Wherever a term is defined in N.J.S.A. 40:55D-1
et seq., the Municipal Land Use Law, and/or N.J.S.A. 52:27D-119 et
seq., the state Uniform Construction Code Act, and 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 and code in addition
to the definition for such term which may be included in this article,
unless the context clearly indicates a different meaning.
A.
For the purposes 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," and 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 "shall" is mandatory and not discretionary; the word "may"
indicates a permissive action; the word "abut" shall include the words
"directly across from," "adjacent" and "next to"; and the word "used"
shall include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be used"; 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 6-8-1992 by Ord. No. 644]
B.
Words or word groups which are not defined below shall
have the meanings set forth in the Municipal Land Use Law or as given
in Webster's unabridged dictionary.
Certain words, phrases and terms in this chapter
are defined for the purpose herein as follows:
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot.
[Amended 6-8-1992 by Ord. No. 644]
[Amended 11-14-1988 by Ord. No. 585; 8-18-2003 by Ord. No.
811; 12-7-2020 by Ord. No. 2020-1077]
The Borough Clerk for all matters before the Borough Council.
The Clerk of the Land Use Board for all matters pertaining to
applications, minutes and other administrative matters involving the
Land Use Board.
The Tax Assessor in matters involving § 94-3.3D(13) pertaining to issuance of the official list of adjacent property owners for required notices.
In matters involving review of applications for completeness
and for compliance, the "administrative officer" shall be the Clerk
of the Land Use Board, in conjunction with the Land Use Board, in
matters involving the Land Use Board.
In matters involving § 94-3.5 pertaining to records maintenance, the "administrative officer" shall be the Clerk of the Land Use Planning Board in matters involving the Land Use Board and matters involving the issuance of a zoning permit or action taken pursuant to complaints regarding the enforcement of this chapter.
An establishment having a substantial or significant portion
of its stock in trade, books, magazines, films for sale or viewing
on premises by uses of motion picture devices or any coin-operated
means, and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical area," or an establishment
with a segment or section devoted to the sale or display of such material.
[Amended 12-15-2008 by Ord. No. 925]
A secondary thoroughfare less than 30 feet in width dedicated
for the public use of vehicles and pedestrians affording access to
abutting property.
Soils consisting of material deposited in land by streams
and other water bodies. These soils are hydrologically connected with
the adjacent water body. "Alluvial soils" found in the Borough of
Shrewsbury are the Freneau and Manalapan soil series as mapped by
the United States Department of Agriculture, Soil Conservation Service.
As applied to a building or structure, 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.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Added 6-4-2001 by Ord. No. 780]
Any commercial establishment engaged in the cultivation and/or
distribution of medical marijuana, including cannabis-derived oils,
tinctures, and lotions; and related paraphernalia.
[Added 10-3-2017 by Ord. No. 1041]
Any place of business containing more than three amusement
devices.
Any machine, contrivance or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice or
other opening or by the payment of any price, is operated or may be
operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, and shall include,
but not be limited to, such devices as Pac-Man or other types of electronically
operated game devices, skillball, mechanical games, operations or
transactions similar thereto, by whatever name they may be called,
and shall not include pool or billiard tables.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
[Added 4-9-1990 by Ord. No. 606; amended 6-4-2001 by Ord. No.
780]
A dwelling unit in a multifamily building access to which
may be through interior hallways shared with other dwelling units.
A developer submitting an application for development or
for a permit required in accordance with this chapter.
The application form and all accompanying documents required
by this chapter 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 40:55D-36.
The Borough Land Use Board, unless a different agency is
designated by this chapter when acting pursuant to the authority of
N.J.S.A. 40:55D-1 et seq.
[Amended 12-7-2020 by Ord. No. 2020-1077]
A designated AO or VO Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a clearly
defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and the velocity flow may be evident.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
A roadway so designated on the circulation plan of the Master
Plan.
A building or portion thereof in which sculpture, paintings
or other artistic work is displayed but not for sale.
A facility for which a certificate of need as an assisted living residence has been obtained, which provides apartment-style housing and congregate dining for four or more adult persons unrelated to the proprietor and further provides such assisted living services as are required and/or permitted by the regulations of the New Jersey Department of Health. Services provided by an ALR shall promote and encourage: each resident's choice, dignity, independence, individuality and privacy in an environment where sense of family and community pervade and in which each resident's preferred lifestyle, habits and use of personal belongings is supported and encouraged; and independence in the mobility, transferring, walking, grooming, bathing, dressing and undressing, eating and toileting of each resident. An ALR shall provide separate apartments or units for residents in accordance with § 94-10.6A(5).
[Added 8-3-1998 by Ord. No. 751]
Any premises on which are held, at periodic times, auction
sales of merchandise or personal property.
[Added 10-5-2020 by Ord.
No. 1076]
The general engine rebuilding or reconditioning of motor
vehicles or collision service, such as body repair, frame or fender
straightening and repair or overall painting of motor vehicles.
The same as "motor vehicle repair garage."
A place of business where the primary purpose is the sale
of new motor vehicles, having a building with either showrooms, office
space, repair and/or maintenance facilities with or without outside
sales on the same business premises or immediately adjacent thereto.
The same as "motor vehicle service station."
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long-distance
providers or the public switched telephone network.
[Added 6-4-2001 by Ord. No. 780]
The flood having a 1% chance of being equaled or exceeded
in any given year.
The elevation, based on mean sea level, of a flood that has
a 1% or greater chance of occurrence in any given year as established
by the Federal Insurance Administration of the Department of Housing
and Urban Development and as shown on the Flood Insurance Rate Maps
of the Federal Insurance Administration.
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade.
A room or portion of a structure with the principal function
of serving as sleeping quarters.
A structure utilized for advertising an establishment, activity,
product, service or entertainment, which is sold, produced, manufactured,
available or furnished at a place other than on the property on which
said sign is located.
The length of a street between two street intersections.
Any dwelling for hire in which more than two persons are
housed or lodged, with or without meals. This definition notwithstanding,
a certificate of occupancy issued by the Construction Official is
required for any dwelling for hire.
The practice of adorning the body with tattoos, piercings,
brandings or scarifications.
[Added 10-3-2017 by Ord. No. 1041]
The licensed New Jersey professional land surveyor appointed
by the Mayor to render surveying services and advice, including maintenance
and certification of tax maps pursuant to N.J.S.A. 45:8-36, 45:8-41,
45:8-43, and 46:23-9.9 et seq. and N.J.A.C. 13:40-5.1.
[Amended 10-5-2020 by Ord. No. 1076]
Any type of walls, whether solid or lattice and whether constructed
of concrete, masonry, wood, metal, plastic or any other suitable building
material, which are not part of the structural support of the building
and which are so designed as to break away under abnormally high tides
or wave action without damage to the structural integrity of the building
on which they are used or any buildings to which they might be carried
by floodwaters.
A strip of land which separates multifamily-, commercial-, office- or industrial-type districts or uses from adjoining residential districts or uses so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences. Within any such buffer area, no building, structure, driveway, parking or loading area or other use of the land shall be permitted unless otherwise provided in § 94-8.6 of this chapter.
That central portion of any lot between required yards and/or
setback lines.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The total of areas of outside dimensions on a horizontal
plane and 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.[1]
The vertical distance measured from the existing grade as
defined herein, or the finished grade authorized by the approving
authority, to the ridge of the roof, measured from that point of the
property around the structure that has the lowest elevation.
[Amended 10-1-2012 by Ord. No. 989]
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
A permit used for the alteration or erection of a building
or structure in accordance with the provisions of the State Uniform
Construction Code.
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a "principal building" on the lot on which it is located.
A structure separating land and water areas, primarily designed
to resist earth pressures.
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including but not limited
to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
A business establishment which does not offer a product or
merchandise for sale to the public but offers a service to the public.
However, personal services, such as barber- and beauty shops, and
repair services, such as radio and television repair shops, are not
to be included within the definition of "business office."
A cable television company as defined pursuant to N.J.S.A.
48:5A-3, the Public Utilities Law.
[Added 12-13-1993 by Ord. No. 670]
A governmental acquisition of real property or a major construction
project.
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.
A facility for the washing and cleaning of automobiles and
other motor vehicles using production-line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
A story wholly or partly underground and having more than
1/2 of its clear height below the average level of the adjoining ground.
A certificate issued by the administrative officer (Land
Use Board Clerk) after all required submissions have been made in
proper form, certifying that an application for development is complete.
[Amended 12-7-2020 by Ord. No. 2020-1077]
A document issued by the Land Use Officer for a nonconforming
use or structure existing at the time of passage of this chapter or
any amendment thereto which, pursuant to N.J.S.A. 40:55D-48, may be
continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for a nonconforming use, structure or lot.
[Amended 12-7-2020 by Ord. No. 2020-1077]
A certificate provided for in N.J.S.A. 52:27D-133, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the State Uniform
Construction Code (N.J.S.A. 52:27D-119) and any ordinance implementing
said code.
[Amended 8-18-2003 by Ord. No. 811]
Any change from an industrial use to any other
industrial use.
Any increase in the number of dwelling units
in a structure which would result in two or more total units.
Any change from any nonresidential use to any
other use for which any standard set forth in this chapter is greater
or more restrictive.
Any change from a residential use to any nonresidential
use.
Any change in use from any existing or permitted
use to any conditional use.
Any change from any existing or permitted use
to any permitted use which can be classified as being in a category
lower on the following list than the original use:
See "place of worship."
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.
The clear sight distance measured along a line perpendicular
to the midpoint of a window sill and 60° radial from that line
at the window sill in all directions vertical and horizontal forming
a cone of vision.
A facility for the diagnosis and treatment of outpatients
and/or a group practice in which several physicians work cooperatively.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
A permit issued for specific development within the coastal
area of New Jersey in accordance with N.J.S.A. 13:9A-1 et seq. and
in accordance with rules and regulations promulgated thereunder in
the New Jersey Administrative Code (N.J.A.C.) 7:7-1.1 et seq., Coastal
Permit Program Rules.
[Amended 10-5-2020 by Ord. No. 1076]
The coastal wetlands designated by the New Jersey Wetlands
Act (N.J.S.A. 13:9A-1 et seq.).
A roadway so designated on the circulation element of the
Master Plan.
The same as "parking area, public;" also see "garage, public.
[Amended 10-5-2020 by Ord. No. 1076]
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.
Any community residential facility housing licensed pursuant
to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal
guidance under such supervision as required, not to exceed 15 developmentally
disabled persons who require assistance, temporarily or permanently,
in order to live independently in the community. Such residences shall
not be considered health care facilities within the meaning of the
Health Care Facilities Planning Law (N.J.S.A. 26:2H-1 et seq.) and
shall include, but not be limited to, group homes, halfway houses,
supervised apartment living arrangements and hotels.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), 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 which complies in all respects
with the appropriate submission requirements set forth in this chapter.
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 Article IX of this chapter, and upon the issuance of an authorization thereof by the Land Use Board.
[Amended 12-7-2020 by Ord. No. 2020-1077]
An ownership arrangement, not a land use; therefore, it is
allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A condominium shall not negate lot nor
other requirements intended to provide adequate light, air and privacy.
A "condominium dwelling unit" is a dwelling unit which has all of
the following characteristics:
The unit (the interior and associated exterior
areas designated for private use in the development plan) is owned
by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space
and any community interior spaces are owned and maintained in accordance
with the provisions for open space, roads or other development features
as specified in this chapter.
A residential facility for four or more elderly (age 62 or
older) within which is provided living and sleeping facilities, meal
preparation, laundry services and room cleaning. Such facilities may
also provide other services, such as transportation for routine social
and medical appointments and counseling.
[Added 12-13-1993 by Ord. No. 670]
A retail store which provides the essential daily household
needs.
Development which complies with the full lot size and other
provisions of this chapter.
A housing corporation or association which entitles the holder
of a share or membership interest thereof to possess and occupy for
dwelling purposes a house, apartment or other structure owned or leased
by said corporation or association or to lease or purchase a dwelling
constructed or to be constructed by said corporation or association.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
(Lots which exceed 135° shall be considered interior lots.)
A composite of the Comprehensive Plan or 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 40:27-4.
The Planning Board of the County of Monmouth as defined in
N.J.S.A. 40:27-6.1.
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by the exterior walls of a
building or by exterior walls and lot lines.
The same as "lot coverage."
The officially established grade of the curb in front of
the midpoint of the front lot line. Where no curb grade has been established,
the Borough Engineer shall establish such curb level or its equivalent
for the purpose of this chapter.
A licensed, organized and supervised daytime facility used
for recreational purposes.
A state certified facility which provides care for children.
Calendar day(s).
The permitted number of dwelling units per gross area of
land to be developed and includes the number of dwelling units per
gross acre of residential land, including streets, easements and open
space portions of a development.
A twenty-four-hour storm used to develop the size of the
detention facility to accommodate the post-development stormwater
runoff from the site.
[Added 7-14-1997 by Ord. No. 735]
An embankment and associated space for impoundment of water
or, alternatively, the space for impoundment partially or entirely
created by excavation rather than by embankment, in either case designed
to temporarily retain stormwater runoff.
[Added 7-14-1997 by Ord. No. 735]
A detention basin designed to retain some water on a permanent
basis.
[Added 7-14-1997 by Ord. No. 735]
A detention basin or alternative structure designed to temporarily
retain stormwater runoff.
[Added 7-14-1997 by Ord. No. 735]
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.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or land or extension or use of
land for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq. and this chapter.
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism or other conditions
found by the Commissioner of Human Services to give rise to an extended
need for similar services in accordance with N.J.S.A. 30:11B-2.
In addition to the definition of development in the Municipal
Land Use Law, N.J.S.A. 40:55D-4, the activity must satisfy Subsection
A or B below:
This chapter, the Official Map Ordinance or other municipal
regulation of the use and development of land or an amendment thereto
adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
The quantity of stormwater which passes a point over a specific
time frame.
[Added 7-14-1997 by Ord. No. 735]
The total quantity of stormwater which is discharged.
[Added 7-14-1997 by Ord. No. 735]
The same as "zone" or "zoning district."
The Division of State and Regional Planning in the New Jersey
Department of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means and including the control of runoff
during and after construction or development to minimize erosion and
sedimentation, to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen non-point pollution and to maintain the integrity of stream
channels for their biological functions, as well as for drainage,
and the means necessary for water supply preservation or prevention
or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
to provide for drainage as defined above.
The same as "restaurant, drive-in."
A defined paved or unpaved surface providing vehicular and
pedestrian access to a street and connecting a house, building, garage,
accessory building or parking area with the street.
[Amended 11-5-2007 by Ord. No. 904]
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
A building designed for or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors unpierced except for access to the outside or
a common cellar.
A detached building designed for or containing one dwelling
unit.
A detached building designed for or containing two dwelling
units, which are entirely separated from each other by vertical walls
unpierced except for access to the outside or a common cellar.
A building or part thereof having cooking, sleeping and sanitary
facilities designed for or occupied by one family and which is entirely
separated from any other dwelling unit in the building by vertical
walls or horizontal floors unpierced except for access to the outside
or a common cellar.
Any apparatus or device, commonly known as an "earth terminal
antenna," "earth terminal," "earth station," "satellite communications
antenna," "satellite antenna," "microwave dish antenna" or "dish antenna,"
and including as part of such apparatus or device the main reflector,
subreflector, feed, amplifier and support structure which is designed
for the purpose of transmitting and/or receiving microwave, television,
radio, satellite or other electromagnetic energy signals into or from
space, but not including conventional personal television and radio
and amateur radio antennas.
[Added 4-9-1990 by Ord. No. 606]
An earth terminal intended solely for the reception of radio
and/or television signals from a satellite.
[Added 4-9-1990 by Ord. No. 606]
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.
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is in
sufficient compliance with the compulsory education requirements of
the state. Summer day camps shall not be considered as educational
uses or accessories to such uses. Duly accredited colleges and universities
shall also be considered "educational uses."
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
[Added 10-3-2017 by Ord. No. 1041]
The Shrewsbury Borough Environmental Commission, a municipal
advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
A compilation of studies, reports, documents and finding of fact prepared by an applicant as part of and for a development application. Said "EIR" shall be consistent with and shall contain all that information, data and documentation contained in § 94-8.15. An "environmental impact statement," meeting the requirements of N.J.S.A. 13:10-1 et seq., the Coastal Area Facility Review Act,[3] and specifically outlined in N.J.A.C. Section 7 of said
rules and regulations promulgated in compliance with said Act, may
be accepted in lieu of the "EIR."
The delineation of floodplain limits so that floodplain lands
on both sides of a stream are capable of conveying a proportionate
share of flood flows. This is determined by considering the effect
of encroachment on the hydraulic efficiency of the floodplain along
both sides of a stream for significant reach.
The detachment and movement of soil or rock fragments by
water, wind, ice and/or gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Council and administered by the Freehold Soil
Conservation District in conformance with N.J.S.A. 40:55D-38 et seq.
[Amended 10-5-2020 by Ord. No. 1076]
A deed, bond, money, or piece of property delivered to a
third person to be delivered by him to the grantee only upon fulfillment
of a condition.
[Added 8-18-2003 by Ord. No. 811]
Any fees deposited by a developer to pay for municipally
incurred expenses in the review of an application or inspections of
a project under development, and the accounting entries used to keep
track of expenditures.
[Added 8-18-2003 by Ord. No. 811]
Underground gas, electrical, telephone, telegraph, sanitary
sewer collection systems or water transmission or distribution systems,
including mains, drains, sewers, pipes, conduits, cables and normal
aboveground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals and 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 government agencies for the public health or safety or general
welfare. Essential services shall not be deemed to include wireless
telecommunications towers and antennas.
[Amended 12-13-1993 by Ord. No. 670; 6-4-2001 by Ord. No.
780]
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The excavation, removal, replacement, repair, construction
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include, but are not limited to, curb, sidewalk, driveway and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guardrails
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed "excavation
work." "Excavation work" shall also include the construction, addition,
installation or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter, including privately sponsored construction of cable
television, curbing, sidewalks, pavement extensions, aprons, drainage
or any other portions of the public improvements.
[Amended 12-13-1993 by Ord. No. 670]
Site plan and/or subdivision approval shall not be required
prior to issuance of a zoning permit for the following:
[Amended 8-18-2003 by Ord. No. 811]
Construction, additions or alterations related
to single-family detached dwellings or their accessory structures
on individual lots.
Interior alterations which do not increase the
required number of off-street parking spaces and which conform to
the performance standards of this chapter.
Any change in occupancy which is not a change
in use, as herein defined.
Individual applications for accessory mechanical
equipment, accessory storage structures and accessory uses not exceeding
500 square feet in area, whose operation and location conforms to
the design and performance standards of this chapter and whose installation
is on a site already occupied by an active principal use for which
site plan approval is not otherwise required.
Sign(s) in which installation is on a site already
occupied by a principal use for which site plan approval is not otherwise
required, provided that such sign(s) conform to the applicable design
and zoning district regulations of this chapter.
Construction of a parking lot or an addition
to an existing parking lot, provided that the new lot or the proposed
addition contains three spaces or less whose location and design conforms
to the standards and zoning district regulations of this chapter.
The division of property and conveyances so
as to combine existing lots, which are not considered to be subdivisions
in accordance with the definition of "subdivision" contained within
this article.
Farm and accessory farm buildings and structures,
provided that such buildings and structures are located on, operated
in conjunction with and necessary to the operation of a "farm" as
defined by this article.
Demolition or removal of any building or structure
other than those designated on the Master Plan as historic or those
located within the Shrewsbury Historic District.
[Added 4-9-1990 by Ord. No. 607]
The Federal Aviation Administration.
[Added 6-4-2001 by Ord. No. 780]
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
share the common housekeeping facilities and services.
Child-care services within a private residence approved by
the New Jersey Department of Human Services.
[Added 12-13-1993 by Ord. No. 670]
Any parcel of land, three acres or larger in size, which
is used for gain in the raising of agricultural products, livestock
or dairy products.
A retail food service operation in which a limited or specialized
list of quickly prepared or preprepared food items utilizing mechanized,
standardized preparation and packaging techniques is offered for on
and outside the premises consumption, or any retail food service operation
offering drive-in or outside ordering and service, including but not
limited to any refreshment stand, snack bar, carry-out bar, any hamburger
or hot dog stand where food is served into automobiles parked on the
premises by employees or where customers order inside a building and
take out food for consumption in cars or off the premises, regardless
of whether or not additional seats or counter service is provided
within a building; provided, however, that if outside service by employees
represents more than 50% of the volume of business transactions of
the operation, the use shall not be considered a "fast-food service
establishment" and is specifically prohibited.
The Federal Communications Commission.
[Added 6-4-2001 by Ord. No. 780]
A structure constructed of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials serving
as an enclosure, barrier or boundary.
A fence in which 2/3 of the area, between grade level and
the top cross member (wire, wood or other material), is open.
A retail establishment supplying and selling gasoline or
other fuel or oil directly for motor vehicles.
The official action of the Land Use Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed, guaranties have been
properly posted for their completion or approval has been conditioned
upon the posting of such guaranties.
[Amended 12-7-2020 by Ord. No. 2020-1077]
The final map of all or a portion of the site plan or subdivision,
which is presented to the Land Use Board for final approval in accordance
with the provisions of this chapter and which is approved and shall
be filed with the proper county recording officer.
[Amended 12-7-2020 by Ord. No. 2020-1077]
An occasional or periodic market held in an open area or
in a structure where individual sellers offer goods and services for
sale to the public.
[Added 10-1-2012 by Ord.
No. 989]
The susceptibility of a floodplain use at a particular site
to damage by potential floods at that site, as well as increased off-site
flooding or flood-related damages caused by such floodplain use.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The average frequency, statistically determined, for which
it is expected that specific flood level or discharge may be equaled
or exceeded.
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure or matter
in, along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of the flow of water, either in itself or by catching or collecting
debris carried by such water, or that is placed where the flow of
water might carry the same downstream to the damage of life or property.
The floodway and flood fringe areas as determined by the
Department of Environmental Protection under Section 3 of the Flood
Hazard Area Control Act (P.L. 1979, c. 359 as amended).[4]
[Added 7-14-1997 by Ord. No. 735]
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary -
Floodway Maps and the water surface elevation of the base flood.
The flood hazard areas of delineated streams. For nondelineated
areas, the floodplain shall be that area which is inundated by the
100-year flood.
[Added 7-14-1997 by Ord. No. 735]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A story of a building.
The sum of the gross horizontal areas of the floor or several
floors of a building measured within the perimeter of the outside
face of exterior walls.
[Amended 6-8-1992 by Ord. No. 644]
The sum of the gross horizontal area of the floor or several
floors of a dwelling measured between the inside face of exterior
walls or from the center line of walls separating two dwelling units,
having a clear ceiling height of seven feet four inches or greater,
but not including any unfinished attic, cellar or accessory building
space, but including the floor area of roofed porches, balconies,
terraces and patios. (Also, see "habitable room.")
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
[Amended 12-13-1993 by Ord. No. 670]
The sum of the gross horizontal areas of the floor or several
floors of a commercial building, which are used for display of merchandise
to the general public and including any areas occupied by counters,
showcases or display racks and any aisles, entranceways, arcades or
other such public areas.
A funeral home or mortuary operated by a licensed mortician
in accordance with N.J.S.A. 45:7-32 et seq. A "funeral home" or "mortuary"
shall not be considered a professional office.
[Amended 10-5-2020 by Ord. No. 1076]
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.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor vehicle accessories, or where any such
vehicles are kept for hire. The rental of storage space for more than
two motor vehicles not owned by occupants of the premises shall be
deemed a "public garage."
The same as "motor vehicle service station."
The Mayor and Borough Council of the Borough of Shrewsbury.
[Amended 12-13-1993 by Ord. No. 670]
The existing undisturbed elevation of land, ground and topography
preexisting or existing on a lot, parcel or tract of land at the time
of the adoption of this chapter.
The completed surface of lawns, walks and roads brought to
grade(s) as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved.
Any room within a building used for the purpose of sleeping,
eating, preparation of food, offices, selling of merchandise, public
gatherings or assembly lobbies. All habitable rooms within a dwelling
unit shall have natural light, ventilation and heat. Garages, bathrooms,
closets, storage areas, hallways and stairs are not considered to
be "habitable rooms." (Also see "floor area, habitable.")
Includes, but is not limited to, inorganic mineral acids
of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus, selenium
and arsenic and their common salts; lead, nickel and mercury and their
inorganic salts or metallo-organic derivatives; coal tar acids, such
as phenols and cresols, and their salts; petroleum products; and radioactive
materials.
A line showing the upper inland wetlands boundary (a biological
"high-water line") on a series of maps prepared by the State of New
Jersey Department of Environmental Protection for Parker's Creek and
Little Silver Creek and their tributaries in accordance with the provisions
of the Wetlands Act (N.J.S.A. 13:9A-1 et seq.), said line being established
from photographs and each of these maps being on file in the office
of the County Clerk, Monmouth County, New Jersey.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan[5] as being of historical, archeological, cultural, scenic
or architectural significance.
[Amended 12-13-1993 by Ord. No. 670]
Any use customarily conducted for profit entirely within
a dwelling and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes and does not change the character thereof, provided that
no article is sold or offered for sale except such as may be produced
by members of the immediate family residing in the dwelling, and provided
further that no machinery or equipment is used which will cause electrical
or other interference with radio and television reception in adjacent
residences or cause offensive noise or vibration. Such activities
as clinics, hospitals, barbershops, beauty parlors, tearooms, tourist
homes, animal hospitals, nursery schools and music or dancing schools,
other than for individual instruction, shall not be deemed "home occupations"
under the terms of this chapter.
An incorporated, nonprofit organization operating under a
recorded land agreement through which:
Each lot owner, condominium owner, stockholder
under a cooperative development or other owner of property or interests
in the project shall be a member;
Each occupied dwelling unit is subject to a
charge for a proportionate share of the expenses for the organization's
activities and maintenance, including any maintenance costs levied
against the association or the municipality; and
Each owner and tenant has a right to use a common
property.
The practice of a profession within a "professional office,"
as defined by this article, conducted entirely within a dwelling which
is the bona fide residence of the principal practitioner.
Any natural or man-made surface which does not permit infiltration
of water and which causes surface runoff All buildings, parking areas,
driveways, roads, sidewalks and any areas in concrete and asphalt
shall be considered "impervious surfaces" within this definition.
In addition, other areas determined by the engineer to be impervious
within the meaning of this definition will also be classed as "impervious
surfaces." For purposes of building and impervious surface coverage
calculations required in this chapter, porous asphalt and concrete
shall be deemed to be an "impervious surface."
A measure of the intensity of use of a piece of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the net buildable site area.
Land which is not prevented from having buildings, pavement
or decking constructed on it due to development restrictions intended
to protect environmental features such as wetlands, floodplains, ponds
or other water bodies.
[Added 11-13-1996 by Ord. No. 708]
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 improved to the standards specified by the Borough
Engineer upon approval and acceptance by the Borough Council, Monmouth
County or the State of New Jersey.
A detention facility designed to infiltrate retained water
to the subsurface.
[Added 7-14-1997 by Ord. No. 735]
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
rights 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-1 et seq. or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this
chapter.
A lot bounded by a street on one side only and lots which
face on street intersections where the interior angle of the intersection
exceeds 135°.
A street used for internal vehicular circulation within a
tract or development. "Major internal streets" are those internal
streets which have an entrance and/or exit on the access street or
right-of-way frontage of the tract. Internal streets may be private
and not dedicated or deeded to the public, subject to approval by
the Land Use Board upon recommendation of the Borough Engineer.
[Amended 12-7-2020 by Ord. No. 2020-1077]
The use of any area and/or structure for keeping or the abandonment
of junk, including scrap metal, glass, paper, cordage or other scrap
material, or for the dismantling, demolition or abandonment of structures,
automobiles or other vehicles, equipment and machinery or parts thereof;
provided, however, that this definition shall not be deemed to include
any of the foregoing uses which are accessory and incidental to any
agricultural use permitted in any zone. The term "junkyard," as herein
defined, includes automobiles salvage or wrecking yards.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
Such term also includes improvements and fixtures on, above or below
the surface.
Any activity involving the clearing, grading, transporting,
filling of land and any other activity which causes land to be exposed
to the danger of erosion.
The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements and/or to provide a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices and the requirements of this chapter, including but not limited to § 94-8.21.
The Borough of Shrewsbury Planning Board established pursuant
to N.J.S.A. 40:55D-23, which shall exercise, to the same extent and
subject to the same restrictions, all the powers of a board of adjustment,
as provided by N.J.S.A. 40:55D-25c. The term "Planning Board" or "Land
Use Board," as used in this chapter, also means the Zoning Board of
Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.
[Amended 12-7-2020 by Ord. No. 2020-1077]
The licensed New Jersey professional engineer specifically
retained by the Land Use 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 Land Use Board Engineer, the Borough Engineer may assume the duties
of the office.
[Amended 12-7-2020 by Ord. No. 2020-1077]
Supportive personal care and health services to enable residents
to maintain independence, individuality, privacy and dignity in an
apartment-like setting.
[Added 11-13-1995 by Ord. No. 708]
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 toxic
or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
Any solution containing nicotine which is designed or sold
for use with an electronic smoking device.
[Added 10-3-2017 by Ord. No. 1041]
A bottle or other container of liquid, wax, gel, or other
substance containing nicotine, where the liquid or other contained
substance is sold, marketed or intended for use in a vapor product
but does not include containers prefilled and sealed by the manufacturer
and not intended to be opened by the consumer.
[Added 10-3-2017 by Ord. No. 1041]
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have a clear means of ingress and egress to a public
street at all times.
Any sewerage authority created pursuant to the Sewerage Authorities
Law, N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant
to the Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-1
et seq.; or any utility, authority, commission, special district or
other corporate entity not regulated by the Board of Public Utility
Commissioners under Title 48 of the Revised Statutes that provides
gas, electricity, heat, power, water or sewer service to a municipality
or the residents thereof.
[Added 12-13-1993 by Ord. No. 670]
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. A "lot" is land occupied or to be occupied
by a building, structure or permitted accessory use or by a dwelling
and its accessory uses, together with such open spaces as are specified
and required under the provisions of this chapter, having not less
than the minimum area required by this chapter for a lot in the zone
district in which such a lot is situated and have the required frontage
on a street.
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.
Any lot at the junction of and fronting on two or more intersecting
streets.
The area of a lot covered by buildings and structures and
accessory buildings or structures and expressed as a percentage of
the total lot area. "Lot coverage" shall include all parking areas
and automobile access driveways and internal roadways, whether covered
by an impervious or pervious material, and all other impervious surfaces
except for the following:
[Amended 12-7-2020 by Ord. No. 2020-1077]
Exterior walkways and plazas designed exclusively for pedestrian
use as part of a commercial, industrial or office development and
which are part of an overall landscaping plan acceptable to the Land
Use Board.
Unroofed patios, terraces, decks and pedestrian walks which
are accessory to a single-family dwelling.
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line, provided that, in triangular lots having no rear lot line,
the distance shall be measured to the midpoint of a line parallel
to the front lot line, which shall be not less than 10 feet in length
measured between its intersections with the side lot lines. On corner
lots, one side lot line shall be considered a rear lot line for the
purpose of determining lot depth only.
The horizontal distance of lot lines or portions thereof
which are coexistent with a street line. In the case of a street of
undefined width, said lot lines shall be assumed to parallel the center
line of the street at a distance of 50% of the statutory street right-of-way
width therefrom. Only continuous, uninterrupted lot lines shall be
accepted as meeting the frontage requirements.
Any line designating the extent or boundary of a lot, which
shall further be defined as follows:
[Amended 6-8-1992 by Ord. No. 644]
FRONT LOT LINEA lot line which separates a lot from an adjoining street.
REAR LOT LINEA lot line which separates adjoining lots at the interior of a block along a course generally parallel to the street.
SIDE LOT LINEA lot line which separates adjoining lots along a course generally perpendicular to the street.
The mean horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space. Lot width shall not be
less than the minimum required lot frontage.
Any security which may be accepted by the Borough for the
maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq.
and this chapter, 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.
[Amended 12-13-1993 by Ord. No. 670]
Any site plan not classified as a minor site plan or exempt
site development.
Any subdivision not classified as a minor subdivision.
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Any facilities or activities associated with fishing or boating,
either for sport or for commercial gain.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted by the
Planning Board on March 28, 1984, pursuant to N.J.S.A. 40:55D-28,
and including all subsequent amendments thereto.
The Mayor of the Borough of Shrewsbury.
A person who is afflicted with a mental disease, as defined
in N.J.S.A. 30:4-27.2, to such an extent that a person so afflicted
requires care and treatment for his own welfare, the welfare of others
or of the community but shall not include a person who has been committed
after having been found not guilty of a criminal charge or unfit to
be tried on a criminal charge by reason of insanity.
[Amended 10-5-2020 by Ord. No. 1076]
A development plan for one or more lots which are subject
to development and which:
Require site plan approval.
Meet the requirements set forth in § 94-6.6 of this chapter and contain the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.
Meet the following conditions:
The construction of drainage facilities is not
required either on site or off site.
New building construction and/or building additions
do not exceed 1,000 square feet of gross floor area.
The proposed development does not increase parking
requirements by more than three spaces nor entail or propose the construction
of a total of more than five parking spaces.
The proposed development conforms to the floodplain management standards set forth in § 94-5.27 of this chapter.
The proposed development conforms to the performance standards set forth in § 94-5.28 of this chapter.
The proposed development will not require the
issuance of a CAFRA permit.
The proposed development does not involve planned
development.
The proposed development does not involve any
new street or the extension of any existing street.
The proposed development does not involve the
extension or construction of any off-tract improvement, the cost of
which is to be prorated pursuant to N.J.S.A. 40:55D-42.
A subdivision of land for the creation of not more than two
lots, plus the remainder of the original lot, provided that such subdivision
does not involve a planned development, any new street or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A. 40:55D-42, and provided that the municipal agency
or the Subdivision Committee of the Land Use Board finds that all
the following conditions have been met:
[Amended 12-13-1993 by Ord. No. 670; 12-7-2020 by Ord. No. 2020-1077]
The curbs and sidewalks have been installed, or the developer
agrees to install and post performance guaranties for curbs and sidewalks,
or curbs and sidewalks are not required due to specific conditions
in the area.
The subdivision does not require the extension of municipal
facilities at the expense of the municipality.
The subdivision and construction resulting therefrom will not
adversely affect drainage patterns of the basin in which the lots
are situated.
The subdivision will not adversely affect the development of
the remainder of the parcel or the adjoining property.
The subdivision is not in conflict with any provision or portion
of the Master Plan, Official Map or this chapter or appropriate variances
have been obtained (or must be obtained as a condition of approval).
In the event that a drainage fund has been established by the
Borough or Monmouth County, an assessment has been charged to the
lots and has been paid.
No portion of the lands involved have constituted a part of
a minor subdivision within three years preceding the application.
A building or portion of a building or land or portion thereof
which is not primarily devoted to the retail sale of gasoline or new
or used automobiles or trucks, in which auto bodywork or the overhauling
or replacement of automobiles, automobile parts or any portion thereof
is conducted as a business for profit.
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
stored only in underground tanks and oil and other lubricating substances,
including any sale of motor vehicle accessories, and which may include
facilities for lubricating, washing or minor servicing of motor vehicles,
except that automobile rebuilding and auto bodywork of any nature
and retail sales unrelated to motor vehicle uses shall be prohibited.
When the dispensing, sale or offering for sale of motor fuels or oil
is incidental to the conduct of a public garage, the premises shall
be classified as a public garage, motor vehicle wrecking yard or junkyard.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
Any building containing two or more dwelling units, including
townhouses, within a lot. Dwelling units within a multifamily building
are classified as multifamily dwellings.
The Land Use Board or Borough Council of the Borough of Shrewsbury,
when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
[Amended 12-7-2020 by Ord. No. 2020-1077]
The Borough of Shrewsbury.
N.J.S.A. 40:55D-1 et seq. (Chapter 291 of the Laws of New
Jersey 1975, as amended).
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
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 use or activity, which was lawful prior to the adoption,
revision or amendment of this chapter, 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.
Pollution from any source other than from any discernible,
confined and discrete conveyances and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A school designed to provide daytime care of three or more
children from two to six years of age, inclusive, and operated on
a regular basis.
The specific purpose for which land or a building is used,
designed or maintained.
The same as "certificate of occupancy."
The map, which changes and additions thereto are 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.
A map adopted by ordinance by the governing body pursuant
to N.J.S.A. 40:55D-32 et seq.
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.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no sidewall other than the wall of
the structure to which it is attached.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and other improvements that are designed to be incidental to the natural
openness of the land. Impervious surfaces within open space areas
shall be limited to improvements associated with recreation and drainage
facilities and underground utilities. "Open space" may include farmland
set aside in perpetuity intended for the preservation of the farming
use. Improved sidewalks, paved paths or other pedestrianways within
an open space area, which exceed four feet in width, shall be deducted
in determining the open space area.
A measure of the inverse intensity of land use. It is arrived
at by dividing the total amount of open space within the site by the
site area.
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land which is the subject of a development proposal.
An open area used for the open storage of motor vehicles
and includes any driveways and access drives, as well as accessory
incidental structures or improvements, such as curbing, drainage,
lighting and signing.
An area, other than a street, which is intended for the same
use as a private garage, is accessory to a residential or nonresidential
building or use and is not used by the general public.
An open area, other than a street, which is used for the
temporary parking of not fewer than four automobiles and is available
for public use, whether free, for compensation or as an association
for clients or customers.
The same as "garage, public."
An off-street space provided for the parking of a motor vehicle,
exclusive of driveways or access drives, either within a structure
or garage, in the open or as may be otherwise defined in this chapter.
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.
An area of land which is not used for receiving and storing
material, where the ground has been surfaced with construction material,
such as brick, stone, cement or lumber, which does not project above
grade level and which is entirely uncovered by a roof or any superstructure.
A business establishment which engages in the practice of
offering secured loans in exchange for commercial property held as
equivalent collateral; or displays for sale unredeemed personal property
from a pawn broker.
[Added 10-3-2017 by Ord. No. 1041]
Any establishment showing to patrons in private or semiprivate
viewing areas the live or photographical or magnetically recorded
depictions of persons engaged in the presentation and exploitation
of illicit sex, lust, passion, depravity, violence, brutality, nudity,
immorality and other obscene subjects.
Any security, which may be accepted by the Borough, including,
but not limited to, surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5 and cash.
[Amended 12-13-1993 by Ord. No. 670]
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
[Added 10-1-2012 by Ord.
No. 989]
Services supportive to residents' care and comfort including,
but not limited to, assistance with activities of daily living such
as, by way of example and not by way of limitation, fitness centers,
wellness centers, beauty salons, gift shops, luncheonettes, and the
sale of sundries.
[Added 8-3-1998 by Ord. No. 751]
Services supportive to resident's care and comfort, including
but not limited to assistance with activities of daily living.
[Added 11-13-1995 by Ord. No. 708]
An act by which skills of one person are utilized for the
benefit of another, provided that no function involves manufacture,
cleaning, repair, storage or distribution of products or goods, except
for cleaning and repairing of clothing and similar personal accessories.
A building or group of buildings, congregations, places of
public worship, including cathedrals, chapels, churches, meeting houses,
mosques, synagogues, temples and similarly used buildings as well
as accessory uses, such as Sunday schools, social halls, parish houses
and similar-type buildings.
An area of a minimum contiguous size as specified by this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both and any residential or other uses
incidental to the predominant use as may be permitted by this chapter.
An area to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas.
[Amended 11-13-1995 by Ord. No. 708]
One or more parcels of land forming a combined and contiguous
land area to be used as housing for older persons in accordance with
the Federal Fair Housing Act Amendments of 1988 (PL. 100-430), and
through its corporation, association or owners, restrict the use of
the property and dwelling units therein through bylaws, rules, regulations
and restrictions of record for housing of older persons, the occupancy
of which shall be by at least one person 55 years of age or older
per unit, and further provided that no child who has not attained
the age of 18 years shall be domiciled therein.
[6]
[Added 8-3-1998 by Ord. No. 751]
A map or maps of a subdivision or site plan.
The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. "Final
plat" shall also include and be synonymous with the term "final site
plan."
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. "Preliminary
plat" shall also include and be synonymous with the term "preliminary
site plan."
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Land Use Board
and the applicant.
[Amended 12-7-2020 by Ord. No. 2020-1077]
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale, relationship to its site and immediate environs
and exterior colors and finishes.
A lot or tract of land or any combination thereof held under
a single ownership or control.
The primary or principal purpose for which a building, structure
or lot is used.
The office of a member of a recognized profession, as hereinafter
indicated, when conducted on a residential property, shall be conducted
by a member or members of the residential family entirely within a
residential building and shall include only the offices of doctors,
ministers, architects, professional engineers, lawyers, real estate
brokers and such similar professional occupations. The practice of
such occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone in which it is located to
a greater extent than for the professional activities listed herein.
The issuance of a state or local license for regulation of any gainful
occupation shall not be deemed indicative of professional standing.
A building, the occupancy of which is limited to professionals,
such as doctors, dentists, ministers, architects, engineers, lawyers,
real estate brokers, accountants or such other similar professional
occupations which may be so designated by the municipal agency, upon
finding that such occupation is truly professional in character by
virtue of the need for similar training and experience as a condition
for practice.
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance of N.J.S.A.
40:55D-70d would be necessary in order to provide that use in that
particular zone.
A sign, other than a facade sign, suspended from or attached
to a building or wall in a manner which is other than parallel to
said building or wall, including a sign hung under the canopy.
Public parks, playgrounds, trails, paths and
other recreational areas and other open space areas conveyed or dedicated
to the Borough or any other public body for recreation or conservation
use;
Other public open spaces;
Scenic and historic sites; and
Sites for schools and other public buildings
and structures.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical and to lessen non-point
pollution.
Any public utility regulated by the Board of Public Utility
Commissioners and defined pursuant to N.J.S.A. 48:2-13.
[Added 12-13-1993 by Ord. No. 670]
The majority of the full authorized membership of a municipal
agency.
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
A hydraulic engineering term to describe longitudinal segments
of a stream or river. A "reach" will generally include the segment
of the flood hazard area where flood heights are influenced by a man-made
or natural obstruction. In an urban area, the segment of a stream
or river between two consecutive bridge crossings would typically
constitute a "reach."
The replenishment of underground water reserves.
[Added 7-14-1997 by Ord. No. 735]
The separation and reuse of solid waste materials, including
paper, cardboard, glass, aluminum, metals, used motor oil, used rubber
tires, used clothing and rags and used household items or other materials
as designated by law.[7]
[Amended 12-13-1993 by Ord. No. 670]
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units which may be or are developed
per acre of land, exclusive of areas used for streets, easements and/or
open space portions of a development.
Any natural area or feature containing natural resources
protected by this chapter, where improvement and/or alteration may
be restricted or prohibited or where conservation is required. "Resource
protection areas" may include wooded areas, floodplains, natural drainage
areas, watercourses, ponds, lakes, stream corridors, riparian lands,
wetlands, marshland, wildlife habitats, archaeological sites and steep
slopes.
Any establishment, however designated, at which food is sold
for consumption on the premises, normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, playfield or park operated solely by the agency or group
operating the recreation facilities and for the convenience of patrons
of the facility shall not be deemed to be a "restaurant."
An establishment where the majority of the patrons purchase
food, soft drinks, ice cream and similar confections for takeout or
consumption on the premises but outside the confines of the principal
building or in automobiles parked upon the premises, regardless of
whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or by other instrument.
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 of earth from the upper slope level.
A facing of stone, concrete, etc., built to protect a scarp,
embankment or shore structure against erosion by wave action or current.
The same as "boardinghouse" or "lodging house."
The same as "educational use."
A building or group of buildings in which activities are
limited to experiment, testing and other forms of research, such as
product design and development, provided that the use shall not include
any processing or manufacturing except as may be incidental to the
research or testing process. There shall be no commercial production
of goods, materials or any other substances for sale, except as may
be produced by a small pilot facility necessary to the research activity.
The same as "accessory use."
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by
air, water or gravity as a product of erosion.
The transport or 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.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
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 for the use conducted thereon.
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.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
[Added 10-1-2012 by Ord.
No. 989]
A commercial establishment which as one of its principal business
purposes offers for sale, rental, or display any of the following:
books, magazines, periodicals or other printed material, or photographs,
films, motion pictures, video cassettes, slides or other visual representations
which depict or describe a “specified sexual activity”
or “specified anatomical area”; or still or motion-picture
machines, projectors or other image-producing devices which show images
to one person per machine at any one time, and where the images so
displayed are characterized by the depiction of a “specified
sexual activity” or “specified anatomical area”;
or instruments, devices, or paraphernalia which are designed for use
in connection with a “specified sexual activity”; or
A commercial establishment which regularly features live performances
characterized by the exposure of a “specified anatomical area”
or by a “specified sexual activity,” or which regularly
shows films, motion pictures, video cassettes, slides, or other photographic
representations which depict or describe a “specified sexual
activity” or “specified anatomical area.”
The Shade Tree Commission of the Borough of Shrewsbury, established
pursuant to the Code of the Borough of Shrewsbury.[8]
An integrated development of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, post offices and auditoriums, housed in an enclosed
building or buildings, utilizing such common facilities as customer
parking, pedestrian walkways, truck loading and unloading space, utilities
and sanitary facilities and having a minimum total floor area of 30,000
square feet.
[Amended 3-9-1992 by Ord. No. 640]
A private or public pedestrian walkway designed in accordance with § 94-8.33.
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines and at driveway entrances and exits or the projection of such
lines, which border a corner property, and by a line connecting a
point on each such line located a designated distance from the intersection
of the street or driveway lines.
[Amended 11-5-2007 by Ord. No. 904]
A name, identification, description, display, illustration
or any other device observable from out of doors, which is affixed
to, painted on or represented directly or indirectly upon a building,
structure or piece of land or which is placed in any manner over any
public or private street and which directs attention to an object,
product, place, activity, person, institution, organization or business,
regardless of whether such device is located indoors or outdoors.
Lighting used to outline any part of a building shall be deemed to
be a "sign." However, a "sign" shall not include any display of official
court or public office notice, any official traffic control device
nor any flag, badge or insignia of any public, quasi-public, civic,
charitable or religious group.
[Amended 10-2-1989 by Ord. No. 598]
A sign which directs attention to a business, commodity or
service conducted, sold or offered elsewhere than on the premises
where the sign is located.
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.
A sign which directs attention to a business or profession
conducted on or to a commodity service or entertainment sold or offered
upon the premises where such sign is located.
Any sign placed or inscribed upon the face of a building.
Any sign supported by uprights or braces placed upon the
ground and not attached to any building.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including, but not
necessarily limited to, topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
and screening devices; and 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 Land Use Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
[Amended 12-7-2020 by Ord. No. 2020-1077]
All unconsolidated mineral and organic material of any origin
and overlies bedrock and which can be readily excavated.
The Freehold Soil Conservation District, a governmental subdivision
of the state which encompasses Shrewsbury Borough and which was organized
in accordance with the provisions of N.J.S.A. 4:24-2 et seq.
A system and all associated equipment that converts solar
energy into usable electrical energy, heats water or produces hot
air or other similar function through the use of solar panels.
[Added 9-6-2011 by Ord.
No. 966]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 9-6-2011 by Ord.
No. 966]
Municipal, dry sewage sludge, bulky materials, dry hazardous
chemicals and substances, dry nonhazardous chemicals and substances,
animal and food processing, oil spill cleanup and nonchemical industrial
wastes. Municipal wastes include garbage, refuse, rubbish debris,
bulky and other discarded materials.
[Added 10-1-2012 by Ord.
No. 989]
[Added 10-1-2012 by Ord.
No. 989]
Standards, requirements, rules and regulations adopted by
this chapter pursuant to N.J.S.A. 40:55D-65d regulating noise levels,
glare, earth-borne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and flammable matters,
smoke and airborne particles, waste discharge, screening of unsightly
objects or conditions and such other similar matters as may be reasonably
required by the Borough or required by applicable federal or state
laws.
The Standard Specifications for Road and Bridge Construction
as promulgated and revised by the New Jersey Department of Transportation.
Areas where the average slope exceeds 8%, which, because
of this slope, are subject to high rates of stormwater runoff and
erosion.
Flow on the surface of the ground, resulting from precipitation.
[Added 7-14-1997 by Ord. No. 735]
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A "split-level story" shall be considered
a secondary 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 two feet below the top plate, shall be counted as a story,
and, if less than two feet below the top plate, it shall be counted
as a half story, provided that not more than 60% of the floor area
is used for rooms, baths or toilets. Otherwise, it shall be counted
as that fraction of a story which its floor area in rooms, baths or
toilets bears to the entire floor area.
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. A basement
shall also be included as a "half story."
Those areas which include the floodway and permanent channel
of brooks and streams.
Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive or other way which is an existing state, county or Borough roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by N.J.S.A. 40:55D; or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Land Use Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. Streets are classified by function and type by § 94-8.40.
[Amended 12-7-2020 by Ord. No. 2020-1077]
A street surfaced with an all-weather pavement which meets the criteria for street design and construction contained in § 94-8.40 of this chapter.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street as distinct from a sidewalk line, curbline or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Borough of Shrewsbury, the "street line" shall be considered to be
the proposed right-of-way line for the street. Where a definite right-of-way
has not been established, the "street line" shall be assumed to be
at a point 25 feet from the center line of the existing pavement.
A street that does not have an all-weather pavement in accordance with § 94-8.40, Street design and construction. An unimproved street could be constructed of loose gravel, any type of loose stone or, generally, any type of material that is not solidified and will not repel water or maintain a stable cross section. In the event that the Construction Official or other Borough official has any question as to whether a road is improved, unimproved or potential drainage problems exist with regard to the issuance of a zoning permit, building permit or certificate of occupancy, such official shall contact the Borough Engineer for his evaluation and written determination.
[Amended 8-18-2003 by Ord. No. 811]
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
The same as "alterations."
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, and including, among other things, display stands,
fences and walls, gasoline pumps, gates and gateposts, mobile dwellings,
outdoor bins, pergolas, platforms, pools, porches, reviewing stands,
sales' stands, signs, stadiums, staging, standpipes, tanks of any
kind, tents, towers of any kind, including radio and television towers,
and antenna trellises. The word "structure" shall be construed as
though followed by the words "or part thereof."
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
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.
[Amended 12-7-2020 by Ord. No. 2020-1077]
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 Land Use 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 or intestate provisions.
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons, and all of which are
found and certified by the administrative officer to conform to the
requirements of the development contained in this chapter and which
are shown and designated as separate lots, tracts or parcels on the
Official Tax Map of the Borough.
The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Land Use Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and having such
further duties relating to land subdivision as may be conferred on
this Committee by the Board.
[Amended 12-7-2020 by Ord. No. 2020-1077]
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration effects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on the
National Register of Historic Places or the State Inventory of Historic
Places, as an historic building or structure in accordance with this
chapter.
Ambulatory surgical centers, acute hospital services, emergency
services, inpatient and outpatient rehab services, and diagnostic
imaging and other services where it's usual and customary for said
services to be performed in a community hospital. The definition of
"surgical care facility" shall not include any ancillary services
typically or usually performed by a physician or specialist as a component
of their services provided within their offices.
[Added 12-15-2008 by Ord.
No. 925]
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.
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.
The same as "swimming pool, commercial."
A certificate provided for in State Uniform Construction
Code indicating the Construction Official has issued a temporary certificate
of occupancy, in accordance with the State Uniform Construction Code
and any ordinance implementing said code, that allows a building or
structure or part thereof to be occupied when the work covered by
the construction permit shall have been substantially completed and
when the unfinished items do not adversely affect health or safety.
[Added 8-18-2003 by Ord. No. 811]
A portable or semiportable table, platform or structure from
which fruits, vegetables or similar agriculture products are intended
to be sold at retail to passing motorists or pedestrians.
Lands which are washed by tidal flows in accordance with
the New Jersey Department of Environment Protection (NJDEP) Tideland
Council maps, which are on file with the New Jersey Department of
Environment Protection and the Borough Clerk.
See "wireless telecommunications tower."
[Added 6-4-2001 by Ord. No. 780]
When referring to a wireless telecommunications tower or
other structure, tower height is the distance measured from the finished
grade to the highest point on the tower or other structure, including
the base pad and any antenna. (See also the definition of "building
height.")
[Added 6-4-2001 by Ord. No. 780]
A designated parcel or area of land, including a lot, which
is the subject of an application for development and which includes
any contiguous portions of street rights-of-way in which the developer
has property rights.
[Amended 11-13-1995 by Ord. No. 708]
The total area of land, determined by a certified boundary
survey, excluding any public rights-of-way and/or lands shown as part
of another previously approved or designated permanent open space.
The gross tract area less the total of any areas within the
tract contained in:
A typed or printed verbatim record or reproduction thereof
of the proceedings of the municipal agency.
The New Jersey State Uniform Construction Code, N.J.S.A.
52:27D-119 et seq.
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.
Essential services, including but not limited to sewers,
water, electricity, gas, telephone and cable television, regulated
by the State of New Jersey or by the federal government.
Any noncombustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic,
chemical, or mechanical means, regardless of shape or size, to produce
vapor from nicotine in a solution or any form, including any electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device, and any vapor cartridge or other container
of nicotine in a solution or other form intended to be used with,
or in, any such device.
[Added 10-3-2017 by Ord. No. 1041]
Permission to depart from the literal requirements of zoning
regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c
and 40:55D-70d.
Any structure designed for or utilized primarily for the
storage of goods and materials. The term shall include self-storage,
mini or other forms of commercial warehouse activities.
An area that is inundated or saturated by surface water or
groundwater 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"; provided, however, that the Department
of Environmental Protection in designating a wetland shall use three-parameter
approach (that is, hydrology, soils and vegetation) enumerated in
the "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands" and any subsequent amendments thereto, incorporated herein
by reference.
[Added 7-14-1997 by Ord. No. 735]
Areas known as "marshes," "swamps" or other saturated lowlands,
wherein standing water is retained for 24 or more consecutive hours
and to which vegetation unique to such marshes, swamps or wetlands
has become adapted. This definition shall include, but is not limited
to, all the mapped New Jersey State wetlands or wetlands as defined
in accordance with the New Jersey Coastal Permit Program Rules (N.J.A.C.
7:7-1.1 et seq.), the Freshwater Wetlands Act of 1987 (N.J.A.C. 7:7A)
or by the United States Army Corps of Engineers in accordance with § 404
of the Clean Water Act (33 U.S.C. § 1251 et seq.).
[Amended 12-13-1993 by Ord. No. 670; 10-5-2020 by Ord. No. 1076]
An area that is inundated or saturated by fresh or saline
waters under tidal influence 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."
[Added 7-14-1997 by Ord. No. 735]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
[Added 6-4-2001 by Ord. No. 780]
Any area within a tract covered by trees, woods or forests,
including closely grouped or stands of 10 or more mature or specimen
trees of six-inch caliper or greater, individual shade and specimen
trees of twelve-inch caliper or greater or individual ornamental trees
of four-inch caliper or greater.
An open space which lies between a principal building or
building group, for the full length of the lot and the nearest lot
line. A "yard" is to be unoccupied and unobstructed from the ground
upward, except as herein permitted. All "yards" will be identified
as either "front yard," "side yard" or "rear yard."
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
The depth of the "front yard" shall be measured at right angles to
the front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
The depth of a "rear yard" shall be measured at right angles to the
rear of the lot in the same manner as specified herein for the measurement
of lot depth.
An open unoccupied space between the side line of the lot
and the nearest line of the building and extending from the front
yard to the rear yard or, in the absence of either of such yards,
to the front or rear lot lines as the case may be. The width of a
"side yard" shall be measured at right angles to the side line of
the lot.
The official of Shrewsbury designated to enforce the provisions of this chapter. The "Zoning Officer" shall also be the administrative officer in matters pertaining to §§ 94-5.28A(4) and B, 94-5.29, 94-6.2 and 94-8.27H.
[Amended 7-11-1994 by Ord. No. 695]
A document signed by the Zoning Officer which:
[Amended 8-18-2003 by Ord. No. 811]
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
Acknowledges that such use, structure or building
complies with the provisions of this change or variance therefrom
duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60
and 40:55D-70.
[1]
Editor's Note: The former definition of "building
coverage," which immediately followed this definition, was repealed
6-8-1992 by Ord. No. 644.
[2]
Editor's Note: Former definition of "development
permit," which immediately followed this definition, was repealed
8-18-2003 by Ord. No. 811.
[3]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
[4]
Editor's Note: See N.J.S.A. 58:16A-50 et seq.
[5]
Editor's Note: The Master Plan is on file
in the Borough Hall.
[6]
Editor's Note: The definitions of "Planning Board" and "Planning
Board Engineer," which immediately followed this definition, were
revised to "Land Use Board" and "Land Use Board Engineer." See those
definitions earlier in this section.
[9]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[10]
Editor's Note: The definitions of "Zoning Board of Adjustment"
and "Zoning Board of Adjustment Engineer," which immediately followed
this definition, were repealed 12-7-2020 by Ord. No. 2020-1077. See now the definitions
of "Land Use Board" and "Land Use Board Engineer."
