Township of Hillsborough, NJ Title; Purpose; Definitions

For Planning Board matters, the Planning Board Clerk.

For Board of Adjustment matters, the Board of Adjustment Clerk for administrative and procedural matters and the Zoning Officer for orders, requirements, decisions and refusals.

AGRICULTURAL DEED RESTRICTION

For Township Committee matters, the Township Clerk.

ADULT DAY-CARE CENTER

A facility providing care for the elderly and/or functionally impaired adults in a protective setting for part of a twenty-four-hour day.

[Added 9-22-2009 by Ord. No. 2009-31]

ADVERSE EFFECT

Development, designs, situations or existing features on a developer's property, or any nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions such as a layout inconsistent with the zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location; inconvenient street system; inadequate utilities such as water, drainage, shade trees and sewerage; unsuitable size, shape and location for any area reserved for public use or land for open space in a planned development; infringement upon land designated as subject to flooding; and the creation of conditions leading to soil erosion from wind or water from excavation or grading, all as set forth in N.J.S.A. 40:55D-38 and measured against the design and performance standards of this chapter.

Recorded deed restriction imposed by a landowner on his/her land restricting its use to agricultural purposes in accordance with the requirements of § 188-99.3J of this chapter.[1]

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

AGRICULTURAL SUPPORT SERVICE

An establishment selling seed, fertilizer, pesticides, soil conditioners, farm implements and other farm supplies and equipment primarily to the agricultural industry.

[Added 3-10-2009 by Ord. No. 2009-10]

AGRICULTURAL USE

Production for sale of plants and animals useful to man, including but not limited to: forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, llamas, horses, ponies, mules or goats, including the breeding, boarding, raising, rehabilitating, training or grazing of any or all of such animals, except that livestock shall not include dogs; bees and apiary products; fur animals, trees and forest products; or when devoted to and meeting the requirements and qualifications for payments and other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government. For the purposes of this chapter, agricultural use does not include a dwelling (see definition of “farm”). Other provisions hereof notwithstanding, agricultural use shall not include intensive poultry or swine production or intensive animal feed lot operations.

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

ALTERATIONS OR ADDITIONS, STRUCTURAL

Any change in supporting members of a building or additions to a structure requiring walls, foundations, columns, beams, girders, posts or piers or the moving of a structure.

APPLICANT

Anyone submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit.

APPROVING AUTHORITY

The Planning Board, unless a different agency is designated in the text of this chapter, when acting pursuant to the authority of the Municipal Land Use Law.

ARCHITECTURAL ELEMENT

A part, portion or projection that contributes to the overall appearance of a building or structure, exclusive of signs, that is not necessary for the structural integrity of the building or structure or to make said building or structure habitable and does not contain usable floor area.

[Added 9-22-2009 by Ord. No. 2009-30]

AS-BUILT PLANS

Plans showing final construction conditions including vertical and horizontal controls.

ATRIUM HOME

One dwelling unit in a series of attached units which are shaped and attached in such a way, using common or connecting walls in some cases, as to result in a private courtyard for the use of the occupants of each dwelling unit.

BEST MANAGEMENT PRACTICES (BMPs)

Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment; and minimize adverse impacts to surface water and groundwater flow, circulation patterns and to the chemical, physical and biological characteristics of critical areas.

[Added 4-12-2005 by Ord. No. 2005-02]

BILLBOARD

Off-site lettered or pictorial advertising. Includes the terms "digital billboard" and "static billboard."

[Amended 5-9-2023 by Ord. No. 2023-05]

BOARDINGHOUSE

A detached dwelling, other than a hotel or motel, wherein not more than two persons are sheltered or fed for compensation by the resident owner of the structure.

[Amended 9-24-1985 by Ord. No. 85-14]

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING COVERAGE

The area occupied by all buildings on a lot measured on a horizontal plane and including the area under the roof of any structure as measured around the extremities of the roof.

BUILDING HEIGHT

The vertical distance from the grade to the top of the highest gable, slope of a hip roof or otherwise the highest point of the roof. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.

[Amended 10-13-1987 by Ord. No. 87-21]

BUSINESS SERVICES

Establishments primarily engaged in rendering services to other business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; personnel and employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing, copying and printing; travel; office supply; and similar services.

[Added 7-10-2007 by Ord. No. 2007-25]

BUS STOP SHELTERS/TRANSIT SHELTERS

A freestanding structure, located on a bus transit route, which is designed to accommodate embarking and disembarking bus transit passengers.

[Added 7-10-2007 by Ord. No. 2007-25]

CARTWAY

The graded or paved surface portion of a street. Where there are curbs, the cartway includes that portion between the curbs.

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto.

[Added 6-11-2024 by Ord. No. 2024-09]

CHANNEL

A watercourse with a definite bed and banks that confine and conduct the normal continuous or intermittent flow of water.

[Added 4-12-2005 by Ord. No. 2005-02]

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

[Added 6-11-2024 by Ord. No. 2024-09]

Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

CHILD-CARE CENTER

[Added 8-14-1990 by Ord. No. 90-14]

Any facility which is maintained for the care, development or supervision of six or more children who attend the facility for less than 24 hours a day. This term shall include but shall not be limited to such programs as private nonsectarian child-care centers, day-care centers, drop-in centers, day nursery schools, nighttime centers, infant/toddler programs, school-age programs, play schools, boarding schools, employment-related centers, cooperative child-care centers, child-care centers which have already received approval by the Department of Human Services prior to the enactment of N.J.S.A. 30:5B-1 et seq., and kindergartens that are not an integral part of an elementary education institution or system.

This term shall not include:

CITIZENS' ADVISORY COMMITTEE

Foster homes, group homes or any other type of in-home residential facilities and children's institutions, whether public or private, providing care on a twenty-four-hour basis.

(4)

All programs operated by a public school district and private schools which are run solely for educational purposes. This exclusion shall apply to kindergartens, pre-kindergarten programs which are an integral part of an elementary educational institution or system or a child-care center which is an integral part of a private educational institution or system offering elementary education in grades kindergarten through 6.

(5)

Centers or special classes operated primarily for religious instruction or for the temporary care of children while persons responsible for such children are attending religious services.

(6)

Special activities programs for children, including athletics, hobbies, art, music, dance and craft instruction, which are supervised by an adult, agency or institution.

(7)

Youth camps required to be licensed under the New Jersey Youth Camp Safety Act N.J.S.A. 26:12-1 et seq.

(8)

Day-training centers operated by the Division of Mental Retardation within the Department of Human Services.

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

One or more persons appointed by the Mayor to assist or collaborate with the Planning Board in its duties, but with no power to vote or take other action required of the Board.

CIVIC

The term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit and municipal parking.

[Added 7-10-2007 by Ord. No. 2007-25]

CIVIC BUILDING

A building designed specifically for a civic function.

[Added 7-10-2007 by Ord. No. 2007-25]

CIVIC SPACE

An outdoor area dedicated for public use. Civic space types are defined by the combination of certain physical constraints including the relationship between their intended use, their size, their landscaping and the building(s) defining the space.

[Added 7-10-2007 by Ord. No. 2007-25]

CLUSTER DEVELOPMENT

Development based on an overall density for the entire tract with the dwelling units generally located on individual lots reduced in size so that higher densities result in segments of the tract, with common open space, common property or open space generated on the remainder of the tract.

COMMERCIAL FARM

[Added 9-9-2003 by Ord. No. 2003-14]

A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), or

COMMERCIAL INSTRUCTIONAL ACTIVITIES

A farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).

Any educational or recreational programs or activities involving team or individual instruction that is conducted in a commercial structure and related to children or adults, including, but not limited to: dance, musical instruments, singing, cooking, karate or other sports.

[Added 7-10-2007 by Ord. No. 2007-25]

COMMON OPEN SPACE

An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMON PROPERTY

Land and/or water, together with improvements, designed and intended for ownership, use and responsibility by the tenants and/or owners of the dwelling units in the development.[2]

COMMUNITY GARDEN

A parcel of land used for the growing of vegetables, flowers and plants, used for human consumption but not for commercial sales. The garden area may include a greenhouse and an accessory storage building and shall include benches, a watering system and fencing.

[Added 7-10-2007 by Ord. No. 2007-25]

COMMUNITY WASTEWATER TREATMENT FACILITY

A utility installation designed to collect and process wastewater, which is intended to serve only the development in which it is located and the surrounding properties, as appropriate.

[Added 6-23-2009 by Ord. No. 2009-23]

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 the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board.

CONTRACTOR

Undertakes trades of a type that are specialized to assist in building construction, maintenance and remodeling, including, but not limited to, heating, air conditioning, plumbing, electric, landscaping, painting and roofing.

[Added 9-9-2008 by Ord. No. 2008-29]

CONVENTIONAL

Development other than planned development.

COUNTY MASTER PLAN

A composite of the Master Plan for the physical development of Somerset County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Somerset County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4, as amended.

COUNTY PLANNING BOARD

The Somerset County Planning Board.

CRITICAL AREA

Any area which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment, including but not limited to slopes of 12% or greater, floodplains, floodways, areas of critical seasonal high water table, wetlands and wetland transition areas and stream corridors.

[Added 4-12-2005 by Ord. No. 2005-02]

CRITICAL SEASONAL HIGH WATER TABLE

Conditions which generally occur between January and April when groundwater rises in the soil towards the surface such that areas of high water at zero to one foot from the surface may exist.

[Added 4-12-2005 by Ord. No. 2005-02]

DAYS

Calendar days.

DECK

A flat, floored, roofless area adjoining a dwelling.

[Added 7-14-1987 by Ord. No. 87-14]

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

[Amended 4-9-1985 by Ord. No. 85-1]

DETENTION BASIN

A shallow basin with constant, precalculated water discharge, built to pond and to detain stormwater runoff during storm time and shortly thereafter. (See "retention basin.")

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to the Municipal Land Use Law and this chapter.

DEVELOPMENT COMMITTEE

A committee of the Planning Director, Township Engineer and Zoning Officer for the purpose of reviewing subdivision and site plan applications prior to action by the entire approving authority to determine whether such applications comply with all ordinance provisions and to make recommendations to the approving authority for classification and action. In the event that no Development Committee has been created, the functions delegated to it shall be performed by the approving authority.

DEVELOPMENT REGULATION

A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.

[3]

DIGITAL BILLBOARD

A billboard that uses internal illumination or digital display, including those that contain multiple advertisements that cycle on predetermined intervals.

[Added 5-9-2023 by Ord. No. 2023-05]

DISPATCH SERVICES

A privately owned facility that houses motor vehicles to provide transportation-related services, such as but not limited to taxis, buses, limousines and ambulances, on an as-needed basis involving direct customer contact at the time the service is required.

[Added 9-22-2009 by Ord. No. 2009-29]

DISTRIBUTION LINE

A pipeline other than a gathering or transmission line.

[Added 9-13-2005 by Ord. No. 2005-31; amended 11-9-2005 by Ord. No. 2005-47]

DIVISION

The Division of State and Regional Planning in the Department of Community Affairs.

DRAINAGE

The removal of surface water or groundwater from land, by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or the prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The lands required for the passage of stormwater and the installation and maintenance of stormwater facilities in accordance therewith.

DRIVE-THROUGH FACILITY

A facility associated with a use that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services and/or obtain goods while remaining in their motor vehicles.

[Added 7-10-2007 by Ord. No. 2007-25]

DWELLING, DETACHED

A building detached from other building(s) for residence purposes by one housekeeping unit and which has its own cooking, sleeping, sanitary and general living facilities.

DWELLING UNIT

A room or series of connected rooms containing cooking, sleeping, sanitary and general living facilities for one housekeeping unit. The dwelling unit shall be self-contained, shall not require the use of outside stairs or passage through another dwelling unit, shall not require indirect route(s) to get to any portion of the dwelling unit and shall not have shared living or sanitary facilities with another dwelling unit.

EASEMENT

A grant or grants to the Township, county, state or others to use or restrict the use of private land to fulfill the intent and purpose provided in this chapter or other public or quasi-public purposes.

ELDER-CARE CENTER

A building or space in a building and grounds used for the day care of senior citizens, including normal daily health-related care, i.e., medication administration, but not nursing care and services and does not preclude services like flu shots.

[Added 7-10-2007 by Ord. No. 2007-25]

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

[Added 6-11-2024 by Ord. No. 2024-09]

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. “EVSE” is synonymous with “electric vehicle charging station.”

[Added 6-11-2024 by Ord. No. 2024-09]

ENVIRONMENTAL COMMISSION

The Hillsborough Township Environmental Committee, pursuant to P.L. 1968, c. 245 (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.

EXTENDED CARE FACILITY

One or more residential structures which incorporate health care services for the long-term care of the residents, including assisted living, nursing homes and rehabilitation facilities.

[Added 6-24-2008 by Ord. No. 2008-20]

FAMILY DAY-CARE HOME

[Added 8-14-1990 by Ord. No. 90-14]

A private residence in which child-care services are provided for a fee to no less than three and no more than five children for no less than $15 per week.

A child being cared for under the following circumstances is not included in the total number of children receiving family day-care home services:

FARM ACCESSORY STRUCTURES AND USES

The child being cared for is legally related to the provider.

(4)

Care is being provided as part of a cooperative agreement between parents or guardians for the care of their children by one or more of the parents or guardians where no payment for the care is being provided.

(5)

A "family day-care provider" means a person at least 18 years of age who is responsible for the operation and management of a family day-care home.

FARM

A lot of at least five acres, used exclusively for agricultural use as defined in this chapter, including, but not limited to, fruit farms, horse farms, nurseries and greenhouses, silviculture operations, dairies and livestock, and produce.

[Amended 12-30-2002 by Ord. No. 2002-48; 9-9-2003 by Ord. No. 2003-14]

Structures incidental to farm operations, such as barns and packing, grading and storage buildings for farm products; fences; buildings for keeping of permitted poultry and livestock; and garages for the keeping of trucks and other equipment principally used in farm operation. Also, accessory housing facilities for farm workers, as an accessory conditional use, in accordance with the requirements for the zoning district in which the lot is located. No retail uses or structures shall be permitted, except for incidental and ancillary retail use associated with farm stands as defined and permitted.

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

FARM BUILDING

Any building or structure, located on a farm, which is utilized for the storage, handling or production of agricultural or horticultural products normally intended for sale or a building used for the maintenance, storage or use of animals or equipment related thereto.

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

FARM-BASED BUSINESS

A non-farming commercial enterprise, operated on a lot of at least 50 contiguous acres in the Agricultural District, with a farm as a principal use. Such business shall be secondary as a principal use to the farm use and shall meet the requirements for the Agricultural District. Permitted home occupations as provided in § 188-54 shall not be considered farm-based businesses.

[Amended 9-9-2003 by Ord. No. 2003-14]

FARM MANAGEMENT UNIT

A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.

[Added 9-9-2003 by Ord. No. 2003-14]

FARM MARKET

A permanent enclosed building, typically operated year-round, where the majority of products consist of perishable foods and prepared foodstuffs.

[Added 3-10-2009 by Ord. No. 2009-10]

FARM STAND

A building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs or plants and accessory sales of other unprocessed foodstuffs, home-processed food products such as jams, jellies, pickles, sauces or baked goods and homemade handicrafts. The floor area devoted to such accessory sales shall not exceed 50% of the total sales area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold at a farm stand. Outdoor sales and display of produce, live plant material and other products grown or otherwise produced on the farm management unit are permitted as regulated in § 188-99.3C.

[Added 9-9-2003 by Ord. No. 2003-14]

FINAL APPROVAL

The official action of the approving authority 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 approval conditioned upon the posting of such guaranties.

FINAL PLAT

The map of all or a portion of a subdivision which is submitted for final action by the Township and which, if approved, shall be filed in the Somerset County Clerk's office.

FLATS or LOFTS

Residential building containing two or more dwelling units attached at one or more common roofs, walls or floors. Typically, the units' habitable area is provided on a single level with entrances provided from a common corridor. Common lobby elevators are required when more than one story above grade is provided. Flats or lofts may be contained in a residential building or may be residential flats or lofts over first floor commercial uses.

[Added 7-10-2007 by Ord. No. 2007-25]

FLOOD

The temporary overflowing of water onto land that is usually devoid of surface water.

[Added 4-12-2005 by Ord. No. 2005-02]

FLOOD-FRINGE AREA

That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.

[Added 4-12-2005 by Ord. No. 2005-02]

FLOOD HAZARD AREA

The floodplain consisting of the floodway and the flood-fringe area.

[Added 4-12-2005 by Ord. No. 2005-02]

FLOODPLAIN

The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwaters.

FLOODWAY

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

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

[Amended 4-9-1985 by Ord. No. 85-1]

FREESTANDING RESTAURANT

A restaurant, bar, nightclub or similar facility which is developed on its own lot or parcel. This type of restaurant is distinct from an attached type which is constructed as an integral part of a structure which contains other units and/or uses that may share adjoining walls or a single roof.

[Added 6-10-1986 by Ord. No. 86-8]

FRESHWATER 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.

[Added 4-12-2005 by Ord. No. 2005-02]

GARDEN APARTMENT

A dwelling containing a minimum of six dwelling units and not exceeding two stories that contain dwelling units.

GARDEN CENTER or PLANT NURSERY

Lands, greenhouses, and other temporary and permanent structures used for the production and sale of live plant material, fertilizers, pesticides, landscape materials and equipment, plant containers, seasonal sales of flowers, produce and holiday items, including Christmas trees, both live and artificial, lawn ornaments, garden furniture and similar materials, and including prepared foods.

[Added 3-10-2009 by Ord. No. 2009-10]

GATHERING LINE

A pipeline that transports gas from a current production facility to a transmission line or main.

[Added 9-13-2005 by Ord. No. 2005-31; amended 11-9-2005 by Ord. No. 2005-47]

GROSS FLOOR AREA

The total floor area in a structure measured by using the outside dimension of the building at each story. The gross floor area of units sharing a common wall shall be measured from the center of interior walls and the outside of exterior walls. In residential uses, the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than five feet. In nonresidential structures, the gross floor area shall include areas used for utility, heating, cooling and other related mechanical equipment and all other areas, including cellars, warehousing and storage areas, regardless of ceiling height.

GROSS TRACT AREA

The total area of a development parcel.

[Added 6-23-2009 by Ord. No. 2009-23]

HEALTH CLUB/FITNESS CENTER

An establishment that provides exercise facilities, including, but not limited to, running, jogging, aerobics, weight lifting, court sports and swimming, as well as locker rooms, showers, massage rooms, saunas and related accessory uses, including the sale of nutritional snacks and drinks, clothing and equipment.

[Added 2-26-2013 by Ord. No. 2013-04]

HISTORIC SITE

Any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing, which has been formerly designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance or has been included and identified in the official Zoning Map of the Township of Hillsborough as an historical site or is listed in the federal or state historical registers as an historical site or has been included and identified in the predecessor Historic Commission's register and list of historic sites, all of which maps and lists are hereby made a part of this chapter.

[Amended 8-14-1990 by Ord. No. 90-15; 12-11-1990 by Ord. No. 90-25]

HISTORIC ZONE OR DISTRICT

One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites. "Historic District" shall also mean a geographically definable area, small or large, possessing a significant concentration, linkage or continuity of sites, buildings, structures and/or objects which, when viewed collectively, represents a significant period in the development of the Township; or has a distinctive character resulting from their architectural style; or because their distinctive character can readily be viewed as an area or a neighborhood distinct from surrounding portions of the Township. The Historic Zone or District shall have been designated as such either by the predecessor Historic Commission through inclusion and identification in its map of historic districts or by the Township Committee through inclusion and identification in the official Zoning Map of the Township, all of which maps are hereby made a part of this chapter.

[Added 8-14-1990 by Ord. No. 90-15; amended 12-11-1990 by Ord. No. 90-25]

HOME IMPROVEMENT CENTERS

Retail establishments where a variety of products for the home are offered within the confines of a single building and enclosed exterior space with appropriate screening. Such products include but are not limited to appliances, tools, lumber, flooring materials (including carpets), plants and garden products, electrical and plumbing supplies, paints and lighting fixtures.

[Added 3-10-2009 by Ord. No. 2009-10]

HOMEOWNERS' ASSOCIATION

An incorporated organization operating in a development under recorded land agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township, and each owner and tenant has a right to use the common property.

HORSE BOARDING STABLE

A farm providing for the feeding, housing and exercising of horses, including horses not owned by the owner of the farm and for which the owner of the farm may receive compensation.

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

HOTEL

A facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment and recreational facilities and banquet halls or facilities.

[Added 6-24-2008 by Ord. No. 2008-20]

HOUSEKEEPING UNIT

One or more persons living together in one dwelling unit on a fairly stable rather than transient basis, where the occupants share the ordinary tasks of living in a dwelling unit, such as but not limited to cooking and eating together, sharing inside and outside chores and performing other functional duties, and otherwise exhibit a kind of stability, permanency and functional lifestyle which is equivalent to that of the traditional family unit.

[Amended 9-24-1985 by Ord. No. 85-14]

INDUSTRIAL OR OFFICE PARK

Multiple buildings and/or lots involving permitted industrial and/or office uses, including manufacturing, finishing and assembly of products, offices and medical offices, contractor facilities and research and development uses, which may have any combination of the following shared amenities and improvements: stormwater management facilities, parking, access, landscaping, lighting, signs, and/or open space/recreation.

[Added 3-10-2009 by Ord. No. 2009-10; amended 6-13-2023 by Ord. No. 2023-08]

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.

INTERNET VEHICLE PROCESSING FACILITY

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 the Municipal Land Use Law or this chapter or whose rights to use, acquire, or enjoy property under said Municipal Land Use Law, 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 said Municipal Land Use Law or this chapter.

The storage and sale of intact, damaged and used vehicles using online Internet bidding. No vehicle dismantling, crushing, stacking, repairs or sales of parts is permitted.

[Added 9-14-2010 by Ord. No. 2010-26]

JUNKYARD

Any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris in connection with the dismantling, processing, salvage, sale or use or disposition thereof or of any material whatsoever.

LAND

Includes improvements and fixtures on, above or below the surface.

LAND DISTURBANCE

Any activity involving the clearing, cutting, excavation, filling or grading of land or any other activity that alters land topography or vegetative cover that involves the area below the first 12 inches of the soil profile, excluding the installation of fence posts, sheds, decks and any other activity that alters land topography or vegetative cover necessary for the planting of trees and shrubs within this area.

[Added 4-12-2005 by Ord. No. 2005-02; amended 11-9-2005 by Ord. No. 2005-47]

LANDMARK

Any buildings, structures, sites, objects or districts which possess integrity of location, design, setting, materials and workmanship and which have been determined, pursuant to the terms of this chapter, to be of particular historic significance to the Township of Hillsborough by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community; or associated with historic personages important in national, state or local history; or the site of an historic event which has a significant effect on the development of the nation, state or community; an embodiment of the distinctive characteristics of a type or method of architecture or engineering; or representative of the work of an important builder, designer, artist or architect; or significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or able or likely to yield information important in prehistory or history.

[Added 8-14-1990 by Ord. No. 90-15]

LANDOWNER

Any individual, corporation, association, trust or any other legal entity having legal title to the land. The holder of an option, contract to purchase or other enforceable proprietary interest in such land may file an application for the purposes of this chapter.

LARGE-FORMAT SUPERMARKET

A retail establishment devoted principally to the sale of food as well as other convenience and household goods containing a minimum gross floor area of 75,000 square feet.

[Added 10-11-2022 by Ord. No. 2022-17]

LEED^TM RATING SYSTEM

The most recent version of the Leadership in Energy and Environmental Design (LEED^TM) Commercial Green Building System^TM, or other related LEED^TM rating system, approved by the United States Green Building Council (USGBC).

[Added 7-10-2007 by Ord. No. 2007-25]

LEED^TM ACCREDITED PROFESSIONAL

An individual who has passed the LEED^TM accreditation examination issued by the USGBC in applying LEED^TM principles to building design.

[Added 7-10-2007 by Ord. No. 2007-25]

LIVE/WORK DWELLING UNITS

Buildings or spaces within buildings that are used jointly for commercial and residential purposes, where residential use of the space is secondary or accessory to the primary use as a place of work.

[Added 7-10-2007 by Ord. No. 2007-25]

LOADING DOCK

An elevated platform appurtenant to a loading space for the purpose of loading and unloading material.

LOADING SPACE

An off-street berth on the same lot with a building or group of buildings for the temporary parking of a vehicle while loading or unloading.

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 area contained within the lot lines, but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted Master Plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the ultimate widening of the street.

LOT, CORNER

A lot at the junction of two or more intersecting streets where the interior angle of the intersection does not exceed 135º.

LOT COVERAGE

The area of a lot covered by any impervious surface such as a roof or paving.

LOT DEPTH

The shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.

LOT FRONTAGE

The horizontal distance between the 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% of the required minimum lot width. In the case of a corner lot, either side may be considered the lot frontage, provided that the minimum frontage requirement is met for the zone in which the lot is located.

LOT LINE

Any line forming a portion of the exterior boundary of a lot. The lot line is the same line as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.

LOT SUITABILITY

In any development application, no residential building lot with a private well and individual septic system shall contain less than 22,500 contiguous square feet of unconstrained land area on which any building using such well and septic system shall be located. Soil boring or percolation/permeability tests shall show the ground conditions to be adequate for proper septic disposal, wherever the septic system is located on the lot, according to Board of Health regulations.

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

LOT WIDTH

The horizontal distance between side lot lines measured at setback points on each side lot line an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line.

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a “plug and play” basis. “Make-ready” is synonymous with the term “charger ready,” as used in P.L. 2019, c. 362 (C.48:25-1 et al.).

[Added 6-11-2024 by Ord. No. 2024-09]

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 Section 16, P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.

[Amended 5-11-1993 by Ord. No. 93-11]

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to Section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28).

[Amended 5-11-1993 by Ord. No. 93-11]

MET TOWER

A meteorological tower to measure wind speeds and determine whether a site qualifies for a wind turbine.

[Added 12-26-2007 by Ord. No. 2007-42]

MINOR SITE PLAN

A development plan of one or more lots which proposes new development within the scope of development specifically permitted by this chapter as a minor site plan; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met. Approval of a "minor site plan" shall be deemed final approval and, as such, a minor site plat on which action is requested shall be prepared in accordance with final plat requirements.

MINOR SUBDIVISION

A subdivision of land for the creation of three lots or fewer, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42).

MOBILE HOME PARK

Any lot upon which two or more mobile homes are located and used for dwelling purposes.

MUNICIPAL AGENCY

A municipal planning board or board of adjustment or a governing body of a municipality when acting pursuant to this Act and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the Municipal Land Use Law.

[Amended 5-11-1993 by Ord. No. 93-11]

NET ACRE

A measure of developable land area after excluding existing dedicated rights-of-way, easements and critical areas.

[Added 6-23-2009 by Ord. No. 2009-23]

NONCONFORMING LOT

A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONFARM LOT

Any lot (or tract of land) which does not have a farm or agricultural use/purpose as a principal use.

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

NURSERY

Lands and buildings on a tract of at least five acres where agricultural materials and related retail goods are offered for sale.

NURSING HOME

Any building used for the accommodation, reception or treatment of the aged or sick and for which a state license or approval is required.

OFFICE

A place for the transaction of business where reports are prepared, records kept and services rendered but where no retail sales are offered and where no manufacturing, assembly or fabricating takes place.

OFFICIAL COUNTY MAP

The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Somerset County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

A map adopted by ordinance pursuant to the Municipal Land Use Law.

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-SITE AND OFF-TRACT IMPROVEMENTS

Improvements made outside the lot in question or the original tract, respectively, to accommodate conditions generated inside the original tract as the result of the proposed development, which shall include, but not be limited to, installation of new improvements and extensions and modifications of existing improvements.

OFF-TRACT

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

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN LANDS

That portion of land, including any farm-related dwelling located thereon, that is voluntarily deed restricted by the landowner for agricultural use in order to qualify for the open lands ratio bonus pursuant to § 188-99.3G(2)(b) of this chapter.

[Added 12-30-2002 by Ord. No. 2002-48; amended 9-9-2003 by Ord. No. 2003-14]

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 areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.

PAD SITE

An area reserved for a freestanding building located within a shopping center.

[Added 7-10-2007 by Ord. No. 2007-25]

PARKING SPACE

An area for the parking of a motor vehicle which is sufficient to accommodate the exterior extremities of the vehicle, whether or not, in addition thereto, wheel blocks are installed within this area. 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.

PARTITION, MINOR

Same as "subdivision, minor."

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owner of the subject property and all owners of property and government agencies entitled to notice under Section 7.1 of the Municipal Land Use Law.[4]

PATIO HOUSE (zero lot line)

A detached dwelling or semidetached (sharing no common interior wall) dwellings located on the side lot line to offer one larger side yard rather than two smaller side yards if the building were sited toward the center of the lot.

PERFORMANCE GUARANTY

Any security which may be accepted by the Township, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16, P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.

[Amended 5-11-1993 by Ord. No. 93-11]

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PERSONAL SERVICE ESTABLISHMENTS

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel such as barber shops, beauty salons and spas, laundromats, personal laundry and dry-cleaning establishments, janitorial and domestic services, shoe repair, tailoring, psychic readers, tanning salons and massage facilities. These uses may also include accessory retail sales of products related to the services provided.

[Added 6-7-2010 by Ord. No. 2010-14]

PILOT PLANT

A facility used to test out concepts and ideas, to determine physical layouts, material flows, type of equipment required, and costs, and to secure other information prior to full-scale production.

[Added 3-10-2009 by Ord. No. 2009-10]

PIPELINE

Any conduit through which natural gas, petroleum, oxygen or other flammable or combustible products, or any of their products or by-products, which are considered potentially hazardous, is conveyed or intended to be conveyed. The definition of "pipeline" shall include compressor plants and other facilities integrated with pipeline operations.

[Added 9-13-2005 by Ord. No. 2005-31; amended 11-9-2005 by Ord. No. 2005-47]

PLANNED COMMERCIAL DEVELOPMENT

An area containing a minimum of 10 contiguous acres 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 residential and other uses incidental to the predominant use as may be permitted by this chapter.

PLANNED DEVELOPMENT

Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development. See §§ 188-73 and 188-110.

PLANNED INDUSTRIAL DEVELOPMENT

An area containing a minimum of 10 contiguous acres 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 this chapter.

PLANNED UNIT DEVELOPMENT

An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as may be specified in this chapter.

[Amended 5-11-1993 by Ord. No. 93-11]

PLANNED UNIT RESIDENTIAL DEVELOPMENT

An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.

[Amended 5-11-1993 by Ord. No. 93-11]

PLAT

A map or maps of a subdivision or site plan.

PLAZA or SQUARE

Public spaces located within the Township and its neighborhoods. A plaza or square may contain one or more civic building(s) or space located within a primarily unpaved, formally configured area which may contain a small public lawn or park. Portions may be linear in shape though a square, rectangle, circle or other usable shape, as appropriate, shall be the primary focus of the area. Plazas and squares should be surrounded by canopy street trees. These sites should be situated at prominent locations and are often dedicated to important events and/or citizens. Plazas and squares may contain water features, amphitheater, farmers market and in some appropriate instances, such as in conjunction with residential neighborhoods, may include limited play equipment and courts but shall not include ball fields.

[Added 7-10-2007 by Ord. No. 2007-25]

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to the Municipal Land Use Law prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, sale and relationship to its site and immediate environs.

PRELIMINARY PLAT

The plat submitted for consideration of preliminary approval.

PRINCIPAL USE

The main purpose for which any lot and/or building is used.

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

[Added 6-11-2024 by Ord. No. 2024-09]

PRIVATE RECREATION COMPLEX

Privately owned recreation facility which may include indoor and/or outdoor recreation areas, wellness programs and sports instructional activities and may include ancillary services, including day care, kid’s camps, pro shop and a snack bar.

[Added 6-24-2008 by Ord. No. 2008-20]

PRIVATE SCHOOL

An institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL

A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as the drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical and to lesson nonpoint pollution.

[Amended 5-11-1993 by Ord. No. 93-11]

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multi-family parking lots, etc.).

[Added 6-11-2024 by Ord. No. 2024-09]

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to the Township, municipal agency, Board of Education, state or county agency or other public body for recreational or conservational uses.

PUBLIC PURPOSE

The use of land by a township, county, state or federal agency or authority.

QUORUM

The majority of the full authorized membership of a municipal agency.

RADIO ANTENNA

A metallic device (as a rod or wire) for radiating or receiving radio waves.

REAR ALLEY

A vehicular street or driveway located to the rear of lots providing access to service areas and parking, and containing utility easements, as well as pedestrian access.

[Added 7-10-2007 by Ord. No. 2007-25]

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.

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

RETENTION BASIN

A deep basin built to contain stormwater runoff with provision to discharge excess water at precalculated rates. (See "detention basin.")

RIGHT-OF-WAY

The total width and length of a street, watercourse, drainage course, utility path or other way and within which all improvements, maintenance and rights of access are confined and which, for a street, includes cartways, curbs, sidewalks, bikeways and planting strips.

SEDIMENTATION

The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SERVICE LINE

A distribution line that transports natural gas from a common source of supply to a customer meter or the connection to a customer's piping, whichever is further downstream, or the connection to a customer's piping if there is no customer meter. The "customer meter" is the meter that measures the transfer of gas from an operator to a customer.

[Added 9-13-2005 by Ord. No. 2005-31; amended 11-9-2005 by Ord. No. 2005-47]

SERVICE STATION

Lands and buildings where motor fuel, lubricants, miscellaneous accessories and services for motor vehicles are dispensed, but where no vehicular painting and/or bodywork is done and where no junked or unregistered motor vehicles are kept or stored.

SETBACK LINE

A line drawn parallel to a street line or lot line and drawn through the point of the building nearest to the street line or lot line, beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on the adopted Master Plan.

SHARED PARKING

Joint utilization of a parking area for more than one use, either on-site or between nearby properties through a dedicated arrangement, in order to fulfill their individual parking requirements because their prime operational hours do not overlap.

[Added 7-10-2007 by Ord. No. 2007-25]

SHED

A freestanding accessory structure or building which does not exceed 200 square feet and is used primarily for storage purposes, excluding motor vehicles, and not designed to be served by heat, electricity or plumbing. The maximum height is 12 feet.

[Added 6-22-1993 by Ord. No. 93-21; amended 11-22-2011 by Ord. No. 2011-20]

SHOPPING CENTER

One or more buildings or parts thereof designed as a unit to be occupied by one or more business enterprises for the conduct of business and conducted as an integrated and cohesively planned development. A shopping center usually involves one or more anchor stores and one or more satellite stores in such an integrated and cohesively planned development. The mere existence of one or more business enterprises does not of itself constitute a shopping center.

SIGHT TRIANGLE

A triangular area abutting two intersecting streets where vision is unobstructed. The sight triangle is formed by the intersecting street side lines and a line connecting a point on each side line a set distance from the intersection.

SIGN

Any writing (including letter, word or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol or trademark), flag (including banner or pennant) or any other figure of similar character which is:

A structure or any part thereof or is attached to, painted on or in any other manner represented on a building or other structure.

Used to announce, direct attention to or advertise.

SIGN WITH INDIRECT ILLUMINATION

Visible from outside a building. A sign shall include writing, representation or other figure of similar character within a building only when illuminated and located in a window.

SIGN, ADVERTISING

A sign which directs attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.

SIGN AREA

The area defined by the frame or edge of a sign. Where there is no geometric frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.

SIGN, BUSINESS

An accessory sign which directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered upon the same lot.

SIGN, FLASHING

Any illuminated sign, whether stationary, revolving or rotating, which exhibits changing light or color effects other than those produced by revolution or rotation shall be deemed a flashing sign only if it exhibits sudden or marked changes in such light or color effects.

SIGN, ILLUMINATED

A sign designed to give forth any artificial light or reflect such light from an artificial source.

Any illuminated nonflashing sign whose illumination is derived entirely from an external artificial source and is so arranged that no direct rays of light are projected from such artificial source into residences or streets.

SILTATION BASIN

A facility designed to collect silt and eroded soil from a designated area.

SITE

The place where a significant event or pattern of events has occurred; may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a building, structure or object, whether in good repair or disrepair, if the location itself possesses historic, cultural or archaeological significance.

[Added 8-14-1990 by Ord. No. 90-15]

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, flood plains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to the Municipal Land Use Law.

SITE PLAN, MAJOR

All site plans not defined as minor or exempt.

SITE PLAN, MINOR

A site plan for a development or building alteration requiring less than 10 parking spaces as required in this chapter, containing less than 5,000 new or additional square feet of floor area and not having more than 50% lot coverage, provided that such site plan does not involve a planned development, any new street or the extension of any off-tract improvement which is to be prorated pursuant to Section 30 of the Municipal Land Use Law (N.J.S.A. 40:55D-42), and provided further that such site plan contains the information reasonably required in order to make an informed determination as to whether the requirements established in this chapter for approval of a minor site plan have been met.

SITE PLAN REVIEW

The examination of specific development plans for a lot.

SKETCH PLAT

The map of a proposed development of sufficient accuracy to be used for the purpose of discussion and classification.

SLOPE

The deviation of a surface from the horizontal, usually expressed in percent or degrees.

[Added 4-12-2005 by Ord. No. 2005-02]

SMALL WIND ENERGY SYSTEM

An energy system which converts wind energy by means of a rotor into electrical power for the primary purpose of meeting all or a part of a dwelling’s energy requirements. As used in these regulations, the primary application of a wind energy system is the conversion of wind by a machine with turbine apparatus (includes base, rotor blades, nacelle, tower, inverter, batteries or other component used in the system) capable of producing electricity by converting the kinetic energy of wind into electrical energy. The term does not include electrical distribution or transmission lines, or electrical substations. The term is limited to systems that have a nameplate capacity of 100 kilowatts or less; and should not exceed 120 feet in total height.

[Added 12-26-2007 by Ord. No. 2007-42]

SOLAR ENERGY SYSTEM

An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy to meet all or a significant part of a building's energy requirements. As used in this chapter, the primary application of a solar energy system is the conversion of solar radiation to either thermal energy to meet all or part of a building's heating and domestic hot water requirements or electricity to meet all or part of a building's electrical energy requirements. For the thermal system, the conversion is accomplished in the following manner: solar radiation is absorbed by a transport medium (usually water) and distributed to a point of use. The performance of each operation is maintained by automatic, manual or architectural controls. An auxiliary energy system is usually available both to supplement the output provided by the solar energy system and to provide for the total energy demand should the solar energy system become inoperable.

[Added 11-9-2005 by Ord. No. 2005-44]

STANDARDS OF PERFORMANCE

Standards adopted by ordinance pursuant to Section 52d of the Municipal Land Use Law,[5] regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township; or those required by applicable federal or state laws or other municipal ordinances.

STATIC BILLBOARD

A billboard which does not change its message or copy automatically, such as by electronic or mechanical means.

[Added 5-9-2023 by Ord. No. 2023-05]

STORY

That portion of a building comprised between one floor and another. A half story is between a floor and the roof with a height of not less than 7 1/2 feet of clear space above at least 1/3 of the floor area.

STREAM

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

[Added 4-12-2005 by Ord. No. 2005-02]

STREAM CORRIDOR

All areas as measured 150 feet in both directions from the top of the channel banks of a steam. If slopes greater than 10% or wetlands or wetland transition areas abut the outer boundary of the stream corridor, then the slope, wetland or wetland transition area should be included within the boundaries of the stream corridor area.

[Added 4-12-2005 by Ord. No. 2005-02]

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided in the Municipal Land Use Law; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET FURNITURE

Functional elements of the streetscape, including but not limited to benches, trash receptacles, planters, telephone booths, bus shelters, kiosks, signposts, streetlights and bollards.

[Added 7-10-2007 by Ord. No. 2007-25]

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 an adopted Master Plan or Official Map, or as required by this chapter, forming the dividing line between the street and the lot.

STREETSCAPE

The built and planted elements of a street which define its character, such as streetlights, street signs, street furniture, special paving, enclosing walls, fences and hedges and similar features, as well as the relationship of the buildings to the street.

[Added 7-10-2007 by Ord. No. 2007-25]

STRUCTURE

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

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. 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 agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and 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 this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map of this township. The term "subdivision" shall also include the term "resubdivision."

SWIMMING POOL

Facilities constructed above or below ground having a depth of more than two feet and/or a water surface of 100 square feet or more and designed and maintained for swimming purposes. The area of a swimming pool shall include all buildings, structures, equipment and appurtenances thereto.

TOTAL HEIGHT

The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

[Added 12-26-2007 by Ord. No. 2007-42]

TOWNHOUSE

One dwelling unit, developed as a single entity, in a line of three or more connected dwelling units having common interior walls, in which individual lots have a common or public open space as an appurtenance.

TRACT

An area of land comprised of one or more lots adjacent to one another having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by existing street(s) and still be considered one tract, provided that the frontages on both sides of the street are opposite one another for a sufficient distance to enable a convenient, safe street system from one side to the other. The land area of the existing streets shall not be included in calculating the area of the tract.

TRADITIONAL NEIGHBORHOOD

A traditional neighborhood incorporates design principles that produce compact, mixed-use, pedestrian-scaled communities.

[Added 7-10-2007 by Ord. No. 2007-25]

The following conventions are generally employed in the design of traditional neighborhoods:

(a)

The neighborhood is typically limited in area to that which can be traversed in a ten-to-fifteen-minute walk.

(b)

Residences, shops, workplaces and civic buildings are located within a ten-to-fifteen-minute walk from each other.

(c)

A well-defined and detailed system of interconnected streets serves the needs of the pedestrian and the car equally, providing multiple routes to all parts of the neighborhood.

(d)

Physically defined open spaces in the form of plazas, squares, and parks, in addition to finely detailed public streets, provide places for formal and informal social activity and recreation.

(e)

Private buildings form a clear edge, delineating the private from the public realm.

(f)

Civic buildings reinforce the identity of the neighborhood, providing places of assembly for social, cultural and religious activities.