CATEGORY ONE WATERS OR C1 : Those waters designated in the tables in N.J.A.C. 7:9B-1.15, as same may be amended or revised.
CATEGORY TWO WATERS OR C2 : Those waters not designated as Outstanding National Resource waters or Category One at N.J.A.C. 7:9B-1.15, as same may be amended or revised.
INTERMITTENT STREAM : Any surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. Most intermittent streams are shown on soil conservation service county soil surveys. These are portrayed as a dashed line on a USDA Soil Survey Map of the most recent edition, or as state open water identified in a letter of interpretation issued by the NJDEP Land Use Regulation Program, whichever is more inclusive.
LAKE, POND, OR RESERVOIR : Any impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water, excluding sedimentation control and stormwater retention/detection basins and ponds designed for treatment of wastewater.
PERENNIAL STREAM : A stream that appears as a blue line on USGS topographic quadrangle maps and flows continuously throughout the year in most years.
THE TOWNSHIP : Township of Hamilton in Mercer County, New Jersey or any of its administrative units exercising jurisdiction within the township boundaries. (Ord. No. 05-033, 11-4-05)
ADMINISTRATIVE OFFICER The director of the department of engineering, planning and inspections
APPEAL A request for a review of the township engineer's interpretation of any provision of this chapter or a request for a variance from the planning board or zoning board of adjustment
BASEMENT Any area of the building having its floor subgrade (below ground level) on all sides
BREAKAWAY WALL 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
CHANNEL The bed and banks of the watercourses located within the boundaries of the Township, of Hamilton which convey the normal flow of said watercourses most of the time
DESIGN FLOOD The flood having a 0 2 percent chance of being equaled or exceeded in any given year (500-year flood) or the flood resulting from 125 percent of the 100-year flood discharge
DESIGN FLOOD PROFILE The elevations of the water surface of the floodway design flood and the flood hazard area design flood as shown on the flood maps
DEVELOPMENT Any manmade 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 located within the area of the special flood hazard
ELEVATED BUILDING A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters In areas of coastal high-hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls
ENCROACHMENT LINE A line, described by metes and bounds, which defines the boundary between the floodway and flood fringe area in a nondelineated floodplain and customarily marks the limit of fill to be placed in a delineated floodplain
FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry areas from
(1) Inland or tidal waters
(2) The unusual and rapid accumulation or runoff of surface water from any source
FLOOD CARRYING CAPACITY The ability of a watercourse or floodplain to transport floodwaters, as determined by its shape, cross sectional area, bed slope, coefficient of hydraulic friction, and upstream and downstream channel configurations, as used in accepted engineering practices
FLOOD ELEVATION DETERMINATION A determination of the water surface elevations of the design flood, that is, the flood level that has a 0 2 percent or greater chance of occurrence in any given year (500-year flood)
FLOOD FRINGE The portion of the flood hazard area outside the floodway
FLOOD HAZARD BOUNDARY MAPS An official map of the township in which the boundaries of the flood area having special hazards have been designated
FLOOD INSURANCE RATE MAP (FIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community
FLOOD INSURANCE STUDY The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the flood boundary-floodway map and the water surface elevation of the design flood
FLOODPLAIN The relatively flat area adjoining the channel which has been or may be covered by floodwater of the watercourse
FLOODPLAIN MANAGEMENT REGULATIONS Any zoning ordinance, subdivision regulation, site plan ordinance, building code, health regulation and any special purpose ordinances The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction
FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot on the Delaware River and 0 2 of a foot on all other streams
LOWEST FLOOR The lowest floor of the lowest enclosed area, including the basement An unfinished or flood-resistant enclosure, usable 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 nonelevation design requirements
NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of this chapter
NEW JERSEY FLOOD HAZARD AREA DESIGN FLOOD The flood having a 0 2 percent chance of being equaled or exceeded in any given year (design flood)
REGULATORY FLOOD The 100-year flood or the flood with a one percent chance of being equaled or exceeded in any given year along nondelineated watercourses or the flood hazard area design flood along delineated watercourses
SPECIAL FLOOD HAZARD AREA OR FLOOD HAZARD AREA The land in the floodplain subject to a 0 2 percent or greater chance of flooding in any given year (500-year flood)
START OF CONSTRUCTION For other than new construction or substantial improvements under the Coastal Barrier Resources Act (PL 97-348), includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation "Permanent construction" does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure
STRUCTURE For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground For insurance coverage purposes, the term "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises
SUBSTANTIAL IMPROVEMENTS Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure The term does not, however, include either
(1) Any project for improvement of a structure to comply with the existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or
(2) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places
VARIANCE A grant of relief to a person by the planning board or zoning board of adjustment from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter because enforcement would result in unnecessary hardship (Code 1979, § 157-5, Ord No 96-008, 1-3-96)
CAFRA PLANNING MAP : The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CAFRA CENTERS, CORES OR NODES : Those areas within boundaries accepted by the department pursuant to N.J.A.C. 7:8E-5B.
COMPACTION : The increase in soil bulk density.
CORE : A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY : An agency designated by the county board of chosen freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) A county planning agency; or
(2) A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT : The New Jersey Department of Environmental Protection.
DESIGNATED CENTER : A state development and redevelopment plan center as designated by the state planning commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER : A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
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 structure, 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the county agricultural board (CAB) and the state agricultural development committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA : A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody
ENVIRONMENTALLY CRITICAL AREAS : An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the department's landscape project as approved by the department's endangered and nongame species program.
EMPOWERMENT NEIGHBORHOOD : A neighborhood designated by the urban coordinating council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
EROSION : The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE : A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION : The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT : Any "development" that provides for ultimately disturbing one or more acres of land or increases the impervious surface by one-quarter acre or more. Disturbance for the purpose of this chapter is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY : The Township of Hamilton in Mercer County, New Jersey.
NODE : An area designated by the state planning commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT : A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON : Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT : Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or to a domestic treatment works. Pollutant includes bath hazardous and nonhazardous pollutants.
RECHARGE : The amount of water from precipitation that infiltrates into the ground and is not evapotranspired or the replenishment of groundwater resources.
SEDIMENT : Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE : The lot or lots upon which a major development is to occur or has occurred.
SOIL : All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) : An area delineated on the state plan policy reap and adopted by the state planning commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP : is defined as the geographic application of the state development and redevelopment plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER : Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewerage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER RUNOFF . Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN : An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE : Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
TIDAL FLOOD HAZARD AREA : A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
TOWNSHIP : The Township of Hamilton in Mercer County, New Jersey or any of its administrative units exercising jurisdiction within the township.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD : A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES : A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:2711-60 et seq.
URBAN REDEVELOPMENT AREA : Is defined as previously developed portions of areas:
(1) Delineated on the state plan policy map (SPPM) as the metropolitan planning area (PA1), designated centers, cores or nodes;
(2) Designated as CAFRA centers, cores or nodes;
(3) Designated as urban enterprise zones; and
(4) Designated as urban coordinating council empowerment neighborhoods.
WATERS OF THE STATE : The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND : An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
ABOVE-GROUND SWIMMING POOL : A water-filled enclosure located above the level of the surrounding land having a depth of more than 24 inches.
ABUTTING COUNTY ROAD : Any existing or proposed county road shown on the adopted county master plan or official map which adjoins a lot or parcel of land submitted for subdivision or site plan approval.
ACCELERATION LANE : Added pavement width at an intersection or other point of access to a public or private street, designed to enable vehicles entering the roadway to attain a speed which will allow entering vehicles to merge safely with through traffic.
ACCESSORY BUILDING, STRUCTURE OR USE : A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.
ADMINISTRATIVE OFFICER : The director of engineering, planning and inspections of the Township of Hamilton, Mercer County, New Jersey.
ADVERSE EFFECT : Conditions or situations, including but not limited to the following examples: creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or off-tract property such as, but not limited to, improper circulation and drainage rights-of-way as defined in N.J.S.A. 40:55D-4, as amended, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size and neither providing nor making future allowances for access to the interior portion of the lot or for other facilities required by this chapter.
AERIAL MAP : The most recent aerial map of the subject area as supplied by the Delaware Valley Regional Planning Commission (DVRPC), Mercer County or Hamilton Township.
AGE-RESTRICTED UNIT : A dwelling unit in a planned retirement development which is unrestricted except as to an age requirement for occupancy.
ALTERATIONS OR ADDITIONS, STRUCTURAL : Any change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers, or an enlargement, whether by extension of a side or by increasing in height, or by moves from one location or position to another.
AMATEUR RADIO ANTENNA AND ANTENNA : The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves.
AMATEUR RADIO STATION : A radio station operated in the amateur radio service under license by the Federal Communications Commission.
ANCHOR TENANT OR MAGNET STORE : The major store or stores within a planned commercial development which draws customers and thereby generates business for surrounding stores.
ANTENNA SUPPORT STRUCTURE : Any structure, mast, pole, tripod or tower utilized for the -purpose of supporting an antenna. or antennas for the purpose-of transmission or-reception of electromagnetic waves by federally licensed amateur radio operators.
APARTMENT STRUCTURE : A building arranged, intended or designed to be occupied by three or more families living independently of each other.
APPLICANT : A developer submitting an application for development.
**Webmasters Note: The previous sections, 160-6 through the previous definition of 160-7, have been amended as per Supplement No. 19.
APPLICATION FOR DEVELOPMENT : The application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36. Accompanying documents required by this chapter for approval means all of the information required within the relevant development application checklists, which are adopted by ordinance, unless waivers for such information have been granted by the board having jurisdiction.
APPROVING AUTHORITY : The planning board of the Township of Hamilton, unless a different agency is designated herein when acting pursuant to this chapter.
AREA : The Primary Metropolitan Statistical Area (PMSA), as defined by the United States Department of Housing and Urban Development, within which the Township of Hamilton is located.
ART CENTER : An art center devoted to a variety of potential art-related uses and activities; a museum; a sculpture park; an amphitheater; a fine arts foundry; a technical school for sculpture; a restaurant; a caf; catering; offices; museum and gallery shops; art studios; visiting artist housing; educational workshops and seminars; performing arts facilities; poetry readings; motion picture production facilities; community oriented art classes and events; the hosting of sculpture conferences; retail/wholesale sculpture products and tools; technical research facilities; as well as other incidental uses related to art or the creation or display of art, and maintaining the premises and facilities appropriate to such facilities.
ASSISTED LIVING UNIT OR CONGREGATE CARE UNIT : A unit in an assisted living or congregate care facility which is licensed by the New Jersey State Department of Health to provide apartment style housing and congregate dining and at least minimum health services when needed. Such units shall offer, at a minimum; one unfurnished room, a private bathroom, a likable door on the unit entrance, and a kitchenette, and at a maximum: two bedrooms, two baths, living room, dining area and a kitchen. Assisted living or congregate care is a level of care between nursing care and independent living and includes a coordinated array of supportive personnel and health services, available 24 hours per day, to residents who have been assessed to need such services. Assisted living or congregate care is intended to promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity, and homelike surroundings. A dedicated infirmary or nursing home component may be included in the facility.
AUTOMOBILE AND GASOLINE SERVICE STATION : Any premises used for supplying gasoline and oil, tires, accessories and services for automobiles at retail direct to the motorist consumer, including the making of minor repairs, but not including major repairs or spray painting, body, fender and frame repairs or complete recapping or retreading of tires.
AUTOMOBILE AND L OR TRAILER SALES AREA : An open area, other than a street or way, used for the display or sale of new or used automobiles or trailers and where minor and incidental repair work (other than body and fender) may be done.
BACKBLADING : To back machines such as bulldozers over ridges with their blades down so as to obtain finer grades.
BACKFILL : The material used to refill a ditch or other excavation or the process of doing so. Basement: A portion of a building having more than 50 percent of its clear height below the average finished contact grade along the outside walls of the building.
BEDROOM : A room planned or used primarily for sleeping.
BOARD : The planning board, zoning board of adjustment or other appointed board or commission.
BOARDINGHOUSE : A building or portion thereof, other than a hotel or motel, containing not more than one dwelling unit, where meals and/or lodging are provided for three or more persons in addition to the family unit, for a valuable consideration.
BRIDGE : A structure designed to convey vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.
BUILDING : A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGE : The square footage or other area measurement by which all buildings and accessory buildings occupy a lot as measured on a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns. "Building coverage," for the purpose of this chapter, shall not be deemed to include the water surface area of a swimming pool.
BUILDING HEIGHT : The vertical distance measured to the mean highest point from the mean elevation of the finished grade at the foundation along the side(s) of the building or structure facing a street or to the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit the height to the specified maximum footage and the specified number of stories within said footage. Structures on the roof housing mechanical apparatus which services the building are not included in height calculations if they are less than ten feet in height and occupy less than 30 percent of the roof area and are adequately screened or complement the facades of the front, rear or side elevations.
BUILDING LINE : A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the "building line."
BUILDING, PRINCIPAL : A building in which is conducted the main or principal use of the lot on which said building is situated.
CAMP : Any one or more of the following, other than a hospital, place of detention or school offering general instructions:
(1) Type 1: Any area of land or water on which are located two or more cabins or tents of a design or a character suitable for seasonal living purposes, regardless of whether such structures are actually occupied seasonally or otherwise.
(2) Type 2: Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments whether or not operated for profit and whether or not occupied by adults or by children, either as individuals, families or groups.
CAMPER :
(1) 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.
(2) 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.
(3) 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 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.
(4) 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 feet and a length not exceeding 30 feet and which may contain cooking, sleeping and sanitary facilities.
CAPITAL IMPROVEMENT : A governmental acquisition of real property, major construction projects and improvement projects.
CARPORT : Any structure or portion of a building or structure, other than an attached or detached garage, used for the shelter of self-propelled vehicles. A "carport" shall be considered as part of the main building.
CARTWAY : The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the "cartway" is that portion between the curbs. Where there are no curbs, the "cartway" is that portion between the edges of the paved or graded width.
CELLAR : A portion of a building having more than 50 percent of its clear height below the average finished contact grade along the outside walls of the building.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operating in conjunction with and within the boundaries of such "cemeteries." The words "columbariums," "crematories" and "mausoleums" are defined by reference to N.J.S.A. 8A:1-2. The word "public mausoleum" shall be defined as any mausoleum containing six or more crypts.
CHANNEL : The bed and banks of the watercourses located within the boundaries of the Township of Hamilton which convey the normal flow of said watercourses most of the time. Child care center: A private establishment for the care of four or more children between 2 1/2 and five years of age, regardless of whether any tuition fee, board or other form of compensation is charged.
CHURCH , CATHEDRAL OR TEMPLE : A building dedicated exclusively to the spiritual worship of a higher being or higher moral authority and specifically excludes schools for religious or secular education, housing such as a convent or parsonage for teachers, communicants and domestic or maintenance employees, business offices (except for administrative offices incidental to the operation of the particular use), rescue missions or the occasional use for religious purposes of properties not regularly so used, recreation activities or sporting events as well as social events, including such things as bingos, wedding receptions and similar type events.
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, tower 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.
CLUBHOUSE : A building or portion thereof or premises owned or operated by a corporation, association or person for a civic, social, cultural, religious, literary, political, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business, and not including shooting clubs operated for the benefit of their members and not open to the general public.
COMMON OPEN SPACE : An open space area with or related to a site designated as a development and designed and intended for the use and enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMON PROPERTY : A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, designed and intended for the ownership, use and enjoyment of and shared by the residents and owners of the development. "Common property" may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development. Such property may be owned by a homeowners' association, condominium regime or other duly constituted organization.
COMMUNITY CENTER : A public, quasipublic or privately maintained institution devoted to a variety of group activities, civic, social, recreational, educational and/or cultural, and maintaining the premises and facilities appropriate to such activities; provided, however, that the premises shall not include living quarters for persons other than those engaged in the conduct and/or maintenance of the institution.
CONDITIONAL USE : A use permitted in a particular zoning district only upon a showing that such use in a special location will comply with the conditions and standards for the location or operation of such use as contained in the development ordinances and upon the issuance of an authorization therefor by the planning board.
CONSTRUCTION DETAILS : Plans on file in the division of engineering which pertain to the design, construction and installation of all improvements to the land created by development, i.e., paving (concrete and bituminous), sanitary and storm sewers and intersection design. "Construction details" are hereby incorporated into this chapter as design standards.
CONSTRUCTION OFFICIAL : A qualified person appointed by the municipal appointing authority to enforce and administer the regulations of the uniform construction code.
CONVENTIONAL DEVELOPMENT : Development other than residential clusters, planned neighborhoods or planned communities.
COUNTY MASTER PLAN : A composite of the master plan for the physical development of the county in which the township is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COURT : An open, unoccupied and unobstructed space on a lot, other than a yard, street or way, bounded by two or more sides of a building, including a similar area, fully open to the sky, but not necessarily beginning at the ground level.
(1) Type A court: a court completely surrounded by building walls and an interior lot line.
(2) Type B court: any court other than a type A court.
CULVERT : A structure having a bottom designed to convey a watercourse under a driveway, road, railroad or pedestrian walk and not incorporated in a closed drainage system.
CURB LEVEL: The officially established grade of the curb in front of the midpoint of the lot.
DAYS: Calendar days.
DEBRIS : The nonbiodegradable remains of something broken down or destroyed.
**Webmasters Note: The definitions Application for development through Debris have been amended by Supplement No. 28, effective May 18, 2011.
DECELERATION LANE Added pavement width at an intersection or other point of access from a public or private road, designed to enable vehicles leaving the street or roadway to make the necessary reduction in speed without interfering with the free movement of through traffic.
DEDICATION FOR ROAD AND OTHER PUBLIC PURPOSES A dedication of and acceptance by the township or county of land for the installation of utilities, construction, widening, repairing, maintaining or improving said road and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said road, including curbing, pedestrian walkways, drainage facilities and traffic control devices and other public purposes.
DENSITY The permitted number of dwelling units per gross area of land to be developed.
DENSITY, NET The total number of dwelling units for a given tract of land divided by the number of acres in the tract, excluding primary and secondary residential streets and parking areas built in conjunction with the development and recreational areas, open space and other lands set aside for public use.
DENSITY, OVERALL The total number of dwelling units for a given tract of land divided by the number of acres in the tract, including primary and secondary residential streets and parking areas built in conjunction with the development and recreational areas, open space, commercial and industrial properties and other lands set aside for public use.
DESIGN FLOOD The relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevation thereof
DESIGN FLOOD PROFILE The elevations of the water surface of the floodway design flood and the flood hazard area design flood as shown on the flood maps.
DETENTION BASIN A structure designed and maintained to temporarily hold back the additional runoff attributed to the development of land. The design of such structures must receive approval from the Mercer County and Hamilton Township engineering departments.
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 persons having an enforceable proprietary interest in such land.
DEVELOPMENT
(1) 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; any mining, excavation or landfill; and any use or change in the use of any building or other structure or land; or extension of the use of land, for which permission may be required pursuant to this chapter.
(2) Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or chilling operations located within the area of the special flood hazard.
DEVELOPMENT PROCESS CALENDAR The schedule of dates denoting planning board and zoning board meetings. The calendar may also include periods of time in which applications for development shall be submitted and any other dates relevant to the development review process.
DEVELOPMENT REGULATION A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance, flood damage prevention ordinance and any other township regulation of the use and development of land, or amendment thereto.
DRAINAGE The removal of surface water or groundwater from land by drains, grading no 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 non-point pollution, [and] to: maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVEWAY A means of access for vehicles to and from a property to a roadway.
DUST FREE SURFACE A surface adequately covered with a concrete, bituminous product or surface-treated macadam, properly drained and maintained in good condition at all times. Precast concrete blocks which allow grass to grow through may also be considered a "dustfree surf ace.
DWELLING NET DENSITY The ratio between the aggregate number of dwelling units and portion of the lot or development area used exclusively for the dwelling units (including all private lands and parking areas, but excluding accessways and common open space).
DWELLING UNIT
(1) Semi-detached two-family: A freestanding building on one lot, serving two families with one wall of an attached garage located on a side property line. The garage building wall located on the property line will serve as a common wall for an adjacent attached garage on the adjoining lot.
(2) Single-family zero-lot line: A freestanding detached building on one lot, or within a lot held in common ownership, serving one family with one wall of the building located on or within five feet of a side property line. Side, rear or front yards may be enclosed to form common walled, open courtyards, or patios for each dwelling.
(3) Semi-detached zero-lot line: A freestanding building on one lot, serving one family with one wall of an attached garage located on or within five feet of a side property line. The garage building wall located on the property line will serve as a common wall for an adjacent attached garage on the adjoining lot. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement
(4) Three-family A building containing three dwelling units only, each having entrances on the first floor, intended for residential occupancy by three housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement
(5) Townhouse One dwelling unit of at least four but no more than eight connected dwelling units where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials and other features, singularly or in combination Each dwelling unit may be a maximum of 2 1/2 stories in height, but nothing in the definition shall be construed to allow one dwelling unit over 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 persons for specific uses
EDUCATIONAL INSTITUTION A college or university giving general academic instructions as prescribed by the State of New Jersey Included within this term are areas or structures used for administration, housing of students or faculty, dining halls and social or athletic activities, when located on the institution's land that is not detached by more than a street and/or other property owned by the institution from that portion of the campus where classroom facilities are maintained
ELEEMOSYNARY OR PHILANTHROPIC INSTITUTION A private or nonprivate organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any member of said organization or individual
ENVIRONMENTAL COMMISSION A township advisory body created pursuant to N J S A 40 56A-1 et seq.
EROSION The detachment and movement of soil or rock fragments by water, wind, ice and gravity
EXCAVATION OR CUT Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated
FAMILY - One or more persons occupying a dwelling unit as a nonprofit single housekeeping unit living together as a stable living unit under a common housekeeping management plan based on an intentionally structured relationship which contemplates permanency and provides organization and structure
FARM
(1) Principal uses A lot with at least five acres used for the growing and harvesting of crops and the raising and breeding of certain animals, including track farms, fruit farms, nurseries and greenhouses, dairies and livestock produce, excepting that commercial piggeries are prohibited
(2) Accessory uses Buildings incidental to farms, such as barns and packing, grading and storage buildings for produce raised on the premises, except that no processing of produce shall be permitted, buildings for keeping of poultry and permitted livestock, garages for the keeping of equipment and trucks used in farm operations, and one identification sign not exceeding 15 square feet in area and set back at least ten feet from all street and property lines.
FAST FOOD RESTAURANT Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption, either within the restaurant building or for carryout with consumption on or off the premises, and whose design or method of operation may include the following characteristics
(1) Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers
(2) A limited or specialized list of quickly prepared or pre-prepared food items, utilizing mechanized standardized preparation and packaging techniques, is offered for on and off the premises consumption
(3) Drive-in or outside ordering and service via a separate drive-in lane, call box and delivery window
FILLING The process of depositing sand, gravel, soil or other materials of any composition
FINAL APPROVAL The official action of the planning board and/or the zoning board of adjustment 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 approved conditioned upon the posting of such guaranties
FIREHOUSE A public purpose for the storage of firefighting equipment, location of administrative offices and other facilities for use by members of the fire company which are permitted in all zoning districts in accordance with master plan provisions and all of the provisions of the land development ordinance
FIRST AID SQUAD BUILDING A public use for the storage of the rescue squad equipment, location of administrative offices and other facilities for use by the members of the rescue squad which are permitted in all zoning districts in accordance with master plan provisions and all other provisions of this land development ordinance
FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry areas from.
(1) Inland or tidal waters
(2) The unusual and rapid accumulation of runoff of surface water from any source
FLOOD DESIGN The relative size or magnitude of a flood expressed as a design discharge in cubic feet per second which is developed from hydrologic criteria representing a flood having a 0.2 percent chance of being equaled or exceeded in any given year This reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area and the water surface elevation thereof
FLOOD ELEVATION DETERMINATION A determination of the water surface elevations of the design flood, that is, the flood level that has a 0.2 percent or greater chance of occurrence in any given year
FLOOD FRINGE The portion of the flood hazard area outside of the floodway
FLOOD HAZARD APPEAL A request for a review of the township engineer's interpretation of any provision of this chapter or a request for a variance from the planning board
FLOOD HAZARD AREA The land in the floodplain subject to a 0 2 percent or greater chance of flood in any given year
FLOOD HAZARD BOUNDARY MAP An official map of the township in which the boundaries of the flood area having special hazards have been designated
FLOOD INSURANCE MAP An official map of the township on which has been delineated the special flood hazard areas in the township for flood insurance purposes
FLOODPLAIN The relatively flat area adjoining the channel which has been or may be covered by floodwater of the watercourse
FLOODPLAIN MANAGEMENT REGULATIONS Any zoning ordinance, subdivision regulation, site plan ordinance, building code or health regulation and any special purpose ordinances The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction
FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot
FLOOR AREA, FIRST Is measured by using the outside dimensions of a residential portion of a building, excluding the area of an attached garage For a split-level or a tri-level dwelling, the area shall be considered to be the sum of the areas of two largest adjoining levels
FLOOR AREA, GROSS The sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior facing of exterior walls or from the centerline of walls separating two buildings Only those floor areas which have a ceiling height as prescribed by the township building code for residential uses and those floor areas either having a ceiling height of eight feet or more or used for storage space in nonresidential uses shall be included in the gross floor area
FLOOR AREA, NET LIVABLE The aggregate habitable floor area of all floors used for residential dwelling purposes within outer walls of a building or of a part of a building separated from all other parts by walls extending from floor to ceiling without openings therein, excluding basements not used for living purposes, cellars, rooms for heating equipment, garages and unenclosed porches, breezeways and other unheated areas, and including only such floor area under a sloping ceiling for which the headroom is not less than five feet six inches and then only if at least 75 percent of such floor area has a ceiling height of not less than seven feet six inches, and, if any such floor that is situated above another story has access to the floor below by a permanent built-in stairway, such floor area shall be measured from the inside of each exterior wall and the thickness of each partition wall shall be excluded from the total
FLOOR AREA RATIO (FAR) - The gross floor area, in square feet, of a building or group of buildings on a lot, divided by the area, in square feet, of the lot. By way of example, a 'floor area ratio" of 0.2 would permit 43,560 square feet x. 0.2 = 8,712 square feet of building area to be built on a parcel
FREIGHT FORWARDING Establishments primarily engaged in undertaking the transportation of goods from shippers to receivers This use may also include making use of services of other transportation establishments as instrumentalities in effecting delivery This use shall not include the servicing or maintenance of any vehicle
FRESHWATER(S) All tidal and nontidal waters having a salinity, due to natural resources [sources], of less than or equal to 3.5 parts per thousand
FRESHWATER OR WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation, provided, however, that the New Jersey department of environmental protection, in designating a wetland, shall use the three parameter approach (that is, hydrology, soils and vegetation) enumerated in the April 1, 1987, interim-final draft Wetland Identification and Delineation Manual developed by the United States Environmental Protection Agency and any subsequent amendments thereto
FRONTAGE . All the property on one side of a street between lot lines or between intersecting or intercepting streets or between a street and railroad right-of-way, waterway and/or dead-end street or city boundary measured along the street line. An intercepting street shall determine only the boundary of the "frontage' on the side of the street which it intercepts
GARAGE, COMMUNITY A garage used exclusively for the parking of automobiles by residents of the neighborhood, customers or persons engaged in the conduct of establishments in the immediate vicinity of its location or by those for whom such establishments are conducted
GARAGE, PRIVATE : A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of occupants of the main building, and wherein not more than one space is rented to persons not residents of the lot or not more than one commercial vehicle, not to exceed one ton, rated capacity, or four wheels, is parked or stored.
GARAGE, PUBLIC : A building used for the care, repair or equipping of vehicles, or where such vehicles are parked or stored for remuneration or hire.
GARBAGE : Solid waste or animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source of food of any kind to be thrown away.
GENERAL DEVELOPMENT PLAN : A comprehensive plan for the development of a planned development, as provided in section 160-228.
GOLF COURSE : A tract of land containing a full-size, professional golf course at least 18 holes in length, together with appropriate accessory uses and structures, such as clubhouses, dining and refreshment facilities, driving ranges and miniature golf courses, swimming pools, tennis courts and the like, provided that the operation of such are incident and subordinate to the operation of the "golf course."
GOLF DRIVING RANGE : A tract of land containing golf tees, whether elevated or at grade, for the practice of driving of golf balls into an open field of adequate depth and width. Accessory uses and structures such as clubhouses, dining, and refreshment areas, miniature golf, swimming pools, batting cages, tennis courts and the like are permitted provided that the operation of such are [is] incidental and subordinate to the operation of the "golf driving range."
GOVERNING BODY : The council of the Township of Hamilton.
GRADE : The average finished grade elevation adjoining a building at project completion or the slope of a road, path, driveway, swale or other surface.
GRADE, ESTABLISHED : The elevation of the centerline of streets as officially established by township, county or state authorities.
GRADE, FINISHED : The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs related thereto.
GRADING : Any stripping, cutting, filling, stockpiling or any combination thereof and shall include the land in its cut or fill position.
GROUND MOUNTED SOLAR OR PHOTOVOLTAIC ENERGY GENERATING FACILITY : A solar or photovoltaic facility mounted on open land.
HABITABLE FLOOR : Any floor, including the basement, usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used only for storage purposes is not a "habitable floor."
HABITABLE ROOM : A room or other enclosed floorspace located in a basement or first or upper story of a dwelling, arranged for living, recreation, eating or sleeping purposes.
HEALTH CARE FACILITY : A non-residential facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. Health care facilities include general or special hospitals, public health centers, diagnostic centers, treatment centers, rehabilitation centers, outpatient clinics, and dispensaries. They may include laundries, cafeterias, gift shops, laboratories, and medical offices as accessory uses.
HEALTH SERVICES : Health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
HISTORIC SITE : Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and [which] has been so designated.
HOME OCCUPATION : A lawful activity carried out for profit conducted as an accessory use by a resident in the resident's dwelling unit. For purposes of this definition, a lawyer's office or medical or dental office shall not be included as a "home occupation."
HOSPITAL : An institution or facility engaged primarily in the diagnosis and treatment of human illness, injury, diseases, pain, deformity or physical condition where emergency, surgical, obstetrical, convalescent, and other medical and nursing care is rendered to two or more nonrelated individuals on both an inpatient basis with overnight stays for periods exceeding 24 hours and an outpatient basis, delivered at or through facilities located on a single parcel or contiguous parcels of land. Assisted living, congregate care, and nursing or convalescent home facilities may be considered to be permitted ancillary uses.
The term hospital shall not include those elements of the institution or facility which have been or are intended to be conveyed, leased or otherwise utilized by entities or persons providing services not ancillary or incident to those hospital activities designated hereinbefore.
HOTELS : A building designed for occupancy primarily as a temporary abode of individuals, with or without meals, in which:
(1) There are more than ten sleeping rooms.
(2) Incidental business may be conducted.
(3) There may be club rooms, ballrooms and common dining facilities.
(4) Such hotel services as maid, telephone and postal services are provided.
(5) Access to the rooms is restricted to passage by a single control desk or lobby.
INDEPENDENT LIVING UNIT : A self-contained unit for an older adult or adults who are capable of caring for themselves but for whom dining, social and health-related services are provided within the development through contractual arrangements with the owner/manager, either as a complete package or a la carte basis.
INFANT CARE CENTER : A private establishment for the care of four or more infants under the age of 2 1/2 years or children requiring constant attention in carrying out normal daily functions.
**Webmasters Note: The definitions from Garage, private through Infant care center have been amended by Supplement 20, effective December 21, 2011.
IN-GROUND SWIMMING POOL : A water-filled enclosure, permanently constructed or portable, having a depth of more than 12 inches below the level of the surrounding land at any single point.
INSTITUTION : A non-profit, religious or public purpose use, such as a church, cathedral or temple, library, school, educational institution, eleemosynary or philanthropic institution, or government owned or operated building, structure or land used for public purposes.
INTERESTED PARTY :
(1) In a criminal or quasicriminal proceeding, any citizen of the state.
(2) In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed upon by an action or a failure to act under this chapter.
KIOSK : A small structure used for noncommercial purposes for the benefit of the public, such as bus stops, community information centers, etc.
LAND : Any ground, soil or earth whatsoever regarded as the subject of ownership and everything annexed to it, whether it be by nature, as trees, water, etc., or by man, such as buildings, fences, etc., extending indefinitely, vertically, upwards and downwards. "Land" includes improvements and fixtures on, above or below the surface.
LAND DISTURBANCE : Any activity involving clearing, grading, transporting, filling or other activity which causes land to be exposed to the danger of erosion.
LOADING SPACE : An off-street space or berth abutting upon a street or other appropriate means of access intended for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, which space or berth is not less than ten feet in width and sufficient in length to ensure that no vehicle using the space shall extend beyond a property line, but in no case less than 25 feet in length.
LONG-TERM CARE FACILITY : An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption. Long-term care facility shall include the terms skilled nursing facility and intermediate care facility.
LOT : A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA : The total area within the lot lines of a lot, expressed in terms of square feet or acres. Any portion of a lot in a public right-of-way, existing or proposed, shall not be included in calculating lot area.
LOT, CORNER : A parcel of land at the junction of two or more intersecting streets. Regardless of building orientation, no structure shall be set back closer to the street than the minimum front yard setback in the zone district. The front shall be deemed to be the commonly accepted address.
LOT DEPTH : The average distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT FRONTAGE : The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that, on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75 percent of the required minimum lot width.
LOT, INTERIOR : A lot other than a corner lot.
LOT LINE, FRONT : A line separating the lot from the street. In the case of a corner lot there shall be two front lot lines.
LOT LINE, REAR : A lot line which is opposite and most distant from the front lot line, and, in the case of an irregularly shaped lot, the line which is most nearly parallel to and at the greatest average distance from the street line. In the case of a corner lot, the line which is most nearly parallel to and at the greatest average distance from the front of the structure.
LOT LINE, SIDE : Any lot boundary line not a front lot line or a rear lot line.
LOT, REVERSED CORNER : A corner lot, the rear of which abuts upon the side of another lot.
LOT SIZE AVERAGING : A residential development option that allows a range of minimum lot areas, provided that the maximum density for the parcel is not exceeded.
LOT, THROUGH : A lot having frontage on two streets.
LOT WIDTH : The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the setback line shall not be less than 75 percent of the minimum lot frontage for the zoning district in which the lot is located.
LOW-INCOME HOUSEHOLDS : Households whose incomes do not exceed 50 percent of the median income of the area, with adjustments for smaller and larger households.
MAINTENANCE GUARANTY : Any security, other than cash, acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvement and in accordance with this chapter.
MAJOR SITE PLAN : Any site plan involving more than ten acres.
MASTER PLAN : A composite of one or more written or graphic proposals for the development of the township as set forth in and adopted pursuant to section 19 of the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq.
MAXIMUM IMPERVIOUS SURFACE (MIS) : The aggregate of building coverage and all paved surfaces which cover the gross area of a lot. By way of example, a 55 percent maximum impervious surface would permit 43,560 square feet x 55 percent = 22,958 square feet of site area to be covered by impervious surfaces. Plazas, fountains, bicycle paths and other public amenities associated with buildings located in the NC, CC, HC, GSC, REO-4, REO-5, RD, MFG and I zones shall not be considered paved surfaces. In the PRDO and PRD Zones only, the use of permeable pavers, as described in Chapter 9.7 of the New Jersey Stormwater Best Management Practices Manual, will be given a 50 percent credit toward maximum impervious surface.
MEDICAL BUILDING : A building that contains establishments dispensing health services for nonresidents.
MID-RISE : A structure containing six stories or less and not exceeding 70 feet in height.
MINING : A process involving the removal of sand, clay, soil, gravel, humus, peat and other organic or mineral materials. "Mining" is not permitted in any zone district.
MINOR SITE PLAN : A site plan involving ten acres or less.
MODERATE-INCOME HOUSEHOLD : Households whose incomes are no greater than 80 percent and no less than 50 percent of the median income of the area, with adjustments for smaller and larger households.
MOTEL, AUTO COURT, MOTOR LODGES, TOURIST COURTS : One or more structures designed for the renting of sleeping rooms to transient guests, chiefly motorists, and so laid out that there is direct and immediate access from a parked automobile to the rooms, and access to the rooms is not restricted to passage by a single control desk or lobby.
MOTOR FREIGHT TERMINAL : A building or area in which trucks, including tractor or trailer units, are parked, stored and serviced, including the transfer and loading or unloading of goods, and associated offices. A terminal may include private warehousing, repair and service. Repair and servicing shall only be done on their own fleets.
MUNICIPAL AGENCY : A municipal planning board or zoning board of adjustment or governing body of a municipality, when acting pursuant to this chapter, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
NET DEVELOPABLE ACREAGE : The area of a tract or parcel that does not contain conservation easements or deed restrictions imposed as a condition of subdivision or site plan approval, bodies of water, areas of flood plains, wetlands and NJDEP-regulated wetland transitional area and area of slope greater than 15 percent.
NEW CONSTRUCTION : Structures for which start of construction commenced on or after the effective date of this chapter.
NEW JERSEY FLOOD HAZARD AREA DESIGN FLOOD : The flood having a 0.2 percent chance of being equaled or exceeded in any given year (design flood).
NONCONFORMING BUILDINGS, STRUCTURES OR SIGNS : A building, structure or sign, the size, dimensions or location of which does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOT : A lot of record which does not have the minimum width, frontage or depth or contain the minimum area for the zone in which it is located.
NONCONFORMING USE : A use occupying a building, structure or lot which does not conform with the use regulations for the zone in which it is located.
NUISANCE : An offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as but not limited to noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, debris, litter, trash sites, electronic or atomic radiation, effluent, noise of congregation of people, especially at night, passenger traffic, transportation of things by truck, rail or other means, invasion of nonabutting street frontage by parking, the obscuring or masking of adjacent or nearby property by projecting signs, marquees or canopies or any adverse effect on value or desirability of nearby property caused by such matters as appearance, exposed storage of inoperable automobiles, junk, materials and neglect or dilapidation of lands or buildings.
NURSING OR CONVALESCENT HOME : Any dwelling where persons are housed or lodged or furnished with meals and where nursing care is for hire.
NURSING CARE UNIT : A bed in a nursing home that is licensed by the New Jersey State Department of Health to provide health care under medical supervision and continuous nursing care to patients who do not require the degree of care and treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.
OFF-SITE : Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT : Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON-SITE : Located on the lot in question.
ON-TRACT : Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN LANDS : That portion of land, including any farm-related dwelling or accessory buildings located thereon, that is voluntarily deed-restricted by the landowner for forest resource conservation or agricultural use in order to qualify for the open lands subdivision pursuant to this chapter.
OPEN SPACE : Any space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding development or would maintain or enhance the conservation of natural or scenic resources. "Open space" includes areas set aside for public use and enjoyment and also includes areas of historic significance.
OPEN SPACE ORGANIZATION : An incorporated, nonprofit organization which may operate in a planned development under a recorded land agreement through which:
(1) Each owner is automatically a member.
(2) Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the township.
(3) Each owner and tenant has the right to use the common property.
OPEN SPACE, USABLE : Any portion of open space which can be used for active recreational pursuits.
PARKING AREA : An area other than a street, used for the parking of motor vehicles.
PARKING SPACE : An area not less than nine feet wide by 20 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered an off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether [or not) in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PERFORMANCE GUARANTY : Any security which may be accepted by a municipality, including cash, in accordance with the requirements of this chapter to assure that certain improvements be made. Escrow agreements and other similar collateral and surety agreements are acceptable.
PERMITTED USE : Any use of land or buildings as permitted by this chapter.
PET CEMETERY : Land used or intended to be used for the burial of the remains of pet animals and dedicated for said purposes.
PINBALL AND ELECTRONIC GAME ARCADE : Any use of building space which makes available to the public the use of six or more pinball machines and/or electronic games.
PLANNED COMMERCIAL DEVELOPMENT : An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED COMMUNITY : A large-scale total community developed as a single entity according to a plan, containing diversified and varying dwelling facilities as well as commercial, research, engineering, office and public and quasipublic uses and including open space and recreation facilities, all primarily for the benefit of the residential development.
PLANNED DEVELOPMENT : Planned neighborhood, planned community residential cluster, planned commercial development or planned mixed-use research development.
PLANNED MIXED-USE RESEARCH DEVELOPMENT : An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED NEIGHBORHOOD : A community of dwelling facilities developed as a single entity according to a plan containing residential clusters, which may include public or quasipublic uses and shall include open space and recreation facilities all primarily for the benefit of the residential development.
PLANNED RETIREMENT DEVELOPMENT : A planned residential community having one or more parcels of land with a contiguous total acreage forming a land mass to be dedicated for the use of a planned retirement development providing for a range of living accommodations, health care services and support facilities for people who are 55 years of age or older or for couples, one of whom is at least 55 years of age (except to the extent otherwise provided in a certificate of need issued by the New Jersey Department of Health for a nursing facility with respect to age restriction, if applicable) and which may include age-restricted units, independent living units, assisted living or congregate care units, and/or nursing care units. Through its corporations, association or owners, said land and structures shall be restricted by bylaws, rules, regulations and restrictions of record to be approved by the planning board attorney, to use by permanent residents 55 years of age or older, with the following exceptions:
(1) A member of a couple under the age of 55 years who is residing with his/her partner who is 55 years of age or older.
(2) Up to two children, 19 years of age or over, may reside with their parents or parent where one of the parents with whom the child or children are residing is 55 years of age or over.
(3) One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one or more of the adult occupants. If more than one adult under 55 years of age is necessary to care for the adult occupant, approval shall be required from the homeowners association.
PLANNING BOARD : The planning board of the township.
PLAT : The map of a subdivision or site plan. The term is used interchangeably in this chapter with the term "plan."
(1) Sketch plat: The sketch map of subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
(2) Preliminary plat: The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the planning board for planning board consideration and preliminary approval and meeting the requirements of this chapter.
(3) Final plat: The final map of all or a portion of the subdivision or site plan which is presented to the planning board for final approval in accordance with these regulations.
**Webmasters Note: The previous definitions, Maximum Impervious Surface (MIS) through Plat, have been amended as per Supplement No. 25.
PORCH : A roofed piazza, veranda or portico which projects beyond the main wall of a building and of which the columns supporting the roof present a minimum of obstruction to the view and circulation of air. A porch becomes a room when the space enclosed is heated or air conditioned and if glazed or screened when the percentage of window or screen area is less than 50 percent of the total exterior wall area.
PRELIMINARY APPROVAL : The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the planning board and/or zoning board of adjustment 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.
PRINCIPAL USE : The main purpose for which a lot or building is used.
PROFESSIONAL OFFICE : Any building or parts thereof designed to be occupied for clerical and administrative purposes where no manufacturing, fabrication, assemblage of goods or retailing or wholesaling is conducted. Any operation involving the distribution or exchange [of goods] which requires the provision of a drive-in window facility is not a "professional office."
PROPERTY OWNER : The person owning fee or title or the person in whose name the legal title to the property appears by deed duly recorded in the office of the county clerk of Mercer County, or the person in possession of the property or buildings under claim of or exercising acts of ownership over the same for himself or as the executor, administrator or guardian of the property.
PUBLIC OWNED , operated or controlled by a government agency, federal, state, county or municipal, including a corporation created by law for the performance of certain specialized governmental functions, and the board of education.
PUBLIC AREA :
(1) Public parks, playgrounds, trails, paths and other recreational areas.
(2) Other public open spaces.
(3) Scenic and historic sites.
(4) Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL : A master plan, capital improvement program, official map or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
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 channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE : An open space area conveyed or otherwise dedicated to the township, township agency, board of education, state or county agency or other public body for recreational or conversational uses.
PUBLIC PURPOSE USES : The use of land or buildings by the township or any officially created authority or agency thereof.
PUBLIC UTILITY : A business or service which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, transportation or telephone or telegraph service.
REFUSE : Garbage, rubbish, trash, trade waste, debris or the remains of uprooted or severed plant life.
REPAIR SHOP, BODY : The land and building designed and used in the business of the structural and/or cosmetic repair and the incidental mechanical repair of passenger or commercial vehicles. No such use is permitted in any zone district.
REPAIR SHOP, MECHANICAL : The land and buildings designed and used predominantly for the mechanical repair of passenger or commercial vehicles. No shop in which a substantial portion of the mechanical repair work done is on vehicles owned by the operator or owner of such shop or leased or rented to such operator or owner shall qualify as a "mechanical repair shop" under this definition.
RESIDENTIAL AGRICULTURE : The growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the property and not primarily for commercial purposes. A small roadside produce stand associated with the residential agriculture use shall be permitted, provided that all of the produce offered for sale is grown on the property; that the produce is not grown primarily for commercial purposes; that the stand is not furnished with permanent heating facilities; that the floor area of the stand does not exceed 100 square feet; that the stand is set back from all street rights-of-way and property lines at least 20 feet; and that sufficient on-site off-street parking is provided. One unlit sign not exceeding four square feet in area shall be permitted and shall be attached flat against the front facade of the stand. At least five acres of land shall be devoted to the growing and harvesting of crops and/or the keeping of farm animals.
RESIDENTIAL CLUSTER : A residential development of detached dwelling units planned as a single entity in accordance with the provisions of this chapter and which have a common or public open area or areas as an appurtenance.
RESIDENTIAL HEALTH CARE FACILITY : Any facility so defined by N.J.S.A. 26:2H-1, et seq. and regulated by the New Jersey Department of Health and Senior Services. Residential health care facility shall include the terms assisted living, congregate care, nursing home, convalescent home, extended care, and long-term care.
RESTAURANT : Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a "restaurant."
RESTAURANT, DRIVE-IN : Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served in disposable containers or products [are sold] primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles parked on the premises, whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. All such "drive-in restaurants" and refreshment stands are specifically prohibited in all districts.
RESUBDIVISION : The further division of a lot or the adjustment of a lot line or lot lines.
RETENTION BASIN : A structure designed and maintained to impound the increased runoff due to development.
REVERSE FRONTAGE : A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.
RIGHT-OF-WAY : Any lands including streams and roadways owned by any governmental entity giving the public free and easy access.
ROADSIDE STANDS FOR FARM AND NURSERY PRODUCTS : A yearround commercial establishment associated with a farm which is used for the retailing of agricultural produce.
ROOF MOUNTED SOLAR OR PHOTOVOLTAIC ENERGY GENERATING FACILITY : A solar or photovoltaic facility mounted to the roof of a building, parking garage, carport or other structure which provides protection from weather or provides habitable or storage space. This shall not include facilities mounted above surface parking lots.
RUBBISH : Waste solids not considered to be highly flammable or explosive, including but not limited to rags or clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.
RURAL RESOURCE CONSERVATION (RRC) DENSITY : The permitted number of dwelling units per net developable acreage of the lot or tract to be developed.
SANITARY LANDFILL : A land disposal site employing an engineered method of disposal of solid waste in a manner that minimizes environmental hazard, including but not limited to the spreading of the solid waste in thin layers, compacting the waste to the smallest practical volume and applying cover material on a daily or more frequent basis.
SATELLITE DISH ANTENNA : A dish-shaped, parabolic-shaped, spherical or circular-shaped antenna for the reception and/or transmission of satellite signals, including television signals, AM radio signals, FM radio signals, telemetry signals, data communications signals or any other reception or transmission signals using free air space as a medium, whether for commercial, public or private use. Such objects shall also be known as "earth stations," "earth terminals," "home video earth stations," "microwave dish antennas," "satellite dishes," "satellite earth stations" and "satellite radio frequency signal reception and/or transmission devices."
SCHOOL : Any place of instruction in any branch of knowledge.
SCHOOL, ELEMENTARY : Any school having regular sessions with regularly employed instructors, which teaches those subjects that are fundamental and essential in general education and which provides elementary education under the supervision of the New Jersey department of education, the board of education of the township or a lawfully constituted ecclesiastical governing body or a corporation meeting the requirements of the New Jersey state department of education.
SCHOOL, SECONDARY : Same as elementary school except secondary education is provided.
SCHOOL, VOCATIONAL : Any school having regular sessions with regularly employed instructors which, as a principal activity, provides training in a trade or vocation and teaches those subjects that are fundamental and essential in elementary or secondary education, under the supervision of the New Jersey state department of education or a lawfully constituted ecclesiastical governing body or a corporation meeting the requirements of the state department of education.
SCREEN OR BUFFER STRIP : Unless specifically sized, a densely planted strip of land as approved (or having equivalent natural growth) with evergreen shrubs or trees at least five feet to six feet in height at the time of planting.
SEDIMENTATION : The deposition of soil that has been transported from its site or [of] origin by water, ice, wind, gravity or other natural means as a product of erosion.
SERVICE STATION : Lands and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.
SETBACK LINE : A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SHED, GARDEN OR TOOL : An accessory building not exceeding 12 by 12 by 12 feet which may be erected within three feet of the rear lot line and side lot line but not less than 20 feet from any dwelling on any adjacent property. The three-foot-wide strip between the shed and the rear and side lot lines shall be kept free of rubbish and debris.
SHOPPING CENTER : A group of commercial establishments built on one tract that is planned, developed, owned and managed as an operating unit; it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
SIGHT TRIANGLE : A triangularly shaped area used as a line of vision established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of three feet and seven feet above the centerline grade of either street.
SIGHT TRIANGLE EASEMENT : An easement which allows the township to have the right of entry into an established sight triangle area to remove any obstruction to vision within the sight triangle area not conforming to the standards of the definition of sight triangle, following due notice to the property owner.
SIGN : See section 160-124 for definitions.
SINGLE HOUSEKEEPING UNIT : A common use and access to all living and eating areas, bathrooms, and food and serving areas.
SITE PLAN : A development plan of one 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 the existing and proposed buildings, drives, parking areas, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any information that may be reasonably required in order to make an informed review and approval.
(1) Minor site plan: A development plan of one or more lots which proposes new development of a site of ten acres or less in total land area; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to section 160-255 of this chapter; and is submitted as [a] complete application providing a sufficient amount of information necessary to determine that the aforementioned conditions for the approval of a minor site plan have been met.
(2) Major site plan: Any development plan of one or more lots which is not classified as a minor site plan.
SITE PLAN APPROVAL : The action taken by the planning board or zoning board of adjustment with regard to a submitted site plan which confers certain rights to an applicant over a specified period of time in accordance with article VII of this chapter.
SITE PLAN REVIEW : The examination of the specific development plans for a lot. Wherever the term site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the board.
SOLAR OR PHOTOVOLTAIC ENERGY GENERATING FACILITY : A solar or photovoltaic energy facility or structure, and all associated equipment, for the purpose of generating electrical energy or heat or hot water produced from solar or photovoltaic technologies, other than solar reflective or concentrating technology, whether such facility or structure is a principal use, a part of the principal use, a conditional use, or an accessory use or structure.
SOLAR OR PHOTOVOLTAIC PARKING STRUCTURE : A solar or photovoltaic facility mounted on a surface parking lot such that vehicles may park and/or drive beneath.
SOLID WASTE : Garbage, refuse, sludge and other discarded solid materials resulting from industrial, commercial and agricultural operations and from domestic and community activities and all other waste materials.
SPECIAL FLOOD HAZARD OR FLOOD HAZARD AREA : The land in the floodplain subject to a 0.2 or greater chance of flooding in any given year.
STABLE : A structure or portion thereof which is used in whole or in part for the shelter or care of horses, cattle or similar animals, either permanently or temporarily.
STABLE, PRIVATE : A detached accessory building for the keeping of horses, cattle or similar animals not kept for remuneration, hire or sale.
STABLE, PUBLIC : A stable other than a private stable.
START OF CONSTRUCTION : The first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations for [or] the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a structure without a basement or poured footings, "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundations.
STORY : That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling. A half story is the area under a pitched roof at the top of a building, the floor of which is at least four feet but no more than six feet below the plate.
STORY, HALF A story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than six feet above the floor of such story.
STREET : Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by N.J.S.A. 40:55D-1 et seq.; which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; or which has been dedicated or deeded to the public for public use and has been improved in accordance with township standards. The term includes the land 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 GRADE : The officially established grade of the street upon which a lot fronts.
STREET LINE : The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted master plan or official map, forming the dividing line between the publicly owned or controlled street right-of-way, either existing or proposed, and a lot.
STRIPPING : Any activity which disturbs vegetated or otherwise stabilized soil surface, including clearing, grubbing and backblading operations.
STRUCTURE : Anything constructed, assembled or erected which requires location on or below the ground or attachment to something having such location on the ground, including buildings, fences, towers, signs, advertising devices, swimming pools, stadiums, platforms, satellite antenna dishes and storage bins. A combination of materials to form a construction for occupancy, use, ornamentation or advertising shall also be considered a "structure."
SUBDIVISION : The division of a lot, tract or parcel of land into two or more lots, tracts or parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agriculture purposes, where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments or foreclosures; consolidations of existing lots by deed or other recorded instrument; [or] 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. The term "subdivision" shall also include the term of "resubdivision."
(1) Minor subdivision: Any subdivision of properties resulting in the ultimate creation of not more than three lots fronting on an existing street or road, not involving any new street or road or the extension of municipal facilities, not adversely affecting the remainder of the parcel of adjoining property, not in conflict with any provision or portion of the master plan, zoning ordinance or this chapter and not involving a planned development or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to section 160-255 of this chapter.
(2) Major subdivision: Any division of land not classified as a minor subdivision.
SUBSTANTIAL IMPROVEMENT : Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration reflects the external dimensions of the structure. The term does not, however, include either:
(1) Any project for improvement of a structure to comply with the existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(2) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
"Substantial improvement" of a nonconforming structure or use may only be made in accordance with the provisions of this chapter.
SUPERMARKET : A retail establishment which sells groceries, sundries and other convenience and household goods and having a total floor area of 20,000 square feet or more.
SWIMMING POOL, PRIVATE RESIDENTIAL : A water-filled enclosure, whether located above or below ground, designed and maintained for swimming or bathing or other purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use to a detached dwelling. The term includes all buildings, structures, equipment and appurtenances thereto.
THEATER, MOTION PICTURE : A building or part of a building devoted to the showing of motion pictures on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN : An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.
TOWNSHIP : Township of Hamilton, Mercer County, New Jersey.
TRADE WASTE : All wastes, solid or liquid material, or rubbish resulting from construction, building operations or the production of any business, trade or industry, including but not limited to plastic products, carbons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste material.
TRAILER CAMP OR PARK : Any camp, trailer camp, trailer court, court, campsite, lot, parcel or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for two or more trailers thereupon, which two or more trailers are parked, and including all buildings used or intended for use as part of the equipment whether a charge is made for the use of the trailer park and its facilities or not. "Trailer park" shall not include automobile or trailer sales lots on which unoccupied trailers are parked for the purpose of inspection or sale. Such uses are not permitted in any zone district.
TRANSCRIPT : A typed or printed verbatim record of the proceedings or reproduction thereof
TRANSFER STATION : A facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a solid waste facility.
TRASH : Something in a crumbled or broken condition or mass other than garbage, rubbish, trade waste or debris, the only value of which rests in its crumbled or broken state.
UNCONSTRAINED LAND : The area of a tract or parcel that does not contain flood plains, wetlands or slopes greater than 15 percent.
USE : The specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE : A departure from the terms of this chapter authorized by the appropriate municipal agency.
WAREHOUSING : Facilities for handling freight which may include buildings used primarily for the storage of goods and materials.
WAREHOUSING, PRIVATE : Facilities operated for a specific commercial establishment or group of establishments in a particular industrial or economic field.
WAREHOUSING, PUBLIC : Facilities available to the general public, at a fee, for the storage of furniture and other household goods and commercial or private goods of similar nature.
WATER BODIES : Any natural or artificial collection of water whether permanent or temporary.
WATERCOURSE : Any natural swale, ditch, gully, stream, brook or river wherein water flows ordinarily, frequently or infrequently but not necessarily continuously. This definition includes watercourses which have been artificially treated, realigned or improved.
WHOLESALE DISTRIBUTION CENTER : Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users or to other wholesalers or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. Within the manufacturing and industrial zones along East State Street, wholesale sales to the general public will also be permitted.
WIND ENERGY FACILITY : A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, battery or other component necessary to fully utilize the wind generator.
WIND GENERATOR : Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanism.
YARD : An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
YARD, FRONT : An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required "front yard" shall be the same as the required setback.
YARD, REAR : An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required "rear yard" shall be the same as the required setback.
YARD, SIDE : An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required "side yard" shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.
ZONING BOARD OF ADJUSTMENT : The zoning board of adjustment as established in accordance with N.J.S.A. 40:55D-1 et seq.
ZONING MAP : The map annexed to and made a part of this chapter.
ZONING PERMIT : A document signed by the administrative officer which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the township zoning ordinances or variance therefrom, duly authorized by the planning board or zoning board of adjustment.
ALTERNATIVE TOWER STRUCTURE means manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers
ANTENNA means any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals
BACKHAUL NETWORK means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network
FAA means the Federal Aviation Administration
FCC means the Federal Communications Commission
HEIGHT means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna
PREEXISTING TOWERS AND PREEXISTING ANTENNAS means any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired
TOWER means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like The term includes the structure and any support thereto.
AFFORDABLE HOUSING means any housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low- and moderate-income housing as set forth in N.J.A.C. 5:93-11.
COUNCIL means the New Jersey Council on Affordable Housing established under the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and which has primary jurisdiction for the administration of low- and moderate-income delegations in accordance with sound regional planning and considerations in this state.
DEVELOPMENT FEES means sums paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in N.J.A.C. 5:93-8 et seq.
EQUALIZED ASSESSED VALUE means the value of a property determined by the township tax assessor through a process designed to ensure that all property in the township is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the tax assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the tax assessor.
APPLICATION CHECKLIST : The list of submission requirements adopted by .ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3.
DEVELOPER : The developer as defined by N.J.S.A. 40:55D-4, i.e. 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.
PROFESSIONAL : Any person or entity whose principals are required to be licensed by New Jersey Law and who supplies representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimony or reports and the firms or entities within which such individuals practice.
CONTRIBUTION : Every loan, donation, subscription, advance or transfer of money or other item of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate or committee), made to or on behalf of any municipal campaign committee or fund of any Hamilton Township municipal candidate or office holder, or any Hamilton Township municipal or Mercer County party committee, together with any pledge, promise or other commitment or assumption of liability to make such transfer, as may be required to be reported pursuant to N.J.S.A. 19:44A-1 et seq. For purposes of the disclosure requirements under this section, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
CONTRIBUTION DISCLOSURE STATEMENT : A list specifying the amount, date, and the recipient of any and all contributions made to or on behalf of a municipal campaign committee or fund of any Hamilton Township municipal candidate or office holder, or any Hamilton Township municipal or Mercer County party committee, made up to one year prior to filing the application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq. The identification and disclosure requirements of this subsection shall begin with contributions made on or after the effective date of sections 160-229 through 160-231. (Ord. No. 04-012, 4-26-04)
ADMINISTRATIVE OFFICER The director of engineering, planning and inspections of the Township of Hamilton, Mercer County, New Jersey
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 persons having an enforceable proprietary interest in such land
ESTABLISHED GRADE - The contour of the land as it exists prior to the proposed excavation or operation
EXCAVATE OR MOVE - To dig, remove, move, deposit, fill, grade, regrade or level the soil or otherwise alter or change the contour of land or to transport soil to or from such operation. This shall not be construed to include plowing, spading, cultivating, harrowing or any other operation usually and ordinarily associated with tilling of the soil for agriculture or horticultural purposes
LAND OR LOT A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MINING A process involving the removal of sand, clay, soil, gravel, humus, peat and other organic or mineral materials
OPERATIONAL FACE The end of a working excavation, determined at the end of each and every workday
PERSON An individual, firm, association, partnership or corporation or any group of two or more of them or anyone acting in behalf of said person
PROPERTY OWNER The person owning fee interest or the person in whose name the legal title to the property appears by deed duly recorded in the office of the county clerk of Mercer County or the person in possession of the property or buildings under claim of or exercising acts of ownership over the same for himself or as the executor, administrator or guardian of the property
SOIL Subsoil and topsoil
SUBSOIL All soil usually found lying beneath the top layer of soil, be it sand, silt, gravel, clay, boulders, stone, aggregate, dirt, other mineral deposits or a combination of one or more of the foregoing
TERMINATION The cessation or abandonment of mining operations
(1) The following elements, among others, shall be considered in determining whether an operation shall have been abandoneda.
a. Discontinuance of use.
b. Passage of time since last usage
c. Intention of operator
(2) Mining shall also be deemed to be terminated in any mining operation or portion thereof where, as a result of the application of the terms of this chapter, any further mining operations are prohibited
TOPSOIL Arable soil "Topsoil" shall be a mealy loam which is comparatively free from objectionable weeds "Topsoil" shall have a minimum organic content of not less than 2.75 percent by weight "Topsoil" shall contain no stones, clumps or similar objects larger than one inch in any dimension and shall have a pH value of not less than 5 8 nor more than 6 5 The gradation of the "topsoil" shall consist of the following limits sand, 40 percent to 80 percent, silt, ten percent to 30 percent, and clay, ten percent to 30 percent All "topsoil" shall be capable of supporting vegetation
WOODED AREAS . Areas containing numerous trees having attained a diameter of four inches at a height of four feet, diameter breast height, from the ground as determined by the administrative officer (Code 1979, § 170-2)