Certain phrases and words are herein defined as follows:
ACCESSORY APARTMENT
Self-contained residential dwelling unit within an existing
dwelling with a kitchen, sanitary facilities, sleeping quarters, and
a private entrance.
[Amended 6-15-2009 by Ord. No. 8-2009; 6-21-2022 by Ord. No. 2022-05]
ACCESSORY BUILDINGS
Subordinate buildings, outbuildings, or structures on the
same lot with a main building, occupied or devoted exclusively to
an accessory use. Even if an accessory building is attached to a main
building in a substantial manner by a wall or roof, such structure
shall be considered an accessory building. For purposes of minimum
setback and maximum height requirements, however, such structure shall
be considered an accessory building only if it does not share a common
wall with the main building.
[Amended 11-18-2013 by Ord. No. 7-2013]
ACCESSORY USE
A use natural and normally incident to and subordinate to
the primary function of the premises. More particularly, but not by
way of limitation, same shall be construed to include areas used for
avocations of the residents of the principal structure, a driveway,
private swimming pool, private road, alley or other facilities for
ingress whether by foot or vehicle.
ADMINISTRATIVE OFFICER
The Construction Code Official, the Zoning Officer, or other
Borough employee or contracted professional designated to receive,
review and process development and/or preservation plan applications.
[Amended 11-18-2013 by Ord. No. 7-2013]
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 of 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 by 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.
AIRPORT SAFETY ZONE
An area delineated by the New Jersey Department of Transportation,
Division of Aeronautics, based on the standards promulgated in N.J.A.C.
16:62-3.
[Amended 9-21-2020 by Ord. No. 2020-02]
ALTER
To change the appearance of exterior elements of a structure
or to change the visible materials and finishes used in such elements,
but not including a change in color.
[Amended 11-18-2013 by Ord. No. 7-2013]
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in supporting members of the building or additions
to a structure requiring walls, foundations, columns, beams, girders,
posts or piers, or the moving of a structure.
APARTMENT
A dwelling unit in a building having two or more dwelling
units where entranceways, hallways, basements, attics, heating systems,
yards and similar services in the building are shared in common, singularly
or in combination.
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.
BASEMENT
An interior space or a portion of an interior space having
a floor below the highest outside elevation of ground at the foundation
wall.
BOARDING HOUSE
A family home or larger structural unit in which, for compensation,
persons are given room and board including or not including, as the
case may be, heat, light, toilet and bathroom facilities; and in which
there is no agreement between operator and boarder to give personal
care or special attention.
BUILDING COVERAGE
The area of a lot covered by buildings measured on a horizontal
plane around the periphery of the foundation(s) and including the
area under the roof of any structure supported by columns, but not
having walls, as measured around the extremities of the roof above
the columns.
BUILDING HEIGHT
The vertical distance measured to the highest point of the
building from the average elevation of the finished grade five feet
from the foundation.
BUILDING LINE
A line established by law or agreement usually parallel to
property line beyond which a structure may not extend. This generally
does not apply to uncovered entrance platforms, terraces and steps.
BUILDING, PRINCIPAL
A nonaccessory building in which a principal use of the lot
on which it is located is conducted.
CARTWAY
The hard or paved surface portion of a street customarily
used by vehicles in their regular course of travel. Where there are
curbs, the cartway includes only that portion between the curbs. Where
there are no curbs, the cartway is that portion between the edges
of the paved width.
CELLAR
A story partly underground and having more than 1/2 of its
height below ground.
CEMETERY
A place for the permanent interment of dead human bodies
or the cremated remains thereof.
CLUSTER DEVELOPMENT
A planned development technique based on the dwellings to
be reduced so that individual segments of the tract have higher densities
provided other portions of the tract are left in open space or common
property so that the gross density limitation of the entire tract
is not exceeded.
COAH
The New Jersey Council on Affordable Housing.
[Amended 9-21-1998 by Ord. No. 6-1998]
COMMON PROPERTY
Land or water, or a combination of land and water, together
with improvements, 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 property" includes common open
space and may contain such complementary structures and improvements
as are necessary and appropriate for the use or enjoyment of residents
and owners of the development.
COMPLETE APPLICATION
An application form provided by the Borough and completed
by the applicant, together with all accompanying documents required
by this chapter, for approval of the application for development,
including where applicable, but not limited to, a site plan of subdivision
plat provided that the approving authority may require such additional
information not specified in this chapter, or any revisions in the
accompanying documents, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for the approval
of the application for the development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
approving authority. An application shall be certified as complete
immediately upon the meeting of all requirements specified in this
chapter and in the rules and regulations of the approving authority,
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of the commencement of the time
period for action by the approving authority.
CONSERVATION EASEMENT
Grant or grants to the municipality sufficient to permit
the municipality to fulfill the intent and purpose of this easement
as provided in this chapter.
CONSTRUCT
To make, remake, or make additions to the exterior of a structure
by installing, assembling, and combining materials.
CONVALESCENT HOME
Any institution, whether operated for profit or not, which
is not maintained, supervised or controlled by an agency of the government
of the state or of any county or municipality, and which maintains
and operates facilities for the diagnosis, treatment or care of two
or more nonrelated individuals, who are patients as defined herein.
DAY NURSERY or NURSERY SCHOOL
Any private agency, institution, establishment or place which
provides supplemental parental care and/or educational work, other
than board or lodging overnight, for two or more nonrelated children
of preschool age, whether for compensation or otherwise.
DEMOLISH
To partially or completely take down a structure.
DENSITY
A number expressing dwelling units per acre.
DEVELOPMENT COMMITTEE
A committee of at least three members of the approving authority,
appointed by the Chairman of the approving authority with the approval
of the majority of the approving authority, 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 chapter 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.
DRAINAGE RIGHT-OF-WAY
The land required for the installation and maintenance of
storm sewers or drainage ditches, or along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damages in accordance with Title
58 of the Revised Statues of the State of New Jersey.
DWELLING UNIT
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one family.
EASEMENT
A vested or acquired right to use land other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
EQUALIZED ASSESSED VALUE
The value of a property determined by the municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios as required by
law. Estimates at the time of building permit may be obtained by the
Tax Assessor utilizing estimates of construction cost. Final equalized
assessed value shall be determined at project completion by the municipal
Tax Assessor.
[Amended 9-21-1998 by Ord. No. 6-1998]
FAMILY
One or more persons living and cooking together as a single,
nonprofit housekeeping unit, exclusive of household servants.
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The floodway and the relatively flat area adjoining the floodway
which have been or may be hereafter covered by flood water and which
area, the improper development and general use of which would constitute
a threat to the public safety, health and general welfare. The "flood
hazard area" shall constitute the total area inundated by the flood
hazard design flood.
FLOODWAY
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the flood water or flood flow of any natural stream. This shall constitute
the portions of the floodplain needed for the passage of the floodway
design flood without an appreciable rise in the water surface profile.
FLOOR AREA RATIO
The total gross floor area of buildings on a lot divided
by the area of the lot.
GARDEN APARTMENT
A building containing three or more apartments, such building
having a maximum height of three stories.
GROSS ACRE
Gross acreage shall exclude the area of existing streets
and 10% of the total area of the lot or tract in order to provide
for new streets.
GROSS FLOOR AREA
The total floor area in a structure measured by using the
outside dimension of the building at each story. The floor area of
units sharing a common wall shall be measured from the center of interior
walls and the outside 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 7.5 feet. In nonresidential structures, the "gross floor
area" shall exclude areas used for utility, heating cooling and other
mechanical equipment but shall include all other areas including cellars,
warehousing and storage areas, regardless of ceiling height.
HABITABLE SPACE
The finished and heated area of a dwelling unit or nonresidential
space that is fully enclosed by the inside surfaces of walls, windows,
doors, and partitions and has a headroom of at least seven feet, including
working, living, eating, cooking, sleeping and related spaces on living
or working floors, such as hallways, vertical circulation, service
and storage for residential purposes, but excluding garages, carports,
parking spaces, unfinished and untreated attics, basements and cellars,
and storage and utility space for nonresidential space, and meeting
the New Jersey Uniform Construction Code and the BOCA Code.
[Amended 3-1-2004 by Ord. No. 1-2004]
HISTORIC PRESERVATION COMMISSION
The local commission charged with the responsibility of planning
and advising Borough officials regarding the protection of local historic
sites and districts pursuant to N.J.S.A. 40:55D-107. The Rocky Hill
Planning Board, pursuant to N.J.S.A. 40:55D-27(d), shall exercise
the powers of the Historic Preservation Commission.
[Amended 11-18-2013 by Ord. No. 7-2013]
HISTORIC REVIEW SUBCOMMITTEE
A subcommittee of the Planning Board appointed by the Planning Board Chairperson and charged with specific duties related to historic preservation plans as articulated in §
80-40.
[Amended 11-18-2013 by Ord. No. 7-2013]
HOME OCCUPATION
(1)
An occupation which can be carried on in a dwelling unit by
a member of the family in residence without hiring or engaging workers
or generating more than occasional visitors, such as:
(a)
Occupations in which most communications are made electronically
rather than in face-to-face conversations, including data entry and
processing of forms, writing and editing, desktop publishing, investment
management, and management consulting;
(b)
Occupations which are customarily carried out in such locations,
including instruction in music, dancing, and arts and crafts, but
not or more than one pupil at a time; art studios and other spaces
where creative works are made, but not sold; home offices for craftspersons,
but not places for the storage of their material, large equipment,
and large or multiple vehicles; cooking and baking using equipment
customarily found in dwelling units; making of crafts and production
of other homemade products; and dressmaking, clothing alterations,
and tailoring; and
(c)
Offices for architects, landscape architects, planners, and
consulting engineers.
(2)
The main office of all other licensed professionals, including
doctors, dentists, lawyers, accountants, engineers other than consulting
engineers, and therapists; beauty and hair styling salons; and other
occupations which customarily hire or engage workers or generate frequent
client visits, shall not be considered home occupations.
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating under a
recorded land agreement through which:
(1)
Each lot owner, condominium owner, stockholder under a cooperative
development, or other owner of property of interests in the project
shall be a member;
(2)
Each occupied dwelling unit is subject to a charge for a proportionate
share of the expenses for the organization activities and maintenance,
including any maintenance costs levied against the association or
the municipality, and
(3)
Each owner and tenant has a right to use the common property.
LOADING SPACE
An off-street berth but on the same lot with a building or
group of buildings for the temporary parking of a vehicle while loading
or unloading.
LOT AREA
The area contained within the lot lines but not including
any portion of an existing 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 for widening of the street to conform
to the Master Plan.
LOT, CORNER
A lot having at least two adjacent sides fronting on intersecting
roads.
LOT COVERAGE
The area of a lot covered by buildings and paved and other
impervious surfaces, including swimming pools and decking.
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 lines. 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 lot frontage may be reduced to 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.
LOT LINE
Any line forming a portion of the exterior boundary of a
lot. The lot line is the same as the street line for that portion
of a lot abutting a street. Lot lines extend vertically in both directions
from ground level.
LOT WIDTH
The straight and horizontal distance between side lot lines
measured at setback points on each side lot line at the minimum building
setback from the street line.
NURSING HOME
A proprietary facility, license or regulated by the State
Department of Health, for the accommodation of convalescents or other
persons who are not acutely ill and not in need of hospital care but
who require skilled nursing care and related medical services.
OFFICE
Unless specifically described, space within a building for
the transaction of business, clerical work, the discharge of administrative
or professional duties or services or the like, including mechanical
or electronic devises used in connection therewith, but not including
the storage (except for display purposes) or physical exchange or
merchandise or the housing of equipment for service trade for which
such office may be the administrative headquarters.
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.
ORDINARY MAINTENANCE
Acts required to preserve, repair, or restore the existing
exterior structural or decorative elements of a building or a structure
subject to this chapter. Repairing any structural, cosmetic, or other
deterioration, wear, or damage to a structure or any part hereof so
as to restore same to its condition prior to the occurrence of such
deterioration, wear, or damage without any change in the visible materials
and finishes used. All replacement elements and materials must be
in kind with the materials being replaced.
[Amended 11-18-2013 by Ord. No. 7-2013]
OWNER
Any individual, firm, association, syndicate, copartnership,
trust, estate, corporation, or other legal entity having a proprietary
interest in the land sought to be subdivided who has sufficient authority
to commence and maintain proceedings to subdivide the same under this
chapter.
PARKING SPACE
Accommodations for off-street motor vehicle parking which
shall have for each vehicle an area of not less than 200 square feet
exclusive of access drives or aisles and a minimum of 10 feet in width
measured perpendicular to the axis of the length with adequate provision
for ingress and egress to all parking spaces.
PERMITTED USE
Any use of land or building as permitted by this chapter.
PLAT, FINALS
The plat of all or a section of a subdivision or site plan
submitted for final approval in accordance with this chapter and the
Municipal Land Use Law, as amended, and which, if approved as a subdivision,
shall be filed with the county recording officer.
PLAT, PRELIMINARY
The plat prepared and submitted to the approving authority as part of the application for preliminary approval in accordance with Article
V of this chapter.
PLAT, SKETCH
The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article
V of this chapter.
PRESERVATION PLAN
A plan, and other information as may be required for submission,
setting forth the work for which a preservation permit is necessary.
[Amended 11-18-2013 by Ord. No. 7-2013]
PRESERVATION PLAN, MAJOR
Building and/or site improvements that substantively alter
the size or appearance of a structure from a public or private street,
use materials that are not visually in kind with the materials being
replaced, add or substantively alter decorative or structural elements,
or involves demolition.
[Amended 11-18-2013 by Ord. No. 7-2013]
PRESERVATION PLAN, MINOR
Building and/or site improvements that have no visual impact
on the Historic District from a public or private street. Minor preservation
plan construction must be of visually in-kind materials and shall
include but not be limited to such elements as siding, windows, exterior
railings, shutters, and doors. Such minor plans may also include such
site improvements as the placement and design of storage sheds of
less than 100 square feet, fences or the retaining walls. Minor preservation
plan improvements shall not substantially change the appearance of
the primary structure or the lot.
[Amended 11-18-2013 by Ord. No. 7-2013]
PRINCIPAL USE
The main purpose for which any lot and/or building is used.
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 of the New Jersey Department
of Higher Education.
PROFESSIONAL OFFICE
The office of a member of recognized profession which shall
be so designated by the approving authority upon finding by such approving
authority that such a occupation is professional in character and
requires long academic training, licensing, and training and experience
as condition for the practice thereof, and that the practice of such
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone to any greater extent than
would the permitted uses listed in that district. The issuance of
a state or local license for regulations of any such occupation shall
not, alone, be deemed indicative of professional standing. When such
office is combined with a residence, the conditions of a "home occupation"
shall apply.
PUBLIC PURPOSE
The use of land by a Borough, county, state or federal agency
or authority.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse,
utility alignment, or other way and within which all improvements
and rights of access are confined.
ROWHOUSE
A townhouse in an unbroken front facade, except for porches,
and with its front entrance oriented toward the street.
[Amended 3-1-2004 by Ord. No. 1-2004]
SETBACK LINE
A line drawn parallel to a street line or lot line and drawn
to 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 street
shall be measured from the proposed right-of-way width as shown on
the adopted Master Plan.
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.
SIGHT TRIANGLE
A triangular area abutting two intersecting streets where
vision is unobstructed. The sight triangle is formed by the intersecting
street sidelines and a line connecting a point on each sideline a
set distance from the intersection.
SIGN
Any announcement, declaration, display, illustration or insignia
placed in a position to be seen by the general public from any street
or public way.
SILTATION BASIN
A facility through which stormwater is directed and which
is designed to collect silt and eroded soil from a designated area.
SINGLE-FAMILY RESIDENCE
A detached building containing no more than one dwelling
unit used for residential purposes.
[Amended 3-1-2004 by Ord. No. 1-2004]
SITE PLAN, EXEMPT
Site plan approval by the approving authority shall not be required for individual lot applications for detached one-dwelling-unit or two-dwelling-unit buildings permitted as of right under Article
VII hereof and structures and uses incidental thereto, unless such uses are located in a flood hazard area or involve a home occupation. This exemption shall not apply whenever three or more dwelling units are proposed to be constructed under common ownership or control on contiguous lots or on lots within the same subdivision under construction permits issued during the same period of 12 months beginning with the date of the first permit issued. Internal building alternations and reconstruction and changes in occupancy which do not have an effect on parking or circulation or other external effects and which do not increase the intensity of use of a structure or of a part thereof shall be exempt.
SITE PLAN, MINOR
A development plan of one or more lots which:
(1)
Proposes new development or building alterations requiring less
than 10 parking spaces as required in this chapter, containing less
than 2,500 new or additional square feet of floor area, and not having
more than 50% lot coverage;
(2)
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to §
80-64; and
(3)
Does not involve any floodway or flood fringe area under §
80-56.
STORY
That portion of a building comprised between a floor and
the floor or roof next above. A half-story is a story at the top of
a building, the area of which is less than the area of the story below
it, and the height of which shall not be less than 7.5 feet above
at least 1/3 the area of the floor.
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.
STRUCTURE
A combination of materials and finishes which forms a construction
for occupancy, use, or ornamentation installed below, at, or above
the surface of the ground, including but not limited to buildings,
patios, decks, swimming pools, tennis courts, fences, posts, walls,
exterior lighting fixtures, walkways, signs, and accessory buildings
but not including landscaping and plant materials.
[Amended 11-18-2013 by Ord. No. 7-2013]
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: (1) divisions
of land found by the Planning Board to be for agricultural purposes
where all resulting parcels are five acres or larger in size; (2)
divisions of property by testamentary or intestate provisions; (3)
divisions of property upon court order, including but not limited
to judgments of foreclosure; (4) consolidation of existing lots by
deed or by other recorded instrument; and (5) the conveyance of one
or more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
administrative officer to conform to the requirements of the municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the Tax Map or atlas of the Borough. The term
"subdivision" shall also include the term "resubdivision."
SUBDIVISION, MINOR
A subdivision of land that is for the creation of less than
four lots (including the remainder of the original lot), provided
that such subdivision does not involve: (1) (2) (3) (4)
(3)
Extension of any off-tract improvement, the cost of which is to be prorated pursuant to §
80-64; or
(4)
Any floodway or flood hazard area under §
80-56.
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. Swimming pools
shall include all buildings, structures, equipment and appurtenances
thereto.
TOWNHOUSE
One dwelling unit in a line of four or more attached dwelling
units, with each dwelling unit extending from the ground to the roof
and having individual outside access and no interior facilities, conveniences,
or services shared with other dwelling units making up the overall
building.
TRACT
An area of land comprised of one or more lots having sufficient
dimensions and area to meet the requirements of this chapter for the
use(s) intended. The land area of the existing streets shall not be
included in calculating the area of the tract.
UTILITY
Services provided to a use including, but not limited to,
sewage treatment, water supply, gas, electric, telephone and cable
TV.
YARD
An open space extending between the closest point of any
building and a lot line or street line. In an apartment, townhouse,
office park or other development where more than one building may
be erected on a lot, "yards" shall also be the open space extending
between structures. All yard dimensions shall be measured horizontally
and at right angles to either a straight street line, lot line, or
building facade or perpendicular to the point of tangent of curved
lines and facades. The minimum distance between buildings in developments
where there is more than one building on a lot shall be the sum of
the two yards of the structures, and in no even shall two structures
be closer to one another than the sum of both yards.
YARD, FRONT
The area extending across the full width of a lot line between
the street line and the building and, for apartments, townhouses,
office park or other development where more than one building may
be erected on a lot, the front yard shall be measured from the designated
front of the building to an imaginary line a designated distance away
from the front of the building.
YARD, REAR
The open space extending across the full width of the lot
between the rear lot line and building and, for apartments, townhouses,
office park or other developments where more than one building may
be erected on a lot, the rear yards shall be measured from the designated
rear of the building to an imaginary line a designated distance away
from the rear of the building.
YARD, SIDE
An open space extending from the front yard to the rear yard
and lying between each side lot line and closest point of the building.
The side yard for apartments, townhouses, office park or other developments
where more than one building may be erected on a lot shall be measured
from the designated side of the building to an imaginary line a designated
distance away from the side of the building.