[2002 Code § 16-08-040; Ord. No.
488 § 1, 2004; Ord. No.
489, 2004; Ord. No. 2009-25 § II; Ord. No. 2010-32; Ord. No. 2014-15; Ord. No. 2017-02; amended 8-16-2021 by Ord. No. 2021-09; 10-11-2022 by Ord. No. 2022-15; 4-17-2023 by Ord. No. 2023-02]
Certain words, phrases, and terms in this chapter are defined
for the purpose herein as follow:
ADDITION
An extension or increase in building size, floor area or
height.
ADMINISTRATIVE OFFICER
The Construction Official in matters involving the administration
of the construction code; the Zoning Officer in matters involving
the administration of the zone code; The Municipal Code Enforcement
Officer in all matters involving the enforcement of local, County
and State ordinances, regulations, and statutes, inclusive of zoning
and construction enforcement and the Municipal Clerk of the Borough
in all other matters unless a different municipal official or officials
are designated by ordinance or statute.
ADULT BOOKSTORE
An establishment devoted to safe, rental, or distribution
of pornographic books, magazines, pamphlets, photographs, motion pictures,
phonograph records and video and audio tapes devoted to the presentation
and exploitation of illicit sex, lust, passion, depravity, violence,
brutality, nudity, immorality, and other obscene subjects, etc., used
in connection with the aforementioned purposes.
AGGRESSIVE SOILS
Soils which may be corrosive to case iron and ductile iron
pipe. These soils represent approximately 5% of the soils found within
the United States and include dump areas, swamps, marshes, alkaline
soils, cinder beds, polluted river bottoms, etc., which are considered
to be potentially corrosive.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
ALTERATIONS
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.
AMUSEMENT ARCADE
Any place of business containing more than three amusement
devices.
AMUSEMENT DEVICE
Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other openings, 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.
APARTMENT
A dwelling unit in a multifamily building.
APPLICANT
A developer submitting an application for development or
for a permit required in accordance with this chapter.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 45:55D-36.
APPROVED STAIRWAY
A permanent access conveyance, either fixed or mechanically
operated that allows for the uninterrupted ingress and egress from
or to a space within a structure. Manual pull down stairs or openings
requiring the placement of a ladder device for access are not considered
an approved stairway.
APPROVING AUTHORITY
The Municipal Planning Board unless a different agency is
designated by ordinance when acting pursuant to the authority of N.J.S.A.
40:55D-1 et seq.
ART GALLERY
A building or portion thereof, in which sculpture, paintings,
or other artistic work is displayed or sold.
ASCE
The American Society of Civil Engineers.
ASTM
The American Society for Testing Materials.
ATTACHED SIGN
A sign posted, painted or constructed, attached to the wall,
roof, facade, canopy, or porch of any structure; provided the sign
does not extend above the highest point of the roof.
ATTIC
A floor of a building that is immediately below and wholly
or partly within the roof framing. An attic shall not include a kitchen,
bedroom or bathroom unless authorized by applicable codes. For clarification,
no portion of the first floor or structure adjoining and/or potentially
accessible to the second floor, will be considered an Attic and will
count as Floor Area.
An Attic shall be counted as a Half Story, and the area of
the floor not counted as Floor Area, if it satisfies either of the
following conditions:
a.
It has no Approved Stairway as a means of access and egress
(i.e. it is accessed only by a ladder or pull down stairway); or
b.
It has an Approved Stairway as a means of access and egress,
and the ceiling area at a minimum height of seven (7) feet above the
attic floor (measured from the attic floor to the bottom of the roof
rafters) is equal to, or less than, one-third (1/3) of the area of
the entirety of the next floor below.
An Attic shall be counted as a Story, and the area of the floor
counted as Floor Area, if it has an Approved Stairway as a means of
access and egress, and the ceiling area at a minimum height of seven
(7) feet above the attic floor (measured from the attic floor to the
bottom of the roof rafters) is greater than 1/3 the area of the entirety
of the next floor below. [Amended 4-17-2023 by Ord. No. 2023-02]
|
AUCTION MARKET
Any premises on which are held at periodic times, auction
sales of merchandise or any other personal property.
AUTOMOBILE SALES AGENCY
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.
AWNING
A structure made of cloth, metal, or other material affixed
to a building with a minimum vertical clearance of eight feet from
the ground.
AWWA
The American Water Works Association.
BANNER
A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations, or ornamentation applied
to plastic, or fabric of any kind excluding flags, emblems, and insignia
or political, professional, religious, education, or corporate organizations.
BARRIER CURB
A steep-faced curb intended to prevent encroachments.
BASEMENT
Unless defined as a Crawl Space as set forth hereinbelow,
any space partly underground where the Finished Floor Elevation (FFE)
is greater than thirty inches (30”). A Basement shall be counted
as a Half Story.
[Amended 4-17-2023 by Ord. No. 2023-02]
BEDROOM
A room or portion of a structure with a principal function
of serving as sleeping quarters.
BELGIAN BLOCK CURB
A type of paving stone generally cut in a truncated, pyramidal
shape, laid with the base of the pyramid down.
BERM
A mound of soil, either natural or man-made, used as a view
obstruction.
BICYCLE LANE
A lane at the edge of a roadway reserved and marked for the
exclusive use of bicycles.
BICYCLE PATH
A pathway usually separated from the roadway, designed specifically
to satisfy the physical requirements of bicycling.
BIKEWAY
A pathway designed to be used by bikers.
BILLBOARD
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which the sign is located.
BLOCK
The length of a street between two street intersections.
BLOW-OFFS
An outlet in a pipe through which water or sediment can be
discharged.
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69 and
this chapter. The term "Board of Adjustment, as used in this chapter
also means the Planning Board when it is acting pursuant to N.J.S.A.
40:55D-60.
BOARD OF ADJUSTMENT ENGINEER
The licensed New Jersey Professional Engineer specifically
retained by the Board of Adjustment (or assigned by the Municipal
Engineer with the consent of the Board) to render engineering services
and advice to the Board. In the absence of the specific appointment
of the Borough of Adjustment Engineer, the Municipal Engineer may
assume the duties of the office.
BOARDING- OR LODGING HOUSE
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 is required for any dwelling for hire.
BOATYARD
Any waterfront facility where docking accommodation and/or
land-dry-storage accommodations for any watercraft, such as power
boats, sailboats or row boats, are offered on a rental basis and where
facilities for the building, rebuilding and general repair of boats
and marine equipment are provided. A boatyard shall be deemed to include
all auxiliary and accessory services as chandlery, gasoline sales
and rental business activities related to the primary use.
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites or properties.
BUILDABLE AREA
The central portion of any lot between required yards and/or
setback lines.
BUILDING
A combination of materials to form a construction, having
a roof and adapted to permanent, temporary, or continuous occupancy.
BUILDING AREA
The total of areas determined from outside dimensions on
a horizontal plane at ground level of principal and accessory buildings,
exclusive of unroofed porches, terraces, stoops or steps having vertical
faces, which at all points are less than three feet above the level
of the ground. A pergola, awning, or similar structure having more
than a minimal area and which has the effect of a roof structure shall
be considered a roof for the purpose of calculating building area.
BUILDING COVERAGE
The area of a tract covered by buildings and roofed areas.
Building coverage is expressed as a percentage of the total tract
area.
BUILDING HEIGHT
The vertical distance measured to the highest point of the
building from the Average Existing Grade, or from any proposed grade
shown on a site plan, subdivision plan, or other plan approved by
the appropriate Municipal Agency (Planning Board or the Board of Adjustment).
The vertical distance shall be the average measured along the perimeter
of the building, measured at a minimum of four corners of the structure.
[Amended 4-17-2023 by Ord. No. 2023-02]
BUILDING PERMIT
A permit used for the alteration or erection of a building
or structure in accordance with the provisions of the Uniform Construction
Code.
BUILDING, PRINCIPAL; PRINCIPAL BUILDING
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.
BULK STORAGE
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.
BULKHEAD
A structure separating land and water areas, primarily designed
to resist earth pressures.
BUSINESS OFFICE
A business establishment which does not offer a product or
merchandise for sale to the public, but offers or provides a service,
primarily administrative, personal, or clerical in nature. Business
offices are all those offices which are not professional offices and
include but are not limited to the following:
d.
Investment brokerage houses;
e.
Banks and trust companies;
f.
Advertising or public relations agencies;
g.
Computer and data processing;
h.
Management and consulting services;
i.
Adjustment and collecting services;
j.
Consumer credit reporting agencies.
CALIPER
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and measured
12 inches above ground level for trees over four inches in diameter.
CANNABIS CULTIVATOR
Any licensed person or entity that grows, cultivates, or
produces cannabis in this State, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
CANNABIS DELIVERY SERVICE
Any licensed person or entity providing courier services
for consumer purchases that are fulfilled by a licensed cannabis retailer
in order to make deliveries of the purchase items to a consumer, and
which service would include the ability of a consumer to make a purchase
directly through the cannabis delivery service which would be presented
by the delivery service for fulfillment by a retailer and then delivered
to a consumer.
[Added 8-16-2021 by Ord.
No. 2021-09]
CANNABIS DISTRIBUTOR
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 8-16-2021 by Ord.
No. 2021-09]
CANNABIS MANUFACTURER
Any licensed person or entity that processes cannabis items
in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
CANNABIS RETAILER
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 8-16-2021 by Ord.
No. 2021-09]
CAPITAL IMPROVEMENTS PROGRAM
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project.
CAPPED SYSTEM
A completed water supply and/or sewerage system put in place
for future use (contingent upon expansion), rather than to meet immediate
development needs.
CAR WASH
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.
CARPORT
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.
CARTWAY
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are not curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
CELLAR
Unless defined as a Crawl Space as set forth hereinbelow,
any space partly underground where the Finished Floor Elevation (FFE)
is thirty inches (30”) or less. A Cellar shall not be counted
as a Story or Half Story.
[Amended 4-17-2023 by Ord. No. 2023-02]
CERTIFICATE OF COMPLETENESS
A certificate issued by the Administrative Officer after
all required submissions have been made in proper form, certifying
that an application for development is complete.
CERTIFICATE OF NONCONFORMANCE
A document issued by the Zoning Officer for a nonconforming
use or structure existing at the time of passage of the zoning ordinance
or any amendment thereto which pursuant to N.J.S.A. 40:55D-68, 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 nonconforming use, structure or lot.
CERTIFICATE OF OCCUPANCY
A certificate issued upon completion of construction and/or
alteration of any building; or change in use of any building; or change
in occupancy of a nonresidential building. This certificate shall
acknowledge compliance with all requirements of this chapter, such
adjustments thereto granted by the Board of Adjustment or Planning
Board and/or all other applicable requirements.
CHANGE IN USE
a.
Any increase in the number of dwelling units in a structure
which would result in three or more total units;
b.
Any change from a residential use to any nonresidential use;
c.
Any change from one nonresidential use to another nonresidential
use (excluding changes in tenancy, occupancy or ownership where the
use is the same).
CHANNEL
A watercourse with a definite bed and banks which confined
and conduct continuously or intermittently flowing water.
CHANNELIZATION
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
CHURCH
See "place of worship."
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, 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.
CLUBHOUSE
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.
COASTAL WETLANDS
The coastal wetlands designated by the New Jersey Wetlands
Act of 1970.
COMMON DEVELOPMENT LINE
A line within a tract or lot which designates the extent
of a proposed development or improvements, separate developments within
a single tract, or separate stages of development within the tract.
Proposed improvements within a tract or site plan shall be shown for
the entire tract, on both sides of any common development line.
COMMON OPEN SPACE
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.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility housing up to 16 developmentally
disabled persons which provides food, shelter, and personal guidance
for 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 Act, 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.
COMPLETE APPLICATION
An application for development which complies in all respects
with the appropriate submission requirements set forth in this chapter,
including an application form completed as specified by this chapter
and the rules and regulations of the Municipal Agency, and all accompanying
documents required by ordinance for approval of the application for
development, including where applicable, but not limited to, a site
plan or subdivision plat; provided that the Municipal Agency may require
such additional information not specified in this chapter, or any
revisions in the accompanying documents, as area reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the Municipal Agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in this
chapter and in the rules and regulations of the Municipal Agency,
and shall be deemed complete as of the day it is so certified by the
Administrative Officer for purposes of the commencement of the time
period for action by the Municipal Agency.
CONCEPT PLAN
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
CONDITIONAL USE
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 or such use
as contained in this chapter, and upon the issuance of an authorization
thereof by the Municipal Agency.
CONDOMINIUM
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 is a dwelling unit which has all of the following characteristic.
a.
The unit (the interior and associated exterior areas designated
for private use in the development plan) is owned by the occupant;
b.
The unit may be any permitted dwelling type;
c.
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.
CORNER LOT
A lot at the junction of and abutting two or more intersection
streets where the interior angle of intersection does not exceed 135°.
COUNTRY CLUB
A facility for golf, tennis and related recreational uses
which may include a club house, restaurant, and incidental lodging
for members or guests.
COUNTY MASTER PLAN
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 N.J.S.A.
40:27-4.
COURT OR COURTYARD
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by building walls.
CRAWL SPACE
A shallow unfinished space beneath the first floor, usually
containing pipes, ducts, and other utilities, where the ceiling height
(measured from the concrete or dirt floor to the bottom of the floor
joists) is less than six (6) feet and the Finished Floor Elevation
is thirty inches (30”) or less. A Crawl Space shall not be counted
as a Story or Half Story.
[Added 4-17-2023 by Ord. No. 2023-02]
CRITICAL AREA
A sediment-producing highly erodible or severely eroded area.
CUL-DE-SAC
A local street with only one outlet and having the other
end for the reversal of traffic movement.
CULVERT
A structure designed to convey a water course not incorporated
in a closed drainage system under a road or pedestrian walk.
CURB
A vertical or sloping edge of a roadway. See also Belgian
block curb," "barrier curb," "mountable curb."
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the front lot line.
CUSHION
Supportive or protective bedding materials placed underneath
piping.
DAY CAMP
A licensed, organized and supervised daytime facility used
for recreational purposes.
DECORATIVE FLAG
A piece of fabric which is ornamental in nature and has no
advertising or business logo.
DEMOLITION
The partial or total razing, dismantling, or destruction,
whether entirely or in significant part, of any building, structure,
object, or site. "Demolition" includes the removal of a building,
structure or object from its site or the removal or destruction of
the facade or surface.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
DETENTION BASIN
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually at a rate not greater than that prior
to the development of the property, into natural or man-made outlets.
DEVELOPER
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 or purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
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 of 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.
DEVELOPMENT PERMIT
A document signed by the Zoning Officer (1) which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building; and (2) which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom duly authorized by a Municipal
Agency.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance, or other Borough regulation of the use and
development of land, or amendment thereto adopted and filed pursuant
to the Municipal Land Use Law.
DEVELOPMENT REGULATION
This chapter, official map ordinance, or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DEVELOPMENTALLY DISABLED
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.
DIRECTIONAL SIGN
A sign providing no advertising of any kind, which provides
direction or instruction to guide persons to facilities intended to
serve the public, including but not specifically limited to those
signs identifying rest rooms, public walkways, parking areas, and
other similar facilities.
DISTRICT
Any part of the territory of the Borough which is designated
as a zone on the official zoning map (on file in the Borough Clerk's
office) and to which certain uniform regulations and requirements
of this chapter apply.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes 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
nonpoint pollution 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 of alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1-1 et seq., State Water Policy Commission.
DRAINAGE SYSTEM
The system through which water flow from the land, including
all watercourses, water bodies and wetlands.
DRIVE-IN RESTAURANT
An establishment or business essentially designed so that
food is both served to and consumed by patrons while they are parked
in vehicles on the premises (regardless of whether or not seating
may also be provided at the premises).
[Amended 10-11-2022 by Ord. No. 2022-15]
DRIVE-THROUGH WINDOW
A Drive-Through Window is a window or portal through which
patrons may pick up food or beverage orders from an establishment
without exiting their vehicle.
[Add 10-11-2022 by Ord. No. 2022-15]
DRIVEWAY
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
DROP MANHOLE
A manhole provided for inspection and maintenance of sewers
where an incoming sewer is considerably higher than the outgoing.
DROP PIPE
A vertical pipe used to convey sewage from a higher to a
lower elevation.
DWELLING
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
DWELLING UNIT
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.
DWELLING, MULTIPLE; MULTIPLE DWELLING
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 outside or a
common cellar.
DWELLING, TWO-FAMILY; TWO-FAMILY DWELLING
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.
EASEMENT
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
EAVE
The lower border of a roof that joins or overhangs the wall.
EDUCATIONAL USE
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is 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.
ELEEMOSYNARY
The giving of money and/or services to a charitable or philanthropic
organization.
ENVIRONMENTAL COMMISSION
The municipal Environmental Commission, a municipal advisory
body, created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL CONSTRAINTS
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require degradation of the environment,
or may require limited development, or in certain instances may preclude
development.
ENVIRONMENTAL IMPACT REPORT (EIR)
For the purposes of this chapter, a compilation of studies,
reports, documents and finding of fact prepared by an applicant as
part of and for a development application. An environmental impact
statement meeting the requirements of the N.J.S.A. 13:10-1 et seq.,
Coastal Area Facility Review Act, and specifically outlined in Section
7 of the rules and regulations promulgated in compliance with the
Act will be accepted in lieu of the EIR.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, and/or gravity.
EROSION AND SEDIMENT CONTROL PLAN
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 Committee and administered by the Freehold
Soil Conservation District in conformance with N.J.S.A. 40:55-120.
ESCROW
A deed, bond, money or a piece of property delivered to a
third person to be delivered by him to the grantee only upon fulfillment
of a condition.
ESSENTIAL SERVICES
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits, cables; and including normal above ground
appurtenances such as fire alarm boxes, police call boxes, light standards,
poles, traffic signals, 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 governmental agencies or for the public health or safety
or general welfare. "Essential services" shall not be deemed to include
wireless telecommunications towers and antennas.
EXCAVATION OR CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
EXCAVATION WORK
The excavation, removal, replacement, repair, construction,
or other disturbance of any portion of the public improvement 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, guard rails,
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 required 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 curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
EXEMPT DEVELOPMENT
That site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
a.
Construction, additions, or alterations related to single-family
detached or two-family dwellings or their accessory structures on
individual lots;
b.
Any change of use of land or structure to a use for which the
standards of this chapter are the same or less restrictive;
c.
Individual applications for accessory mechanical or electrical
equipment, 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;
d.
Sign(s) installed on a site already occupied by a principal
use for which site plan approval is not otherwise required and provided
such sign(s) conform to this chapter;
e.
Interior alterations which do not increase the required number
of off-street parking spaces;
f.
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 section.
g.
Any increase in the total number of employees, number of employees
in any shift or the number of vehicles to be stored or parked on the
site not exceeding 25% of the amount existing at the time of passage
of this ordinance or as set forth at the time of a previous site plan
approval.
h.
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site.
i.
The construction, alteration of or addition to any off-street
parking area which provides an increase of five or less vehicle parking
spaces, provided a parking variance is not required.
j.
Where the proposed development, change of occupancy or change
of use does not affect or increase circulation, drainage, relationship
of buildings to each other, landscaping, buffering, lighting, parking
requirements or any other considerations of site plan review.
FAMILY
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.
FAMILY DAY CARE HOME
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child care services are regularly provided
to no less than three and not more than five children for no less
than 15 hours per week. A child being cared for under the following
circumstances is not included in the total number of children receiving
child care services:
a.
The child being cared for is legally related to the provider;
or
b.
The child is being cared for as part of a cooperative agreement
between parents for the care of their children by one or more of the
parents, where no payment for the care is being provided.
FARM
Any parcel of land, which is used for gain in the raising
of agricultural products, livestock or dairy products.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with and necessary to the operation of
a farm as defined by this chapter.
FAST-FOOD RESTAURANT
An establishment or business, which is essentially designed
to quickly prepare, package, and dispense to customers for quick or
ready consumption, a limited, uniform, or standardized variety of
food and beverage products, and where the menu and/or practices of
such an establishment or business are generally prescribed by contractual,
franchise, or other such agreements, to facilitate rapid service and
turnover of customers. Such establishments or businesses may or may
not have tables, and the food and beverage products may be sold for
consumption inside the building and/or on or off the premises.
[Added 10-11-2022 by Ord. No. 2022-15]
FENCE
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.
FENCE PERMIT
A document signed by the Code Enforcement Officer (1) which
is required by ordinance as a condition precedent to the construction,
reconstruction, alteration, or installation of a fence; and (2) which
acknowledges that the fence complies with the provisions of the Borough
zoning ordinance or variance, therefrom duly authorized pursuant to
N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70.
FENCE POST
The vertical upright of a fence which provides support and
the point of attachment for the rails.
FENCE, OPEN; OPEN FENCE
A fence in which 1/2 of the area, between grade level and
the top cross member (wire, wood, or other material), is open.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees property
posted for their completion, or approval conditioned upon the posting
of such guarantees.
FINISHED FLOOR ELEVATION (FFE)
The measure of height from Average Existing Grade to the
surface of the finished floor immediately constructed on the foundation
wall or the slab-on-grade. The FFE shall be shown on all Site or Plot
Plans submitted to the Borough’s Zoning and/or Construction
Departments and, to further establish a point of reference, the Site
or Plot Plans shall include the Curb Level elevation. The FFE shall
be provided for all new construction and for any renovation or addition
that modifies an existing FFE and shall not exceed thirty (30”)
inches above Average Existing Grade.
[Added 4-17-2023 by Ord. No. 2023-02]
FINAL PLAT
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter, and which is approved shall be
filed with the proper County office.
FLAT ROOF
A roof having a continuous horizontal surface with a minimal
pitch and arranged to be essentially parallel to the floor plane.
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
a.
The overflow of inland or tidal waters; and/or
b.
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN
The relatively flat area adjoining any natural or man-made
stream, pond, lake, river, or any other body or water which is subject
to a 100-year flood.
FLOODWAY
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.
FLOOR
A story of a building.
FLOOR AREA
The sum of the gross horizontal area of all Stories of a
Structure as measured from (i) the exterior face of exterior building
walls (and also including in the Floor Area calculation, stairwell
openings and vaulted ceilings); (ii) the centerline of a common wall
separating two buildings, or (iii) where the roof connects to the
structure where there are no walls, measured to where there is a minimum
height of thirty (30") inches measured from the floor to the bottom
of the roof rafters. In residential buildings, Floor Area shall exclude:
a.
The gross horizontal area, or portions thereof, of Stories where
there is a height of less than thirty (30") inches measured from the
floor to the bottom of the roof rafters.
b.
Attics that qualify as a Half Story (see Attic);
d.
The first floor of Garages; and
e.
The gross horizontal area, or portions thereof, of an unfinished
storage area that is constructed immediately above the first floor
of a Garage, that is not accessible to a second Story, where the maximum
height measured from the Average Existing Grade to the ridge height
of the Garage is less than twenty (20') feet.
For clarification, all areas within a Structure where a second
story could be constructed to create areas that would qualify as Floor
Area pursuant to this definition will be counted as Floor Area regardless
of how actually constructed. [Added 4-17-2023 by Ord. No. 2023-02]
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FLOOR AREA RATIO
The Floor Area compared to the total land area of the lot,
expressed as a percentage.
[Amended 4-17-2023 by Ord. No. 2023-02]
FLOOR AREA, SALES; SALES FLOOR AREA
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.
FLUSHING
The cleaning out of debris and sediment from pipes by force
of moving liquid, usually water.
FREESTANDING SIGN
A sign not attached to any building but standing on the ground.
Such signs are usually, but not necessarily, supported from the ground
by one or more poles or posts on similar uprights with or without
braces.
FRONT BUILDING FACE AREA
The area of the face of a building that is located on the
front, as established by street side of the building, is inclusive
of all windows and doors, but exclusive of the roof.
FUNERAL HOME OR MORTUARY
A funeral home or mortuary operated by a licensed mortician
in accordance with N.J.S.A. 27:23-1 et seq. A funeral home or mortuary
shall not be considered a professional office.
GABLE ROOF
A double sloping roof that forms a gable at each end.
GARAGE
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.
GARAGE, PRIVATE; PRIVATE GARAGE
An enclosed building used as an accessory to the main building
which provides for the storage of motor vehicles and in which no occupation,
business, or service for profit is carried on.
GARAGE, PUBLIC; PUBLIC GARAGE
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 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.
GAS STATION
The same as "motor vehicle service station."
GENETICALLY ENGINEERED MATERIAL
Any substance which results from the directed alteration
of genetic material through intervention in genetic processing including
techniques whereby recombinant DNA is produced and made to function
as an organism.
GOLF COURSE
An area of 50 or more contiguous acres containing a full
size professional golf course, at least nine holes in length, together
with the necessary and usual accessory uses and structures such as,
but not limited to: club house facilities, dining and refreshment
facilities, swimming pools, tennis courts, and the like, provided
that the operation of such facilities incidental and subordinated
to the operation of a golf course.
GOVERNING BODY
The Mayor and Borough Council of the Borough of Fair Haven.
GRADE, AVERAGE EXISTING; AVERAGE EXISTING GRADE
The Average of Existing Grade of a lot as determined prior
to any demolition or construction or change in grade based on a survey
or plot plan that shows existing spot elevations and/or topography
on the lot as taken from a minimum of four (4) corners of the existing
principal structure and any accessory structure, or from the locations
of the proposed structures, if different.
[Added 4-17-2023 by Ord. No. 2023-02]
GRADE, EXISTING; EXISTING GRADE
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. Should topography of the lot vary,
multiple spot elevations should be included on the survey or plot
plan to more accurately reflect Existing Grade on the lot.
[Amended 4-17-2023 by Ord. No. 2023-02]
GRADE, FINISHED; FINISHED GRADE
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. This is to
be provided on a Final-As-Built Survey following the new development
of a property, installation of a pool or other major site development
involving any changes in grade.
[Amended 4-17-2023 by Ord. No. 2023-02]
GROUND COVER
Low-growing plants or sod that in time form a dense mat covering
the area in which they are planted preventing soil from being blown
or washed away and the growth of unwanted plants.
GROUND SIGN
Any sign supported by either uprights affixed to the ground
or supported by a base affixed to the ground.
GUTTER
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
HAZARDOUS MATERIALS
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.
HEALTH CARE FACILITY
The facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis, or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended care facility,
skilled nursing home, nursing home, intermediate bioanalytical laboratory
(except as specifically excluded hereunder), or central services facility
serving one or more such institutions but excluding institutions that
provide healing solely by prayer and excluding such bioanalytical
laboratories as are independently owned and operated, and are not
owned, operated, managed, or controlled, in whole or in part, directly
or indirectly, by any one or more health care facilities, and the
predominant source of business of which is not by contract with health
care facilities within the State of New Jersey and which solicit or
accept specimens and operate predominantly in interstate commerce.
HIGH-WATER LINE
For the purposes of this chapter 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 in accordance with the provisions of The Wetlands Act,
N.J.S.A. 13:9A-1 et seq., the line being established from photographs
and each of these maps being on file in the office of the County Clerk,
Monmouth County, New Jersey.
HOME OCCUPATION
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 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 automotive repair or body work, clinics, hospitals, barber shops,
beauty parlors, tea rooms, 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.
HOSPITAL
A building or series of buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the building, such related facilities as laboratories,
out-patient departments, clinics, training facilities, central service
facilities and staff offices. The definition of "hospital" shall not
include nursing homes, medical care centers and the like.
HOUSEHOLD
The person or persons occupying a dwelling unit.
IES
The Illuminating Engineering Society.
ILLUMINATED SIGN
A sign in which an artificial source of light is used in
connection with the display of such sign.
IMPERVIOUS SURFACES
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration of water.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
IMPROVED PARKING AREA
An area for the temporary location of motor vehicles which
has been modified from its natural condition by excavation, fill or
structures.
IMPROVED STREET
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.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to, real estate.
INTERESTED PARTY
(1) In a criminal or quasi-criminal proceeding, any citizen
of the State of New Jersey; and (2) 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 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.
INTERIOR STREET OR ROAD
A street or road that is developed wholly within a parcel
under one ownership and meeting all municipal standards.
INTERNAL STREET OR ROAD
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 Planning Board
and by the Municipal Engineer.
ISLAND, IN-STREET DESIGN
A raised area, usually curbed, placed on guide traffic, separate
lanes, or used for landscaping, signing, or lighting.
ITE
The Institute of Transportation Engineers.
JETTY
A projection of stone, brick, wood or other material, but
generally formed of piles, serving as a protection against the encroachment
or assault of the waves and currents.
JUNK OR SALVAGE YARD
The use of any area and/or structure keeping or 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 paths 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 "junk yard" as herein
defined includes automobile salvage or wrecking yards.
LAKES AND PONDS
Natural or man-made bodies of water which normally contain
or retain water for extended periods. Ponds are bodies of water with
a surface area, measured under ten-year storm conditions, of two acres
or less. Lakes are bodies of water with a surface greater than two
acres, measured under ten-year storm conditions. The shoreline of
a lake or pond is measured at the perimeter of the surface of water
under ten-year storm conditions, as certified by the applicant's licensed
land surveyor, and approved by the Municipal Engineer.
LAND
Any real property including improvements and fixtures on,
above or below the surface.
LAND DISTURBANCE
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.
LANDSCAPE; LANDSCAPING
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 providing a visual screen, all arranged and implemented
in accordance with good landscaping and horticultural practices.
LATERAL SEWERS
Pipes conducting sewage from individual buildings to larger
pipes called trunk or interceptor sewers that usually are located
in street rights-of-way.
LOADING SPACE
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 shall have clear means of ingress and egress to a public
street at all times.
LOCAL UTILITY
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 Regulatory
Commissioners, under Title 48 of the Revised Statutes that provides
gas, electricity, heat, power, water, or sewer service to a municipality
or the residents thereof.
LOT
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.
LOT AREA
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.
LOT COVERAGE
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. For the purpose of these regulations, total lot
coverage shall include all other impervious surfaces and all parking
areas and automobile access driveways and internal roadways, whether
covered by an impervious or pervious material.
LOT DEPTH
The shortest distance between the front lot line and a line
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 not be less than 10 feet in length measured
between its intersections with the side lot lines.
LOT FRONTAGE
The distance measured on a horizontal plane between the side
lot lines measured along the street right-of-way line. The minimum
lot frontage shall not be less than the required lot frontage except
that on curved alignments with an outside radius of less than 500
feet, the minimum distance between the side lot lines measured at
the street line shall not be less than 75% of the required minimum
lot frontage, except that no lot shall have a frontage of less than
50 feet. Where the lot frontage is so permitted to be reduced, the
lot width at the building setback line shall not be less than the
required minimum frontage of the zone district. For the purpose of
this chapter, only continuous uninterrupted lot lines shall be accepted
as meeting the frontage requirements.
LOT LINE
Any line designating the extent or boundary of a lot which
shall further be defined as follows:
1.
|
Front Lot Line. A lot line or portion thereof which is coexistent
with a street line and along which the lot frontage is calculated.
|
2.
|
Rear Lot Line. The lot line most distant and generally opposite and parallel to the front lot line (for corner lots see subsection 30-7.4b).
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3.
|
Side Lot Line. Any lot line other than a front or rear lot line.
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LOT WIDTH
The distance between the property side lines measured along
the front yard setback line. Unless otherwise specified lot width
shall equal minimum lot frontage.
LOWER-INCOME HOUSEHOLD
A household whose income is within the current moderate-
or low-income limits for the Borough's housing region as established
by the New Jersey Council on Affordable Housing.
LOWEST FLOOR
The lowest level (including basement, crawl space and garage)
of the lowest enclosed area.
MAINTENANCE BOND
Any security that is acceptable to the Governing Body to
assure the maintenance of approved installations by developers.
MAINTENANCE GUARANTEE
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.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan or exempt
site development.
MANHOLE
An inspection chamber whose dimensions allow easy entry and
exit and working room for a person inside.
MANNING EQUATION
A method for calculating the hydraulic capacity of a conduit
to convey water.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.
MANUFACTURING
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.
MARINA
Any waterfront facility wherein berthing spaces for any and
all watercraft or boats are provided. A marina shall be deemed to
include, in addition, automobile parking facilities; sanitary facilities;
motor fuel sales; boat sales, repairs, maintenance and service, excluding,
however, facilities for the construction of new boats.
MARINE ACTIVITIES
Any facilities or activity associated with fishing or boating,
either for sport or for commercial gain.
MASSAGE PARLOR
Any establishment devoted to the providing of massage services
to persons not in connection with any medical, osteopathic, chiropractic,
prescribed therapeutic or athletic or calisthenic activities.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted by
the Planning Board pursuant to N.J.S.A. 40:55D-28.
MAYOR
The Mayor of Fair Haven.
MEDIAN
That portion of a divided highway separating the traveled
ways of traffic proceeding in opposite directions.
MENTALLY ILL PERSON
A person afflicted with mental disease to such an extent
that a person so afflicted requires care and treatment for his own
welfare, or 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.
MINOR SITE PLAN
A development plan for one or more lots which is (are) subject
to development which:
a.
Requires site plan approval; and
b.
Meets the requirements set forth in Section
30-12 of this chapter and contains 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; and
c.
Meet the following conditions:
1.
The construction of drainage facilities is not required either
on or off site;
2.
New building construction and/or building additions do not exceed
1,000 square feet of gross floor area;
3.
The proposed development does not increase parking requirements
by more than five spaces;
4.
The proposed development conforms to the performance standards
set forth in Chapter 16.20 of this title;
5.
The proposed development will not require the issuance of a
CAFRA permit;
6.
The proposed development does not involve planned development;
7.
The proposed development does not involve any new street or
the extension of any existing street;
8.
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;
9.
The proposed development does not involve the disturbance of
5,000 square feet or more of ground area;
MINOR SUBDIVISION
A subdivision of land for the creation of not more than two
lots plus the remainder of the original lot provided such subdivision
does not involve, (1) a planned development, (2) any new street, or
(3) 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 Planning
Board finds that all the following conditions have been met:
a.
That curbs and sidewalks have been installed or that the developer
agrees to install and post performance guarantees for curbs and sidewalks,
or that curbs and sidewalks are not required due to specific conditions
in the area;
b.
That the subdivision does not require the extension of municipal
facilities at the expense of the municipality;
c.
That the subdivision and construction resulting therefrom will
not adversely affect drainage patterns of the basin in which the lots
are situated;
d.
That the subdivision will not adversely affect the development
of the remainder of the parcel of the adjoining property;
e.
That the subdivision is not in conflict with any provision or
portion of the master plan, official map or this chapter or that appropriate
variances have been obtained (or must be obtained as a condition of
approval);
f.
That no portion of the lands involved have constituted a part
of a minor subdivision within three years preceding the application.
MIXED USE
Two or more different uses, one of which is residential.
MLUL
Municipal Land Use Law.
MOTOR VEHICLE REPAIR GARAGE
A building or portion of a building or land, or portion thereof,
which is not primarily devoted to the retail sale of gasoline of new
or used automobiles or trucks, in which the overhauling or replacement
of automobiles, automobile parts, or any portion thereof, is conducted
as a business for profit.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
and oil and other lubricating substances, including any sale of motor
vehicle accessories and which may include facilities for lubricating,
washing or servicing of motor vehicles, except that auto body work
of any nature and retail sales unrelated to motor vehicle use shall
be prohibited.
MULCH
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
and aid plant growth.
MULTIFAMILY BUILDING
Any building containing two or more dwelling units, including
townhouses within a lot. Dwelling units within multi-family buildings
are classified as multi-family dwellings.
MUNICIPAL AGENCY
The Planning Board or Board of Adjustment when acting pursuant
to N.J.S.A. 40:55D-1 et seq. and this chapter.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of the ordinance codified in this chapter.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the ordinance codified
in 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.
NONCONFORMING SIGN
A sign that does not comply with the provisions of this chapter
and would have been in existence before the adoption of this chapter.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision, or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision, or amendment of the ordinance codified in 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.
NONDESIGNATED SITE
All lots and structures thereon within any historic districts
which are not designated historic sites.
NON-POINT-SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agriculture.
NURSERY SCHOOL
A school designed to provide daytime care or three or more
children from two to six years of age inclusive, and operated on a
regular basis.
OCCUPANCY
The specific purpose for which land or a building is used,
designed or maintained.
OFF-SITE
Located outside the lot lines of the lot in question, but
within the property limits (of which the lot is a part) which is the
subject of a development application. Off-site areas shall include
any contiguous portion of a street or right-of-way.
OFF-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and that is not located on a dedicated
street right-of-way.
OFF-TRACT
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.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance by the Governing Body pursuant
to N.J.S.A. 40:55D-32 et seq.
ON-SITE
Located on the lot in question.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN PORCH OR STEPS
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no side walls other than the wall
of the structure to which it is attached.
OPEN SPACE
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.
OWNER
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land which is the subject of a development proposal.
PARKING AREA
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.
PARKING AREA, PRIVATE; PRIVATE PARKING AREA
An area, other than a street, intended for the same use as
a private garage, is accessory to a residential or nonresidential
building or use and not used by the general public.
PARKING AREA, PUBLIC; PUBLIC PARKING AREA
A paved open area, other than a street or other public way,
used for the parking of motor vehicles and available to the public,
whether for a fee, free, or as an accommodation of clients or customers.
PARKING SPACE
An off-street space provided for the parking of a motor vehicle
exclusive of driveways or access drives, either within a structure
or garage or in the open or as may be otherwise defined in this chapter.
PARTY IMMEDIATELY CONCERNED
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.
PATIO
An area of land not used for receiving and storing material
where the grounds have 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.
PEEP SHOW
Any establishment showing to patrons in private or semi-private
viewing areas the live or photographic 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.
PERFORMANCE GUARANTEE
Any security, which may be accepted by the municipality,
including but not limited to surety bond, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
PERSONAL SERVICES
An act by which skills of one person are utilized for the
benefit of another, provided no function involves manufacture, cleaning,
repair, storage or distribution of products or goods except for cleaning
and repairing of clothing and similar personal accessories.
PERVIOUS SURFACE
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
PESTICIDE
Any substance or mixture of substance labeled, designed,
or intended for use in preventing, destroying, repelling, sterilizing
or mitigating any insects, rodents, nematodes, predatory animals,
fungi, weeds and other forms of plant or animal life or viruses, except
viruses on or in living man or other animals. The term "pesticide"
shall also include any substance or mixture of substances labeled,
designed or intended for use as a defoliant, desiccant, or plant regulator.
PETROLEUM PRODUCTS
Oil or petroleum of any kind and in any form including crude
oils and derivatives of crude oils, whether along, as sludge, oil
refuse or oil mixed with other wastes.
PLACE OF WORSHIP
A building or group of buildings, congregations, 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.
PLANNED DEVELOPMENT
Planned unit development, planned residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNING BOARD
The municipal Planning Board established pursuant to N.J.S.A.
40:55D-23. The term "Planning Board" as used in this chapter also
means the Board of Adjustment when it is acting pursuant to N.J.S.A.
40:55D-76.
PLANNING BOARD ENGINEER
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Municipal Engineer
(with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Municipal Engineer may assume the duties
of the office.
PLAT
A map or maps of subdivision or site plan.
PLAT, FINAL; FINAL PLAT
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.
PLAT, PRELIMINARY; PRELIMINARY PLAT
The plan 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.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
-48, and -49 prior to final approval after specific elements of a
development plan have been agreed upon by the Planning Board and the
applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scopes, scale, relationship to its site and immediate environs
and exterior colors and finishes.
PREMISES
A lot or tract or land or any combination thereof held under
a single ownership or control.
PROFESSIONAL OFFICE
The office of a member of a recognized profession, such as,
but not necessarily limited to, the office of physicians, dentists,
architects, professional engineers, and lawyers.
PROHIBITED USE
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.
PROJECTING SIGN
A sign which is attached to the building wall at a right
angle.
PUBLIC AREAS
(1) Public parks, playgrounds, trails, paths and other recreational
areas; (2) other public open spaces; (3) scenic and historic sites;
and (4) sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
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.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Borough, a Municipal Agency, Board of Education, Federal, State, or
County agency, or other public body for recreational or conversational
uses.
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
QUORUM
The majority of the full authorized membership of a Municipal
Agency.
RADIOACTIVE USE
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
RECHARGE
The replenishment of underground water reserves.
RECREATION AREA
Facilities and open space areas set aside, designed and/or
improved, and used for recreation purposes, and may include, but shall
not be limited to, playfields, golf courses, playgrounds, swimming
pools, tennis courts, and other court games, tot lots, parks, picnic
areas, nature preserves, boating and fishing areas and facilities.
RECREATIONAL VEHICLE
A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper,
and motor home.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land including areas used for streets, easements and/or open space
portions of a development.
RESTAURANT
An establishment or business where food and/or beverages
are prepared and served or dispensed to patrons and consumed at the
establishment and/or taken out and/or delivered for off-premises consumption;
but expressly excluding from this definition, however, the following:
(a) Fast-Food Restaurants, which is a separately defined use; and
(b) Drive-In Restaurants, which is a separately defined use. Further,
no Restaurant may contain a Drive-Through Window.
[Amended 10-11-2022 by Ord. No. 2022-15]
RESUBDIVISION
(1) The further division or relocation of lot lines of any
lot or lots within a subdivision previously made and approved or recorded
according to law; or (2) the alteration of any streets 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.
RETAINING WALL
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.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water
runoff.
REVETMENT
A fencing of stone, concrete, etc., built to protect a scarp,
embankment, or shore structure against erosion by wave action or current.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for another special use.
SAND DUNES
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
SCHOOL
The same as educational use.
SCREEN
A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
SCS
Soil Conservation Service.
SEAWALL
A wall or embankment to resist encroachment of the sea.
SEDIMENT
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.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
SEDIMENTATION
The transport and depositing of solid material by water.
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition
of domestic wastes.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage.
SETBACK
The horizontal distance between a building or structure and
any front, side or real lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
SETBACK, FRONT YARD, PREVAILING; PREVAILING FRONT YARD SETBACK
The minimum required front yard setback for a residential
property, which shall be established as the greater of the following:
a.
The minimum required front yard setback otherwise set forth
in the zoning schedule for residential uses in the particular zone
in which the subject property is located; or
b.
For New Construction only, the average front yard setback calculated
from the front property line of all principal structures existing
on all properties which properties are (i) located within 200 feet
of either side of the subject property, and are also (ii) located
on the same side of the street as the subject property, and also (iii)
have a front yard facing the same street as the front yard of the
subject property; provided, however, that any property that would
otherwise be included in the above calculation but which property
has a front yard setback that exceeds the remaining average by more
than 50% shall be excluded from and not considered in making the above
calculation. Further, if the subject property is a corner lot, the
average front yard setback shall be calculated to both frontages of
that lot separately.
[Added 4-17-2023 by Ord. No. 2023-02]
SEWER
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.
SHADE TREE
A tree in a public place, street, special easement, or right-of-way
adjoining a street.
SHOPPING CENTER
An integrated development of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, and auditoriums, houses
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 20,000 square feet.
SHOULDER
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline.
SIDEWALK AREA
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
SIGHT TRIANGLE
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines 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 lines.
SIGN AREA
That are 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 sides (straight lines) geometric shape that most clearly outlines
the signs.
SIGN
An identification, description, illustration, or device illuminated
or nonilluminated which is visible to the general public and directs
attention to a product, service place, activity, person, institution,
business or solicitation, including any permanently installed or situated
merchandise; or any emblem, painting flag, streamer, banner, pennant,
or placard design to advertise, identify, or convey information.
SITE
Any plot, parcel or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown
(1) the existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes, and waterways, (2) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices, and (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to the provisions of this chapter requiring review and approval
of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37
et seq.
SOIL
All unconsolidated mineral and organic material of any origin
and overlies bedrock and which can be readily excavated.
SOIL CEMENT
A mixture of Portland cement and locally available soil.
It serves as a soil stabilizer.
SOIL CONSERVATION DISTRICT
The Freehold Soil Conservation District, a governmental subdivision
of the State which was organized in accordance with the provisions
of N.J.S.A. 4:24-2 et seq.
SOLID WASTE
Garbage, sludge, refuse, trash, rubbish, debris or other
discarded solid materials.
SPECIAL EVENT SIGN
A sign advertising a specific occasion such as, but restricted
to, holidays, grand openings, and inventory reduction.
STABILIZED TURF OR EARTH
Turf, or earth (soil), strengthened usually by the mixing
of cement or lime with the original material to achieve increase strength,
thereby reducing shrinkage and movement.
STANDARDS OF PERFORMANCE
(1) Standards, requirements, rules and regulations adopted
by this chapter pursuant to N.J.S.A. 40:55D-65(d) regulating noise
levels, glare, airborne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and inflammable
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 municipality or (2) required
by applicable Federal or State laws or Municipal Agencies.
STEEP SLOPES
Areas where the average slope exceeds 15% which, because
of this slope, are subject to high rates of stormwater runoff and
erosion.
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
STORY
That portion of a building between a floor and ceiling, excluding
Cellars and Crawl Spaces. Attics shall be either a Half Story or a
Story depending on how constructed (see Attic).
[Amended 4-17-2023 by Ord. No. 2023-02]
STORY, HALF; HALF STORY
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 thirty inches (30") above the floor of such half-story.
A Basement shall also be included as a half-story. Attics shall be
either a Half Story or a Story depending on how constructed (see Attic).
[Amended 4-17-2023 by Ord. No. 2023-02]
STREAM CORRIDORS
Those areas which include the floodway and permanent channel
of brooks and streams.
STREET
Any street, highway, avenue, boulevard, road, parkway, viaduct,
alley, drive, or other way (1) which is an existing State, Country
or municipal roadway, or (2) which is shown upon a plat heretofore
approved pursuant to law, or (3) which is approved by official action
as provided by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on
a plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of a Planning Board and grant to
such Board 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.
STREET FURNITURE
Man-made aboveground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters,
and phone booths.
STREET HARDWARE
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
STREET HIERARCHY
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use, and residential
quality.
STREET LINE
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 Fair Haven, 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.
STREET LOOP; LOOP STREET
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
STREET, UNIMPROVED; UNIMPROVED STREET
A street that does not have an all-weather pavement. 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 development permit,
building permit or certificate of occupancy, such Official shall contact
the Borough Engineer for his evaluation and written determination.
STRIPPING
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
STRUCTURE
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.
SUBDIVIDER
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
SUBDIVISION
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
(1) divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size, (2)
divisions of property by testamentary or intestate provisions, (3)
division of property upon court order including, but not limited to,
judgments of foreclosure, (4) consolidation of existing lots by deed
or other recorded instrument, and (5) 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 regulations
contained in this chapter for frontage on an improved street, zoning
district regulations, and for design standards and improvement specifications;
and further provided that each lot, tract, or parcel of land is shown
and designated as separate lots, tracts, or parcels of land shown
on the official tax map of the Borough. Those adjoining lots, tracts,
or parcels of land shown on the official tax map of the Borough which
are owned by the same person or persons but which individually do
not conform to the zoning district regulations and/or which do not
meet the required frontage on an improved street shall be treated
under this chapter as a single parcel of land no portion of which
may be conveyed without subdivision approval as prescribed by this
chapter. The term "subdivision" shall also include the term "resubdivision.
SUBDIVISION AND SITE PLAN COMMITTEE
A committee appointed by the chairperson of the Planning
Board for the purpose of reviewing, commenting and making recommendations
with respect to subdivision and site plan applications and having
the power to approve minor site plans and subdivisions. Only those
committee members who are members or alternatives of the Board having
jurisdiction to act have the power to vote on a matter involving a
minor site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and
N.J.S.A. 40:55D-47.
SUBGRADE
The natural ground lying beneath a road.
SURFACE WATERS
Those waters that fall on land or arise from springs and
diffuse themselves over the surface of the ground following no defined
course or channel.
SWIMMING POOL, COMMERCIAL; COMMERCIAL SWIMMING POOL
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly, annual or other fee or operated
as a service rendered by a hotel, motel, or apartment development.
SWIMMING POOL, PRIVATE; PRIVATE SWIMMING POOL
A swimming pool located on a single-family lot with a residence
on it and used as an accessory to the residence, and the pool is utilized
with no admission charges and not for the purpose of profit.
TELECOMMUTING
A work arrangement for performing work electronically from
a dwelling solely by a member of the household.
TEMPORARY SIGN
A nonpermanent sign erected, affixed, or maintained on a
premises for a short, usually fixed, period of time.
TIDELANDS
Lands which are washed by tidal flows in accordance with
the NJDEP Tideland Council maps which are on file with the NJDEP and
Borough Clerk.
TOPSOIL
The original upper layer of soil material to a depth of six
inches which is usually darker and richer than the subsoil.
TRACT
An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. Tract interchangeable with the words, development area, site
and property.
TRANSCRIPT
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of the Municipal Agency.
TRIP
A single or one-way vehicle movement to or from the property
or study area. "Trips" can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
ULI
Urban Land Institute.
USE
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.
UTILITIES
Essential services including, but not limited to sewers,
water, electricity, gas, and telephone, regulated by the State of
New Jersey or by the Federal government.
VARIANCE
Permission to depart from the literal requirements of zoning
regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, and N.J.S.A.
40:55D-70c and 70d.
VIEW OR PUBLIC VIEW
The view by the public of a building, structure, object,
or site from any point on a street or walkway which is used as a public
thoroughfare, either vehicular and/or pedestrian.
WALL SIGN
A sign attached directly to an exterior wall of a building
or dependent upon a building for support with the exposed face of
the sign located in a place substantially parallel to such exterior
building wall to which the sign is attached or supported by.
WAREHOUSE
Any structure designed for or utilized primarily for the
storage of goods and materials. The term shall include self-storage,
mini, or other form of commercial warehouse activities.
WATERCOURSE
Channel or canal for the conveyance of water, particularly
drainage lands.
WETLANDS (NONTIDAL OR FRESHWATER)
An area regulated by the New Jersey Freshwater Wetlands Act
(N.J.S.A. 13:9B-1 et seq.) 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.
WETLANDS (TIDAL)
Areas known as marshes, swamps or other lowland subject to
tidal action or any area now or formerly connected to tidal waters,
whose surface is at or below an elevation of one foot above local
extreme high water and of which vegetation unique to tidal marshes,
swamps or lowlands has become adopted. This definition shall include,
but is not limited to, all the mapped New Jersey State wetlands.
WINDOW SIGN
A sign painted onto the interior of a window or door of a
building which is intended for viewing from the exterior of such building.
WOODED AREAS
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; or individual shade and specimen
trees of twelve-inch caliper or greater, or individual ornamental
trees of four-inch caliper or greater.
YARD
The space which lies between a building or structure and
a lot line. A yard is to be unoccupied and unobstructed from the ground
upward except as herein permitted. Yards will be identified as either
front yard, side yard or rear yard.
YARD, FRONT; FRONT 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 a building
or structure. The depth of the front yard shall be measured at right
angles to the front line of the lot.
YARD, REAR; REAR YARD
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of a building
or structure. 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.
YARD, SIDE; SIDE YARD
A yard between the side line of the lot and the nearest line
of a building or structure 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.
ZONE
The same as district.
ZONING OFFICIAL
The municipal official designated to enforce the provisions
of this chapter.
[Added 4-12-2021 by Ord.
No. 2021-03]
For purposes of this section, the following terms, phrases,
words and derivations shall have the meanings stated herein unless
their use in the text of this Section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory. The definitions below are the same as or based
on corresponding definitions in the Stormwater Management Rules at
N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
COMMUNITY BASIN
Means an infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this Section.
COMPACTION
Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
COUNTY REVIEW AGENCY
Means an agency designated by the County Commissioners to
review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
a.
A county planning agency; or
b.
A county water resource association created under N.J.S.A 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
Means the Department of Environmental Protection.
DESIGN ENGINEER
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
DESIGNATED CENTER
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. For development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
DISTURBANCE
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Means a stormwater management measure that manages stormwater
close to its source by:
a.
Treating stormwater runoff through infiltration into subsoil;
b.
Treating stormwater runoff through filtration by vegetation
or soil; or
c.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
Means an individual "development," as well as multiple developments
that individually or collectively result in:
a.
The disturbance of one or more acres of land since February
2, 2004;
b.
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
c.
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
d.
A combination of 2 and 3 above that totals an area of one-quarter
acre or more. The same surface shall not be counted twice when determining
if the combination area equals one-quarter acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
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MOTOR VEHICLE
Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
Means the manual maintained by the Department providing,
in part, design specifications, removal rates, calculation methods,
and soil testing procedures approved by the Department as being capable
of contributing to the achievement of the stormwater management standards
specified in this Section. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this Section. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this Section,
provided the design engineer demonstrates to the municipality, in
accordance with Section IV.F. of this Section and N.J.A.C. 7:8-5.2(g),
that the proposed measure and its design will contribute to achievement
of the design and performance standards established by this Section.
NODE
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
NUTRIENT
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
PERSON
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
POLLUTANT
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
RECHARGE
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means any of the following, alone or in combination:
a.
A net increase of impervious surface;
b.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
c.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
d.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Means any of the following, alone or in combination:
a.
The total area of motor vehicle surface that is currently receiving
water;
b.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
SEDIMENT
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SITE
Means the lot or lots upon which a major development is to
occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of
any origin.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
STORMWATER
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to the
subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal nonstormwater
discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
STORMWATER RUNOFF
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
URBAN ENTERPRISE ZONES
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
a.
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
b.
Designated as CAFRA Centers, Cores or Nodes;
c.
Designated as Urban Enterprise Zones; and
d.
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
WETLANDS or WETLAND
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.