For the purpose of this chapter, certain phrases and words are
herein described as follows: Words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; the word "used" shall also include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "lot" includes the word "plot" and "premises;" the
word "building" includes the word "structure," "dwelling" or "residence;"
the word "shall" is mandatory and not discretionary. Any word or term
not defined herein shall be used with a meaning as defined in Webster's
Third New International Dictionary of the English Language, unabridged
(or latest edition). Moreover, whenever a term is used in this chapter
which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended
to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless
specified to the contrary in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Means a self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
[Added 2-26-2019 by Ord.
No. 2019-02]
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. Any
building or structure on a lot, other than the principal building
or structure, shall be considered an accessory structure except that
an accessory building or structure that is attached to the principal
building shall be considered part of the principal building.
[Amended 11-25-2008 by Ord. No. 2008-010]
Means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
[Added 2-26-2019 by Ord.
No. 2019-02]
Means constructed in compliance with the technical design
standards of the Barrier Free Sub-code, N.J.A.C. 5:23-7.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the entity responsible for the administration of affordable
units in accordance with this ordinance, N.J.A.C. 5:96, N.J.A.C. 5:97
and N.J.A.C. 5:80-26.1 et seq.
[Added 2-26-2019 by Ord.
No. 2019-02]
The Secretary of the Borough of Spring Lake Planning Board
unless a different municipal official is designated by this chapter
to administer certain responsibilities and authorities specified for
the Administrative Officer in N.J.S.A. 40:55D-1 et seq.
[Amended 9-5-2006 by Ord.
No. 16-2006]
Means a regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means, a sales price or rent within the means of a low- or
moderate-income household as defined in N.J.A.C. 5:97-9; in the case
of an ownership unit, that the sales price for the unit conforms to
the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and
supplemented, and, in the case of a rental unit, that the rent for
the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12,
as may be amended and supplemented.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a housing development all or a portion of which consists
of restricted units.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or structure that provides for-sale or rental dwelling units
for low & moderate income households within a residential use,
structure, supportive or special needs dwelling, or residential component
of a mixed-use development in accordance with the requirements of
the Borough of Spring Lake's affordable housing ordinances and Housing
Element & Fair Share Plan.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means any mechanism in a municipal Fair Share Plan prepared
or implemented to address a municipality's fair share obligation.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a housing unit proposed or created pursuant to the
Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an
affordable housing trust fund.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the New Jersey Housing and Mortgage Finance Agency
established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80 percent of the
units are occupied by one person that is 55 years or older; or 3)
the development has been designated by the Secretary of the U.S. Department
of Housing and Urban Development as "housing for older persons" as
defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
[Added 2-26-2019 by Ord.
No. 2019-02]
Any change in or additions to the supporting members of a
building such as walls, columns, beams, girders, posts or piers.
The landowner or the agent, optionee, contract purchaser
or other person authorized to act for and acting for the landowner
submitting an application under this chapter.
The application or appeal forms and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, conditional use, zoning variance or direction for issuance of
a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
A structure that provides an open, sunken space next to and
attached to a building to provide light and air to a cellar or basement,
the outside foundation perimeter of which projects more than 24 inches
from the face of the building or which open space extends more than
24 inches below grade. Areaways shall be considered part of the building
foundation and included in the building area, as defined in this section.
[Added 11-25-2008 by Ord.
No. 2008-012; amended 4-10-2012 by Ord. No. 2012-005]
Means a facility licensed by the New Jersey Department of
Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
[Added 2-26-2019 by Ord.
No. 2019-02]
That portion of a building partly below and partly above
grade, where the finished floor elevation (first floor) averages five
feet, or more than five feet, above the finished grade and where such
grade meets the outside walls of the foundation.
[Amended 4-10-2012 by Ord. No. 2012-005]
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than that on a
building or its grounds giving the name and occupation of the user
of the premises, the nature of the business conducted therein or the
products primarily sold or manufactured therein.
Borough of Spring Lake, Monmouth County, New Jersey.
Any structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, piers or walls
and intended for the shelter, business, housing or enclosing of persons,
animals or property. Accessory structures attached to a building shall
be considered part of a building.
[Amended 11-25-2008 by Ord. No. 2008-010]
The square footage or other measurements by which all buildings
occupy a lot as measured on a horizontal plane around the periphery
of the foundations, including additionally the area under the roof
of any structure supported by columns, but not having walls, as measured
around the outside of the outermost extremities of the roof above
columns, the area of any floor or deck above 24 inches as determined
by these ordinances extended or cantilevered beyond the periphery
of the foundation and the area of any accessory structure attached
to a building.
[Amended 11-25-2008 by Ord. No. 2008-020; 5-24-2016 by Ord. No. 2016-003]
The area of the principal building or structure on a property,
expressed as a percentage of the lot area.
[Added 11-25-2008 by Ord.
No. 2008-010]
The vertical distance to the highest point of the roof. The
vertical distance shall be measured from the existing curb height
along the street line at the midpoint of the lot frontage (proposed
curb height shall be used for new construction) for principal buildings
and from the average existing grade at the perimeter of a building
for accessory buildings. In the case of a corner lot, building height
shall be measured from the curb height along the street line upon
which the building fronts as defined in the chapter.
Notwithstanding the above, the following shall apply to structures
located within the AE Flood Zone as shown on the most current FEMA —
Flood Insurance Rate Map (FIRM) or Advisory Base Flood Elevation Map
(ABFE), with the exception of properties with a valid Letter of Map
Revision (LOMR) or Letter of Map Amendment (LOMA):
Existing principal dwellings in the AE Zone can be raised so
that the finished floor elevation (FFE) is a maximum of three feet
above the base flood elevation as determined by the FIRM or the ABFE
provided that the resulting building height, as defined above, does
not exceed 42 feet.
New or reconstructed dwellings constructed in the AE Zone shall
be permitted to have the finished floor a maximum of three feet above
the base flood elevation as determined by the FIRM or the ABFE provided
that the highest point of the roof is no more than 32 feet above the
finished floor elevation (FFE).
Stairs and landings required to be extended as a result of an
existing dwelling being raised shall be permitted to extend into any
required setback a distance deemed necessary by the Zoning Review
Agent and Construction Code Official based on the access requirements
of the Uniform Construction Code.
The three feet limitation above the FIRM or the ABFE shall not
apply to existing homes being raised that meet the definition of cellar
and building height as provided herein. Building height should be
no more than 35 feet as measured from the top of the curb at the midpoint
of the lot.
[Amended 8-28-2000 by Ord. No. 27-2000; 1-16-2001 by Ord. No. 1-2001; 11-25-2008 by Ord. No. 2008-010; 11-21-11 by Ord. No. 2011-013; 3-26-2013 by Ord. No. 2013-003; 4-23-2013 by Ord. No. 2013-008; 9-24-2013 by Ord. No. 2013-011]
That portion of a building partly below and partly above
grade, where the finished floor elevation (first floor) averages less
than five feet above the finished grade where such grade meets the
outside walls of the foundation.
[Amended 4-10-2012 by Ord. No. 2012-005]
Means a household that has been certified by an administrative
agent as a low-income household or moderate-income household.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the New Jersey Council on Affordable Housing established
under the Fair Housing Act of 1985.
[Added 12-7-1998 by Ord.
No. 25-1998; amended 2-26-2019 by Ord. No. 2019-02]
An application form completed as specified in this chapter and
the rules and regulations of the Borough and all accompanying documents
required by this chapter 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 revisions to the accompanying
documents as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development have been met.
The application shall not be deemed incomplete for lack of any
additional information or any revisions to 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 Borough, and
shall be deemed complete as of the day it is certified by the Administrative
Officer for the purpose of the commencement of the time period for
action by the municipal agency.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this chapter.
Means new construction and additions, but does not include
alterations, reconstruction, renovations, and repairs as those terms
are defined under the State Uniform Construction Code promulgated
pursuant to the "State Uniform Construction Code Act," P.L. 1975,
c.217 (C.52:27D-119 et seq.).
[Added 2-26-2019 by Ord.
No. 2019-02]
An open, unroofed structure or platform that is attached
to or adjoining the outside of a building. A deck that is 24 inches
or more above the adjacent grade ofthe property at any point, including
any associated railings or appurtenances, shall be included in building
coverage. A deck that is not 24 inches or more above the adjacent
grade of the property at any point, including any associated railing
or appurtenances, shall not be included in building coverage but shall
be no greater in total area than 5% of the lot area of the property
upon which it exists. Decks constructed of any impervious material
shall count 100% towards the overall impervious coverage of the property.
All decks shall be set back six feet from any property line.
[Added 11-25-2008 by Ord.
No. 2008-010; amended 5-24-2016 by Ord. No. 2016-003; 7-26-2022 by Ord. No. 2022-007]
Means a housing unit with health and safety code violations
that require the repair or replacement of a major system. A major
system includes weatherization, roofing, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems),
lead paint abatement and/or load bearing structural systems.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the Department of Community Affairs of the State of
New Jersey, that was established under the New Jersey Fair Housing
Act (N.J.S.A. 52:27D-301 et seq.).
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the State of New Jersey Department of Community Affairs.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use 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 N.J.S.A. 40:55D-1 et seq.
[Amended 2-26-2019 by Ord. No. 2019-02]
Means money paid for an individual, person, partnership,
association, company or corporation for the improvement of property
as permitted in COAH rules and regulations pursuant to N.J.A.C. 5:93-8,
Development Fees.
[Added 12-7-1998 by Ord.
No. 25-1998; amended 2-26-2019 by Ord. No. 2019-02]
A projection from a sloping roof that contains a window which
shall not exceed 10 feet in length measured along its long wall for
a shed dormer and measured at the midpoint of the height for a gable
or gambrel dormer, and is set back a minimum of 2 feet from the exterior
vertical building wall beneath the dormer. An exception is made for
a dormer that results from stairs on an outside wall, which is permitted
to be flush with the exterior vertical building wall against which
the stairs are constructed. A dormer must include a window. Minimum
roof pitch for a dormer shall be no less than six (6) on twelve (12).
[Added 7-26-2022 by Ord. No. 2022-007]
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
unit shall be self-contained and shall not require the use of outside
stairs, common hallways, passing through another dwelling unit or
other indirect route(s) to get to any portion of the dwelling unit,
nor shall there be shared facilities with another housekeeping unit.
[Amended 10-7-2002 by Ord. No. 26-2002]
DETACHED SINGLE-FAMILYA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one housekeeping unit which has its own sleeping, sanitary and general living facilities.
A use or burden imposed on real estate or other legal means
to permit the use of land by the municipality, the public, a corporation,
or particular persons for specific uses.
Means the assessed value of a property divided by the current
State equalization ratio for the Borough. Estimates at the time of
building permit may be obtained by the Borough Tax Assessor utilizing
estimates for construction cost. Final equalized assessed values shall
be determined at project completion by the Borough Assessor.
[Added 12-7-1998 by Ord.
No. 25-1998; amended 2-26-2019 by Ord. No. 2019-02]
A family shall consist of a group of persons, whether related
or unrelated, not larger in number than any dwelling occupied or to
be occupied by such group of persons, whether related or unrelated,
may accommodate under the applicable Housing Code provisions, which
constitutes a single bona fide housekeeping unit. This definition
shall not include any society, club, fraternity, sorority, association,
lodge, organization, or similar group. A single bona fide housekeeping
unit for purposes of this chapter is a relationship between persons
for maintaining a common household or family relationship on a permanent
basis or for indefinite period of time. It does not include any group
of persons, whether related or unrelated, whose use or occupancy of
any dwelling is or is intended to be temporary or seasonal in duration.
The definition of "family" above is intended to be read in conjunction
with the definition of "dwelling unit."
[Added 11-28-1983 by Ord.
No. 10-1983]
The plan projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section, provided that
the area under any roof overhang of four feet or less shall not be
included in the GFA calculation. Basements which satisfy applicable
construction definitions of habitable space are included in the GFA
for residential uses.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 7 1/2 feet including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas but excluding garages,
carports, parking spaces, cellars, half-stories and unfinished attics
and basements.
A building or structure intended or suitable for the storage
of motor-driven vehicles.
[Added 10-22-2001 by Ord.
No. 27-2001]
A garage used as an accessory building to the principal building,
which provides for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
[Added 10-22-2001 by Ord.
No. 27-2001]
A garage conducted as a business. The rental of storage space
for more than two motor vehicles not owned on the premises shall be
deemed a "public garage."
[Added 10-22-2001 by Ord.
No. 27-2001]
Attic space above second story which shall have a pitched
roof to begin at within 12 inches of the ceiling joists line of the
story below. Such attic space, if finished, shall have a minimum vertical
wall of five feet in a finished area including deck and balcony space
not to exceed 50% of the second story living space in the case of
a two and one-half (2 1/2) story structure. Chimneys shall not be
elevated more than three feet above the established ridge height.
Decorative structures such as, but not limited to, railings, widow
walks, parapets, etc., are not allowed to be more than an additional
two feet above the established ridge height. Dormers attached to half-stories
must meet the setback requirements included in the definition of dormers.
[Added 8-28-2000 by Ord.
No. 27-2000; amended 7-26-2022 by Ord. No. 2022-007]
A building designed for occupancy primarily as a temporary
abode of individuals, with or without meals, in which there are more
than 10 sleeping rooms; where incidental business may be conducted;
where there may be clubrooms, ballrooms and common dining facilities;
and where such services as maid, telephone and postal services are
provided.
One or more persons living together in one dwelling on a
nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Any natural or manmade surface including plastic sheets which
does not permit infiltration of water and causes surface runoff. All
buildings, parking areas, driveways (whether gravel or paved), roads,
sidewalks, and any areas in concrete and asphalt shall be considered
impervious surfaces within this definition. In addition, other areas
determined by the Borough Engineer to be impervious within the meaning
of building and impervious surface coverage calculations required
in this Chapter, porous asphalt and concrete shall be deemed to be
an impervious surface. Decks attached to and part of the principal
structure shall not be considered an impervious surface provided:
the deck is not roofed or otherwise covered by an impervious surface;
the deck surface contains openings which permit the free penetration
of runoff through the surfacing; and the area under any such deck
shall not be an impervious surface as defined herein. Any generators
or generator pads of 25 square feet or less shall not be considered
as impervious surface as defined herein.
[Added 10-10-2000 by Ord.
No. 31-2000; amended 12-18-2000 by Ord. No. 37-2000; 10-22-2001 by Ord. No. 28-2001; 10-14-2014 by Ord. No. 2014-014]
A measure of the intensity of use of a piece of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the net site area as defined herein. Decks attached
to and part of the principal structure shall not be considered an
impervious surface, provided that the deck is not roofed or otherwise
covered by an impervious surface; the deck surface contains openings
which permit the free penetration of runoff through the deck surfacing,
and the area under any such deck shall not be an impervious surface
as defined herein. Any generators or generator pads of 25 square feet
or less shall not be considered as impervious surface as defined herein.
[Added 10-10-2000 by Ord.
No. 31-2000; amended 12-18-2000 by Ord. No. 37-2000; 10-9-2001 by Ord. No. 28-2001; 10-14-2014 by Ord. No. 2014-014]
Means a development containing both affordable units and
market rate units. Inclusionary developments that has five or more
units must have a minimum twenty percent set aside of affordable units
if it is for sale and a minimum fifteen percent set aside for rentals.
This term includes, but is not necessarily limited to: new construction,
the conversion of a non- residential structure to residential and
the creation of new affordable units through the reconstruction of
a vacant residential structure.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a determination issued by the Superior Court approving
the Borough's affordable housing plan to satisfy its fair share obligation.
[Added 2-26-2019 by Ord.
No. 2019-02]
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
[Added 12-7-1998 by Ord.
No. 25-1998]
Any space, outside a building, used for storage, keeping
or abandonment of junk, including scrap metals or other scrap materials,
or for the dismantling, demolition, salvage, resale or abandonment
of automobiles or other vehicles or machinery or parts thereof, excepting
that up to one unlicensed vehicle, in need of repair, may be situated
on any lot within the Borough for a period not exceeding two months,
provided that said vehicle is located in side or rear yard areas only.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
Any parcel of land separated from other parcels or portions
as by a subdivision plat or deed record, survey map or by metes and
bounds, except that, for the purpose of this chapter, contiguous undersized
lots under one ownership shall be considered one lot and further that
no portion of an existing public street shall be included in calculating
a lot boundary or lot area.
The area contained within the lot lines of a lot not including
any portion of a street right-of-way.
A lot at the intersection of and having frontage on two or
more streets where the interior angle of intersection does not exceed
135°. Each corner lot shall have two front yards, one side yard
and one rear yard. The rear yard shall be the yard opposite the narrower
street frontage, regardless of the orientation of the principal structure,
except where the street frontages are equal the rear yard shall be
the yard opposite the front door of the principal structure. In the
case of developed properties with existing principal buildings already
constructed thereon, the rear and side yards shall be determined as
those which meet or most closely meet the setback requirements.
[Amended 11-25-2008 by Ord. No. 2008-010]
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
|
PARALLEL TO STREET THRU
LOT DEPTH MIDPOINT OF REAR LOT LINE
 |
The horizontal distance between lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width. In the case of a corner lot, either street frontage which
meets the minimum frontage required for that zone may be considered
the lot frontage.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
A parcel of land, other than a corner lot, that has frontage
on two or more streets. Each through lot shall have one front, one
rear and two side yards. The front yard shall be the yard at the front
of the principal structure, and the rear yard shall be the yard opposite
the front of the principal structure.
[Added 11-25-2008 by Ord.
No. 2008-010]
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line.
Means a household with a total gross annual household income
equal to 50 percent or less of the median household income.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a restricted unit that is affordable to a low-income
household.
[Added 2-26-2019 by Ord.
No. 2019-02]
Any security acceptable to the Borough Council to assure
the maintenance of duly approved improvements installed by the developer
after the final inspection of the improvements and in accordance with
this chapter.
Means the primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means housing not restricted to low- and moderate-income
households that may sell or rent at any price.
[Added 2-26-2019 by Ord.
No. 2019-02]
A composite of a mapped and written proposals recommending
the physical development of the municipality which shall have been
adopted by the Planning Board.
Means the median income by household size for the applicable
county, as adopted annually by the Department.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a household with a total gross annual household income
in excess of 50 percent but less than 80 percent of the median household
income.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a restricted unit that is affordable to a moderate-income
household.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a structure or building that encompasses two or more
different land uses, which shall be a retail or commercial component
and a residential component, whereby any commercial use must be on
the ground floor of said building or structure and the upper levels
of the structure shall be the residential component and shall provide
low and moderate income units, for-sale or rental, in accordance with
the requirements of the Borough of Spring Lake's affordable housing
ordinances and Housing Element & Fair Share Plan.
[Added 2-26-2019 by Ord.
No. 2019-02]
The act of modifying or the state of being modified; variation;
alteration; as used in this chapter, modification is intended to mean
a variation or nonstructural alteration to an existing structure,
conforming or nonconforming, either on the outside or inside of the
structure, without changing either the use of the structure or increasing
the occupancy of the structure.
[Added 12-23-1985 by Ord.
No. 18-1985]
The Planning Board, Board of Adjustment or Borough Council,
or any agency created or responsible to one or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
A measure of the area of a lot that is not restricted from
development by deed or environmental regulation including freshwater
and saline wetlands and required wetlands transition areas, floodplains,
stream encroachment areas and Federal Emergency Management Agency
(FEMA) special flood hazard areas as delineated on Flood Insurance
Rate Maps (FIRM).
[Added 10-10-2000 by Ord.
No. 31-2000; amended 12-18-2000 by Ord. No. 37-2000]
A lot of record which does not have the minimum width, frontage
or depth or contain the minimum area for the zone in which it is located.
A use occupying a building, structure or lot which does not
conform with the use regulations for the zone in which it is located.
Means any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means: (1) any building or structure, or portion thereof,
including but not limited to any appurtenant improvements, which is
designated to a use group other than a residential use group according
to the State Uniform Construction Code promulgated to effectuate the
"State Uniform Construction Code Act," P.L. 1975, c.217 (C.52:27D-119
et seq.), including any subsequent amendments or revisions thereto;
(2) hotels, motels, vacation timeshares, and child- care facilities;
and (3) the entirety of all continuing care facilities within a continuing
care retirement community which is subject to the "Continuing Care
Retirement Community Regulation and Financial Disclosure Act," P.L.1986,
c.103 (C.52:27D-330 et seq.).
[Added 2-26-2019 by Ord.
No. 2019-02]
An area not less than nine feet wide by 20 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for dwelling units from being considered off-street parking areas,
provided that no portion of such public driveway within the right-of-way
line of the street intersected by such driveway shall be considered
off-street parking space. The area is intended to be sufficient to
accommodate the exterior extremities of the vehicles, whether in addition
thereto wheel blocks are installed within this area to prevent the
bumper from overhanging one end of the parking space. The width and
length of each space shall be measured perpendicular to each other
regardless of the angle of the parking space to the access aisle or
driveway.
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PARKING SPACE DIAGRAM
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An open, unroofed structure, platform or deck that is less
than 24 inches above the adjacent grade of the property, including
any associated railings or appurtenances. All patios shall be set
back six feet from any property line. Patios constructed of wood decking
allowing runoff to penetrate the structure shall not be considered
impervious but will be limited to 5% of the lot area as defined by
"Deck" in this chapter.
[Added 11-25-2008 by Ord.
No. 2008-010; amended 5-24-2016 by Ord. No. 2016-003; 7-26-2022 by Ord. No. 2022-007]
Any security, in accordance with the requirements of this
chapter, which may be accepted in lieu of a requirement that certain
improvements be complete prior to final approval of a development
application including performance bonds, escrow agreements and other
similar collateral or surety agreements.
Any use of land or buildings as permitted by this chapter.
An open structure, platform or deck attached to or adjoining
the outside of a building, having a roof supported by columns, posts
or piers. Where a porch has been enclosed by screens or windows, whether
fixed or removable, it shall be considered a screened or sun porch,
but shall not be considered habitable floor area.
[Added 11-25-2008 by Ord.
No. 2008-010]
A building, structure or use that is the main or primary
building, structure or use on a property. Any accessory building or
structure that is attached to the principal building shall be considered
part of the principal building.
[Added 11-25-2008 by Ord.
No. 2008-010]
The main purpose for which a lot or building is used.
A lot, plot or parcel of land including whatever is erected
upon or affixed to the land.
[Added 3-9-2004 by Ord.
No. 7-2004]
The use of land or buildings by the governing body of the
Borough or any officially created authority or agency thereof.
Means a process by which currently income-eligible households
are selected for placement in affordable housing units such that no
preference is given to one applicant over another except for purposes
of matching household income and size with an appropriately priced
and sized affordable unit (e.g., by lottery).
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the maximum housing value in each housing region affordable
to a four-person household with an income at 80 percent of the regional
median as defined by the Department's adopted Regional Income Limits
published annually by the Department.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the repair, renovation, alteration or reconstruction
of any building or structure, pursuant to the Rehabilitation Sub-code,
N.J.A.C. 5:23-6.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means the gross monthly cost of a rental unit to the tenant,
including the rent paid to the landlord, as well as an allowance for
tenant-paid utilities computed in accordance with allowances published
by DCA for its Section 8 program. In assisted living residences, rent
does not include charges for food and services.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a dwelling unit, whether a rental unit or ownership
unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
[Added 2-26-2019 by Ord.
No. 2019-02]
The further division of a lot or the adjustment of a lot
line or lot lines.
A structure more than 18 inches in height erected between
land of different elevation to protect structures and/or prevent the
erosion of earth from the upper slope level. All structures 18 inches
or less in height shall be considered landscaping walls and shall
be permitted in the side and rear yards only. This definition shall
not apply to areaways or window wells.
[Added 10-22-2001 by Ord.
No. 29-2001; amended 4-10-2012 by Ord. No. 2012-005]
Lands and buildings providing for the sale of fuel, lubricants
and automotive accessories. Maintenance and minor repairs for motor
vehicles may be provided, but no body repairs or painting or the storage
of inoperable or wrecked vehicles shall be permitted. Additionally,
no car wash operation, car or truck rental, parking for a fee or other
activity not specifically a part of the service station use shall
be permitted.
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or lot line and
beyond which a building or part of a building is not permitted to
extend toward the street line or lot line.
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A triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than 12 inches above the street center
line, except for street signs, fire hydrants and light standards.
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illumination or
insignia is used to advertise or promote the interest of any person
or product when the same is placed in view of the general public.
A development of one or more lots on which is shown: a) the
existing and proposed conditions of the lot; b) the location of all
proposed buildings, drives, parking spaces, walkways, means of ingress
and egress, drainage facilities, utility services, landscaping, structures
and signs, lighting, screening devices; and c) any other information
that may be reasonably required in order to make an informed determination
concerning the adequacy of the plan in accordance with the requirements
of this chapter.
MINOR SITE PLANAny development plan which is limited to the proposed construction of any permitted use(s) within the RC or GC Districts, as such uses are specifically permitted in Article IV of this chapter, or any development plan consisting of an expansion of, or addition to, an existing structure and use within the RC or GC Districts, provided that such development plan does not involve a conditional use, a use variance, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of any adjoining property or properties.
MAJOR SITE PLANAny development not classified as a minor site plan.
The examination of the specific development plans for a lot
or tract of land. Whenever the term "site plan approval" is used in
this chapter, it should be understood to mean a requirement that the
site plan be reviewed and approved by the Board.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above, then the space between the floor and the ceiling
next above it. A basement shall be considered to be a story. A cellar
shall not be considered to be a story.
[Amended 8-28-2000 by Ord. No. 27-2000]
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way a) which is an existing state, county or municipal roadway
or b) which is shown on a plat heretofore approved, pursuant to law,
or c) which is approved by N.J.S.A. 40:55D-1 et seq., or which is
shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulder, gutters, sidewalks, parking areas
and other areas within the street line.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
A combination of materials forming a construction assembly
or erection for occupancy, use or ornamentation whether installed
on, above or below the surface of the property, including but not
limited to buildings, sheds, fences, walls, decks, platforms, signs,
towers, greenhouses, gazebos, pergolas, stairwells, window wells,
pillars, swimming pools, spas and hot tubs and cabanas.
[Amended 11-25-2008 by Ord. No. 2008-010]
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: a) divisions
of land found by the Planning Board to be for agricultural purposes
when all resulting parcels are five acres or larger in size; b) division
of property by testamentary or intestate provisions, provided the
division is in conformity with the applicable ordinance requirements;
c) divisions of property upon court order including, but not limited
to, judgments of foreclosure; d) consolidation of existing lots by
deed or other recorded instrument; and e) the conveyance of one or
more adjoining lots, tracts or parcels of land, owned by the same
person or persons and found and certified by the Construction Official
to conform to all requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the municipality. The term "subdivision" shall
also include the term "resubdivision."
MINOR SUBDIVISIONAny division of land containing an aggregate of not more than three lots (two new lots and the remaining parcel), each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of Borough facilities; not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions of the Master Plan, Official Map, or this chapter; not being a further division of an original tract of land for which minor subdivision(s) have been approved by the Borough within the current calendar year and where the combination of the proposed and approved minor subdivision(s) constitute a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance as shown on the Borough Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
The examination of the specific plat for a lot or tract of
land. Whenever the term "subdivision approval" is used in this chapter,
it shall be understood to mean a requirement that the subdivision
plat be reviewed and approved by the Board.
A pool that is not installed; does not exceed 36 inches in
depth; does not exceed a water surface area of 175 square feet; and
does not require braces or supports.
[Amended 11-25-2008 by Ord. No. 2008-012]
A pool that is artificially constructed, whether located
above or below ground; has a depth of more than 36 inches and/or a
water surface area of 175 square feet or more; is designed and maintained
for swimming and bathing by an individual for use by members of his
household and guests; and is located on a lot as an accessory use
to a detached dwelling.
[Amended 11-25-2008 by Ord. No. 2008-012]
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one tract, provided that a linear distance
equal to more than 75% of the frontage of the side of the street having
the largest street frontage lies opposite an equivalent linear distance
of street frontage on the other side of the street.
Means the Uniform Housing Affordability Controls set forth
in N.J.A.C. 5:80-26.1 et seq.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a household with a total gross annual household income
equal to 30 percent or less of the median household income.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means a restricted unit that is affordable to a very low-income
household.
[Added 2-26-2019 by Ord.
No. 2019-02]
Means building insulation (for attic, exterior walls and
crawl space), siding to improve energy efficiency, replacement storm
windows, replacement storm doors, replacement windows and replacement
doors, and is considered a major system for rehabilitation.
[Added 2-26-2019 by Ord.
No. 2019-02]
Any structure attached to a foundation not meeting the definition
of areaway.
[Added 4-10-2012 by Ord.
No. 2012-005]
An open space extending across the full width of the lot
and lying between the street line and any part of the front of the
principal building or structure on the lot. The depth of the front
yard shall be measured horizontally and at right angles to either
a straight street line or the tangent lines of curved street lines.
The minimum required front yard shall be the same as the required
setback.
[Amended 11-25-2008 by Ord. No. 2008-010]
An open space extending across the full width of the lot
and lying between the rear lot line and any part of the rear of the
principal building or structure on the lot. The depth of the rear
yard shall be measured horizontally and at right angles to either
a straight rear lot line or the tangent of curved rear lot lines.
The minimum required rear yard shall be the same as the required setback.
[Amended 11-25-2008 by Ord. No. 2008-010]
An open space extending from the front yard to the rear yard
and lying between each side lot line and any part of the side of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
line or the tangent lines of curved side lot lines.
[Amended 11-25-2008 by Ord. No. 2008-010]
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