As used in this chapter, the following terms shall
have the meanings indicated:
ABUTTING COUNTY ROAD
Any existing or proposed county road shown on the adopted
county master plan or official map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
ACCESSORY STRUCTURE
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use.
[Added 10-25-2023 by Ord. No. 2023-13]
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incident and subordinate to the principal use of the land or building
and located on the same lot with the principal use.
[Added 10-25-2023 by Ord. No. 2023-13]
ADMINISTRATIVE OFFICER
The Secretary of the Planning Board for the Planning Board
and Zoning Officer for the Board of Adjustment.
ADDITION
An extension or increase in floor area or height of a building
or structure.
ADVERSE DRAINAGE CONDITION
The absence of drainage facilities, drainage easements or
drainage rights-of-way leading to, along or through a street, road,
drainage structure or property, either within or exterior to a proposed
subdivision or site plan of such location, size, design, construction
or condition, which would provide adequately for storm drainage or
which would prevent flooding, erosion, silting or other damaging effect
to a street, road, drainage structure or property or remove the threat
of such damage.
AGE-RESTRICTED HOUSING
A housing community where the minimum age for at least one
resident shall be 55 and no children under age 18 shall reside in
the unit.
[Added 6-20-2006 by Ord. No. 2006-10]
AIRPORT
A facility where aircraft or airborne vehicles, of all types,
land and take off and which may provide storage, maintenance and fuel
services for such aircraft and which, as to design, surface maintenance,
repair and management thereof, meets the minimum requirements of and
is licensed pursuant to N.J.S.A. 6:1-1 et seq., whether such facility
is public or private. The term "airport" shall include airstrip, airfield,
landing field, landing strip, heliport, helistop and all other like
facilities.
ALTERATION
A change or rearrangement in the structural parts, the means
of egress or an enlargement, whether by extending on a side or by
increasing in height of a building or structure; or to change the
use of a structure or land or to move a structure from one location
or position to another.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical
treatment. The keeping or boarding of animals shall be accessory to
and incidental to such hospital use.
ANIMAL KENNEL
Any structure or premises in which animals are kept, boarded,
bred or trained for commercial gain, as the principal use.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), television frequencies,
wireless telecommunications signals or other communications signals.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
for approval of a subdivision plat, site plan, planned development,
conditional use, zoning variance or direction of the issuance of a
permit, pursuant to this chapter.
APPROVED PLAN
A plan which has been approved by the Planning Board and/or
Board of Adjustment of the Township of Hardyston.
APPROVING AUTHORITY
The Hardyston Planning Board and/or Zoning Board as is designated
by this chapter or statute.
ARABLE SOIL
Soil that, when dry, contains not less than 4% by weight
of organic matter and the balance of which is mineral matter.
[Added 8-28-2019 by Ord.
No. 2019-11]
ASSISTED LIVING FACILITY
A facility which is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that a coordinated array of supportive
personal and health services are available when needed for residents,
for four or more adult persons unrelated to the proprietor. Apartment
units offer, at a minimum, one unfurnished room, a private bathroom,
a kitchenette, and a lockable door on the unit entrance.
[Added 7-9-2014 by Ord. No. 2014-09]
AUCTION
A sale of property, whether real or personal, to the highest
bidder, where all persons attending who choose to do so are permitted
to offer bids.
AUCTION MARKET
Any premises on which are held at periodic times, and from
time to time, (auction) sales of merchandise or personal property.
BASEMENT
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet.
BLOCK
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter.
BOARDER
A person who, by prearrangement for a consideration, consumes
one or more of his or her daily meals on site and who is not related
to the head of the household.
BOARDINGHOUSE
Any dwelling in which people, either individuals or as families,
by prearrangement and for a consideration, provides one or more daily
meals for consumption on site by boarders and which provides such
services for five or fewer individuals or family groups. Such dwelling
may also provide lodging for its boarders.
BOARDS
The Hardyston Planning Board and the Hardyston Zoning Board
of Adjustment.
BUFFER
A strip of land containing natural woodlands, earth mounds
or other planted screening materials and separating one kind of land
use from another or separating a planned development from any other
development.
BUILDING
A structure which is designed, built or occupied as a shelter;
or roofed enclosure for persons, animals, property or shelters, located
on foundations or other supports and used for residential, business,
mercantile, storage, commercial, professional, industrial, institutional,
assembly, educational or recreational purposes.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade at the foundation to the highest point of a
flat roof, to the deckline of a mansard roof and to the mean height
of the primary roof between the eaves and the ridge for gable, hip
and gambrel roofs.
[Amended 6-1-2004 by Ord. No. 2004-7; 3-1-2011 by Ord. No.
2011-01]
BUILDING LINE (or BUILDING SETBACK LINE)
A line established by the Zoning Ordinance, within a lot,
defining the minimum distance between any structure, or portion thereof,
to be erected or altered and an adjacent right-of-way, easement, street
line or common open space.
BUILDING PERMIT
A permit required prior to constructing, moving or altering
any building or structure issued in compliance with the New Jersey
Uniform Construction Code Act and this chapter. (See also "zoning
permit".)
CARPORT
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
CELLAR
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground.
CERTIFICATE OF OCCUPANCY
That permit issued by the construction official in accordance
with the New Jersey Uniform Construction Code Act and this chapter.
CERTIFICATION
A signed, written statement, by the appropriate officer,
that specific constructions, inspections, tests or notices, where
required, have been performed and that such comply with this chapter.
CHURCH
Land and buildings devoted to and used for worship or asylum
and entitled to exemption from taxation, pursuant to the provisions
of N.J.S.A. 54:4-3.6.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, waterways, towers, airways, pipes and conduits and the handling
of people and goods by such means as terminals, stations, warehouses
and other storage buildings or transshipment points.
CIVIC BUILDING
A building owned by a government unit or by a nonprofit or
religious corporation which is used primarily for purposes of promoting
public education, knowledge or the general welfare and may be used
for public gatherings.
CLEAR SIGHT TRIANGLE
The triangle formed by the point of intersection of the right-of-way
lines of two intersecting streets and the points on each, at a given
distance from the point of intersection, said points being connected
by a straight line.
COMMERCIAL VEHICLE
Trucks, buses, sedan delivery vehicles, station wagons with
advertising matter on their sides or any other commercially used vehicles,
except a passenger car with commercial plates with no advertising
matter exposed to view.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water, within the site designed and intended for the use
or enjoyment of residents and owners of the development and/or community.
Common open space may contain such complimentary structures and improvements
as are necessary and appropriate for the benefit and enjoyment of
residents and owners of the development, as permitted.
COMMON OR PARTY WALL
A vertical wall and/or horizontal separation forming a structural
part of two buildings or of two separately owned and/or rented units
in the same buildings.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons, jointly.
COMMUNITY FACILITIES
Buildings, structures, recreational devices, service systems
and other facilities generally available to and/or operated for the
benefit of residents, including but not limited to swimming pools,
tennis courts, building entries and passageways, roads, drainage systems,
pedestrian and bicycle pathways, sewage treatment plants and other
facilities.
COMPLETE APPLICATION
(1)
An application form completed as specified by
this chapter or any other applicable ordinance and the rules and regulations
of the Planning Board and all accompanying documents required by ordinance
for approval of the application for development, including, where
applicable, but not limited to, a site plan or subdivision plat, provided
that the Planning Board or other reviewing municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any additional
information or any revisions in the accompanying documents so required
by the municipal agency.
(2)
An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of the commencement of the time
periods for action by the Planning Board or other municipal agency.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefore by the Planning Board.
CONFERENCE CENTER
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities and meeting rooms.
[Added 4-6-1999 by Ord. No. 99-4]
CONFORMING LOT
A parcel, plot or area of land abutting a street in compliance
with the minimum requirements of N.J.S.A. 40:55D-35, exclusive of
any area within such street, whose area is sufficient to provide the
yard space and setback requirements and the minimum area requirements
for the zone district in which it is located and in compliance with
all other minimum requirements for said district as required by this
chapter.
CONTINUING CARE RETIREMENT COMMUNITY
An age-restricted development that provides a continuum of
accommodations and care from independent living to long-term skilled
nursing care and enters into contracts to provide lifelong care in
exchange for the payment of monthly fees and an entrance fee in excess
of one year of monthly fees.
[Added 10-20-1998 by Ord. No. 98-6]
COUNTRY CLUB
Land area and buildings containing golf courses, recreational
facilities, clubhouse and customary accessory uses open only to members
and their guests.
[Added 10-20-1998 by Ord. No. 98-6]
COUNTY MASTER PLAN
A composite of the plan elements for the physical development
of Sussex County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board pursuant
to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COVERAGE RATIO
The portion of a site, expressed as a percentage, covered
by impervious materials.
COURT
Any open, unoccupied area which is bounded by three or more
building walls.
CRITICAL AREA
A sediment-producing, highly erodible or severely eroded
area.
CUL-DE-SAC
The turnaround at the end of a dead-end street.
CUT
Portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface or excavated surface.
DEAD-END STREET
A street or portion of a street which is accessible by a
single means of ingress or egress.
DEDICATION
An appropriation or the giving up of property to public use
or to the use by a community agency or community association which
precludes the owner or others holding rights through the owner, from
asserting any right of ownership inconsistent with the use for which
the property is dedicated.
DEDICATION FOR STREET PURPOSES
A dedication of land for construction, reconstruction, widening,
repairing, maintaining or improving a street, public or private and
for the construction, reconstruction or alteration of facilities related
to the safety, convenience or carrying capacity of said street, including
but not limited to curbing, pedestrian walkways, drainage facilities,
traffic control devices and utilities in or along road rights-of-way.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase or other person having an enforceable
proprietary interest in such land.
DEVELOPMENT REGULATION
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
[Amended 7-18-2000 by Ord. No. 2000-14]
DRIVE-IN RESTAURANT
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption of the same takes place or is designed
to take place outside the confines of the building in a motor vehicle
or on the site.
DRIVE-THROUGH FACILITY
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle.
[Added 9-30-2021 by Ord. No. 2021-07]
DWELLING, ATTACHED
A single-family dwelling attached to two or more single-family
dwellings by common vertical walls.
DWELLING, SEMIDETACHED
A single-family dwelling attached to one other single-family
dwelling by a common vertical wall.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single-family
maintaining a household.
DWELLING, ZERO-LOT-LINE DETACHED
A single-family dwelling located on a lot in such a manner
so that one or more of the building's exterior windowless sidewalls
rest directly on a lot line and which unit is connected to central
sewer and water systems.
EDUCATIONAL USE
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is a
sufficient compliance with the compulsory education requirements of
the state. Educational uses shall also include institutions of higher
education duly licensed by the State Department of Higher Education.
Summer day camps shall not be considered as educational uses or accessories
to such uses.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by
public utilities, municipal or other governmental agencies, of underground,
surface or overhead gas, electrical, stream or water transmission
or distribution systems, including electrical substations, telephone
dial centers, poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm and police call boxes, traffic signals, light stanchions,
telephone lines, hydrants and other similar equipment and accessories,
in connection therewith, reasonably necessary for the furnishing of
adequate service by public utilities, municipal or other governmental
agencies for the public health, safety or general welfare. "Essential
services" shall include firehouses, first aid and emergency aid squad,
whether provided by a municipal or nonprofit agency, pumping stations,
sewerage treatment facilities, standpipes and water storage tanks.
[Amended 6-1-2004 by Ord. No. 2004-4]
FAA
The Federal Aviation Administration.
[Added 3-16-1999 by Ord. No. 99-1]
FAMILY
Any number of persons related by blood, marriage or adoption
or unrelated individuals maintaining a household. A family shall also
include foster children but shall not include roomers or members of
a fraternity or sorority.
FARM
An area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land as may actually be used in connection with the farmhouse as provided
in N.J.S.A. 54:4-23.3, 54:4-23.4 and 54:4-23.11.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, provided that such building is located on, operated
in conjunction with and necessary to the operation of a farm.
FARM STAND
An accessory use in connection with the principal use of
farming where goods are available for sale, such goods having been
produced on or by the principal use.
FCC
The Federal Communications Commission.
[Added 3-16-1999 by Ord. No. 99-1]
FENCE
A structure of wood, metal, stone, masonry or other material;
and shall also include barriers formed by living vegetation.
FILL
Sand, gravel, earth or other materials of any composition
whatsoever, placed or deposited by any person or persons.
FINAL APPROVAL
The official action of the Planning Board or Board of Adjustment
taken on a development plan which had been given preliminary approval,
where required and 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 approval conditioned upon the posting of such guaranties.
FLOOR AREA, GROSS
The sum or the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls,
but not including areas devoted exclusively to off-street parking
and loading space for motor vehicles or any space where the floor-to-ceiling
height is less than seven feet.
FLOOR AREA RATIO
The ratio of the gross floor area of all buildings on a lot
to the lot area.
FLY ASH
Particles of gas-borne matter, not including process materials,
arising from the combustion of solid fuel, such as coal or wood.
GARAGE, PRIVATE
A detached accessory building or portion of the principal
building, designed primarily for the storage of passenger vehicles
and not more than one commercial vehicle with a rated capacity not
exceeding 3/4 ton.
GARAGE, PUBLIC
A building or portion thereof, other than a private garage,
which is primarily used for the storage, maintenance and repair, both
major and minor, of motor vehicles and the related sales of motor
vehicles and which may include such facilities designed or used for
polishing, greasing, washing, spraying and otherwise servicing such
motor vehicles incidental thereto, other than service stations, as
hereinafter defined, the sale of motor fuel and the sale of previously
registered motor vehicles, commonly referred to as "used cars." The
sale of previously registered automobiles as a primary use shall be
prohibited.
GOLF COURSE
A tract of land a least 100 acres in size if laid out for
nine holes of golf and at least 200 acres in size if laid out for
18 holes of golf in accordance with United States Golf Association
standards and improved with tees, greens, fairways and hazards and
that may include a clubhouse and shelter and operated as a commercial
enterprise or as a country club.
[Added 10-20-1998 by Ord. No. 98-6]
GOLF VILLAS
A detached residential structure containing not more than
four bedrooms with a common living area and common kitchen. Golf villas
shall be limited to areas of the C-R Zone within 1,500 feet of a hotel/conference
center.
[Added 6-20-2006 by Ord. No. 2006-10]
GRADE, FINISHED
The final grade or elevation of the ground surface conforming
to the proposed design.
GRADING
Any stripping, culling, filling, stockpiling, or any combination
thereof, including the land in its cut or filled condition.
HAZARDOUS MATERIALS
Include but is not limited to inorganic mineral acids of
sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium
and arsenic and their common salts; lead, nickel and mercury and their
inorganic salts or metallo-organic derivatives; and coal tar acids,
such as phenols and cresols and their salts.
HEARING AGENCY
The Planning Board and/or Zoning Board of Adjustment of the
Township of Hardyston.
[Added 8-28-2019 by Ord.
No. 2019-11]
HISTORIC SITE
Any building, structure, area or property that has been designated
to be significant in the history, architecture, archaeology or culture
of this state, its communities or the nation pursuant to the New Jersey
Municipal Land Use Law.
HOME OCCUPATION
Any occupation for gain or support, conducted by the members
of the family residing in a dwelling unit and conducted solely within
the dwelling unit or accessory building.
HOSPICE CARE PROGRAM
A program which is licensed by the State of New Jersey Department
of Health to provide palliative services to terminally ill patients
in the patient's home or place of residence, including medical, nursing,
social work, volunteer and counseling services.
[Added 7-9-2014 by Ord. No. 2014-09]
HOTEL
A building which contains furnished living units for its
occupants and in which no living unit contains more than two rooms,
exclusive of bathroom, foyer, closet or dressing area, terraces or
balconies and providing, among other things, such services and features
as lobby, mail and valet services, linens, central dining rooms, lounges,
concessions, room service, dispensary, game and hobby rooms, public
assembly areas and other services and features, including twenty-four-hour
desk service. Living units may be provided for the sole use of resident
employees, provided that the same do not exceed 3% of the living units
provided. (See "motel.")
HOUSEHOLD
A family living together in a single dwelling unit with common
access to and common use of all living and eating areas and all areas
and facilities for the preparation and storage of food within the
dwelling unit.
IMPERVIOUS SURFACE
.A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
[Amended 10-25-2023 by Ord. No. 2023-13]
INSTITUTIONAL USES
A use by a public or nonprofit quasi-public or private institution
for educational, religious, charitable or medical purposes.
JUNK
Any scrap, waste, reclaimable material and debris, whether
or not stored or used in conjunction with the dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
JUNKYARD
Any area, lot, parcel, building or structure used for the
storage, sale, processing, abandonment or storage of junk.
LAND DISTURBANCE
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
LIGHT INDUSTRY
The manufacture, compounding, assembly or treatment of articles or merchandise from previously prepared materials which meet the standards established in Article
XVI of this chapter.
LOADING SPACE
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or material.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law.
LOT AREA
The computed area contained within the lot lines, but not
including any street rights-of-way.
LOT, CORNER
A lot at the junction of and having frontage on two or more
intersecting streets.
LOT COVERAGE
That portion of one lot or more than one lot which is improved
or is proposed to be improved with buildings, structures, or impervious
surface, including but not limited to driveways, parking lots, pedestrian
walkways and other man-made improvements.
[Amended 10-25-2023 by Ord. No. 2023-13]
LOT LINE
A boundary line of record. (See also "yard" definitions.)
LOT, THROUGH
An interior lot which extends from one street to another.
LOT WIDTH
The distance between the side lot lines measured at the building
setback line.
MAINTENANCE GUARANTY
Any security which may be accepted by the Township for the
maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 7-18-2000 by Ord. No. 2000-14]
METEOROLOGICAL TOWER or MET TOWER
A structure designed to support the gathering of wind energy
resource data and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
[Added 11-23-2010 by Ord. No. 2010-25]
MOBILE HOME
A single-family dwelling, having no permanent foundation,
designed and constructed to be transported on its own wheels by traction
to a site, capable of being relocated to another site and not normally
designed and constructed to comply with the requirements of the Building
Code for a conventional structure. (See "trailer.")
MOTEL
A building which contains living or sleeping accommodations
for transient occupancy and have individual outside entrances to each
unit.
MOVABLE DWELLING
A structure or facility designed and constructed for residential
occupation but not necessarily to comply with Building Code requirements
for conventional residential construction, which may be transported
to the site upon which it is to be used as a unit or as sections,
comprising one or more rooms capable of being assembled to form a
dwelling which is designed and constructed so as to be and capable
of being relocated, provided that this shall not be construed to include
houses which were originally erected on one location and permanently
to the freehold before being moved or modular homes. (See "trailer.")
MULTI-LEVEL HOUSING
A single-family ownership dwelling unit in a structure containing
at least three such units in which each unit has direct access to
the outside or to a common hall and is separated from another unit
by one or more horizontal and vertical common fire-resistant walls.
[Added 10-5-1999 by Ord. No. 99-8]
NATURAL FEATURES
The earth itself, the water upon or under the surface of
the earth, the air above the earth and plants, animals, fish, birds,
insects and other living creatures growing upon or inhabiting the
earth, the water or the air.
NONCONFORMING BUILDING OR USE
A building or structure or use lawfully existing at the time
of enactment of this chapter or subsequent amendments thereto that
does not conform to the regulations of this chapter for the zone in
which it is located.
NONCONFORMING LOT
A lot or parcel which does not have the minimum width or
contain the minimum lot area for the zone in which it is located.
NUISANCE ELEMENT
Any smoke, solid particles or fly ash, odors, liquid wastes
or gaseous waste, solid wastes, radiation, noise, vibration, glare
or heat or maintenance of junk.
NURSERY SCHOOL
A facility designed to provide daytime care of instruction
for five or more children from two to five years of age, inclusive
and operated on a regular basis and meeting minimum state requirements.
NURSING HOME
A facility that is licensed by the New Jersey Department
of Health to provide health care under medical supervision and continuous
nursing care for 24 or more consecutive hours to two or more 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.
[Amended 7-9-2014 by Ord. No. 2014-09]
OFFICE
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services
and administrative and executive purposes, as distinguished from a
shop or store.
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 the closest half of the street or
right-of-way abutting the property of which the lot is a part.
[Amended 7-18-2000 by Ord. No. 2000-14]
OFF-TRACT
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
ON-SITE
Located on the lot in question and excluding any abutting
street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
ON-TRACT
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
area may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land. (See also "building
coverage and lot coverage.")
OPEN SPACE, COMMON
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
OPEN SPACE, PUBLIC
An open space area conveyed or otherwise dedicated to the
Township or a Township agency, board of education, state or county
agency or other public body for recreational and conservational uses.
OWNER
An individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
PARKING AREA, PRIVATE
Any open area, including parking spaces, driveways and access
aisles or other public way, used for the temporary storage of automobiles
and other permitted vehicles for the private use of the owners or
occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, including parking spaces, driveways and access
aisles, other than a street or other public way, used for the temporary
storage of automobiles and other permitted vehicles and available
to the public, with or without compensation, or as an accommodation
for clients, customers and employees.
PERMANENTLY AFFIXED
Any building or structure with foundation walls or footings
that support the aboveground elements and which cannot easily or conveniently
be removed therefrom.
PERMITTEE
Any person to whom a permit is issued in accordance with
this chapter.
PERSON
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivision of the state or any agency or instrumentality
thereof.
PRINCIPAL STRUCTURE
A structure arranged, adapted or designed for the predominant
or primary use for which a lot may be used.
PROFESSIONAL USE
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services.
PUBLIC UTILITY USES
Telephone or telegraph systems, plant or equipment, electric
power plants, substations or equipment, microwave relay and transmission
facilities, cable television, plant, water company wells, storage
facilities and pumping equipment, gas transmission pumping stations,
for public use or to provide services to the public, excluding actual
transmission lines.
[Amended 6-1-2004 by Ord. No. 2004-4]
QUADRAPLEX DWELLING
Four attached dwellings in one building in which each unit
has two open space exposures and shares one or two walls with the
adjoining unit or units.
[Added 3-23-2016 by Ord.
No. 2016-03]
QUARRY
A place where stone, slate, shale or other consolidated material
is excavated, crushed, washed or graded for sale as a business.
[Added 8-28-2019 by Ord.
No. 2019-11]
QUARRYING
The excavating of consolidated material for sale as a business.
[Added 8-28-2019 by Ord.
No. 2019-11]
RECREATION FACILITY
A place designed and equipped for the conduct of sports and
leisure time activities.
[Added 10-25-2023 by Ord. No. 2023-13]
RECREATION FACILITY, PERSONAL
A recreation facility provided as an accessory use on the
same lot as the principal permitted use and designed to be used primarily
by the occupant of the principal use and their guest.
[Added 10-25-2023 by Ord. No. 2023-13]
RECREATION FACILITY, PRIVATE
A recreation facility operated by a private organization
and open only to bona fide members and guests.
[Added 10-25-2023 by Ord. No. 2023-13]
RESIDENTIAL APPEARANCE
A building or structure having the appearance of a single-family
residence generally similar to single-family residences, Classes 15
through 20, inclusive, as depicted in the Real Property Appraisal
Manual for New Jersey Assessors, Third Edition, issued by the Property
and Public Utility Branch, Division of Taxation, Department of the
Treasury, State of New Jersey.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
RESTAURANT
An establishment in which food or drink is prepared, served
and consumed within the principal building.
RETAIL, DRIVE-THROUGH
A retail business as defined herein that by design, physical
facilities, service or packaging procedures encourages or permits
customers to receive services or obtain goods while remaining in their
vehicle (also referred to as "retail drive-through").
[Added 9-30-2021 by Ord. No. 2021-07]
ROADSIDE STANDS
An open or covered structure of permanent or temporary construction
which fronts on a public street located on land which is owned or
leased by the operator for the purposes of direct-to-consumer commodity
sales.
ROOMER
A person other than a member of a family occupying a part
of any dwelling unit, who, for a consideration, is furnished sleeping
accommodations only in such dwelling unit.
ROOMING HOUSE
Any dwelling or part thereof in which space is let by the
owner or operator to more than three roomers who are not members of
the family.
SERVICE STATION, AUTOMOTIVE
A retail place of business engaged primarily in the sale
of motor fuel, but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist's needs. Major automobile repairs, painting
and body and fender works are functions associated with a public garage
and not with a service station.
SHOPPING CENTER
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements
and landscaping and signage in accordance with an approved plan.
[Amended 4-6-1999 by Ord. No. 99-4]
SIGHT TRIANGLE
A triangular-shaped portion of land 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 limit to obstruct sight distance.
SIGN
Any announcement, declaration, demonstration, billboard,
display, illustration or insignia used to promote or advertise the
interests of any person, group of persons, company, corporation, service
or product when the same is placed, erected, attached, painted or
printed to advertise or promote the interest of the same, when placed
out of doors in view of the general public or placed where it may
be viewed from the outside of any structure where placed.
SIGN, BANNER
A temporary advertising sign made of lightweight material
that is supported by a lightweight pole or frame, or is affixed to
an existing sign, building or other structure by ties, screws, nails
or other temporary means.
[Added 5-7-2013 by Ord. No. 2013-04]
SIGN, ELECTRONIC MESSAGE
An illuminated sign capable of displaying words, symbols,
figures or images that can be electronically or mechanically changed
by remote or automatic means.
[Added 5-7-2013 by Ord. No. 2013-04]
SIGN, FREESTANDING
A permanent pole, ground or monument sign attached to the
ground and supported by uprights or braces attached to a foundation
in the ground and not attached to any building.
[Amended 3-1-2011 by Ord. No. 2011-01]
SIGN, MESSAGE BOARD
Permanent sign with manually changeable copy.
[Added 11-8-2017 by Ord.
No. 2017-08]
SIGN, MONUMENT
A freestanding standing sign that is constructed upon a solid-appearing
base or pedestal which is not less than than half the width of the
message portion of the sign.
[Added 3-1-2011 by Ord. No. 2011-01]
SIGN, OFF-PREMISES
A sign which advertises a business which is not conducted
or a product which is not sold on the lot where the sign is located.
SIGN, POLE
A freestanding sign that is erected on a mast, frame, poles
or pylons which are solidly affixed to the ground. Pole signs shall
allow for visibility between the bottom edge of the sign and the supports
used to erect the sign.
[Added 3-1-2011 by Ord. No. 2011-01]
SIGN, SANDWICH BOARD
A portable sign easily moved from place to place on a stand
or A-type frame and having no permanent attachment to the ground.
[Added 5-7-2013 by Ord. No. 2013-04]
SIGN, SUSPENDED
A sign hanging from a marquee, awning, porch or canopy.
[Added 5-7-2013 by Ord. No. 2013-04]
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas,
fabric, plywood or other light material and designed or intended to
be displayed for a short period of time.
[Added 5-7-2013 by Ord. No. 2013-04]
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine,
a tower and associated conversion electronics, which has a rated capacity
consistent with the applicable provisions of the State Uniform Construction
Code promulgated pursuant to the State Uniform Construction Code Act.
P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and technical bulletins
issued pursuant to Section 2 of P.L. 2009, c. 244 (N.J.S.A. 40:55D-66.13),
and which is used primarily for on-site consumption and has a nameplate
capacity of 100 kilowatts or less.
[Added 11-23-2010 by Ord. No. 2010-25]
SOIL, ARABLE
That soil to a minimum depth of six inches that will support
growth.
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which
converts solar energy into usable electrical energy, heats water or
produces hot air or other similar function through the use of solar
panels.
[Added 11-23-2010 by Ord. No. 2010-25]
SOLAR PANEL
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 11-23-2010 by Ord. No. 2010-25]
STEALTH TOWER STRUCTURE
Man-made trees, clock tower, bell steeples, light poles and
other similar alternative-design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
[Added 3-16-1999 by Ord. No. 99-1]
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof above. A basement
shall not be considered a story except when the basement is more than
six feet above the average elevation of the finished grade at the
foundation, is more than six feet above the finished grade for more
than 50% of the total building perimeter or is more than 12 feet above
the finished grade at any point.
[Amended 3-1-2011 by Ord. No. 2011-01]
STORY, HALF
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet above the top
floor level and in which space the possible floor area with a head
room of five feet or less occupies at least 40% of the total area
of the story directly beneath.
STREET
Any public or private right-of-way commonly used by the public
for motor vehicle movement and which is approved for purposes of issuing
building permits. For purposes of this chapter, such rights-of-way
may be classified as follows, but such classification does not mean
that the right-of-way thus identified is approved for purposes of
issuing building permits:
(1)
ARTERIALA street so designated in the duly adopted Hardyston Master Plan.
(4)
LOCALA street which is used primarily for access to abutting properties.
STREET LINE
The line which separates the publicly owned or controlled
or publicly used street right-of-way from the private property which
abuts upon said street, as distinct from a sidewalk line, curbline
or edge of pavement line.
STRIPPING
Any activity which removes or significantly disturbs the
vegetative surface cover.
STRUCTURE
Anything constructed or erected which require permanent or
temporary location on, in or under the ground or attachment to something
having such location, excluding unroofed patios, agricultural fences
five feet in height and under.
SUBDIVIDED LAKE COMMUNITIES
A residential lake. community with single-family residences
on individual lots.
[Added 10-20-1998 by Ord. No. 98-6]
TOPSOIL
The arable soil within eight inches of the surface.
[Added 8-28-2019 by Ord.
No. 2019-11]
TOWER
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,
but is not limited to, radio and television transmission towers, microwave
towers, common carrier towers and cellular telephone towers. The term
also includes the structure and any support thereof.
[Added 3-16-1999 by Ord. No. 99-1]
TOWNHOUSE
A building designed for or occupied by no more than one family
or household and attached to other similar buildings or structures
by party walls extending from the foundation to the roof and providing
two direct means of access from the outside and provided with separate
cooking, sleeping and sanitary facilities and separate facilities
for electric service, heating, electric and gas services.
TRACTOR
A motor vehicle specifically designed or equipped to haul
or pull any wheeled vehicle licensed to go upon public roads or highways.
TRAILER
A wheel-based vehicle that is designed to be propelled by
a towing vehicle and which is used or may be used as a dwelling or
for the transportation or storage of goods, materials, livestock or
any object. For the purposes of this chapter, "trailers" shall be
considered buildings and are intended to be regulated as such, where
trailers are permitted. The regulations of this chapter that apply
to trailers shall also apply to the following vehicles as herein defined
below:
(1)
CAMPING VEHICLEA portable structure or a wheel-based structure built on a chassis, which is self-propelled or designed to be propelled by a towing vehicle or carried as a self-propelled vehicle and which is designed and intended to be used as a temporary dwelling for travel, recreation or vacation purposes.
(2)
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and when factory equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding 32 feet.
(3)
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(4)
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(7)
BOAT TRAILERA trailer designed for the purpose of transporting a boat overland.
(8)
HORSE TRAILERA trailer designed for the purpose of transporting horses or animals overland.
(9)
TENT TRAILERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
UNSUBDIVIDED LAKE COMMUNITIES
A residential lake community in which the land is not in
fee simple ownership in connection with the structure (for example
the Lake Gerard, Beaver Lake and Rock Lodge communities.)
[Added 10-20-1998 by Ord. No. 98-6]
VEHICLE, MOTOR
A self-propelled device which is licensed as a motor vehicle
by the State of New Jersey.
VEHICLE, RECREATIONAL
A vehicular portable structure which can be towed, hauled
or driven, primarily designed as temporary living accommodations for
recreational, camping and travel use and including travel trailers,
truck campers, camping trailers and self-powered motor homes.
VEHICULAR SALES AREA
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine
and all associated equipment, including any base, blade, foundation,
nacelle, rotor, tower, transformer, vane, wire inverter, batteries
or other components necessary to fully utilize the wind generator.
[Added 11-23-2010 by Ord. No. 2010-25]
WIND TURBINE
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and
transfer energy.
[Added 11-23-2010 by Ord. No. 2010-25]
YARD
An open space which lies between the principal or accessory
building or buildings and the nearest lot line, unoccupied and unobstructed
from the ground upward except as permitted in this chapter.
YARD, FRONT
A space extending across the full width of the lot between
any principal building and the front lot line and measured perpendicular
to the front lot line at its closest point to the principal building.
Said front yard shall be unoccupied and unobstructed from the ground
upward except as may be permitted elsewhere in this chapter.
[Amended 6-1-2004 by Ord. No. 2004-7]
YARD, REAR
A space extending across the full width of the lot between
the principal building and the rear lot line measured perpendicular
to the rear lot line at its closest point to the principal building.
Said rear yard shall be unoccupied and unobstructed from the ground
upward except as may be permitted elsewhere in this chapter.
[Amended 6-1-2004 by Ord. No. 2004-7]
YARD, SIDE
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
to the side lot line at its closest point to the principal building.
Said side yard shall be unoccupied and unobstructed from the ground
upward except as may be permitted elsewhere in this chapter.
ZONING PERMIT
A document signed by the Zoning Officer which is required
by this chapter as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom or is a nonconforming use.