ACCESSORY USE OR BUILDING - A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot. [Amended 6-8-1992 by Ord. No. 644]
ADMINISTRATIVE OFFICER - For all matters before the Borough Council, the Borough Clerk. For all matters pertaining to applications, minutes and other administrative matters, the "administrative officer" shall be the Clerk of the Planning Board in matters involving the Planning Board and the Secretary of the Board of Adjustment in matters involving the Board of Adjustment. In matters involving § 94-3.3D(12), pertaining to issuance of the official list of adjacent property owners for required notices, the "administrative officer" shall be the Tax Assessor. In matters involving § 94-3.5 pertaining to records maintenance, the "administrative officer" shall be the Clerk of the Planning Board in matters involving the Planning Board, the Secretary of the Board of Adjustment in matters involving the Board of Adjustment and the Zoning Officer in matters involving the issuance of a development permit or action taken pursuant to complaints regarding the enforcement of this chapter. In matters involving issuance of a permit, the "administrative officer" shall be the Zoning Officer. In matters involving enforcement of this chapter, the "administrative officer" shall be the Zoning Officer. In matters involving review of applications for completeness and for compliance, the "administrative officer" shall be the Clerk of the Planning Board, in conjunction with the Planning Board Engineer, in matters involving the Planning Board or the Secretary of the Board of Adjustment in matters involving the Board of Adjustment. [Amended 11-14-1988 by Ord. No. 585]
ADULT BOOKSTORE - An establishment devoted to the sale, rental or distribution of pornographic books, magazines, pamphlets, photographs, motion pictures, phonograph records and video and audio tapes devoted to the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects, etc., used in connection with the aforementioned purposes.
ALLEY - A secondary thoroughfare less than thirty (30) feet in width dedicated for the public use of vehicles and pedestrians affording access to abutting property.
ALLUVIAL SOILS - Soils consisting of material deposited in land by streams and other water bodies. These soils are hydro logically connected with the adjacent water body. "Alluvial soils" found in the Borough of Shrewsbury are the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects, etc., used in connection with the aforementioned purposes.
ALLEY - A secondary thoroughfare less than 30 feet in width dedicated for the public use of vehicles and pedestrians affording access to abutting property.
ALLUVIAL SOILS - Soils consisting of material deposited in land by streams and other water bodies. These soils are hydro logically connected with the adjacent water body. "Alluvial soils" found in the Borough of Shrewsbury are the Freneau and Manalapan soil series as mapped by the United States Department of Agriculture, Soil Conservation Service.
ALTERATIONS - As applied to a building or structure, a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width, or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.
ALTERNATIVE TOWER STRUCTURE - Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. [Added 6-4-2001 by Ord. No. 780]
AMUSEMENT ARCADE - Any place of business containing more than three amusement devices.
AMUSEMENT DEVICE - Any machine, contrivance or device, which, upon the insertion of a coin, slug, token, plate, disc or key into a slot, crevice or other opening 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, such devices as Pac-Man or other types of electronically operated game devices, skill ball, mechanical games, operations or transactions similar thereto, by whatever name they may be called, and shall not include pool or billiard tables.
ANTENNA - Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. [Added 4-9-1990 by Ord. No. 606; amended 6-4-2001 by Ord. No. 780]
APARTMENT - A dwelling unit in a multifamily building access to which may be through interior hallways shared with other dwelling units.
APPLICANT - A developer submitting an application for development or for a permit required in accordance with this chapter.
APPLICATION FOR DEVELOPMENT - 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 or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
APPROVING AUTHORITY - The Borough Planning Board, unless a different agency is designated by this chapter when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
AREA OF SHALLOW FLOODING - A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and the velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within a community subject to a one percent-or-greater chance of flooding in any given year.
ARTERIAL STREET OR ROAD - A roadway so designated on the circulation plan of the Master Plan.
ART GALLERY - A building or portion thereof in which sculpture, paintings or other artistic work is displayed but not for sale.
ASSISTED LIVING RESIDENCE (ALR) - A facility for which a certificate of need as an assisted living residence has been obtained, which provides apartment-style housing and congregate dining for four or more adult persons unrelated to the proprietor and further provides such assisted living services as are required and/or permitted by the regulations of the New Jersey Department of Health. Services provided by an ALR shall promote and encourage: each resident's choice, dignity, independence, individuality and privacy in an environment where sense of family and community pervade and in which each resident's preferred lifestyle, habits and use of personal belongings is supported and encouraged; and independence in the mobility, transferring, walking, grooming, bathing, dressing and undressing, eating and toileting of each resident. An ALR shall provide separate apartments or units for residents in accordance with § 94-10.6A(5). [Added 8-3-1998 by Ord. No. 751]
AUTOMOBILE REPAIR - The general engine rebuilding or reconditioning of motor vehicles or collision service, such as body repair, frame or fender straightening and repair or overall painting of motor vehicles.
AUTOMOBILE REPAIR SHOP - The same as "motor vehicle repair garage."
AUTOMOBILE SALES AGENCY - A place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities with or without outside sales on the same business premises or immediately adjacent thereto.
AUTOMOBILE SERVICE STATION - The same as "motor vehicle service station."
BACKHAUL NETWORK - The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network. [Added 6-4-2001 by Ord. No. 780]
BASE FLOOD - The flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION - The elevation, based on mean sea level, of a flood that has a one- percent-or-greater chance of occurrence in any given year as established by the Federal Insurance Administration of the Department of Housing and Urban Development and as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration.
BASEMENT - A story partly underground and having more than one-half (1/2) of its height above the average level of the finished grade.
BEDROOM - A room or portion of a structure with the principal function of serving as sleeping quarters.
BILLBOARD - A structure utilized for advertising an establishment, activity, product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located.
BLOCK - The length of a street between two (2) street intersections.
BOARDING- OR LODGING HOUSE - Any dwelling for hire in which more than two (2) persons are housed or lodged, with or without meals. This definition notwithstanding, a certificate of occupancy issued by the Construction Official is required for any dwelling for hire.
BOARD OF ADJUSTMENT - The Board established pursuant to N.J.S.A. 40:55D-69 and § 94- 3.2 of this chapter. The term "Board of Adjustment," as used in this chapter, also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.
BOARD OF ADJUSTMENT ENGINEER - The licensed New Jersey professional engineer specifically retained by the Board of Adjustment (or assigned by the Borough Engineer with the consent of the Board) to render engineering services and advice to the Board. In the absence of the specific appointment of the Board of Adjustment Engineer, the Borough Engineer may assume the duties of the office.
BOROUGH ENGINEER - The licensed New Jersey professional engineer appointed by the Mayor in accordance with N.J.S.A. 40:87-15 to render engineering services and advice to the borough.
BOROUGH SURVEYOR - The licensed New Jersey professional land surveyor appointed by the Mayor to render surveying services and advice, including maintenance and certification of tax maps pursuant to N.J.S.A. 45:8-36, 45:8-41, 45:8-43, 46:23-9.2 and 40:50-9 and N.J.A.C. 13:40- 5.1.
BREAKAWAY WALLS - Any type of walls, whether solid or lattice and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are so designed as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters.
BUFFER AREA SCREENING - A strip of land which separates multifamily-, commercial-, office- or industrial type districts or uses from adjoining residential districts or uses so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences. Within any such buffer area, no building, structure, driveway, parking or loading area or other use of the land shall be permitted unless otherwise provided in § 94-8.6 of this chapter.
BUILDABLE AREA - That central portion of any lot between required yards and/or setback lines.
BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA - The total of areas of outside dimensions on a horizontal plane and ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three (3) feet above the level of the ground.
BUILDING COVERAGE : [Repealed 6-8-1992 by Ord. No. 644]
BUILDING HEIGHT - 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; to the mean height level of the distance measured between the eaves and ridge for gable and hipped roofs; and to the deckline for mansard roofs.
BUILDING LINE (SETBACK LINE) - The line beyond which a building shall not extend unless otherwise provided in this chapter.
BUILDING PERMIT - A permit used for the alteration or erection of a building or structure in accordance with the provisions of the State Uniform Construction Code.
BUILDING, PRINCIPAL - A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a "principal building" on the lot on which it is located.
BULKHEAD - A structure separating land and water areas. primarily designed to resist earth pressures.
BULK STORAGE - 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.
BUSINESS OFFICE - A business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services, such as barber- and beauty shops, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office."
CABLE TELEVISION COMPANY - A cable television company as defined pursuant to N.J.S.A. 48:5A-3, the Public Utilities Law. [Added 12-13-1993 by Ord. No. 670]
CAPITAL IMPROVEMENT - A governmental acquisition of real property or a major construction project.
CARPORT - A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the "carport" shall have no sides unless such sides are the exterior wall of an adjacent building.
CAR WASH - A facility for the washing and cleaning of automobiles and other motor vehicles using production line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment to individuals for self-service washing and cleaning of automobiles.
CELLAR - A story wholly or partly underground and having more than one-half (1/2) of its clear height below the average level of the adjoining ground.
CERTIFICATE OF COMPLETENESS - A certificate issued by the administrative officer (Planning Board Clerk or Board of Adjustment Secretary) after all required submissions have been made in proper form, certifying that an application for development is complete.
CERTIFICATE OF NONCONFORMANCE - A document issued by the Zoning 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.
CERTIFICATE OF OCCUPANCY - A certificate issued upon completion of construction and/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, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.
CHANGE IN USE :
A. Any change from an industrial use to any other industrial use.
B. Any increase in the number of dwelling units in a structure which would result in two (2) or more total units.
C. Any change from any nonresidential use to any other use for which any standard set forth in this chapter is greater or more restrictive.
D. Any change from a residential use to any nonresidential use.
E. Any change in use from any existing or permitted use to any conditional use.
F. Any change from any existing or permitted use to any permitted use which can be classified as being in a category lower on the following list than the original use:
(1) Single residential.
(2) Multifamily residential.
(3) Professional office.
(4) Other office.
(5) Retail business.
(6) Other business and commercial, except Industrial.
CHURCH - See "place of worship."
CIRCULATION - 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.
CLEAR SIGHT DISTANCE - The clear sight distance measured along a line perpendicular to the midpoint or a window sill and sixty degrees 60') radial from that line at the window sill in all directions vertical and horizontal forming a cone of vision.
CLINIC - A facility for the diagnosis and treatment of outpatients and/or a group practice in which several physicians work cooperatively.
CLUBHOUSE - 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.
COASTAL AREA FACILITIES REVIEW ACT (CAFRA) PERMIT - A permit issued for 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 in the New Jersey Administrative Code (N.J.A.C.) 7:7D-1.0 et seq.
COASTAL WETLANDS - The coastal wetlands designated by the New Jersey Wetlands Act (N.J.S.A. 13:9A-1 et seq.).
COLLECTOR STREET OR ROAD - A roadway so designated on the circulation element of the Master Plan.
COMMERCIAL PARKING FACILITY - The same as "parking area, public;" also see "garage, public" and "vertical parking garage."
COMMON OPEN SPACE - 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.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Any community residential facility housing licensed pursuant to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal guidance under such supervision as required, not to exceed fifteen (15) developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Law (N.J.S.A. 26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hotels.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE - Any shelter approved for a purchase of 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 fifteen (15) persons who have been 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.
COMPLETE APPLICATION - An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter.
CONDITIONAL USE - 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 Article IX of this chapter, and upon the issuance of an authorization thereof by the Planning Board.
CONDOMINIUM - An ownership arrangement. not a land use; therefore, it is allowed in any zone and under the same restrictions as the residential land uses that it comprises. A "condominium" shall not negate lot nor other requirements intended to provide adequate light, air and privacy. A "condominium dwelling unit" is a dwelling unit which has all of the following characteristics:
A. The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
B. The unit may be any permitted dwelling type.
C. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the provisions for open space, roads or other development features as specified in this chapter.
CONGREGATE CARE DEVELOPMENT - A residential facility for four (4) or more elderly [age sixty-two (62) or older] within which is provided living and sleeping facilities, meal preparation, laundry services and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments and counseling. [Added 12-13-1993 by Ord. No. 670]
CONVENIENCE SHOPPING FACILITY - A retail store which provides the essential daily household needs.
CONVENTIONAL DEVELOPMENT - Development which complies with the full lot size and other provisions of this chapter.
COOPERATIVE - A housing corporation or association which entitles the holder of a share or membership interest thereof to possess and occupy for dwelling purposes a house, apartment or other structure owned or leased by said corporation or association or to lease or purchase a dwelling constructed or to be constructed by said corporation or association.
CORNER LOT - A lot on the junction of and abutting two (2) or more intersecting streets where the interior angle of intersection does not exceed one hundred thirty-five degrees (135). [Lots which exceed one hundred thirty-five degrees (135) shall be considered interior lots.]
COUNTY MASTER PLAN - 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 County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD - The Planning Board of the County of Monmouth as defined in N.J.S.A. 40:276.1.
COURT OR COURTYARD - An unoccupied open space on the same lot with a building, which is bounded on three (3) or more sides by the exterior walls of a building or by exterior walls and lot lines.
COVERAGE - The same as "lot coverage."
CURB GRADE OR LEVEL - The officially established grade of the curb in front of the midpoint of the front lot line. Where no "curb grade" has been established, the Borough Engineer shall establish such "curb level" or its equivalent for the purpose of this chapter.
DAY CAMP - A licensed, organized and supervised daytime facility used for recreational purposes.
DAY-CARE CENTER - A state certified facility which provides care for children.
DAY(S) - Calendar day(s).
DENSITY - The permitted number of dwelling units per gross area of land to be developed and includes the number of dwelling units per gross acre of residential land, including streets, easements and open space portions of a development.
DESIGN STORM - A 24-hour storm used to develop the size of the detention facility to accommodate the post-development storm/water runoff from the site. [Added 714-1997 by Ord. No. 735]
DETENTION BASIN - An embankment and associated space for impoundment of water or, alternatively, the space for impoundment partially or entirely created by excavation rather than by embankment, in either case designed to temporarily retain stormwater runoff. [Added 7-14-1997 by Ord. No. 735]
DETENTION BASIN, WET - A detention basin designed to retain some water on a permanent basis. [Added 7-14-1997 by Ord. No. 735]
DETENTION FACILITY - A detention basin or alternative structure designed to temporarily retain stormwater runoff. [Added 7-14-1997 by Ord. No. 735]
DEVELOPER - 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.
DEVELOPMENT - The division of a parcel of land into two (2) 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.
DEVELOPMENTALLY DISABLED - Experiencing a disability which originates before eighteen (18) years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap and which is attributable to mental retardation, cerebral palsy, epilepsy, autism or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services in accordance with N.J.S.A. 30:11B-2.
DEVELOPMENT MAJOR - In addition to the definition of development in the Municipal Land Use Law, N.J.S.A. 40:55D-4, the activity must satisfy A or B below:
A. Any site plan or subdivision plan or amended site or subdivision plan that will ultimately cover land with a total of one (1) or more acres of impervious surfaces; which shall include but not be limited to roadways, driveways, ponds and other bodies of water.
B. Any construction of one (1) or more of the following uses:
(1) Pipelines, storage, or distribution systems for petroleum products or chemicals;
(2) Storage, distribution or treatment facilities (excluding individual on-site sewage disposal systems) for liquid waste. [Added 744-1997 by Ord. No. 735]
DEVELOPMENT PERMIT - A document signed by the Zoning Officer which:
A. 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
B. Acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
DEVELOPMENT REGULATION - This chapter, the Official Map Ordinance or other municipal regulation of the use and development of land or an amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DISCHARGE RATE - The quantity of storm water which passes a point over a specific time frame. [Added 7-14-1997 by Ord. No. 735]
DISCHARGE VOLUME - The total quantity of storm water which is discharged. [Added 7-14- 1997 by Ord. No. 735]
DISTRICT - The same as "zone or zoning district."
DIVISION - The Division of State and Regional Planning in the New Jersey Department of Community Affairs.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means and including the 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 and 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.
DRAINAGE RIGHT-OF-WAY - The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse to provide for drainage as defined above.
DRIVE-IN RESTAURANT - The same as "restaurant, drive-in."
DRIVEWAY - A private road connecting a house, building, garage, accessory building or parking area with the street.
DWELLING - Any building or portion thereof designed or used exclusively for one (1) or more dwelling units.
DWELLING, MULTIPLE - A building designed for or containing three (3) or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors unpierced except for access to the outside or a common cellar.
DWELLING, SINGLE-FAMILY - A detached building designed for or containing one (1) dwelling unit.
DWELLING, TWO-FAMILY - A detached building designed for or containing two (2) dwelling units, which are entirely separated from each other by vertical walls unpierced except for access to the outside or a common cellar.
DWELLING UNIT - A building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one (1) family and which is entirely separated from any other dwelling unit in the building by vertical walls or horizontal floors unpierced except for access to the outside or a common cellar.
EARTH ANTENNA OR GROUND TERMINAL - Any apparatus or device, commonly known as an "earth terminal antenna," "earth terminal," "earth station," "satellite communications antenna," "satellite antenna," "microwave dish antenna" or "dish antenna," and including as part of such apparatus or device the main reflector, subreflector, feed, amplifier and support structure which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but not including conventional personal television and radio and amateur radio antennas. [Added 4-9-1990 by Ord. No. 606]
EARTH TERMINAL - An earth terminal intended solely for the reception of radio and/or television signals from a satellite. [Added 4-9-1990 by Ord. No. 606]
EASEMENT - The right of the borough, county, state, Sewerage Authority or other public or quasi-public agency, their agents, servants and employees to use the land subject to the "easement" for the purposes specified on the plat or in the document granting the "easement."
EDUCATIONAL USE - Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is in sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as "educational uses" or accessories to such uses. Duly accredited colleges and universities shall also be considered "educational uses."
ENVIRONMENTAL COMMISSION - The Shrewsbury Borough Environmental Commission, a municipal advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL IMPACT REPORT (EIR) - A compilation of studies, reports, documents and finding of fact prepared by an applicant as part of and for a development application. Said "EIR" shall be consistent with and shall contain all that information, data and documentation contained in § 94-8.15. Am "environmental impact statement," meeting the requirements of N.J.S.A. 13:10-1 et seq., the Coastal Area Facility Review Act, and specifically outlined in N.J.A.C. Section 7 of said rules and regulations promulgated in compliance with said Act, may be accepted in lieu of the "EIR."
EQUAL DEGREE OF ENCROACHMENT - The delineation of floodplain limits so that floodplain lands on both sides of a stream are capable of conveying appropriate share of flow flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplains along both sides of a stream for significant reach.
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.
EROSION AND SEDIMENT CONTROL PLAN - A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation District in conformance with N.J.S.A. 40:55-1.20.
ESSENTIAL SERVICES - Underground gas, electrical, telephone, telegraph, sanitary sewer collection systems or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, cables and normal aboveground appurtenances, poles, traffic signals and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the public health or safety or general welfare. Essential services shall not be deemed to include wireless telecommunications towers and antennas. [Amended 12-13-1993 by Ord. No. 670; 6-4-2001 by Ord. No. 780]
EXCAVATION OR CUT - Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXCAVATION WORK - The excavation, removal, replacement, repair, construction or other disturbance of any portion of the public improvements within a public street or drainage right-of- way. These public improvements include, but are not limited to, curb, sidewalk, driveway and driveway aprons, drainage structures and conduits, pavements, base courses, gutters, retaining walls, channels, headwalls, railings, guardrails or any other public improvement existing within the public right-of-way, in such a manner as may cause damage, will also be deemed excavation work. Excavation work shall also include the construction, addition, installation or other provision of the whole or portions of the improvements within a public street, drainage right-of- way or other public way or public grounds by persons other than those exempted from the provisions of this chapter, including privately sponsored construction of cable television, curbing, sidewalks, pavement extensions, aprons, drainage or any other portions of the public improvements. [Amended 12-13-1993 by Ord. No. 670]
EXEMPT DEVELOPMENT - Site plan and/or subdivision approval shall not be required prior to issuance of a development permit for the following:
A. Construction, additions or alterations related to single-family detached dwellings or their accessory structures on individuals lots.
B. Interior alterations which do not increase the required number of off-street parking spaces and which conform to the performance standards of this chapter.
C. Any change in occupancy which is not a change in use, as herein defined.
D. Individual applications for accessory mechanical equipment, accessory storage structures and accessory uses not exceeding 500 square feet in area, 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.
E. Sign(s) in which installation is on a site already occupied by a principal use for which site plan approval is not otherwise required, provided that such sign(s) conform to the applicable design and zoning district regulations of this chapter.
F. Construction of a parking lot or an addition to an existing parking lot, provided that the new lot or the proposed addition contains three spaces or less whose location and design conforms to the standards and zoning district regulations of this chapter.
G. The division of property and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this article.
H. Farm and accessory farm buildings and structures, provided that such buildings and structures are located on, operated in conjunction with and necessary to the operation of a "farm" as defined by this article.
I. Demolition or removal of any building or structure other than those designated on the Master Plan as historic or those located within the Shrewsbury Historic District. [Added 4-9-1990 by Ord. No. 607]
FAA - The Federal Aviation Administration. [Added 6-4-2001 by Ord. No. 780]
FAMILY - One or more persons living together as a single entity or nonprofit housekeeping 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.
FAMILY DAY CARE - Child care services within a private residence approved by the New Jersey Department of Human Services. [Added 12-13-1993 by Ord. No. 670]
FARM - Any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock or dairy products.
FAST-FOOD SERVICE ESTABLISHMENT - A retail food service operation in which a limited or specialized list of quickly prepared or preprepared food items utilizing mechanized, standardized preparation and packaging techniques is offered for on and outside the premises consumption, or any retail food service operation offering drive-in or outside ordering and service, including but not limited to any refreshment stand, snack bar, carry-out bar, any hamburger or hot dog stand where food is served into automobiles parked on the premises by employees or where customers order inside a building and take out food for consumption in cars or off the premises, regardless of whether or not additional seats or counter service is provided within a building; provided, however, that if outside service by employees represents more than 50% of the volume of business transactions of the operation, the use shall not be considered a "fast-food service establishment' and is specifically prohibited.
FCC - The Federal Communications Commission. [Added 6-4-2001 by Ord. No. 780]
FENCE - A structure constructed of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials serving as an enclosure, barrier or boundary.
FENCE, OPEN - A fence in which 2/3 of the area, between grade level and the top cross member (wire, wood or other material), is open.
FILLING AND EXPRESS FILLING STATION - A retail establishment supplying and selling gasoline or other fuel or oil directly for motor vehicles.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed, guaranties have been properly posted for their completion or approval has been conditioned upon the posting of such guaranties.
FINAL PLAT - The final map of all or a portion of the site plan or subdivision, which is presented to the Planning Board for final approval in accordance with the provisions of this chapter and which is approved and shall be filed with the proper county recording officer.
FLOOD DAMAGE POTENTIAL - The susceptibility of a floodplain use at a particular site to damage by potential floods at that site, as well as increased off-site flooding or flood-related damages caused by such floodplain use.
FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD FREQUENCY - The average frequency, statistically determined, for which it is expected that specific flood level or discharge may be equaled or exceeded.
FLOOD HAZARD AREA OBSTRUCTION - Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
FLOOD HAZARD AREAS - The floodway and flood fringe areas as determined by the Department of Environmental Protection under Section 3 of the Flood Hazard Area Control Act (P.L. 1979, c. 359 as amended). [Added 7-14-1997 by Ord. No. 7351
FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary - Floodway Maps and the water surface elevation of the base flood.
FLOODPLAIN - The flood hazard areas of delineated streams. For nondelinated areas, the floodplain shall be that area which is inundated by the 100-year flood. [Added 7-14-1997 by Ord. No. 735]
FLOODWAY - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than two-tenths (0.2) foot.
FLOOR - A story of a building.
FLOOR AREA, GROSS - The sum of the gross horizontal areas of the floor or several floors of a building measured within the perimeter of the outside face of exterior walls. [Amended 6-8-1992 by Ord. No. 644]
FLOOR AREA, HABITABLE - The sum of the gross horizontal area of the floor or several floors of a dwelling measured between the inside face of exterior walls or from the center line of walls separating two (2) dwelling units, having a clear ceiling height of seven (7) feet four (4) inches or greater, but not including any unfinished attic, cellar or accessory building space, but including the floor area of roofed porches, balconies, terraces and patios. (Also, see "habitable room.")
FLOOR AREA RATIO - The sum of the area of all floors of buildings or structures compared to the total area of the site. [Amended 12-13-1993 by Ord. No. 670]
FLOOR AREA, SALES - The sum of the gross horizontal areas of the floor or several floors of a commercial building, which are used for display of merchandise to the general public and including any areas occupied by counters, showcases or display racks and any aisles, entrance ways, arcades or other such public areas.
FUNERAL HOME OR MORTUARY - A funeral home or mortuary operated by a licensed mortician in accordance with N.J.S.A. 27:23-1 et seq. A "funeral home" or "mortuary" shall not be considered a professional office.
GARAGE - A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.
GARAGE, PUBLIC - 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, or where any such vehicles are kept for hire. The rental of storage space for more than two (2) motor vehicles not owned by occupants of the premises shall be deemed a "public garage."
GAS STATION - The same as "motor vehicle service station."
GOVERNING BODY - The Mayor and Borough Council of the Borough of Shrewsbury. [Amended 12-131993 by Ord. No. 670]
GRADE, EXISTING - The existing undisturbed elevation of land, ground and topography preexisting or existing on a lot, parcel or tract of land at the time of the adoption of this chapter.
GRADE, FINISHED - The completed surface of lawns, walks and roads brought to grade(s) as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.
HABITABLE ROOM - Any room within a building used for the purpose of sleeping, eating, preparation of food, offices, selling of merchandise, public gatherings or assembly lobbies. All "habitable rooms" within a dwelling unit shall have natural light, ventilation and heat. Garages, bathrooms, closets, storage areas, hallways and stairs are not considered to be "habitable rooms." (Also see "floor area, habitable.")
HAZARDOUS MATERIALS - Includes, but is 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.
HIGH-WATER LINE - A line showing the upper inland wetlands boundary (a biological "high-water line") on a series of maps prepared by the State of New Jersey Department of Environmental Protection for Parker's Creek and Little Silver Creek and their tributaries 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.
HISTORIC DISTRICT - One (1) or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE OR STRUCTURE - Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance. [Amended 12-13-1993 by Ord. No. 670]
HOME OCCUPATION - Any use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing in the dwelling, and provided further that no machinery or equipment is used which will cause electrical or other interference with radio and television reception in adjacent residences or cause offensive noise or vibration. Such activities as clinics, hospitals, barbershops, beauty parlors, tearooms, tourist homes, animal hospitals, nursery schools and music or dancing schools, other than for individual instruction, shall not be deemed "home occupations" under the terms of this chapter.
HOMEOWNERS' ASSOCIATION - An incorporated, nonprofit organization operating under a recorded land agreement through which:
A. Each lot owner, condominium owner, stockholder under a cooperative development or other owner of property or interests in the project shall be a member;
B. Each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association or the municipality; and
C. Each owner and tenant has a right to use a common property.
HOME PROFESSION - The practice of a profession within a professional office, as defined by this Article, conducted entirely within a dwelling which is the bona fide residence of the principal practitioner.
IMPERVIOUS SURFACE - Any natural or manmade surface which does not permit infiltration of water and which causes surface runoff All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered "impervious surfaces" within this definition. In addition, other areas determined by the engineer to be impervious within the meaning of this definition will also be classed as "impervious surfaces." For purposes of building and "impervious surface" coverage calculations required in this chapter, porous asphalt and concrete shall be deemed to be an "impervious surface."
IMPERVIOUS SURFACE RATIO - A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net buildable site area.
IMPROVABLE - Land which is not prevented from having buildings, pavement or decking constructed on it due to development restrictions intended to protect environmental features such as wetlands, floodplains, ponds or other water bodies. [Added 11-13-1996 by Ord. No. 708]
IMPROVED STREET - A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been improved to the standards specified by the Borough Engineer upon approval and acceptance by the Borough Council, Monmouth County or the State of New Jersey.
INFILTRATION BASIN - A detention facility designed to infiltrate retained water to the subsurface. [Added 7-14-1997 by Ord. No. 735]
INTERESTED PARTY :
A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose rights to use, acquire or enjoy property is or may be affected by any action taken under this chapter and/or pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. or under any other law of this state or of the United States have been denied, violated or infringed by an action or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.
INTERIOR OR INSIDE LOT - A lot bounded by a street on one (1) side only and lots which face on street intersections where the interior angle of the intersection exceeds one hundred thirty-five degrees (1350).
INTERNAL STREET OR ROAD - A street used for internal vehicular circulation within a tract or development. "Major internal streets" are those "internal streets" which have an entrance and/or exit on the access street or right-of-way frontage of the tract. "Internal streets" may be private and not dedicated or deeded to the public, subject to approval by the Planning Board upon recommendation of the Borough Engineer.
JUNK OR SALVAGE YARD - The use of any area and/or structure for keeping or the 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; provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural use permitted in any zone. The term "junkyard," as herein defined, includes automobiles salvage or wrecking yards.
LAND - Any ground, soil or earth, including marshes, swamps, drainage ways and areas not permanently covered by water, within the municipality. Such term also includes improvements and fixtures on, above or below the surface.
LAND DISTURBANCE - Any activity involving the clearing, grading, transporting, filling of land and any other activity which causes land to be exposed to the danger of erosion.
LANDSCAPE OR LANDSCAPING - The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements and/or to provide a visual screen, all arranged and implemented in accordance with good 'landscaping" and horticultural practices and the requirements of this chapter, including but not limited to § 94-8.21.
LIGHT CARE; ASSISTED CARE - Supportive personal care and health services to enable residents to maintain independence, individuality, privacy and dignity in an apartment-like setting. [Added 11-13-1995 by Ord. No. 708]
LIGHT MANUFACTURING - The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion or produce toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
LOADING SPACE - An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Such space must have a clear means of ingress and egress to a public street at all times.
LOCAL UTILITY - Any sewerage authority created pursuant to the Sewerage Authorities Law, N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the Municipal and County Utilities Authority Law, N.J.S.A. 40:14B-1 et seq.; or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Public Utility Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof. [Added 12-13-1993 by Ord. No. 670]
LOT - 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. A "lot" is land occupied or to be occupied by a building, structure or permitted accessory use or by a dwelling and its accessory uses, together with such open spaces as are specified and required under the provisions of this chapter, having not less than the minimum area required by this chapter for a lot in the zone district in which such a lot is situated and have the required frontage on a street.6
LOT AREA - The acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of a lot included in a street right-of-way shall not be included in calculating 'lot area." Portions of lots encumbered by easements shall be included in calculating "lot area."
LOT, CORNER - Any lot at the junction of and fronting on two (2) or more intersecting streets.
LOT COVERAGE - The area of a lot covered by buildings and structures and accessory buildings or structures and expressed as a percentage of the total lot area. "Lot coverage" shall include all parking areas and automobile access driveways and internal roadways, whether covered by an impervious or pervious material, and all other impervious surfaces except for the following:
A. Exterior walkways and plazas designed exclusively for pedestrian use as part of a commercial, industrial or office development and which are part of an overall landscaping plan acceptable to the Planning Board.
B. Unroofed patios, terraces, decks and pedestrian walks which are accessory to a single-family dwelling.
LOT DEPTH - The shortest distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall be not less than ten (10) feet in length measured between its intersections with the side lot lines. On corner lots, one (1) side lot line shall be considered a rear lot line for the purpose of determining "lot depth" only.
LOT FRONTAGE - The horizontal distance of lot lines or portions thereof which are coexistent with a street line. In the case of a street of undefined width, said lot lines shall be assumed to parallel the center line of the street at a distance of fifty percent (50%) of the statutory street right-of-way width therefrom. Only continuous, uninterrupted lot lines shall be accepted as meeting the frontage requirements.
LOT LINE : [Amended 6-8-1992 by Ord. No. 644] Any line designating the extent or boundary of a lot, which shall further be defined as follows:
A. FRONT LOT LINE - A lot line which separates a lot from an adjoining street.
B. REAR LOT LINE - A lot line which separates adjoining lots at the interior of a block along a course generally parallel to the street.
C. SIDE LOT LINE - A lot line which separates adjoining lots along a course generally perpendicular to the street.
LOT WIDTH - The mean horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space. "Lot width" shall not be less than the minimum required lot frontage.
MAINTENANCE GUARANTY - Any security which may be accepted by the borough for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq. and this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D- 53.5 and cash. [Amended 12-13-1993 by Ord. No. 670]
MAJOR SITE PLAN - Any site plan not classified as a minor site plan or exempt site development.
MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.
MANUFACTURING - The treatment or processing of raw products and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MARINE ACTIVITIES - Any facilities or activities associated with fishing or boating, either for sport or for commercial gain.
MASTER PLAN - A composite of one (1) or more written or graphic proposals for the development of the borough as set forth in and adopted by the Planning Board on March 28, 1984, pursuant to N.J.S.A. 40:55D-28, and including all subsequent amendments thereto.
MAYOR - The Mayor of the Borough of Shrewsbury.
MENTALLY ILL PERSON - A person who is afflicted with a mental disease, as defined in N.J.S.A. 30:4-23, to such an extent that a person so afflicted requires care and treatment for his own welfare, the welfare of others or of the community but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.
MINOR SITE PLAN - A development plan for one (1) or more lots which are subject to development and which:
A. Require site plan approval.
B. Meet the requirements set forth in § 94-6.6 of this chapter and contain the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.
C. Meet the following conditions:
(1) The construction of drainage facilities is not required either on- or off-site.
(2) New building construction and/or building additions do not exceed one thousand (1,000) square feet of gross floor area.
(3) The proposed development does not increase parking requirements by more than three (3) spaces nor entail or propose the construction of a total of more than five (5) parking spaces.
(4) The proposed development conforms to the floodplain management standards set forth in § 94-5.27 of this chapter.
(5) The proposed development conforms to the performance standards set forth in § 94-5.28 of this chapter.
(6) The proposed development will not require the issuance of a CAFRA permit.
(7) The proposed development does not involve planned development.
(8) The proposed development does not involve any new street or the extension of any existing street.
(9) The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D- 42.
MINOR SUBDIVISION - A subdivision of land for the creation of not more than two (2) lots, plus the remainder of the original 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, and provided that the municipal agency or the Subdivision Committee of the Planning Board finds that all the following conditions have been met:
A. The curbs and sidewalks have been installed or that the developer agrees to install and post performance guaranties for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
B. The subdivision does not require the extension of municipal facilities at the expense of the municipality.
C. The subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
D. The subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
E. The subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter or that appropriate variances have been obtained (or must be obtained as a condition of approval).
F. In the event that a drainage fund has been established by the borough or Monmouth County, an assessment has been charged to the lots and has been paid. [Amended 12-13-1993 by Ord. No. 670]
G. No portion of the lands involved have constituted a part of a minor subdivision within three (3) years preceding the application.
MOTOR VEHICLE REPAIR GARAGE - A building or portion of a building or land or portion thereof which is not primarily devoted to the retail sale of gasoline or new or used automobiles or trucks, in which auto bodywork or the overhauling or replacement of automobiles, automobile parts or any portion thereof is conducted as a business for profit.
MOTOR VEHICLE SERVICE STATION - Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel stored only in underground tanks and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may include facilities for lubricating, washing or minor servicing of motor vehicles, except that automobile rebuilding and auto bodywork of any nature and retail sales unrelated to motor vehicle uses shall be prohibited. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage, motor vehicle wrecking yard or junkyard.
MULCHING - The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
MULTIFAMILY BUILDING - Any building containing two (2) or more dwelling units, including townhouses, within a lot. Dwelling units within a "multifamily building" are classified as multifamily dwellings.
MUNICIPAL AGENCY - The Planning Board, Board of Adjustment or Borough Council of the Borough of Shrewsbury, when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
MUNICIPALITY - The Borough of Shrewsbury.
MUNICIPAL LAND USE LAW - N.J.S.A. 40:55D-1 et seq. (Chapter 291 of the Laws of New Jersey 1975, as amended).
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this chapter.
NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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.
NONCONFORMING USE - A use or activity, which was lawful prior to the adoption, revision or amendment of this chapter, 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.
NONPOINT SOURCE POLLUTION - Pollution from any source other than from any discernible, confined and discrete conveyances and shall include, but not be limited to, pollutants from agricultural, silvacultural, mining, construction, subsurface disposal and urban runoff sources.
NURSERY SCHOOL - A school designed to provide daytime care of three (3) or more children from two (2) to six (6) years of age, inclusive, and operated on a regular basis.
OCCUPANCY - The specific purpose for which land or a building is used, designed or maintained.
OCCUPANCY PERMIT - The same as "certificate of occupancy."
OFFICIAL COUNTY MAP - The map, which changes and additions thereto are adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP - A map adopted by ordinance by the governing body pursuant to N.J.S.A. 40:55D-32 et seq.
OFF-SITE - 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.
OFF-TRACT - 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.
ON-SITE - Located on the lot in question.
ON-TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN PORCH OR STEPS - A porch or steps with a fixed roof no larger than six (6) feet wide by four (4) feet deep and with no sidewall other than the wall of the structure to which it is attached.
OPEN SPACE - 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. Impervious surfaces within "open space" areas shall be limited to improvements associated with recreation and drainage facilities and underground utilities. "Open space" may include farmland set aside in perpetuity intended for the preservation of the farming use. Improved sidewalks, paved paths or other pedestrian ways within an "open space" area, which exceed four (4) feet in width, shall be deducted in determining the "open space" area.
OPEN SPACE RATIO - A measure of the inverse intensity of land use. It is arrived at by dividing the total amount of open space within the site by the site area.
OWNER - Any individual, family group, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in land which is the subject of a development proposal.
PARKING AREA - An open area used for the open storage of motor vehicles and includes any driveways and access drives, as well as accessory incidental structures or improvements, such as curbing, drainage, lighting and signing.
PARKING AREA, PRIVATE - An area, other than a street, which is intended for the same use as a private garage, is accessory to a residential or nonresidential building or use and is not used by the general public.
PARKING AREA, PUBLIC - An open area, other than a street, which is used for the temporary parking of not fewer than four (4) automobiles and is available for public use, whether free, for compensation or as an association for clients or customers.
PARKING GARAGE - The same as "garage, public."
PARKING SPACE - An off-street space provided for the parking of a motor vehicle, exclusive of driveways or access drives, either within a structure or garage, in the open or as may be otherwise defined in this chapter.
PARTY IMMEDIATELY CONCERNED - 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.
PATIO - An area of land which is not used for receiving and storing material, where the ground has been surfaced with construction -material, such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.
PEEP SHOW - Any establishment showing to patrons in private or semiprivate viewing areas the live or photographical or magnetically recorded depictions of persons engaged in the presentation and exploitation of illicit sex, lust, passion, depravity, violence, brutality, nudity, immorality and other obscene subjects.
PERFORMANCE GUARANTY - Any security, which may be accepted by the borough, including, but not limited to, surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash. [Amended 12-13-1993 by Ord. No. 670]
PERSONAL CARE AMENITIES - Services supportive to residents' care and comfort including, but not limited to, assistance with activities of daily living such as, by way of example and not by way of limitation, fitness centers, wellness centers, beauty salons, gift shops, luncheonettes, and the sale of sundries. [Added 8-3-1998 by Ord. No. 751]
PERSONAL CARE FACILITIES - Services supportive to resident's care and comfort, including but not limited to assistance with activities of daily living. [Added 1113-1995 by Ord. No. 708]
PERSONAL SERVICE - An act by which skills of one person are utilized for the benefit of another, provided that no function involves manufacture, cleaning, repair, storage or distribution of products or goods, except for cleaning and repairing of clothing and similar personal accessories.
PLACE OF WORSHIP - A building or group of buildings, congregations, places of public worship, including cathedrals, chapels, churches, 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.
PLANNED COMMERCIAL DEVELOPMENT - 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 (1) 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 DEVELOPMENT - An area to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas. [Amended 11-13-1995 by Ord. No. 708]
PLANNED SENIOR CITIZEN DEVELOPMENT : One (1) or more parcels of land forming a combined and contiguous land area to be used- as housing for older persons in accordance with the Federal Fair Housing Act Amendments of 1988 (PL. 100-430), and through its corporation, association or owners, restrict the use of the property and dwelling units therein through bylaws, rules, regulations and restrictions of record for housing of older persons, the occupancy of which shall be by at least one (1) person fifty-five (55) years of age or older per unit and further provided that no child who has not attained the age of eighteen (18) years shall be domiciled therein. [Added 8-3-1998 by Ord. No.751]
PLANNING BOARD - The Borough of Shrewsbury Planning Board established pursuant to N.J.S.A. 40:55D-23. The term "Planning Board," as used in this chapter, also means the Board of Adjustment when it is acting pursuant to N.J.S.A. 40:55D-76.
PLANNING BOARD ENGINEER - The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the Borough Engineer, with the consent of the Board, to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Borough Engineer may assume the duties of the office.
PLAT - A map or maps of a subdivision or site plan.
PLAT, FINAL - 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."
PLAT, PRELIMINARY - 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."
PRELIMINARY APPROVAL - 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 Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS : Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale, relationship to its site and immediate environs and exterior colors and finishes.
PREMISES - A lot or tract of land or any combination thereof held under a single ownership or control.
PRIMARY OR PRINCIPAL USE - The primary or principal purpose for which a building, structure or lot is used.
PROFESSIONAL OFFICE - The office of a member of a recognized profession, as hereinafter indicated, when conducted on a residential property, shall be conducted by a member or members of the residential family entirely within a residential building and shall include only the offices of doctors. ministers, architects, professional engineers, lawyers, real estate brokers and such similar professional occupations. The practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation shall not be deemed indicative of professional standing.
PROFESSIONAL OFFICE BUILDING - A building, the occupancy of which is limited to professionals, such as doctors, dentists, ministers, architects, engineers, lawyers, real estate brokers, accountants or such other similar professional occupations which may be so designated by the municipal agency, upon finding that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for practice.
PROHIBITED USE - That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance of N.J.S.A. 40:55D-70d would be necessary in order to provide that use in that particular zone.
PROJECTING SIGN - A sign, other than a facade sign, suspended from or attached to a building or wall in a manner which is other than parallel to said building or wall, including a sign hung under the canopy.
PUBLIC AREAS :
A. Public parks, playgrounds, trails, paths and other recreational areas and other open space areas conveyed or dedicated to the borough or any other public body for recreation or conservation use;
B. Other public open spaces;
C. Scenic and historic sites; and
D. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL - A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
PUBLIC DRAINAGE WAY - 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.
PUBLIC UTILITY - Any public utility regulated by the Board of Public Utility Commissioners and defined pursuant to N.J.S.A. 48:2-13. [Added 12-13-1993 by Ord. No. 670]
QUORUM - The majority of the full authorized membership of a municipal agency.
RADIOACTIVE USE - Any natural or artificially produced substance or combination of substances which emits radiation spontaneously.
REACH - A hydraulic engineering term to describe longitudinal segments of a stream or river. A "reach" will generally include the segment of the flood hazard area where flood heights are influenced by a manmade or natural obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would typically constitute a "reach."
RECHARGE - The replenishment of underground water reserves. [Added 7-14-1997 by Ord. No. 735]
RECYCLING AND RESOURCE RECOVERY - 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 or other materials as designated by law. [Amended 12-13-1993 by Ord. No. 670]
RESIDENTIAL CLUSTER - 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.
RESIDENTIAL DENSITY, NET - The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for streets, easements and/or open space portions of a development.
RESOURCE PROTECTION AREA - Any natural area or feature containing natural resources protected by this chapter, where improvement and/or alteration may be restricted or prohibited or where conservation is required. "Resource protection areas" may include wooded areas, floodplains, natural drainage areas, watercourses, ponds, lakes, stream corridors, riparian lands, wetlands, marshland, wildlife habitats,
RESTAURANT - Any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield or park operated solely by the agency or group operating the recreation facilities and for the convenience of patrons of the facility shall not be deemed to be a 'restaurant."
RESTAURANT, DRIVE-IN - An establishment where the majority of the patrons purchase food, soft drinks, ice cream and similar confections for takeout or consumption on the -premises but outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
RESUBDIVISION - 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.
RETAINING WALL - A structure more than eighteen (18) inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
REVETMENT - A facing of stone, concrete, etc., built to protect a scarp, embankment or shore structure against erosion by wave action or current.
ROOMING HOUSE - The same as "boarding- or lodging house.'
SCHOOL - The same as "educational use."
SCIENTIFIC RESEARCH LABORATORY - A building or group of buildings in which activities are limited to experiment, testing and other forms of research, such as product design and development, provided that the use shall not include any processing or manufacturing except as may be incidental to the research or testing process. There shall be no commercial production of goods, materials or any other substances for sale, except as may be produced by a small pilot facility necessary to the research activity.
SECONDARY USE - The same as "accessory use."
SEDIMENT - Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.
SEDIMENTATION - The transport or 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.
SEDIMENT BASIN - A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other materials.
SERVICE ACCESS - That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises to service the building erected for the use conducted thereon.
SETBACK - 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.
SETBACK LINE (BUILDING LINE) - The line beyond which a building shall not extend unless otherwise provided in this chapter.
SHADE TREE COMMISSION - The Shade Tree Commission of the Borough of Shrewsbury, established pursuant to the Code of the Borough of Shrewsbury.
SHOPPING CENTER - An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices and auditoriums, 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 and having a minimum total floor area of thirty thousand (30,000) square feet. [Amended 3-9-1992 by Ord. No. 640]
SIDEWALK - A private or public pedestrian walkway designed in accordance with § 94-8.33.
SIGHT TRIANGLE - The triangular area intended to remain free of visual obstructions to prevent potential traffic hazards formed by two (2) 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.
SIGN - A name, identification, description, display, illustration or any other device observable from out of doors, which is affixed to, painted on or represented directly or indirectly upon a building, structure or piece of land or which is placed in any manner over any public or private street and which directs attention to an object, product, place, activity, person, institution, organization or business, regardless of whether such device is located indoors or outdoors. Lighting used to outline any part of a building shall be deemed to be a "sign" However, a "sign" shall not include any display of official court or public office notice, any official traffic control device nor any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group. [Amended 10-2-1989 by Ord. No. 5981
SIGN, ADVERTISING - A sign which directs attention to a business, commodity or service conducted, sold or offered elsewhere than on the premises where the sign is located.
SIGN AREA - The area defined by the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists. Where no frame or edge exists, the "area" shall be defined by a projected, enclosed, four-sided (straight lines) geometric shape which most closely outlines the sign.
SIGN, BUSINESS - A sign which directs attention to a business or profession conducted on or to a commodity service or entertainment sold or offered upon the premises where such sign is located.
SIGN FACADE - Any sign placed or inscribed upon the face of a building.
SIGN, FREESTANDING - Any sign supported by uprights or braces placed upon the ground and not attached to any building.
SITE - Any plot, parcel or parcels of land.
SITE PLAN - A development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed 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 Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SOIL - All unconsolidated mineral and organic material of any origin and overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT - The Freehold Soil Conservation District, a governmental subdivision of the state which encompasses Shrewsbury Borough and which was organized in accordance with the provisions of N.J.S.A. 4:24-2 et seq.
SOLID WASTE - Municipal, dry sewage sludge, bulky materials, dry hazardous chemicals and substances, dry nonhazardous chemicals and substances, animal and food processing, oil spill cleanup and nonchemical industrial wastes. Municipal wastes include garbage, refuse, rubbish debris, bulky and other discarded materials.
STANDARDS OF PERFORMANCE - Standards, requirements, rules and regulations adopted by this chapter pursuant to N.J.S.A. 40:55D-65d regulating noise levels, glare, earth-borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable 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 borough or required by applicable federal or state laws.
STANDARD SPECIFICATIONS - The Standard Specifications for Road and Bridge Construction as promulgated and revised by the New Jersey Department of Transportation.
STEEP SLOPES - Areas where the average slope exceeds eight percent (8%), which, because of this slope, are subject to high rates of stormwater runoff and erosion.
STORMWATER RUNOFF - Flow on the surface of the ground, resulting from precipitation. [Added 7-14-1997 by Ord. No. 735]
STORY -That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A "split level story" shall be considered a "secondary story" if its floor level is six (6) feet or more above the level of the line of the finished floor next below it, except a cellar. Any floor under a sloping roof at the top of a building, which is more than two (2) feet below the top plate, shall be counted as a "story," and, if less than two (2) feet below the top plate, it shall be counted as a half story, provided that not more than sixty percent (60%) of the floor area is used for rooms, baths or toilets. Otherwise, it shall be counted as that fraction of a "story" which its floor area in rooms, baths or toilets bears to the entire floor area.
STORY, HALF - That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such "half story." A basement shall also be included as a "half story."
STREAM CORRIDORS - Those areas which include the floodway and permanent channel of brooks and streams.
STREET - Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive or other way which is an existing state, county or borough roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by N.J.S.A. 40:55D; 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 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" are classified by function and type by § 94-8.40.
STREET, IMPROVED - A street surfaced with an all-weather pavement which meets the criteria for street design and construction contained in § 94-8.40 of this chapter.
STREET LINE - The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough of Shrewsbury, the "street line" shall be considered to be the proposed right-of-way line for the street. Where a definite right-of-way has not been established, the 'street line" shall be assumed to be at a point twenty-five (25) feet from the center line of the existing pavement.
STREET, UNIMPROVED - A street that does not have an all-weather pavement in accordance with § 94-8.40, Street design and construction. An "unimproved street" could be constructed of loose gravel, any type of loose stone or, generally, any type of material that is not solidified and will not repel water or maintain a stable cross section. In the event that the Construction Official or other borough official has any question as to whether a road is improved, unimproved or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the Borough Engineer for his evaluation and written determination.
STRIPPING - Any activity which removes or significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
STRUCTURAL ALTERATIONS - The same as "alterations."
STRUCTURE - 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, and including, among other things, display stands, fences and walls, gasoline pumps, gates and gateposts, mobile dwellings, outdoor bins, pergolas, platforms, pools, porches, reviewing stands, sales' stands, signs, stadiums, staging, stand pipes, tanks of any kind. tents, towers of any kind, including radio and television towers, and antenna trellises. The word "structure' shall be construed as though followed by the words "or part thereof."
SUBDIVIDER - Any person or legal entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
SUBDIVISION - The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development.
A. The following shall not be considered "subdivisions" within the meaning of this chapter, if no new streets are created:
(1) 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 (5) acres or larger in size.
(2) Divisions of property by testamentary or intestate provisions.
(3) Divisions of property upon court order, including but not limited to judgments of foreclosure.
(4) Consolidation of existing lots by deed or other recorded instrument.
(5) The conveyance of one (1) 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 development contained in this chapter and which are shown and designated as separate lots, tracts or parcels on the Official Tax Map of the borough.
B. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE - A Committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and having such further duties relating to land subdivision as may be conferred on this Committee by the Board.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration effects the external dimensions of the structure. The term does not, however, include either:
A. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
B. Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, as an historic building or structure in accordance with this chapter.
SWIMMING POOL, COMMERCIAL - 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.
SWIMMING POOL, PRIVATE - 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 purpose of profit.
SWIMMING POOL, PUBLIC - The same as "swimming pool, commercial."
TEMPORARY PRODUCE SALES' STRUCTURE - A portable or semiportable table, platform or structure from which fruits, vegetables or similar agriculture products are intended to be sold at retail to passing motorists or pedestrians.
TIDE LANDS - Lands which are washed by tidal flows in accordance with the New Jersey Department of Environment Protection (NJDEP) Tideland Council maps, which are on file with the New Jersey Department of Environment Protection and the Borough Clerk.
TOWER - See "wireless telecommunications tower." [Added 6-4-2001 by Ord. No. 780]
TOWER HEIGHT - When referring to a wireless telecommunications tower or other structure, tower height is the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also the definition of "building height'). [Added 6-4-2001 by Ord. No. 780]
TRACT - A designated parcel or area of land, including a lot, which is the subject of an application for development and which includes any contiguous portions of street rights-of-way in which the developer has property rights. [Amended 11-13-1995 by Ord. No. 708]
TRACT AREA, GROSS - The total area of land, determined by a certified boundary survey, excluding any public rights-of-way and/or lands shown as part of another previously approved or designated permanent open space.
TRACT AREA, NET OR NET TRACT AREA - The gross tract area less the total of any areas within the tract contained in:
A. Riparian lands, tidelands, tidal wetlands and nontidal wetlands.
B. The one-hundred-year floodplain.
C. Lakes and ponds.
D. Stream corridors and floodways.
E. Steep slopes in excess of 15%.
TRANSCRIPT - A typed or printed verbatim record or reproduction thereof of the proceedings of the municipal agency.
UNIFORM CONSTRUCTION CODE - The New Jersey State Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.
USE - The specific purposes for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming "use."
UTILITIES - Essential services, including but not limited to sewers, water, electricity, gas, telephone and cable television, regulated by the State of New Jersey or by the federal government.
VARIANCE - Permission to depart from the literal requirements of zoning regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c and 40:55D-70d.
WAREHOUSE - Any structure designed for or utilized primarily for the storage of goods and materials. The term shall include self-storage, mini or other forms of commercial "warehouse" activities.
WETLANDS, FRESHWATER - 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 Department of Environmental Protection in designating a wetland, shall use three-parameter approach (that is, hydrology, soils and vegetation) enumerated in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" and any subsequent amendments thereto, incorporated herein by reference. [Added 7-14-1997 by Ord. No. 735]
WETLANDS, (NONTIDAL) - Areas known as "marshes," "swamps' or other saturated lowlands, wherein standing water is retained for 24 or more consecutive hours and to which vegetation unique to such marshes, swamps or wetlands has become adapted. This definition shall include, but is not limited to, all the mapped New Jersey State wetlands or wetlands as defined in accordance with the New Jersey Coastal Development Policies (N.J.A.C. 7:7D-1.0 et seq.), the Freshwater Wetlands Act of 1987 (N.J.A.C. 7:7A) or by the United States Army Corps of Engineers in accordance with § 404 of the Clean Water Act (33 U.S.G. § 1251 et seq.). [Amended 12-13-1993 by Ord. No. 670]
WETLANDS, (TIDAL) - An area that is inundated or saturated by fresh or saline waters under tidal influence 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. [Added 7-14-1997 by Ord. No. 735]
WIRELESS TELECOMMUNICATIONS TOWER - Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto. [Added 6-4-2001 by Ord. No. 780]
WOODED AREAS - Any area within a tract covered by trees, woods or forests, including closely grouped or stands of 10 or more mature or specimen trees of six-inch caliper or greater, individual shade and specimen trees of twelve-inch caliper or greater or individual ornamental trees of four-inch caliper or greater.
YARD - An open space which lies between a principal building or building group, for the full length of the lot and the nearest lot line. A "yard" is to be unoccupied and unobstructed from the ground upward, except as herein permitted. All "yards" will be identified as either front yard, side yard or rear yard.
YARD, FRONT - A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building. The depth of the "front yard" shall be measured at right angles to the front line of the lot.
YARD, REAR - A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. The depth of a 'rear yard' shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth.
YARD, SIDE - An open unoccupied space between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines as the case may be. The width of a "side yard" shall be measured at right angles to the side line of the lot.
ZONE OR ZONING DISTRICT - Any part of territory of the Borough of Shrewsbury which is designated as a "zone or zoning district" on the Official Zoning Map on file with the Borough Clerk and to which certain uniform regulations and requirements of this chapter apply.
ZONING OFFICER - The official of Shrewsbury designated to enforce the provisions of this chapter. The "Zoning Officer" shall also be the administrative officer in matters pertaining to §§ 94-5.28A(4) and B, 94-5.29, 94-6.2 and 94-8.27H. [Amended 7-11-1994 by Ord. No. 695]
ZONING PERMIT - The same as "development permit."
AUTOMATIC TIMING DEVICES - A switching device, a part of which is a clock, set to the prevailing time (Eastern Standard Time or Daylight Savings Time), that will control the period of illuminating outdoor light fixtures and outdoor signs.
FOOTCANDLE - The illuminance on a surface of one square foot in area on which there is uniformly distributed a light flux of one lumen.
GLARE - The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adopted to cause annoyance, discomfort, or loss of visual performance and visibility.
IESNA -Illuminating Engineering Society of North America. An organization that recommends standards for the lighting industry.
LIGHT TRESPASS - Any form of artificial illuminance emanating from a light fixture or illuminating sign that penetrates other property and creates a nuisance, as specified in Section 3C.
LUMEN - A unit of measure of the quantity of light which falls on an area of one square foot every part of which is one foot from the source of one candela (candle). A light source of one candela emits a total of 12.57 lumens.
MOTION SENSOR DEVICE - A device that will sense motion electronically and switch on security lighting for a brief duration.
OBJECTIONABLE DIRECT GLARE SOURCE - Any direct glare source offensively visible above a height of five (5) feet at the subject property line.
OUTDOOR LIGHT FIXTURE - An electrically powered illuminating device containing a total light source of more than 1800 initial lumens per fixture (this is greater than a single 100 watt incandescent, or two 75 watt reflectorized incandescent bulbs) which is permanently installed outdoors, including, devices used to illuminate any site, architectural structure or sign.
SHIELDED LIGHT FIXTURE - A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90 degrees above nadir (straight down at-perfect vertical) for street-lighting-and 80-degrees for all other lighting, through the fixture's lowest emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.
BUFFER ZONE - A continuous strip of land required for the purpose of providing physical, audible and visible separation through the use of trees and/or other natural foliage.
HOURS OF OPERATION - Those hours during which normal cemetery activity, including digging and filling of graves, burial services, visitation, maintenance and repair of grounds and deliveries, are conducted on the cemetery premises.
MONUMENT - A tablet, a statue or other maker of stone, metal or another durable substance set up over or adjacent to a grave to commemorate the person interred therein.