[Ord. 97; 97-39. Amendments
noted where applicable.]
USAGE: For the purposes of this ordinance: Unless otherwise
defined in this Ordinance for the purpose of a specific Article or
Section, the following terms, whether or not capitalized, shall have
the meanings ascribed to them in this article. The present tense includes
the future and past; singular includes plural and vice versa; the
word "shall" is mandatory and not discretionary. The inclusion of
any definition shall not create a presumption that the building, structure,
area, use or other thing so defined is a permissible, accessory, conditional
or other use or right.
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 change or rearrangement in the supporting members of
a building such as walls, foundation, columns, or beams; or additions
to an existing structure requiring walls, foundations, columns, or
beams; or the moving of a structure from one location to another.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals) wireless telecommunication
signals or other communication signals.
[Ord. 97-29]
Any structure, part of a structure, extension thereof, or
addition thereto, having a roof supported by such things as columns
or walls and intended for the shelter, business, housing or enclosing
of persons, animals, or property.
The area of a lot covered by buildings measured on a horizontal
plane around the periphery of the foundation(s) and including the
area under the roof of any structure supported by columns, but not
having walls, as measured around the extremities of the roof above
the columns.
The vertical distance measured to the highest point of a
structure or building and measured from a mean elevation of the finished
grade five feet away from the foundation in the front yard. On a corner
lot, the height shall be measured on the street having the greatest
slope.
See "Principal Use".
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. 21-02]
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. 21-02]
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. 21-02]
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. 21-02]
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. 21-02]
A portion of a building having at least half its clear height
below average contact grade around the periphery of the foundation.
The increase in soil bulk density.
[Ord. 97-32]
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 contained in the zoning ordinance, and upon the issuance of an
authorization therefore by the Planning Board.
The officer appointed pursuant to law to administer and enforce
the State Uniform Construction Code, which person may be an employee
of the state or any political subdivision thereof.
[Ord. 97-39]
The agency designated by the Monmouth County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing
ordinance(s). The County Review Agency for Monmouth County is the
Monmouth County Planning Board.
[Ord. 97-32]
A number expressing dwelling units per acre.
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.
[Ord. 97-32]
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
[Ord. 97-32]
A division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or 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, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, 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.
[Ord. 97-32]
A housing unit containing sleeping rooms which shall contain
complete sanitary facilities, although not necessarily within individual
rooms, and contain facilities and equipment related to a dormitory
function such as kitchen, dining, recreation, libraries and instructional
facilities, occupied primarily by students or employees of a private
school located within the Borough of Roosevelt, excluding spouses
and children of such students and supervisory staff.
[Ord. 97-36]
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
[Ord. 97-32]
The land required for the installation and maintenance of
stormwater facilities and areas required along a stream for the purposes
of access and maintenance to preserve any channel and facilities providing
for the flow of water in accordance with Chapter One of Title 58 of
the revised statutes, as amended.
An area used for parking of vehicles, or for ingress and
egress of vehicles from a parking area, which provides direct access
from a public street to a building or other structure or facility;
provided that no area in which parking for a nonresidential principal
use is permitted shall be considered a driveway.
[Ord. 97-18]
A building which is designed or used exclusively as the living
quarters for one or more housekeeping units. Dwelling, Detached: A
building detached from another building and occupied or intended to
be occupied for residence purposes by one housekeeping unit and which
has its own cooking, sleeping, sanitary and general living facilities.
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, passing through another dwelling unit, or other indirect route(s)
to get to any portion of the dwelling unit, nor shall one dwelling
unit require shared facilities with another dwelling unit.
[Ord. 97; 97-39]
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat 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 N.J.D.E.P. Landscape
Project as approved by the N.J.D.E.P. Endangered and Nongame Species
Program.
[Ord. 97-32; 97-39]
Means the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
[Ord. 97-32]
A group of persons who live together in a dwelling unit as
a single nonprofit and noncommercial housekeeping unit of indefinite
duration, sharing cooking, dining, and general living facilities.
[Ord. 97; 97-05; 97-15]
One or more lots with a total of 10 or more acres used for
farming purposes, as defined herein, and containing one single-family
dwelling.
[Ord. 97; 97-31]
Farming shall mean the production for sale of plants, including
but not limited to forage and sod crops; grains and feed crops; and
trees and forest products, or the devotion of land to the production
for sale of any such plants. Farming shall not include the production
for sale of produce from home gardens located on lots of less than
10 acres.
[Ord. 97-16; 97-31]
The Federal Communications Commission.
[Ord. 97-29]
The relatively flat area adjoining a stream, which has been
or may be hereafter covered by flood waters of the stream. The floodplain
encompasses the flood way and the flood hazard area.
The sum of the area of each story measured around the outside
dimension of the building. The gross floor area of units sharing a
common wall shall be measured from the center of interior walls and
the outside of exterior walls. In residential uses, the gross floor
area shall exclude the area of the garage, attic, open porch or patio,
cellar, utility areas, heating and cooling rooms, and all portions
of floor areas which have a ceiling height above them of less than
7.5 feet. In nonresidential structures, the gross floor area shall
exclude areas used for utility and heating and cooling and other mechanical
equipment, but shall include all other areas including cellar and
warehousing and storage areas.
Any profession, trade or other endeavor carried on for profit
in a dwelling unit which use is clearly incidental and secondary to
the use of the principal structure as a dwelling, gives no external
evidence of nonresidential use, involves no more than one employee,
generates no nuisance factors and does not require more parking at
any given time than for two vehicles.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
[Ord. 97-32]
The process by which water seeps into the soil from precipitation.
[Ord. 97-32]
The use of 100 square feet of any area of land, with or without
buildings, regardless of size, devoted to the storage, keeping, scrapping
or abandonment of junk, scrap, waste, reclaimable material or debris,
whether or not it is in connection with the dismantling, processing,
salvage, baling, sale or other use or disposition thereof, including
by way of illustration but not of limitation: unregistered vehicles,
tires, vehicle parts, equipment, paper, rags, metal, glass, or plastic,
old household appliances or furniture, brush, and any stumps or other
debris.
A parcel of land abutting a street, but not including any
portion of a street, which is legally separate from any other parcel.
Contiguous undersized parcels under one ownership are considered one
lot.
The area of a lot covered by buildings and paved surfaces.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front line through the midpoint of
the rear lot line.
The horizontal distance between the side lot lines measured
along the street line. The minimum lot frontage shall not be less
than 75% of the required minimum lot width.
[Ord. 97; 97-17; 97-39]
Any line forming a portion of the exterior boundary of a
lot and is the same line as the street line for that portion of a
lot abutting a street. Lot lines extend vertically in both directions
from ground level.
The straight and horizontal distance between side lot lines
measured at setback points on each side lot line. The minimum lot
width shall be measured at the minimum building setback line.
A lot on the junction of two or more intersecting streets
where the interior angle of the intersection does not exceed 135°.
Any "development" that provides for ultimately disturbing
one or more acres of land. Disturbance for the purpose of this rule
is the placement of impervious surface or exposure and/or movement
of soil or bedrock or clearing, cutting, or removing of vegetation.
[Ord. 97-32]
An organization issued a permit, including a conditional
permit, by the state to operate as a medical cannabis cultivator,
medical cannabis manufacturer, medical cannabis dispensary, or clinical
registrant.
[Added 8-16-2021 by Ord.
No. 21-02]
An organization holding a permit issued by the state that
authorizes the organization to: possess and cultivate cannabis and
deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers, clinical registrants, and medical
cannabis dispensaries, as well as to plant, cultivate, grow, and harvest
medical cannabis for research purposes.
[Added 8-16-2021 by Ord.
No. 21-02]
An organization issued a permit by the state that authorizes
the organization to: purchase or obtain medical cannabis and related
supplies from medical cannabis cultivators; purchase or obtain medical
cannabis products and related supplies from medical cannabis manufacturers;
purchase or obtain medical cannabis, medical cannabis products, and
related supplies and paraphernalia from other medical cannabis dispensaries
and from clinical registrants; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver; and possess, display, deliver, transfer, transport, distribute,
supply, sell, and dispense medical cannabis, medical cannabis products,
paraphernalia, and related supplies to qualifying patients, designated
caregivers, and institutional caregivers.
[Added 8-16-2021 by Ord.
No. 21-02]
An organization issued a permit by the state that authorizes
the organization to: purchase or obtain medical cannabis and related
supplies from a medical cannabis cultivator or a clinical registrant;
purchase or obtain medical cannabis products from another medical
cannabis manufacturer or a clinical registrant; produce, manufacture,
or otherwise create medical cannabis products; and possess, deliver,
transfer, transport, distribute, supply, and sell medical cannabis
products and related supplies to medical cannabis manufacturers and
to medical cannabis dispensaries and clinical registrants.
[Added 8-16-2021 by Ord.
No. 21-02]
The Borough of Roosevelt.
[Ord. 97-32]
The New Jersey Department of Environmental Protection.
[Ord. 97-32]
A building or structure which in its location upon a lot
or in its size, does not conform to the regulations of this ordinance
for the zone in which it is located.
A lot of record which does not have the minimum width, frontage,
depth or contain the minimum area for the zone in which it is located.
A use occupying a structure or lot which does not conform
to the use regulations of this ordinance for the zone in which it
is located.
An offensive, annoying, unpleasant or obnoxious occurrence
or practice resulting in a continued or repeated invasion of the rights
of neighboring residents by virtue of being discernible beyond the
property line in excess of commonly accepted standards or usages;
such occurrences, practices or factors include the following:
Noise.
Dust.
Fumes and odors.
Smoke.
Glare.
Vibration.
Objectionable effluent.
Vehicular movement.
Debris.
On-street parking beyond property line.
Open storage, emplacement or display in front or side yards
of objects doing injury to the residential character of a residence
district; such objects may include, but are not limited to, litter,
surplus building materials or household goods.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
[Ord. 97-32]
One or more areas provided on the lot of the principal use
for parking and loading. Each space shall have access from an interior
driveway and shall be located so that no other vehicle must be moved
in order to gain access to the space. No off-street parking or loading
space shall have direct access from a public street. All off-street
parking and loading spaces shall be located so that no vehicle waiting
to be loaded or unloaded, maneuvering, or parked shall interfere with
any parking or loading space, sidewalk, street or fire lane.
Improvements that are necessary beyond the tract being developed
in order to accommodate the impact of the development.
Buildings in which customary administrative, managerial and
technical activities, including research and development, take place,
but where no manufacturing, assembly or fabrication takes place, and
where storage is limited to that amount of space directly required
by the principal uses of the building.
[Ord. 97-23]
An area used for parking of vehicles and linked to a public
street by a driveway, or with respect to any nonresidential principal
use, any area in which parking for that use is permitted.
[Ord. 97-18]
An area either within a structure or in the open, for the
parking of motor vehicles. The area of a parking space shall accommodate
the exterior extremities of the vehicle, whether in addition thereto
wheel blocks are installed within the space.
Any security which may be accepted by the governing body
to guarantee the completion of the required improvements before plan
approval, including performance bonds with responsible surety authorized
to do business in the State of New Jersey, or escrow agreements secured
by cash or certified check.
Any use of land or buildings permitted by this ordinance.
Any individual, corporation, company, partnership, firm,
association, Borough of Roosevelt, or political subdivision of this
State subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Ord. 97-32]
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 non-hazardous pollutants.
[Ord. 97-32]
The main purpose for which any lot and/or building is used
in accordance with this ordinance.
Any non-public educational institution, including day-care
centers, nurseries, kindergartens, primary and secondary schools,
higher education facilities, and facilities for specialized professional,
artistic and technical training.
[Ord. 97; 97-19]
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
[Ord. 97-32]
The total width of property along a street, watercourse,
utility alignment, or other way and within which all improvements
and rights of access are confined.
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.
[Ord. 97-32]
Land and buildings where motor fuel, lubricants, and miscellaneous
accessories for motor vehicles are sold and dispensed and where services
are rendered for engine and mechanical repairs, but where no vehicular
painting and/or body work is done.
[Ord. 97; 97-19]
A line drawn parallel to a street line or lot line and drawn
through the point of the building nearest to the street line. The
minimum yard requirements for principal and accessory buildings shall
be the minimum required setback measured horizontally from the street
line or lot line and beyond which any part of a building is not permitted
to extend.
The prevention, elimination, reduction or blocking of all
nuisance factors by whatever means necessary, including, but not limited
to buildings, structures, enclosures, mufflers, scrubbers, precipitators,
landscaping, fencing, walls, barriers, earthworks, relocation of equipment,
etc.
[Ord. 97-07]
Grant(s) to the Borough of Roosevelt sufficient to permit
the Borough to fulfill the intent and purpose of the easement as provided
for in the site plan review section of this ordinance.
Any announcement, declaration, display or illustration used
to advertise any person or product when located to be seen by the
general public from any street or public way.
A facility through which stormwater is directed and which
is designed to collect silt and eroded soil from a designated area.
A dwelling unit containing living accommodations for a single
family not attached to any other principal structure, and located
on a tax lot containing no other principal structure.
[Ord. 97-23]
A dwelling unit containing accommodations for a single family
attached to another single family residential structure by a single
common party wall located, on the boundary line of the tax lot on
which the structure is located.
[Ord. 97-23]
The lot or lots upon which a major development is to occur
or has occurred.
[Ord. 97-32]
The examination of specific development plans for a lot.
Wherever the term "site plan approval" is used in this ordinance,
it shall be understood to mean site plan review and approval by the
Planning Board.
All unconsolidated mineral and organic material of any origin.
[Ord. 97-32]
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
[Ord. 97-32]
The geographic application of the State Development and Redevelopment
Plan goals and statewide policies, and the Official Map of these goals
and policies.
[Ord. 97-32]
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 runoff
means water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
[Ord. 97-32]
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
[Ord. 97-32]
Any structural or nonstructural strategy, 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
non-stormwater discharges into stormwater conveyances.
[Ord. 97-32]
That portion of a building comprised between a floor and
the floor or roof next above it. A half story is a story at the top
of a building, the area of which is less than the area of the story
below it, and the height of which shall not be less than 7.5 feet
above at least one-third of the area of the floor when the room is
used for sleeping, study or similar activity.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county, or Borough
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1.1 et. seq., as amended) or a street
or way on a plat duly filed and recorded in the office of the Clerk
of the County of Monmouth 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 gutters, sidewalks, parking areas and other areas
within the street lines. Street classifications shall be those set
forth in the adopted Borough and county master plans for streets under
their respective jurisdictions.
[Ord. 97; 97-39]
The edge of the street right-of-way forming the dividing
line between the street and a lot.
Anything constructed, assembled, or erected on the ground,
or attached to something having location on the ground, which is for
the habitation, storage or other use (whether temporary or permanent)
of materials, animals, plants or persons.
A facility constructed above or below ground having a depth
of more than two feet and/or a water surface of 100 square feet or
more and designed and maintained for swimming purposes. Swimming pools
shall include all buildings, structures, equipment and appurtenances
thereto.
Swimming pools that are not permanently installed and do
not require water filtration, circulation and purification; do not
exceed two feet in depth; do not exceed a water surface area of 100
square feet; and do not require braces or supports.
See "Wireless Telecommunications Tower."
[Ord. 97-29]
When referring to a wireless telecommunications tower or
other structure, tower height is the distance measured from the finished
grade to the highest point of the tower or other structure, including
the base pad and any antenna. (See also the definition of "Building
Height").
[Ord. 97-29]
A dwelling unit containing living accommodations for a single
family which is part of a row of three or more connected single family
units, where each unit is separated from the others by vertical party
walls with no unit above or below another unit, contains an individual
front door leading outside, and can be subdivided from the other units
in the row in order to provide for separate ownership.
[Ord. 97; 97-23]
An area of land comprised of one or more lots having sufficient
dimensions and area to meet the requirements of this ordinance for
the uses(s) intended.
Services provided to a use by either a municipality, a municipal
authority, or by a utility company operating under the jurisdiction
of the New Jersey Board of Public Utilities, including services such
as, but not limited to, sewage treatment, water supply, gas, electric,
and telephone.
[Ord. 97; 97-39]
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. 97-32]
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.
[Ord. 97-32]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
[Ord. 97-29]
A yard is the required open space on a zoning lot along the
lot lines. A yard shall be unobstructed from the lowest level to the
sky except for certain permitted obstructions.
A front yard is a yard extending along a front lot line between
side yard lines or, in the case of attached houses, between a side
lot line and a side yard line.
A rear yard is a yard extending along a rear lot line between
side yard lines or, in the case of attached houses, between a side
lot line and a side yard line.
A side yard is a yard extending along a side lot line from
the front lot line to the rear lot line. In the case of a corner lot,
the yard which is not a front yard shall be considered a side yard.
The individual appointed pursuant to Article XI Section 11.100 of this Ordinance.
