[Ord. No. 96/4 § 13-6; Ord. No. 98-1; Ord. No.
2001-4 § 2; Ord. No. 2001-10 § 2; Ord. No. 2002/16 § 1; Ord. No. 2006/15 § 3; Ord. No. 2011-17 § 1; Ord. No. 2013-03 §§ 1, 2; Ord. No. 2015-10 §§ 1, 9, 10]
Definitions and usages. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the meanings
as herein defined. Any word or term not noted below shall be used
with a meaning as defined in Webster's Third New International Dictionary
of the English Language, unabridged (or the latest edition). Whenever
a term is used in this chapter which is defined in N.J.S.A. 40:55D-1,
et seq., such term shall have the same meaning as the state statute.
ACCESSORY BUILDING OR STRUCTURE
A building or structure, detached from the principal structure,
the use of which is customarily, incidental and subordinate to that
of the principal building located on the same lot.
ACCESSORY USE
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
ADDITION
A structure added to an original structure at some time after
the completion of the original. Additions generally will be either
a fill-in type, an extension type, or a combination of both types.
Fill-in additions typically will apply to T-, L-, or U-shaped structures
where additions are made which, when completed, leave the structure
with an outline more rectangular in shape. When combination additions
are made to structures that are nonconforming due to encroachments
into setback regions, it may be necessary to distinguish between the
fill-in part and the extension part when considering whether a variance
is required. See Figure 1 below:
[Amended 11-3-2021 by Ord. No. 2021-09]
ADMINISTRATIVE OFFICER
The Township Clerk of the Township of Hardwick, unless a
different municipal official is designated by the Township to administer
its land development ordinance.
AGRICULTURAL STAND
A booth or stall located on a farm from which agricultural
products are sold to the general public.
AGRICULTURE
See definition of "Agriculture- Commercial" of the Hardwick Township Land Development Ordinance, Chapter
13, §
13-6.
AGRICULTURE, COMMERCIAL
The production, keeping or maintenance, for sale, lease or
personal use, of plants and animals useful to man, including but not
limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, horses, ponies, mules or goats, or any mutations
or hybrids thereof, including the breeding and grazing of any or all
of such animals; bees and apiary products; fur animals; fruits of
all kinds, including grapes, nuts and berries; vegetables; floral,
ornamental and greenhouse products; or lands devoted to a soil conservation
or forestry management program. Feedlot operations are prohibited.
AGRICULTURE, RESIDENTIAL
The growing and harvesting of agricultural crops including
vegetable and flower gardens typically associated with single family
dwellings, and the keeping of non-household animals for the enjoyment
of the residents on the property. Incidental sales which are not principally
directed towards generating a livelihood shall not invalidate a determination
that an agricultural use is residential in nature.
ALTERATION
Any change or rearrangement in the supporting members of
an existing building such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows
or any enlargement or diminution of a building or structure. Alteration
shall not be construed to mean any necessary repairs and renovation
of an existing structure solely for the purpose of maintenance and/or
improvements of the appearance.
ANIMAL KENNEL
Any building, structure or premises in which animals are
kept, boarded, bred or trained for commercial gain.
APPLICANT
The landowner or the agent, optionee, contract purchaser
or other person authorized to act for the landowner in submitting
an application under this chapter.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to § 25 or § 27
of P.L. 1975, c. 291 (C. 40:55D-34 or C. 40:55D-36).
BASEMENT
A space having one-half (1/2) or more of its floor-to-ceiling
height above the average level of the adjoining ground and with a
floor-to-ceiling height of not less than six and one-half (6 1/2)
feet.
BERM
A mound of earth or the act of pushing earth into a mound.
BLOCK
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or any
other barrier to the continuity of development.
BUFFER
Open spaces, landscaped areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another so as to visually shield or block noise,
lights, or other nuisances.
BUILDING
Any structure having a roof supported by columns, posts,
piers or walls and intended for the shelter, business, housing or
enclosing of persons, animals, property or materials of any kind.
BUILDING BULK OUTLINE
The smallest rectangular perimeter that fully encloses a
building. For purposes of defining the building bulk outline, projecting
features, such as porches, are considered part of the building when
these areas rest on permanent foundations, regardless of type, that
extend to a depth below the frost line.
[Added 7-6-2022 by Ord. No. 2022-05]
BUILDING COVERAGE
The ratio of the horizontal area of all principal and accessory
buildings measured from the exterior surface of the exterior walls
of the ground floor on a lot to the total lot area. See Figure 1.
Figure 1
|
BUILDING ENVELOPE
The two-dimensional space within which a structure is permitted
to be built on a lot and that is defined by minimum yard setbacks.
See Figure 1.
BUILDING HEIGHT
The vertical distance of a building measured from the finished
grade of the ground adjacent to the exterior walls of the building
to the highest roof beams on a flat or shed roof, the deck level on
a mansard roof and the average distance between the eaves and the
ridge level for gable hip and gambrel roofs. Mechanical equipment,
chimneys, air conditioners and similar appurtenances may exceed the
maximum height by no more than ten (10) feet. Church spires and steeples
and antennas may exceed the maximum height by no more than twenty-five
(25) feet. See Figure 2.
Figure 2
|
BUILDING LINE
A line parallel to the street line touching that part of
a building closest to the street. In the case of a cantilevered section
of a building, the building line will coincide with the most projected
surface. All yard requirements shall be measured to the "building
line." See Figure 1.
CALIPER
The diameter of a tree trunk measured in inches a distance
of six (6) inches off the ground.
CAMP
A place where individuals come for recreational and educational
activities supported by cabins, eating facilities, active and passive
recreational and educational facilities, which location shall be permanent
and the structures in support thereof shall be subject to all appropriate
building codes. The cabins and other lodging facilities shall be for
temporary use only in support of the active and/or passive recreational
and educational purpose of the camp.
CARTWAY
The paved area of a street between the curbs, including travel
lanes and parking areas but not including shoulders, curbs, sidewalks
or swales. Where there are no curbs, the "cartway" is that portion
between the parallel edges of the paved street width.
CELLAR
A space with less than one-half (1/2) of its floor to ceiling
height, above the averaged finished grade of the adjoining ground
or with a floor-to-ceiling height of less than six and one-half (6 1/2)
feet.
CERTIFICATE OF OCCUPANCY
A document issued by the Construction Official allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and will be used in compliance with all the
applicable State codes and municipal ordinances.
CHILD CARE CENTER
An establishment providing for the care, supervision, and
protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c. 492 (C. 30:5B-1 et seq.).
COMMON OPEN SPACE
Land within or related to a development, not individually
owned or dedicated for public use that is designed and intended for
the common use or enjoyment of the residents and their guests of the
development and may include such complementary structures and improvements
as are necessary and appropriate.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (C. 30:11B-1 et seq.) providing food, shelter, and personal
guidance, under such supervision as required, to not more than fifteen
(15) developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to: group homes, half-way houses,
intermediate care facilities, supervised apartment living arrangements,
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the "Health Care Facilities Planning
Act" (P.L. 1971, c. 136; c. 26:2H-1 et seq.). In the case of such
community residence housing mentally ill persons, such residence shall
have been approved for a purchase of service contract or an affiliation
agreement pursuant to such procedures as shall be established by regulation
of the Division of Mental Health and Hospitals of the Department of
Human Services.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(C. 30:40-1-14) providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than fifteen (15)
persons who have been victims of domestic violence, including any
children of such victims, who temporarily require shelter and assistance
in order to protect their physical and psychological welfare.
COMPLETE APPLICATION
An application containing or accompanied by the material
specified in this chapter.
CONCEPT PLAN
An informal map of the proposed subdivision or site plan
of sufficient accuracy and detail to be used for the purpose of discussion
and in furtherance of informal review in accordance with N.J.S.A.
40:55D-10.1.
CONDITIONAL USE
A use permitted in a particular zoning district upon showing
that such use will comply with the conditions and standards for the
location or operation of the use as specified in the zoning ordinance
and authorized by the approving agency.
CONSERVATION EASEMENT
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
CONSTRUCTION OFFICIAL
The Township official specified in the Building Code who
is charged with administering the land development regulations, together
with the Administrative Officer of the Township.
CRITICAL AREA
Water bodies, including streams, ponds and lakes, one-hundred
year flood plains, freshwater wetlands, transition areas and slopes
over thirty-five (35) percent.
CURB CUT
The depression of the curbline at which point vehicles, people
or surface water runoff cross the curbline.
DEDICATION
The transfer of property by the owner to another party.
DENSITY, GROSS
The number of dwelling units per gross area of land to be
developed.
DEVELOPMENT
The division of a parcel of land into two (2) or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; any
mining, excavation, landfill or land disturbances and any use, change
in use or extension of use of land for which permission may be required
pursuant to this chapter.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
non-point 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 and alleviation
of flooding.
DRIVEWAY
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a building or other structure
or facility.
DWELLING
A structure or portion thereof that is used exclusively for
human habitation.
EASEMENT
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
FAMILY
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
FAMILY DAY CARE HOME
A private residence which is registered as a family day care
home pursuant to the "Family Day Care Provider Registration Act,"
P.L. 1987, c. 27 (C. 30:5B-16 et seq.); and is further defined as
a private residence in which child care services are provided for
a fee to not less than three (3) and no more than five (5) children
at any one time for no less than fifteen (15) hours per week; except
that the division shall not exclude a family day care home with less
than three (3) children from voluntary registration.
FARM
A parcel of land used for agricultural activities.
FARM BUILDINGS
All structures useful or necessary for the conduct of agricultural
activities, including but not limited to barns, silos, cribs, mechanical
equipment storage sheds, animal pens, stables or other shelters.
FARM STAND
A structure for the display and sale of farm produce, which
structure shall not exceed six hundred (600) square feet in size.
All farm stands as defined herein shall be subject to minor
site plan review unless the structure is one hundred (100) square
feet or less and site plan review has not been recommended by the
Zoning Officer which said recommendation shall be provided to the
Planning Board.
Furthermore, the requirements and limitations contained in
the definition of "Farm Market" as referenced in the Right to Farm
Act, N.J.S.A. § 4:1C-3, shall apply.
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas.
FLOOD FRINGE AREA
That portion of the flood hazard area outside the floodway,
based on the total area inundated during the regulatory base flood
plus twenty-five (25%) percent of the regulatory base flood discharge.
See Figure 3.
FLOOD HAZARD AREA
The flood plain consisting of the floodway and the flood
fringe area. See Figure 3.
FLOOD PLAIN
The channel and the relatively flat area adjoining the channel
of a natural river, stream, watercourse, or any body of standing water
that has been or may be covered by floodwater and consisting of the
floodway and flood fringe area. See Figure 3.
FLOODWAY
The channel of a natural stream or river and portions of
the flood plain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river. See Figure 3.
Figure 3
|
GARAGE, PRIVATE
A structure that is an accessory to the principal building
and that is used for the storage of motor vehicles and in which no
occupation, business or service for profit is carried on.
GARDEN CENTER OR NURSERY
Land, greenhouses and other temporary and permanent structures
used to raise flowers, shrubs, and plants for sale.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all enclosed floors
of a building including cellars, basements, mezzanines, penthouses,
corridors and lobbies from the exterior face of exterior walls, excluding
any space with a floor ceiling height of less than 6 feet 6 inches.
GROUND FLOOR
The first floor of a building other than a cellar or basement.
GROUP HOME
Any single-family dwelling used in the placement of children
pursuant to law recognized as a group home by the Department of Institutions
and Agencies in accordance with rules and regulations adopted by the
Commissioner of Institutions and Agencies, provided, however, that
no group home shall contain more than twelve (12) children.
HISTORIC DISTRICT
One (1) or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association,
that is organized in a residential development in which individual
owners share common interests and responsibilities for costs and upkeep
of common open space or facilities.
HOUSE OF WORSHIP
A building or structure that, by design or construction,
is primarily intended for conducting organized religious services
and associated accessory uses.
HOUSEHOLD
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
IMPERVIOUS COVERAGE
That portion of the lot that is covered by nonpermeable surfaces,
including but not limited to, buildings, parking areas, driveways,
service areas, streets, walkways, patios, pools and plazas. All required
parking areas which are permitted to remain unimproved and all gravel
areas and landscape areas lined with weed-inhibiting plastic sheeting
shall be considered as impervious surfaces.
LANDSCAPE PLAN
A component of a development plan on which is shown: proposed
landscape species (such as number, spacing, size at time of planting
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffers and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the approving
authority.
LOT
A designated parcel, tract or area of land established by
plat, subdivision, court order or as otherwise permitted by law, to
be separately owned, used, developed or built upon.
LOT AREA
The total area within the lot lines of a lot.
LOT, CORNER
A lot or parcel of land abutting upon two (2) or more intersecting
streets, or upon two (2) parts of the same street forming an interior
angle of less than one hundred thirty-five (135) degrees.
LOT DEPTH
The average distance measured from the front lot line to
the rear lot line.
LOT, FRONTAGE
The length of the front lot line measured at the street right-of-way
line.
LOT, FLAG
A lot having access to the public street by means of a fifty
(50) foot wide access strip which is included in fee as part of the
single lot. See the figure annexed.
a.
|
The illustration for the term "flag lot" and as defined in the
chapter as "lot, flag." [Ord. No. 2015-10 § 9]
|
Figure 4
|
LOT, REVERSE FRONTAGE
A through lot which is not accessible from one of the parallel
or non-intersecting streets upon which it fronts. See Figure 5.
Figure 5
|
LOT, THROUGH
A lot that fronts upon two (2) parallel streets or that fronts
upon two (2) streets that do not intersect at the boundaries of the
lot.
LOT LINE
A line of record bounding a lot that divides one lot from
another adjoining lot or from a public or private street or any other
public space.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way,
also referred to as a "street line." See Figure 1.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line, or, in the case of triangular or otherwise irregularly shaped
lots, a line at least ten (10) feet in length entirely within the
lot, parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. See Figure
1.
LOT WIDTH
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum building setback line.
LOW-INCOME HOUSING
Housing affordable according to standards established by
the New Jersey Council on Affordable Housing for home ownership and
rental costs, occupied or reserved for occupancy by households with
a gross household income equal to fifty (50) percent or less of the
median gross household income of households of the same size within
the housing region in which the housing is located, and which is subject
to affordable controls promulgated by the Council.
MAINTENANCE GUARANTEE
Any security, including but not limited to, letters of credit,
sureties, bonds and cash that may be required and accepted by the
Township to assure that necessary improvements will function as required
for a specific period of time.
MAJOR SITE PLAN
Any site plan which is not classified as a minor site plan.
MASTER PLAN
A composite of one (1) or more written or graphic proposals
for the development of the Township as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28 et seq.
MINIMUM SETBACK LINE
A line entirely within a lot drawn parallel to a lot line
at a distance from the lot line equal to the associated minimum required
setback. At points where one setback line intersects with another,
both lines end. In aggregate, and absent other constraints, the space
within the minimum setback lines defines the building envelope.
[Added 11-3-2021 by Ord. No. 2021-09]
MINIMUM SETBACK REQUIREMENT
The shortest setback distance permitted between a building,
or other structures subject to setback requirements, and a lot line,
such distances measured perpendicularly to lot lines. In general,
minimum setback requirements are defined for the front line, the rear
line, and side lines.
[Added 11-3-2021 by Ord. No. 2021-09]
MINOR SITE PLAN
A development plan for less than one thousand (1,000) square
feet of gross floor area or less than a ten (10) percent increase
in impervious surface coverage, provided the site plan.
1.
Conforms to the zoning requirements;
2.
Involves neither a planned development, a new street, or extension
of any off-tract improvements which is to be pro-rated pursuant to
N.J.S.A. 40:55D-52; and
3.
Contains the information reasonably required to make an informed
decision for approval of a minor site plan.
MINOR SUBDIVISION
A subdivision of land that does not involve any of the following:
1.
The creating of more than three (3) lots [two (2) new lots and
the remaining parcel], each fronting on an existing street or road;
4.
The extension of any off-tract improvements.
MODERATE-INCOME HOUSING
Housing affordable according to the standards established
by the New Jersey Council on Affordable Housing for home ownership
and rental costs, occupied or reserved for occupancy by households
with a gross household income in excess of fifty (50) percent, but
less than eighty (80) percent, of the median gross household income
for households of the same size within the housing region in which
the housing is located, and which is subject to affordability controls
promulgated by the Council.
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or Township Committee
or any agency created by or responsible to Hardwick Township when
acting pursuant to this chapter.
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to
the adoption, revision or amendment of the zoning ordinance but that
fails by reason of such adoption to conform to the requirements of
this chapter.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of an ordinance
or any amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of this chapter.
NONCONFORMING STRUCTURE
A structure or building, the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment to
the zoning ordinance but that fails by reason of such adoption, revision
or amendment to conform to the requirements of this chapter.
NONCONFORMING USE
A use or activity that was lawful prior to the adoption,
revision or amendment of the zoning ordinance but that fails by reasons
of such adoption, revision or amendment to conform to the requirements
of this chapter.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) that is the subject
of a development application or within a contiguous portion of a street
or other right-of-way.
OFF-TRACT
Not located on the property that is the subject of a development
application nor on a contiguous portion of a street or other right-of-way.
ON-SITE
Located on the lot that is the subject of an application
for development.
ON-SITE WASTEWATER DISPOSAL SYSTEM
A watertight receptacle that receives the discharge of sewage
from a building, sewer or part thereof and is designed and constructed
so as to permit settling of solids, digestion of the organic matter
and discharge of the liquid portion into a disposal area in accordance
with current regulations of the New Jersey Department of Environmental
Protection and the Warren County Health Department.
ON-TRACT
Located on the property that is the subject of a development
application or on a contiguous portion of a street or other right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for agricultural
uses or passive recreation.
OPEN SPACE/GOVERNMENT USES
Facilities owned by a governmental agency and are limited
to parks, playgrounds, trails, paths and other recreational areas
and open spaces, as well as fish and wildlife management areas, scenic
and historic sites.
OUTBUILDING
A separate accessory building or structure not physically
connected to the principal building and located on the same lot.
OUTDOOR STORAGE
The keeping, in an unroofed area, of any items including,
but not limited to, goods, junk, material, trailers, merchandise and
vehicles in the same place for more than twenty-four (24) hours.
OWNER
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek development
of land.
PARKING LOT
An off-street area, usually improved, for the temporary storage
and circulation of motor vehicles.
PARKING SPACE
A space for the parking of one (1) motor vehicle within a
public or private parking area, but not within a dedicated street.
PERFORMANCE GUARANTEE
Any security, including but not limited to letters of credit,
security bond or cash that may be accepted by the Township to assure
that improvements required as part of an application for development
are satisfactorily completed.
PLAT
A map of a subdivision or site plan.
PORCHES
A roofed open area, which may be screened, usually attached
to or part of and with direct access to or from a building.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained
for the conduct of that profession.
PUBLIC DRAINAGE WAY
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen non-point
pollution.
PUBLIC IMPROVEMENTS
Improvements which a municipal agency may deem necessary
or appropriate, including but not limited to streets, grading, pavement,
gutters, curbs, sidewalks, street lighting, shade trees, surveyor's
monuments, water mains, culverts, storm sewers, sanitary sewers, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space, and in the case of site plans, other on-site
improvements of landscaping.
PUBLIC UTILITY
A closely regulated enterprise with a franchise for providing
to the public a utility service deemed necessary for the public health,
safety and welfare. Facilities are limited to poles, lines, pipes,
pumping stations, valves and all buildings and structures related
to the foregoing for the purpose of providing electric, gas, telephone
and water permitted.
QUORUM
A majority of the full authorized membership of a board or
agency.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including but not limited to travel trailers, truck campers, camping
trailers and self-propelled motor homes.
RESIDENTIAL CLUSTER
A form of planned residential development to be developed
as a single entity according to a plan, and containing residential
housing units that have a private or public open space area as an
appurtenance.
RESUBDIVISION
The further division of a lot or the relocation of lot lines
of any lot or lots within a subdivision previously approved and recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any such subdivision, but not including
conveyances made so as to combine existing lots by deed or other instrument.
SCHOOL
Any building or part thereof which is designed, constructed
or used for education of students up to and through the secondary
level.
SETBACK
The distance between a lot line and the closest part of a
building when measured perpendicularly to the lot line.
[Amended 11-3-2021 by Ord. No. 2021-09]
SIGHT TRIANGLE
A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas
fabric, plywood or other light material and designed or intended to
be displayed for a short period of time.
SIGN
Any object, device, display or structure or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images.
SIGN AREA
The entire face of a sign, including the advertising surface
and any framing, trim or molding, but not including the supporting
structure.
SIGN, BILLBOARD
A sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located.
SIGN, BUSINESS
A sign that directs attention to a business or profession
conducted or to a commodity or service sold, offered or manufactured,
or to an entertainment offered on the premises where the sign is located.
SIGN, CONSTRUCTION
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, which may
indicate the name of the development project and the names of the
occupant and principal designers such as architects, engineers, landscape
architects, contractors or similar artisans and the owners, financial
supporters, sponsors and similar individuals or firms having a role
or interest with respect to the structure or project.
SIGN, DIRECTIONAL
A sign limited to directional symbols and/or messages, principally
for pedestrian or vehicular traffic.
SIGN, FACE
The area or display surface used for the message.
SIGN, FLASHING
Any directly or indirectly illuminated sign that exhibits
changing natural or artificial light or color effects by any means
whatsoever.
SIGN, GOVERNMENTAL
A sign erected and maintained pursuant to and in discharge
of any governmental functions or required by law, ordinance or other
governmental regulation.
SIGN, GROUND
Any sign, other than a pole sign, in which the entire bottom
is in contact with or is close to the ground and is independent of
any other structure.
SIGN, ILLUMINATED
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
SIGN, REAL ESTATE
A sign pertaining to the sale or lease of the premises or
a portion of the premises on which the sign is located.
SIGN, TEMPORARY
A sign or advertising display constructed of cloth, canvas
fabric, plywood or other light material and designed or intended to
be displayed for a short period of time.
SITE PLAN
A development plan of one (1) or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage flood plains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to the
Planning Board, adopted pursuant to N.J.S.A. 40:55D-37 et seq.
STEALTH TOWER STRUCTURE
Man-made trees, clock tower, bell steeples, light poles,
flag poles and other similar alternative-design mounting structures
that camouflage and/or conceal the presence of antennas or towers.
STORAGE SHED
An accessory building used for the storage of items such
as, but not limited to, tools, lawn and garden equipment and furniture,
and similar items of personal property belonging to the occupant of
the principal structure.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor next above
it, or if there is no floor above it, then the space between the floor
and the ceiling next above it and including those basements used for
the principal use.
STORY, HALF
A space under a sloping roof that has the line of intersection
of the roof and wall face not more than three (3) feet above the floor
level and in which space the possible floor area with headroom of
five (5) feet or less occupies at least forty (40) percent of the
total floor area of the story directly beneath.
STREAM
A watercourse having a source and terminus, banks and channel
through which waters flow at least periodically.
STREET
Any vehicular way that is: (1) an existing State, County
or municipal road; (2) shown upon a plat approved pursuant to law;
(3) approved by other official action; or (4) shown on a plat duly
filed and recorded in the office of the County Clerk prior to the
appointment of a Planning Board and the grant to such Board of the
power to review plats. A "street" includes the land between the street
right-of-way lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas.
STREET, COLLECTOR
A street that collects traffic from local streets and connects
with major and minor arterials. See Figure 6.
STREET, CUL-DE-SAC
A street with a single common ingress and egress with a turnaround
at the end. See Figure 6.
STREET, DEAD END
A street with a single common ingress and egress. See Figure
6.
STREET, LOCAL
A street intended primarily for access to individual properties
and designed for local traffic. See Figure 6.
STREET, LOOP
A local street that has its only ingress and egress at two
(2) points on the same collector street. See Figure 6.
STREET, MAJOR ARTERIAL
Any street or road intended to carry large traffic volumes
at steady speeds through the Township. See Figure 6.
STREET, MINOR ARTERIAL
Any street that collects and distributes traffic to and from
collector streets. See Figure 6.
STREET, SERVICE
A street running parallel to a freeway or major arterial
and serving abutting properties. See Figure 6.
Figure 6
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STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of land or water.
SUBDIVISION
The division of a lot, tract or parcel of land into two (2)
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 or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five (5) 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 other recorded instrument;
and
5.
The conveyance of one (1) 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 Land Development Ordinance of Hardwick Township
and are shown and designated as separate lots, tracts or parcels on
the tax map or atlas of the Township.
The term "subdivision" shall also include the term "resubdivision."
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TOWNSHIP
The Township of Hardwick, Warren County, New Jersey.
TRACT
A parcel, property or area of land comprised of one (1) or
more lots adjacent to one another established by a plat or otherwise
as permitted by law to be used, developed or built upon as a unit.
TRANSITION BUFFER
A landscaped area intended to act as a visual separation
between two (2) land uses of different intensity.
USE
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
WELL
On-site subsurface source of water supply, including pumping
and treatment equipment to provide irrigation or potable water service
to a lot or lots in accordance with regulations of the New Jersey
Department of Environmental Protection and the Warren County Health
Department.
WIRELESS TELECOMMUNICATIONS ANTENNAS
Antennas which are used for the transmission and/or reception
of wave frequencies for the purposes of telephone, radio, paging and/or
television communication. Said wireless antennas shall be permitted
as conditional uses in accordance with the specific zoning conditions
and standards for their location and operation included within this
chapter. For the purposes of this chapter, wireless antennas shall
not be considered to be a public utility.
WIRELESS TELECOMMUNICATIONS TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers or monopole towers. Guyed towers are not permitted
within the Township. The term includes, but is not limited to, radio
and television transmission towers, microwave towers, and common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term also includes the structure and any support thereto.
YARD
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in the ordinance is unoccupied and unobstructed from the ground
upward except as may be specifically provided in the zoning ordinance.
YARD, FRONT
A space extending the full width of the lot between the principal
building and the front lot line and measured perpendicularly from
the front lot line to the closest point to the front lot line. See
Figure 7.
[Amended 11-3-2021 by Ord. No. 2021-09]
YARD, MINIMUM
The space between a lot line and its associated minimum setback
line. The minimum yard shall be unoccupied by man-made structures
subject to setback requirements except as may be specifically provided
in the zoning ordinance or as a consequence of being pre-existing
or approved by means of a variance. Note that minimum yards, as these
serve to define setback areas, generally will not coincide with actual
yards once a principal structure is in place. In aggregate, minimum
yards for the front, rear, and sides taken together with the building
envelope comprise the entire area of the lot.
[Added 11-3-2021 by Ord. No. 2021-09]
YARD, REAR
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicularly
to the rear lot line to the closest point of the rear lot line. See
Figures 1 and 7.
[Amended 11-3-2021 by Ord. No. 2021-09]
YARD, SIDE
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicularly
from the side lot line to the closest point of the principal building.
See Figures 1 and 7.
Figure 7[Amended 11-3-2021 by Ord. No. 2021-09]
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YARD LINE
A line drawn parallel to a lot line at a distance therefrom
equal to the depth of the required yard.
ZONE
A specifically delineated area or district within which uniform
regulations govern the use, placement, spacing and size of land and
buildings.
ZONING BOARD
The Zoning Board of Adjustment as established under this
chapter.
ZONING MAP
The map annexed to and made a part of this chapter, indicating
zone boundaries.
ZONING PERMIT
A document, signed by the Zoning Officer, which ever is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building or which acknowledges that
such use, structure or building complies with the provisions of the
municipal zoning ordinance or variance therefrom duly authorized by
the appropriate agency of Hardwick Township pursuant to N.J.S.A. 40:55D-60
and 40:55D-70.