For the purposes of this chapter, certain words shall have the
meaning assigned to them as follows. The following definitions are
intended to interpret and clarify word usage in the Borough of Oceanport
Unified Development Ordinance and not necessarily intended to be used
to interpret or clarify word usage in other portions of the Code of
the Borough of Oceanport. When words are used in the Unified Development
Ordinance but are not defined herein, then definitions used in the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as applicable,
shall control and be utilized to interpret and clarify word usage.
A.
Words in the present tense include the future. The singular form
of a word includes the plural form, and the plural form of a word
includes the singular form.
B.
The word "building" includes "structure" and any part thereof.
C.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," "constructed for," "altered for," "converted
for," "rented for," "leased for," or "occupied for."
D.
The word "person" includes an individual, corporation, limited liability
company, partnership, incorporated association, or any similar legal
entity.
E.
The word "includes" or "including" shall not limit the term to the
specified examples but is intended to extend their meaning to all
other instances of like kind and character.
F.
The words "shall" and "will" are mandatory and not discretionary,
and the word "may" is permissive.
G.
The feminine gender includes the masculine gender and vice versa.
The following words and phrases shall have the meanings given
in this section when applied to the entire chapter:
A way or means of approach to provide physical entrance to
a property.
A building or structure which is detached from a principal
building or structure on the same lot and which is customarily incidental
and subordinate to the principal building or structure. Any accessory
building attached to the principal building shall be considered part
of the principal building.
Services related to sewage treatment, water supply, gas,
electric, telephone, and cable television that are exclusively used
by the owners or occupants of the property.
A use of land or a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building,
located on the same lot with the principal use.
43,560 square feet.
A lot or parcel of land which shares all or part of a common
lot line with another lot or parcel of land; provided, however, that
lots which are separated by a public street shall not be considered
adjacent.
An official of the Borough of Oceanport who is appointed
by the Borough Council for the purpose of enforcing certain provisions
of this chapter.
A service that provides a coordinated program of social activities,
transportation, meals, personal care and therapeutic activities to
persons 18 years or older with diminished physical or cognitive abilities
for not more than 18 hours in any one day, for compensation.
A residential development, including accessory buildings
and required or permitted social, cultural and recreational facilities,
requiring at all permanent residents to be 55 years or 62 years of
age or older, as the case may be, in each dwelling and prohibiting
any temporary resident from being less than 19 years of age, as permitted
by law, and conforming to 24 CFR Part 100, Subpart E, Housing for
Older Persons, implementing the Federal Fair Housing Amendments Act
of 1988, as it may be amended or superseded.
The production, keeping or maintenance - for sale, lease,
or personal use - of plants and animals useful to man, including,
but not limited to: forages and sod crops; grains and seed crops;
dairy animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules, or goats
or any mutations or hybrids thereof, including the breeding and grazing
of any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts and berries; vegetables; nursery, floral, ornamental and greenhouse
products; or lands devoted to a soil conservation or forestry management
program.
The presence of contaminants in the atmosphere in concentrations
that preclude its normal dispersive ability and that interfere directly
or indirectly with a person's health, safety, or comfort or with the
full use and enjoyment of their property.
The traveled way by which cars enter and depart parking spaces.
A public or private street primarily designed to serve as
secondary access to the side or rear of a property whose frontage
is on another street.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams, and girders, or in the dimensions
or configurations of the roof or exterior walls.
The major store or stores within a shopping center. For the
purpose of this chapter, a store which occupies at least 20% of the
gross square footage of the building shall be considered an anchor
tenant.
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, and who is submitting
an application under this chapter.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, waiver of site plan,
interpretation, change of use, or direction of the issuance of any
permit required herein, or any and all approvals otherwise required
under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (to be
liberally construed).
An establishment licensed by the NJ Department of Health
and Senior Services to provide a coordinated array of supportive personal
and health services, available 24 hours per day, to residents who
have been assessed to need help with the activities of daily life,
including residents who require formal long-term care.
A self-propelled free-moving vehicle, with four or more wheels,
primarily for conveyance on a street or roadway.
An open area other than a street, used for the display, sale
or rental of new or used motor vehicles, motor- or sailboats and/or
trailers in operable condition and where no repair work is done.
The use of any building, land area or other premises for
the display and sale of new or used automobiles, panel trucks or vans,
trailers, or recreation vehicles, and including any warranty repair
work and other repair service conducted as an accessory use.
Any building or premises or portions thereof used for washing
automobiles.
The mean number of cars per day that pass over a given point.
A roof-like projection from the wall of a building, usually
made of cloth, canvas, or similar material, which provides shade or
decorative accent to a window or door.
A space having 1/2 or more of its floor-to-ceiling height
below the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6.5 feet.
A mound of earth, at least three feet in height, which is
used to shield and screen areas from view or to control the direction
of water.
|
Figure 12.1, Berm
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A lane at the edge of a roadway which is reserved and designed
for the use of bicycles.
A pathway designed to be used by bicyclists.
See "Planning Board."
The Planning Board that has approval and denial powers over
an application for development.
An individual, other than a member of the family, occupying
the dwelling unit or a part thereof, who, for a consideration, is
furnished sleeping accommodations and may be furnished meals or other
services as part of the consideration.
A dwelling or part thereof in which lodging is provided by
the owner or operator to four or more boarders, or as families, who
are housed or lodged for hire with or without meals. A rooming house
or a furnished room house shall be deemed a boardinghouse.
A landscaped strip of land used to visually separate one
use from another or from a street. Buffers also serve to shield or
block noise, lights, and other nuisances.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces, and steps.
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot, divided by the entire area of the lot.
The vertical distance as measured by the crown of the road
of the improved street on which it fronts at the midpoint of the lot
to the highest point of the structure, excluding such appurtenances
including: chimneys; flagpoles; fire towers; steeples; tanks; water
towers; hotel and motel ornamental towers or spires; communications,
radio or television towers, masts and aerials; or necessary mechanical
appurtenances and permanent and partially enclosed grandstand facilities.
On a corner lot, the building height shall be measured from that street
which is to be regarded as the front of the building.
A line drawn parallel to 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 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.
Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which
the building may be located, including area, coverage, setback, height,
parking, and yard or other requirements affecting the physical placement
of buildings and structures on a lot.
A variance prescribed by N.J.S.A. 40:55D-70c.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees four inches in diameter or less, and
measured 12 inches above ground level for trees greater than four
inches in diameter. The tree diameter is also 7/22 of the circumference,
measured at the points on the tree noted above.
A roof-like cover open to the elements on all sides, e.g.,
a cover which is used to protect a walkway, seating area or outdoor
equipment such as gasoline pumps.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than two sides.
That area of a street within which vehicles are permitted,
including travel lanes and parking areas, but not including curbs,
sidewalks, or swales.
Property used for the interring of the dead.
Any use which is not substantially the same as the previous
use of a building or land.
The bed and banks of a natural stream which convey the constant
or intermittent flow of the stream.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
A facility for the purpose of providing custodial care of
persons meeting the definition of "child care center" as contained
within N.J.S.A. 30:5B-3b, as it may be amended or superseded.
A building or group of buildings which, by design and construction,
are primarily intended for the conducting of organized religious services.
The determination as to whether a plan is a minor or major
subdivision and/or site plan.
The removal of the majority of standing trees on a lot or
portion of a lot.
An establishment where patients are admitted for examination
and treatment by one or more physicians, dentists, psychologists,
or social workers and where patients are not usually lodged overnight.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
A development technique that concentrates buildings in specific
areas of the site to allow for the remaining land to be used for recreation,
common open space, and for the preservation of environmental or historic
features.
An educational institution authorized by the state to award
associate, baccalaureate, or higher degrees.
Any sign wording, logo, figure, symbol, color, illumination,
fixture, projection, or other representation or image that, directly
or indirectly, names, advertises, references or calls attention to
a business product, service, or other commercial activity (to be liberally
construed).
Any activity carried out for pecuniary gain and/or other
commercial purpose.
Any motor vehicle licensed by the state as a commercial vehicle.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any 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 shall include
the structure and any support thereof.
A homeowners' association organized to own, maintain, and
operate common facilities and open space and to enhance and protect
their common interests.
A building, structure, recreational device, service system,
or other facility generally available to and/or operated for the benefit
of residents, whether public or private, including, but not limited
to, swimming pools, tennis courts, bicycle paths, sewage treatment
plants, drainageways, municipal buildings, police or fire station,
schools, and similar facilities.
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter, and personal guidance,
under such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hostels.
Such a residence shall not be considered a health care facility within
the meaning of the "Health Care Facilities Planning Act," N.J.S.A.
26:2H-1 et seq. In the case of such community residence housing mentally
ill persons, such a residence shall have been approved for a purchase
of service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Hospitals of the New Jersey Department of Human Services. See
"developmentally disabled person" and "mentally ill person."
Any community residential facility operated as a hospice
program, providing food, shelter, personal guidance, and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by the
New Jersey Department of Human Services, pursuant to N.J.S.A. 30:14-1
et seq., providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than 15 persons
who have been the victims of domestic violence, including any children
of such victims, who temporarily require shelter and assistance in
order to protect their physical or psychological welfare.
A determination as to whether an application contains all
information required by this chapter and contained on the applicable
submission checklist.
A facility which is licensed by the Department of Health
and Senior Services, pursuant to N.J.A.C. 8:36 et seq., to provide
room and board, and to assure that assisted living services are available
when needed, to four or more adults unrelated to the proprietor, but
not to include a boarding- or rooming house as defined in N.J.S.A.
55:13B-3a and h, respectively.
An informal presentation and attendant documentation of a
proposed subdivision or site plan which is without legal standing
but which is intended to allow the applicant to receive suggestions
from the Planning Board and/or Development Review Committee.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with all
the conditions and standards for the location or operation of such
use as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
A building, or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
The community association which administers and maintains
the common property and common elements of a condominium.
Next to, abutting, or touching and having a boundary, or
portion thereof, which is coterminous.
A use either for office or for storage of equipment and materials
necessary to the conduct of any contracting business and which is
conducted entirely within an enclosed building.
Development other than planned or cluster development.
See "lot, corner."
The Borough Council of the Borough of Oceanport, said organization
being the elected governing body of the municipality.
A land area and building(s) containing recreational facilities,
clubhouse and customary accessory uses, open only to members and their
guests for a membership fee.
The Planning Board of the County of Monmouth.
See "lot coverage" or "building coverage."
The branches and foliage of a tree; the upper portion of
a tree.
The turnaround at the end of a dead-end street.
A stone, bituminous or Portland cement concrete, or wood,
etc., border usually marking the edge of the roadway or paved area.
A variance prescribed by N.J.S.A. 40:55D-70d.
Calendar days, including weekends and holidays.
Plants that drop their leaves before becoming dormant in
winter.
A permanent construction, usually of wood, raised off the
ground and connected to the primary building, having no roof or walls
but with railings, and which may have direct access to the ground
surface and the primary building. A deck is not calculated as impervious
surface for the purposes of calculating lot coverage requirements.
Gift or donation of property by the owner to another party.
The permitted number of dwelling units per gross acre of
land to be developed.
The standards contained herein which set forth the specifications
of required improvements.
A constructed or natural water collector facility designed
to collect surface and/or subsurface water in order to impede its
flow and to release the same gradually, at a rate not greater than
that prior to development of the property, into natural or constructed
outlets.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase, tenant, or other persons having enforceable
proprietary interests in such land (to be liberally construed).
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 the Municipal
Land Use Law or this chapter.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3, as it may be amended or superseded,
and utilized to provide affordable housing.
A committee, appointed by the Planning Board and containing
such officials as are prescribed in this chapter, which is charged
with the task of performing an initial review on certain development
applications for the purpose of helping to determine completeness,
providing advice to applicants, and determining when an application
is ready for listing on a Planning Board agenda. The Committee shall
function as prescribed in this chapter.
A person who is developmentally disabled as defined by N.J.S.A.
30:11B-2.
A means of lighting a sign or other object by means of a
light source located within or directly on the object to be lit.
A part, zone, or geographic area within the municipality
within which certain zoning or development regulations apply.
A building used as group living quarters for a student body
or religious order as an accessory use for a college, university,
boarding school, orphanage, convent, monastery, or other similar institutional
use.
The removal of surface water or groundwater from land by
drains, grading, or other means.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainageways and other
utilities.
Any natural or artificial watercourse, trench, ditch, swale,
or similar depression into which surface water flows.
The perimeter line on the ground measured from the outermost
edge of the vertical plane established by the branches of a tree.
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a building or other structure
or facility. The driveway shall be an improved surface that starts
at the driveway apron and is composed of asphalt, concrete, pavers,
gravel, or other hard, durable material. Loose materials such as stone
and gravel shall have edge restraint to minimize the lateral migration
of the material. The restraint shall be durable material, such as
pressure-treated wood, composite lumber, concrete, granite or brick
curbing or metal.
A manhole provided for inspection and maintenance of sewers
where an incoming sewer is higher than the outgoing sewer.
See "dwelling, two-family."
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home as otherwise provided herein.
DWELLING, ONE-FAMILYA detached building occupied or intended for occupancy as separate living quarters exclusively for one family or one household, with direct access from the outside, and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of the unit.
DWELLING, TWO FAMILYA building occupied or intended for occupancy as separate living quarters for two families or two households, with direct access from the outside for each, and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of each. The separation of units can be either horizontal or vertical.
DWELLING, MULTIPLE-FAMILYA building occupied or intended for occupancy as separate living quarters for more than two families or more than two households, with direct access from the outside or through a common hall, and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants thereof. This definition includes rental facilities, condominiums, and cooperatives.
DWELLING, SENIOR CITIZENA dwelling unit which is restricted to occupancy by households of two or less persons in which at least one member is age 62 or older.
DWELLING, STACKED TOWNHOUSEA multifamily dwelling that is designed and occupied exclusively as the residence of one housekeeping unit, where each dwelling has at least two full floors for occupancy between one or more common vertical fire walls and one horizontal fire floor to at least four other such dwellings all housed in the same structure.
DWELLING, TOWNHOUSEA dwelling a minimum of two stories in height that is designed and occupied exclusively as the residence of one housekeeping unit, with no other dwelling above or below it, and attached by means of one or more common vertical fire walls to at least two other such dwellings all housed in the same structure.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation or another person
or entity.
Retail establishments selling food and drink for consumption
on the premises, including lunch counters and refreshment stands selling
prepared food and drink for immediate consumption.
Any building, structure, or obstruction in, or on, a delineated
floodway, right-of-way, or adjacent land.
The Borough of Oceanport Environmental Advisory Committee.
A written report which analyzes the effect of a development
upon the environment.
Features, natural resources, or land characteristics that
are sensitive to improvements and which may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or which may limit the amount of development which
is possible.
Assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with N.J.S.A. 54:1-35a
through 54:1-35c.
The detachment and movement of soil or rock fragments by
water, wind, ice, and gravity.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground,
surface or overhead gas, electrical, steam or water or other transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, light
stations, telephone lines, hydrants and other similar equipment and
accessories therewith reasonably necessary for the furnishing of adequate
service by such public utilities or municipal or other governmental
agencies or for the public health, safety or general welfare.
Plants which have green leaves all year long.
The use of a lot or structure at the time of the enactment
of a zoning ordinance.
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
One or more individuals occupying a dwelling unit and living
as one housekeeping unit.
An accessory use provided in a private residence, approved
by the New Jersey Division of Youth and Family Services or an organization
with which the Division contracts, for family day care in which child-care
services are regularly provided to no less than three nor more than
five children for a period of time of no less than 15 hours per week
nor more than 18 hours within a single day. The limitation on the
number of children for whom day-care service is provided shall not
include children who are:
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
The official action of the Planning Board taken on a preliminarily
approved subdivision or site plan after all conditions and requirements
have been met and the required improvements have been installed or
guarantees properly posted for their installation or approval has
been conditioned upon the posting of such guarantees.
The completed elevation of the land surface of a site after
final grading.
That portion of the floodplain outside of the floodway.
The stream channel and the relatively flat area adjoining
the channel of a natural stream or river which has been or may be
covered by floodwater. The floodplain is made up of the floodway and
the flood fringe.
 Figure 12.2, Floodplain Cross-Section
|
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river, in accordance with Federal Emergency Management Agency
(FEMA) regulations.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The sum of the gross horizontal areas of all floors of a
building, measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than 6.5 feet.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, and interior vehicular parking
or loading; and all floors below the first or ground floor, except
when used or intended to be used for human habitation or service to
the public.
The unit used to measure lumens (the density of light) per
square foot (footcandle = lumens/area).
A person who has a B.S. degree from a four-year school of
forestry accredited by the Society of American Foresters.
See "lot line, front."
See "yard, front."
That side of a lot abutting on a street; the front lot line.
A building licensed and used for the preparation of the deceased
for burial and the display of the deceased and ceremonies connected
therewith before burial or cremation.
An accessory building or part of a main building used principally
for the storage of motor vehicles as an accessory use, when the storage
space does not exceed that permitted in the schedule.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor vehicle accessories.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances, including any sale of motor vehicle accessories,
and which may include facilities used or designed to be used for polishing,
greasing, washing or otherwise cleaning or servicing such motor vehicles
or making minor repairs.
Includes all uses defined in the following categories: retail
services or trade, business services, personal services, and professional
offices.
A comprehensive plan for the development of a planned unit
development.
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
Any department, commission, independent agency, or instrumentality
of the United States, or of a state, county, incorporated or unincorporated
municipality, borough, authority, district, or other governmental
unit.
The degree of rise or descent of a sloping surface. See "slope."
Strategies that minimize the impact of development on the
environment and enhance the health, safety and well-being of residents
by producing durable, low-maintenance, resource-efficient housing
while making optimum use of existing infrastructure and the availability
of community services.
See "floor area, gross."
The total floor area for which the tenant pays rent and which
is designed for the tenant's occupancy and exclusive use. Where specific
data is unavailable, this shall be assumed to be 90% of the gross
floor area.
Grasses or other plants grown to keep soil from eroding.
A shallow channel usually set along a curb or the pavement
edge of a road for the collection and transport of runoff.
The sum of the gross horizontal areas of a floor or several
floors of a building measured between the inside face of exterior
walls or from the center line of walls separating two dwelling units
and having a minimum clear ceiling height of 7 1/2 feet. Any
cellar, basement, garage space, porch or breezeway is not to be included
as habitable floor area.
The vertical distance between a floor and the roof with a
ceiling height of not less than 7 1/2 feet for no more than 1/3
of the floor area of the next floor below that is accessed by a fixed
stairway and shall have an egress window which is acceptable to the
Construction Official.
A profit or nonprofit boarding home, rest home, or other
home for the sheltered care of persons which, in addition to providing
food and shelter to four or more persons unrelated to the proprietor,
also provides any personal care or service beyond food, shelter and
laundry.
See "building height."
An area, either at ground level or elevated on a structure,
licensed or approved for the landing and takeoff of helicopters, and
including auxiliary facilities such as parking, waiting room, fueling
and maintenance equipment.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the master plan, or State or National Register
of Historic Places, as being of historical, archaeological, cultural,
scenic or architectural significance.
A lawful occupation constituting, either partially or fully,
the livelihood of a person, which is conducted in that person's principal
residence as an accessory use. Home occupations are permitted conditionally
only when they conform to the appropriate specific standards of this
chapter.
An association, other than a condominium association, which
is organized in a development in which individual owners share common
interests in open space and facilities. See "community association."
A type of health-care facility, whether private, profit or
nonprofit, or institutional, principally engaged in providing short-term
acute and subacute medical treatment for disease or trauma to persons,
licensed pursuant to N.J.A.C. 8:43G, as it may be amended or superseded.
A building containing a minimum of 50 lodging units for transients.
Each lodging unit shall contain less than 300 square feet, including
bathroom and closet space.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. Such surfaces include, but are not limited to, buildings, driveways (including gravel), streets, parking lots, swimming pools, tennis courts, concrete pavers, brick pavers and any other structures that meet the above definition. Decks that contain a minimum of a 1/8-inch gap between decking boards and that have pervious base material under the deck shall not be considered impervious coverage. An area equal to 350 square feet for use of a vehicle turnaround area on a residential lot shall not be considered impervious coverage and in accordance with § 390-26D of this chapter.
Any material with an infiltration rate less than one inch
per 120 minutes.
A development containing both affordable units and market-rate
units. This term includes, but is not limited to, new construction,
the conversion of a nonresidential structure to residential use, and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
A means of lighting a sign or other object by means of a
light source which is located beyond the object to be lit but which
is directed or reflected upon it.
A tract of land that has been planned, developed, and operated
as an integrated facility for a number of individual industrial uses,
with special attention to circulation, parking, utility needs, and
aesthetics.
Any lot or parcel of land containing an industrial use or
building of such uses as may be defined in this chapter.
Those fields of economic activity including forestry, fishing,
hunting, and trapping; mining; construction; manufacturing; transportation,
communication, electric, gas, and sanitary services; and wholesale
trade.
The development of a new building on a vacant lot which is
located within a built-up area.
Facilities and services for the support of industrial, commercial,
institutional, and residential activities, including water, sewerage,
streets, communications, utilities, public facilities such as schools,
parks, fire houses, and libraries.
A commercial facility usually limited to the housing and
feeding of transients.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; or, in a civil proceeding, any person, whether
residing within or outside the municipality, whose right to use, acquire,
or enjoy property is or may be affected by any action taken under
this chapter, or whose rights to use, acquire, or enjoy property under
this chapter, or any other law of this municipality, state, or of
the United States, have been denied, violated, or infringed by an
action or a failure to act under this chapter.
Where two or more roads cross at grade.
In street design, a raised area, usually curbed, which is
placed to guide traffic, separate lanes, or used for landscaping,
signage, or lighting.
A syllable; symbol; logo; initial; abbreviation; an unbroken
group of numbers; or each word in a registered trademark or service
mark.
Scrap, waste, reclaimable material, or debris.
The use of more than 200 square feet of the area of any lot
for the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition or abandonment
of other vehicles or machinery or parts thereof.
Ground, soil or earth, including structures on, above or
below the surface.
A description of how land is occupied or utilized.
That portion of the Oceanport Borough Master Plan which shows
the existing and proposed location, extent and intensity of development
of land to be used now or in the future for varying types of residential,
commercial, industrial, institutional and other public and private
purposes or combination of purposes.
See "sanitary landfill."
The addition or retention of lawns, trees, plants, and other
natural and decorative features to the land.
An individual certified as a landscape architect by the State
of New Jersey.
An off-street space or berth used for the temporary loading
or unloading of commercial vehicles.
An establishment or distinct part of an establishment licensed
by the NJ Department of Health and Senior Services as a long-term
care facility, for those persons requiring continuous nursing and
medical attention; a skilled nursing facility; a continuing care facility.
A designated parcel, tract or area of land, established by
plat, subdivision, or as otherwise permitted by law, to be used, developed,
or built upon as a unit. It includes the word "plot" and is a piece,
parcel, tract or plot of land occupied or to be occupied by a building
and its accessory buildings, together with such open spaces as are
required under the provisions of this chapter, and having not less
than the minimum area required by this chapter for a lot in the zone
in which such lot is situated and having the required frontage on
a street.
The total area within the property lines of a lot, exclusive
of any area within a street right-of-way.
The distance measured from the front lot line to the rear
lot line. The minimum lot depth shall apply over no less than 80%
of the required lot width.
The length of the front lot line measured at the street right-of-way
line.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line; or in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lines of a lot measured
an equal distance from the front lot line at the minimum required
building setback line.
A lot or parcel of land abutting upon two or more streets
at their intersection, or upon two parts of the same street forming
an interior angle of less than 135°. Each corner lot shall have
two front yards, one side yard and one rear yard. A corner lot shall
have a primary and a secondary front yard. The primary front yard
shall be along the street frontage which the house faces.
The smallest lot area established by this chapter on which
a use or structure may be located in a particular district.
Any security acceptable to the governing body to ensure the
maintenance of duly approved improvements installed by the developer
after the final inspection of the improvements and in accordance with
this chapter.
Any site plan not classified as a minor site plan.
Any subdivision not classified as a minor subdivision.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the manufacturing of products, and the blending
of materials such as lubricating oils, plastics, resins, or liquors.
A roof-like structure projecting over the door of a theater
or other building.
A comprehensive long-range plan of Oceanport Borough intended
to guide the growth and development of the Borough, which includes
analyses, recommendations and proposals for the community's population,
economy, housing, transportation, community facilities and land use
and which shall have been adopted by the Planning Board.
That portion of a divided roadway separating the traveled
ways of traffic proceeding in opposite directions.
A person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-23,[1] but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
A development plan of one or more lots which proposes new development within the scope of development specifically permitted by chapter, does not involve planned development, any new street or extension of an off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42, and contains the information required pursuant to § 390-75B.
A subdivision of land for the creation of not more than two
lots (one new lot and the remaining parcel), provided that such subdivision:
The limit as to the maximum number of lots in a minor subdivision
shall include all lots created from the same tract or tracts within
the previous five years, which shall be certified to by the applicant.
A building combining nonresidential uses on at least the
ground floor with multifamily dwellings on upper floors.
See "hotel."
A layer of wood chips, dry leaves, straw, hay, or other material
placed on the surface of the soil around plants to retain moisture,
prevent weeds from growing, hold the soil in place, and to aid plant
growth.
For the purposes of establishing facilities for the collection
or storage of source-separated recyclable materials in new multifamily
housing developments, "multifamily housing development" means a building
containing three or more dwelling units occupied or intended to be
occupied by persons living independently of each other, or a group
of such buildings.
The Planning Board or Borough Council or any other agency
created by or responsible to the municipality when acting pursuant
to N.J.S.A. 40:55D-1 et seq.
A professional engineer licensed by the State of New Jersey
and appointed by the Borough Council to represent the Borough's engineering
interests. See "Planning Board Engineer."
A professional planner licensed by the State of New Jersey
and appointed by the Borough Council to represent the Borough's planning
interests. See "Planning Board Planner."
An area of the community with characteristics that distinguish
it from other community areas and which may include distinct ethnic
or economic characteristics, schools, or social clubs, or boundaries
defined by physical barriers such as major highways and railroads
or natural features such as rivers.
Any undesired audible sound, as defined by the Code of the
Borough of Oceanport.
A building which, in its design or location upon a lot, does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot of record existing at the date of the passage of this
chapter which does not have the minimum width or depth or contain
the minimum area for the zone in which it is located.
Any sign which was lawful prior to the adoption, revision,
or amendment of this chapter but which fails to conform to the present
requirements of this chapter by reason of such adoption, revision,
or amendment.
A use of a building or of land that does not conform to the
regulations of this chapter for the zone in which it is located.
An interference with the enjoyment and use of property.
Land or greenhouses used to raise flowers, shrubs, and plants
for sale.
A facility that is licensed by the Department of Health and
Senior Services to provide health care, under medical supervision,
and continuous nursing care for 24 or more consecutive hours to two
or more patients who do not require the degree of care and treatment
which a hospital provides and who, because of their physical or mental
condition, require continuous nursing care and services above the
level of room and board.
The residing of an individual or individuals overnight in
a dwelling unit, or the installation, storage or use of equipment,
merchandise, or machinery in any public, commercial, or industrial
building.
The individual or individuals in actual possession of a premises.
Gainful employment in which an individual engages to earn
compensation for the necessities of life.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government.
A building used primarily for conducting the affairs of a
business, profession, service, industry or government or like activity,
that may include ancillary services for office workers such as a restaurant,
coffee shop, newspaper or candy stand.
A development on a tract of land that contains a number of
separate office buildings, supporting uses and open space and which
is designed, planned, constructed, and managed on an integrated and
coordinated basis.
A building or portion of a building principally engaged in
providing services for health maintenance, diagnosis (including testing)
and treatment of human diseases, pain or other physical or mental
condition of patients by physicians or other licensed health care
professionals, solely on an outpatient basis, but not to include a
behavioral health care center. No overnight patients shall be kept
on the premises. Examples of medical offices shall include, but not
be limited to, general physicians, dentists, chiropractors, psychologists,
cardiologists, radiologists, and other various specialists.
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 a property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, and 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.
Land within or related to a development, not individually
owned, which is designed and intended for the common use or enjoyment
of the residents of the development and may include such complementary
structures and improvements as are necessary and appropriate.
A municipally adopted law or regulation.
A separate accessory building or structure not physically
connected to the principal building.
The keeping, in an unroofed area, of any goods, junk, material,
merchandise, or unregistered vehicles in the same place for more than
24 hours.
The extension of the main walls of a building above the roof
level.
A lot or tract of land.
Any public or private land area designed and used for parking
motor vehicles, including parking lots, garages, private driveways,
and legally designated areas of public streets.
An off-street, ground-level area, usually surfaced and improved,
for the temporary storage of motor vehicles.
 Figure 12.3, Parking Lot
|
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and which is not located on a dedicated
street right-of-way.
An area either within a structure or in the open, exclusive
of driveways, access drives and fire lanes, 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 an off-street parking space.
Those municipally owned lands which the Mayor and Council
have dedicated to the public and which may be used by the public for
their physical and mental recreation, including any activity sponsored
by a nonprofit corporation or association which has as its objectives
the promotion of the health, safety, needs and personal welfare of
the community.
Any security that may be accepted by a municipality as a
guarantee that improvements required as part of an application for
development will be satisfactorily completed.
A rating of the ability of a substance to allow water to
pass through the openings or intersects.
Any permit in writing as issued by a designated Borough official
or by a county, state, or federal agency, or any other applicable
permit.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
A corporation, company, association, society, firm, partnership,
or joint-stock company, as well as an individual, and all political
subdivisions or any agency or instrumentality thereof.
Establishments primarily engaged in providing services involving
the care of a person or his or her agent.
Any material that permits passage of stormwater through the
material.
A building or structure, or group of buildings or structures,
which, by design and construction, are primarily intended for the
conducting of organized religious services and accessory uses associated
therewith.
An area of a minimum contiguous or noncontiguous size, as
specified herein, to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial or office uses, or both, and any residential
and other uses incidental to the predominant use as may be permitted
herein.
An area of a minimum contiguous size, as specified by this
chapter, to be planned and developed as a single entity containing
one or more residential clusters or planned unit residential developments,
and which may include one or more public, quasi-public, or commercial
areas in such ratios of nonresidential uses to residential uses as
permitted by this chapter.
The duly designated Planning Board of Oceanport Borough.
Pursuant to N.J.S.A. 40:55D-25, the Planning Board shall also carry
out all of the functions and duties carried out by a Zoning Board
of Adjustment. Accordingly, the powers of the Planning Board shall
incorporate those provided in accordance with N.J.S.A. 40-55D-69 et
seq.
A professional engineer licensed by the State of New Jersey
and appointed by the Borough Planning Board to represent its engineering
interests. See "Municipal Engineer."
A professional planner licensed by the State of New Jersey
and appointed by the Borough Planning Board to represent its planning
interests. See "Municipal Planner."
A map or maps of a subdivision or site plan.
An unenclosed platform with or without a roof, usually attached
to or part of and with direct access to or from a building.
Any container, storage unit, shed-like container, fabric
"tent-like" or other portable structure that can be or is used for
the storage of personal property of any kind and which is located
for such purposes outside an enclosed building other than an accessory
building or shed complying with all building codes and land use requirements.
Water suitable for drinking purposes.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale, and relationship to its site and immediate environs.
A plan indicating the proposed layout of a development and
related information that is submitted for preliminary subdivision
or site plan approval.
A building in which is conducted the principal use of the
lot on which it is located.
The main purpose for which a lot or building is used.
The office of a member of a recognized profession and/or
an administrative or executive office, including, but not limited
to, architecture, medicine, dentistry, engineering, law, planning,
accounting, insurance, and real estate.
See "lot line."
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities.
Leisure-time activities, usually of a more formal nature
and performed with others, often requiring equipment, and taking place
at prescribed places, sites, or specialized fields.
Any leisure-time activity not considered active, including
such activities as walking and bird watching.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven, and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including, but not limited to, travel trailers, truck campers, camping
trailers and self-propelled motor homes.
Space allocated for the collection and storage of source-separated
recyclable materials.
An establishment providing subacute care for persons transitioning
from an inpatient hospital status to independent living or recovery
from surgery, debilitation, or serious illness.
A building, together with its accessory buildings and uses,
where persons regularly assemble for religious purposes and related
social events and which building, together with its accessory buildings
and uses, is maintained and controlled by a religious body organized
to sustain religious ceremonies and purposes.
An establishment or other facility for carrying on investigation
in the natural, physical, or social sciences, or engineering and development
as an extension of an investigation with the objective of creating
end products.
The removal of natural resources by means of mining, drilling,
or other extractive techniques from the surface or subsurface of the
land. For the purposes of this chapter, natural resources shall include
sand, gravel, minerals, or any other inorganic material but shall
exclude materials regulated by the New Jersey Board of Public Utilities.
An establishment where food and drink are prepared, served,
and consumed primarily within the principal building.
Establishments providing services or entertainment, as opposed
to products, to the general public.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A structure erected between lands of different elevation
to protect structures and/or to prevent the erosion of earth from
the upper slope.
A constructed or natural water collector used for the permanent
storage of runoff with no outlet provided.
To change the zoning classification of particular lots or
parcels of land.
A strip of land acquired by reservation, dedication, forced
dedication, proscription or condemnation and intended to be occupied
or occupied by a road, sidewalk, railroad, electric transmission line,
oil or gas pipeline, water line, sanitary storm sewer or other similar
use.
A site for solid waste disposal.
A parabolic reflector antenna which is designed for the purpose
of receiving signals from and/or transmitting signals to a transmitter
relay located in planetary orbit.
The natural features of an open area which are visually significant,
or geologically or botanically unique.
An easement, the purpose of which is to limit development
in order to preserve a view or scenic area.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
Any school licensed by the state and which meets state requirements
for elementary education.
Any building or group of buildings, the use of which meets
state requirements for primary, secondary, or higher education, and
which use does not secure a major part of its funding from any governmental
agency.
Any school licensed by the state and which is authorized
to award diplomas for secondary education.
A secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms,
or densely planted vegetation.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a product of erosion.
The removal of larger trees on an individual basis while
leaving trees of a lesser size.
A structure containing separate storage spaces of varying
sizes, leased or rented as individual storage units.
Establishments primarily engaged in providing services for
individuals, business and government establishments and other organizations.
All effluent carried by sewers, whether it is sanitary sewage,
industrial wastes, or stormwater runoff.
The entire system of sewage collection, treatment, and disposal.
Any commercial development consisting of a group of permitted
principal uses developed as a single entity and containing at least
50,000 square feet of floor area and at least five acres of land area.
See "yard, side."
A paved or surfaced area, paralleling and usually separated
from the street, used as a pedestrian walkway.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
Any object, device, display, mural or structure, or a part
thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, figures, designs, symbols,
fixtures, colors, illumination or projected images. This definition
shall specifically include any building or part of a building, including
walls and facades, used for such purposes and shall further include
banners, pennants, flags, and similar attention-attracting devices
(to be liberally construed).
|
Figure 12.4, Sign Types
 |
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign.
The highest spot at any one point on the sign measured from
the average grade level at the base of the sign.
A specialized form of zoning permit specifically for signs,
issued by the Zoning Officer in accordance with the provisions of
this chapter.
Any sign or part of a sign which changes physical position
by any movement or rotation, or which gives the visual impression
of such movement or rotation.
A sign that is mounted or painted on or attached to an awning
that is otherwise permitted by this chapter.
A sign, which may or may not contain a message, constructed
of cloth, canvas, plastic, or other flexible material typically suspended
or hung by cord, string, or rope from a structure.
A type of off-premises sign, whether on- or off-premises,
greater than 10 square feet in area, attached or affixed to a structure,
erected principally or in large part to serve as a means of displaying
said sign.
An on-premises sign which directs attention for purposes
of promoting a business, commodity, service, industry, or other activity
which is sold, offered or conducted on the premises on which such
sign is located or to which it is affixed.
A sign that is mounted or painted on or attached to a canopy
that is otherwise permitted by this chapter.
A sign that is designed so that the message on the sign can
be easily and periodically altered.
A three-dimensional graphic element, such as a letter, number
or other character, with an individual structure and separate illumination
that, when combined with other like characters, makes up a sign presentation.
Each letter is usually made using aluminum sheeting or acrylic.
Any sign which directs attention for purposes of promoting
any business, commodity, service, or industry for transactional purposes.
A sign designating the name of a subdivision of residential
homes, whether single-family or multifamily, attached or detached,
or an apartment complex; or a sign identifying an entire group of
buildings in an office or industrial park.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance," and "exit."
A sign designed for the use of motorists and pedestrians
within the interior of a site or commercial or industrial complex,
which is intended to direct such persons to individual buildings or
tenants in multi-tenanted office or industrial parks and shopping
centers or identify tenants in a single building.
See "sign, wall."
Any nonmovable sign not affixed to a building.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign. See "direct
illumination" and "indirect illumination."
A sign to convey information to the general public that has
a purpose secondary to the use of the lot on which it is located.
Examples include, but are not limited to, "No Parking," "No Trespassing,"
"Loading Zone," "Telephone," "Danger High Voltage" and "Rest Room"
or other similar information such as the hours of operation or credit
cards honored at the establishment.
Any sign erected, constructed, or maintained inside of a
building and visible from outside the building, whether illuminated
or nonilluminated.
A changeable-copy sign associated with a movie or performing
arts theater.
A sign, symbol or device, erected, constructed or maintained
by the federal, state, county or local government or any agency thereof,
for the purpose of informing or guiding the public or for the protection
of the public health, safety and welfare.
A sign not permanently attached to the ground or other permanent
structure in a manner considered nonpermanent under the Uniform Construction
Code or which is located or attached to a trailer, on wheels, or other
similar attachment such that the sign may be moved from place to place,
either within the lot or to another location.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
A sign of an owner of real property or of a licensed real
estate broker indicating that a property is available for a new owner
or tenant.
A sign located in a district zoned for residential purposes
that does not contain any commercial message except for goods or services
legally offered on the premises on which the sign is located.
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building's roof for support and which projects
above the parapet of a building with a flat roof, the cornice line
of a building with a gambrel, gable, or hip roof, or above the division
between the upper and lower slopes of a building with a mansard roof.
A sign which is not permanently attached to a building structure
or permanently affixed to a freestanding structure and which is erected
for a limited period of time in compliance with the provisions of
this chapter.
An incidental sign indicating no trespassing or no fishing
and/or hunting or for dangerous or hazardous conditions.
A type of portable commercial sign affixed or painted on
a motor vehicle or trailer and parked at a location conspicuous to
the traveling public for a period in excess of 48 continuous hours,
where the design elements and use characteristics of said vehicle
or trailer provide evidence that its primary purpose is to serve as
a means of displaying and conveying such signage as a commercial message.
A sign fastened to or painted on the facade of a building
or structure in such manner that the facade becomes the supporting
structure for, or forms the background surface of, the sign and which
does not extend more than 12 inches from the supporting facade.
An internal sign that is affixed to the interior of a window
or supported in such a manner as to be readily visible from the exterior
of the building.
See "dwelling, single-family."
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown:
the existing and proposed conditions of the lot, including, but not
limited to, topography, vegetation, drainage, floodplains, marshes,
and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting,
and screening devices; and 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.
See "major site plan" and "minor site plan."
See "concept plan."
The degree of deviation of a surface from the horizontal,
usually expressed in percent, degrees, or ratio. See "grade."
An installation or area of land in which a collection of
photovoltaic solar panels is set up in order to generate, collect,
and store electricity at a utility-scale operation.
A tree with a diameter of 24 inches or greater; or a unique,
rare, or otherwise specifically selected plant or tree which most
typically represents a whole class or group, specifically in shape,
form, historical importance, or any other characteristics which may
be designated as such by the Borough.
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces, and for the topmost story, from
the top of the floor finish to the top of the ceiling joists, or where
there is no ceiling, to the top of the roof rafters. "Story" is defined
as habitable space and does not include a ground-floor garage or storage
area that is less than seven feet 11 inches.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way: which is an existing state, county, or municipal roadway;
or which is shown upon a plat approved pursuant to law; or which is
approved by other official action as provided by the Municipal Land
Use Law; 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 such street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, paving areas and other areas within the street lines.
 Figure 12.5, Street System
|
A street which collects traffic from local streets and connects
with minor and major arterials.
A street with a single common ingress and egress and with
a turnaround at the end.
A street with a single common ingress and egress and without
a turnaround at the end.
The edge of the existing or future 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 street designed to provide vehicular access to abutting
property and to discourage through traffic.
A street with access control, channelized intersections,
restricted parking, and which collects and distributes traffic to
and from minor arterials.
A street with signals at important intersections and stop
signs on the side streets, and which collects and distributes traffic
to and from collector streets.
A combination of materials to form a construction for use,
occupancy, or ornamentation, whether installed on, above, or below
the surface of land or water, including, among others, buildings,
stadiums, gospel and circus tents, reviewing stands, grandstands,
platforms, staging and observation towers, radio towers, water tanks,
trestles, piers, wharves, open sheds, decks, open and covered porches,
coal bins, shelters, fences, helicopter landing pads and signs.
A structure that has no footing or foundation, no permanent
floor, and does not have all of the normal structural components of
a structure designed for permanent occupancy of humans or goods.
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:
divisions of land found by the Planning Board or Development Review
Committee 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
administrative officer to conform to the requirements of this chapter
and are shown and designated as separate lots, tracts, or parcels
on the Municipal Tax Map. The term "subdivision" shall also include
the term "resubdivision." See "major subdivision" and "minor subdivision."
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool having a depth of more than 24 inches,
designed, used and maintained for swimming and bathing. A hot tub
or spa is not considered a swimming pool.
Facilities customarily associated with and which are subordinate
and incidental to both above- and below-ground swimming pools, such
as a pump, heater, filtration system, etc.
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly, annual, or other fee, or operated
as a service rendered by a hotel, motel or apartment development whose
units are rented to transient or permanent residents.
A swimming pool located on a single-family lot with a residence
on it and used as an accessory to the residence, and said pool is
utilized with no admission charges and not for the purposes of profit.
An occupant of land or premises who occupies, uses, and enjoys
real property for a fixed time, usually through a lease arrangement
with the property owner and with the owner's consent.
The removal of undesirable, competitive, diseased, or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
The configuration (relief) of the surface of a portion of
the earth showing natural and artificial features thereon, including,
but not limited to, contours, structures, hydrography, and vegetation.
An improved and equipped play area for small children usually
up to elementary school age.
An area, parcel, piece of land, or property consisting of
one or more lots that is the subject of an application for development.
A structure on wheels, capable of being towed or hauled by
another vehicle, for recreation or other equipment.
Any woody perennial plant usually having one main stem or
trunk and a more-or-less definitely formed crown, and which has the
potential based on its genus and species to grow to a height of 10
feet or more.
The width of a tree, equal to 7/22 of the circumference,
measured 4.5 feet above the ground.
That portion of a lot outside of the disturbance zone.
The cutting down of a tree, the transplanting of a tree to
a site other than that under development, or the infliction of damage
to a tree which is of such severity as to show evidence within a period
of two years of irreparable harm leading to the ultimate death of
a tree. Examples of said serious damage include, but are not limited
to: damage inflicted to the root system by machinery, storage of materials,
and soil compaction; changing the natural grade above or below the
root system and around the trunk; damage inflicted on the tree permitting
fungus infection or pest infestation; excessive pruning; excessive
thinning; and paving with concrete, asphalt, or other impervious material
within such proximity as to be harmful to the tree.
The area under a tree extending from the trunk to the dripline.
A single, one-way vehicle movement to or from a property
or study area.
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
See "variance, use."
See "accessory use."
See "conditional use."
See "existing use."
Any place out of doors where two or more motor vehicles in
operating condition are displayed or offered for sale.
Establishments engaged in the generation, transmission and/or
distribution of electricity, gas, or steam, including water and irrigation
systems and sanitary systems used for the collection and disposal
of garbage, sewage, and other wastes.
A departure from the terms of this chapter authorized by
the appropriate municipal agency in accordance with the N.J.S.A. 40:55D-1
et seq.
See "d" variance.
A self-propelled device used for transportation of people
or goods over land surfaces and licensed as a motor vehicle.
A building used primarily for the storage of goods and materials.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation"; provided, however, that the delineation
of the wetland shall use a three-parameter approach involving hydrology,
soils, and vegetation which shall be acceptable to the New Jersey
Department of Environmental Protection and Energy or the U.S. Army
Corps of Engineers, whichever shall have primary jurisdiction.
A facility where the salvage from demolished structures is
stored out of doors and is available for resale or reuse.
An open space that lies between the principal or accessory
building or buildings and the nearest lot line. Such yard shall be
unoccupied and unobstructed from the ground upward except as may be
specifically provided in this chapter.
 Figure 12.6, Yards and Lot Lines
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An open space extending the full width of the lot between
the principal or accessory building and the street line and measured
perpendicular to the street line. Such front yard shall be unoccupied
and unobstructed from the ground upward except as may be specifically
provided in this chapter. In the case of a corner lot, each yard with
frontage on a street shall be considered a front yard.
A space extending the full width of the lot between the principal
building and the rear lot line and measured perpendicular to the rear
lot line. Such rear yard shall be unoccupied and unobstructed from
the ground upward except as may be specifically provided in this chapter.
In the case of a corner lot, only one rear yard shall be provided.
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
to the side lot line. Such side yard shall be unoccupied and unobstructed
from the ground upward except as may be specifically provided in this
chapter. In the case of a corner lot, not more than one side yard
shall be provided.
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
A specifically delineated area or district in a municipality
within which regulations and requirements uniformly govern the use,
placement, spacing and size of land and buildings.
The dividing of a municipality into districts and the establishment
of regulations governing the use, placement, spacing and size of land
and buildings.
See "Planning Board."
The map or maps which are a part of the Zoning Ordinance
and delineate the boundaries of zone districts.
The municipal official designated to enforce certain provisions
of this chapter.
[1]
Editor's Note: N.J.S.A. 30:4-23 was repealed by P.L.1987,
c. 116, § 30, effective 6-7-1989.
