ABANDONMENT - The relinquishment of property for not less than one year by the owner or lessee without any intention of transferring rights of the property to another owner or of resuming the use of the property.

ACCESSORY BUILDING OR STRUCTURE - A building or structure, the use of which is customarily incidental and subordinate to that of the principal building located on the same lot.

ACCESSORY USE - A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

ADVERSE ENVIRONMENTAL IMPACT ELEMENT - Any environmental pollutant such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibrations, glare or heat.

ALLEY- A public or private street primarily designed to serve as secondary access to the side or rear of property whose principal frontage is on some other street.

ALTERATION - Any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structure. Alteration shall not be construed to mean any necessary repairs and renovation of an existing structure solely for the purpose of maintenance, improvement or redecoration of the appearance.

APARTMENT - See Dwelling Unit.

       

APPLICANT - The landowner or the agent, optionee, contract purchaser or other person or entity authorized to act for the landowner in submitting an application under this chapter.

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S. 40:55D-34, 35 and 36.

APPROVING AUTHORITY - The Planning Board of the Borough of Manasquan.

       

ARCHITECTURAL DESIGN - In order to promote a desirable environment through creative development techniques and good civic design where elevation or construction of a building is either necessary or desirable, facade treatment shall be required to a point not less than two and one-half (2 1/2) feet above the finished grade of the property surrounding the building.

ATTACHED SIGN - Any sign erected, constructed or maintained on a building with the principal support of the sign being the building, including specifically the painting of signs or displays on the exterior surface of a building. "Attached signs" shall be not more than twelve (12) inches off the building to which they are attached.

AUTOMOBILE REPAIR - General repair, engineer rebuilding or reconditioning of motor vehicles, collision service, such as body, frame or fender straightening and repair, or overall painting of motor vehicles.

AUTOMOBILE SERVICE STATION - A place where motor fuels stored only in underground tanks, kerosene or motor oil and lubricants or grease for operation of automobiles, are retailed directly to the public on the premises, including minor accessories and services for automobiles, but not including automobile repairs and rebuilding. 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. This definition is not intended to cover or include the provision on site of food or beverage sales or other commercial or retail activities not described herein.

BASEMENT- A space having one-half (1/2) or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling of not less than six and one-half (6-1/2) feet.

BED AND BREAKFAST - An "owner-occupied" dwelling in which overnight accommodations and a morning meal are provided for transient guests (guests staying not more than thirty (30) days during any sixty (60) calendar day period) for compensation, and in which the overnight accommodations are accessory to the principal use of the dwelling as a residence.

BICYCLE LANE- A lane at the edge of a roadway reserved and marked for exclusive use of bicycles.

BICYCLE PATH - A pathway, often paved and separated from streets and sidewalks, designed to be used by bicyclists.

BILLBOARD - See Sign, Billboard.

       

BLOCK- A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.

BOARDING HOUSE - A dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well.

BOROUGH - The Borough of Manasquan.

       

BUFFER - Open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate or screen one use of property from another so as to visually shield or block noise, lights or other nuisances.

BUILDING - Any structure having a roof supported by columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals, property or materials of any kind.

BUILDING COVERAGE - The aggregate square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the foundation, and including the area under any roof extending more than two (2) feet beyond the foundation.

BUILDING ENVELOPE - The two-dimensional space within which a structure is permitted to be built on a lot and that is defined by minimum yard setbacks.

BUILDING HEIGHT - The vertical distance from the reference datum to the highest point of the structure. (a) single frontage or corner properties - height shall be measured from the top of the curb or in the absence of the curb from the crown of the road or in the absence of a road with a crown, then from the average of the grades at the center of each street front (or the monumented Borough beach walk in the case of structures contiguous to the beachfront). (b) properties with opposite frontages - heights from the lot midpoint to the respective right-of-way line shall be measured from the top of the curb or in the absence of a curb from the crown of the road or in the absence of a road with a crown, then from the grade at the center of the street front or the monumented Borough beach walk in the case of structures contiguous to the beachfront.

BUILDING LINE - A line parallel to the street line touching that part of a building closest to the street. In the case of a cantilevered section of a building, the building line will coincide with the most projected surface. All yard requirements shall be measured to the "building line."

BUILDING PRINCIPAL - A structure in which is conducted the principal use of the lot on which it is located.

BUSINESS SIGN - An on-premises sign which directs attention to a business, commodity, service, industry, or other activity which is sold, offered, or conducted on the premises on which the sign is located or to which it is affixed.

CALIPER - The diameter of a tree trunk measured in inches, six (6) inches above ground level for trees up to four (4) inches in diameter and measured twelve (12) inches above ground level for trees over four (4) inches in diameter.

CAPMPER :

       

       a. A self-propelled, vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term uses which may contain cooking, sleeping and sanitary facilities.

       b. An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short term use and designed to be attached to the body of another vehicle for transporting from one location to another.

       c. A portable, vehicular structure built on a chassis, designed for camping, the body of which is basically rectangular with a flat top not more than four (4) feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four-foot level for camping activities.

       d. A portable structure built on a chassis, designed for towing and as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight (8) feet and a length not exceeding thirty (30) feet, and which may contain cooking, sleeping and sanitary facilities.

CARPORT - A structure with a roof for storing automobiles, enclosed by not more than three (3) sides.

CAR WASH - Any land, building or part of a building used for the commercial washing of motor vehicles, but excluding service stations where the washing of motor vehicles is a use incidental to the service station.

CARTWAY - The paved area of a street between the curbs, including travel lanes and parking areas but not including shoulders, curbs, sidewalks or swales. Where there are no curbs, the "cartway" is that portion between the parallel edges of the paved street width.

CELLAR - A space with less than one-half of its floor to ceiling height, above the averaged finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6 1/2) feet.

CEMETERY - A use of land for the burial of the dead.

       

CERTIFICATE OF OCCUPANCY - A document issued by the Construction Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all applicable State codes and Municipal ordinances.

CHANGEABLE COPY SIGN - Any sign which is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign shall be prohibited in all zones. This shall include all signage inclusive of billboards.

CHILD CARE CENTER - An establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to N.J.S. 30:5B-1 et seq.

CHURCH . See House of Worship.

       

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 or as a public tavern, caf or other like public place.

CLUB, SOCIAL - A private organization for social purposes in which the principal use is in enclosed buildings and no outdoor sports are involved.

COMMON OPEN SPACE - Land within or related to a development, not individually owned or dedicated for public use that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.

COMMUNITY IMPACT STATEMENT - A study to determine the potential direct or indirect effects of a proposed development on community facilities.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Any community residential facility licensed pursuant to N.J.S. 30:11B-1 et seq. providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (15) developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hotels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (N.J.S. 26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.

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 N.J.S. 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 and psychological welfare.

COMPLETE APPLICATION - The application form and all accompanying documents required by ordinance or promulgated checklist in connection with the approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or permit issuance direction.

CONCEPT PLAN - An informal map of a proposed subdivision or site plan of sufficient accuracy and detail to be used for the purpose of discussion and classification.

CONDITIONAL USE - A use permitted in a particular zoning district upon showing that such use will comply with the conditions and standards for the location or operation of the use as specified in the zoning ordinance and authorized by the approving agency.

CONDOMINIUM PROPERTY - The land covered by the master deed, whether or not contiguous, and all improvements thereon, all owned either in fee simple or under lease and all easements, rights and appurtenances belonging thereto or intended for the benefit thereof.

CONSERVATION EASEMENT - The grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.

CONSOLIDATION - A conveyance of land so as to combine existing lots by deed or other instrument and having the consent of all parties in interest.

CONSTRUCTION OFFICIAL - The Borough official specified in the Municipal Code who is charged with administering the land development regulations, together with the Administrative Officer of the Borough.

CONTIGUOUS PARCELS - Tracts of land which share a common boundary.

       

CONVENIENCE RETAIL - Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, sandwiches and other freshly prepared foods, such as salads. Food products are generally for off-site consumption but may contain seating accommodations of not more than eight (8) seats. Examples shall include but not be limited to a cheese shop, dessert shop or ice cream parlor.

COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Monmouth County, with accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Monmouth County Planning Board pursuant to N.J.S. 40:27-1 et seq.

COUNTY PLANNING BOARD - The Monmouth County Planning Board.

       

COVERAGE, BUILDING - The aggregate square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the foundation and including the area under any roof extending more than two (2) feet beyond the foundation.

COVERAGE, LOT - The aggregate square footage or other measurement by which all buildings and structures and driveways, parking areas, and other impervious surface covers a lot, as measured in a horizontal plane.

CRITICAL AREA - Water bodies, including streams, ponds and lakes, one-hundred (100) year flood plains, freshwater wetlands, transition areas and slopes over twenty-five (25%) percent.

CUL-DE-SAC . See Street, Cul-de-sac.

       

CURB CUT - The depression of the curbline at which point vehicles, people or surface water runoff cross the curbline.

       

DAY - A calendar day in any year.

       

DECK - An above grade, unroofed structure without walls that is attached to a residential dwelling unit, eight (8) inches or more above grade.

DEDICATION - An offering for public use by an owner of an interest in property, with or without improvements, which is accepted by the appropriate public body.

DENSITY - The permitted number of dwelling units per gross acre of land to be developed.

       

DESIGN STANDARDS - Standards that require or establish specific improvement requirements.

       

DETENTION BASIN - A man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the water gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

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; any mining, excavation, landfill or land disturbances or any use, change in use or extension of use of land for which permission may be required pursuant to this chapter.

DEVELOPMENT REGULATION - A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, adopted pursuant to the "Municipal Land Use Law" (N.J.S. 40:55D-1 et seq.).

DEVELOPMENT SIGN - A sign designating the name of a subdivision of residential homes, whether single-family or multi-family, attached or detached or an apartment complex.

DEVELOPMENTALLY DISABLED PERSON - A person who is developmentally disabled as defined in N.J.S. 30:11B-2.

DILAPIDATED SIGN - A sign which is structurally unsound, contains faulty wiring or loose fastenings, or is otherwise detrimental to the public health, safety or welfare.

DIRECTIONAL SIGN - Any sign which is designed and erected solely for the purpose of traffic or pedestrian direction which is placed on the property to which or on which the public is directed.

DISTRICT - The zone districts established in this chapter.

       

DORMER - A projection from a sloping roof that contains a window which shall exceed ten (10) feet in length measured along the fascia and is set back a minimum of two (2) feet from the exterior vertical building wall beneath the dormer.

DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention and alleviation of flooding.

DRIVEWAY - A delineated paved and unpaved area used for ingress and egress of vehicles and allowing access from a street to a building or other structure or facility.

DRIVE-IN RESTAURANT/TAKE OUT - The same as "Restaurant Drive-In/Take-Out."

       

DWELLING - A structure or portion thereof that is used exclusively for human habitation. "Dwellings" may include but are not limited to the following types:

DETACHED SINGLE-FAMILY - A dwelling unit that is not attached to any other dwelling by any means.

GARDEN APARTMENT - Three (3) or more dwelling units located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. "Garden apartments" may include buildings in cooperative or condominium ownership. Also see "dwelling, multifamily."

TOWNHOUSE - A one (1) family dwelling unit in a row of at least three such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls.

MULTIFAMILY - A building containing three (3) or more dwelling units that share common vertical and/or horizontal separations, including garden apartments.

SEMI-DETACHED SINGLE-FAMILY - A single-family dwelling attached to one (1) other single-family dwelling on an adjoining lot by a common vertical wall erected on the lot line dividing the two (2) lots.

EASEMENT - A grant of one (1) or more property rights by the property owner to and/or for use by the public, a corporation or another person or entity.

ENVIRONMENTAL COMMISSION - The Manasquan Environmental Commission, a municipal advisory body, created pursuant to N.J.S. 40:56A-1 et seq.

ENVIRONMENTAL CONSTRAINTS - Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

ESCROW - A deed, bond, money, or a piece of property delivered to a third person to be delivered by that person to the grantee only upon fulfillment of a condition.

EXTENDED CARE FACILITY - A long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.

EXTERNALLY LIGHTED SIGN - Any sign whose sole source of artificial illumination is outside the display portion of the sign.

FACADE SIGN . Reserved.

       

FAIR HOUSING ACT - The provisions of N.J.S. 52:27D-302 et seq.

       

FAMILY - A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

FAMILY DAY CARE HOME - A private residence which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act" (N.J.S. 30:5B-16 et seq.); and is further defined as a private residence in which child care services are provided for a fee to not less than three and no more than five children at any one time for no less than 15 hours per week; except that the division shall not exclude a family day care home with less than three children from voluntary registration.

FAST SERVICE RESTAURANT - An establishment or business which is essentially designed to dispense a limited variety of food and beverages which are so prepared, packaged in paper or in other types of disposable wrappers and contained in a form for quick or ready consumption. Such establishments may or may not have tables, and the food and beverages may be sold for consumption inside the building or on or off the premises. It shall not include a convenience retail establishment.

FENCE - An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.

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 or guarantees properly posted for their completion, or approval conditioned upon the posting of those guarantees.

FINAL PLAT - The final map of all or a portion of a subdivision which is presented for final approval.

FLOOD ELEVATION DETERMINATION - A determination of the water surface elevations of the design flood, i.e., the flood level that has a one (1%) percent or greater chance of occurrence in any given year, i.e., a one hundred (100) year storm.

       

FLOOD FRINGE AREA - That portion of the flood hazard area outside the floodway, based on the total area inundated during the regulatory base flood plus twenty-five (25%) percent of the regulatory base flood discharge. See Figure below.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

FLOOD HAZARD AREA - The floodway and flood fringe areas of a delineated stream as determined by the New Jersey Department of Environmental Protection under N.J.A.C. 7:13 et seq. (Flood Hazard Control). See Figure below.

FLOOD PLAIN - The relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by flood water. Also known as a floodway. See Figure below.

       

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

FLOODWAY - The channel of a natural stream or river and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river. See Figure below.

       Distances A-B and C-D are the Flood Fringe Zones

       Distance H-K is the 100 year Flood Plain & Flood Hazard Area

       Distance A-D is the Floodway Line

       Distance l-J is the Stream Channel

       Line E is the Flood Elevation when confined within the Floodway

       Line F is the Flood Elevation after encroachment

       Line G is the Flood Elevation before encroachment

FLOOR AREA, GROSS - The sum of the gross horizontal areas of all floors of a building or group of buildings on a lot, measured from the exterior faces of exterior walls or from the center line of a wall separating two (2) buildings, but excluding the following:

       a. Cellars; or

       b. Any floors or portions thereof contained on terraces or balconies projecting beyond the exterior face of the building.

FLOOR AREA, NET HABITABLE (N.H.F.A.) - The finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least six and one-half (6 1/2) feet including working, living, eating, cooking, sleeping, stair, hall, service and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories and unfinished attics and basements.

FLOOR AREA RATIO (FAR) - The gross floor area, of all buildings on a lot divided by the total lot area.

FRONTAGE . See Lot, Frontage.

       

GARAGE, PRIVATE - A structure that is an accessory to the principal building and that is used for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GARAGE, PUBLIC - A building, other than a private garage, used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration within the structure.

GARAGE, REPAIR - Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of motor vehicles is conducted or rendered. Sales of motor vehicle accessories are permitted. This term does not include car washes and motor vehicle showrooms for new or used motor vehicles.

GROUND FLOOR - The first floor of a building other than a cellar or basement.

       

GROUP HOME - Any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies, provided, however, that no group home shall contain more than twelve (12) children.

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 - Any real property, man-made structure, natural object or configuration or any portion or group of the aforegoing of historical, archaeological, cultural, scenic or architectural significance.

HOME OCCUPATION - An occupation including, but not limited to, any licensed profession, conducted in a dwelling unit, subordinate to its residential use, provided that:

       a. The occupation may be pursued in the principal dwelling unit structure or in a secondary building which is accessory to the principal building or structure.

       b. The use of the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25%) percent of the net habitable floor area of all structures shall be used in the conduct of the home occupation.

       c. No other person other than members of the household residing on the premises plus one (1) secretary or other assistant shall be engaged in the occupation.

       

       d. The residential character of the lot and building shall not be changed; no occupational sounds shall be audible outside the building; and no equipment shall be used which will cause interference with radio or television reception in neighboring residences.

       e. There shall be no exterior evidence of the home occupation other than one (1) unlighted name plate identifying the home occupation, not exceeding four (4) square feet in area, either attached or free-standing and set back at least fifteen (15) feet from all street rights-of-way and property lines.

       f. The home occupation shall not generate vehicular traffic in excess of two (2) passenger automobiles, which must be parked off-street.

       g. The applicant shall have applied for and received "minor" site plan approval.

HOME PROFESSIONAL OFFICE - The office or a studio of a resident physician, dentist, lawyer, licensed professional planner, licensed professional engineer, artist, licensed land surveyor, registered architect or teacher as herein restricted, provided that no more than two (2) persons are employed who are not members of the family and that such office shall be in the main building and shall not occupy more than the equivalent of one-half (1/2) of the area of one (1) floor of the building. For the purpose of this definition, "teacher" shall be restricted to a person giving individual instructions in a musical instrument, in singing or in academic or scientific subjects to a single pupil at a time. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of economic goods or services. Dancing instructions, band instrument or voice instruction in groups, tearooms, tourists homes, beauty parlors, hairdressing and manicuring establishments, real estate offices, insurance offices, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home professional offices". The "home professional office" of a physician shall not include a biological or other medical testing or screening laboratory.

HOTEL - A facility offering transient lodging accommodations to the general public and which may provide additional services, such as restaurants, reception rooms, meeting rooms, entertainment and recreation facilities.

HOT TUB/SPA - A structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the structure.

HOUSE OF WORSHIP - A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

HOUSEHOLD - A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of fast food within the dwelling unit.

IMPERVIOUS COVERAGE - That portion of the lot that is covered by nonpermeable surfaces, including but not limited to, buildings, parking areas, driveways, service areas, streets, walkways, patios, pools and plazas. With reference to walkways, patios and plazas, the materials utilized in the construction of such areas, may determine to be permeable based upon commonly accepted construction standards and credible testimony received by the Board. All required parking areas which are permitted to remain unimproved and all gravel areas and landscape areas shall be considered as impervious surfaces if they are lined with weed-inhibiting plastic or other material.

IMPROVEMENT - Any man-made, immovable item which becomes part of, placed upon, or is affixed to real estate.

INFORMAL REVIEW - At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development provided same does not require relief in form of a use variance for which the developer intends to prepare and submit an application for development. The amount of any fees for an informal review shall be a credit toward fees for review of the application for development. Neither the developer nor the Board shall be bound by any concept plan presented or for any comments or recommendations made during an informal review.

INOPERABLE VEHICLE - Any vehicle, including but not limited to automobiles, motorcycles, motor-drawn vehicles, omnibuses, semitrailers, trailers, trucks, truck tractors, and other motor vehicles all as defined in Title 39 of the New Jersey Statutes, which is not operable or which is not capable of being safely and legally operated on public roads, streets or highways. Any vehicle which is unregistered or without current license tags or plates shall be considered an inoperable vehicle. A vehicle located at a facility for not more than seven (7) days while awaiting repairs shall not be considered to be an inoperable vehicle.

INTERNAL SIGN - Any sign erected, constructed or maintained inside of a building and visible from outside the building, whether illuminated or non-illuminated.

INTERNALLY LIGHTED SIGN - Any sign whose sole source of artificial illumination is contained within the display portion of the sign.

LAND - Real property including improvements and fixtures on, above, or below the surface.

       

LAND AREA, GROSS (G.L.A.) - The entire area of a lot or lots included in a single proposed development or site plan, before any deductions are made for wetlands, conservation areas, steep slopes or for any other required purpose.

LAND AREA, NET (N.L.A.) - The remaining developable area of a lot or lots included in a single proposed development or site plan, after deductions are made for wetlands, conservation areas, steep slopes or for any other required purpose.

LANDING - A level part of a staircase at the end of a flight of stairs.

       

LANDLOCKED - Property which has no ownership adjacent to a public street right-of-way and is surrounded by lands belonging to others.

LANDSCAPE PLAN - A component of a development plan on which is shown: proposed landscape species (such as number, spacing, size at time of planting and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features; grade changes; buffers and screening devices; and any other information that can reasonably be required in order that an informed decision can be made by the approving authority.

LOT - A designated parcel, tract or area of land established by plat, subdivision, court order or as otherwise permitted by law, to be separately owned, used, developed or built upon.

LOT AREA - The total area within the lot lines of a lot.

       

LOT CORNER - A lot or parcel of land abutting upon two (2) or more intersecting streets, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

LOT DEPTH - The average distance measured from the front lot line to the rear lot line.

       

LOT FRONTAGE - The length of the front lot line measured at the street right-of-way line. On a corner lot, the lesser frontage shall be the front of the lot and the greater frontage shall be the depth of the lot. If a corner lot has equal frontages, the front yard shall be the yard on which the main entry of the structure faces, and such designation of the front yard shall be permanent. If an interior lot faces two (2) streets, the property owner shall select the front yard when applying for a zoning permit to build a structure and such designation shall be permanent.

LOT, FLAG - A lot not meeting minimum frontage requirements and where access to the public street is by a private right-of-way or driveway. See Figure below.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

LOT, INTERIOR - A lot other than a corner lot.

       

LOT LINE - A line of record bounding a lot that divides one lot from another adjoining lot or from a public or private street or any other public space.

LOT LINE, FRONT - The lot line separating from a street right-of-way, also referred to as a "street line".

LOT LINE, REAR - The lot line opposite and most distant from the front lot line, or, in the case of triangular or otherwise irregularly shaped lots, a line at least ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

LOT LINE, SIDE - Any lot line other than a front or rear lot line.

       

LOT WIDTH - The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum building setback line.

LOW-INCOME HOUSING - Housing affordable according to Federal Department of Housing and Urban Development or the standards established by the New Jersey Council on Affordable Housing for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to fifty (50%) percent or less of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to affordability controls promulgated by the Council.

MAINTENANCE GUARANTEE - Any security, including but not limited to letters of credit and surety bonds, that may be required and accepted by the Borough to assure that necessary improvements will function as required for a specific period of time.

MAJOR SITE PLAN - Any site plan not classified as a minor site plan.

       

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.

       

MARINA - A waterfront facility predominantly used for the dockage and moorage of recreational boats for which dockage or moorage fee is paid and sanitary facilities and parking area provided.

MARQUEE - Any hood, canopy, awning or permanent construction that projects from the exterior wall of a building, usually above an entrance, or the front face of the building.

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 pursuant to N.J.S. 40:55D-28 et seq.

MINOR SUBDIVISION - A subdivision of land that does not involve any of the following:

       

       a. The creating of more than two (2) lots (one (1) new lot and the remaining parcel), each fronting on an existing improved street or road;

       b. A planned development;

       c. Any new street; or

       d. The extension of any off-tract improvements.

       Any subdivision application from a subdivider or owner which has previously been subdivided or granted a "minor subdivision" shall be classified as a major subdivision.

MODERATE-INCOME HOUSING - Housing affordable according to Federal Department of Housing and Urban Development or the standards established by the New Jersey Council on Affordable Housing for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income in excess of fifty (50%) percent but less than eighty (80%) percent of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to affordability controls promulgated by the Council.

MOTEL - An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

MULTIPLE OCCUPANCY AND TENANCY SIGN - A single sign relating to a use or facility, such as a shopping center, industrial park or office complex, where there is more than one (1) occupancy and/or tenancy of uses, where the multiple occupancy and tenancy use a common parking facility and/or common private drive or roadway and where the names and professions or business names of the various tenants and/or occupants are displayed.

MUNICIPAL LAND USE LAW - N.J.S. 40:55D-1 et seq.

       

NONCONFORMING LOT - A lot, the area or dimensions of which was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption to conform to the requirements of this chapter.

NONCONFORMING SIGN - Any sign lawfully existing on the effective date of an ordinance or any amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of this chapter.

NONCONFORMING STRUCTURE - A structure or building, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the requirements of this chapter.

NONCONFORMING USE - A use or activity that was lawful prior to the adoption, revision or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the requirements of this chapter.

NURSERY SCHOOL - A school designed to provide daytime care or instruction for two (2) or more children from two (2) to six (6) years of age, inclusive, and operated on a regular basis and licensed by the State of New Jersey.

NURSING HOME - A building providing shelter and/or supplemental health care for the elderly or infirm and meeting the standards of the New Jersey State Department of Institutions and Agencies to operate as a "nursing home."

OFFICIAL MAP - A map adopted in accordance with the Official Map and Building Permit Act, N.J.S. 46:24-5 et seq. only to the extent that it is consistent with the provisions of N.J.S. 40:55D-32 et seq. and to the extent that it has not been supplanted by an official map adopted pursuant to N.J.S. 40:55D-32 et seq. A map so adopted shall be deemed conclusive with respect to the location and width of streets, drainage rights-of-way, and flood control basins.

OFF-SITE - Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a contiguous portion of a street or other right-of-way.

OFF-TRACT - Not located on the property that is the subject of a development application nor or on a contiguous portion of a street or other right-of-way.

ON-SITE - Located on the lot that is the subject of an application for development.

       

ON-TRACT - Located on the property that is the subject of a development application or on a contiguous portion of a street or other right-of-way.

OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public and private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OUTBUILDING - A separate accessory building or structure not physically connected to the principal building and located on the same lot.

OUTDOOR STORAGE - The keeping, in an unroofed area, of any items including, but not limited to, goods, junk, material, trailers, merchandise and vehicles in the same place for more than twenty-four (24) hours.

OWNER - An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

PARKING LOT - An off-street area, usually improved, for the temporary storage and circulation of motor vehicles.

PARKING SPACE - A space for the parking of one (1) motor vehicle within a public or private parking area, but not within a dedicated street.

PATIO - A level, impervious surfaced area directly adjacent to a principal building at or within three feet of the finished grade, not covered by a permanent roof and used primarily for passive recreation.

PERFORMANCE GUARANTY - Any security, including but not limited to letters of credit, surety bond that may be accepted by the Borough to ensure that improvement required as part of an application for development are satisfactorily completed.

PERSONAL SERVICE ESTABLISHMENT - Any establishment primarily engaged in providing services involving the care of a person or a person's goods or apparel, such as cleaning, laundry, beauty shops, barbershops, shoe repair, nail shops, physical therapists, eye glass sales and examination, and similar uses, but excluding tattoo parlors and body piercing establishments.

PIER - A structure extending over land or water for use as a landing place or promenade. A pier may also act as the support for other structures.

PLANNED DEVELOPMENT - An area of a minimum contiguous size as specified by this chapter, to be planned, developed, operated and maintained as a single entity according to a plan and containing one (1) or more structures with appurtenant common areas.

PLAT - A map of a subdivision or site plan.

       

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to the MLUL 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, and relationship to its site and immediate environs.

PRELIMINARY SUBDIVISION PLAT - A map indicating the proposed layout of a development and related information that is submitted for preliminary approval.

PORCH - A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.

PRINCIPAL BUILDING - A building in which is conducted the main use of the lot.

       

PRINCIPAL BUILDING, STRUCTURE OR USE - A building, structure or use which is the main or primary building, structure or use on the lot.

PROFESSIONAL OFFICE - The office of a member of a recognized profession maintained for the conduct of that profession.

PROJECTING SIGN - A sign, other than a wall sign, which is attached to and projects more than twelve (12) inches from a wall of a building.

PUBLIC BEACHFRONT - The lands of the Borough of Manasquan which lie along the Atlantic Ocean and are as indicated on the Tax Map of the Borough of Manasquan. The public beachfront area includes the public walkways, beach accessways and steps, dunes, storm protection jetties, and all appurtenant and accessory public purpose structures.

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 IMPROVEMENTS - Improvements which the Board may deem necessary or appropriate, including but not limited to streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyors monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans, other on-site improvements and landscaping.

QUORUM - A majority of the full authorized membership of a board or agency.

       

RECREATIONAL VEHICLE - A vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use, and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

RESTAURANT - Any establishment, however designated, at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building, which building complies with the restaurant requirements as to restroom facilities under the Uniform Construction Code, unless exempt therefrom. A restaurant shall not be deemed to include any retail food establishment that sells food primarily for take-out or consumption on the premises but outside the confines of the principal building, or in automobiles parked upon the premises. A restaurant also shall not be deemed to include any snack bar at a public or community playground, playfield, park.

RESTAURANT, DRIVE-IN - Any restaurant or retail food establishment with a drive-in window.

       

RESTAURANT, FAST-FOOD - A business establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises.

RESUBDIVISION - (1) 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 (2) 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 as long as only one use exists on the combined lot.

RETAIL FOOD ESTABLISHMENT - An establishment where the majority of the patrons purchase prepared foods, soft drinks, ice cream, and similar confections for take-out or consumption off-premises or 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.

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.

RIGHT-OF-WAY - A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.

RIGHT-OF-WAY LINES - The lines that form the boundaries of a right-of-way.

       

ROOMING HOUSE - A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or transients.

SATELLITE DISH ANTENNA - Any apparatus or structure constructed or installed out of doors consistent with Section 35-44 with the purpose of receiving television, radio or similar waves, but distinguished from conventional radio or television antennae.

SATELLITE EARTH STATION - Any apparatus capable of transmitting and/or receiving signals from geostationary orbital satellites.

SCHOOL - Any building or part thereof which is designed, constructed or used for education of students up to and through the secondary level.

SCREEN - Any structure or planting consisting of fencing, berms, evergreen trees or shrubs providing a continuous view obstruction within a site or property.

SELF-STORAGE FACILITY - A facility providing individual rental units for the temporary storage of furniture, household goods, office equipment, files and similar items and including not more than one residential unit for a resident manager and family.

SENIOR CITIZEN - A person who is fifty-five (55) years or older.

       

SENIOR CITIZEN HOUSING - Housing within which residency shall be restricted to a person fifty-five (55) years or older. A person under the age of fifty-five (55) may reside in a Senior Citizen Housing Complex provided that his or her spouse is fifty-five (55) years or older.

SETBACK - The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.

SETBACK LINE - A line parallel to any street line, beyond which no building or portion thereof may be erected except as provided in this chapter.

SIGN, GROUND - Any sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.

SIGN, HOME OCCUPATION - A sign containing only the name and occupation of a permitted home occupation.

SIGN, ILLUMINATED - A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

SIGN, PROJECTING - A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.

SIGN, REAL ESTATE - A sign pertaining to the sale or lease of the premises or a portion of the premises on which the sign is located.

SIGN, ROOF - A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.

SIGN, TEMPORARY - A sign or advertising display constructed of cloth, canvas fabric, plywood or other light material and designed or intended to be displayed for a period of time not to exceed ten (10) days.

SIGN, WALL - A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than twelve (12) inches from such building or structure.

SIGN, WINDOW - A sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.

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 Planning Board, adopted pursuant to N.J.S. 40:55D-37 et seq.

SKETCH PLAT - A concept, informal map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

STAIRWELL DORMER - A dormer which encloses the stairwell and is not required to be set back a minimum of two (2) feet from the exterior vertical building wall beneath the dormer.

STANDARDS OF PERFORMANCE-STANDARDS .

       

       a. Adopted by ordinance, pursuant to N.J.S. 40:55D-65, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and other similar matters as may be reasonably required by the Board; or

       b. Required by applicable Federal or State laws or municipal ordinances.

STORAGE SHED - An accessory building used for the storage of items such as, but not limited to, tools, lawn and garden equipment, furniture, and similar items of personal property belonging to the occupant of the principal structure.

STORMWATER DETENTION - A provision for storage of stormwater runoff and the controlled release of the runoff during and after a flood or storm.

STORY - That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.

STORY, HALF - The finished area of an attic where the intersection of the roof rafters and the exterior wall occurs within four (4) inches of the floor/ceiling system, and in which space the maximum floor area at a ceiling height of five (5) feet or more, inclusive of stairwells and roofed over porches, does not exceed sixty (60) percent of the square footage of the floor directly below, inclusive of roofed over porches.

       All dormers, except stairwells, must be stepped back a minimum of twenty-four (24) inches from the exterior wall face beneath it, except for stairwell dormers located on residential principal buildings located in Flood Hazard Zone V as reflected on the most current FEMA Flood Insurance Rate Map (FIRM) as released on December 15, 2012.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

STREAM - A watercourse having a source and terminus, banks and channel through which waters flow at least periodically.

STREET - Any vehicular way that is: (1) an existing State, County or Municipal road; (2) shown upon a plat approved pursuant to law; (3) approved by other official action; or (4) shown on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. A "street" includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas.

STREET LINE . See right-of-way line.

       

STRUCTURAL ALTERATIONS - Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders or in the utility systems or mechanical equipment of a structure, which change materially alters the usability, capacity or function of the structure.

STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of land or water.

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. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

       a. Divisions of land found by the Planning Board 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;

       b. Divisions of property by testamentary or intestate provisions;

       c. Divisions of property upon court order, including but not limited to judgments of foreclosure;

       d. Consolidation of existing lots by deed or other recorded instrument; and

       e. The conveyance of one (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 Code Enforcement Officer to conform to the requirements of the municipal development and zoning regulations of the Borough of Manasquan and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Borough.

       The term "subdivision"' shall also include the term "resubdivision."

SWIMMING POOL, PRIVATE - Any artificially manufactured or constructed swimming pool or wading pool permanently or temporarily constructed, installed or maintained upon any premises for the use by occupants of the premises or their household guests, whether maintained above or below ground level.

TRACT - A parcel, property or area of land comprised of one (1) or more lots adjacent to one another established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.

TRANSIENT GUEST - Persons staying not more than thirty (30) days during any sixty (60) day period.

TRANSITION BUFFER - A landscaped area intended to act as a visual separation between two land uses of different intensity.

TWO-FAMILY - A building on a single lot containing two (2) dwellings, each of which is separated from the other by an unpierced fire resistant wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

USE - The purpose or activity for which land or buildings are arranged, designed or intended or for which land or buildings are occupied or maintained.

USE, PRINCIPAL - The main or primary activity of any lot or parcel.

       

WAREHOUSE - A building used primarily for the storage of goods and materials.

       

WELL - On-site subsurface source of water supply, including pumping and treatment equipment to provide irrigation or potable water service to a lot or lots in accordance with regulations of the New Jersey Department of Environmental Protection and Energy and the Monmouth County Health Department.

WHOLESALE SALES AND SERVICES - Establishments or places of business primarily engaged in selling merchandise to retailers; industrial, commercial, institutional or professional business users; other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, but excluding lumber and building material sales.

YARD - An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the ordinance is unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance.

YARD, FRONT - A space extending across the full width of the lot between any building and the front lot line and measured perpendicularly to the building at the closest point to the front lot line.

YARD, REAR - A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

YARD, SIDE - A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.

Yard line - a line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard. See Figure below.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

ZONE - A specifically delineated area or district within which uniform regulations govern the use, placement, spacing and size of land and buildings.

ZONING MAP - The map annexed to and made a part of this chapter, indicating zone boundaries.

       

ZONING PERMIT - A document, signed by the Zoning Officer, or in his absence, by either the Construction Official or the Code Enforcement Officer, which either 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 or which acknowledges that such use, structure or building complies with the provisions of the Municipal Zoning Ordinance or variance therefrom duly authorized by the appropriate agency of the Borough of Manasquan pursuant to N.J.S. 40:55D-60 and 70. (Ord. No. 1812-2000 § 2; Ord. No. 1825-00 § 1; Ord. No. 1884-02 §§ 1, 2; Ord. No. 1976-06 § 1; Ord. No. 2034-08 § 1; Ord. No. 2057-09 § 1; Ord. No. 2100-11; Ord. No. 2122-12 § 2; Ord. No. 2130-13 §§ 4,5; Ord. No. 2145-13 § 1; Ord. No. 2150-14 § 1)

AFFORDABLE HOUSING DEVELOPMENT shall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a Borough construction project or a one hundred (100%) percent affordable development.

COAH OR THE COUNCIL shall mean the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.

DEVELOPMENT FEE shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

DEVELOPER shall mean 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.

EQUALIZED ASSESSED VALUE shall mean the assessed value of a property divided by the current average ratio of assessed to true value for the Borough of Manasquan, as determined in accordance with sections 1, 5, and 6 of P. L.1973, c.123 (C.54:1-35a through C.54:1-35c).

GREEN BUILDING STRATEGIES shall mean those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services. (Ord. No. 2042-08 § 2)

ADMINISTRATIVE AGENT shall mean the person or entity responsible for administering the affordability controls of some or all units in the affordable housing program for Manasquan to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.

MUNICIPAL HOUSING LIAISON shall mean the employee charged by the Governing Body with the responsibility for oversight and administration of the affordable housing program for Manasquan. (Ord. No. 2044-08 § 2)

ACCESSORY APARTMENT means a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing home, or through the conversion of an existing attached accessory structure on the same site, or by an addition to an existing home or accessory building.

MINOR SUBDIVISION shall mean a subdivision of land that does not involve the creation of more than two (2) lots fronting on an existing street; planned development; any new street; or extension of any off-tract improvement and that does not adversely affect the development of the remainder of the parcel or adjoining property.