The purposes of this Chapter are to establish standards for
the development and use of land and buildings. This Chapter is intended
to: regulate the use of land within zoning districts and establish
design standards that encourage municipal action to guide the appropriate
use or development of all lands in the State, in a manner which will
promote the public health, safety, morals and general welfare; secure
safety from fire, flood, panic and other natural and man-made disasters;
provide adequate light, air and open space; ensure that development
does not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole; promote the establishment
of appropriate population densities and concentrations that will contribute
to the well-being of persons, neighborhoods, communities and regions
and the preservation of the environment; encourage the appropriate
and efficient expenditure of public funds by the coordination of public
development with land use policies; provide sufficient space in appropriate
locations for a variety of residential, recreational, commercial and
industrial uses and open space, both public and private, according
to respective environmental requirements in order to meet the needs
of all New Jersey citizens; encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which result in congestion
or blight; promote a desirable visual environment through creative
development techniques and good civic design and arrangements; promote
the conservation of historic sites and districts, open space, energy
resources, and valuable natural resources in the State and prevent
urban sprawl and degradation of the environment through improper use
of land; encourage planned developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development of the particular
site; encourage senior citizen community housing construction; encourage
coordination of the various public and private procedures and activities
shaping land development with a view of lessening the cost of such
development and to the more efficient use of land; promote the conservation
of renewable energy sources; and promote the maximum practicable recovery
and recycling of recyclable materials from municipal solid waste through
the use of planning practices designed to incorporate the State Recycling
Plan goals and to compliment municipal recycling programs.
It is the intent of the zoning provisions of this Chapter to
implement the Land Use Element and the Housing Element of the Master
Plan except as may be modified by the governing body with their reasons
set forth in the minutes of their meeting(s) and the adopting resolution(s).
It is the intent to have zoning districts and zoning regulations drawn
with reasonable consideration to the character of each district and
its peculiar suitability for particular uses and to encourage the
most appropriate use of land. The zoning provisions are intended to
limit and restrict buildings and structures to specified districts
and regulate buildings and structures according to their type and
the nature and extent of their use, and regulate the nature and extent
of the use of land for trade, industry, residence, open space or other
purposes, and regulate the bulk, height, number of stories and size
of buildings and other structures; the percentage of lot or development
that may be occupied by structures; lots sizes and dimensions; and
specify floor area ratios and other ratios and regulatory techniques
governing the intensity of land use.
A.
The present tense shall include the future.
B.
The singular number shall include the plural and the plural the singular.
C.
The word "shall" is always mandatory; the word "may" is discretionary.
D.
The words "zone" and "district" are synonymous.
E.
The word "building" includes "structure" and any part thereof.
F.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," "constructed for," "altered for," "converted
for," "rented for," "leased for," or "occupied for".
G.
The word "person" includes an individual, corporation, partnership,
incorporated association, or any similar legal entity.
H.
The words "includes," "including" or "such as" shall not limit the
term to the specified examples, but is intended to extend their meaning
to all other instances of like kind and character.
I.
The term "Board", "Planning Board", "Planning/Zoning Board", "Zoning
Board" and "Board of Adjustment" are intended to mean the Board of
jurisdiction before which an application is made for development.
J.
The term "Chapter" refers to the Land Use Ordinance.
[Ord. No. 11-1313 § 1; Ord. No. 11-1314 § 1; Ord. No. 11-1317 § 1]
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).
An energy system that produces up to 110% of the energy that
the principal use consumes on average in a year.
Any 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.
A physical entrance to property.
A 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.
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.
A 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.
A structure added to the original structure at some time
after the completion of the original structure.
The 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.).
Development 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.
Land 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.
A service way providing vehicular service access or pedestrian
access to the back or side of properties otherwise abutting on a street.
Any 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.
Any 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.
A developer submitting an application for development.
The 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.
A plan, which has been granted final approval by the Planning
Board or Board of Adjustment of the Borough of Tinton Falls.
The Borough of Tinton Falls Planning Board or Board of Adjustment
as the case may be, unless a different agency is designated by this
Chapter.
The visible, functional, or ornamental objects accessory
to and part of buildings.
The 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".
A 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.
The entity responsible for the administration of a condominium,
which entity may be incorporated or unincorporated.
The 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.
A 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.
Any 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.
Any 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.
Any 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.
An 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".
Any structure wherein business of primarily a monetary nature
is transacted, such as banks, savings and loans associations, mortgage
companies and similar institutions.
A 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)
A sign advertising an occupant, product or service on other
than the lot upon which the billboard is located.
The length of a street between two street intersections.
The Borough of Tinton Falls Planning Board or the Borough
of Tinton Falls Zoning Board of Adjustment, whichever is acting on
an application for development.
A vehicle for traveling in or on water.
That person appointed to the position by the Mayor.
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, street or any depression.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The 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.
The 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.
A 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.
Standards 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.
A cable television company as defined pursuant to N.J.S.A.
48:5A-3.
The diameter of a tree trunk measured in inches a distance
of six inches off of the ground.
aLl 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.
A 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.
Any 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.
The 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.
A 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)
A tract of land devoted for the internment of the dead.
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.
A 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.
Any 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.
The 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]
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.
An 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.
A 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.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
A 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.
A 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.
The 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.
A truck, bus, van, sedan, delivery vehicle, or station wagon
with advertising matter on the side, or any other commercially used
vehicle.
The 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.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons or entity owning such property
jointly.
Means 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.
Any 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.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to 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.
An 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.
A 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.
A 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.
A 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.
The 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.
The removal of lot lines between contiguous parcels.
The Borough Official specified in the Borough Code who is
charged with administering the Construction Code.
A 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.
Legal authorization for the erection, alteration or extension
of a structure.
When used in this Chapter, the construction specifications
and standard construction details as prepared by the Borough Engineer
of the Borough of Tinton Falls.
The 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]
Tracts of land which share one or more common boundaries.
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.
The Monmouth County Planning Board.
A building with a furnace called a retort which is used to
cremate human remains.
The following areas are designated critical areas within
the Borough:
The turnaround at the end of a dead-end street.
Calendar days.
A street or portion of a street, which is accessible by a
single means of ingress or egress.
An 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.
An appropriation of land to some public use made by the owner
and accepted for such use by or on behalf of the public.
The 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.
As 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; 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.
Zoning, 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.
Development other than planned development or cluster development.
A 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.
A structure or portion thereof that is used exclusively for
human habitation. Dwellings may include but are not limited to the
following types:
DETACHED SINGLE-FAMILYA dwelling for one family that is not attached to any other dwelling by any means.
ATTACHED SINGLE-FAMILY/TOWNHOUSEA one-family dwelling 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.
One 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.
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.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
Any 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]
Whenever 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.
An increase in the size of an existing structure or use,
including physical size of the property, building, parking and other
improvements.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The 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.
Permission to depart from the design standards in the Chapter.
The vertical location of the ground surface prior to excavating
or filling.
An increase in the amount of existing floor area beyond the
exterior wall.
A 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.
Any 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 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 structure made of posts or stakes, joined together by boards,
wire or rails, serving as an enclosure, a barrier or as a boundary.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The 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.
Establishments such as financial institutions, credit agencies,
investment companies, brokers of and dealers in securities and commodities,
security and commodity exchanges, and insurance agents.
Flag 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.
A building used for nonresidential purposes of a light industrial
type and designed so the interior walls may be relocated to accommodate
different and/or changing needs of occupants.
That portion of the flood hazard area outside the floodway.
The 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).
The flood hazard areas of delineated streams and areas inundated
by the 100-year flood in non-delineated areas.
The 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.
The 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.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
An 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.
See LOT, FRONTAGE.
[1]A 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.
A 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.
A 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.
The Mayor and Council of the Borough of Tinton Falls.
Any 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.
A 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.
The 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.
Grasses or other plants and landscaping grown or placed to
keep soil from being blown or washed away.
The first floor of a building other than a cellar or basement.
A solar energy system, as defined herein that is mounted
on armatures anchored to the ground with ground cover beneath.
The 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.
A 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.
A 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.
A 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.
A 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.
Any 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.
A lot upon which exists a principal structure or building.
A 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.
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.
Any 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.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
Any 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.
Lawns, trees, plants, grass and other natural materials such
as rocks and woodchips, and decorative features, including sculpture,
patterned walks, fountains and pools.
A 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.
An 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.
Any 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.
A 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.
The total area within the lot lines of a lot not including
any street rights-of-way.
That 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 water surface area of any swimming pool, hot
tub or spa nor the area of balconies without stairs shall be counted
as lot coverage.
[Amended 10-1-2019 by Ord. No. 2019-1452]
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.
The 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.
A 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.
The lot line separating a lot from a street right-of-way,
also referred to as a "street line."
The lot line opposite and most distant from the front lot
line or the point at which the side lot lines meet.
Any lot line other than a front or rear lot line.
A 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.
The 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.
A 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°.
A lot other than a corner lot.
Income 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.
Any 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.
In 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:
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:
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.
Any subdivision not classified as a minor subdivision.
The 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.
A 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.
A 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.
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.). "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.
A 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.
A 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.
The Planning Board, Board of Adjustment or the Borough Council
when acting pursuant to the Municipal Land Use Law.
N.J.S.A. 40:55D-1, et seq., as amended.
Any 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.
The 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.
Not 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.
Any sign that does not conform to all the standards and regulations
of this Chapter.
A structure/building, the size, dimension or location of
which fails to conform to the requirements of the zoning district
in which it is located.
A use or activity which fails to conform to the requirements
of the zoning district in which it is located.
A 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).
Any 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.
The specific purpose for which land or a building is used,
designed or maintained.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part), which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
A 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.
A 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.
A 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.
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
The keeping in an unenclosed area of any goods, material,
merchandise, or vehicles in the same place for more than 24 hours.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek or authorize
development of land under this Chapter.
A 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.
Any 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.
Any 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.
A space for the off-street parking of one operable, licensed
motor vehicle within a public or private parking area.
A 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.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
A surface structure affixed to the ground throughout its
area (such as poured concrete, brick, 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 of an accessory building, 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.
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.
See STANDARDS OF PERFORMANCE.
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.
A certificate issued to perform work under this Chapter.
Any use which shall be allowed, subject to the provisions
of this Chapter.
Any person to whom a permit is issued in accordance with
this Chapter.
A 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.
An 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.
A map or maps of a subdivision or site plan.
A 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.
A 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.
A non-motorized storage container for on-site storage.
A 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.
The 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.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
Includes 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]
A building in which is conducted the main use of the lot.
The main purpose for which any lot, structure and/or building
is used.
EVSE 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 use which is not permitted in a zone.
A lot, parcel, or tract of land together with the building
and structures located thereon.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
Improvements 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.
EVSE 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.
The use of land by a municipal, County, State or Federal
agency or authority.
Telephone 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.
A majority of the full authorized membership of a municipal
agency.
A place where sports, leisure time activities and customary
and usual recreational activities are carried out.
Facilities operated by a private organization and open only
to bona fide members and guests of such organization.
Facilities operated by the Borough, county or other governmental
agency.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven including:
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.
A facility for investigation into the natural, physical or
social sciences, which may include engineering and product development.
A 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).
An 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.
An 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.
An 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.
An 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.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances made
so as to combine existing lots by deed or other instrument.
Establishments 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.
Establishments 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.
A 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.
A 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.
The lines that form the boundaries of a right-of-way.
A solar energy system, as defined herein that is mounted
to roof of a building or structure.
A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving radio waves.
Any 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.
Every 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."
Any 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.
Any 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.
A "school" as defined herein at which all or some of the
students reside on site for all or a portion of the school year.
The 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.
A 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.
The required yard or distance between buildings and property
lines.
That line to which a building must be set back from the property
line.
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."
A deciduous tree planted for its high crown of foliage along
a street within a shade tree easement.
One 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.
A 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.
A 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.
A 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.
Any 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.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance" and "exit."
Any 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.
Any sign in which the entire bottom is in contact with the
ground.
A 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.
A sign, located on the premises, giving the name or address,
or both, of the owner or occupant of a building or premises.
Any 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.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, State or local election.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
A 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.
A sign that is not affixed to a building, structure or the
ground.
Any sign designed or intended to be displayed for a short
period of time.
Any 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.
Any 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.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting and
screening devices;
Any other information that may be reasonably required in order
to make an informed determination pursuant to 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.
A 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.
All site plans for new developments and those site plans
not defined as minor and including a "major development." (See MAJOR
DEVELOPMENT).
A 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:
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.
Deviation of a surface from the horizontal, usually expressed
in percent or degree.
A solar energy system, as defined herein that is used to
generate electricity, and has a nameplate capacity of 100 kilowatts
or less.
A wind energy system, as defined herein that is used to generate
electricity; and has a nameplate capacity of 100 kilowatts or less.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
A 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.
A 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.
Standards 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.
An 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.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
The 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.
Any 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:
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.
The 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.
See SHADE TREE.
A combination of materials to form a construction for occupancy,
use, or ornamentation whether installed on, above, or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this Chapter if no new streets are created:
Divisions of 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."
Any subdivision not classified as a minor subdivision, and
including a major development.
A 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.
A map showing the boundary lines of the property and location
of existing improvements thereon, prepared by a licensed land surveyor.
A certification in lieu of oath or affidavit confirming the
accuracy of the survey.
A 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.
See POOL.
A 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.
See PATIO.
An 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.
Property which is the subject of a development application.
Establishments 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.
Lighting from an adjacent property which exceeds 0.1 footcandle.
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
The main or primary activity of any lot or parcel.
For 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.
Permission to depart from the literal requirements of the
zoning standards of this Chapter.
Permission to depart from the requirements of this Chapter
with respect to the design standards of this Chapter.
Permission to depart from the requirements of this Chapter
with respect to the submission of required maps or documents.
Any structure designed for, or used permanently for, the
storage of goods and materials.
A 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.
See FRESHWATER WETLANDS and TIDAL WETLANDS.
A 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.
Equipment 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.
Any 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.
Any 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.
An 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.
A freestanding monopole structure on which one or more antennas
are attached, but shall not mean existing structures such as silos,
cupolas or water tanks.
An 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.
A 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."
A 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.
A space extending from the front yard to the rear yard between
the principal building and the side lot line.
The Zoning Board of Adjustment as established under this
Chapter.
A document signed by the Zoning Officer:
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.
[1]
Editor's Note: The former definition of "garage," which immediately
followed this definition, was repealed 10-1-2019 by Ord. No. 2019-1452.
