is subject to NJDEP approval prior to the receipt, storage, processing or transfer at a recycling center in accordance with DEP Recyclable Material Laws. |
CLASS D RECYCLING FACILITY — A single stream recycling facility which accepts, collects, moves, transfers, processes for reuse, stores and/or separates source separated Class D Recyclable Material in accordance with DEP Recyclable Material Laws. |
CLASS D RECYCLABLE MATERIAL — A source separated recyclable material which is subject to NJDEP approval prior to receipt, storage, processing or transfer at a recycling center in accordance with DEP Recyclable Material Laws. |
SINGLE STREAM RECYCLING FACILITY — A facility which accepts, collects, moves, transfers, processes for reuse, stores and/or separates a single class of recyclable materials (e.g., Class A, Class B, Class C, or Class D) as defined by DEP Recyclable Material Laws, or scrap metal. |
The legal or beneficial owner or owners of a lot or of any land 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.
DEVELOPMENTThe 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; any mining, excavation, landfill or land disturbances and any use, change in use or extension of use of land for which permission may be required pursuant to this Chapter.
DEVELOPMENT REGULATIONZoning, subdivision, site plan, official map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DRIVEWAYA paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a lot, building or other structure or facility.
DWELLINGA structure or portion thereof that is used exclusively for human habitation. Dwellings may include but are not limited to the following types:
[Amended 12-3-2024 by Ord. No. 2024-1518]
B. ATTACHED SINGLE-FAMILY/TOWNHOUSEA single one-family dwelling unit in a row of three or more such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
DUPLEXA building containing two dwelling units attached side-by-side along a common fire-resistant wall.
APARTMENTA dwelling unit in a building having two or more dwelling units where entranceways, hallways, basements, attics, storage areas, heating systems, yards and similar services in the building may be shared in common, singly or in combination.
GARDEN APARTMENTA two story apartment building containing four or more dwelling units, consisting of units on the first and second floor with common open space.
DWELLING UNITOne or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household, excluding a boat, trailer or other vehicle of any type or temporary shelter such as a tent. Only one kitchen (stove/range, refrigerator, and sink) is permitted per dwelling unit.
[Amended 12-3-2024 by Ord. No. 2024-1518]
A grant of one or more property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
EASEMENT, CONSERVATIONThe grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.
ELECTRIC VEHICLEAny vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
[Added 3-1-2022 by Ord. No. 2022-1484]
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. “EVSE” is synonymous with “electric vehicle charging station.”
[Added 3-1-2022 by Ord. No. 2022-1484]
A. A vertical distance above or below a fixed reference level; or
A fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors, and relationship of grade to floor level.
EMPLOYEESWhenever the word "employees" or the expression "number of employees" is herein referred to, it shall mean the greatest number of persons to be employed in the building in question during any season of the year and at any time of the day or night.
ENLARGEMENTAn increase in the size of an existing structure or use, including physical size of the property, building, parking and other improvements.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories, reasonably necessary for the furnishing of adequate service to the zone or neighborhood where located by public utilities, municipal or other governmental agencies. "Essential services" shall include first aid and emergency aid squad buildings.
EXCEPTIONPermission to depart from the design standards in the Chapter.
EXISTING GRADEThe vertical location of the ground surface prior to excavating or filling.
EXTENSIONAn increase in the amount of existing floor area beyond the exterior wall.
FAMILYA group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
FAMILY DAY-CARE HOMEAny private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day-care in which child care services are regularly provided to no fewer than three and no more than five children for no fewer than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
A. The child being cared for is legally related to the provider; or
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FARMA parcel or parcels of land, whether contiguous or noncontiguous, together with buildings, structures and facilities, which are actively devoted to agricultural or horticultural use, including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, roads, and enclosures related to agricultural pursuits, and which:
[Added 9-19-2023 by Ord. No. 2023-1507]
A. Contains five or more acres of land and produces agricultural or horticultural products worth $2,500 or more annually; or
Contains less than five acres of land and produces agricultural or horticultural products worth $50,000 or more annually.
FENCEA structure made of posts or stakes, joined together by boards, wire or rails, serving as an enclosure, a barrier or as a boundary.
FINAL APPROVALThe 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 guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLANThe final map of all or a portion of a development, which is presented to the Board for final approval in accordance with these regulations and which, if an approved subdivision, shall be filed with the proper county recording officer.
FINANCIAL SERVICESEstablishments such as financial institutions, credit agencies, investment companies, brokers of and dealers in securities and commodities, security and commodity exchanges, and insurance agents.
FLAG LOTSFlag lots are lots whose minimum dimensions and area are located some distance from the street and access to the main body of the lot is from an access lane narrower than the minimum lot width.
FLEX-SPACEA building, or parts of a building, suitable for or capable of being changed to accommodate a variety of permitted uses and designed to be used on a short or long-term basis. Flex spaces may be occupied by one or more uses permitted in the zone and/or one or more of the following uses: contractor's offices and shops; establishments for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing, or repair of materials, goods or products, provided 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; and offices. Flex space shall not include warehouse or distribution center uses.
[Amended 12-3-2024 by Ord. No. 2024-1518]
That portion of the flood hazard area outside the floodway.
FLOOD HAZARD AREAThe floodway and flood fringe areas as determined by the N.J. Department of Environmental Protection under Section 3 of the Flood Hazard Area Control Act (PL 1979, c. 359).
FLOOD PLAINThe flood hazard areas of delineated streams and areas inundated by the 100-year flood in non-delineated areas.
FLOODWAYThe channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream.
FLOOR AREAThe sum of the gross horizontal areas of all floors of buildings including garages measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings.
FLOOR AREA RATIOThe sum of the area of all floors of buildings or structures compared to the total area of the site.
FRESHWATER WETLANDAn area that is inundated or saturated by surface water or ground water 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 as determined by the New Jersey Freshwater Wetlands Protection Act and implementing the regulations of the New Jersey Department of Environmental Protection.
GARAGE, ATTACHEDA building or part thereof, sharing a common wall with the principal structure, to be used as accessory to the main building, which provides for the storage of automobiles and in which no residential occupation, business or service is carried on. A detached garage shall be defined as an accessory structure. An attached garage shall be part of the principal structure and shall not exceed one story in height.
[Added 10-1-2019 by Ord. No. 2019-1452]
A freestanding building or part thereof, separate, but used as accessory to the main building, which provides for the storage of automobiles and in which no residential occupation, business or service is carried on. A detached garage shall be defined as an accessory structure and shall not exceed one story in height.
[Added 10-1-2019 by Ord. No. 2019-1452]
A small building usually roofed but without walls, placed on the grounds of residential property as a decorative architectural feature having no utility services.
GENERAL DEVELOPMENT PLANA plan submitted pursuant to N.J.S.A. 40:55D-45.1 thru 40:55D-45.8 in support of a large-scale, long-range planned development.
GOLF DRIVING RANGEA golf practice facility, consisting of an open field with a teeing ground at one end. The landing area may include target greens and yardage markers. A golf driving range may have practice putting greens and areas for chipping, pitching and bunker practice.
GOVERNMENT AGENCYAny department, commission, independent agency or instrumentality of the United States and of the State of New Jersey and any county, city, township, village, authority, district or other governmental unit.
GRADE PLANEA referenced plane adjoining the building at all exterior walls. The grade plane shall be established by averaging the finished ground levels at all exterior walls, unless the Board or Zoning Officer determines that the grading within six feet of the structure has been elevated by more than two feet for the sole purpose of elevating any proposed structure. When the Board or Zoning Officer determines that the grading within six feet of a proposed structure has been elevated by more than two feet for the sole purpose of elevating the structure, the elevation in excess of two feet will be subtracted in calculating grade plane. In either case, where finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within six feet of the building.
GROSS FLOOR AREAThe total floor area in a structure measured by using the outside dimension of the building at each story. The floor area of units sharing a common wall shall be measured from the center of interior walls and the outside of exterior walls.
GROUND COVERGrasses or other plants and landscaping grown or placed to keep soil from being blown or washed away.
GROUND FLOORThe first floor of a building other than a cellar or basement.
GROUND MOUNTED SOLAR ARRAYA solar energy system, as defined herein that is mounted on armatures anchored to the ground with ground cover beneath.
HOME OCCUPATIONThe limited use of a restricted portion of a resident's dwelling unit as an incidental and accessory use for the convenience of the resident for occupational activities as limited in the zoning provisions of this Chapter.
HOMEOWNERS' ASSOCIATIONA community association, other than a condominium association, that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
HOT TUB/SPAA structure placed on or below the surface of the ground and filled with water. Any hot tub/spa located outdoors shall have a cover capable of being locked. The hot tub system includes devices to heat, circulate and filter the water and may or may not have an accompanying deck. Facilities with more than 100 square feet of water surface area shall be considered swimming pools.
HOTELA building designed and used exclusively to accommodate transient guests for periods not to exceed 30 consecutive days. Each room shall contain at least one bedroom, one bathroom, and one closet. None of the rooms or suites of rooms shall have a full kitchen, and none shall have a gas/electric range or oven, but they may provide a sink, microwave oven, and/or mini-refrigerator.
HOUSEHOLDA family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
IMPERVIOUS COVERAGEAny material which generally reduces or prevents absorption of stormwater into the ground, including but not limited to buildings and other structures, parking areas, driveways, sidewalks, paving, and patios.
IMPROVED LOTA lot upon which exists a principal structure or building.
INDUSTRIAL OR OFFICE PARKA total tract comprehensively planned, designed and approved for industrial and/or office uses and other permitted principal and accessory uses, whether or not the buildings are constructed in one development stage or over a period of time, but where the streets, utilities and lots and/or tenants' parcels are set forth on a plan for the entire tract prior to construction of any portion of the tract. As development takes place in accordance with the approved plans, changes may be made in the plans for the undeveloped section(s) to accommodate subsequent land needs, provided the modifications conform to logical extensions of installed segments of streets, drainage, utilities and other facilities. Parks designed for more than one principal building shall have buildings spaced so that the mortgage and/or lease lines shall conform to the requirements for lot lines as if the parcels were being subdivided and in order to establish conformance with this Chapter for such matters as building setbacks, buffers, driveway locations, frontage on a street, and distances between buildings.
INTERESTED PARTYA. 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 N.J.S.A. 40:55D-1 et seq. or whose rights to use, acquire or enjoy property under N.J.S.A. 40:55D-1 et seq. 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 N.J.S.A. 40:55D-1 et seq.
JUNKYARDAny area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, or discarded material, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition of any material whatsoever.
LANDGround, soil or earth, including improvements and fixtures on, above or below the surface thereof.
LANDSCAPE STRUCTUREAny structure whose purpose is primarily decorative in nature, such as flag poles, fences, arbors, trellises and planters, and not intended for human occupancy, storage or utility purposes. Such structure shall not be restricted by setbacks or coverage definitions as defined herein.
LANDSCAPE/LANDSCAPINGLawns, trees, plants, grass and other natural materials such as rocks and woodchips, and decorative features, including sculpture, patterned walks, fountains and pools.
LANDSCAPING/CONSTRUCTION CONTRACTORS STORAGE YARDA portion of a lot, with a principal use building on site, used to store and maintain landscaping or construction equipment and stockpile areas of clean materials customarily required in the landscaping or building trade by a contractor.
[Amended 10-1-2019 by Ord. No. 2019-1452]
A license issued under P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.), including a license that is designated as either a Class 1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis Delivery license. The term includes a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c.16 (N.J.S.A. 24:65I-31 et seq.) otherwise intend to only apply to a license and not a conditional license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A person or entity that holds a license issued under P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.), including a license that is designated as either a Class 1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis Delivery license, and includes a person or entity that holds a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c.16 (N.J.S.A. 24:6I-31 et seq.) otherwise intend to only apply to a person or entity that holds a license and not a conditional license. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
An owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A land use where the only activity involved is one of the fabrication, maintenance, alteration, repairing, finishing, or assembling of standardized parts as contrasted to a processing activity which would involve a physical or chemical process that would change the nature or character of the product or raw material or which would cause or result in toxic or objectionable or corrosive fumes, vapors, odors, effluent, gas, smoke, dust, glare, flashes or excessive noise or vibration. Any and all manufacturing, fabrication, maintenance, alteration, repairing, finishing, or assembling shall be carried on within and confined to an enclosed structure or structures.
LOADING SPACEAn open space or covered area, on a lot, used only for the loading or unloading of goods to which there is direct or unobstructed access from a street or ally.
LOCAL UTILITYAny sewerage authority created pursuant to the Sewerage Authorities Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the Municipal and County Utilities Authorities Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
LOTA designated parcel, tract or area of land established by plat, or otherwise as permitted by law, and to be used, developed or built upon as a unit.
LOT AREAThe total area within the lot lines of a lot not including any street rights-of-way.
LOT COVERAGEThat part of one lot or more than one lot which is improved or is proposed to be improved with buildings and/or other structures, including but not limited to principal buildings, accessory buildings, driveways, parking lots, pedestrian walkways, stone areas, signs and other man-made improvements on the ground surface, but excluding the water surface of any swimming pool, hot tub or spa. For purposes of this chapter, neither the water surface area of any swimming pool nor the area of balconies without stairs shall be counted as lot coverage.
[Amended 10-1-2019 by Ord. No. 2019-1452; 12-3-2024 by Ord. No. 2024-1518]
The shortest distance between the front lot line and line drawn parallel to the front lot line through the mid-point of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the mid-point of the line parallel to the front lot line, which shall not be less than 10 feet in length, measured between its intersections with the side lot lines. On corner lots, the rear lot line opposite the designated front of the building shall be used for purposes of determining lot depth only.
LOT FRONTAGEThe shortest distance between the intersection points of the side lines of lot with the front lot line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet, the lot frontage may be reduced to not be less than 75% of the required minimum lot width. In the case of a corner lot, or a lot with two or more sides fronting on a street, only one frontage may be used to meet the requirements of this Chapter, but the front yard setback shall be met from all streets.
LOT LINEA line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way, also referred to as a "street line." For nonresidential uses, the front lot line shall only be the lot line(s) which provide direct driveway access to the lot and shall not include lot lines adjacent to State highways or the Garden State Parkway where no access is provided.
[Amended 12-3-2024 by Ord. No. 2024-1518]
The lot line opposite and most distant from the front lot line or the point at which the side lot lines meet.
LOT SIZE AVERAGINGA design technique for a development where some lots are smaller, and one or more lots are larger, but the average lot size among all lots in the development is equal to or greater than the minimum required for the zoning district in which the property is located. The different lot sizes may be used to provide a variety of lot sizes, and/or create smaller residential lots in order to produce one or more larger lots for recreation, school or other public purposes, and/or similar design options. The use of this design technique shall not increase the number of lots allowed and the reduced lot sizes shall not be smaller than set forth in the zoning requirements.
LOT WIDTHThe shortest distance between the side lot lines, measured at street line, or if no setback line is established, the mean width of the lot measured at right angles to its depth. The minimum lot width, as required by this Chapter, shall be maintained for at least 75% of the minimum depth, as measured continuously from the front line, except for lots which front the turnaround of a cul-de-sac, in which case lot width at the street line may be reduced to 50% of the required width. However, the lot width measured at the front setback line must be equal to or greater than 75% of the required lot width. On corner lots, the rear lot line not opposite the designated front of the building shall be used for purposes of determining lot width only.
LOT, CORNERA parcel of land, either at the junction of and abutting on two or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than 45°.
LOWER INCOMEIncome limits established for low and moderate income levels. Low income for the average household is less than 50% of the median income. Moderate income is between 50% and 80% of the median. For purposes of this Chapter, the median income shall be the applicable number published in the most recent Income Limits by the United States Department of Housing and Urban Development. The low and moderate income levels for a particular household size shall be based on the number of people as shown in the same publication as of the date of issuing each certificate of occupancy.
MAINTENANCE GUARANTYAny security which may be accepted by a municipality for the maintenance of any improvements required by the Municipal Land Use Act, including but not limited to surety bonds, letters of credit under the circumstances specified in § 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
MAJOR DEVELOPMENTIn addition to the definition of "development" in the Municipal Land Use Law (N.J.S.A. 40:55D-4), a "major" development is a subdivision or site plan which satisfies either condition A or B below:
A. Any site plan or subdivision plan, or amended site plan or subdivision plan, that will ultimately cover land with a total of one or more acres of impervious surfaces; which shall include but not be limited to roadways, driveways, roofs, ponds, and other bodies of water;
Any construction of one or more of the following uses:
1. Feeding and holding areas that provide for more than 100 head of cattle or 15,000 hens, 500 swine, 4,000 turkeys, 10,000 ducks; this Section shall also apply to all other equivalent numbers of animal units as determined by the SCS Agricultural Waste Management Field Manual for measuring BOD (biochemical oxygen demand) producing potential;
Pipelines, storage, or distribution systems for petroleum products or chemicals;
Storage, distribution or treatment facilities (excluding individual on-site sewage disposal systems) for liquid waste;
Solid waste storage, disposition, incineration or landfill;
Quarries, mines or borrow pits;
Land application of sludge or effluents;
Storage, distribution or treatment facilities for radioactive waste.
MAKE-READY PARKING SPACEThe pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a “plug and play” basis. “Make-ready” is synonymous with the term “charger ready,” as used in P.L.2019, c.362 (N.J.S.A. 48:25-1 et seq.).
[Added 3-1-2022 by Ord. No. 2022-1484]
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A land use where establishments engage in the mechanical or chemical transformation of materials or the processing of raw products into new products or any other processing activity which would involve a physical or chemical process that would change the nature or character of the product or raw material. Manufacturing includes the production of articles or finished products from raw or prepared materials by giving those materials new forms or qualities. Manufacturing also includes the blending of materials such as oils, plastics, resins or liquors. Any and all manufacturing processes shall be carried on within and confined to an enclosed structure or structures.
MASTER PLANA composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to N.J.S.A. 40:55D-28 et seq.
MATURE CANNABIS PLANTA cannabis plant that is not an immature cannabis plant. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A building especially designed to receive entombments.
MEDICAL CANNABISCannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (N.J.S.A. 24:6I-1 et seq.) and P.L.2015, c.158 (N.J.S.A. 18A:40-12.22 et seq.). "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.). (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
The chief executive of the Borough.
MICROBUSINESSA person or entity licensed under P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.) as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service that may only, with respect to its business operations, and capacity and quantity of product: (1) employ no more than 10 employees; (2) operate a cannabis establishment occupying an area of no more than 2,500 square feet, and in the case of a cannabis cultivator, grow cannabis on an area no more than 2,500 square feet measured on a horizontal plane and grow above that plane not higher than 24 feet; (3) possess no more than 1,000 cannabis plants each month, except that a cannabis distributor's possession of cannabis plants for transportation shall not be subject to this limit; (4) acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis ; (5) acquire for resale each month, in the case of a cannabis wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof; and (6) acquire for retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A tract of land developed for the novelty version of golf played with a putter and golf ball on a miniature course and featuring obstacles such as alleys, bridges, and tunnels.
MORTUARYA building for the storage of the deceased prior to their burial or cremation and/or a facility for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation.
MUNICIPAL AGENCYThe Planning Board, Board of Adjustment or the Borough Council when acting pursuant to the Municipal Land Use Law.
MUNICIPAL USEAny use made by the Borough of Tinton Falls of property owned or leased by it or legally under its control by easement, license or otherwise.
NEW STREETThe construction of new street pavement and accompanying drainage facilities in locations where improved street(s) did not exist, including extended portion(s) of existing street(s). A "new street" does not include an existing street being widened, repaved or undergoing other improvements or upgrading.
NONCOMMERCIALNot dependent or conditioned upon the provision or receipt of financial consideration. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
A lot, the area, dimension or location of which fails to conform to the requirements of the zoning district in which it is located.
NONCONFORMING SIGNAny sign that does not conform to all the standards and regulations of this Chapter.
NONCONFORMING STRUCTURE/BUILDINGA structure/building, the size, dimension or location of which fails to conform to the requirements of the zoning district in which it is located.
NONCONFORMING USEA use or activity which fails to conform to the requirements of the zoning district in which it is located.
NURSERY SCHOOLA facility for the care, development and supervision of children under the age of six years, who attend the facility for less than 24 hours a day. The facility shall be licensed by the State Department of Human Services, Division of Youth and Family Services. (See CHILD CARE CENTER and FAMILY DAY-CARE HOME).
OBLIGORAny individual, firm, association, corporation or any other legal entity and shall include the owner or subdivider, or both, as may be required by the Borough. The obligor shall be responsible for posting and executing any required performance guaranty.
OCCUPANCYThe specific purpose for which land or a building is used, designed or maintained.
OFF-SITELocated outside the lot lines of the lot in question but within the property (of which the lot is a part), which is the subject of a development application or a contiguous portion of a street or right-of-way.
OFF-TRACTNot located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
OFFICEA room, group of rooms or building used for conducting the affairs of a business, profession, service, industry or government, but where no retail sales of goods are offered and where no manufacturing, assembling or fabricating takes place.
OFFICE PARKA development on a tract of land that contains a number of separate office buildings designed, planned, constructed and managed on an integrated and coordinated basis.
OFFICIAL COUNTY MAPA map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the County of Monmouth pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAPA map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32).
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACEAny 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.
OUTDOOR STORAGEThe keeping in an unenclosed area of any goods, material, merchandise, or vehicles in the same place for more than 24 hours.
OWNERAn individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek or authorize development of land under this Chapter.
PAR-3 GOLF COURSEA tract of land laid out for at least nine holes, that have a par on each hole of three and an average of 2,000 to 2,500 yards, for playing the game of golf. A par-3 golf course may include a practice range and a pro shop.
PARKING AREA, PRIVATEAny open area, including parking spaces and access aisles providing direct access thereto, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLICAny open area, (other than a street or other public way), including parking spaces and aisles, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation, or as an accommodation for clients, customers and employees.
PARKING SPACEA space for the off-street parking of one operable, licensed motor vehicle within a public or private parking area.
PARTIAL DESTRUCTIONA building or structure that because of fire, flood, explosion or other calamity requires rebuilding the value of which is less than half of the building's assessed valuation.
PARTY IMMEDIATELY CONCERNEDFor 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 N.J.S.A. 40:55D-12.
PATIOA surface structure affixed to the ground throughout its area (such as poured concrete, brick, gravel, stone, or flagstone) and having no portion supported by piers, columns, or posts and having no portion used for a parking space. A structure that is supported by piers, columns, or posts in any manner shall be considered a "deck". Patios may abut a building or may be located separate from a building. Patios shall meet the setback requirements indicated in Section 40-33D2, even if attached to the principal building, except if a patio abutting a principal building has a roof, railing, or other structural elements above the finished grade of the patio, it shall meet the setback requirements for the principal building.
[Amended 12-3-2024 by Ord. No. 2024-1518]
Any security that may be accepted by a municipality (in conformance with C.40:55D-53) to ensure that improvements required or approved as part of an application for development will be satisfactorily completed.
PERFORMANCE STANDARDSSee STANDARDS OF PERFORMANCE.
A. Adopted by ordinance pursuant to subsection 52d (N.J.S.A. 40:55D-65d) regulating noise levels, glare, skyglow, earthborne or sonic vibrations, heat, radiation, television or radio waves, noxious odors, toxic materials, explosive and inflammable materials, 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
Required by applicable federal or state laws or municipal ordinances.
PERMITA certificate issued to perform work under this Chapter.
PERMITTED USEAny use which shall be allowed, subject to the provisions of this Chapter.
PERMITTEEAny person to whom a permit is issued in accordance with this Chapter.
PERSONA corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivisions of the state or any agency or instrumentality thereof.
PLANNED UNIT DEVELOPMENTAn area with a minimum acreage as specified in the zoning provisions of this Chapter and an area to be developed as a single entity according to a plan containing one or more residential clusters which may include, as specified in the zoning provisions, permitted nonresidential uses including public and/or quasi-public uses.
PLATA map or maps of a subdivision or site plan.
POOLA water filled enclosure permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above surface pool, having a depth of more than 30 inches, designed; uses and maintained for swimming and bathing.
PORCHA roofed open area which may be screened, attached to or part of a building with direct access to or from it. A porch shall not be considered open if enclosed by either a permanent or detachable glass sash.
PRE-K SCHOOL GRADEA grade level in a school (as defined herein) for children who are generally too young or otherwise not ready to enter kindergarten. Pre-K as used herein shall be distinguished from childcare and day care facilities.
PRELIMINARY APPROVALThe conferral of certain rights, pursuant to §§ 34, 36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and 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 AND ELEVATIONSArchitectural 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.
PREMISES or LICENSED PREMISESIncludes the following areas of a location licensed under P.L.2021, c.16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms, and storerooms; all areas outside a building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distributing, retail sale, or delivery of cannabis items; and, for a location that the commission has specifically licensed for the production of cannabis outside a building, the entire lot or parcel that the licensee owns, leases, or has a right to occupy. (This definition is intended to correlate with Cannabis Class Uses as developed and updated by the State of New Jersey.)
[Added 12-7-2021 by Ord. No. 2021-1480]
The main purpose for which any lot, structure and/or building is used.
PRIVATE EVSEEVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
[Added 3-1-2022 by Ord. No. 2022-1484]
A lot, parcel, or tract of land together with the building and structures located thereon.
PUBLIC AREASA. Public parks, playgrounds, trails, paths and other recreational areas.
Other public open spaces.
Scenic and historic sites.
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSALA master plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
PUBLIC IMPROVEMENTSImprovements which the Board may deem necessary or appropriate, including but not limited to streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyors monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping.
PUBLICLY ACCESSIBLE EVSEEVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multifamily parking lots, etc.).
[Added 3-1-2022 by Ord. No. 2022-1484]
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
PUBLIC PURPOSEThe use of land by a municipal, County, State or Federal agency or authority.
PUBLIC UTILITY FACILITIESTelephone and electric lines, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories and appurtenances, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public.
QUORUMA majority of the full authorized membership of a municipal agency.
RECREATION FACILITYA place where sports, leisure time activities and customary and usual recreational activities are carried out.
RECREATION FACILITY, PRIVATEFacilities operated by a private organization and open only to bona fide members and guests of such organization.
RECREATIONAL VEHICLEA vehicular-type portable structure without permanent foundation that can be towed, hauled or driven including:
A. WATERCRAFTIncludes any type of boat, float or raft, plus the normal equipment to transport the same on the public highway.
CAMPER, CAMP TRAILER OR FOLDING TENT TRAILERA vehicular, portable structure built on a chassis or metal-walled body unit, mounted on wheels with a superstructure made, in part or in whole, of canvas and metal frame and primarily designed as temporary living accommodation for recreational, camping and travel use.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle primarily designed as temporary living accommodation for recreational, camping and travel use.
PICKUP CAMPERA structure designed primarily to be mounted on a pickup or truck and with sufficient equipment to render it suitable for temporary living accommodation for recreational, camping and travel use.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, primarily designed as temporary living accommodation for recreational, camping and travel use.
VARIOUS RECREATIONAL VEHICLESMotorized vehicles such as, but not limited to, all terrain vehicles, snowmobiles and jet skis and the trailers necessary to transport them.
RESEARCH FACILITIESA facility for investigation into the natural, physical or social sciences, which may include engineering and product development.
RESOURCE RECYCLING FACILITYA facility which accepts, collects, moves, transfers, stores and/or separates ferrous and non-ferrous metals, glass, aluminum, wood, concrete, asphalt, paper, cardboard, plastic and other recyclable materials but does not accept or process food, animal, medical, nuclear, toxic or hazardous waste, unless otherwise provided elsewhere in the Code of the Borough of Tinton Falls, in order to process such items into reusable, marketable materials. Resource recycling excludes any process involving burning or other chemical alteration(s) of the material(s).
RESTAURANTAn establishment where food and drink are prepared and/or served and consumed at tables within the principal building, including sidewalk dining where allowed and takeout service without facilities for drive-through order and for drive-through pickup.
RESTAURANT, DRIVE-THROUGHAn establishment where food and drink are prepared, served and consumed primarily within the principal building with facilities for drive-through order and/or drive-through pickup.
RESTAURANT, FAST FOODAn establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises and whose desire or principal method of operation permits or encourages self-service, high-turnover dining.
RESTAURANT, TAKE-OUTAn establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
RESUBDIVISIONThe 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, but does not include conveyances made so as to combine existing lots by deed or other instrument.
RETAIL SALESEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and without necessarily rendering services incidental to the sale of such goods.
RETAIL SERVICEEstablishments engaged in providing services for individuals, businesses, government and other organizations and includes finance; insurance, real estate and personal services; business services and miscellaneous repair services; motion pictures, amusement and recreation services; health services and educational services; social services, museums, art galleries, botanical gardens and zoological gardens.
RETAIL WAREHOUSEA building where the use combines retail and warehouse functions by stocking the inventory of goods in large quantities using stack-storage techniques in areas accessible to patrons for the purpose of selling the goods at retail or wholesale prices.
RETAINING WALLA structure that is constructed between lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures. Signed and sealed plans and structural calculations prepared by a professional engineer licensed in the State of New Jersey are required for review by the Building Department for any proposed retaining wall three feet or greater.
[Added 10-1-2019 by Ord. No. 2019-1452]
The total width and length of the course of a street, watercourse, utility alignment or other way and within which all improvements and rights of access are confined.
ROOFTOP SOLAR ARRAYA solar energy system, as defined herein that is mounted to roof of a building or structure.
SATELLITE EARTH STATION ANTENNAA parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving radio waves.
SCHOOLAny building or part thereof which is designed, constructed or used for education of students up to and through the secondary level and licensed by the State of New Jersey.
SCHOOL BUSEvery motor vehicle operated by, or under contract with, a public or government or government agency, or religious or other charitable organization or corporation, or privately operated for compensation for the transportation of children to or from school for secular or religious education, which complies with the regulations of the Department of Education affecting school buses, including "School Vehicle Type I" and "School Vehicle Type II."
SCHOOL VEHICLE TYPE IAny vehicle with a seating capacity of 17 or more, used to transport enrolled children, and adults only when serving as chaperones, to or from school, school connected activity, day camp, summer camp, nursery school, child care center, preschool center or other similar places or education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency.
SCHOOL VEHICLE TYPE IIAny vehicle with a seating capacity of 16 or less, used to transport enrolled children, and adults only when serving as chaperones, to or from school, school connected activity, day camp, summer camp, nursery school, child care center, preschool center or other similar places of education. Such vehicles shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Human Services, whichever is the appropriate supervising agency.
SCHOOL, BOARDINGA "school" as defined herein at which all or some of the students reside on site for all or a portion of the school year.
SEDIMENTATIONThe deposition of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.
SELF-STORAGE FACILITYA building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time. For the purposes of this section mini-warehouses shall be considered self-storage facilities.
SETBACKThe required yard or distance between buildings and property lines.
SETBACK LINEThat line to which a building must be set back from the property line.
SEXUALLY ORIENTED BUSINESSA. A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a "specified sexual activity" or "specified anatomical area"; or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area"; or instruments, devices, or paraphernalia which are designed for use in connection with a "specified sexual activity"; or
A commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area."
SHADE TREEA deciduous tree planted for its high crown of foliage along a street within a shade tree easement.
SHOPPING CENTEROne or more buildings or parts thereof designed as a unit to be occupied by two or more retail businesses or departments in a single facility, designed in accordance with the requirements of the zoning district in which it is located and conducted as an integrated and cohesively planned development. Where there is more than one building on a lot, the buildings shall be spaced as if the buildings were to be on separate lots in order to establish conformance with this Chapter for such matters as building setbacks, buffers, driveway locations and distances between buildings.
SHOPPING CENTER, REGIONALA shopping center (see above) that contains a wide variety of retail and service establishments, that has at least one or more anchor stores, and that draws its clientele from the region.
SIDEWALKA way for carrying pedestrian traffic. It may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
SIGHT TRIANGLEA triangular shaped portion of land established at intersections in accordance with the requirements of this Chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.
SIGNAny device, fixture, placard or structure that uses color, form, picture, display, graphic, illumination, symbol or writing to advertise, attract attention to, announce the purpose of or identify a person, entity or thing or to communicate any information to the public.
SIGN, DIRECTIONALSigns limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
SIGN, FREESTANDINGAny sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure.
SIGN, GROUNDAny sign in which the entire bottom is in contact with the ground.
SIGN, IDENTIFICATIONA sign giving the nature, logo, trademark, or other identifying symbol; address; or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
SIGN, NAMEPLATEA sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
SIGN, PERMANENTAny sign that is painted directly on the window glass with permanent paint or that is mounted by bolts or screw, or otherwise in a permanent fashion, on a permanent structure.
SIGN, POLITICALA temporary sign announcing or supporting political candidates or issues in connection with any national, State or local election.
SIGN, REAL ESTATEA sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
SIGN, ROOFA sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deckline of a building with a mansard roof.
SIGN, TEMPORARYAny sign designed or intended to be displayed for a short period of time.
SIGN, WALLAny sign attached parallel to, but within 10 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
SIGN, WINDOWAny sign that is placed within 24 inches of a window or upon the window panes or glass and is visible from the exterior of the window.
SITEAny plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLANA development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, 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 an ordinance 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, EXEMPTA site plan shall not be required for accessory buildings to agricultural and horticultural uses, nor shall site plans be required for single-family or two-family dwellings and their accessory uses and buildings unless such dwellings involve a home occupation that does not meet all the requirements of the zoning provisions of this Chapter. In nonresidential uses, or in residential uses other than those exempted above, building alterations or changes in permitted principal or permitted accessory uses which do not involve a change in the size of the gross floor area, the building foundation, site access, site circulation, parking areas, or loading zones or do not require additional parking or additional building area shall be exempt.
SITE PLAN, MAJORAll site plans for new developments and those site plans not defined as minor and including a "major development." (See MAJOR DEVELOPMENT).
SITE PLAN, MINORA development plan for which site plan approval is required and contains the information reasonably required in order 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 for which the Planning Board finds that the following conditions have been met:
A. The construction of drainage facilities is not required;
Involves less than 10 parking spaces and/or less than 1,000 additional square feet of floor area;
Involves changes in lot coverage totaling not more than 10% of the lot area;
Does not involve a planned development, any new street, or any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
SLOPEDeviation of a surface from the horizontal, usually expressed in percent or degree.
SMALL SOLAR ENERGY SYSTEMA solar energy system, as defined herein that is used to generate electricity, and has a nameplate capacity of 100 kilowatts or less.
SMALL WIND ENERGY SYSTEMA wind energy system, as defined herein that is used to generate electricity; and has a nameplate capacity of 100 kilowatts or less.
SOILAll unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.
SOLAR ENERGY SYSTEMA solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
SOLAR PANELSA structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by away of a solar energy system.
SPECIFIED ANATOMICAL AREAA. Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITYA. The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or
Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
STANDARDS OF PERFORMANCEStandards adopted by ordinance pursuant to Chapter 291 of the Laws of the State of New Jersey, 1975, regulating noise levels, glare, vibrations, heat, radiation, odors, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough of Tinton Falls or required by applicable federal or state laws for municipal ordinances.
STORAGE SHEDAn accessory building used for the storage of items such as, but not limited to, tools, lawn and garden equipment and furniture and similar items of personal property belonging to the occupant of the principal structure.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFThe area under a sloping roof where the possible floor area with head room of five feet or more occupies no more than 1/3 of the floor area of the floor immediately below. Where the floor area with a floor to ceiling height in excess of five feet is more than 1/3 of the floor area immediately below, it shall count as a full story.
STREETAny street, avenue or 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 plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant 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, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose this Chapter, streets shall be classified as follows:
A. Arterial streets: those which are used primarily for fast or heavy traffic.
Secondary traffic streets: streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
Connector streets: those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
STREET LINEThe edge of the existing or future street right-of-way forming the dividing line between the street and the lot, whichever would result in the widest right-of-way as shown on an adopted Master Plan or Official Map or as required by this Chapter.
STRUCTUREA 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.
SUBDIVISIONA. 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:
1. Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
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 municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Borough.
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJORAny subdivision not classified as a minor subdivision, and including a major development.
SUBDIVISION, MINORA subdivision of land for the creation of not more than five lots, including the remainder of the original lot; provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
SURVEYA map showing the boundary lines of the property and location of existing improvements thereon, prepared by a licensed land surveyor.
SURVEY CERTIFICATIONA certification in lieu of oath or affidavit confirming the accuracy of the survey.
SWIM CLUBA commercial facility for the indoor and/or outdoor use of swimming pools for swimming, diving and related instruction. Swim clubs may have accessory office, locker room, storage and mechanical areas.
TENNIS CLUBA commercial facility for the indoor and/or outdoor use of tennis courts for the sport of tennis and related instruction. Tennis clubs may have accessory office, locker room, storage and mechanical areas.
TIDAL WETLANDSAn area that is inundated or saturated by fresh or saline waters under tidal influences 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.
TRACTProperty which is the subject of a development application.
TRANSPORTATION SERVICESEstablishments engaged in furnishing local and regional passenger or medical transportation, including taxicabs, passenger transportation charter service, school transportation, medical transportation, and terminal and service facilities for motor vehicle passenger transportation.
USEThe purpose or activity for which land or buildings are arranged, designed or intended or for which land or buildings are occupied or maintained.
UTILITY SERVICESFor the purposes of this Chapter, utility means those services including, but not limited to, pump stations, switching stations and transformers, pipes, lines, cables, service connections and similar facilities that provide the daily service of the utility to the consumer for sewage collection, water supply, gas, electric, telephone and cable television, but does not include, by definition, for purposes of this Chapter, such other commercial or industrial land use aspects of these or any other utility service, such as wireless telecommunications, which may or may not be part of a regulated utility company such as towers, repair garages, offices, open storage, work areas, energy generation, recycling of recyclable material, landfills, and storage tanks.
VARIANCEPermission to depart from the literal requirements of the zoning standards of this Chapter.
WAIVER, DESIGNPermission to depart from the requirements of this Chapter with respect to the design standards of this Chapter.
WAIVER, SUBMISSIONPermission to depart from the requirements of this Chapter with respect to the submission of required maps or documents.
WAREHOUSEAny structure designed for, or used permanently for, the storage of goods and materials.
WASTE TRANSFER STATIONA facility where solid waste materials, including yard waste, demolition materials, and household refuse, are transferred from small vehicles to large trucks for efficient transport to landfills, recycling centers, and other disposal sites.
WETLANDSSee FRESHWATER WETLANDS and TIDAL WETLANDS.
WIND ENERGY SYSTEMA wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
WIND TURBINEEquipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
WIRELESS COMMUNICATIONAny personal wireless service as defined in the Federal Communication Act of 1996 ("FTA"); i.e., FCC-licensed commercial wireless communication services, including cellular, PCS, SMR, ESMR, paging, and similar services that currently exist or that may in the future be developed. Wireless communications does not include any amateur radio facility that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include non-wireless telephone service.
WIRELESS COMMUNICATION ANTENNAAny device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined herein below. For the purposes of this section, wireless communication antennas shall not be considered to be a public utility.
WIRELESS COMMUNICATION COMPOUNDAn area enclosed by walls or fencing within which a wireless communication tower and associated equipment are housed and maintained preventing access to all equipment by the general public.
WIRELESS COMMUNICATION TOWERA freestanding monopole structure on which one or more antennas are attached, but shall not mean existing structures such as silos, cupolas or water tanks.
YARDAn open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this Chapter shall be unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Regulations. In an apartment, townhouse, industrial or office park complex, shopping center, or other development where more than one building or structure may be erected on a lot, "yards" shall also be the open space extending between the buildings and/or structures.
YARD, FRONTA space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at its closest point to the front lot line. Said front yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this Chapter. Corner lots shall be deemed to have more than one "front lot line."
YARD, REARA space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at its closest point to the rear lot line. Said rear yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this Chapter. For purposes of this Chapter, the "rear" of a building shall be opposite the designated "front" of the building.
YARD, SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line.
ZONING BOARDThe Zoning Board of Adjustment as established under this Chapter.
ZONING PERMITA document signed by the Zoning Officer:
A. 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.
Which acknowledges that such use, structure or building complies with the provision of the Municipal Zoning Regulations or variance therefrom duly authorized by the appropriate agency of the Borough pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.