Chapter 16A adopted February 20, 2007, and as revised by
the Borough through February 27, 2017. Subsequent amendments noted
where applicable.
[Amended 12-20-2021 by Ord. No. 848-21]
The following words and phrases shall, for the purpose of this
chapter, have the meaning herein indicated:
A.
All definitions
of words, terms and phrases that are set forth in the Communications
Act of 1934, P.L. 73-416, as amended by various statutory enactments
including, but not limited to, the Telecommunications Act of 1996
P.L. 104-104, are incorporated herein and are made apart hereof.
B.
All definitions
of the words, terms and phrases that are set forth in the portion
of the Middle-Class Tax Relief and Job Creation Act of 2012, P.L.
112-96, as codified in 47 USC §455, are incorporated herein and
are made a part hereof.
C.
All definitions
of words, terms and phrases that are set forth in the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1, et. seq., are incorporated herein
and are made apart hereof.
D.
All of
the definitions of words, terms and phrases that are set forth in
the Code of Federal Regulations at 47 C.F.R. §1.6002, as amended,
are incorporated herein and are made a part hereof.
E.
Wherever
a term which is defined in N.J.S.A. 40:55-D and/or the New Jersey
State Uniform Construction Code is used in this chapter, such term
is intended to include and have the meaning set forth in the definition
of such term found in said statute in addition to the definition for
such term which may be included in this article, unless the context
clearly indicates a different meaning.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows. Words used in the
present tense include the future; the singular number includes the
plural and the plural, the singular; the word "lot" includes the word
"plot;" the word "building" includes the word "structure;" the word
"zone" includes the word "district;" the word "occupied" includes
the word "designed" and the phrase "intended to be occupied" the word
"use" includes the words "arranged," "designed," and the-phrase "intended
to be used;" and the word "shall" is mandatory and not directory;
and the word "abut" shall include the words "directly across from",
"adjacent" and "next to." The term "such as," where used herein, shall
be considered as introducing typical or illustrative, rather than
an entirely exclusive or inclusive designation of, permitted or prohibited
uses, activities, establishments or structures.
[Amended 12-20-2021 by Ord. No. 848-21; 12-6-2021 by Ord. No. 848-21]
In addition to the foregoing, the following words, terms and
phrases shall have the meanings indicated unless an alternate meaning
clearly is discernable from the context in which the word, term or
phrase is used:
Means a subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot, except that any structure with a floor area in excess of 600 square feet or a building containing living space shall be subject to the setback requirements for principal buildings (see § 16A-5.8).
Means the Borough Clerk or such other official as the Governing
Body may designate.
As applied to a building or structure, means a change or
rearrangement in the structural supports; or a change in the exterior
appearance; or a change in height, width or depth; or moving a building
or structure from one location or position to another; or changing,
adding to or removing from or otherwise affecting the exterior appearance
of a building or structure.
Means the same as "Dwelling Unit."
Means a developer submitting an application for development.
Means the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site-plan,
planned development conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A.
40:55D-36.
Means finished and used for the principal use shall be considered
a full story. Unfinished and not used for the principal use shall
be considered a half story.
Means the same as "Motor Vehicle Repair Garage."
Means the same as "Motor Vehicle Service Station."
Means a story fully or partly underground. A finished basement
or an unfinished basement of seven feet or more, measured from floor-to-ceiling,
shall be considered a full story.
[Amended 10-6-2014 by Ord. No. 760-14]
Means a boat house in which no business, commercial service
or industry is carried on and not used for a dwelling purpose.
Means the Borough of Little Silver.
Means that central portion of any lot between required yards
and/or setback lines.
Means any structure used or intended for supporting or sheltering
any use of occupancy.
Means the total of areas of outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces or steps having
vertical faces, which at all points are less than three feet above
the level of the ground.
Means the vertical distance measured from the average elevation
of the existing grade at all corners of the building, to the highest
point of the roof. Noncommercial, residential, roof top radio or television
antennas with an overall height of less than 10 feet and an attached
surface to the principal structure of less than two square feet are
excluded from this calculation. For buildings located in the Coastal
Flood Hazard Area as shown on the Advisory Flood Hazard Map, dated
December 12, 2012, the building height will be measured as the vertical
distance measured above the required finished floor elevation to the
highest point of the roof.
Means the line beyond which a building shall not extend unless
otherwise provided in this chapter.
Means a permit issued for the alteration or erection of a
building or structure in accordance with the provisions of the State
Uniform Construction Code.
Means a structure in which is conducted the principal use
of the site on which it is situated. In a district, any dwelling shall
be deemed to be a principal building on the lot on which it is located.
Means a covering or roof to allow the parking of automobiles
underneath. With the exception of supports, the carport shall have
no sides unless such sides are the exterior wall of an adjacent building.
Means an enclosed area which is partly or fully underground
and with a floor-to-ceiling height of less than seven feet.
[Amended 10-6-2014 by Ord. No. 760-14]
Means a certificate issued by the Administrative Officer
after all required submissions have been made in proper form, certifying
that an application for development is complete.
Means a certificate issued upon completion of construction
and/or alteration of any building, or change in occupancy of any non-residential
building. Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Planning
Board and/or all other applicable requirements.
Means a building or group of buildings, including customary
accessory buildings designed or intended for public worship. For the
purpose of this chapter, the word "Church" shall include chapels,
congregations, cathedrals, temples, and other similar designations,
as well as parish houses, convents and such accessory uses.
Means 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.
Means 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.
[Amended 12-6-2021 by Ord. No. 848-21]
Means 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.
Means an application for development which complies in all
respects to the appropriate submission requirements set forth in this
chapter.
Means a use permitted in a particular zoning district only
upon a showing that such use in a specified location will comply with
the conditions and standards for the location or operation of such
use as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
Means a composite of the master plan for the physical development
of Monmouth County with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board pursuant
to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
Means the Planning Board of the County of Monmouth.
Means the same as "Lot Coverage."
Means the officially established grade of the curb in front
of the midpoint of the front lot line.
Means calendar days.
Means a patio-like structure located more than one foot above
the finished grade.
Means dwelling units per gross acre. (See "Residential Density
Gross.")
Means an embankment and associated space for impoundment
of water or, alternatively, the space for impoundment partially or
entirely created by excavation rather than embankment, in either case
designed to temporarily retain stormwater runoff.
Means the legal or beneficial owner or owners of a lot or
of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any excavation or landfill, and any use or change in the use of any
building or other structure, or land or extension of use of land,
for which permission may be required pursuant to this chapter.
Means a document signed by the administrative officer (1)
which is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building; and (2) which
acknowledges that such use, structure or building complies with the
provisions of this chapter or variance therefrom duly authorized by
a municipal agency. Repairs which do not exceed $2,500 in cost or
which involve a correction or replacement that is of similar size,
shape and appearance, as well as fences and signs shall not require
a development permit.
Means this chapter, official map, ordinance or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
Means any part of the territory of the Borough, which is
designated on the accompanying zoning map and to which certain uniform
regulations and requirements of this chapter apply.
Means the Division of State and Regional Planning in the
New Jersey Department of Community Affairs.
Means the lands required for the installation of storm water
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage.
Means any building or portion thereof designed or used exclusively
for one or more dwelling units.
Means a one-family dwelling in a row of at least three such
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 common fire resistant walls.
Means a one family dwelling in a row of at least four such
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 the other unit by one or more common fire resistant walls.
Means a building or part thereof having cooking, sleeping
and sanitary facilities designed for, occupied by one family, and
which is entirely separated fro any other dwelling unit in the building
by vertical wall or horizontal floors, unpierced, except for access
to the outside or common cellar. Pool houses and other similar accessory
structures shall not be deemed a dwelling unit if same contains no
provisions for heating.
Means a multi-family dwelling in which units may be separated
from one another by horizontal floors as well as vertical walls.
Means a building, or any portion thereof, containing four
or more dwelling units. to the outside or common cellar. This definition
shall also apply to the term "multi-family."
[Amended 9-10-2018 by Ord. No. 814-18]
Means a one-family dwelling on a separate lot with open space
and set backs on three sides and with a court.
Means four attached dwellings in one structure in which each
has two open space exposures and shares one or two walls with an adjoining
unit or units.
Means a one-family dwelling attached to one other dwelling
by a common vertical wall.
Means a building designed for or containing one dwelling
unit.
Means the right of the Borough, County, State, sewerage authority
or other public or quasi-public agency, their agents, servants and
employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
Means the Little Silver Environmental Commission, a municipal
advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
Means the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
Means underground gas, electrical, telephone, telegraph,
steam or water transmission or distribution systems, including mains,
drains, sewers, pipes, conduits, cables; and including normal above
ground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals, hydrants, and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by public utilities or municipal
or other governmental agencies or for the public health or safety
or general welfare.
Means that site plan and/or subdivision approval shall not
be required for the following:
Construction, additions or alterations related to single family
detached dwellings on individual lots.
Interior alterations which do not increase the required number
of off-street parking spaces.
Any change of use of land or structure to a use for which the
standards of this chapter are the same or less restrictive or stringent.
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site "provided
that the underground installation of fuel oil tanks or tanks for the
storage of flammable or combustible liquids or materials shall have
been approved by the Little Silver Bureau of Fire Prevention".
Conveyances of property so as to combine existing lots are not
to be considered subdivisions in accordance with the definitions of
Subdivision contained in this Article.
Means one or more persons living together as a single entity
or nonprofit housekeeping unit, as distinguished from individuals
or groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
shall the common housekeeping facilities and services.
Means a public eating place where food and drink prepared
for immediate consumption is purchased at a counter or a drive up
window by the customer and either eaten in the purchaser's automobile
or eaten on or off the premises. Those restaurants where food is consumed
primarily at tables on the premises and served by waiters and waitresses
or service is cafeteria style shall not be deemed "Fast Food Restaurants".
"Fast Food Restaurants" shall also not include those retail stores
where food is primarily sold for preparation and consumption elsewhere,
although as a secondary use of the premises, prepared food may also
be sold over the counter for immediate consumption, such as a delicatessen.
Means an artificially constructed barrier of wood, masonry,
stone, wire, and metal or any other manufactured material or combination
of materials.
Means a fence in which 2/3 of the area, between grade level
and the top cross members (wire, wood or other material), is open.
Means 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 of fulfilled
and the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
Means the final map of all or a portion of the site plan
or subdivision which is presented to the Planning Board for final
approval in accordance with the provisions of this chapter.
Means that portion of the flood hazard area outside the flood
way.
Means 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).
Means the flood hazard areas of delineated streams and areas
inundated by the 100-year flood in non-delineated areas.
Means 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.
Means the sum of the area of all floors of buildings or structure
compared to the total area of the site.
Means the sum of the gross horizontal areas of the floor
or several floors of a building measured from the outside faces of
the exterior walls, or from the centerline of the walls common to
two dwelling units or uses. For nonresidential uses, gross floor area
shall include basements, cellars, attics and storage areas.
Means the sum of the gross horizontal areas of the floor
or several floors of a dwelling measured between the inside face of
exterior walls or from the centerline of walls separating two dwelling
units, having a clear ceiling height of seven feet, four inches or
greater, but not including any unfinished cellar or basement, or any
garage space, breezeway, interior patios, enclosed parches or accessory
building space.
Means any sign supported by uprights or braces placed upon
the ground and not attached to any building.
Means 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 ac and implementing the regulations
of the N.J. Department of Environmental Protection.
Means a detached accessory building or portion of a main
building for the parking or temporary storage of automobiles of the
occupants of the main building to which the garage is accessory.
Means a garage used as an accessory to the main building,
which provides for the storage of motor vehicles and in which no occupation,
business, or service for profit is carried on.
Means a garage conducted as a business. The rental of storage
space for more than two motor vehicles not owned on the premises shall
be deemed a public garage.
Means the same as "Motor Vehicle Service Station."
Means the Borough Council of the Borough of Little Silver.
Means the completed surface of lawns, walks and roads brought
to grade as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved.
Means the same as "Floor Area."
Means the percentage of the overall tract occupied by buildings.
Means any building, structure, area or property that is significant
in the history, architecture, archeology or culture of the Borough
of Little Silver, of Monmouth County, the State of New Jersey or the
nation and has been so designated pursuant to N.J.S.A. 40:55D.
Shall means offices, located within the residence of the
proprietor, which do not generally require client visits to the site
and require no more than one employee. Examples of such shall include,
but not limited to engineers, architects, accountants, and attorneys.
Medical and dental offices shall not be included in home offices.
Means a nonprofit corporation operating under a recorded
land agreement through which:
Each lot owner, condominium owner, stockholder under a cooperative
development or other owner or property or interest in the project
shall be a member;
Each occupied dwelling unit is subject to charge for a proportionate
share of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the association by
the Borough; and
Each owner and tenant has a right to use any common property.
Means the ratio of any surface impenetrable by water including
but not limited to all paved or developed areas, the area covered
by the roof of a structure, walkways, driveways, whether paved or
gravel, patios, decks, tennis courts, swimming pools and any other
improved portion of the property, to the total lot area. Any portion
of a lot which is beyond the mean high water line, under a stream,
river or inlet as well as streets, thoroughfares and public rights-of-way
are excluded from the total lot area for the purpose of this calculation.
Means a street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been accepted and maintained by the Borough of Little Silver,
Monmouth County or the State of New Jersey.
Means a detention facility designed to infiltrate retained
water to the subsurface and which is not an injection well.
Means (a) in a criminal or quasi-criminal proceeding, any
citizen of the State of New Jersey; and (b) in the case of a civil
proceeding in any court or in an administrative proceeding before
a municipal agency, any person, whether residing within or without
the municipality, whose right to use, acquire, or enjoy property is
or may be affected by any action taken under this chapter and/or pursuant
to the provisions of N.J.S.A. 40:55D or whose rights to use, acquire,
or enjoy property under the provisions of N-J.S.A. 40:55D, or under
any other law of this State or of the United States have been denied,
violated or infringed by an action or a failure to act under this
chapter.
Means a lot bounded by a street on one side only.
Means a street or road that is developed wholly, within,
a parcel under one ownership and meeting all Borough standards.
Includes improvements and fixtures on, above or below-the-surface.
Means a plan designed and prepared by a competent landscape
expert. This plan will accompany and embody and be a part of the site
plan or subdivision plan as required for presentation to the planning
board. The landscape plan shall be submitted in quadruplicate. It
shall clearly show locations and the land use of the area and specify
by tabulation and by key the size, quantity variety and species (common
and botanical names) of plant materials. Plan scale for details will
not be less than 20 feet to one inch. Plans for tree location on large
sites (20 acres or more) shall not be less than 100 feet to one inch,
with plans showing particular details of other planting not less than
20 feet to one inch. Plans showing construction and/or grading will
be large enough to clearly show the intent and detail of the design.
The landscape plan also shall show location of existing trees 10 inches
caliper or more, wooded areas, groups or groves of trees. Large trees,
10 inches caliper or more, to be removed, shall be indicated. Changes
in grade are to be clearly designated and coordinated with the site
plan. A property maintenance schedule for both turf and shrubbery
shall be part of or accompany the landscape plan.
Means the fabrication, assembly or processing of goods or
materials, or the storage of bulk goods and materials where such activities
or materials create no hazard from fire or explosion, or produce no
toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
Means an off-street space for the temporary parking of a
commercial vehicle while loading or unloading. Such -space must have
clear means of ingress and egress to a public street at all times.
Means 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.
Means the acreage and/or square footage of a lot contained
within the lot lines of the property. Any portion of a lot included
in a street right-of-way shall not be included in calculating lot
area. Portions of lots encumbered by easements shall be included in
calculating lot area except for easements to the public for right-of-way.
The minimum lot area for residential zones shall be provided in a
contiguous area located outside of floodways, wetlands, wetland buffer
areas, stormwater detention basins, easements, related watercourses
and natural or proposed slopes 15% or greater.
Means the area of a lot covered by buildings and structures
and expressed as a percentage of the total lot area. The minimum lot
area for residential zones shall be provided in a contiguous area
located outside of floodways, wetlands, wetland buffer areas, stormwater
detention basins, easements, related watercourses and natural or proposed
slopes 15% or greater.
Means the mean horizontal distance between the front lot
line and the rear lot line as measured from the midpoint of the front
and rear lot lines. The minimum lot depth for residential zones shall
be provided in a contiguous area located outside of floodways, wetlands,
wetland buffer areas, easements, stormwater detention basins, related
watercourses and slopes 15% or greater.
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. The minimum lot frontage
for residential zones shall be provided in a contiguous area located
outside of floodways, wetlands, wetland buffer areas, easements, stormwater
detention basins, related watercourses and slopes of 15% or greater.
Means any line designating the extent or boundary of a lot
which shall further be defined as follows:
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
Means the shortest, straight, horizontal distance between
side lot lines. The minimum lot width shall be met at the minimum
front yard setback and shall be maintained throughout the depth of
the lot at least as far as necessary to meet the minimum lot area.
Except as set forth in the definition of "lot frontage", the lot's
dimension at the street line shall be the same as the lot width. The
minimum lot width for residential zones shall be provided in a contiguous
area located outside of floodways, wetlands, wetland buffer areas,
stormwater detention basins, related watercourses, easements, and
slopes 15% or greater, mean horizontal distance between side lot lines.
Means any security which may be accepted by the municipality
for the maintenance of any improvements required-by development regulations,
except that cash may not be required.
Means any subdivision not classified as a minor subdivision.
Means 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.
Means the Mayor of the Borough of Little Silver.
Means any subdivision resulting in not more than two lots
plus the remainder of the original lot, all lots fronting on an existing
improved street and not involving any new street or road provided
that the Planning Board unanimously finds that the following conditions
have been met:
That curbs or sidewalks or both have been installed or that
the developer agrees to install and post performance guarantees for
curbs and sidewalks, or that curbs, sidewalks or both are not required
on-either or both sides of the street or elsewhere due to specific
conditions in that area.
That the subdivision does not require the extension of municipal
facilities at the expense of the municipality.
That the subdivision and construction resulting there from will
not adversely affect drainage patterns of the basin in which the lots
are situated.
That the subdivision will not adversely affect the development
of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with any provision or
portion of the Master Plan, Official Map or this chapter.
That in the event a drainage fund has been established by the
Borough of Monmouth County an assessment has been charged to the lots
and has been paid.
That no portion of the lands involved have constituted a part
of a minor subdivision within two years preceding the application,
and no more than three minor subdivisions shall be permitted for a
period of 15 years preceding the application.
|
The Planning Board may also classify consolidations of lots
and resubdivisions to readjust lot lines as "Minor Subdivisions" regardless
of the number of lots involved.
|
Means a building or portion of a building in which auto body
work or the overhauling or replacement of engines is conducted as
a business for profit.
Means any area of land, including structures thereon, which
is used for the retail sale of gasoline or any other motor vehicle
fuel and oil and other lubricating substances, including any sale
of motor vehicle accessories and which may include facilities for
lubricating, washing or servicing of motor vehicles, except that auto,
body work of any nature and retail sales unrelated to motor vehicle
uses shall be prohibited.
Means the Planning Board or governing body of the Borough
when acting pursuant to N.J.S.A. 40:55D and this chapter.
Means the Borough of Little Silver.
Means pollution from any source other than from any discernible,
confined and discreet conveyances, and shall include, but not be limited
to, pollutants from agriculture, silviculture, mining, construction,
subsurface disposal an Durban runoff sources.
Means a building existing at the date of the passage of this
chapter, which in the design or location upon a lot, does not conform
to the regulations of this chapter for the district in which it is
located.
Means a lot existing at the date of the passage of this chapter,
which does not meet the minimum dimensions or area requirements for
the zone in which it is located.
Means a use which occupied a building or land at the time
of enactment, of this chapter and which does not conform with the
regulations of the district in which it is located according to this
chapter.
Means the specific purpose for which land or a building is
used, designed or maintained.
Means the same as "Certificate of Occupancy."
Means 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 contiguous portion of a street
or right-of-way.
Means improvements made outside the lot in question or outside
the original tract, respectively, to accommodate conditions generated
by a proposed development, including but not limited to new improvements
and extensions and modifications of existing improvements.
Means 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.
Means the map, with changes and additions thereto, adopted
and established, from time to time, by resolution of the Board of
Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
Means a map adopted by Chapter by the Borough Council pursuant
to N.J.S.A. 40:55D-32 et seq.
Means located on the lot in question.
Means located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Means any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use of 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.
Means an unoccupied, grassed, wooded or landscaped area open
to the sky on the same lot with a principal and/or accessory building.
Improved sidewalks, paved paths or other pedestrian ways within an
Unoccupied Open Space area, which exceed four feet in width, shall
be deducted in determining the Unoccupied Open Space area. Parking
area or traffic channelization islands which are not landscaped or
which have an area less than 350 square feet shall not be considered
as Unoccupied Open Space.
Means an open area, other than street, intended for the same
use as a private garage.
Means a paved open area, other than a street or other public
way, used for the parking of automobiles and available to the public,
whether for a fee, or as an accommodation of clients or customers.
Means an off-street space provided for the parking of a motor
vehicle with a minimum area of 200 square feet, exclusive of driveways
or access drives.
Means 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.
Means a level landscaped and/or surface area directly adjacent
to a principal building, within one foot of the finished grade, and
not covered by a roof.
Means any security which may be accepted by the Borough in
lieu of a requirement that certain improvements be made before the
municipal agency approves an application for development.
Means an area with a specified minimum contiguous acreage
of 40 acres of more to be developed as a single entity according to
a plan containing one or more residential clusters, which may include
appropriate recreational uses and open space for the benefit of the
residential development.
Means the Borough of Little Silver Planning Board established
pursuant to N.J.S.A. 40:55A-76. The term Planning Board as used in
this chapter also means the Board of Adjustment when it is acting
pursuant to N.J.S.A. 40:55D-76.
Means the licensed New Jersey Professional Engineer specifically
retained by the Planning Board or assigned by the Borough Engineer
(with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Borough Engineer may assume the duties
of the office.
Means a map or maps of a subdivision or site plan.
Means the plat of all or a portion of the development submitted for final approval in accordance with Article VI of this chapter.
Means the plat submitted for purposes of classification and
discussion.
Means the plat submitted as a part of the application for preliminary approval in accordance with Article VI of this chapter.
Means an unenclosed platform, with or without a roof, attached
to the outside of a building.
Means the conferral of certain rights pursuant to N.J.S.A.
40:55D-46, 48 and 49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
Means architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scopes, scale, relationship to its site and immediate environs
and exterior colors and finished.
Means a lot or tract of land or any combination thereof held
under a single ownership or control.
Means The primary or principal purpose for which a building,
structure or lot is used.
Means the office of a member of a recognized profession,
which shall include the office of doctors or physicians, psychologists,
dentists, insurance agents, optometrists, ministers, architects, landscape
architects, professional engineers, land surveyors, artists, authors,
attorneys, accountants, and real estate brokers and teachers.
Means that use which is not specifically allowed or permitted;
in a particular zone and for which the granting of a variance, under
N.J.S.A. 40:55D-70D would be necessary, in order to provide that use
in that particular zone.
Means any sign which is affixed to any building wall or structure
and extends more than one foot beyond the building wall.
Means a master plan, capital improvement program or other
proposal for land development adopted by the appropriate public body,
or any amendment thereto.
Means the land reserved or dedicated for the installation
of storm water, sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the channel and providing for
the flow of sedimentation and erosion.
Means an open space area conveyed or otherwise dedicated
to the Borough or municipal agency, board of education. State or county
agency, or other public body for recreational or conservational uses.
Means the surface of, and the space above, any public street,
road, lane, path, public way or place, sidewalk, alley, boulevard,
parkway, drive, and the like, held by the Borough or County as an
easement or in fee simple ownership, or any other area that is determined
by the Borough or County to be a right-of-way in which the Borough
may allow the installation of telecommunications facilities.
[Amended 12-6-2021 by Ord. No. 848-21]
Means the majority of the full authorized membership of a
municipal agency.
Means the replenishment of underground water reserves.
Means the number of dwelling units, which may be or are developed
per acre of land, including areas used for public access and/or open
space.
Means the number of dwelling units, which may be or are developed
per acre of land exclusive of areas used for public access and/or
open space.
Means (1) the further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law or (2) the alteration of any streets
or the establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances so as to combine existing lots by deed or by other instrument.
Means a structure more than 18 inches high erected between
lands of different elevation to protect structures and/or to prevent
the washing down or erosion or earth from the upper slope level.
Means 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.
Means any concentration or grouping of trees or shrubbery
as may be required by this chapter.
Means the same as "Accessory Use."
Means the deposition of soil that has been transported from
its site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
Means that portion of any required yard area which is set
aside for the sole purpose of access from the road adjoining the premises
to the loading or unloading area on the premises, to service the building
erected or the use conducted thereon.
Means the horizontal distance between a building or structure
and any front, side or rear lot line, measured perpendicular to such
lot lines at the point where the building is closest to such lot lines.
Means a line drawn parallel to a street line or lot line
and drawn to the point of the building nearest to the street line
or lot line, beyond which a building does not project. The minimum
yard requirements shall be the minimum required setbacks. All setbacks
from public streets shall be measured from the proposed right-of-way
width as shown on the adopted Master Plan. Where the right-of-way
may be coterminous with the curbline or edge of pavement, or where
there may be less than 10 feet of additional right-of-way outside
the curbline or edge of pavement, the minimum setback measured from
the curbline or edge of pavement shall be 10 feet more than the minimum
setback shown in the applicable zoning schedule.
Means the Shade Tree Commission of the Borough of Little
Silver.
Means a triangular area cleared of natural or man-made material
capable of obstructing a driver's vision. The sight triangle is located
outside the street right-of-way at the intersection of either two
intersecting streets, or a street and a driveway.
Means a structure, building wall or other outdoor surface,
or any device used for visual communications in order to bring the
subject thereof to the attention of the public, and/or to display,
identify and/or publicize the name, location and/or products or service
of any person. See also Free Standing Sign.
Means the area defined by the outside edge of the frame surrounding
the sign or by the edge of the sign if no frame exists. Where no frame
or edge exists, the area shall be defined by a projected enclosed
four-sided (straight lines) geometric shape which most closely outlines
the sign.
Means a facility through which stormwater is directed and
which is designed to collect silt and eroded soil from a designated
area.
Means the clustered detached dwelling units each occupied
by a single household grouped around a central court, cul-de-sac or
roadway such that all units obtain their driveway access only from
the motor court.
Means a development plan of one or more lots on which is
shown (1) the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways (2) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices, and (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to the provisions of this chapter requiring review and approval
of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D.
Means:
Wireless facilities and transmission media, including femtocells,
picocells and microcells;
Outside Distributed Antenna Systems ("ODAS");
A personal wireless service facility as defined by the Federal
Telecommunications Act of 1996, as amended, that is attached, mounted
or installed on an existing pole or wireless pole in the public rights-of-way
and used to provide Telecommunications (defined herein) services.
A wireless service facility that meets both of the following
qualifications:
Each antenna is located inside an enclosure of no more than
three cubic feet in volume or, in the case of an antenna that has
exposed elements, the antenna and all of its exposed elements could
fit within an imaginary enclosure of no more than three cubic feet;
and
Primary equipment enclosures are not larger than 17 cubic feet
in volume. The following associated equipment may be located outside
of the primary equipment enclosure and, if so located, is not included
in the calculation of equipment volume: electric meter, concealment,
telecommunications demarcation box, ground-based enclosures, backup-up
power systems, grounding equipment, power transfer switch, and cut-off
switch.
[Amended 12-6-2021 by Ord. No. 848-21]
Means water flow resulting from precipitation.
Means that portion of a building included between the surface
of the floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. No "story" shall be deemed to be a first story if its
floor level is more than six feet above the level from which the height
of the building is measured. A mezzanine floor shall be counted as
a "story" if it covers over 1/3 of the area of the floor next below
it. For the purpose of this chapter, a bi-level or split-level dwelling
shall be considered a one story structure.
Means that portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half-story.
Means any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, county or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action, or a street
or way on a plat filed and recorded in the office of the county recording
officer prior to the formation 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, sidewalks, parking areas and other areas
within the street lines.
Means that line determining the limit of the highway rights
of the public, either existing or contemplated.
Means the same as "Alterations."
Means 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.
Means any person or entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
Means the division of a lot, tract or parcel of land into
two or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or subdivision
committee thereof appointed by the chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary of intestate provisions;
Divisions of property upon court order; and
Conveyances so as to combine existing lots by deed or other
instrument. The term "Subdivision" shall also include the term "resubdivision."
Means a swimming pool that is operated for profit and open
to the public or to a limited number of members and their guests,
upon payment of an hourly, daily, weekly, monthly, annual or other
fee or operated as a service rendered by a hotel, motel or apartment
development whose units are rented to transient or permanent residents.
Means a swimming pool located on a single-family lot with
a residence on it and used as an accessory to the residence, and said
pool is utilized with no admission charges and not for the purpose
of profit.
Means the transmission by wire, radio, optical, or any electromagnetic
system, between or among points specified by the user, of information
of the user's choosing, without change in the form or content
of the information as sent and received.
[Amended 12-6-2021 by Ord. No. 848-21]
Means any provider of Telecommunications Services.
[Amended 12-6-2021 by Ord. No. 848-21]
Means any structure or device used for the purpose of providing,
supporting, enabling, or otherwise facilitating telecommunications,
including, but not limited to Small Cell Equipment, Wireless Poles,
as defined herein.
[Amended 12-6-2021 by Ord. No. 848-21]
Means the offering of Telecommunications to the public, regardless
of the Telecommunications Facilities used.
[Amended 12-6-2021 by Ord. No. 848-21]
Means 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.
Means one dwelling unit in a line of three or more dwelling
units attached along a common wall that is at least two stories in
height, with each dwelling unit extending from the ground to the roof
and having individual outside access and no interior rooms or hallways
shared with other dwelling units.
Means an area of land comprised of one or more lots having
sufficient dimensions and area to meet the requirements of this chapter
for the use(s) intended. The land area of any existing streets, or
easements for streets, or existing rights-of-way or easements for
utilities shall not be included in calculating the area of the "tract".
Means the specific purposes for which a parcel of land or
a building or a portion of a building is designed, arranged, intended,
occupied or maintained. The term "permitted use" or its equivalent
shall not be deemed to include any nonconforming use.
Means permission to depart from the literal requirements
of zoning regulations pursuant to N.J.S.A. 40:55D-70c and d and N.J.S.A.
40:55D-60, and Subsections 29.2b, 57c and 57c of Chapter 291.
Means any sign which is affixed to or painted on an exterior
wall of any building, not projecting more than one foot beyond the
building wall.
Means a detention basin designed to retain some water on
a permanent basis.
See "Freshwater Wetlands" and "Tidal Wetlands".
Means a column or post lawfully located in the Borough or
County right-of-way used solely to support small cell equipment and/or
provide personal wireless services as defined by federal law.
[Amended 12-6-2021 by Ord. No. 848-21]
Means An open space extending outward from the closest point
of any building or structure to a lot line, street line, or the edge
of any environmental area as noted below. All yard dimensions shall
be measured horizontally, in a straight line and at right angles to
either a straight street line, lot line, or the facade of a building
or structure, or perpendicular to the point of tangent of curved lines
and facades. The minimum yard requirements shall be provided in contiguous
areas located outside of floodways, wetlands, wetland buffer area,
easements, stormwater detention basins, related watercourses and slopes
exceeding 15%.
Means that the area extending across the full width of a
lot located between the street line and the building or structure
located on said lot. The front yard represents the actual distance
between said street line, building or structure and may exceed the
minimum front yard required by Ordinance. On corner lots, any yard
abutting a street is defined as a front yard. For reverse frontage
lots, see definition "Yard, Rear".
Means the area measured outward from the building or structure
and shall be provided in a contiguous area located between the building
or structure and the edge of any floodways, wetlands, wetland buffer
areas, easements, drainage swales serving more than two abutting lots,
stormwater detention basins, related watercourses and slopes exceeding
15%.
Means The open space extending across the full width of the
lot located between the rear lot line and the building or structure.
The "rear" of a building shall be opposite the designated front" of
the building. In addition, the minimum rear yard shall be measured
outward from the building or structure and shall be provided in a
contiguous area located between the building or structure and the
edge of any floodways wetlands, wetland buffer areas, easements, drainage
swales serving more than two abutting lots, stormwater detention basins,
related watercourses and slopes exceeding 15%. On reverse frontage
lots the rear yard shall be the open space between the rear of the
building or structure and the street to which there is no access,
except the minimum setbacks from the street shall conform to the front
yard setbacks as required in the definition of "Yard, Front".
Means an open space extending from the front yard to the
rear yard and lying between each side lot line and the closest point
of the building or structure. The minimum side yard shall be measured
outward from the building or structure and shall be provided in a
contiguous area located between the building or structure and the
edge of any floodways, wetlands, wetland buffer areas, easements,
drainage swales serving more than two abutting lots, stormwater detention
basins, related watercourses, and slopes exceeding 15%.
