APPEAL means a request for a review of the Construction Official's interpretation of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING means a designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
AREAS OF SPECIAL FLOOD RELATED EROSION HAZARD is the land within a community which is most likely to be subject to severe flood related erosion losses. After a detailed evaluation of the special flood related erosion hazard area will be designated a Zone E on the Flood Insurance Rate Map.
BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any given year.
BASEMENT means any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
COASTAL HIGH HAZARD AREA means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.
DEVELOPMENT means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
**Webmasters Note: There is a page missing from the original document and it will be inserted upon receipt.
[c] Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
[d] Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved State program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in States without approved programs.
LOWEST FLOOR means the lowest floor of the lowest enclosed area [including basement]. An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.
PRIMARY FRONTAL DUNE means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE means a vehicle which is [i] built on a single chassis; [ii] 400 square feet or less when measured at the longest horizontal projections; [iii] designed to be self-propelled or permanently towable by a light duty truck; and [iv] designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
ADMINISTRATIVE OFFICER The Secretary of the Planning Board or Board of Adjustment or the Clerk of the municipality, as the case may be, according to which of the said agencies is involved in a particular instance.
APPLICANT - A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application or appeal form and all accompanying documents required by this chapter for approval of a subdivision plat or site plan.
APPROVING AUTHORITY - The Planning Board or the Zoning Board of Adjustment of the Borough of Bradley Beach, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
BLOCK - The area bounded by one or more streets or a municipal boundary as shown on the Borough Tax Map and being of sufficient size to accommodate a lot or lots of the size required by Chapter 450, Zoning.
CERTIFIED PLAN - A plan for soil erosion and sediment control that meets the standards for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Commission Committee and that has been approved by the Freehold Soil Conservation District.
CHANNEL - A watercourse with a definite bed and banks that confine and conduct continuously or intermittently flowing water.
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.
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 common use or enjoyment of residents and owners of the development.
COMPLETE APPLICATION - An application for development containing all items specified as being required in the application checklist included in this chapter as Appendix A.
CROSSWALK OR WALKWAY - A right-of-way, dedicated to public use, to facilitate pedestrian access through subdivision.
CUL-DE-SAC OR DEAD-END STREET - A street or portion of a street in which accessibility is limited to only one point of ingress and egress.
DAY - Calendar days.
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 any other person having an enforceable proprietary interest in such land.
DEVELOPMENT - The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENT ENFORCEMENT OFFICER - The Construction Official.
DEVELOPMENT REGULATIONS - Chapter 450, Zoning, Chapter 60, Land Use Procedures, the Zoning Map and any other municipal regulation of the use and development of land or amendment thereto, adopted and filed pursuant to Chapter 291 of the Laws of New Jersey, 1975.
DISTURBANCE - Any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity that causes soil to be exposed to the danger of erosion.
DIVERSION - A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope or grade.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means, including provisions to control runoff to minimize erosion during and after construction or development, provisions for preserving groundwater supply and provisions for prevention or alleviation of flooding.
DWELLING - Any structure or portion thereof designed or used exclusively as the residence by one or more persons. Hotels, motels, dormitories, fraternity or sorority houses, rooming and/or boarding houses and other similar group quarters and institutional living space shall not be considered a "dwelling" as defined in this chapter.
DWELLING UNIT - Any room or group of rooms within a structure or part thereof, forming a single habitable unit with facilities used or designed to be used for living, sleeping, cooking, eating and sanitation, providing complete living facilities for one family.
DWELLING, SINGLE-FAMILY - A structure containing one dwelling unit, designed for or occupied by one family.
DWELLING, TWO-FAMILY - A structure containing two separate dwelling units, designed for or occupied by two families living independently of one another.
DWELLING, MULTIPLE-FAMILY - A structure containing three or more separate dwelling units, designed for or occupied by three or more families living independently of one another.
EASEMENT - A use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, a corporation, or particular person or persons for specified uses.
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
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 guaranties properly posted for their completion, or an approval conditioned upon the posting of such guaranties.
GOVERNING BODY - The Mayor and Council of the Borough of Bradley Beach.
LAND - Includes improvements and fixtures on, above or below the surface.
LOT - A designated parcel, tract or area of land, established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.
LOT AREA - The size of a lot measured within the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot included within a street right-of-way.
LOT LINE - Any line dividing one lot from another lot or from a public right-of-way or thoroughfare.
MAINTENANCE GUARANTY - Any security that may be accepted by the municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit, and cash.
MAJOR SITE PLAN - Any site plan not classified as a "minor site plan."
MAJOR SUBDIVISION - Any subdivision not classified as a "minor subdivision."
MASTER PLAN - A composite of one or more written or graphic proposals for the development of the Borough recommending standards for the promotion of the comfort, convenience, public health, safety and general welfare of the community, and which shall have been duly adopted by the Planning Board.
MAYOR - The chief executive of the Borough.
MINOR SITE PLAN - Any site plan for development of not more than 1,000 square feet of new or additional floor area and not more than five new or additional off-street parking spaces and which meets all the requirements of the zone in which it is located.
MINOR SUBDIVISION - A subdivision of land that results in the creation of three or fewer lots, and does not involve a planned development, any new street or the extension of any off-tract improvement.
MUNICIPAL AGENCY - The Planning Board, Board of Adjustment or governing body or any agency created by or responsible to the municipality when acting pursuant to this chapter.
MUNICIPAL LAND USE LAW - Chapter 291 of the Laws of New Jersey, 1975 as amended from time to time.
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 right-of-way.
OFF TRACT - Not located on the property that is the subject of a development application nor on the closest half of the abutting street or right-of-way.
ON SITE - Located on the lot in question and excluding any abutting street or right-of-way.
ON TRACT - Located on the property that is the subject of a development application or on the closest half of an abutting street or right-of-way.
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 off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER - An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed or subdivided, to commence and maintain proceedings to develop the same under this chapter.
PERFORMANCE GUARANTY - Any security that may be accepted by the Borough, including but not limited to surety bonds, letters of credit and cash, provided that the municipality shall not require more than 10% of the total performance guaranty in cash.
PLANNING BOARD - The Planning Board of the Borough of Bradley Beach.
PLAT - The map or maps of a subdivision or site plan.
PLAT, FINAL - The final map of all or a portion of a subdivision which is presented to the Planning Board for final approval in accordance with these regulations, and which, if approved, shall be filed with the Clerk of the County of Monmouth for recording in accordance with the Map Filing Law.
PLAT, SKETCH - The map of a subdivision or site plan of sufficient accuracy and containing all items specified as being required in the application checklist included in this chapter as Appendix A to be used for the purpose of classification and informal review and discussion.
PREAPPLICATION CONFERENCE - A conference attended by the planner, engineer, zoning officer, or their representative and other boards or agencies as may be required for a specific application.
PRELIMINARY APPROVAL - The conferral of certain rights as to site plans and major subdivisions pursuant to N.J.S.A. 40:55D-49 prior to final approval and after specific elements of a development plan have been agreed upon by the Planning Board and applicant.
PRELIMINARY FLOOR PLAN AND ELEVATION - 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.
PUBLIC DRAINAGEWAY - 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 OPEN SPACE - An open space area conveyed or otherwise dedicated to the Borough, a Borough agency, the Board of Education, a state or county agency, or any other public body for recreational or conservational uses.
QUORUM - The majority of the full authorized membership of a municipal agency.
RESIDENTIAL SITE IMPROVEMENT STANDARDS - N.J.A.C. Title 5, Chapter 21, adopted January 6, 1997, as subsequently revised, also referred to as "RSIS."
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 other instrument.
SEDIMENT - Solid material, both mineral and organic, that is in suspension, is being transported, or has been removed from its site of origin by air, water or gravity as a product of erosion.
SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEDIMENT BASIN - A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel or silt or other material.
SITE PLAN - A development plan of one or more lots on which are shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
B. 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, and screening devices; and
C. Any other information that may be reasonably required in order to make an informed determination as to approval of the plan.
STORMWATER DETENTION/RETENTION - Any storm drainage technique that retards or detains runoff, to reduce the peak rate or total volume of runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STREAM ENCROACHMENT PERMIT - A permit issued by the Department under the provisions of the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq. and the Flood Hazard Area Rules, N.J.A.C. 7:13.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
A. That is an existing state, county or municipal roadway; or that is
B. Shown upon a plat heretofore approved pursuant to law;
C. Approved by official action as provided by this chapter; or
D. Shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; including the land between the street lines, whether improved or unimproved, and whether or not comprising pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas.
STREET, ARTERIAL - Used primarily for fast or heavy volumes of traffic and are used generally to proceed between major urban centers, or other large areas of development as commercial centers, industrial areas, and concentrated residential communities through or around the locality of the Borough.
STREET, COLLECTOR - Those that carry traffic from local streets to the arterial streets and designed to have considerable continuity and traffic capacity.
STREET, CUL-DE-SAC - A local dead-end street terminating in a circular or other turnaround area generally not used for ingress and egress by more than 20 abutting lots and generally not longer than 500 feet.
STREET, LOCAL - Those streets which need to be entered only for stopping at a destination on that street and which need not be used for general traffic circulation through the Borough.
STREET, LOOP - A continuous local street whose entrance and exit are parallel or nearly parallel to each other and generally not used for ingress and egress by more than 50 abutting lots.
STRUCTURE - A combination of materials forming a construction, assembly or erection, for occupancy, use, or ornamentation, whether installed on, above or below the surface of the parcel of land, including but not limited to buildings, sheds, fences, walls, decks, signs, towers, swimming pools, and platforms.
SUBDIVISION - The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
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 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 instrument.
(5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality.
B. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE - A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and such duties relating to land subdivision which may be conferred on this Committee by the Board.
OWNER - Includes sole owner or any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of the abutting property.
SIDEWALK - Includes those portions of sidewalks lying in the angles of the intersection of streets.
EXCAVATION WORK - Any 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, 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. For the purpose of this article, that work which is being performed outside the public right-of-way, but which requires storage of materials or operation of equipment within the public right-of-way, in such manner as may cause damage, will be considered "excavation work."
STREET - Any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough, a public street, as well as any state or county road or highway over which the Borough has acquired jurisdiction by agreement.
SWIMMING POOL, PRIVATE - A swimming pool accessory to and constructed or installed on a property containing a one- or two-family dwelling for use by the residents or occupants of the dwelling or dwellings and their guests for which no fee is charged and which shall include but not be limited to in-ground pools, aboveground pools, including portable pools, and wading pools in excess of 50 square feet and 12 inches deep which are constructed of wood, plastic, metal, fiberglass or concrete materials.
SWIMMING POOL, SEMIPUBLIC - A swimming pool accessory to and constructed or erected on a property containing a hotel, motel, bed-and-breakfast, townhouse or apartment complex as a benefit to and exclusively for residents or occupants of the hotel, motel, bed-and-breakfast, townhouse or apartment complex and their guests.
SWIMMING POOL, WADING - A shallow portable pool intended for the use of children, located or situated on a property containing a one- or two-family dwelling for use by the residents or occupants of the dwelling or dwellings and their guests, having an area of less than 50 square feet and a depth of less than 12 inches, that are constructed of wood, plastic, metal, fiberglass or a combination thereof.
ACCESSORY BUILDING, STRUCTURE OR USE A building, structure or use subordinate in building area and purpose to and that is customarily incidental to the principal building, structure or use on the same lot. Where an accessory building is attached to the principal building by a wall or roof, such accessory building shall be considered part of the principal building for the purpose of determining the required yard dimension.
ALTERATION, STRUCTURAL Any change, relocation or rearrangement of any supporting members, exterior walls, or roof of an existing building.
APARTMENT A room or suite of rooms, including complete kitchen facilities, toilet, bathing and washing facilities, and living space that is designed or intended to be used as a single dwelling unit. The dwelling unit may be individually owned or all dwelling units in a building may be commonly owned and rented. If owned individually, the building common areas and facilities shall be owned by all the owners on a proportional undivided basis.
ASSOCIATION That person or persons to whom townhouse lots and structures are conveyed and those that will by formal agreement as between them form an association together with the owner or developer for the purpose of the preservation and maintenance of the common lands and/or facilities heretofore defined.
BASEMENT A story partly underground but having less than one-half its height below the average level of the adjoining ground.
BED-AND-BREAKFAST GUESTHOUSE A facility providing sleeping or dwelling accommodations to transient guests which:
A. Consists of a structure originally constructed for the purpose of a private residence;
B. Includes individual sleeping accommodations for up to 25 guests;
C. Has at least one dwelling unit occupied by the owner of the facility as his place of residence;
D. Has not less than 300 square feet of common area for the exclusive use of guests, including but not limited to parlors, dining rooms, libraries and solariums;
E. Prohibits cooking and smoking in guest rooms;
F. Provides a meal to guests in the forenoon each day but does not operate as a restaurant open to the general public;
G. Is not a rooming house or a boardinghouse.
BEDROOM Any room that is designed to be used and occupied for sleeping purposes.
BOARDINGHOUSE A rooming house in which meals are served, excluding hotels.
BOARD OF ADJUSTMENT The Zoning Board of Adjustment of the Borough of Bradley Beach.
BUFFER A landscaped area designed to act as a visual screen between a potentially unsightly or otherwise undesirable or incompatible use and adjacent properties.
BUILDING A structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or other supports and designed or used for shelter, housing enclosure or storage of persons, animals or chattel.
BUILDING AREA The total of areas taken on a horizontal plane at the main grade level of the principal building, accessory buildings, and other roofed areas and overhangs, but excluding uncovered porches, terraces, decks and steps less than three feet above ground level.
BUILDING COVERAGE The "building area" expressed as a percentage of the lot area.
BUILDING EAVE HEIGHT The vertical distance from adjacent grade to the lowest point of the roof, or a point 24 inches offset from the facade of the building, whichever is higher. [Added 10-27-2009 by Ord. No. 2009-12]
BUILDING HEIGHT The vertical distance measured from the average finished grade surrounding the building to the highest point of the roof. Unnatural and/or structural alterations to the topography of a property to achieve a greater peak elevation of a structure shall not be permitted. [Amended 10-27-2009 by Ord. No. 2009-12]
BUILDING LINE A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected exterior surface of the building. All yard requirements are measured to the building line.
BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the site on which it is situated.
CELLAR A story partly underground and having more than one-half its height below the average level of the adjoining ground.
COMMUNITY RESIDENCE Any community residential facility licensed pursuant to P.L. 1977, c. 448, providing food, shelter and personal guidance, health care services, under supervision as required, to not more than 15 persons, including persons developmentally disabled or mentally ill, those with head injuries, and those who are terminally ill, including but not limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels.
COMMUNITY SHELTER Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337, providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including children of such victims who temporarily require shelter and assistance to protect their physical or psychological welfare.
CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a particular location will comply with the conditions and standards for the location or operation of such use as contained in Article VII of this chapter, and upon issuance of an authorization therefor by the Planning Board.
COVERAGE That part of a lot covered by buildings.
DEVELOPER OR OWNER Any person, persons, association of persons or legal entity recognized as such under and pursuant to the statutes of this state.
DORMER A gable projecting from a sloping roof that does not exceed 10 feet in width and contains one or more window set vertically a minimum of two feet from the exterior wall surface of the story below. [Added 12-29-2006 by Ord. No. 2006-22]
DWELLING, MULTIPLE-FAMILY A structure containing three or more separate dwelling units, designed for or occupied by three or more families living independently of one another.
DWELLING, SINGLE-FAMILY A structure containing one dwelling unit, designed for or occupied by one family.
DWELLING, TWO-FAMILY A structure containing two separate dwelling units, designed for or occupied by two families living independently of one another.
DWELLING UNIT Any room or group of rooms within a structure, or portion thereof, forming a single habitable unit with facilities used or designed to be used for living, sleeping, cooking, eating and sanitation providing complete living facilities for one family.
ESSENTIAL SERVICES Facilities installed or maintained by a public utility or governmental agency, including gas, electric, phone, water, sewerage and other similar services, necessary to provide adequate utility services necessary to the general health, safety and welfare of the public.
FAMILY A group of persons, whether related or unrelated, not larger in number than any dwelling, occupied or to be occupied by such group of persons, whether related or unrelated, may accommodate under the applicable housing code provision, which constitutes a single bona fide housekeeping unit.
A. This definition shall not include any society, club, fraternity, sorority, association, lodge, organization, combine, federation, coterie or similar group. A "single bona fide housekeeping unit" for purposes of this chapter is a relationship on a permanent basis or for an indefinite period of time.
B. For the purposes of this section, there shall be a presumption that a collective group of persons related by kinship, adoption, blood or marriage living together under the same roof and maintaining a common household or distinct relationship on a permanent basis or for an indefinite period of time, including domestic servants, does constitute a "family" within the meaning of this section.
FAMILY DAY-CARE HOME The private residence of a family day-care provider which is registered as a family day-care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987, c. 27.
FENCE A structure forming an enclosure of an open area and designed to prevent straying from within or intrusion from without the enclosure, or to provide a visual barrier to the purposes of assuring privacy.
FLOOR AREA The total enclosed floor area of a building measured from the exterior face of a structure used for residential purposes or for business or commercial activities which, in the case of the latter, includes customer facilities, showcase facilities, storage and sales facilities. Floor area shall be computed as follows: [Amended 10-27-2009 by Ord. No. 2009-12]
A. Ground-floor area shall be considered as the overall exterior dimensions of the dwelling exclusive of porches, garages, patios, basements and cellars.
B. Second- and third-floor areas shall be considered as floor area only when the side walls are at least five feet in height over a finished floor and reach a ceiling height of at least seven feet.
C. Split-level dwellings shall be considered as one-story or ground-level dwellings unless a third level is constructed. To be considered a split-level dwelling, a building shall contain three or more floor levels, each separated from the adjoining floor level by a vertical distance of more than one foot three inches but less than seven feet.
GARAGE, PRIVATE An accessory building not used for living purposes and having a capacity of not more than two automobiles, or not more than one automobile per family housed in the building to which such a garage is accessory, whichever is greater.
GARAGE, PUBLIC Any building other than a private garage, available to the public, operated as a business and which is used for storage, repair, rental, lubrication, washing, servicing, adjusting or equipping of automobiles or other motor vehicles, but not including the storage or sale of gasoline or other fuels.
GARDEN APARTMENT A building or group of buildings containing multiple dwelling units each of which is completely contained on a single floor. Each dwelling unit may be individually owned, or all dwelling units in a building may be commonly owned and rented. If owned individually, the building common areas and facilities shall be owned by all the owners on a proportional undivided basis.
GRADE, FINISHED The elevation of the completed surface of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto, or already in existence.
GUEST UNIT A bedroom or associated suite that is used for sleeping by one or more guests within a bed-and-breakfast guesthouse. It shall also include one unit to be occupied by the owner at any time the facility is utilized for the lodging of guests.
HALF STORY A story under a sloping roof, which may have dormers with windows, having a floor area not exceeding 50% of the floor area below it. The roof rafters shall intersect the exterior wall within one foot of the floor of said half story. [Amended 12-29-2006 by Ord. No. 2006-22; 10-27-2009 by Ord. No. 2009-12]
HOME OFFICE Any business or business-like activity conducted for profit, support, charitable purpose, or otherwise, which is incidental and secondary to the use of a structure as a dwelling unit, and which does not change the essential residential character of the dwelling unit. [Added 12-13-2005 by Ord. No. 2005-27; amended 2-22-2011 by Ord. No. 2011-1]
IMPERVIOUS COVERAGE The building area plus the area of any impervious surfaces, including walks, driveways, patios, above and below ground swimming pools, steps, decks, and any other area that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
LOT A piece, portion or parcel of land considered as a unit, devoted to a common use or occupied by a building or group of buildings that are united by a common interest or use, and the area and extent of which are determined by the latest official records or by the latest approved map of subdivision of which the parcel of land is a part.
LOT AREA The size of a lot measured within the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot included within a street right-of-way.
LOT, CORNER A parcel of land at the intersection of and fronting on two or more streets.
LOT COVERAGE The same as "building coverage."
LOT DEPTH The mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines. In the case of a corner lot, the greater frontage shall be the lot depth except where frontages are the same; the frontage on the north-south street shall be the lot depth.
LOT FRONTAGE That portion of the lot extending along the street line the horizontal distance between the side lot lines, measured along the street line. In the case of a corner lot, the smaller frontage shall be the lot frontage, except where frontages are the same; the frontage on the east-west street shall be the lot frontage.
LOT, INTERIOR A lot other than a corner lot. [Added 8-8-2006 by Ord. No. 2006-12]
LOT LINE Any line dividing one lot from another lot or from a public thoroughfare.
LOT, THROUGH A lot other than a corner lot that has frontage on two or more streets. [Added 8-8-2006 by Ord. No. 2006-12]
LOT WIDTH The average horizontal distance between the side lot lines measured at right angles to its depth at the minimum required setback line.
MOTEL A hotel providing individual entrances from the exterior of the building to each unit and providing parking spaces convenient to each individual entrance, with or without a dining room.
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 the 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 reasons of such adoption, revision or amendment.
OFFICE BUILDING COMPLEX A group of office buildings, planned, developed, owned and managed as a unit.
OPEN SPACE Occupied space open to the sky and on the same lot with the principal building.
PARKING SPACE The area required for the parking of one automobile which, for the purposes of the chapter, is held to be an area nine feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PATIO A level paved surface normally or customarily used as an exterior sitting area, being not more than 12 inches above the adjacent ground level at any point and having no integral structural connection to any building.
PLANNING BOARD The Planning Board of the Borough of Bradley Beach.
PLAT OR PLAN A map, plan or layout of a city, town, section, subdivision or property indicating the location and boundaries of individual properties or lots.
PRINCIPAL BUILDING, STRUCTURE OR USE A building, structure or use that is the primary or main building and use and being the purpose for which the lot or building is being utilized.
PROFESSIONAL OFFICE The office of a member of a recognized profession maintained for the conduct of his profession. "Profession" shall be deemed to include only those of medicine, dentistry, law, architecture, engineering, accounting, real estate and similar occupations which require a professional license or a comparable degree of training, education and experience.
RESIDENTIAL DENSITY, GROSS The total number of dwelling units which may be developed on an area of land, before requirements for public access and open space are provided.
RESIDENTIAL DENSITY, NET The total number of dwelling units which may be developed on an area of land after required public access and open space have been provided.
RESIDENTIAL SITE IMPROVEMENT STANDARDS N.J.A.C. Title 5, Chapter 21, adopted January 6, 1997, as subsequently revised, also referred to as "RSIS."
RESTAURANT An establishment at which food is sold for consumption on the premises to patrons seated within an enclosed building.
ROOMING HOUSE A building in which one or more persons are housed or lodged in one or more furnished rooms for hire, excluding entire buildings leased for one year or more, hotels and motels.
SATELLITE ANTENNA Any apparatus that is designed for the purpose of receiving and transmitting television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
SETBACK LINE A building line parallel to a street line delineating the minimum required front yard area depth between the street line and any building.
SHOPPING CENTER A group of commercial establishments or buildings planned, developed, owned and managed as a unit related in location, size and type of shops to the trade area which it serves.
SIGN Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public agency.
SITE PLAN A map or plan of a lot upon which is shown topography, all essential dimensions and bearings, the size and location of structures, roadways, parking areas and similar information necessary to show the proposed layout of a property and its relationship to the surrounding area.
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 be no floor above it then the space between any floor and the ceiling next above it; except that a cellar shall not be considered as a story.
STREET Any street, avenue, boulevard, road, parkway, viaduct, drive, lane, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and including the lands between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.
STREET LINE The line determining the limit between the highway rights of the public and adjoining private property.
STRUCTURE A combination of materials forming a construction, assembly or erection, for occupancy, use, or ornamentation, whether installed on, above or below the surface of the parcel of land, including but not limited to buildings, sheds, fences, walls, decks, signs, towers, swimming pools, and platforms.
SWIMMING POOL, PRIVATE A swimming pool accessory to and constructed or installed on a property containing a one- or two-family dwelling for use by the residents or occupants of the dwelling or dwellings and their guests for which no fee is charged and which shall include but not be limited to in-ground pools, aboveground pools, including portable pools, exterior hot tubs and saunas and wading pools in excess of 50 square feet and 12 inches deep which are constructed of wood, plastic, metal, fiberglass or concrete materials.
SWIMMING POOL, SEMIPUBLIC A swimming pool accessory to and constructed or erected on a property containing a hotel, motel, bed-and-breakfast, townhouse or apartment complex as a benefit to and exclusively for residents or occupants of the hotel, motel, bed-and-breakfast, townhouse or apartment complex and their guests.
TOWER, TELECOMMUNICATIONS Any structure, including self-supporting lattice towers, guyed towers, monopole towers and alternative tower structures, that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes. The term also includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers.
TOWNHOUSE One dwelling unit in a line of three or more connected dwelling units having common interior walls. Each dwelling unit may have one or more stories but may not be constructed with one unit over another. Each dwelling unit may be individually owned, or all dwelling units may be commonly owned and rented. If owned individually, the structure, common areas and facilities shall be owned by all the owners on a proportional undivided basis.
USED CAR LOT A premises wherein or whereupon used motor vehicles of any kind or nature may be offered for sale, sold, traded in, stored or held out for the public's purchase thereof and shall be construed to mean any such business enterprise as customarily understood in the trade.
VARIANCE Permission to depart from the literal requirements of this chapter.
WINDOW LETTERING, PERMANENT Includes, but is not limited to, etching, lettering or graphics displayed on a business window, which shall be limited to the name of the owner, business name, business address, telephone numbers (including facsimile and electronic mail), and hours of operation which shall be used to identify the nature of the business.
WINDOW LETTERING, TEMPORARY Includes, but is not limited to, lettering, graphics, designs, seasonal designs, ornamental designs, drawings, sketches, logos, writing or any other form of design, letter or character, which shall be temporary in nature to advertise a sale, special civic or public events, seasonal activity or event, which the business is a participant, subject to the provisions as set forth in Article X of this chapter.
YARD, FRONT An open unoccupied space, extending the full width of the lot and situated between the street line and the front building line. The depth of the front yard shall be measured at right angles to the street line. In the case of a corner lot, the "front yard" shall mean the open unoccupied space extending the full width and full depth of the lot, situated between the front street line and front building line and between the side street line and side building line closest to the side street.
YARD, REAR An open unoccupied space, extending the full width of the lot and situated between the rear lot line and the rear building line of the principal structure. The depth of the rear yard shall be measured at right angles to the rear lot line. In the case of a corner lot, the rear yard shall mean the open unoccupied space extending the width of the lot, situated between the rear lot line and rear building line of the principal structure, exclusive of the area between the side street line and side building line closest to the side street, extended.
YARD, SIDE An open unoccupied space on the same lot with a principal building, extending from the front yard to the rear yard and situated between the side lot lines and the side building line. The side yard shall be measured at right angles to the side lot line.