Words used in present tense include the future
tense. All words in the plural number include the singular number,
and all words in the singular number include the plural number, unless
the natural construction of the phrase indicates otherwise. The word
"persons" includes a corporation or partnership as well as an individual.
The word "lot" includes the word "plot" or "parcel." The term "shall"
is always mandatory. The word "used" or "occupied" as applied to any
land or building shall be construed to include the words "intended,
arranged or designed to be used or occupied."
For purposes of this chapter, unless the context
clearly indicates a different meaning, the following definitions apply.
If specific definitions are contained in specific sections, those
definitions shall apply in those sections if different than any hereinbelow
set forth:
A use or a building devoted exclusively to a use incidental
and subordinate to the principal building or use of the lot. Structures,
steps, decks, patios or raised platforms attached to a building and
less than 18 inches in height shall be considered accessory. This
shall include all HVAC and pool equipment and supporting structures.
[Amended 4-7-2009 by Ord. No. 1-2009]
As applied to a building or structure, means a change or
rearrangement in the structural support 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.
A developer submitting an application for development.
The application form and all accompanying documents required
by this chapter for approval of the subdivision plat and site plan,
conditional use, zoning variance, the direction or issuance of any
permit for a structure or alteration or the direction of the issuance
of a permit pursuant to any other section of the Land Use Law, Chapter
291, P.L. 1975. (N.J.S.A. 40:55D-1 et seq.)
The Planning Board, when acting pursuant to the authority
of this chapter, unless a different agency is designated by this chapter.
A story partly underground and having more than 1/2 of its
height above the mean elevation of the finished lot grade at the front
building line.
The Secretary of the Planning Board.
An area of land provided on a lot, usually along the lot
line(s), to provide sound baffling, sight screening and physical separation
between the use on the lot and those uses on adjoining lots, and,
to this end, is kept clear of all structures (other than fencing and
walls), parking and driveway areas, and other activities, and is usually
lushly landscaped.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
Decks, patios or raised platforms without roofs over 18 inches above
grade shall be considered as part of the building and must comply
with all building setback requirements. Any structure used in association
with a swimming club use and considered a "seasonal structure" shall
not be considered a "building."
[Amended 12-15-1998 by Ord. No. 94-98; 4-7-2009 by Ord. No. 1-2009; 2-19-2013 by Ord. No. 1-2013]
The total of areas of outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings, excluding unroofed porches, terraces, steps, decks, patios
or raised platforms having a vertical face of less than 18 inches
above the level of the ground from which the height of the building
is measured.
[Amended 4-7-2009 by Ord. No. 1-2009]
The percentage of lot area covered by building area.
[Added 4-7-2009 by Ord. No. 1-2009]
The vertical distance measured from the average elevation
of the finished grade at all corners of the building to the highest
point of the roof for flat roofs; the average distance between the
eaves and ridge level for gable, hip, and gambrel roofs; and to the
deck level for mansard roofs. Notwithstanding the above, where any
finished grade at a building corner shall be three feet or more above
the original grade, the original grade at such building corner shall
be utilized in the calculation of the average elevation of the finished
grade.
[Amended 12-15-1998 by Ord. No. 94-98; 2-19-2013 by Ord. No. 3-2013]
A line formed by the intersection of a horizontal plane and
vertical planes which coincide with the outermost surfaces of the
building and is projected to the ground surface. For a cantilevered
section of the building, the vertical planes shall coincide with the
outermost wall surfaces of the cantilevered section. All yard requirements
shall be measured to the building line.
A building within which is conducted the main or principal
use of the lot on which said building is situated.
A governmental acquisition of real property or major construction
project.
A story partly underground and having more than 1/2 of its
clear height below the mean elevation of the finished lot grade at
the front building line.
A certificate issued by the Construction Official upon completion of construction or alteration of a building to acknowledge compliance with the requirements of this chapter, such adjustments thereto granted by the Planning Board, and/or all other applicable requirements, or such a certificate issued by the Code Enforcement Officer upon change in occupancy of any apartment, dwelling or lodging unit as set forth in § 130-79, Inspection of dwellings and standards, and thereby granting the owner/tenant the right to occupy and otherwise make legal use of the premises.
A change from a permitted use to one not permitted under
the zoning provisions of this chapter.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
The officer of the Borough of Sea Bright who shall enforce § 130-79, Inspection of dwellings and standards.
Any motor vehicle which is required by law to bear any license
plate other than that issued for passenger car use. Also, any motor
vehicle which, by reason of a characteristic coloring or marking exceeding
one square foot in area, is identified or commonly associated with
any business, industry or public agency shall be considered a commercial
vehicle within the terms of this chapter. A passenger car used in
business by a resident shall not be considered a commercial vehicle
if it does not conflict with the above definition thereof.
An application for development which complies in all respects
to the appropriate submission requirements set forth in this chapter.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the provisions of this chapter and upon the issuance
of an authorization therefor by the Planning Board.
The official appointed by the Borough of Sea Bright pursuant to the State Uniform Construction Code, as adopted by the Borough in Chapter 70, Building Construction, Article I, Uniform Construction Code, of the Code of the Borough of Sea Bright, and charged with the responsibility of issuing building permits and certificates of occupancy.
Development other than planned development or clustering.
A composite of the Master Plan for the physical development
of Monmouth County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the Monmouth County
Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The established elevation of the curb top at (or adjacent
to) the midpoint of the front lot line.
Calendar days.
Dwelling units per acre.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels.
The construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to this chapter.
A sign which serves as an aid to motorists using the parking
facilities of some establishment, which sign does not itself advertise
the establishment and which meets the size requirement of this chapter.
The volume of water flowing past a given point per unit of
time and as measured in cubic feet per second.
Any activity which involves the clearing, excavating, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of erosion.
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 or alleviation of flooding.
[Amended 12-15-1998 by Ord. No. 94-98]
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.
Any watercourse, trench, ditch, depression or other hollow
space in ground, natural or artificial, which collects or disperses
surface water from land.
A building, or part thereof, having cooking and sanitary
facilities, occupied or intended to be occupied exclusively for residential
purposes by one family.
[1]The right of the Borough, county, state, sewerage authority
or other public or quasi-public agency, their agents, servants and
employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
Any obstruction within a delineated floodway.
A municipal advisory body created pursuant to P.L. 1968,
c. 245.
[2]The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
Removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surfaces or beneath the land surface, whether exposed
or submerged. Normal agricultural activities shall not be considered
to be excavation.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A constructed barrier of wood, masonry, stone, wire, metal
or any other nonvegetative material, or combination of such materials,
erected for the enclosure or screening of yard area or other areas
on a lot.
Sand, gravel, earth or other materials placed or deposited
within the floodway so as to form an embankment or raise the elevation
of the land surface.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
[Amended 12-15-1998 by Ord. No. 94-98]
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.
A temporary rise in stream level that results in inundation.
The relatively flat area adjoining any natural or man-made
stream, pond, lake, river, bay or any other body of water which is
subject to a 100-year flood.
The official appointed by the Borough of Sea Bright and charged with the responsibility of assisting in the daily implementation of the Borough's flood-loss-reduction activities, including enforcing Chapter 115, Floodplain Management Regulations,[3] updating flood maps, plans, and policies of the community, any of the activities related to administration of the National Flood Insurance Program (NFIP) and assisting the Construction Official in enforcing and implementing Uniform Construction Code issues arising under Chapter 115, Floodplain Management Regulations.
[Added 2-19-2013 by Ord. No. 3-2013]
The aggregate area of the floor or floors of a building(s)
which have at least a five-foot floor-to-ceiling height measured between
the inside face of exterior walls or from the center line of walls
separating two separate units within the building.[4]
A structure for the enclosed parking of vehicle(s).
The Mayor and Council of the Borough of Sea Bright.
The elevation of the center line of the streets as officially
established by Borough authorities.
The completed surfaces of lawn, walks and roads brought to
grades as shown on official plans or designs relating thereto.
[5]An area of land utilized for the landing and takeoff of helicopters
for noncommercial and emergency purposes. A helistop shall not provide
for, nor include, fueling or maintenance of helicopters. Helicopters
shall not be parked at the helistop except when loading and discharging
passengers.
[Added 7-15-2003 by Ord. No. 10-2003]
The street curbed and paved in accordance with the standards
set forth in this chapter for new streets or alternatively a street
which has been surfaced and which has been accepted and maintained
by Sea Bright, Monmouth County or the State of New Jersey.
Street paving and the widening, extension or modification
of existing paving, curbs, sidewalks, bikeways, storm drains or appurtenances,
drainage structures, culverts, fire hydrants, driveways, sanitary
sewers, water mains or appurtenances, gutters, street signs, streetlighting,
retaining walls and the like.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any court or in any administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or under any law of this state or
of the United States or has been denied, violated or infringed by
an action or a failure to act under this chapter.
Any ground, soil or earth, including sandy areas, marshes,
swamps, drainageways and areas not permanently covered by water. The
term "land" includes improvements and fixtures on, above or below
the surface.
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.
The area of a lot expressed in square feet or acres, excluding
any portion thereof situated in a public right-of-way.
The ratio between the area which is improved and overlain
by structures and/or materials which result in the reduction and/or
prevention of absorption of water into the ground and the lot area,
expressed in terms of a percentage of the total area.
[Amended 4-7-2009 by Ord. No. 1-2009]
The shortest distance measured on a horizontal plane between
the front lot line and a line drawn perpendicular to the front lot
line through the midpoint of the rear lot line. (If the front lot
line is curved, the line shall be drawn perpendicular to the chord
of the front lot line.)
A lot line or portion thereof which is coexistent with a
street line. In the case of a street of undefined width, said lot
line shall be assumed to parallel the center line of the street at
a distance 25 feet therefrom. In the case of corner lots, the smaller
of the two lot lines coexistent with street lines shall be considered
as the frontage.
A mapped line which indicates the front, side and/or rear
boundary of a lot.
The horizontal distance between the side lot lines measured
between the points at which the rear line of the required front yard
area intersects the side lot lines.
The lot at the junction of and abutting on two or more intersecting
streets.
A lot other than a corner lot.
Any security which may be accepted by the Borough for the
maintenance of any improvement required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 12-15-1998 by Ord. No. 94-98]
Any site plan not classified as a minor site plan or exempted
site plan.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the Borough of Sea Bright as set forth in and adopted
pursuant to N.J.S.A. 40:55D-28.
A development plan of one or more lots, which proposes new
development within the scope of development specifically permitted
by ordinance as a minor site plan; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-42); and contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
[Amended 12-15-1998 by Ord. No. 94-98]
A subdivision of land resulting in not more than two lots,
plus the remainder of the original lot (totaling three lots) all fronting
on an existing improved street, provided that such subdivision does
not involve a planned development, any new street or the extension
of any off-tract improvement and does not require the granting of
any variance.
[Amended 12-15-1998 by Ord. No. 94-98; 12-21-1999 by Ord. No. 119-99]
A movable or portable permanent residential dwelling unit
on a chassis.
The Planning Board of the Borough of Sea Bright or the Mayor
and Council of the Borough of Sea Bright, when acting pursuant to
this chapter, and any agency which is created by or responsible to
the Borough and one or more other municipalities when such agency
is acting pursuant to this chapter.
A lot, the area, dimension or location of which was lawful
prior to the effective date of this chapter, its revision or amendment,
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension, or location of which was
lawful prior to the effective date of this chapter, its revision or
amendment, which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
A use or activity which was lawful prior to the effective
date of this chapter, its revision or amendment, but fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A condition of an activity or use being upon a lot and/or
within a building.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of County
Commissioners of Monmouth County pursuant to N.J.S.A. 40:27-5.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A map adopted by the Borough of Sea Bright pursuant to N.J.S.A.
40:55D-32 et seq.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, designated or reserved for public or private use or
enjoyment or for the use and enjoyment of owners and occupants of
land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
[Amended 12-15-1998 by Ord. No. 94-98]
An area nine feet wide and 18 feet long used for the parking
of motor vehicles exclusive of passageways and driveways appurtenant
thereto. Passageways, aisles or driveways between the parking spaces
shall be a minimum of 22 feet in width.
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 of a public hearing by statute or this
chapter.
Any security which may be accepted by the municipality, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 12-15-1998 by Ord. No. 94-98]
A certificate issued by the Construction Official authorizing
the construction, reconstruction, remodeling, alteration or repair
of a building or other structure upon approval of the submitted application
and plans.
[6]A permit issued by the Construction Official for a use specified
as a conditional use in any section of this chapter and approved by
the Planning Board in accord with all procedures of this chapter.
A permit that may be issued by the Construction Official
upon the written direction of the Planning Board and which shall be
effective for a period of six months only.
See "permit, building."
The Municipal Planning Board established pursuant to Article III of this chapter.
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Borough Engineer
(with consent of the Board) to render engineering services and advice
to the Board. In the absence of specific appointment of a Planning
Board Engineer, the Borough Engineer may assume the duties of the
office.
A map or maps of a subdivision or site plan.
The condition of the site previous to any modification of
the land requiring municipal agency approval.
The conferral of certain rights pursuant to Article X of this chapter prior to final approval after specific elements of a development plan or subdivision have been agreed upon by the municipal agency and the applicant.
The main or principal activity or structure on a lot.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
The land reserved or dedicated for the installation of stormwater
sewers or drainage measures, surface water runoff control measures
and soil erosion and sedimentation control measures or required along
a natural stream or watercourse for preserving the channel and providing
for the flow of water to safeguard the public against flood damage,
sedimentation and erosion.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
Any public utility regulated by the Board of Public Utilities
and defined pursuant to N.J.S.A. 48:2-13.
[Amended 12-15-1998 by Ord. No. 94-98; at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
The majority of the full authorized membership of a municipal
agency.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on the average, equals or exceeds
25% of the market value of the structure before the damage occurred.
[Added 4-16-2013 by Ord. No. 8-2013]
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
[Amended 12-15-1998 by Ord. No. 94-98]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new street 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 other instrument.
[7]Any structure which lacks one or more basic amenities or
utilities required for year-round occupancy or uses such as a permanent
heating system, insulation and/or year-round usable plumbing. Height
and bulk requirements for accessory structures shall be applicable
to all seasonal structures.
[Added 2-19-2013 by Ord. No. 1-2013]
The term used to refer to the shortest horizontal dimension
between a building and the lot line on that side of a building.
[8]A device or structure used for giving directions or for other
visual communications (including signs painted on buildings).
The surface area of a sign contained within its frame or
edge. The area of signs having an irregular shape or letter signs
shall be that area contained within the smallest regular rectangle
encompassing all component parts of the sign.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed building,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; the location of all existing and proposed soil
erosion and sedimentation control measures; the location of existing
and proposed surface water runoff control measures; and any other
information to make an informed determination with regard to application
for approval of site plans.
A subdivision plan of sufficient accuracy to be used for
the purpose of discussion and classification and further meeting the
requirements set forth herein for a sketch plat.
All unconsolidated mineral and organic material of any origin.
A scheme which indicates land treatment measures, including
a schedule of the timing of their installation, to minimize soil erosion
and sedimentation before, during and after disturbance.
That portion of a building including between a floor and
the floor next above it, or if there be no floor above it, then the
space between a floor and the ceiling or roof next above it. "Story"
is defined as livable space and does not include a ground floor garage
or storage area.
[Amended 6-16-2009 by Ord. No. 11-2009]
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which, on at least two opposite exterior
walls, are not more than two feet above the floor.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action or a street or way on a plat
duly filed and recorded in the office of the county recording officer
prior to the appointment of a Planning Board, and the grant to such
Board of the power to review plats. A street shall be deemed to include
all the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, streets shall be classified as follows:
[Amended 12-15-1998 by Ord. No. 94-98]
Major street. Major streets shall be as shown
on the Master Plan of the Borough.
Collector street. Collector streets are those
which connect minor and major streets, provide access to community
facilities and are primarily intended for the use of neighborhood
traffic. Such streets should be as designated by the Planning Board
in reviewing each subdivision application.
Minor streets. A minor street is that which
is used primarily for access to abutting land.
Marginal access streets. A marginal access street
is one which parallels and is contiguous to a major street and is
designed to provide access to abutting land.
Existing and dedicated improved street. As applied
to minor subdivision, "existing and dedicated improved street" means
any dedicated street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is presently maintained by the state, county
or municipality, which by reason of its conditions can be traversed
at all times of the year by modern motor vehicles and which provides
adequate access for firefighting equipment, ambulances and other emergency
vehicles necessary for the protection of health and safety.
A lot line adjacent to the right-of-way of any public street
as defined in this chapter, said line delineating the extent of public
ownership.
The same as "alterations."
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
[Amended 12-15-1998 by Ord. No. 94-98]
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 N.J.S.A. 40:55D-1 et seq. if no new streets are created:
divisions of land found by the Planning Board appointed by the Chairperson
to be for agricultural purposes where all resulting parcels are five
acres or larger in size; divisions of property by testamentary or
intestate provisions; divisions of property upon court order, including
but not limited to judgments of foreclosure; consolidation of existing
lots by deed or other recorded instrument; and the conveyance of one
or more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
Zoning Officer to conform to the requirements of this chapter and
are shown and designated as separate lots, tracts or parcels on the
Tax Map or atlas of the Borough. The term "subdivision" shall also
include the term "resubdivision."
[Amended 12-15-1998 by Ord. No. 94-98; at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. "Substantial damage" shall also mean flood-related
damage sustained by a structure on two separate occasions during a
ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
value of the structure before the damage occurred.
[Added 4-16-2013 by Ord. No. 8-2013]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which exceeds 50% of the market value
of the structure before the start of construction of the improvement.
When the combined total of all improvements or repairs made after
the adoption of this regulation equals or exceeds 50% of a structure's
market value, that structure is considered to be substantially improved.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Added 4-16-2013 by Ord. No. 8-2013]
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
All water standing or flowing upon the surface of the land.
A plan which fully indicates sufficient surface runoff control
measures to effectively minimize surface water runoff damage before,
during and after land disturbance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A temporary, portable structure or canopy for protection
of animate or inanimate objects from weather or environment by at
least partially covering or enclosing objects. These shelters essentially
comprise:
[Added 4-7-2009 by Ord. No. 1-2009]
The specific purpose or activity for which land or a structure
is designed, improved or otherwise employed.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to N.J.S.A. 40:55D-40, 40:55D-60 and 40:55D-70.
[Amended 12-15-1998 by Ord. No. 94-98]
Any natural or artificial path of water movement having eroded
banks, beds, boundaries or channels, whether perennial or intermittent,
as well as the land thereunder. Where the level of water varies with
the season, the annual rainfall and/or other factors, natural or artificial,
it shall be measured by reference to the high-water mark.
An open, unoccupied space on a lot situated between the street
line and the front building line of the building nearest thereto,
extending to the side lot lines; also, any yard facing a street. The
depth of a front yard shall be measured at right angles to the street
line or, in the case of a curved street line, at right angles to the
tangents to the street line.
A yard extending across the full width of the lot situated
between the rear lot line and the rear building line of the building
nearest thereto. The depth of a rear yard shall be measured at right
angles to the rear lot line or, in the case of a curved lot line,
at right angles to the tangents to the lot line.
An open, unoccupied space between the side lot line and the
building line of the building nearest thereto, extending from the
front yard to the rear yard, or in the absence of either, to the street
or rear lot lines as the case may be. The width of a side yard shall
be measured at right angles to the side lot line, or in the case of
a curved lot line, at right angles to the tangents to the lot line.[9]
Either the Construction Official or another individual duly
appointed by the Borough of Sea Bright. Any references herein to Zoning
Officer shall be construed to refer to either the Construction Official
or another individual duly appointed as Zoning Officer.
[Amended 6-1-1999 by Ord. No. 102-99]
A document signed by the Construction Official which is required
by this chapter 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 which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom pursuant to N.J.S.A. 40:55D-60
and 40:55D-70.
[Amended 12-15-1998 by Ord. No. 94-98]
[1]
Editor's Note: The definition of "dwelling
unit, efficiency apartment" which immediately followed this definition
was repealed 12-15-1998 by Ord. No. 94-98.
[2]
Editor's Note: See N.J.S.A. 40:56A-1 et seq.
[3]
Editor's Note: The title of this chapter was changed from
"Flood Damage Prevention" to "Floodplain Management Regulations" 6-1-2022 by Ord. No. 06-2022.
[5]
Editor's Note: The definition of "helistop,"
added 11-21-2000 by Ord. No. 19-00, which immediately followed this
definition, was repealed 2-20-2001 by Ord. No. 4-01.
[6]
Editor's Note: The definition of "permit,
certificate of occupancy" which immediately followed this definition
was repealed 12-15-1998 by Ord. No. 94-98.
[7]
Editor's Note: The definition of "reviewing
board" which immediately followed this definition was repealed 12-15-1998
by Ord. No. 94-98.
[8]
Editor's Note: The definition of "Shade Tree
Commission" which immediately followed this definition was repealed
12-15-1998 by Ord. No. 94-98.
[9]
Editor's Note: The definition of "Zoning Board of Adjustment,"
which immediately followed this definition, was repealed 4-17-1989.
