[Ord. 93-5 § 201,
1993]
A.
For the purpose of Title 16, certain phrases and words are defined
in this chapter as follows:
1.
Words used in the present tense include the future;
2.
Words used in the singular number include the plural number and vice
versa;
3.
Words used to include the male gender include the female gender and
vice versa;
4.
The word "used" includes arranged, designed, constructed, altered,
converted, rented, leased or intended to be used;
5.
The word "lot" includes the word "plot" and "premises";
6.
The word "building" includes the words "structure," "dwelling" or
"residence";
7.
The word "shall" is mandatory and not discretionary; and
8.
The word "may" is discretionary and not mandatory.
B.
Whenever a term is used in this title which is not defined in this
chapter but which term is defined in the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.), such term is intended to have the meaning as defined
in the Municipal Land Use Law.
[Ord. 93-5 § 202,
1993; amended by Ord. 96-17 § 2,
1996; Ord. 99-18 § 1999; Ord. 2000-15 § 1, 2000; Ord. 2002-11 §§ 1, 2, 2002;
N.J.S.A. 40:55D-1, et seq.; Ord. 2004-12 § 1, 2004; Ord. 2013-10, § 2, 11-26-2013; Ord. No. 2017-05, § 1, 5-23-2017; Ord. No. 2018-08, § 1, 7-24-2018]
As used in this land development ordinance:
Residential dwelling units situated above the first floor
in mixed use buildings. Each unit shall contain at least two rooms
and have sanitary and cooking facilities for the exclusive use of
its occupant(s). Access to an accessory apartment unit shall be separate
and externally located from the nonresidential uses below, and shall
conform to all state and Borough codes and regulations.
A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, decks, kennels, sheds, nonportable swimming pools, and all roofed structures. Any accessory building attached to the principal building shall be considered part of the principal building. A detached accessory building shall not be used as a dwelling or bedroom unless specifically permitted in Chapter 16.16 or Chapter 16.56 of this title.
An extension or increase in the floor area or height of a
building structure.
The director of zoning and planning, unless a different municipal
official is designated by this title to administer certain of the
responsibilities and authorities specified for the administrative
officer in N.J.S.A. 40:55D-1 et seq.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties such as, but not limited to, inadequate drainage
facilities, unsuitable street grades, street locations that fail to
compose a convenient system, and failure to provide or make future
allowances for access to the interior portion of adjoining lots or
for other facilities required by this title, and danger from fire,
flood, erosion or other menace.
A change, rearrangement or raising in the structural parts
or in the means of egress; or an enlargement, whether by extending
on a side or by increasing in height; or the moving from one location
or position to another; or by enclosing an elevated structure in conformity
with federal flood regulations.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod or canister), directional antenna (panel), parabolic antenna
(disc), or any other wireless antenna. An antenna shall not include
tower-based wireless communications facilities defined below.
[Amended 9-22-2020 by Ord. No. 2020-16]
A building occupied or intended to be occupied exclusively
for residence purposes by three or more housekeeping units living
independently of each other and each with its own cooking and sanitary
facilities.
The landowner or the agent, optionee, contract purchaser
or other person authorized in writing to act for the landowner submitting
an application under this title.
The application or appeal forms, together with the required
fees and all accompanying documents required by this title for approval
of a subdivision plat, site plan, planned development, conditional
use, zoning variance or direction for the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 4D:55D-36. For purposes of this
title, an application for development includes an application to the
board for interpretation of the zoning map or ordinance or for decisions
upon other special questions pursuant to N.J.S.A. 40:55D-70b.
A space between the ceiling beams of the top habitable story
and the roof rafters. Attic space which has a stairway for access
and egress and in which the ceiling area at a height of 7 1/3
feet above the attic floor is more than one-third the area of the
floor next below shall be considered a "story" for the purposes of
this title.
The lines that connect a wireless provider's or facility
developer's towers and cell sites to one or more cellular telephone
switching offices and/or long-distance providers or the public switched
telephone network.
[Amended 9-22-2020 by Ord. No. 2020-16]
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower
as defined herein or any equipment associated with a tower. "Base
station" includes, without limitation, the following:
[Amended 9-22-2020 by Ord. No. 2020-16]
Equipment associated with wireless communications services such
as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as a backhaul network.
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including DAS and small-cell networks).
Any structure other than a tower that, at the time the relevant application is filed under this chapter, supports or houses equipment described in Subsections A and B of this definition which has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
That portion of a building partly below and partly above
grade and having one-half or more of its height above grade.
Any establishment open to the public which provides facilities
such as showers, sinks, toilets, dressing areas, and other similar
facilities provided for the convenience and comfort of its patrons.
Bathhouses, because of their nature, may maintain cooking facilities
and an area for food consumption as an inherent and consistent use,
and not an accessory or separate use from the bathing facility within
the bathhouse.
A room planned or used primarily for sleeping.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than on a building
or the grounds to which the advertising applies.
The land use review board of the Borough of Ship Bottom in
accordance with N.J.S.A. 40:55D-25 of the Municipal Land Use Law.
Borough of Ship Bottom, Ocean County, New Jersey.
A passageway covered with a permanent roof which passageway
extends between a main building and an accessory building.
A visual and auditory barrier at least five feet in width
between adjoining lots or site uses composed of evergreen growth arranged
to form a landscape screen.
Any structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, piers, walls and/or
air and intended for the shelter, business, housing, or enclosing
of persons, animals or property.
The vertical distance measured to the highest point of the building
from the mean elevation of the curb level (or future curb level in
the instance where no curb exists) along the frontage of the lot along
the street, provided the following:
No portion of any lot frontage within the EC environmentally
critical district shall be utilized in the calculation of the mean
curb elevation;
In the instance where no actual lot frontage exists, but where
the building is provided access via an easement through another lot,
the mean elevation of the curb level shall be calculated only along
the lot frontage portion of the other lot which contains the access
easement; and
If the building is situated on a lot which has frontage on more
than one street, the vertical distance shall be measured from the
existing and/or future curb level having the lowest elevation.
In all cases where this title provides for height limitations
by reference to a specified height and a specified number of stories,
the intent is to limit height to the specified maximum footage and
the specified number of stories within such footage.
For all lots west of the Long Beach Boulevard that have been
filled to 16 inches for interior lots and 20 inches for lots fronting
the bay or lagoon, the building height shall be measured from the
elevation of the top of the ground level slab, a maximum of four inches
above the required fill, or above the required fill grade if no slab
is proposed.
[Amended 12-28-2021 by Ord. No. 2021-20]
A small, box-like, rectangular oval, or other geometric-shaped
structure used to facilitate utility or wireless communications facilities.
[Added 9-22-2020 by Ord.
No. 2020-16]
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion of the paved or graded width.
That portion of a building partly below or completely below
grade and having at least 1/2 its height below grade.
A certificate issued by the construction code official upon
completion of the construction of a new building or upon an alteration
or addition of a structure which certifies that all requirements of
the New Jersey Uniform Construction Code and Borough ordinances have
been complied with and met.
Any facility which is maintained for the care, development
and supervision of six or more children who attend the facility for
less than 12 hours a day and which offers such programs as child care
centers, day care centers, drop-in centers, day nursery schools, play
schools, cooperative child centers, centers for children with special
needs, infant-toddler programs, employment-related centers, and/or
kindergartens that are not an integral part of a private educational
institution or system offering elementary education in grades kindergarten
through sixth. A child care center shall not offer programs operated
in the daycare center by a public or private day school of elementary
and/or high school grade, special activity programs for children,
youth camps, and/or religious classes or centers.
The act of siting wireless communications facility on an
existing structure without the need to construct a new wireless communications
support structure and without a substantial increase in the size of
an existing structure. The mounting of one or more wireless communications
facilities, including antennas, on an existing tower-based wireless
communications facility and/or wireless support structure for the
purpose of transmitting and/or receiving radio and digital frequency
signals for communications purposes. To be confirmed as co-location,
an applicant must demonstrate that it qualifies as co-location in
accordance with federal and state law, including, but not limited
to N.J.S.A. 40:55D-46.2. The siting of small wireless facilities and
DASs on existing utility poles in the ROW shall be considered co-location.
[Amended 9-22-2020 by Ord. No. 2020-16]
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 complimentary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (C. 30:11B et seq.) providing food, shelter and personal
guidance, under such supervision as required, to persons with head
injuries, 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, 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," P.L. 1971, c. 136 (C. 26:2H et al.).
Any community residential facility licensed pursuant to P.L.
1977, c. 488 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required to 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," P.L. 1971,
c. 136 (N.J.S.A. 26:2H-1 et seq.) In the case of a community residence
housing mentally ill persons, such residence shall have been approved
for a purchase of service contract or an affiliate 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.
"Developmentally disabled person" means a person who is developmentally
disabled as defined in Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-2).
"Mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-23, but shall not include a person
who has been committed after having been found guilty of a criminal
offense by reason of insanity or having been found unfit to be tried
on a criminal charge.
Any shelter approved for a purchase of a service contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant to P.L. 1979,
c. 337 (N.J.S.A. 30:40-1-14) providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
An application for development shall be complete for purposes of commencing the applicable time period for action by the land use review board when so certified by the board or its authorized designee as indicated in Chapter 16.80 of this title. In the event the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the board unless:
The board may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met; however, the application shall not be deemed incomplete
for lack of any such additional information or any revisions in the
accompanying documents so required by the board.
Nothing herein shall be construed to diminish the applicant's
obligation to prove during the application review process that he
or she is entitled to approval of the application. Moreover, the applicant
may request that one or more of the submission requirements indicated
on the checklist be waived, in which event the board or its designee
shall grant or deny the request(s) within 45 days.
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 or operation of such use
as specified in this title.
Includes, but shall not be limited to, stoves, ranges, microwaves,
hot plates, ovens grills, steamers, fryers, and similar devices.
The need for additional capacity because of inadequate present
capacity or service, dead spots, and inability to place a call.
[Amended 9-22-2020 by Ord. No. 2020-16]
The aggregate square footage or other area measurement by
which all buildings occupy the upland area of a lot, as measured in
a horizontal plane around the periphery of the foundation, and including
the area under the roof of any structure supported by columns, but
not necessarily having walls, and extending more than two feet beyond
the foundation. For the purposes of this title, any deck shall be
included in the computation of building coverage if any part of the
deck extends more than 12 inches above grade level.
The upland (from mean high water line) square footage or
other area measurement by which all buildings and impervious surfaces
cover a lot as measured in a horizontal plane to the limits of the
impervious area(s). All parking spaces and lots, paved or unpaved,
swimming pools, hot tubs, whirlpools and other bodies of collected
water, buildings, roads, driveways, walkways, tennis courts, patios,
and any other structure or on-site material or ground condition that
does not permit the natural soil absorption and permeation of water
shall be considered impervious surfaces and included in the computation
of lot coverage, except that the ornamental coverage of a lot with
stones or similar materials shall not be considered part of the impervious
surface lot coverage if the area is clearly separate from the driveway
and on-site parking areas on the lot and is not utilized at any time
for the parking or movement of vehicles. For the purpose of this definition,
impervious coverage shall include interlocking pavers or other pavers.
Calendar days.
Small areas within a service area where the field of strength
is lower than the minimum level for reliable service or inadequate
capacity exists as determined by expert testimony in accordance with
industry standards.
[Amended 9-22-2020 by Ord. No. 2020-16]
A shop where prepared cooked meats, smoked fish, cheeses, salads and/or other similar foods are sold for consumption primarily off the premises, although a relatively limited area may be utilized for the seating of no more than eight patrons, provided that the use does not otherwise meet the definition of "Fast food convenience store." If any seats (up to eight) are provided in the delicatessen, parking for the seats shall be provided at the ratio of one parking space per every four seats, or portion thereof, in addition to the parking spaces otherwise required for the retail use as specified in Chapter 16.16 of this title for the applicable zoning district.
A delicatessen offering fast food as defined in this section
under "Fast food convenience store" and "Restaurant, Fast Food."
A building physically detached from other buildings or portions
of buildings which is occupied or intended to be occupied for residence
purposes by one housekeeping unit which has its own sleeping, sanitary
and general living facilities.
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 or landfill; any use, or change in use, of any
building or other structure; and/or any use of land or extension of
the use of land for which permission is required by the provisions
of this title.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure. DAS antenna elevations are generally at or below
the clutter level, and node installations are compact.
[Amended 9-22-2020 by Ord. No. 2020-16]
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or lands required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A form of ingress and egress for vehicles to and from a property,
constructed at grade level.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
shall be self-contained and shall not require passing through another
dwelling unit or other indirect route(s) to get to any portion of
the dwelling unit, nor shall there be shared facilities with another
housekeeping unit.
A right to use the real property of another created by deed
or other legal means, for the benefit of private persons or the public,
for one or more specific purposes such as access, drainage, conservation,
or provision of utility services.
A housekeeping unit.
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 less than three and no more than five children for no less 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 relatively small food market where prepackaged foods, magazines
and newspapers, cigarettes, dairy products, and/or other similar foods
and items are sold for consumption or use elsewhere, including those
establishments where, as a secondary use of the premises, prepared
foods (e.g., meats, cheeses, salads, etc.) are sold over the counter
in sandwiches or are packaged for take out.
See definition of "Restaurant, Fast Food."
The Federal Communications Commission.
[Amended 9-22-2020 by Ord. No. 2020-16]
A structure erected as a barrier to access to or from a part
or whole of a property, including walls, screens or hedges resulting
in a solid visual barrier.
Any vessel used, designed and/or occupied as a permanent
dwelling unit, business office, or source of any occupation, or for
any private or social club of whatever nature, including, but not
limited to, a structure constructed upon a barge primarily immobile
and out of navigation or which functions substantially as a land structure
while the same is moored or docked within the corporate limits of
the Borough of Ship Bottom; whether such vessel is self-propelled
or not, and whose volume coefficient is greater than 3,000 square
feet ("volume coefficient" is the ratio of the habitable space of
a vessel measured in cubic feet and the draft of a vessel measured
in feet of depth). No floating home shall be permitted in any zone
within the Borough of Ship Bottom and no marina shall permit the in-water
or out-of-water storage of any floating home.
The relatively flat area adjoining the channel of a natural
stream or body of water which has been or may be hereafter covered
by floodwater.
The plan projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section, provided that
the area under any roof overhang of two feet or less shall not be
included in the GFA calculation. Basements which satisfy applicable
construction code definitions of habitable space are included in the
GFA for residential uses. The gross floor area of a townhouse, apartment
or other attached structure shall be measured from the center of the
interior walls and the outside or exterior walls.
The minimum required floor area for residential units shall
be exclusive of accessory buildings and structures, garages, porches,
decks and terraces, and shall be defined by the exterior plane of
all walls extended vertically to the ground at the first floor level
enclosing living area.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 6 1/2 feet including working, living, eating, cooking,
sleeping, hall, storage, closet and bathroom areas, but excluding
garages, carports, parking spaces, cellars, half-stories and unfinished
attics and basements.
An accessory building or structure or portion of a main building
or structure used for the storage of three or less motor vehicles
solely owned by the occupants of the principal building, and without
the provision for repairing or servicing such vehicles for profit
and in which no occupation, business or service for profit is conducted.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles customarily
used for private transportation, local school buses or commercial
vehicles.
Any building, premises and land in which, or upon which,
a business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
A building or part thereof, with any incidental outside area,
used for the retail sales of living plant material and related garden
equipment.
A reference plane representing the slope of a road, path,
driveway, swale or other surface, or the average of finished ground
elevation adjoining a building at all exterior walls at project completion.
A cabinet that is not attached to an existing utility pole
or tower and is touching or directly supported by the ground.
[Added 9-22-2020 by Ord.
No. 2020-16]
An occupation including, but not limited to, any artisan
or licensed profession, except for real estate or food preparation
or food services uses, conducted in a detached single-family dwelling
unit, subordinate to its residential use. Family day care homes shall
be deemed to be a home occupation in any residential district in which
home occupations are a permitted accessory use and shall be sublet
to the same restrictions applicable to all other home occupations.
A building which: (1) contains 20 or more units which are
designed or intended to be used, let or hired out for compensation
for transient occupancy by the public at large; (2) contains a public
lobby or public registration office serving the guest rooms; (3) may
contain one or more dining rooms; and (4) has full-time on-site management.
Each unit shall include a minimum of two rooms, a bedroom and a separate
bathroom. This definition also means and includes any motor hotel
or motel; provided that this definition shall not be construed to
include any building or structure defined as a multiple-dwelling with
the N.J. Department of Community Affairs (as required under the Hotel
and Multiple-Dwelling Law, N.J.S.A. 55:13A-1 et seq.) and which is
registered as a multiple-dwelling with the Commissioner of Community
Affairs and is occupied or intended to be occupied as such.
Those vessels designed primarily for pleasure craft, recreation,
and for independent navigation, which are not designed as a residential
dwelling unit, whose volume coefficient is less than or equal to 3,000
square feet, and which are not considered floating home in accordance
with the definition set forth above in this section. "Volume coefficient"
is the ratio of the habitable space of a vessel measured in cubic
feet and the draft of a vessel measured in feet of depth. No marina
shall use, or permit to be used, more than 5% of the total number
of its approved boat slips or moorage sites for houseboats.
One or more persons living together as a single entity in
one dwelling on a nonseasonal basis and sharing living, sleeping,
cooking and sanitary facilities on a nonprofit basis, including domestic
servants employed on the premises when common housekeeping facilities
are shared.
The surface area of a lot covered by principal and accessory
buildings and structures. Impervious area shall also include all paved
parking areas, automobile access driveways and storage areas, patios,
walkways, grade-level decks, swimming pools, spas, and all other impervious
surfaces (except as indicated on the zoning district requirements)
which do not allow for the direct percolation of rainwater and stormwater.
Permeable interlocking concrete or brick pavement constructed in accordance
with the Interlocking Concrete Paving Institute (ICPI) Technical Specification
#18: Construction of Permeable Interlocking Concrete Pavement Systems,
loose stone, gravel, and unroofed boardwalk type decks which allow
for some percolation of stormwater shall be calculated as only 50%
impervious, provided the subsurface beneath the permeable paver be
free-draining material of a minimum thickness of 12 inches.
[Added 8-22-2023 by Ord. No. 2023-13]
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration of water.
[Added 8-22-2023 by Ord. No. 2023-13]
Surface covering the natural earth which covering inhibits
water percolation into the natural earth, thereby causing surface
water to drain off the site of the surface covering rather than be
absorbed into the earth constituting the lot upon which the surface
covering is placed.
[Added 8-22-2023 by Ord. No. 2023-13]
Includes any citizen of the state of New Jersey or, 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 the provisions of
this title or whose rights to use, acquire or enjoy property under
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or this title,
or under any other law of this state or of the United States have
been denied, violated or infringed upon by an action or a failure
to act under the provisions of this title.
Any space, whether inside or outside a building, used for
the storage, keeping, sale or abandonment of junk, including scrap
metals or other scrap materials, or for the dismantling, demolition,
salvage, resale or abandonment of automobiles or other vehicles or
machinery or parts thereof. Junk yards are prohibited in all districts.
Any motor vehicle or part thereof left unattended or parked
and where two or more of the following conditions apply: expired inspection
sticker of 30 days or more, no license plates, no registration, incapable
of operation, broken glass or one or more flat tires.
An off-street parking space or berth, either within a structure
or in the open and on the same lot with a building or group of buildings,
for the temporary parking of a commercial vehicle while loading or
unloading, with at least 12 feet of vertical clearance but, in any
case, sufficient clearance for the use intended. The minimum size
loading space shall be 12 feet by 30 feet.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit; provided that no portion of an existing public
street shall be included in calculating a lot boundary or lot area.
The word "lot" includes the words "plot" and "premises."
The upland area contained within the lot lines of a lot,
but not including any portion of a street right-of-way. Each lot shall
have sufficient area within the zoning district for which development
approval is requested. For the purposes of this title, no area waterward
of the mean high water line shall be used in computation of lot area.
The perpendicular distance between the street line or front
lot line and a line drawn parallel thereto through the midpoint of
the rear lot line. For the purpose of this chapter, no distance waterward
from the mean high water line shall be used in the computation of
lot depth.
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the minimum
lot width, except that where the lot frontage in its entirety is a
curve with an outside radius of less than 500 feet, the minimum frontage
shall not be less than 75% of the minimum lot width but in no cases
shall be less than 20 feet in width. In the case of a corner lot,
the side of the lot with the smallest distance adjacent to a street
shall be considered the lot frontage. In the case of lots which front
on the beach or bay, such frontage shall not be considered lot frontage;
lot frontage is to be measured only along a street line.
Any line forming a portion of the exterior boundary of a
lot, which is the same line as the street line for that portion of
a lot abutting a street.
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line. When the side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than 75% of the minimum lot frontage for the zoning district
in which the lot is located.
A lot abutting the intersection of two or more streets, where
the interior angle of intersection does not exceed 135%. Each corner
lot shall have two front yards, one side yard and one rear yard; the
side and rear yard to be designated at the time of application for
a construction permit.
A lot other than a corner lot.
Any security, in accordance with the requirements of this
title, which may be accepted subject to review and approval by the
Borough council for the maintenance of any improvements required by
this title, including but not limited to surety bonds, letters of
credit under the circumstances specified in N.J.S.A. 40:55D-53.5,
and cash.
Any waterfront facility wherein berthing spaces for any watercraft
or boat are offered for rental by the operator, except as prohibited
for "Floating homes" and limited for "Houseboats" (see definitions
above). A marina includes, in addition, automobile parking facilities,
sanitary facilities, motor fuel sales, boat sales, boat yards, repairs,
maintenance and services, but shall exclude facilities for the construction
of new boats. For the purposes of this title, the rental of one or
more berthing spaces to other than the residents of the property contiguous
to the berthing spaces shall be deemed to constitute a "marina" and
all provisions of this title pertaining to marinas shall apply.
A wireless communications facility or site which consists
of a single-pole structure, designed and erected on the ground or
on top of a structure to support communications antennas and connecting
appurtenances.
[Amended 9-22-2020 by Ord. No. 2020-16]
The land use review board, Borough council, or any other
agency created or responsible to one or more municipalities, when
acting pursuant to N.J.S.A. 40:55D-1 et seq.
A building or structure the size, dimension, or location
of which was lawful prior to the adoption, revision or amendment of
this title, but which fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot the area, dimension, or location of which was lawful
prior to the adoption, revision or amendment of this title, but fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this title, but which fails to conform to
the requirements of the zoning district in which it is located by
reasons of such adoption, revision or amendment.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment.
[Amended 9-22-2020 by Ord. No. 2020-16]
An offensive, annoying, unpleasant or obnoxious thing or
practice; a cause or source of an annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
of activity or use across a property line which can be perceived by
a human being; the generation of an excessive or concentrated movement
of people or things such as, but not limited to, noise, dust, smoke,
fumes, odor, glare, flashes, vibrations, shock waves, heat, debris,
litter, trash sites, electronic or atomic radiation, effluent, noise
of congregation of people especially at night, vehicular traffic,
or the transportation of things by truck, rail or other means; invasion
of nonabutting street frontage by parking; the obscuring or masking
of adjacent or nearby property by projecting signs, marquees or canopies;
or any adverse effect on value or desirability of nearby property
caused by such matters as the appearance of the exposed storage of
inoperable automobiles, junk or other materials or the dilapidation
of buildings, structures or land caused by neglect.
A line established by the Borough engineer and shown on maps
of the Borough on file as public records and as reflected on the zoning
map which shall mark the easterly limits of any permissible building
construction.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
Located outside the lot lines of the property in question
but within the property (of which the lot is a part) which is the
subject of a development application, or on a contiguous portion of
a street right-of-way or drainage or utility easement.
A space accommodating any or all of the following: executive,
professional business, general corporate and clerical activities;
research and consumer product development connected with service industries
such as financial, insurance, real estate and banking; development
of computer software; demographic, economic and statistical research;
and activities of a similar character.
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 right-of-way or
drainage or utility easement.
An incorporated, nonprofit organization operating under recorded
land agreement providing that: (1) each owner is automatically a member;
(2) each occupied dwelling unit is automatically subject to a charge
for proportionate share of expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
organization by the Borough; and (3) each owner and tenant has the
right to use the common property.
An area, either within a structure or in the open, not less
than nine feet wide by 18 feet in length or, in the case of a handicapped
parking space, an area not less than eight feet wide by 18 feet in
length with an adjacent access aisle at least five feet wide, for
the parking of motor vehicles, exclusive of driveways, access drives,
fire lanes and public rights-of-way, except that nothing shall prohibit
private driveways for dwelling units from being considered off-street
parking areas, provided that no portion of such driveway within the
right-of-way line of the street intersected by such driveway shall
be considered off-street parking space. The area is intended to be
sufficient to accommodate the exterior extremities of the vehicle,
whether in addition thereto wheel blocks are installed within this
area to prevent the bumper from overhanging one end of the parking
space. The width and length of each space shall be measured perpendicular
to each other regardless of the angle of the parking space to the
access aisle or driveway.
Any security, in accordance with the requirements of this
title, which may be accepted subject to review and approval by the
Borough council in lieu of a requirement that certain improvements
be completed prior to final approval of a development application,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Any use of land or buildings as permitted by this title.
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
A structure extending over land or water for use as a docking
place or promenade.
Any tower, antenna, and/or other wireless communications
support structure that has a construction permit or land use approval
prior to the effective date of this chapter and including, but not
limited to, any tower, antenna, and/or wireless communications support
structure on property owned, leased, or otherwise controlled by Borough.
[Amended 9-22-2020 by Ord. No. 2020-16]
A building, structure or use which is the main or primary
building, structure or use on the lot.
The use of land or buildings, by the governing body of the
Borough or any officially-created authority or agency thereof.
Persons, corporations, or governments supplying gas, electric,
transportation, water, sewer, or landline telephone service to the
general public. The term "public utility," however, shall not mean,
for purposes of this chapter, wireless communications providers and
wireless facility developers.
[Amended 9-22-2020 by Ord. No. 2020-16]
A use owned or operated by a nonprofit, religious or eleemosynary
institution and providing educational, cultural, recreational, religious
or similar types of public programs.
Any establishment, however designated, at which food and
drink is sold primarily for consumption on the premises and within
a building and in which no other business, except such as is incidental
to such establishment, is conducted. However, a snack bar or refreshment
stand at a public or community swimming pool, playground, playfield
or park, operated solely by the agency or group operating the recreational
facility and for the convenience of patrons of the facility, shall
not be deemed a restaurant.
Any retail food establishment such as a restaurant, refreshment
stand, snack bar, dairy bar, hot dog or hamburger stand, where foods
and drinks, prepared for immediate consumption, are purchased and
served either primarily for consumption at counters, stools or bars
in the premises outside the building or primarily for consumption
in automobiles parked on the premises or off the premises, whether
brought to such automobiles by the customer or by employees of the
restaurant, regardless of whether or not additional seats or other
accommodations are provided for customers inside the buildings. Those
restaurants where a majority of prepared food is consumed only at
tables on the premises and served by waiters or waitresses at such
tables shall not be deemed "fast-food restaurant." Any restaurant
with drive-through window service shall be considered a "fast-food
restaurant." However, no transaction may be made on the street or
sidewalk, unless specifically permitted.
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 streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
The surface of and space above and below any real property
in the Borough in which the Borough, County of Ocean, and/or State
of New Jersey has a regulatory interest, or interest as a trustee
for the public, as such interests now or hereafter exist, including,
but not limited to, all streets, highways, avenues, roads, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, or any other public
place, area, or property under the control of the Borough, County
of Ocean, and/or State of New Jersey, and any unrestricted public
or utility easements established, dedicated, platted, improved, or
devoted for utility purposes, but excluding lands relating to other
than streets that are owned by the Borough, County of Ocean, and/or
State of New Jersey. The phrase "in the right(s)-of-way" means in,
on, over, along, above, and/or under the right(s)-of-way.
[Amended 9-22-2020 by Ord. No. 2020-16]
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite,
or similar electronic signals.
[Amended 9-22-2020 by Ord. No. 2020-16]
Any apparatus or structure constructed or installed out-of-doors
with the purpose of receiving television, radio, microwave, satellite,
or other similar signals, with the exception of conventional television
antennas.
Lands and buildings providing for the sale of automotive
fuel, lubricants and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the storage of inoperable, wrecked or unregistered vehicles
shall be permitted. Additionally, no car wash operation, car or truck
rental, parking for a fee or other activity not specifically a part
of the service station use shall be permitted.
A line drawn parallel with a street line, lot line or the
interior limits of any access easement and drawn through the point
of a building nearest to the street line, lot line or the interior
limits of the access easement. The term "required setback" means a
line that is established at a minimum horizontal distance from the
street line, lot line or the interior limits of any access easement
and beyond which a building or part of a building is not permitted
to extend toward the street line, lot line or the interior limits
of any access easement.
A triangular area established in accordance with the requirements
of this title in which no grading, planting or structure shall be
erected or maintained more than 30 inches above the street centerline
except for street signs, fire hydrants and light standards.
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illumination, insignia
or other visual communication is used to advertise or promote the
interest of any person, products or service when the same is placed
in view of the general public.
A development of one or more lots on which is shown:
The existing and proposed conditions of the lot including, but
not 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, signs, lighting, screening devices
and structures; and
Any other information that may be reasonably required in order
to make an informed determination concerning the adequacy of the plan
in accordance with the requirements of this title.
A committee of not more than three land use review board
members appointed by the chairperson of the land use review board.
Any development plan not classified as a minor site plan.
Any development plan consisting of the following:
The construction of any permitted accessory use(s), except as
exempted from site plan review elsewhere in this title, as such accessory
uses are specifically permitted by the provisions of this title; or
Any development plan consisting of an expansion of, or addition
to, an existing conforming structure and use not exempted from site
plan review elsewhere in this title and not accounting for more than
5% additional building coverage and not exceeding more than 1,500
square feet of enclosed and roofed area, provided that such development
plan does not involve the installation of any road improvements, does
not change the construction of Borough drainage facilities, does not
involve the expansion of public facilities, and does not adversely
affect the development of any adjoining properties.
A wireless facility mounted on structures 40 feet or less
in height and meets both of the following qualifications: i) each
antenna associated with the deployment, excluding associated antenna
equipment, is no more than three cubic feet in volume; and ii) all
other wireless equipment associated with the small wireless facility,
whether ground- or pole-mounted, is cumulatively no more than 28 cubic
feet in volume. Small wireless facilities include DASs.
[Added 9-22-2020 by Ord.
No. 2020-16]
A pole substantially similar to a utility pole and subject
to the same laws and regulations governing utility poles which provides
for the siting of small wireless facilities in the ROW.
[Added 9-22-2020 by Ord.
No. 2020-16]
Camouflaging methods applied to wireless communications towers,
antennas, and other related facilities which render them more visually
appealing, or blend the proposed facilities into the existing structure
or visual backdrop in such a manner as to render them minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure, and facilities constructed
to resemble trees, shrubs, flagpoles, utility poles, and light poles.
[Amended 9-22-2020 by Ord. No. 2020-16]
That portion of a building between the surface of any floor
and the next ceiling above it or, in its absence, the bottom of the
floor joists or ceiling joists or beams above it. A split level story
shall be considered a second story if its floor level is six feet
or more above the level of the line of the finished floor next below
it, except a cellar. Any floor under a sloping roof at the top of
a building which is more than seven feet below the top ridge shall
be counted as a story, and if less than seven feet below the top ridge,
but more than five feet it shall be counted as a half-story. No residence
shall have more than two livable stories and both shall be above the
joist level; the area below the joist level may be used for parking
or storage.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way: (1) which is an existing state, county or municipal
roadway; or (2) which is shown on a plat heretofore approved, pursuant
to law; or (3) which is approved as provided by this title; or (4)
which is shown on a plat duly filed and recorded in the office of
the county recording officer prior to the appointment of a land use
review 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, sidewalks,
parking areas and other areas within the street line.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted master
plan or official map, forming the dividing line between the street
and a lot.
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, including but not limited to, buildings, fences,
standards, signs, towers, tanks, swimming pools, tennis courts and
piers.
The division of a lot, tract or parcel of land into two or
more lots, tract, parcels, or other divisions of land for sale or
development. The term "subdivision" also includes the term "resubdivision."
However, the following shall not be considered subdivisions within
the meaning of this title if no new streets are created:
Divisions of land found by the land use review board to be for
agricultural purposes when all resulting parcels are five acres or
larger in size;
Divisions of property by testamentary or intestate provisions,
provided the division is in conformity with the applicable requirements
of this title;
Divisions of property upon court order including, but not limited
to, judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
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 all
requirements of the Borough of Ship Bottom land development regulations
and which are shown and designated as separate lots, tracts or parcels
on the tax map or atlas of the Borough of Ship Bottom.
A committee of not more than three land use review board
members appointed by the chairman of the land use review board.
Any division of land not classified as a "minor subdivision."
Any division of land for the creation of not more than two lots
(one new lot and the remaining parcel), each fronting upon, and provided
vehicular access to, an existing street either improved in accordance
with N.J.S.A. 40:55D-35 or granted relief therefrom in accordance
with N.J.S.A. 40:55D-36, and which:
Does not involve any new street or access easement or the installation
of any street improvements or the extension of Borough facilities;
Does not involve any streets requiring additional right-of-way
width as specified in the master plan or official map and/or the street
requirements of this title, unless such additional right-of-way width,
either along one or both sides of street(s), as applicable, shall
be deeded to the Borough or to the appropriate governmental authority
prior to classification as a "minor subdivision";
Does not involve any required off-tract improvements;
Does not involve a planned development;
Does not conflict with any provisions or portions of the master
plan;
Is not deficient in those details and specifications required
of minor subdivisions as specified in this title;
Is not a further division of an original tract of land for which
previous minor subdivision(s) have been approved by the Borough during
the current calendar year and where the combination of the proposed
and previously approved minor subdivision(s) constitute major subdivision;
and
Does not adversely affect the future development of the remainder
of the parcel or adjoining property.
Any readjustment of lot lines resulting in no new lots shall
be classified as a "minor subdivision" for purposes of the application
and review requirements specified in this title, but not for the purposes
of counting the number of minor subdivisions occurring within any
calendar year.
A modification substantially changes the physical dimension
of a wireless communications support structure and/or base station
if it meets any of the following criteria:
[Amended 9-22-2020 by Ord. No. 2020-16]
Increase in height. An increase in the height of a wireless
communications support structure constitutes a substantial change
for structures outside the ROW if the proposed increase in height
is more than 20 feet or 10%, whichever is greater. All wireless communications
support structures in the ROW, including small wireless facility poles
and utility poles, shall be limited to a maximum of 40 feet in height.
Any change to the increase in height for any wireless communications
support structures in the ROW that increases the height to a total
less than the maximum of 40 feet shall not constitute a substantial
change.
Increase in width. An increase in the width of a tower constitutes
a substantial change for towers outside the ROW if the increase protrudes
from the edge of the tower more than 20 feet or more than the width
of the tower structure at the level of the new appurtenance. All changes
to the width of small wireless facilities that comply with the applicable
regulations shall be deemed nonsubstantial.
Increase in equipment cabinets. The addition of equipment cabinets
constitutes a substantial change if it involves installation of more
than the standard number of new equipment cabinets for the technology
involved, or more than four cabinets, whichever is less.
Excavation or deployment outside current site. Excavation or
deployment of equipment outside the current site of the tower or base
station constitutes a substantial change when required for a proposed
co-location.
Defeat of existing concealment elements. If existing concealment
elements of the tower or base station would be defeated by the proposed
co-location, the proposed co-location constitutes a substantial change.
For example, if the proposed co-location would result in an extension
of a camouflaged tree tower which would result in the tower no longer
looking like a tree, the proposed co-location would constitute a substantial
change of the tree tower.
Failure to comply with prior conditions. A substantial change
occurs if the proposed co-location fails to comply with conditions
associated with the prior approval of the tower or base station, unless
such noncompliance is due to an increase in height, increase in width,
addition of cabinets, or new excavation that does not exceed the corresponding
"substantial change" thresholds described above.
The co-location of small wireless facilities on existing utility
poles in the ROW and the replacement of existing, approved utility
poles pursuant to the applicable law in the ROW shall not be considered
a substantial change.
No changes that exceed the scope of the applicable regulations
shall be permitted, whether substantial or nonsubstantial.
A swimming pool, the structure of which containing the water
in the pool has as its highest elevation a point not exceeding two
feet above the elevation of the crown of the street in front of the
lot on which the pool is located.
A swimming pool, including but not limited to hot tubs and
whirlpools, but excluding a wading pool, whether portable or fixed,
that is located on a lot principally used for a dwelling unit by one
housekeeping unit, and including all buildings, structures and equipment
appurtenant thereto.
Any pool other than a private residential swimming pool designed
to be used collectively by persons for swimming and bathing purposes
including pools designed as part of any hotel or motel use or apartment
or townhouse development.
A swimming pool that is not permanently installed and meets
all of the following criteria: does not require water filtration,
circulation and purification; does not exceed 24 inches depth; does
not exceed a water surface of 200 square feet; and does not require
braces or supports. Portable swimming pools are not subject to this
title.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, and similar wireless telecommunication purposes, including
self-supporting lattice towers or monopole towers. The term shall
also include radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, alternative tower
structures, monopoles, and the like. The term includes the structure
of the tower along with any support thereto.
[Amended 9-22-2020 by Ord. No. 2020-16]
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers, and monopoles. DAS hub facilities are
considered to be tower-based wireless communications facilities.
[Amended 9-22-2020 by Ord. No. 2020-16]
One building containing at least four, but no more than eight
connected dwelling units, where each dwelling unit has its own entry
from the ground floor and is compatibly designed in relation to all
other units, but is distinct by such design features as width, setback,
roof design, color, exterior materials, and other features, singularly
or in combination. Each dwelling unit may be a maximum of 2 1/2
stories (see definition of "Story," but nothing in the definition
shall be construed to allow one dwelling unit over another; i.e.,
there shall be no more than one dwelling unit in any vertical plan.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this title for the use(s) intended.
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses which may contain cooking, sleeping and sanitary facilities,
such as a camper, house trailer or motor home.
A building occupied or intended to be occupied exclusively
for residence purposes by two housekeeping units living independently
of each other, each with its own cooking and sanitary facilities,
and entirely separated by vertical walls or horizontal floors.
Any telephone pole, public utility pole, electric pole, or
any other pole providing for the maintenance of wires for the distribution
of electricity, telephone signals, telegraph signals, and/or television
signals.
[Amended 9-22-2020 by Ord. No. 2020-16]
Permission granted to an applicant for development by the
land use review board to depart from the literal requirements of the
zoning provisions of this title.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Amended 9-22-2020 by Ord. No. 2020-16]
Any personal wireless services as defined in the Telecommunications
Act of 1996 ("TCA"), which includes FCC-licensed commercial wireless
telecommunications services, including, but not limited to, all FCC-licensed
backhaul network and other wireless services, broadcast, cellular,
personal communication services, specialized mobile radio, enhanced
specialized mobile radio, paging, and similar services that exist
or that may be developed in the future.
[Amended 9-22-2020 by Ord. No. 2020-16]
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cabling, and coaxial
and fiber optic cable, but excluding wireless communications support
structures.
[Amended 9-22-2020 by Ord. No. 2020-16]
The antennas, nodes, DASs, control boxes, towers, poles,
conduits, ducts, pedestals, electronics, base station, small wireless
facility, tower, wireless communications support structure, and other
equipment used for the purposes of transmitting, receiving, distributing,
providing, or accommodating wireless communications services.
[Amended 9-22-2020 by Ord. No. 2020-16]
A structure that is designed to support, or is capable of
supporting, wireless communications facilities and equipment, including,
but not limited to, a tower, water tower, or utility pole.
[Amended 9-22-2020 by Ord. No. 2020-16]
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the front yard shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines. The minimum required front yard shall
be the same as the required setback. Corner lots shall have two front
yards, and lots with frontage on the beach or the bay shall provide
the minimum required front yard setback along the street frontage.
Regarding a lot with no street frontage, but where the access to the
lot is provided via an easement across an adjacent property, the front
yard shall be determined by the land use review board during their
review of an appeal, in accordance with N.J.S.A. 40:55D-36, from the
requirement that the lot abut a street.
An open space extending across the full width of the lot
and lying between the closest point of the principal building on the
lot and the rear lot line or access easement where such access easement
is along the rear lot line. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines.
An open space extending from the front yard to the rear yard
and between the closest point of the principal building on the lot
and each side lot line or access easement where such access easement
is along the side lot line. The width of the required side yard shall
be measured horizontally and at right angles to either a straight
line or the tangent lines of curved lot lines.
The individual(s) designated by the Borough council to administer
and enforce the zoning provisions of this title.
Any document signed by the administrative officer which:
(1) is required by ordinance or as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or a building, and (2) acknowledges
that such use, structure or a building complies with the provisions
of the Borough zoning ordinance or variance therefrom duly authorized
by the municipal agency pursuant to the Municipal Land Use Law.
