Township of Hopewell, NJ Title; Purpose; Definitions

Intended or designed for the use of one family;

Separated from other space by lockable doors;

HOPEWELL DEVELOPMENT ORDINANCE

Having access to the outdoors without crossing any portion of another family's dwelling quarters; and

(4)

Having living and sleeping facilities and cooking facilities, fixed or portable, and complete sanitary facilities.

DWELLING, SINGLE-FAMILY

A detached building designed for or occupied by one family only.

DWELLING, TWO-FAMILY

A detached building designed for or occupied by two families only. The phrase two-family dwelling shall include duplexes and other buildings where no more than two dwelling units are joined by a common wall or floor/ceiling.

EARTH EXTRACTION

The removal of sand, topsoil, gravel, fill dirt or mineral or clay products for sale or reuse at another site exclusive of agricultural operations or the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

EROSION

The detachment or movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICE

Structures and physical improvements, whether publicly or privately owned, necessary to permit the orderly development of an area, including such facilities as streets; water, sewer, gas, telephone and electric lines; supporting structures such as manholes, catch basins, underground pumping station, and underground transformer stations; but not including generating or storage plants, processing stations, maintenance yards, administration headquarters facilities or aboveground utility poles within major subdivisions.

FAMILY

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FARM

Any parcel of land containing at least five acres used for general purpose agriculture, which includes the raising of agricultural or horticultural products, livestock, poultry and their resultant products. Farms may include small retail outlets, business offices, aquaculture facilities, hydroponic and other new technological innovations including value-added agriculture that advance the science of agriculture and the production of agricultural commodities. Farms shall not include intensive feed lots for raising of poultry, cattle, or other livestock.

FARM LABOR HOUSING

Any farm building, other than a principal dwelling, used or intended for use to house farm labor.

FENCE or WALL

A structure which permanently or temporarily prohibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.

FINAL APPROVAL

The official action of the approving authority taken on preliminary approved major subdivisions or site plans after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned upon the posting of such guarantees.

FLOOR AREA, GROSS

The sum of the total horizontal area of the several floors of a building excluding basement space, unless designed to be used for customary visits by commercial clientele, but including the area of permanent roofed porches and terraces. All dimensions shall be measured from the outside face of exterior walls or from the center line of party or common walls.

FLOOR AREA, HABITABLE

Area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least six feet six inches including living, eating, cooking, sleeping, storage, circulation, service, utility and other related household spaces but excluding garages, carports, porches, unheated sheds and basements. Attics or portions thereof may be considered habitable floor area, provided they are fully finished and meet the proper height requirements.

GARAGE, PRIVATE

An accessory building incidental to a dwelling unit, as defined herein, which accessory building is intended for the off-street storage of motor vehicles belonging to the inhabitants of said dwelling unit, but in which garage no business, service or occupation is conducted or rendered for profit. The rental or storage space for more than two cars not owned by persons residing on the premises is considered a business for profit.

GARAGE, REPAIR

A building used for the off-street storage of motor vehicles, the provision of incidental gasoline service, the sale of accessories and the repair of motor vehicles excluding body work.

GARDEN APARTMENT

One type of multifamily structure generally designed as part of a group of three story buildings, with each rented dwelling unit having its own patio or balcony.

GASOLINE SERVICE STATION

An area of land, including any structures thereon, used primarily for the retail sale and direct delivery to motor vehicles of motor fuel and lubricants, as well as such incidental services as the lubrication and washing of motor vehicles and the sale, installation and minor repair of automobile accessories, such as tires and batteries.

GLARE

Illumination whereby a source of light, producing a reading of 50 or more on a Standard Weston Photographic light meter or equivalent at a distance of three feet is visible from the public right-of-way, or a reading of 0.8 or more is found when such meter or equivalent is held anywhere on a residential property line.

GOVERNING BODY

The Hopewell Township Committee.

HEIGHT OF BUILDING

The vertical distance from the established Average Finished Grade to the highest point on the building.

HISTORIC SITE

Any building, structure, area, or property that is significant in the history, architecture, archaeology, or culture of this state, its communities, or the nation and has been so designated pursuant to the Municipal Land Use Law.[6]

HOME OCCUPATION

A commercial enterprise that is conducted in a residential dwelling or in an accessory structure that is located on the same lot as an existing residential dwelling. A home occupation may include the operation of a professional office. In order to qualify as a home occupation, the commercial enterprise must satisfy the criteria as set forth in § 220-52.

This shall refer to this chapter including any amendments thereto.

HOTEL

A structure providing overnight accommodations for a fee primarily for the travelling public, restaurant facilities, and a comprehensive array of specialty visitor and guest services (e.g., retail boutiques, beauty and salon services, banquet and reception facilities, etc.).

HOUSE TRAILER

Same as "mobile home."

HOUSE, APARTMENT

Same as "structure, multifamily."

HOUSE, BOARDING

A rooming house in which the renting individuals are also served with meals prepared in one kitchen by the owner or operator of the house in return for a valuable consideration.

HOUSE, ROOMING

A single family house, wherein furnished rooms without cooking facilities are rented for a valuable consideration to one or more individuals unrelated by blood or marriage to the owner or operator of the house.

HOUSE, ROW OR TOWN

Same as "structure, multifamily."

INSTITUTION OF HIGHER LEARNING

An educational institution of higher learning chartered by the State of New Jersey or a private educational institution of higher learning approved and subject to regulations prescribed by the State of New Jersey and giving instruction or affording facilities for study in academic or technical subjects only at or above the college level.

INTERESTED PARTY

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 the United States is alleged to have been denied, violated or infringed by an action or a failure to act under the Municipal Land Use Law.[7]

JUNKYARD

The use of more than 5,000 square feet in the case of an agricultural parcel or more than 200 square feet of the area of any other lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins a public thoroughfare, for the storage, keeping, processing or abandonment of wastepaper, rags, scrap metal or other discarded materials, or the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof. The term "junkyard" shall also include the presence on a property of one or more abandoned or unlicensed or unregistered vehicles or portions of vehicles, except on agricultural parcels, unless such vehicle is wholly enclosed within a building.

KENNEL

Any building or land parcel used for the keeping of dogs and other small household pets. The keeping of more than five such animals on any one property constitutes a kennel.

LAND

The word "land" shall include improvements and fixtures on, above, or below the surface.

LIGHT INDUSTRY

The manufacture and or assembly of machinery, equipment, and other products that do not involve the conversion of raw materials into finished goods and that do not require industrial furnaces, generating stations, industrial waste treatment facilities, or any other large-scale ancillary activity.

LOADING SPACE

Any off-street space available for the loading and unloading of goods, having direct access to a street or alley and so arranged that no vehicle is required to back into a street. Off-street loading spaces shall meet the dimensional requirements of § 220-63E(2).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The surface of a land parcel determined by its boundary lines and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT FRONTAGE

The horizontal distance measured along the full length of the front lot line. In the case of a corner lot, the shorter of the two street lines shall be considered as the frontage.

LOT LINE, FRONT

The right-of-way line of a street which a lot or parcel abuts.

LOT LINE, REAR

A lot line other than a street line which is the farthest lot line from the street. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed.

LOT LINE, SIDE

A continuous line which runs back from an intersection with the front lot line and which forms the boundary line between the lot and the adjacent parcel of land.

LOT WIDTH

The distance between the side lot lines measured at right angles to the depth of the lot along the front setback line.

LOT, CORNER

A lot fronting on two streets at their intersection.

MAINTENANCE GUARANTEE

Any security which may be accepted by the Township of Hopewell for the maintenance of any improvements required under the authority of this chapter.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MARGINAL ACCESS STREET

Minor streets which are parallel to, and adjacent to, arterial streets and highways, and which provide access to abutting properties and regulated vehicular access to the arterial street or highway.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of a municipality as set forth and adopted pursuant to the Municipal Land Use Law.[8]

MINOR SUBDIVISION

A subdivision or redivision of land that does not involve the creation of more than three lots including the remaining portion of the original parcel and not involving any new street, or extension of any off-tract improvement.

MOBILE HOME

Any vehicle or similar conveyance so designed or constructed as to permit its transportation as a fully built unit and as to permit occupancy for dwelling purposes on a permanent basis.

MOBILE HOME PARK

A land parcel upon which two or more mobile homes for dwelling purposes are located on a permanent basis, complete with landscaping, driveways, paved roads, and individual public utilities. Mobile home parks shall not provide sites for travel trailers, camping vehicles, recreational vehicles, or other types of transient vehicles.

MOTEL

A structure, other than a hotel, providing overnight accommodations for a fee, primarily for the traveling public with parking located adjacent to the rooms, and a minimum of additional services.

MOTOR HOME

A self-propelled recreational vehicle, often less than eight feet in width and 35 feet in length, which is used for sleeping and other human occupancy during the course of activities commonly known as "camping" or "caravanning."

MUNICIPAL AGENCY

The Hopewell Township Land Use Board or governing body when acting pursuant to municipal development regulations.

NATURAL STREAM

A naturally eroded channel with visible evidence of banks and bed as distinguished from a swale which shows no evidence of natural erosion, except occasional gullying, and from a ditch, which is an artificially excavated channel.

NONCONFORMING LOT

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

NONCONFORMING STRUCTURE

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

NONCONFORMING USE

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

NURSING OR CONVALESCENT HOME

A small, private institution of 50 beds or less where the aged, ill, or injured may receive minor medical, surgical, or psychiatric treatment, nursing, food, lodging, care, etc., during illness or convalescence.

OFF-SITE

Any area 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 a contiguous portion of a street or right-of-way.

OFF-TRACT

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

ON-SITE

Any area located on a lot in question.

ON-TRACT

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

PARKING LOT

An area which contains two or more off-street parking spaces.

PARKING SPACE, OFF-STREET

An area not less than 10 feet by 20 feet, exclusive of driveways appurtenant and giving access thereto, accessible from a street but not located on a street, and which is both suitable and intended for the parking of a passenger motor vehicle.

PERFORMANCE GUARANTEE

Any security, which may be accepted by the municipality, including cash; provided that the Township shall not require more than 10% of the total performance guarantee in cash.

PIGGERY

A place where pigs are commercially assembled for growth or fattening before slaughter. The raising of one pig per member of a household for home consumption only, in the agricultural zone, shall not constitute a piggery.

PLACE OF WORSHIP

Churches, synagogues, and Sunday schools of commonly recognized and chartered religious institutions and denominations.

PLANNED COMMERCIAL DEVELOPMENT

An area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED INDUSTRIAL 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.

PLAT

A map or maps of a subdivision or site plan.

POULTRY FARM

A place where poultry is assembled for growth, fattening or egg production before sale or slaughter.

PRELIMINARY APPROVAL

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

PRELIMINARY FLOOR PLANS AND ELEVATIONS

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

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas;

Other public open spaces;

PUBLIC DEVELOPMENT PROPOSAL

Scenic and historic sites; and

(4)

Sites for schools and other public buildings and structures.

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

PUBLIC DRAINAGEWAY

Land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion.

PUBLIC OPEN SPACE

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

PUBLIC UTILITY

An organization supplying water, electricity, gas, sewerage, mass transportation, or other service to the public operated by a private corporation under governmental regulation or by a government agency directly.

QUORUM

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

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.

RESTAURANT

Any building or use which serves food to the general public and which provides tables, chairs, and/or counters for the consumption of food entirely within the walls of such buildings or use. Restaurant does not include "take-out" or drive-in establishments which permit the consumption of food within motor vehicles.

RESTAURANT, FULL-SERVICE

Any establishment, however designated, regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking, and serving of food for its customers and in which alcoholic beverages are sold for consumption on the premises. A full-service restaurant is distinguished from any other type of restaurant by the sale of alcoholic beverages. Full-service restaurants are permitted only in the Highway Commercial Business (HCB) and Highway Commercial (HC) Zones, and must provide full menu service and seating for not less than 150 persons. A full-service restaurant may also be utilized for banquets or catered events either in the main restaurant area, or in a separate space dedicated for that purpose.

[Amended 3-24-2011 by Ord. No. 11-03; 9-22-2011 by Ord. No. 11-07]

RESUBDIVISION (REDIVISION)

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

SETBACK, BUILDING, ALONG DISTRICT BOUNDARY

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

RIGHT-OF-WAY LINES

The boundary lines of land used or intended for use as streets and from which setback and other requirements shall begin. Where existing records are vague or show a lesser dimension, they shall be considered to be not less than 50 feet apart, 25 feet from the center line of streets.

ROADSIDE STAND

An accessory farm building or structure with requisite off-street parking and loading space designed for seasonal sale of principally agricultural and horticultural products grown locally, with at least 25% of its sales consisting of goods produced on the farm on which it is located. The intermittent sale of homegrown produce as an accessory use not involving a building or structure; not occupying more than 300 square feet; and not creating any undue traffic hazard, shall not be deemed to constitute a roadside stand.

ROOM

A completely enclosed interior space containing no partitions higher than four feet.

SCHEDULE OF REGULATIONS

The Zoning Schedule of District Regulations.[9]

SCHOOL

An institution designed and staffed to provide educational opportunity not including any such institution housing detainees.

SEDIMENTATION

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

SENIOR CITIZEN HOUSING

Housing encompassing multiple dwelling units that is deed restricted to senior citizens only, over the age of 55 in accordance with the Federal Fair Housing Act, and developed in conjunction with a state or federal funding program intended to provide special housing facilities for senior citizens. Senior citizen housing can include assisted-living facilities, where residents are provided with routine, daily living assistance, but does not include medical-assisted facilities such as nursing homes, hospice facilities, and other medically oriented geriatric operations.

The shortest distance between the building line and the district boundary line.

SETBACK, BUILDING, FRONT

The shortest distance between the building line and the front lot line.

SETBACK, BUILDING, REAR

The shortest distance between the building line and the rear lot line.

SETBACK, BUILDING, SIDE

The shortest distance between the building line and the side lot line.

SETBACK, PARKING, ALONG DISTRICT BOUNDARY

The shortest distance between the perimeter line of the parking area and the district boundary line.

SETBACK, PARKING, FRONT

The shortest distance between the perimeter line of the parking area and the front lot line.

SETBACK, PARKING, REAR

The shortest distance between the perimeter line of the parking area and the rear lot line.

SETBACK, PARKING, SIDE

The shortest distance between the perimeter line of the parking area and the side lot line.

SIGN

Any device designed to inform or attract the attention of persons not in the premises on which the sign is located.

SIGN, FREESTANDING

A permanent sign detached from any building.

SIGN, ON-SITE

A sign relating in its subject matter to the premises on which it is located or to the products, accommodations, services, or activities offered on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

SIGN, PROJECTING

A sign attached to a building or other structure and extending from the building wall or structure on a plane which is not parallel to the building wall.

SIGN, WALL

A sign attached to, painted on, or erected against a wall or flat vertical surface of a structure with the exposed surface face of the sign on a plane parallel to the face of said vertical surface.

SITE PLAN

A development plan of one or more lots on which is shown:

The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and

Any other information that may be reasonably required in order to make an informed review and approval.

SITE PLAN, MINOR

A site plan shall be deemed a minor site plan if it satisfies all of the following conditions:

[Amended 9-10-2015 by Ord. No. 15-09]

A combined total of less than 2,000 square feet of gross floor area will be converted to a new use and/or will be newly constructed.

Less than 10 additional off-street parking places will be required.

Less than 6,000 square feet of impermeable or impervious surface coverage will be added to the land, including but not limited to coverage required by new parking spaces and new construction.

(4)

Less than 7,000 square feet of surface area of land will be disturbed (using the definition of "disturbance" that appears in the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.); and

(5)

The site plan will not be for earth extraction, resource extraction or mining.

SPLIT-LEVEL HOUSE

Single-family dwelling having floor levels so staggered that each is about 1/2 story above or below the adjacent one and having at least a portion of the dwelling consisting of two stories.

STANDARDS OF PERFORMANCE

Standards:

Adopted by ordinance pursuant to N.J.S.A. 40:55D-65d regulating noise levels, glare, earth-borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects, or conditions and such matters as may be reasonably required by the municipality; or