A.
Words used in the present tense include the future.
B.
The singular number includes the plural and the plural,
the singular.
C.
The word "shall" is mandatory; the word "may" indicates
a permissive action.
D.
The term "such as," where used herein, shall be considered
as introducing typical or illustrative, rather than an entirely exclusive
or inclusive, designation.
E.
The word "zone" includes the word "district."
F.
The word "occupied" includes the phrase "designed
to be occupied" and the phrase "intended to be occupied."
G.
The word "abut" shall include the words "adjacent"
and "next to."
H.
The word "used" shall include "arranged to be used",
"designed to be used," or "intended to be used."
I.
The word "person" shall include "corporation" as well
as "individual."
J.
The word "demonstrate" shall mean "to provide such
visual, written or oral information as will enable the designated
reviewing agency or official to ascertain the scope and nature of
a proposed use or operation, and to render an informed opinion or
decision thereon."
Words or word groups which are not defined below
shall first have the meaning set forth in the Municipal Land Use Law,
next have the meaning set forth in the Uniform Construction Code and
finally have the meaning as given in Webster's Unabridged Dictionary.
Certain abbreviations and acronyms in this chapter
are defined for the purpose herein as follows:
The American National Standards Institute.
The American Society of Civil Engineers.
The American Society for Testing Materials.
The American Water Works Association.
The Council on Affordable Housing, as established under the
Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
Diameter breast height.
[Added 5-10-2006 by Ord. No. 12-2006]
See "gross floor area."
See "gross leasable area."
The Illuminating Engineering Society.
The New Jersey Department of Environmental Protection.
The New Jersey Department of Transportation.
The Soil Conservation Service.
For the purpose of this chapter, certain terms
or words used herein shall be interpreted or defined as follows unless
the context clearly indicates a different meaning:
A building, structure or use, the nature of which is related
to and customarily incidental and subordinate to that of the principal
use on the lot. Where an accessory building is attached to the principal
building by a wall or roof, such accessory building shall be considered
a part of the principal building for the purpose of determining the
required setback dimensions.
The Land Use Officer of the Township of Wall, or his designee.
Housing which is subject to restriction as to sales or rental
price and occupancy set forth by COAH such that it will be available
for purchase or rent by and occupied by low- and/or moderate-income
households and will qualify as an affordable housing unit by COAH
pursuant to N.J.A.C. 5:91 and 5:92.
A hangar for the storage of four or fewer single-motor planes
in which volatile or flammable oil is not handled, stored or kept
other than that which is contained in the fuel storage tank of the
plane.
A building for the storage, care or repair of private or
commercial airplanes not included in the term "private airplane hangar."
As applied to a building or structure, means a change or
rearrangement in the structural supports; or a change in the exterior
form or a change in height, width or depth; or moving a building or
structure from one location or position to another; or changing, adding
to or removing from or otherwise affecting the exterior form of a
building or structure.
Any place of business which derives its income primarily
from the operation of amusement devices.
Any machine, contrivance, or device, which, upon the insertion
of a coin, slug, token, plate, disk or key to a slot, crevice, or
other openings, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include,
but not be limited to electronic games and devices or other types
of electronically operated game devices, Skee-Ball, mechanical games
operations or transactions similar thereto, by whatever name they
may be called and shall not include pool or billiard tables.
A dwelling unit in a multifamily building.
A dwelling including the following separate rooms or a combination
thereof: a bathroom with toilet and bath facilities and a combination
living room and bedroom, with a combination kitchen and dining room;
or a combination living room, bedroom and dining room with separate
kitchen; or a combination living room, bedroom, dining room and kitchen.
A dwelling including the following separate rooms or a combination
thereof: a kitchen; a dining room; a living room; or a combination
kitchen and dining room with a separate living room; or a separate
kitchen with combined living room and dining room area (provided that
in no case shall a kitchen be combined with a living room); a bathroom
with a toilet and bath facilities; and a bedroom. No additional room
shall be provided, except hallways and suitable closet and storage
space.
A dwelling including the following separate rooms or a combination
thereof: a kitchen; a dining room; a living room; or a combination
kitchen and dining room with a separate living room; or a separate
kitchen with a combined living room and dining area (provided that
in no case shall a kitchen be combined with a living room); a bathroom
with toilet and bath facilities; a master bedroom, a second bedroom,
a third bedroom. No additional room shall be provided, except hallways
and suitable closet and storage space.
A dwelling including the following separate rooms or combination
thereof: a kitchen; a dining room; a living room; or a combination
kitchen and dining room a separate living room; or a separate kitchen
with a combined living room and dining area (provided that in no case
shall a kitchen be combined with a living room); a bathroom with toilet
and bath facilities; a master bedroom; a second bedroom. No additional
room shall be provided, except hallways and suitable closet and storage
space.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Planning Board unless a different agency is designated
by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D.1
et seq.
A residential building physically attached to the principal
building with a length of common wall between the two which is at
least 30% as long as the length of the wall of the principal building,
at grade, where the attachment occurs, but no less than 10 feet in
length. A physical interior doorway access between the two buildings
in compliance with the International Residential Code shall be provided.
[Added 11-21-2006 by Ord. No. 29-2006]
The space between the ceiling beams of the top story and
the roof rafters.
An attic which has a stairway as a means of access and egress
and in which the ceiling area at a height of 7 1/3 feet (2,235 mm)
above the attic floor is not more than 1/3 of the area of the next
floor below.
That portion of a building which partly or completely below
grade. (See "story above grade.")
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which the structure is located.
The Board of Adjustment of the Township of Wall established
pursuant to N.J.S.A. 40:55D-69.
A landscaped area containing no structures other than those
specifically permitted hereto designed to act as a visual screen between
a potentially unsightly or otherwise undesirable or incompatible use
and adjacent properties and to preserve the character of each use.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous use or occupancy and having
a roof.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and on all accessory buildings
excluding uncovered porches, terraces and steps.
The ratio of building area to lot area, expressed as a percentage.
That central portion of any lot between required yards and/or
setback lines.
The vertical distance measured from the average elevation
of the finished grade at all corners of the building to the highest
point of the roof for flat roofs; the average distance between the
eaves and ridge level for gable, hip, and gambrel roofs; and to the
deck level for mansard roofs. Notwithstanding the above, where any
finished grade at a building corner shall be three feet or more above
the original grade, the original grade at such building corner shall
be utilized in the calculation of the average elevation of the finished
grade.
A line formed by the intersection of a horizontal plane and
a vertical plane that coincides with the most projected exterior of
the building.
A permit issued for the alteration or erection of a building
or structure in accordance with the provisions of the Uniform Construction
Code.
[1]A building in which is conducted the main or principal use
of the lot on which it is situated.
The stockpiling or warehousing of materials, which may or
may not be enclosed within a structure, including, but not limited
to, sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,
metal, concrete and insulation.
A cable television company as defined by N.J.S.A. 48:5A-3.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter, and measured
12 inches above ground level for trees over four inches in diameter.
A governmental acquisition of real property or a major construction
project undertaken by the Township.
A proposed schedule of future projects listed in order of
construction priority together with cost estimates and the anticipated
means of financing each project.
A completed water supply and/or sewerage system put in place
for future use, rather than to meet immediate development needs.
A facility for the washing and cleaning of motor vehicles
using production line methods with a conveyer, blower and other mechanical
devices or providing space, material and equipment to individuals
for self-service washing and cleaning of motor vehicles.
The clear vertical distance from the finished floor to the
finished ceiling.
A certificate issued by the Administrative Officer after
all required submissions have been made in proper form, certifying
that an application for development is complete.
A document issued by the Land Use Officer for a nonconforming
use or structure existing at the time of passage of the Zoning Ordinance
or any amendment thereto which, pursuant to N.J.S.A. 40:55D-48, may
be continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for a nonconforming use, structure or lot.
A certificate issued by the Code Enforcement/Construction
Official upon completion of construction or alteration of any building;
or change in use of any building; or change in occupancy of a nonresidential
building. Said certificate shall acknowledge compliance with all requirements
of this chapter, the approvals granted by a municipal agency and any
other applicable requirements.
An alteration in the use of a building or property heretofore
existing to a different use as distinguished in the Zoning Ordinance
by NAICS subsector and any increase in the number of dwelling units
in a structure.
[Amended 4-4-2012 by Ord. No. 7-2012]
This industry comprises establishments primarily engaged
in providing day care of infants or children. These establishments
generally care for preschool children, but may care for older children
when they are not in school and may also offer prekindergarten educational
programs.
See "place of worship."
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
A permit issued for a specific development within the coastal
area of New Jersey in accordance with N.J.S.A. 13:19-1 et seq. and
in accordance with rules and regulations promulgated thereunder.
The Township Committee of the Township of Wall.
A lateral serving more than one unit.
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 community residential facility licensed pursuant to P.L.
1977, c. 448 (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 (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.).
Any shelter approved for a purchase of a service contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant to P.L. 1979,
c. 337 (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 victims of domestic violence, including
of children to such victims, who temporarily require shelter and assistance
in order to protect their physical or psychological welfare.
An application for development which complies in all respects
with the appropriate submission requirements set forth in this chapter,
and the rules and regulations of the municipal agency, and all accompanying
documents required by ordinance for approval of the application for
development, provided that the municipal agency may require such additional
information not specified in this chapter, or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information.
An application shall be certified as complete immediately upon the
satisfaction of all requirements of this chapter and the rules and
regulations of the municipal agency, and shall be deemed complete
as of the day it is so certified by the Administrative Officer for
purposes of the commencement of the time period for action by the
municipal agency.
A preliminary presentation and attendant documentation of
a proposed development of sufficient accuracy to be used for the purpose
of discussion.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
Development other than planned development as defined herein.
A composite of the Comprehensive Plan or Master Plan for
the physical development of Monmouth County with the accompanying
maps, plats, charts, and descriptive and explanatory matter adopted
by the Monmouth County Planning Board.
The Planning Board of the County of Monmouth.
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by building walls.
A local street with only one outlet and having the other
end for the reversal of traffic movement.
Calendar day(s).
A licensed, organized and supervised daytime facility used
for recreational purposes.
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or fort, piers or other independent
supports.
The permitted number of dwelling units per gross acre of
land to be developed.
Land area excluding wetlands and wetland transition areas,
beaches, one-hundred-year floodplains, water areas, slopes of 15%
or greater and easements exceeding 25 feet in width.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension or use of
land, for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq. and this chapter.
The same as "zoning permit."
This chapter, the Official Map or other municipal regulation
of the use and development of land.
A lot or building use for the breeding for sale or boarding
of dogs.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
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.
A residential building containing two dwelling units, which
are separated from each other by a floor which is unpierced except
for access to the outside or to a common foyer, a common cellar or
a common basement.
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
A building containing one dwelling unit, located on a separate
building lot, separated by vertical common walls from dwellings located
on two sides.
A detached building designed for or containing one dwelling
unit on a separate building lot.
A building designed for, or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common area.
A residential dwelling with a single driveway and garage;
a single main entrance at the front of the dwelling facing the street;
common utilities and one distinct set of living facilities, which
is occupied by a family as defined herein.
[Added 9-9-1998 by Ord. No. 20-1998]
A building or part thereof having cooking, sleeping, and
sanitary facilities designed for, or occupied by one household, and
which is entirely separated from any other dwelling unit in the building
by vertical waits, or horizontal floors, unpierced, except for access
to the outside or a common area.
The grant of a right to use land for certain private, public
or quasi-public purposes.
A compilation of studies, reports, documents and findings
of fact prepared by an applicant as part of and for a development
application; an environmental impact statement meeting the requirements
of the N.J.S.A. 13:19-1 et seq., Costal Area Facility Review Act,
and specifically outlined in N.J.A.C. 7:7E-1 et seq. of said rules
and regulations promulgated in compliance with said Act may be accepted
in lieu of the EIR.
The detachment and movement of soil or rock by water, wind,
ice and gravity.
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits, cables; and including normal above ground
appurtenances such as fire alarm boxes, police call boxes, light standards,
poles, traffic signals, and hydrants, and other similar equipment
and accessories in connection therewith, reasonable necessary for
the furnishing of adequate service by public utilities or municipal
or other governmental agencies or for the public health, safety or
general welfare.
That site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
Construction, additions, or alterations related
to single-family or two-family detached dwellings or their accessory
structures on individual lots.
Any change in occupancy which is not a change
in use (as herein defined).
Individual applications for accessory mechanical
equipment, whose operation and location conforms to the design and
performance standards of this chapter, and whose installation is on
a site already occupied by an active principal use for which site
plan approval is not otherwise required.
Sign(s) to be installed on a site already occupied
by a principal use for which site plan approval is not otherwise required
and provided such signs) conform to the applicable design and zoning
district regulations of this chapter.
Construction or installation of essential services
(as defined herein).
Consolidation of property and conveyances so
as to combine existing lots, which are not considered to be subdivisions
in accordance with the definition of "subdivision" herein.
Demolition of any structure or building not
listed on the State or National Register of Historic Places or identified
as a historic site on the Master Plan, provided that the demolition
does not involve changes to the site outside the limits of the structure
or building nor does it create any nonconformity.
One or more persons living together as a single entity or
nonprofit housekeeping unit which exhibits the kind of stability,
permanency and functional life-style which is equivalent to that of
the traditional family unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
family shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
Any parcel of land, five acres or larger in size, used for
gain for the raising of agricultural products, livestock, nursery
plants or silvicultural.
[Amended 7-13-2005 by Ord. No. 20-2005]
A relatively small food market where prepackaged foods, magazines
and newspapers, cigarettes, dairy products, and/or similar foods and
items are sold for consumption or use elsewhere, including those establishments
where, as a secondary use of the premises, prepared foods (e.g., meats,
cheeses, salads, etc.) are sold over the counter in sandwiches or
are packaged to take out.
A structure forming an enclosure of an open area and designed
to prevent straying from within or intrusion from without said enclosure,
or to provide a visual barrier for the purposes of assuring privacy.
The official action taken on a preliminarily approved major
subdivision or site plan after all conditions, engineering plans and
other requirements have been completed or fulfilled and the required
improvements have been installed or guarantees properly posted for
their completion, or approval conditioned upon the posting of such
guarantees.
The final map of all or a portion of a subdivision which
is submitted to the Planning Board for final approval in accordance
with procedures and requirements contained herein, and which if approved,
shall be filed with the proper county recording officer.
A lot not meeting the minimum frontage requirements of this
chapter, which lot has access to a public road provided by a relatively
narrow, private right-of-way, easement or driveway. The lot will generally
but not exclusively be in the shape of an "L" or "T," with the larger
buildable portion of the lot being known as the "flag" and the right-of-way
being known as the "staff."
Those portions of the Township of Wall comprised of those
areas designated as A, A1, A2, A3, A4, A5, and A6 on the Flood Insurance
Rate Maps 1-01-04, Township of Wall, New Jersey, Monmouth County (effective
date February 16, 1977) most recently issued and approved by the Federal
Insurance Administration, Department of Housing and Urban Development,
as the same may, from time to time, be amended by the Federal Insurance
Administration in accordance with the procedure provided by law.
The area of relatively flat land adjoining a watercourse
and subject to flooding from an overflow of said watercourse, including
lands mapped by the Soil Conservation Service on maps entitled "Classes
of Land According to Use Capability" filed in the office of the Soil
Conservation Service in Freehold, New Jersey, as any one or all of
the following:
|
C-231,
A-O
|
C540,
A-O
|
C540,
A-+
|
and
|
C540
B-+
|
A horizontal surface within an enclosed building or structure
having an interior clearance of seven feet or greater.
The total enclosed floor area of a building
used for residential purposes or for business or commercial activities
which, in the case of the latter includes customer facilities, showcase
facilities, storage and sales facilities.
Habitable floor area shall be computed as follows:
Habitable floor area shall be considered as
such any time ceilings and walls are covered,
Ground floor area shall be considered as the
overall dimensions of the dwelling exclusive of porches, garages,
patios and cellars.
Second floor areas shall be considered as floor
area only where the sidewalls are at least four feet in height over
a finished floor and reach a ceiling height of at least seven feet.
Split level dwelling shall be considered as
one story or ground level dwellings unless a third level is constructed.
To be considered a split level dwelling a building shall contain three
or more floor levels each separated from the adjoining floor level
by a vertical distance of more than one foot three inches but less
than seven feet.
The sum of the area of all floors of buildings or structures
compared to the area of the total site.
A bird of any kind.
An accessory building used for storage of vehicles and materials
accessory to the principal building on the lot. Accessory garages
shall be permitted to have a bathroom that includes a toilet and sink,
except that no bathing facilities shall be permitted. Under no circumstance
is a private garage permitted for habitation.
[Amended 11-21-2006 by Ord. No. 29-2006; 4-24-2019 by Ord. No. 4-2019]
Any building other than a private garage, available to the
public, operated as a business and which is used for storage, repair,
rental, lubrication, washing, servicing, adjusting, or equipping of
automobiles or other motor vehicles, but not including the storage
or sale of gasoline or other fuels or auto body repair.
A comprehensively planned development of one or more lots
used as permitted in the BI-10 Zone and by this chapter, with internal
common access to an arterial or collector road.
The Township Committee of the Township of Wall.
A reference plane consisting of the average finished ground
level adjacent to a structure, building or facility at all visible
exterior walls.
The floor area within the perimeter of the outside walls
of the building under consideration without deduction of hallways,
stairs, closets, thickness of walls, columns or other features. Open
areas above a floor which are considered open atrium areas and which
do not add to the physical area of floors above shall not be considered
as gross floor area.
[Amended 11-24-2009 by Ord. No. 29-2009]
The sum of rentable area of all floors of a building under
consideration. Rentable area shall be measured in accordance with
ANSI Z65.1-1980 which measures to the inside finished surface of the
dominant portion of the permanent outer building walls, excluding
any major vertical penetrations. The finished surface shall exclude
the thickness of any special surfacing materials such as paneling,
furring strips or carpet. The dominant portion of the outer wall shall
mean that portion which is 50% or more of the vertical floor-to-ceiling
dimension or else the portion that intersects the finished floor.
"Major vertical penetrations" shall mean stairs, elevator shafts,
flues, pipe shafts, vertical ducts and the like and their enclosing
walls but shall not include stairs, dumbwaiters, lifts and the like
exclusively serving areas intended to be used by multifloor occupants.
Any "group home," "community residence for the developmentally
disabled," "community shelter for victims of domestic violence," "community
residence for persons with head injuries," or "community residence
for the terminally ill," as defined at N.J.S.A 40:55D-66c, N.J.S.A.
40:55D-66.1 and N.J.S.A. 40:55D-66.2.
[Added 12-28-2016 by Ord.
No. 14-2016]
Materials including, but not limited to, inorganic mineral
acids of sulfur, fluorine, chloride, nitrogen, chromium, phosphorus,
selenium and arsenic and their common salts; lead, nickel, and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive materials.
A facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis, or treatment of human disease, pain, injury, deformity,
or physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended or long-term
care facility, skilled nursing home, nursing home, intermediate bio-analytical
laboratory (except as specifically excluded hereunder) or central
services facility serving one or more such institutions but excluding
institutions that provide healing solely by prayer and excluding such
bio-analytical laboratories as are independently owned and operated,
and are not owned, operated, managed, or controlled, in whole or in
part, directly or indirectly, but any one or more health care facilities,
and the predominant source of business of which is not by contract
with health care facilities within the State of New Jersey and which
solicit or accept specimens and operate predominantly in interstate
commerce.
A line showing the upper inland wetlands boundary (a biological
"high-water line") on a series of maps prepared by NJDEP in accordance
with the provisions of the Wetlands Act, N.J.S.A. 13:9A-1 et seq.,
said line being established from photographs and each of these maps
being on file in the office of the County Clerk, Monmouth County,
New Jersey, and in the office of the Clerk of the Township of Wall,
New Jersey.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of a historic site or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which as been
formally designed in the Township Master Plan as being of historical,
archaeological, cultural, scenic or architectural significance.
A professional office conducted as a conditional use within
the place by this of residence of a member of a recognized profession,
as specified by NAICS Sector 54 and listed as permitted uses in the
HB Zones of this chapter.
A building or series of buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the building, such related facilities as laboratories,
outpatient departments, clinics, training facilities, central service
facilities and staff offices. The definition of "hospital" shall also
include nursing homes.
A building containing rooms used, rented out or hired for
sleeping purposes by guests where a general kitchen, dining room,
banquet room and/or ancillary facilities such as a swimming pool and
guest service facilities are provided within the building, but where
separate kitchen facilities are not permitted in each individual room.
The person or persons occupying a dwelling unit.
The ratio of all surfaces covered by impervious materials,
including building coverage, to the total lot area, expressed as a
percentage.
Any street which has been dedicated and accepted prior to
the adoption of this chapter, or which complies in width and construction
with the standards set forth in this chapter and any amendments thereto
and has been accepted by the Township of Wall.
A planned industrial development, developed in accordance
with a comprehensive plan which includes detailed provisions for streets
and essential services.
The use of any area and/or structure for the keeping or abandonment
of junk, including scrap metal, glass, paper, cordage, or other scrap
material, or for the dismantling, demolition or abandonment of structures,
automobiles or other vehicles, equipment and machinery, or parts thereof.
Any real property including improvements and fixtures on,
above or below the surface.
The person empowered by Township ordinances to administer
and enforce the provisions of the Land Use and Development Regulations
of the Township of Wall. The Land Use Officer shall also serve as
the Zoning Officer and the Administrative Officer of the Township.
Keeping horses for hire.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The size of the lot measured within the lot lines and expressed
in terms of acres or square feet, but excluding that part of a lot
included within a street right-of-way.
A parcel of land at the intersection of and fronting on two
or more streets.
The percentage of a lot occupied by buildings.
The mean horizontal distance between the front and rear of
lot lines, measured in the general direction of its side lot lines.
For corner lots, the depth shall be measured from the front property
line to the most opposite property line. For corner lots, see the
definition of "lot width."
[Added 5-9-2007 by Ord. No. 11-2007]
The horizontal distance measured along a continuous uninterrupted
lot line which is coexistent with a street right-of-way line.
[Added 2-9-2000 by Ord. No. 2-2000]
Any line designating the extent or boundary of a lot which
shall further be defined as follows:
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the frontage is calculated. On residential properties, a lot line which is coexistent with a restricted-access state highway for which access to the lot is prohibited shall not be considered a front lot line.
[Amended 8-8-2012 by Ord. No. 13-2012]
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
[Added 11-21-2006 by Ord. No. 29-2006]
The shortest horizontal distance between the side lot lines,
measured through the midpoint of a line parallel to the front lot
line located at the minimum building setback line required in the
zone in which the lot is located. On corner lots, one front lot line
shall be considered a side lot line only for the purpose of determining
lot width and lot depth. The property line along a frontage which
is to be considered the side lot line shall be the one with the shortest
distance to its most opposite interior lot line, which shall also
be considered a side lot line. The line opposite to the other front
line shall be considered the rear lot line. For corner lots with equivalent
distances between the front lot lines and their most opposite interior
lot lines, lot width and lot depth may be determined from either front
property line, and the side and rear lot lines shall be determined
by the approving authority. On through lots, the lot width shall be
determined as described herein, but only on that portion of the lot
with frontage on the street that the building or structure faces or
addresses.
[Added 2-9-2000 by Ord. No. 2-2000; amended 5-9-2007 by Ord. No. 11-2007]
The lowest level (including basement, crawl space and garage)
of the lowest enclosed area.
Any security, which may be acceptable to the Township Committee
for the maintenance of any improvements required by this chapter,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Any subdivision not classified as a "minor subdivision."
A unit of housing which:
Consists of one or more transportable sections
which are substantially constructed off site and, if more than one
section, are joined together on site;
Is built on a permanent chassis;
Is designed to be used, when connected to utilities,
as a dwelling on permanent or nonpermanent foundation; and
Is manufactured in accordance with the standards
promulgated for a manufactures home by the Secretary of the U.S. Department
of Housing and Urban Development pursuant of the "National Manufactured
Housing Construction and Safety Standards Act of 1974," P.L. 93-383
(42 U.S.C. § 5401 et seq.) and the standards promulgated
for a manufactured or mobile home by the Commissioner of the New jersey
Department of Community Affairs pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
Any waterfront facility wherein berthing spaces for any and
all watercraft or boats are provided. A "marina" shall be deemed to
include, in addition, automobile parking facilities; sanitary facilities;
motor fuel sales; boat sales, repairs, maintenance and service, excluding,
however, facilities for the construction of new boats.
Any facility or activity associated with fishing or boating,
either for sport or for commercial gain.
Any establishment devoted to the providing of massage services
to persons not in connection with any medical, osteopathic, chiropractic,
prescribed therapeutic or athletic or calisthenic activities.
A composite of one or more written or graphic proposals for
the development of Wall Township as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
The Mayor of the Township of Wall.
An intermediate level or levels between the floor and ceiling
of any story with an aggregate floor area of not more than 1/3 of
the area of the room in which the level or levels are located.
A development proposal defined as follows:
[Amended 7-13-2005 by Ord. No. 20-2005; 8-8-2012 by Ord. No. 10-2012]
The development types as noted below may be considered exempt from formal site plan review and approval by the Planning Board and eligible for administrative minor site plan review and approval by the Land Use Officer upon the jurisdictional recommendation of the Planning Board pursuant to the procedural requirements described in § 140-79, Minor site plan procedure, of this chapter. Permitted development types are limited to the following:
The construction of an addition to an existing building, the
floor area of which will not exceed the lesser of 50% of the floor
area of the existing building or 10,000 square feet.
The change of use of an existing single-tenant or owner-occupied
commercial building from a nonconforming use to a conforming use,
or from one conforming use to another conforming use, provided that
the gross floor area of the building does not exceed 10,000 square
feet.
The change of use of a portion of an existing building from
a nonconforming use to a conforming use, or from one conforming use
to another conforming use, provided that the gross floor area for
the change of use does not exceed 10,000 square feet of the gross
floor area of the entire building.
The interior or exterior renovation or improvement of a building.
The addition of accessory structures (excluding principal buildings)
and site improvements to a developed property, provided the structures
and improvements are incidental and accessory to the principal use
of the property.
Freestanding accessory buildings on developed properties, provided
the building is accessory to the principal use of the property and
that the building does not exceed 2,500 square feet of gross floor
area.
A subdivision of land containing not more than one new lot,
provided that such subdivision does not involve a planned development,
any new street or the extension of any off-tract improvement, the
cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. A
minor subdivision shall not adversely affect the development of the
remainder of the parcel or adjoining properties and shall not be in
conflict with any provision or portion of the Master Plan, the Official
Map, or this chapter. A minor subdivision shall not involve property
which was formerly part of a tract for which subdivision approval
has been granted previously dividing the original tract into two or
more lots, except that the latter provision may be waived by the Planning
Board if it determines that the proposed subdivision will not be detrimental
to the intent and purposes of this chapter.
The Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
See "manufactured home."
A building containing rooms for sleeping purposes by guests
providing individual entrances from the exterior of the building to
each room or unit and providing parking spaces convenient to each
individual entrance, with or without a dining room, swimming pool
and/or guest service facilities, except that separate kitchen facilities
shall not be permitted in each individual room.
Any use involving three or more dwelling units within a structure
or attached structure. Dwelling units within a multifamily buildings
are classified as multifamily dwellings.
The Planning Board or Board of Adjustment when acting pursuant
to N.J.S.A. 40:55D-1 et seq. and this chapter.
The Township of Wall.
A shopping center having such stores as drugstore, hardware
store, barbershop, beauty salon, delicatessen, liquor store, store
and similar small shops and stores designed and intended to primarily
serve the needs of the population residing within approximately a
three-mile radius.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, or a
prior Zoning Ordinance of the Township but which fails to conform
to requirements of the zoning district in which it is located by reason
of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
or a prior Zoning Ordinance but which fails to conform to the requirements
of the zoning district in which it is located by reasons of such adoption,
revision, or amendment.
A use or activity which was lawful prior to the adoption,
revision, or amendment of this chapter, or a prior Zoning Ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
The specific purpose for which land or a building is used,
designed or maintained.
A building, the occupancy of which is limited to professional
offices.
A group of office buildings, planned, developed, owned and
managed as a unit.
A comprehensively planned development of one or more lots,
used as permitted in the OLI-10 Zone and by this chapter with internal
common access to an arterial or collector road.
A comprehensively planned development of one or more lots,
used as permitted in the OP-10 Zone and by this chapter, with internal
common access to an arterial or collector road.
The Zoning Map adopted by ordinance by the Township Committee
pursuant to N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question, but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and other improvements that are designed to be incidental to the natural
openness of the land.
Any individual, group of individuals, firm, association,
syndicate, cooperative partnership or corporation having sufficient
proprietary interest in land which is the subject of a development
proposal.
The area required for the parking of one automobile, exclusive
of passageways appurtenant thereto and giving access thereto.
A large on-site parking space designed to accommodate an
oversized customer/employee vehicle, which parking space is separate
and distinct from the standard size on-site parking spaces provided
and which is separate and distinct from all drive aisles, loading
zones and fire zones on the property, which parking space is sized
pursuant to this chapter.
A standard size on-site parking space used to accommodate
a standard customer/employee vehicle, which parking space is sized
pursuant to this chapter.
For purposes of notice any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
A level paved surface normally or customarily used as an
exterior sitting area and having no integral structural connection
to any building.
Any security, which may be acceptable to the Township Committee
to guarantee the proper and total completion of required improvements,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Standards, requirements, rules and regulations adopted by
this chapter pursuant to N.J.S.A. 40:55D-65d regulating noise levels,
glare, airborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matters, smoke,
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the Township by applicable federal or state laws or regulations.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
Any substance or mixture of substance labeled, designed,
or intended for use in preventing, destroying, repelling, sterilizing
or mitigating any insects, rodents, nematodes, predatory animals,
fungi, weeds and other forms of plant or animal life or viruses, except
viruses on or in living humans or animals. The term "pesticide" shall
also include any substance or mixture of substances labeled, designed
or intended for use as a defoliant, desiccant, or plant regulator.
Oil or petroleum of any kind and in any form including crude
oils and derivatives of crude oils, whether alone, as sludge, oil
refuse or oil mixed with other wastes.
A building or group of buildings, used by congregations as
the regular site of services for public worship of an organized, recognized
religious body including cathedrals, chapels, places of worship, meeting
houses, mosques, synagogues, temples, and similarly used buildings,
as well as accessory uses such as Sunday schools, social halls, parish
houses, and similar type buildings.
An area of a minimum contiguous size as specified by this
chapter 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 or other uses
incidental to the predominant use as may be permitted by this chapter.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial, or public or quasi-public uses all primarily for the benefit
of the residential development.
The Planning Board of the Township of Wall.
A map or maps of a subdivision or site plan.
The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. Final
plat shall also include and be synonymous with the term "final site
plan."
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. Preliminary
plat shall also include and be synonymous with the term "preliminary
site plan."
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval, after specific elements
of a development plan have been agreed upon by the approving authority
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 lot or tract of land or any combination thereof held under
a single ownership or control.
A primary or principal purpose for which a building, structure
or lot is used. Any use which is distinct from and independent of
other uses on a lot by virtue of its purpose or the persons involved
is a principal use and a lot may accommodate more than one such use.
A building within which is conducted a principal use of a
lot. In any district, any dwelling shall be deemed to be a principal
building.
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation, and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Township, a municipal agency, the Board of Education, an federal,
state, or county agency, or other public body for recreational or
conservational uses.
Any public right-of-way.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
The majority of the full authorized membership of a municipal
agency.
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
The separation and reuse of solid waste materials including
paper, cardboard, glass, aluminum, metals, used motor oil, used rubber
tires, used clothing and rags, and used household items.
The reconstruction or renewal of any part of any existing
building for the purpose of its maintenance.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number or dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
Any establishment, however designated, at which food and
drink is sold primarily for consumption on the premises and within
a building and in which no other business, except such as is incidental
to such establishment, is conducted.
Any restaurant which has drive-through window service; or
any retail food establishment such as a restaurant; refreshment stand;
snack bar; dairy bar; hot dog or hamburger stand where food and drink
are prepared in advance and are available for immediate purchase or
consumption and which serve food on or in paper, polyfoam, or other
nonceramic plates and cups, with plastic eating utensils. Those restaurants
where food is cooked to order, is consumed only at tables on the premises
and is served by waiters or waitresses at said tables shall not be
deemed "fast-food restaurants."
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or by other instrument.
Any dwelling for hire in which more than two persons are
housed or lodged, with or without meals.
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 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 horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
An integrated development of uses, such as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, and restaurants listed in the schedule of permitted and conditional uses, (see 140 Attachment 3) housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading, and unloading space, utilities, and sanitary facilities. Gasoline service stations, those prohibited uses set forth in § 140-140, and those uses not listed in the schedule of permitted and conditional uses shall not be permitted in any shopping center.
[Amended 8-24-2016 by Ord. No. 12-2016]
The triangular area formed by two intersecting street lines
or the projection of such lines which border a corner property, and
by a line connecting a point on each such line located a designated
distance from the intersection of the street lines, which is intended
to remain free of visual obstructions to prevent potential traffic
hazards.
Any writing (including letter, word or numeral), pictorial
presentation (including illustration), decoration (including any material
or color forming an integral part of other sign elements or used to
differentiate such decoration from its background), emblem (including
device, symbol or trademark), flag (including banner, balloon or pennant),
or any other device, figure, logo, or similar character which:
Is located and maintained as a freestanding
structure or any part of a structure, or located and maintained on
a building or other structure or device by being placed, installed,
attached, fastened, pasted, posted, painted, printed, nailed, tacked
or affixed in any other manner thereon; and
Is used to announce, direct attention to, identify
or advertise; and
Is visible from outside any building or structure;
and
Is illuminated or nonilluminated.
Any sign which is affixed, on a parallel plane, to an exterior
wall of any building.
The area made available by a sign structure for the purpose
of displaying a message.
A sign supported by uprights or braces in or upon the ground
surface.
A sign attached to or hung from a marquee, canopy or other
covered structure, projecting from and supported by the building and
extending beyond the building wall, building line or street lot line.
A display sign which is attached directly to the building
wall.
A sign which is erected, constructed and maintained above
the roof of the building.
A sign constructed of cloth, fabric or other lightweight
temporary material with or without a structural frame intended for
a limited period of display, including decoration displays for holidays
or public demonstrations, and includes movable or transportable signs.
A sign which is painted on or attached directly to a fence
or on the surface of masonry, concrete, frame or other approved building
walls.
Any site plan not classified as a minor site plan or exempt
site development. The "site plan" means a development plan of one
or more lots on which is shown:
[Amended 8-8-2012 by Ord. No. 10-2012]
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, wetlands, wetlands transition areas, 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 and signs, lighting,
screening devices; and
Any other information that may be reasonably
required in order to make an informed determination pursuant to the
provisions of this chapter requiring review and approval of site plans
by the approving authority and Board of Adjustment.
See "concept plan."
The Freehold Soil Conservation District, a governmental subdivision
of the state, organized in accordance with the provisions of N.J.S.A.
4:24-2 et seq.
Any trees or shrubs, evergreen or deciduous, which are:
[Added 5-10-2006 by Ord. No. 12-2006]
Living deciduous trees having a trunk diameter
breast height of 16 inches or more.
Living coniferous trees having a trunk diameter
breast height of 12 inches or more.
Living flowering dogwood (Cornus florida) of
American holly (Ilex opaca) trees having a trunk diameter breast height
of three inches or more.
Living flowering dogwood (Kalmia latifolia)
shrubs having a root crown of three inches or more at the soil or
surface level.
Fifteen years or older.
Living flowering mountain laurel (Kalmia latifolia)
having a root crown of two inches or more at the soil or surface level.
Areas where the average slope equals or exceeds 15%.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
(See also "mezzanine.")
Any story having its furnished floor surface entirely above
grade except that a basement shall be considered as a story above
grade when the finished surface of the floor above the basement is:
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite sides are
not more than two feet above the floor of such half story.
Any natural course of running water whether improved, unimproved,
enclosed, or realigned which presently or prior to any improvement,
enclosure or realignment, had, cut by the erosion of running water,
a channel with defined banks and a bottom and through which water
flows ordinarily, but not necessarily, continually.
Those areas which include the floodway and permanent channel
of brooks and streams.
Any street, highway, avenue, boulevard, road, parkway, viaduct,
alley, drive, or other way:
Which is an existing state, New Jersey Highway
Authority, county or municipal roadway; or
Which is shown as a street upon a plat heretofore
approved pursuant to law; or
Which is approved by official action as provided
by N.J.S.A. 40:55D-1 et seq.; or
Which is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the establishment
of the Planning Board and the grant to such Board of the power to
review plats; and includes the land between the street lines, whether
improved or unimproved, and may comprise pavement, shoulders, gutters,
curbs, sidewalks, parking areas and other areas within the street
lines. Streets shall be classified as designated in the Master Plan.
Man-made, aboveground items that are usually found in street
rights-of-way, including benches, kiosks, plants, canopies, shelters,
and phone booths.
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, parking meters and the like.
The line determining the limit between the highway rights
of the public and adjoining private property.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land.
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 act, if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
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 the Township Land Use and Development
Regulations and are shown and designated as separate lots, tracts,
or parcels on the Tax Map of the Township. The term "subdivision"
shall also include the term "resubdivision."
Committees appointed by the Chairperson of the Planning Board
for the purpose of reviewing, commenting and making recommendations
with respect to site plan and subdivision applications.
A swimming pool that is operated for profit and open to the
public of 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.
A swimming pool that has the ability to contain water more
than 24 inches in depth located on and accessory to a single-family
lot with a residence on it, and said pool is utilized with no admission
charges and not for the purpose of profit.
[Amended 7-24-2019 by Ord. No. 9-2019]
A low, swampy area adjoining tidal rivers, subject to periodic
flooding including lands mapped by the Soil Conservation Service on
maps entitled, "Classes of Land According to Use Capability" filed
in the office of the Soil Conservation Service in Freehold, New Jersey
as follows: C85 A-O.
Lands which are washed by tidal flows in accordance with
the NJDEP Tidelands Council maps which are on file with the NJDEP
and Township Clerk.
A multifamily residential building containing three or more
dwellings characterized by a linear arrangement of the units along
one axis and at approximately the same grade, each with its own exclusive
entrance and each with two or more floor levels above grade.
An area of land which is the subject of a development application
or a contiguous portion of a street or right-of-way.
An area designated for or used for the accommodation of two
or more vehicles or portions thereof, in use as or capable of use
as dwelling facilities which are commonly known as house trailers
or mobile homes.
A residential building containing two dwelling units, which
are separated from each other by vertical walls, unpierced, except
for access to the outside or to a common foyer, common cellar or common
basement.
The New Jersey Uniform Construction Code. (N.J.S.A. 40A:12-27;
N.J.A.C. 5.23-1.1 et seq.)
[2]The specific purposes or activities for which a parcel of
land or a building or a portion of a building is designed, arranged,
intended, occupied or maintained.
Permission to depart from the literal requirements of the
regulations of this chapter.
An area regulated by the New Jersey Freshwater Wetlands Protection
Act (N.J.S.A. 13:9B-1 et seq.) that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation. (See Wall Township Hydric
Soils Map, December 1988, for general location of hydric soils and
New Jersey Department of Environmental Protection maps prepared pursuant
to N.J.S.A. 13:9B-1 et seq.).
Areas known as marshes, swamps or other lowlands subject
to tidal action or any area now or formerly connected to tidal waters,
whose surface is at or below an elevation of one foot above local
extreme high water and of which vegetation unique to tidal marshes,
swamps or lowlands has become adapted. This definition shall include,
but is not limited to, all the mapped New Jersey State Wetlands pursuant
to N.J.S.A. 13:9B-1 et seq.
A sign which is part of or affixed or attached to the interior
or exterior of a window or otherwise part of a window and located
within 18 inches of the interior of the window and which can be seen
from a public street or public parking facility.
An open space between a principal building and the nearest
lot line.
[Amended 8-8-2012 by Ord. No. 13-2012]
A yard lying between the front line of the lot and the principal
building.
[Amended 8-8-2012 by Ord. No. 13-2012]
A yard lying between the rear line of the lot and the building.
A yard lying between the side line of the lot and the building.
A document signed by the Administrative Officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building, and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance approved by a municipal agency.
