The long title of this chapter is: "A comprehensive ordinance
regulating and limiting the uses of land and the uses and locations
of buildings and structures; regulating and restricting the height
and bulk of buildings and structures and determining the area of yards
and other open spaces; regulating and restricting the density of population;
dividing the Township of Hamilton into districts for such purposes;
adopting a map of said Township showing boundaries and the classification
of such districts; establishing rules, regulations and standards governing
the subdivision of land within the Township; establishing a Planning
Board and a Zoning Board of Adjustment and establishing fees for applications
thereto; and prescribing penalties for the violation of its provisions."
The short form by which this chapter may be known shall be the
"Land Development Ordinance of the Township of Hamilton."
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals
and general welfare, and in furtherance of the following related and
more specific objectives:
A.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
B.
To provide adequate light, air and open space.
C.
To ensure that the development of the Township of Hamilton does not
conflict with the development and general welfare of neighboring municipalities,
the county and the state as a whole.
D.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons
and neighborhoods and the preservation of the environment.
E.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
F.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens.
G.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight.
H.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
I.
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources in the state
and to prevent urban sprawl and degradation of the environment through
improper use of land.
J.
To encourage construction of senior citizen housing consistent with
provisions permitting other residential uses of a similar density
in the same zoning district.
K.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land.
L.
To encourage planned unit developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular
site.
M.
To promote utilization of renewable energy resources.
N.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the state recycling plan goals and to complement
municipal recycling programs.
O.
To encourage municipal action to guide the appropriate use of development
of all land in this state in a manner which will promote the public
health, safety, morals and general welfare.
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed or required by this chapter, the provisions of such
other laws, rules, regulations or restrictions shall control.
All uses not expressly permitted in this chapter are prohibited.
[Amended 1-20-1993 by Ord. No. 93-008]
A.
All applicable requirements shall be met at the time of erection,
enlargement, alteration, moving or change in use of the principal
use and shall apply to the entire structure or structures, whether
or not the entire structure or structures were involved in the erection,
enlargement, alteration, moving or change in use.
B.
Expiration of variances, special use permits, and conditional use
approvals.
(1)
Variances, special use permits, and conditional use approvals associated
with subdivision and/or site plan approval shall have expiration dates
which coincide with the expiration date of the subdivision and/or
site plan approval, as prescribed by the Municipal Land Use Law, P.L.
1975, c. 291, compiled as N.J.S.A. 40:55D-1 et seq.
(2)
All other variances and/or conditional use approvals not referenced in Subsection B(1) above shall expire within two years of the publication of their approval by either the Zoning Board of Adjustment or the Planning Board unless the applicant has successfully fulfilled all conditions imposed by the Zoning Board of Adjustment or Planning Board and obtained a certificate of occupancy from the Township. The Zoning Board of Adjustment or Planning Board may grant one extension, not to exceed one year in time, for the expiration of a variance and/or a conditional use approval.
[Amended 1-20-1993 by Ord. No. 93-008; 8-18-1993 by Ord. No.
93-041; 7-21-1994 by Ord. No. 94-033; 11-2-1994 by Ord. No.
94-048; 12-21-1994 by Ord. No. 94-058; 2-21-1996 by Ord. No.
96-017; 9-18-1996 by Ord. No. 96-042; 2-5-1997 by Ord. No.
97-005; 6-18-1997 by Ord. No. 97-015; 9-16-1998 by Ord. No.
98-035; 4-7-1999 by Ord. No. 99-009; 3-16-2005 by Ord. No.
05-007; 11-4-2005 by Ord. No. 05-025; 11-18-2008 by Ord. No.
08-070; 5-18-2011 by Ord. No. 11-018; 12-21-2011 by Ord. No.
11-043; 4-7-2020 by Ord. No. 20-015]
For the purposes of this chapter, certain phrases and words
used herein are defined as follows. Words used in the present tense
include the future; words used in the singular number include the
plural number and vice versa; the word "used" shall include "arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used"; the word "lot" includes the words "plot," "premises"
and "tract"; the word "building" includes the words "structure," "dwelling"
or "residence"; the word "shall" is mandatory and not discretionary.
Any word or term not defined herein shall be used with a meaning of
standard usage. Moreover, whenever a term is used in the chapter which
is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to
have the meaning as defined in N.J.S.A. 40:55D-1 et seq., unless specifically
defined to the contrary in this chapter.
A water-filled enclosure located above the level of the surrounding
land, having a depth of more than 24 inches.
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins a lot or parcel of
land submitted for subdivision or site plan approval.
Added pavement width at an intersection or other point of
access to a public or private street, designed to enable vehicles
entering the roadway to attain a speed which will allow entering vehicles
to merge safely with through traffic.
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith. An
accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building.
The Director of Community and Economic Development of the
Township of Hamilton, Mercer County, New Jersey.
Conditions or situations, including but not limited to the
following examples, creating, imposing, aggravating or leading to
impractical, unsafe or unsatisfactory conditions on a subdivided property
or off-tract property, such as, but not limited to, improper circulation
and drainage rights-of-way as defined in N.J.S.A. 40:55D-4, as amended;
inadequate drainage facilities; insufficient street widths; unsuitable
street grades; unsuitable street locations to accommodate prospective
traffic or coordinate and compose a convenient system; locating lots
in a manner not adaptable for the intended purposes without danger
to health or peril from flood, fire, erosion or other menace; providing
for lots of insufficient size and neither providing nor making future
allowances for access to the interior portion of the lot or for other
facilities required by this chapter.
The most recent aerial map of the subject area as supplied
by the Delaware Valley Regional Planning Commission (DVRPC), Mercer
County or Hamilton Township.
A dwelling unit in a planned retirement development which
is unrestricted except as to an age requirement for occupancy.
Any change in or additions to the supporting members of a
building, such as walls, columns, beams, girders, posts or piers,
or an enlargement, whether by extension of a side or by increasing
in height, or by moving from one location or position to another.
The arrangement of wires or metal rods used in the sending
and receiving of electromagnetic waves.
A radio station operated in the amateur radio service under
license by the Federal Communications Commission.
The major store or stores within a planned commercial development
which draws customers and thereby generates business for surrounding
stores.
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an antenna or antennas for the purpose of transmission
or reception of electromagnetic waves by federally licensed amateur
radio operators.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
A developer submitting an application for development.
The application or appeal forms and all accompanying documents
required by this chapter for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
Accompanying documents required by this chapter for approval means
all of the information required within the relevant development application
checklists, which are adopted by ordinance, unless waivers for such
information have been granted by the board having jurisdiction.
The Planning Board of the Township of Hamilton, unless a
different agency is designated herein, when acting pursuant to this
chapter.
The Primary Metropolitan Statistical Area (PMSA), as defined
by the United States Department of Housing and Urban Development,
within which the Township of Hamilton is located.
An art center devoted to a variety of potential art-related
uses and activities; a museum; a sculpture park; an amphitheater;
a fine arts foundry; a technical school for sculpture; a restaurant;
a cafe; catering; offices; museum and gallery shops; art studios;
visiting artist housing; educational workshops and seminars; performing
arts facilities; poetry readings; motion-picture-production facilities;
community-oriented art classes and events; the hosting of sculpture
conferences; retail/wholesale sculpture products and tools; technical
research facilities, as well as other incidental uses related to art
or the creation or display of art, and maintaining the premises and
facilities appropriate to such facilities.
A unit in an assisted living or congregate care facility
which is licensed by the New Jersey State Department of Health to
provide apartment-style housing and congregate dining and at least
minimum health services when needed. Such units shall offer, at a
minimum, one unfurnished room, a private bathroom, a lockable door
on the unit entrance, and a kitchenette and, at a maximum, two bedrooms,
two baths, living room, dining area and a kitchen. Assisted living
or congregate care is a level of care between nursing care and independent
living and includes a coordinated array of supportive personnel and
health services, available 24 hours per day, to residents who have
been assessed to need such services. Assisted living or congregate
care is intended to promote resident self-direction and participation
in decisions that emphasize independence, individuality, privacy,
dignity and homelike surroundings. A dedicated infirmary or nursing
home component may be included in the facility.
Any premises used for supplying gasoline and oil, tires,
accessories and services for automobiles at retail direct to the motorist
consumer, including the making of minor repairs, but not including
major repairs or spray painting, body, fender and frame repairs, or
complete recapping or retreading of tires.
An open area, other than a street or way, used for the display
or sale of new or used automobiles or trailers and where minor and
incidental repair work (other than body and fender) may be done.
To back machines such as bulldozers over ridges with their
blades down so as to obtain finer grades.
The material used to refill a ditch or other excavation or
the process of doing so.
A portion of a building having more than 50% of its clear
height below the average finished contact grade along the outside
walls of the building.
A room planned or used primarily for sleeping.
The Planning Board, Zoning Board of Adjustment or other appointed
board or commission.
A building or portion thereof, other than a hotel or motel,
containing not more than one dwelling unit, where meals and/or lodging
are provided for three or more persons in addition to the family unit,
for a valuable consideration.
Any holder of a restricted brewery license as established
and defined under N.J.S.A. 33:1-10 or its successor statute.
[Added 11-21-2017 by Ord.
No. 17-041]
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, street or other obstacle or depression.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The square footage or other area measurement by which all
buildings and accessory buildings occupy a lot as measured on a horizontal
plane around the periphery of the facades and including the area under
the roof of any structure supported by columns but not having walls,
as measured around the outside of the outermost extremities of the
roof above the columns. "Building coverage," for the purpose of this
chapter, shall not be deemed to include the water surface area of
a swimming pool.
The vertical distance measured to the mean highest point
from the mean elevation of the finished grade at the foundation along
the side(s) of the building or structure facing a street or to the
street line, whichever is closer to the foundation. On a corner lot,
the height shall be measured on the street having the greatest slope.
In all cases where this chapter provides for height limitations by
reference to a specified height and a specified number of stories,
the intent is to limit the height to the specified maximum footage
and the specified number of stories within said footage. Structures
on the roof housing mechanical apparatus which services the building
are not included in height calculations if they are less than 10 feet
in height and occupy less than 30% of the roof area and are adequately
screened or complement the facades of the front, rear or side elevations.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface. All yard requirements are measured to the "building line."
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any one or more of the following, other than a hospital,
place of detention or school offering general instructions:
Type 1: Any area of land or water on which are located two or
more cabins or tents of a design or a character suitable for seasonal
living purposes, regardless of whether such structures are actually
occupied seasonally or otherwise.
Type 2: Any land, including any building thereon, used for any
assembly of persons for what is commonly known as "day camp" purposes;
and any of the foregoing establishments, whether or not operated for
profit and whether or not occupied by adults or by children, either
as individuals, families or groups.
A self-propelled, vehicular structure, built as one unit on
a chassis and designed for temporary living for travel, recreation,
vacation or other short-term uses, which may contain cooking, sleeping
and sanitary facilities.
An immobile structure containing cooking and sleeping facilities
for travel, recreation, vacation or other short-term use and designed
to be attached to the body of another vehicle for transporting from
one location to another.
A portable, vehicular structure built on a chassis, designed
for camping, the body of which is basically rectangular with a flat
top not more than four feet above the surface of the ground. The camper
is designed to have a temporary tent erected above the four-foot level
for camping activities.
A portable structure built on a chassis, designed for towing
and as a temporary dwelling for travel, recreation, vacation and other
short-term uses, and having an outside body width not exceeding eight
feet and a length not exceeding 30 feet, and which may contain cooking,
sleeping and sanitary facilities.
A governmental acquisition of real property, major construction
projects and improvement projects.
Any structure or portion of a building or structure, other
than an attached or detached garage, used for the shelter of self-propelled
vehicles. A "carport" shall be considered as part of the main building.
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.
A portion of a building having more than 50% of its clear
height below the average finished contact grade along the outside
walls of the building.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, crematories,
mausoleums and mortuaries when operating in conjunction with and within
the boundaries of such cemeteries. The words "columbariums," "crematories"
and "mausoleums" are defined by reference to N.J.S.A. 45:27-2. The
word "public mausoleum" shall be defined as any mausoleum containing
six or more crypts.[1]
The bed and banks of the watercourses located within the
boundaries of the Township of Hamilton which convey the normal flow
of said watercourses most of the time.
A private establishment for the care of four or more children
between 2 1/2 and five years of age, regardless of whether any
tuition fee, board or other form of compensation is charged.
A building dedicated exclusively to the spiritual worship
of a higher being or higher moral authority and specifically excludes
schools for religious or secular education; housing such as a convent
or parsonage for teachers, communicants and domestic or maintenance
employees; business offices (except for administrative offices incidental
to the operation of the particular use); rescue missions or the occasional
use for religious purposes of properties not regularly so used; recreation
activities or sporting events as well as social events, including
such things as bingos, wedding receptions and similar type events.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, tower airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
A building or portion thereof on premises owned or operated
by a corporation, association or person for a civic, social, cultural,
religious, literary, political, educational or recreational purpose,
but not primarily for profit or to render a service which is customarily
carried on as a business, and not including shooting clubs operated
for the benefit of their members and not open to the general public.
An open space area with or related to a site designated as
a development and designed and intended for the use and enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon, designed
and intended for the ownership, use and enjoyment of and shared by
the residents and owners of the development. "Common property" may
contain such complementary structures and improvements as are necessary
and appropriate for the benefit of the residents and owners of the
development. Such property may be owned by a homeowners' association,
condominium regime or other duly constituted organization.
A public, quasi-public or privately maintained institution
devoted to a variety of group activities, civic, social, recreational,
educational and/or cultural, and maintaining the premises and facilities
appropriate to such activities; provided, however, that the premises
shall not include living quarters for persons other than those engaged
in the conduct and/or maintenance of the institution.
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 development ordinances and upon the issuance of
an authorization therefor by the Planning Board.
Plans on file in the Division of Engineering which pertain
to the design, construction and installation of all improvements to
the land created by development, i.e., paving (concrete and bituminous),
sanitary and storm sewers and intersection design. Construction details
are hereby incorporated into this chapter as design standards.
A qualified person appointed by the municipal appointing
authority to enforce and administer the regulations of the Uniform
Construction Code.
Development other than residential clusters, planned neighborhoods
or planned communities.
A lot or parcel of land abutting upon two or more streets
(public or private) at their intersections.
[Added 6-18-2024 by Ord.
No. 24-026]
A composite of the master plan for the physical development
of the county in which the Township is located with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
An open, unoccupied and unobstructed space on a lot, other
than a yard, street or way, bounded by two or more sides of a building,
including a similar area fully open to the sky but not necessarily
beginning at the ground level.
Any holder of a limited brewery license as established and
defined under N.J.S.A. 33:1-10 or its successor statute.
[Added 11-21-2017 by Ord.
No. 17-041]
Any holder of a craft distillery license as established and
defined under N.J.S.A. 33:1-10 or its successor statute.
[Added 11-21-2017 by Ord.
No. 17-041]
A structure having a bottom designed to convey a watercourse
under a driveway, road, railroad or pedestrian walk and not incorporated
in a closed drainage system.
The officially established grade of the curb in front of
the midpoint of the lot.
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for a portion of a twenty-four-hour
day.
[Added 5-6-2014 by Ord.
No. 14-025]
Calendar days.
The nonbiodegradable remains of something broken down or
destroyed.
Added pavement width at an intersection or other point of
access from a public or private road, designed to enable vehicles
leaving the street or roadway to make the necessary reduction in speed
without interfering with the free movement of through traffic.
A dedication of and acceptance by the Township or county
of land for the installation of utilities, construction, widening,
repairing, maintaining or improving said road and for the construction,
reconstruction or alteration of facilities related to the safety,
convenience or carrying capacity of said road, including curbing,
pedestrian walkways, drainage facilities and traffic control devices
and other public purposes.
The permitted number of dwelling units per gross area of
land to be developed.
The total number of dwelling units for a given tract of land
divided by the number of acres in the tract, excluding primary and
secondary residential streets and parking areas built in conjunction
with the development and recreational areas, open space and other
lands set aside for public use.
The total number of dwelling units for a given tract of land
divided by the number of acres in the tract, including primary and
secondary residential streets and parking areas built in conjunction
with the development and recreational areas, open space, commercial
and industrial properties and other lands set aside for public use.
The relative size or magnitude of a flood, expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria, represents a major flood of reasonable expectancy,
reflects both flood experience and flood potential, and is the basis
of the delineation of the floodway and the flood hazard area and of
the water surface elevation thereof.
The elevations of the water surface of the floodway design
flood and the flood hazard area design flood as shown on the flood
maps.
A structure designed and maintained to temporarily hold back
the additional runoff attributed to the development of land. The design
of such structures must receive approval from the Mercer County and
Hamilton Township engineering departments.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other persons having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels; the
construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or other structure; any mining, excavation
or landfill; and any use or change in the use of any building or other
structure or land or extension of the use of land, for which permission
may be required pursuant to this chapter.
Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations located
within the area of the special flood hazard.
The schedule of dates denoting Planning Board and Zoning
Board of Adjustment meetings. The calendar may also include periods
of time in which applications for development shall be submitted and
any other dates relevant to the development review process.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance, flood damage prevention ordinance and any
other Township regulation of the use and development of land, or amendment
thereto.
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.
A means of access for vehicles to and from a property to
a roadway.
A surface adequately covered with a concrete, bituminous
product or surface-treated macadam, properly drained and maintained
in good condition at all times. Precast concrete blocks which allow
grass to grow through may also be considered a "dust-free surface."
The ratio between the aggregate number of dwelling units
and portion of the lot or development area used exclusively for the
dwelling units (including all private lands and parking areas, but
excluding accessways and common open space).
SEMIDETACHED TWO-FAMILYA freestanding building on one lot, serving two families, with one wall of an attached garage located on a side property line. The garage building wall located on the property line will serve as a common wall for an adjacent attached garage on the adjoining lot.
SINGLE-FAMILY ZERO-LOT LINEA freestanding detached building on one lot, or within a lot held in common ownership, serving one family, with one wall of the building located on or within five feet of a side property line. Side, rear or front yards may be enclosed to form common walled, open courtyards, or patios for each dwelling.
SEMIDETACHED ZERO-LOT LINEA freestanding building on one lot, serving one family, with one wall of an attached garage located on or within five feet of a side property line. The garage building wall located on the property line will serve as a common wall for an adjacent attached garage on the adjoining lot.
MULTIFAMILYA building or portion thereof used or designed as a residence for three or more dwelling units.
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the public, a corporation or particular
persons for specific uses.
A college or university giving general academic instructions
as prescribed by the State of New Jersey. Included within this term
are areas or structures used for administration, housing of students
or faculty, dining halls and social or athletic activities, when located
on the institution's land that is not detached by more than a street
and/or other property owned by the institution from that portion of
the campus where classroom facilities are maintained.
An electrically activated changeable sign whose variable
message and/or graphic presentation capability can be electronically
programmed by computer from a remote location. EMCs typically use
light-emitting diodes (LEDs) as a lighting source.
[Added 7-15-2014 by Ord.
No. 14-045]
A private or nonprivate organization which is not organized
or operated for the purpose of carrying on a trade or business and
no part of the net earnings of which are for the benefit of any member
of said organization or individual.
A Township advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
One or more persons occupying a dwelling unit as a nonprofit
single housekeeping unit, living together as a stable living unit
under a common housekeeping management plan based on an intentionally
structured relationship which contemplates permanency and provides
organization and structure.
PRINCIPAL USESA lot with at least five acres used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce, excepting that commercial piggeries are prohibited.
ACCESSORY USESBuildings incidental to farms, such as barns and packing, grading and storage buildings for produce raised on the premises, except that no processing of produce shall be permitted; buildings for keeping of poultry and permitted livestock; garages for the keeping of equipment and trucks used in farm operations; and one identification sign not exceeding 15 square feet in area and set back at least 10 feet from all street and property lines.
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state for consumption, either within the restaurant building or for
carryout with consumption on or off the premises, and whose design
or method of operation may include the following characteristics:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers.
A limited or specialized list of quickly prepared or preprepared
food items, utilizing mechanized standardized preparation and packaging
techniques, is offered for consumption on and off the premises.
Drive-in or outside ordering and service via a separate drive-in
lane, call box and delivery window.
No waitress table service.
The process of depositing sand, gravel, soil or other materials
of any composition.
The official action of the Planning Board and/or the Zoning
Board of Adjustment taken on a preliminary approved major subdivision
or site plan after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guaranties properly posted for their completion
or approval conditioned upon the posting of such guaranties.
A public purpose for the storage of firefighting equipment,
location of administrative offices and other facilities for use by
members of the fire company, which are permitted in all zoning districts
in accordance with Master Plan provisions and all of the provisions
of this chapter.
A public use for the storage of the rescue squad equipment,
location of administrative offices and other facilities for use by
the members of the rescue squad, which are permitted in all zoning
districts in accordance with Master Plan provisions and all other
provisions of this chapter.
A general and temporary condition of partial or complete
inundation of normally dry areas from:
The relative size or magnitude of a flood expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria representing a flood having a 0.2% chance of being
equaled or exceeded in any given year. This reflects both flood experience
and flood potential and is the basis of the delineation of the floodway,
the flood hazard area and the water surface elevation thereof.
A determination of the water surface elevations of the design
flood, that is, the flood level that has a 0.2% or greater chance
of occurrence in any given year.
The portion of the flood hazard area outside of the floodway.
A request for a review of the Township Engineer's interpretation
of any provision of this chapter or a request for a variance from
the Planning Board.
The land in the floodplain subject to a 0.2% or greater chance
of flood in any given year.
An official map of the Township in which the boundaries of
the flood area having special hazards have been designated.
An official map of the Township on which has been delineated
the special flood hazard areas in the Township for flood insurance
purposes.
The relatively flat area adjoining the channel which has
been or may be covered by floodwater of the watercourse.
Any zoning ordinance, subdivision regulation, site plan ordinance,
building code or health regulation and any special purpose ordinances.
The term describes such state or local regulations, in any combination
thereof, which provide standards for the purpose of flood damage prevention
and reduction.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the design
flood without cumulatively increasing the water surface elevation
more than one foot.
Measured by using the outside dimensions of a residential
portion of a building, excluding the area of an attached garage. For
a split-level or a tri-level dwelling, the area shall be considered
to be the sum of the areas of the two largest adjoining levels.
The sum of the gross horizontal areas of the several floors
of the building or buildings measured from the exterior facing of
exterior walls or from the center line of walls separating two buildings.
Only those floor areas which have a ceiling height as prescribed by
the Township Building Code for residential uses and those floor areas
either having a ceiling height of eight feet or more or used for storage
space in nonresidential uses shall be included in the gross floor
area.
The aggregate habitable floor area of all floors used for
residential dwelling purposes within outer walls of a building or
of a part of a building separated from all other parts by walls extending
from floor to ceiling without openings therein, excluding basements
not used for living purposes, cellars, rooms for heating equipment,
garages and unenclosed porches, breezeways and other unheated areas,
and including only such floor area under a sloping ceiling for which
the headroom is not less than five feet six inches, and then only
if at least 75% of such floor area has a ceiling height of not less
than seven feet six inches; and, if any such floor that is situated
above another story has access to the floor below by a permanent built-in
stairway, such floor area shall be measured from the inside of each
exterior wall, and the thickness of each partition wall shall be excluded
from the total.
The gross floor area, in square feet, of a building or group
of buildings on a lot divided by the area, in square feet, of the
lot. By way of example, a floor area ratio of 0.2 would permit 43,560
square feet x 0.2 = 8,712 square feet of building area to be built
on a parcel.
Establishments primarily engaged in undertaking the transportation
of goods from shippers to receivers. This use may also include making
use of services of other transportation establishments as instrumentalities
in effecting delivery. This use shall not include the servicing or
maintenance of any vehicle.
All tidal and nontidal waters having a salinity, due to natural
sources, of less than or equal to 3.5 parts per thousand.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation; provided, however, that the New Jersey
Department of Environmental Protection, in designating a wetland,
shall use the three-parameter approach (that is, hydrology, soils
and vegetation) enumerated in the April 1, 1987, interim-final draft
Wetland Identification and Delineation Manual developed by the United
States Environmental Protection Agency, and any subsequent amendments
thereto.
All the property on one side of a street between lot lines
or between intersecting or intercepting streets or between a street
and railroad right-of-way, waterway and/or dead-end street or city
boundary measured along the street line. An intercepting street shall
determine only the boundary of the frontage on the side of the street
which it intercepts.
A garage used exclusively for the parking of automobiles
by residents of the neighborhood, customers or persons engaged in
the conduct of establishments in the immediate vicinity of its location
or by those for whom such establishments are conducted.
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of occupants of
the main building, and wherein not more than one space is rented to
persons not residents of the lot or not more than one commercial vehicle,
not to exceed one-ton rated capacity or four wheels, is parked or
stored.
A building used for the care, repair or equipping of vehicles
or where such vehicles are parked or stored for remuneration or hire.
Solid waste or animal or vegetable matter from houses, kitchens,
restaurants, hotels, produce markets or any other source of food of
any kind to be thrown away.
A comprehensive plan for the development of a planned development, as provided in § 550-228.
A tract of land containing a full-size, professional golf
course at least 18 holes in length, together with appropriate accessory
uses and structures, such as clubhouses, dining and refreshment facilities,
driving ranges and miniature golf courses, swimming pools, tennis
courts and the like, provided that the operation of such are incident
and subordinate to the operation of the golf course.
A tract of land containing golf tees, whether elevated or
at grade, for the practice of driving golf balls into an open field
of adequate depth and width. Accessory uses and structures such as
clubhouses, dining and refreshment areas, miniature golf, swimming
pools, batting cages, tennis courts and the like are permitted, provided
that the operation of such is incidental and subordinate to the operation
of the golf driving range.
The Council of the Township of Hamilton.
The average finished grade elevation adjoining a building
at project completion or the slope of a road, path, driveway, swale
or other surface.
The elevation of the center line of streets as officially
established by Township, county or state authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs related thereto.
Any stripping, cutting, filling, stockpiling or any combination
thereof and shall include the land in its cut or fill position.
A solar or photovoltaic facility mounted on open land.
Any floor, including the basement, usable for living purposes,
which includes working, sleeping, eating, cooking or recreation, or
a combination thereof. A floor used only for storage purposes is not
a habitable floor.
A room or other enclosed floor space located in a basement
or first or upper story of a dwelling, arranged for living, recreation,
eating or sleeping purposes.
A nonresidential facility or institution, whether public
or private, principally engaged in providing services for health maintenance
and the treatment of mental or physical conditions. Health care facilities
include general or special hospitals, public health centers, diagnostic
centers, treatment centers, rehabilitation centers, outpatient clinics
and dispensaries. They may include laundries, cafeterias, gift shops,
laboratories and medical offices as accessory uses.
Health care facilities as well as establishments providing
support to the medical profession and patients, such as medical and
dental laboratories, blood banks, oxygen, and miscellaneous types
of medical supplies and services.
Any area used for the taking off or landing of helicopters
for the purpose of picking up and discharging of passengers or cargo.
The use does not include fueling, maintenance or service facilities.
[Added 5-6-2014 by Ord.
No. 14-025]
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation, and which has been so designated.
A lawful activity carried out for profit, conducted as an
accessory use by a resident in the resident's dwelling unit. For purposes
of this definition, a lawyer's office or medical or dental office
shall not be included as a home occupation.
An institution or facility engaged primarily in the diagnosis
and treatment of human illness, injury, diseases, pain, deformity
or physical condition, where emergency, surgical, obstetrical, convalescent,
and other medical and nursing care is rendered to two or more nonrelated
individuals on both an inpatient basis with overnight stays for periods
exceeding 24 hours and an outpatient basis, delivered at or through
facilities located on a single parcel or contiguous parcels of land.
Assisted living, congregate care, and nursing or convalescent home
facilities may be considered to be permitted ancillary uses.
The term "hospital" shall not include those elements of the
institution or facility which have been or are intended to be conveyed,
leased or otherwise utilized by entities or persons providing services
not ancillary or incident to those hospital activities designated
hereinbefore.
A building designed for occupancy primarily as a temporary
abode of individuals, with or without meals, in which:
There are more than 100 sleeping rooms.
[Amended 6-18-2024 by Ord. No. 24-026]
Incidental business may be conducted.
There may be club rooms, ballrooms and common dining facilities.
Such hotel services as maid, telephone and postal services are
provided.
Access to the rooms is restricted to passage by a single control
desk or lobby.
A self-contained unit for an older adult or adults who are
capable of caring for themselves but for whom dining, social and health-related
services are provided within the development through contractual arrangements
with the owner/manager, either as a complete package or on an a la
carte basis.
A private establishment for the care of four or more infants
under the age of 2 1/2 years or children requiring constant attention
in carrying out normal daily functions.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 12 inches below the level of the surrounding
land at any single point.
A nonprofit, religious or public purpose use, such as a church,
cathedral or temple, library, school, educational institution, eleemosynary
or philanthropic institution, or government-owned or -operated building,
structure or land used for public purposes.
In a criminal or quasi-criminal proceeding, any citizen of the
state.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter or whose rights to use, acquire or enjoy property under this
chapter or under any other law of this state or of the United States
have been denied, violated or infringed upon by an action or a failure
to act under this chapter.
A small structure used for noncommercial purposes for the
benefit of the public, such as bus stops, community information centers,
etc.
Any ground, soil or earth whatsoever regarded as the subject
of ownership and everything annexed to it, whether it be by nature,
as trees, water, etc., or by man, such as buildings, fences, etc.,
extending indefinitely vertically, upwards and downwards. "Land" includes
improvements and fixtures on, above or below the surface.
Any activity involving clearing, grading, transporting, filling
or other activity which causes land to be exposed to the danger of
erosion.
An off-street space or berth abutting upon a street or other
appropriate means of access intended for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials,
which space or berth is not less than 10 feet in width and sufficient
in length to ensure that no vehicle using the space shall extend beyond
a property line, but in no case less than 25 feet in length.
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours to two or more patients who are not
related to the governing authority or its members by marriage, blood
or adoption. Long-term-care facility shall include the terms "skilled
nursing facility" and "intermediate care facility."
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.
The total area within the lot lines of a lot, expressed in
terms of square feet or acres. Any portion of a lot in a public right-of-way,
existing or proposed, shall not be included in calculating lot area.
A parcel of land at the junction of two or more intersecting
streets. Regardless of building orientation, no structure shall be
set back closer to the street than the minimum front yard setback
in the zone district. The front shall be deemed to be the commonly
accepted address.
The average distance between the front and rear lot lines
measured in the mean direction of the side lot lines.
The horizontal distance between side lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width, except that, on curved alignments with an outside radius
of less than 500 feet, the minimum distance between the side lot lines
measured at the street line shall not be less than 75% of the required
minimum lot width.
A lot other than a corner lot.
A line separating the lot from the street. In the case of
a corner lot there shall be two front lot lines.
A lot line which is opposite and most distant from the front
lot line, and in the case of an irregularly shaped lot, the line which
is most nearly parallel to and at the greatest average distance from
the street line. In the case of a corner lot, the line which is most
nearly parallel to and at the greatest average distance from the front
of the structure.
Any lot boundary line not a front lot line or a rear lot
line.
A corner lot, the rear of which abuts upon the side of another
lot.
A residential development option that allows a range of minimum
lot areas, provided that the maximum density for the parcel is not
exceeded.
A lot having frontage on two streets.
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line. Where side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than 75% of the minimum lot frontage for the zoning district
in which the lot is located.
Households whose incomes do not exceed 50% of the median
income of the area, with adjustments for smaller and larger households.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by the Municipal Land
Use Law, including but not limited to surety bonds, letters of credit
under the circumstances specified in Section 16 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.5), and cash.[2]
Any site plan involving more than 10 acres.
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Act, N.J.S.A. 40:55D-1 et
seq.
The aggregate of building coverage and all paved surfaces
which cover the gross area of a lot. By way of example, a fifty-five-percent
maximum impervious surface would permit 43,560 square feet x 55% =
22,958 square feet of site area to be covered by impervious surfaces.
Plazas, fountains, bicycle paths and other public amenities associated
with buildings located in the NC, CC, HC, GSC, REO-4, REO-5, RD, MFG
and I Zones shall not be considered paved surfaces. In the PRDO and
PRD Zones only, the use of permeable pavers, as described in Chapter
9.7 of the New Jersey Stormwater Best Management Practices Manual,
will be given a fifty-percent credit toward maximum impervious surface.
A building that contains establishments dispensing health
services for nonresidents.
A structure containing six stories or less and not exceeding
70 feet in height.
A process involving the removal of sand, clay, soil, gravel,
humus, peat and other organic or mineral materials. "Mining" is not
permitted in any zone district.
A site plan involving 10 acres or less.
Households whose incomes are no greater than 80% and no less
than 50% of the median income of the area, with adjustments for smaller
and larger households.
One or more structures designed for the renting of sleeping
rooms to transient guests, chiefly motorists, and so laid out that
there is direct and immediate access from a parked automobile to the
rooms, and access to the rooms is not restricted to passage by a single
control desk or lobby.
A building or area in which trucks, including tractor or
trailer units, are parked, stored and serviced, including the transfer
and loading or unloading of goods, and associated offices. A terminal
may include private warehousing, repair and service. Repair and servicing
shall only be done on their own fleets.
A municipal planning board or zoning board of adjustment
or governing body of a municipality, when acting pursuant to this
chapter, and any agency which is created by or responsible to one
or more municipalities, when such agency is acting pursuant to this
chapter.
The area of a tract or parcel that does not contain conservation
easements or deed restrictions imposed as a condition of subdivision
or site plan approval, bodies of water, areas of floodplains, wetlands
and NJDEP-regulated wetland transitional area and area of slope greater
than 15%.
Structures for which start of construction commenced on or
after the effective date of this chapter.
The flood having a 0.2% chance of being equaled or exceeded
in any given year (design flood).
A building, structure or sign, 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 reasons of such adoption,
revision or amendment.[3]
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.[4]
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 reasons of such adoption, revision or amendment.[5]
An offensive, annoying, unpleasant or obnoxious thing or
practice; a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights, including
the actual or potential emanation of any physical characteristics
of activity or use across a property line which can be perceived by
or affects a human being; or the generation of an excessive or concentrated
movement of people or things, such as but not limited to noise, dust,
smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat,
debris, litter, trash sites, electronic or atomic radiation, effluent,
noise of congregation of people especially at night, passenger traffic,
transportation of things by truck, rail or other means, invasion of
nonabutting street frontage by parking; the obscuring or masking of
adjacent or nearby property by projecting signs, marquees or canopies;
or any adverse effect on value or desirability of nearby property
caused by such matters as appearance, exposed storage of inoperable
automobiles, junk, materials and neglect or dilapidation of lands
or buildings.
Any dwelling where persons are housed or lodged or furnished
with meals and where nursing care is for hire.
A bed in a nursing home that is licensed by the New Jersey
State Department of Health to provide health care under medical supervision
and continuous nursing care to patients who do not require the degree
of care and treatment which a hospital provides and who, because of
their physical or mental condition, require continuous nursing care
and services above the level of room and board.
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.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
That portion of land, including any farm-related dwelling
or accessory buildings located thereon, that is voluntarily deed-restricted
by the landowner for forest resource conservation or agricultural
use in order to qualify for open lands subdivision pursuant to this
chapter.
Any space or area characterized by natural scenic beauty
or whose existing openness, natural condition or present state of
use, if retained, would enhance the present or potential value of
abutting or surrounding development or would maintain or enhance the
conservation of natural or scenic resources. "Open space" includes
areas set aside for public use and enjoyment and also includes areas
of historic significance.
An incorporated, nonprofit organization which may operate
in a planned development under a recorded land agreement through which:
Each owner is automatically a member.
Each occupied dwelling unit is automatically subject to a charge
for a proportionate share of the expenses for the organization's activities
and maintenance, including any maintenance costs levied against the
association by the Township.
Each owner and tenant has the right to use the common property.
Any portion of open space which can be used for active recreational
pursuits.
An area other than a street used for the parking of motor
vehicles.
An area not less than nine feet wide by 20 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for detached dwelling units from being considered off-street parking
areas, provided that no portion of such private driveway within the
right-of-way line of the street intersected by such driveway shall
be considered an off-street parking space. The area is intended to
be sufficient to accommodate the exterior extremities of the vehicles,
whether or not wheel blocks are installed within this area to prevent
the bumper from overhanging one end of the parking space. The width
and length of each space shall be measured perpendicular to each other
regardless of the angle of the parking space to the access aisle or
driveway.
Any security which may be accepted by a municipality, including
cash, in accordance with the requirements of this chapter to assure
that certain improvements be made. Escrow agreements and other similar
collateral and surety agreements are acceptable.
Any use of land or buildings as permitted by this chapter.
Land used or intended to be used for the burial of the remains
of pet animals and dedicated for said purposes.
Any use of building space which makes available to the public
the use of six or more pinball machines and/or electronic games.
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any other uses incidental
to the predominant use as may be permitted by ordinance.
A large-scale total community developed as a single entity
according to a plan, containing diversified and varying dwelling facilities
as well as commercial, research, engineering, office and public and
quasi-public uses, and including open space and recreation facilities,
all primarily for the benefit of the residential development.
Planned neighborhood, planned community residential cluster,
planned commercial development or planned mixed-use research development.
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity, containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
A community of dwelling facilities developed as a single
entity according to a plan, containing residential clusters, which
may include public or quasi-public uses, and shall include open space
and recreation facilities, all primarily for the benefit of the residential
development.
A planned residential community having one or more parcels
of land with a contiguous total acreage forming a land mass to be
dedicated for the use of a planned retirement development, providing
for a range of living accommodations, health care services and support
facilities for people who are 55 years of age or older or for couples,
one of whom is at least 55 years of age (except to the extent otherwise
provided in a certificate of need issued by the New Jersey Department
of Health for a nursing facility with respect to age restriction,
if applicable), and which may include age-restricted units, independent
living units, assisted living or congregate care units, and/or nursing
care units. Through its corporation, association or owners, said land
and structures shall be restricted, by bylaws, rules, regulations
and restrictions of record to be approved by the Planning Board Attorney,
to use by permanent residents 55 years of age or older, with the following
exceptions:
A member of a couple under the age of 55 years who is residing
with his/her partner who is 55 years of age or older.
Up to two children, 19 years of age or over, may reside with
their parents or parent where one of the parents with whom the child
or children are residing is 55 years of age or over.
One adult under 55 years of age will be admitted as a permanent
resident if it is established that the presence of such person is
essential to the physical care of one or more of the adult occupants.
If more than one adult under 55 years of age is necessary to care
for the adult occupant, approval shall be required from the homeowners'
association.
The Planning Board of the Township.
The map of a subdivision or site plan. The term is used interchangeably
in this chapter with the term "plan."
SKETCH PLATThe sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan, which is submitted to the Planning Board for Planning Board consideration and preliminary approval, and meeting the requirements of this chapter.
FINAL PLATThe final map of all or a portion of the subdivision or site plan, which is presented to the Planning Board for final approval in accordance with these regulations.
A roofed piazza, veranda or portico which projects beyond
the main wall of a building and of which the columns supporting the
roof present a minimum of obstruction to the view and circulation
of air. A porch becomes a room when the space enclosed is heated or
air conditioned and, if glazed or screened, when the percentage of
window or screen area is less than 50% of the total exterior wall
area.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and/or Zoning Board of Adjustment and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
The main purpose for which a lot or building is used.
Any building or parts thereof designed to be occupied for
clerical and administrative purposes, where no manufacturing, fabrication,
assemblage of goods or retailing or wholesaling is conducted. Any
operation involving the distribution or exchange of goods which requires
the provision of a drive-in window facility is not a professional
office.
The person owning fee or title or the person in whose name
the legal title to the property appears by deed duly recorded in the
office of the County Clerk of Mercer County, or the person in possession
of the property or buildings under claim of or exercising acts of
ownership over the same for himself or as the executor, administrator
or guardian of the property.
Owned, operated or controlled by a government agency, federal,
state, county or municipal, including a corporation created by law
for the performance of certain specialized governmental functions,
and the Board of Education.
A Master Plan, capital improvement program, Official Map
or other proposal for land development adopted by the appropriate
public body, or any amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
An open space area conveyed or otherwise dedicated to the
Township, Township agency, Board of Education, state or county agency
or other public body for recreational or conservational uses.
The use of land or buildings by the Township or any officially
created authority or agency thereof.
A business or service which is engaged in regularly supplying
the public with some commodity or service which is of public consequence
and need, such as electricity, gas, water, transportation or telephone
or telegraph service.
Garbage, rubbish, trash, trade waste, debris or the remains
of uprooted or severed plant life.
The land and building designed and used in the business of
the structural and/or cosmetic repair and the incidental mechanical
repair of passenger or commercial vehicles. No such use is permitted
in any zone district.
The land and buildings designed and used predominantly for
the mechanical repair of passenger or commercial vehicles. No shop
in which a substantial portion of the mechanical repair work done
is on vehicles owned by the operator or owner of such shop or leased
or rented to such operator or owner shall qualify as a "mechanical
repair shop" under this definition.
The growing and harvesting of plant life and the keeping
of farm animals for the enjoyment of the residents on the property
and not primarily for commercial purposes. A small roadside produce
stand associated with the residential agriculture use shall be permitted,
provided that all of the produce offered for sale is grown on the
property; that the produce is not grown primarily for commercial purposes;
that the stand is not furnished with permanent heating facilities;
that the floor area of the stand does not exceed 100 square feet;
that the stand is set back from all street rights-of-way and property
lines at least 20 feet; and that sufficient on-site off-street parking
is provided. One unlit sign not exceeding four square feet in area
shall be permitted and shall be attached flat against the front facade
of the stand. At least five acres of land shall be devoted to the
growing and harvesting of crops and/or the keeping of farm animals.
A residential development of detached dwelling units planned
as a single entity in accordance with the provisions of this chapter
and which has a common or public open area or areas as an appurtenance.
Any facility so defined by N.J.S.A. 26:2H-1 et seq., and
regulated by the New Jersey Department of Health. Residential health
care facility shall include the terms "assisted living," "congregate
care," "nursing home," "convalescent home," "extended care" and "long-term
care."
Any establishment, however designated, at which food is sold
primarily for consumption on the premises. However, a snack bar or
refreshment stand at a public or community swimming pool, playground,
golf course, play field or park, operated solely by the agency or
group operating the recreational facility and for the convenience
of patrons of the facility, shall not be deemed to be a restaurant.
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served in disposable
containers or products primarily for consumption at counters, stools
or bars outside the building or primarily for consumption in automobiles
parked on the premises, whether brought to said automobiles by the
customer or by employees of the restaurant, regardless of whether
or not additional seats or other accommodations are provided for customers
inside the building. All such drive-in restaurants and refreshment
stands are specifically prohibited in all districts.
The further division of a lot or the adjustment of a lot
line or lot lines.
A structure designed and maintained to impound the increased
runoff due to development.
A through lot that is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
Any lands including streams and roadways owned by any governmental
entity giving the public free and easy access.
A year-round commercial establishment associated with a farm
which is used for the retailing of agricultural produce.
A solar or photovoltaic facility mounted to the roof of a
building, parking garage, carport or other structure which provides
protection from weather or provides habitable or storage space. This
shall not include facilities mounted above surface parking lots.
Waste solids not considered to be highly flammable or explosive,
including but not limited to rags or clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery,
masonry and other similar materials.
The permitted number of dwelling units per net developable
acreage of the lot or tract to be developed.
A land disposal site employing an engineered method of disposal
of solid waste in a manner that minimizes environmental hazard, including
but not limited to the spreading of the solid waste in thin layers,
compacting the waste to the smallest practical volume and applying
cover material on a daily or more frequent basis.
A dish-shaped, parabolic-shaped, spherical or circular-shaped
antenna for the reception and/or transmission of satellite signals,
including television signals, AM radio signals, FM radio signals,
telemetry signals, data communications signals or any other reception
or transmission signals using free air space as a medium, whether
for commercial, public or private use. Such objects shall also be
known as "earth stations," "earth terminals," "home video earth stations,"
"microwave dish antennas," "satellite dishes," "satellite earth stations"
and "satellite radio frequency signal reception and/or transmission
devices."
Any place of instruction in any branch of knowledge.
Any school having regular sessions with regularly employed
instructors, which teaches those subjects that are fundamental and
essential in general education and which provides elementary education
under the supervision of the New Jersey Department of Education, the
Board of Education of the Township or a lawfully constituted ecclesiastical
governing body or a corporation meeting the requirements of the New
Jersey State Department of Education.
Same as elementary school except secondary education is provided.
Any school having regular sessions with regularly employed
instructors which, as a principal activity, provides training in a
trade or vocation and teaches those subjects that are fundamental
and essential in elementary or secondary education, under the supervision
of the New Jersey State Department of Education or a lawfully constituted
ecclesiastical governing body or a corporation meeting the requirements
of the State Department of Education.
Unless specifically sized, a densely planted strip of land
as approved (or having equivalent natural growth) with evergreen shrubs
or trees at least five feet to six feet in height at the time of planting.
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.
Lands and buildings providing for the sale of fuel, lubricants
and automotive accessories. Maintenance and minor repairs for motor
vehicles may be provided, but no body repairs or painting or the extended
storage of inoperable or wrecked vehicles shall be permitted.
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line or lot line.
An accessory building not exceeding 12 by 12 by 12 feet which
may be erected within three feet of the rear lot line and side lot
line but not less than 20 feet from any dwelling on any adjacent property.
The three-foot-wide strip between the shed and the rear and side lot
lines shall be kept free of rubbish and debris.
A group of commercial establishments built on one tract that
is planned, developed, owned and managed as an operating unit; it
provides on-site parking in definite relationship to the type and
total size of the stores. The commercial establishments may be located
in one or several buildings, attached or separated.
A triangularly shaped area used as a line of vision established
at intersections in accordance with the requirements of this chapter,
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to obstruct vision between a height of three feet
and seven feet above the center-line grade of either street.
An easement which allows the Township to have the right of
entry into an established sight triangle area to remove any obstruction
to vision within the sight triangle area not conforming to the standards
of the definition of sight triangle, following due notice to the property
owner.
See § 550-124 for sign definitions.
A common use of and access to all living and eating areas,
bathrooms, and food and serving areas.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of the existing and proposed buildings,
drives, parking areas, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and any information that may be reasonably
required in order to make an informed review and approval.
MINOR SITE PLANA development plan of one or more lots which proposes new development of a site of 10 acres or less in total land area; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to § 550-256 of this chapter; and is submitted as a complete application providing a sufficient amount of information necessary to determine that the aforementioned conditions for the approval of a minor site plan have been met.
MAJOR SITE PLANAny development plan of one or more lots which is not classified as a minor site plan.
The action taken by the Planning Board or Zoning Board of Adjustment with regard to a submitted site plan, which confers certain rights to an applicant over a specified period of time in accordance with Article VII of this chapter.
The examination of the specific development plans for a lot.
Wherever the term "site plan approval" is used in this chapter, it
shall be understood to mean a requirement that the site plan be reviewed
and approved by the Board.
A solar or photovoltaic energy facility or structure and
all associated equipment for the purpose of generating electrical
energy or heat or hot water produced from solar or photovoltaic technologies,
other than solar reflective or concentrating technology, whether such
facility or structure is a principal use, a part of the principal
use, a conditional use, or an accessory use or structure.
A solar or photovoltaic facility mounted on a surface parking
lot such that vehicles may park and/or drive beneath.
Garbage, refuse, sludge and other discarded solid materials
resulting from industrial, commercial and agricultural operations
and from domestic and community activities and all other waste materials.
The land in the floodplain subject to a 0.2% or greater chance
of flooding in any given year.
A structure or portion thereof which is used in whole or
in part for the shelter or care of horses, cattle or similar animals,
either permanently or temporarily.
A detached accessory building for the keeping of horses,
cattle or similar animals not kept for remuneration, hire or sale.
A stable other than a private stable.
The first placement of permanent construction of a structure
on a site, such as the pouring of slabs or footings or any work beyond
the stage of excavation. Permanent construction does not include land
preparation, such as clearing, grading and filling, nor does it include
the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a structure without a
basement or poured footings, "start of construction" includes the
first permanent framing or assembly of the structure or any part thereof
on its pilings or foundations.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. For the purpose of this chapter, the interior of the
roof shall not be considered a ceiling. A half story is the area under
a pitched roof at the top of a building, the floor of which is at
least four feet but no more than six feet below the plate.
A story under a gable, hip or gambrel roof, the wall plates
of which, on at least two opposite exterior walls, are not more than
six feet above the floor of such story.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by N.J.S.A. 40:55D-1 et seq.; which is shown on a plat
duly filed and recorded in the office of the County Recording Officer
prior to the appointment of a Planning Board and the grant to such
board of the power to review plats; or which has been dedicated or
deeded to the public for public use and has been improved in accordance
with Township standards. The term includes the land between the street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines.
The officially established grade of the street upon which
a lot fronts.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the publicly
owned or controlled street right-of-way, either existing or proposed,
and a lot.
Any activity which disturbs vegetated or otherwise stabilized
soil surface, including clearing, grubbing and backblading operations.
Anything constructed, assembled or erected which requires
location on or below the ground or attachment to something having
such location on the ground, including buildings, fences, towers,
signs, advertising devices, swimming pools, stadiums, platforms, satellite
antenna dishes and storage bins. A combination of materials to form
a construction for occupancy, use, ornamentation or advertising shall
also be considered a structure.
The division of a lot, tract or parcel of land into two or
more lots, tracts or parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: divisions
of land found by the Planning Board or Subdivision Committee thereof
appointed by the Chairman to be for agriculture purposes, where all
resulting parcels are five acres or larger in size; divisions of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments or foreclosures;
consolidations of existing lots by deed or other recorded instrument;
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 the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Map or Atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
MINOR SUBDIVISIONAny subdivision of properties resulting in the ultimate creation of not more than three lots fronting on an existing street or road, not involving any new street or road or the extension of municipal facilities, not adversely affecting the remainder of the parcel or adjoining property, not in conflict with any provision or portion of the Master Plan, Zoning Ordinance or this chapter and not involving a planned development or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 550-256 of this chapter.
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purpose of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration reflects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with the
existing state or local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
Substantial improvement of a nonconforming structure or use
may only be made in accordance with the provisions of this chapter.
A retail establishment which sells groceries, sundries and
other convenience and household goods and having a total floor area
of 20,000 square feet or more.
A water-filled enclosure, whether located above or below
the ground, designed and maintained for swimming or bathing or other
purposes by an individual for use by members of his household and
guests, and which is located on a lot as an accessory use to a detached
dwelling. The term includes all buildings, structures, equipment and
appurtenances thereto.
A building or part of a building devoted to the showing of
motion pictures on a paid-admission basis.
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of motion pictures or theatrical
productions on a paid-admission basis to patrons seated in automobiles
or on outdoor seats.
Township of Hamilton, Mercer County, New Jersey.
All wastes, solid or liquid material, or rubbish resulting
from construction, building operations or the production of any business,
trade or industry, including but not limited to plastic products,
carbons, paint, grease, oil and other petroleum products, chemicals,
cinders and other forms of solid or liquid waste material.
Any camp, trailer camp, trailer court, court, campsite, lot,
parcel or tract of land designed, maintained or intended for the purpose
of supplying a location or accommodations for two or more trailers
thereupon, in which two or more trailers are parked, and including
all buildings used or intended for use as part of the equipment, whether
a charge is made for the use of the trailer park and its facilities
or not. "Trailer park" shall not include automobile or trailer sales
lots on which unoccupied trailers are parked for the purpose of inspection
or sale. Such uses are not permitted in any zone district.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
A facility at which solid waste is transferred from collection
vehicles to haulage vehicles for transportation to a solid waste facility.
Something in a crumbled or broken condition or mass, other
than garbage, rubbish, trade waste or debris, the only value of which
rests in its crumbled or broken state.
The area of a tract or parcel that does not contain floodplains,
wetlands or slopes greater than 15%.
The specific purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A departure from the terms of this chapter authorized by
the appropriate municipal agency.
Facilities for handling freight which may include buildings
used primarily for the storage of goods and materials.
Facilities operated for a specific commercial establishment
or group of establishments in a particular industrial or economic
field.
Facilities available to the general public, at a fee, for
the storage of furniture and other household goods and commercial
or private goods of similar nature.
Any natural or artificial collection of water, whether permanent
or temporary.
Any natural swale, ditch, gully, stream, brook or river wherein
water flows ordinarily, frequently or infrequently but not necessarily
continuously. This definition includes watercourses which have been
artificially treated, realigned or improved.
Establishments or places of business primarily engaged in
selling merchandise to retailers, to industrial, commercial, institutional
or professional business users or to other wholesalers, or acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies. Within the manufacturing and industrial
zones along East State Street, wholesale sales to the general public
will also be permitted.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, battery or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanism.
An open space on a lot, other than a court, unoccupied and
unobstructed from the ground upward except as otherwise provided in
this chapter.
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the front yard shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines. The minimum required front yard shall
be the same as the required setback.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines. The minimum required rear
yard shall be the same as the required setback.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
side line or the tangent lines of curved side lot lines.
The Zoning Board of Adjustment as established in accordance
with N.J.S.A. 40:55D-1 et seq.
The map annexed to and made a part of this chapter.
A document signed by the administrative officer which is
required as a condition precedent to the commencement of a use or
the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the Township zoning ordinances or variance therefrom, duly authorized
by the Planning Board or Zoning Board of Adjustment.
