[Ord. #528; Ord. #566-80; Ord. #654-84, § 3; Ord.
#662-84, § 1; Ord. #674-85, § 1; Ord. #686-85,
§ 30; Ord. #723-86, §§ 30, 31; Ord. #788-88,
§ 2; Ord. #798-88, § 5; Ord. #817-89, § 3;
Ord. #90-851, § 2; Ord. #90-853, § 6; Ord. #91-985,
§ 1; Ord. #91-901, § 1; Ord. #94-978, § 6;
Ord. #97-1074, § 1; Ord. #97-1079; Ord. #98-1086, §§ 18
— 20; Ord. #00-1171, § 2; Ord. #01-1218, § 3;
Ord. #02-1268; Ord. #03-1298, § 4; Ord. #04-1325, § 22;
Ord. #04-1328, § 5]
NOTE: Any word or term not defined herein or in the Municipal
Land Use Law shall be used with a meaning of standard usage for the
context in which the word is used.
Shall mean the structure or building in which a permitted
accessory use is conducted in association with a separate building
on the same premises in which the primary permitted use is conducted.
Shall mean 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 non
complying 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 40:55D-38 and measured against the design and performance
standards of this chapter.
Shall mean land which is devoted to the production for sale
of plants and animals, including but not limited to: forages and sod
crops; grain and feed crops, dairy animals and dairy products; poultry
and poultry products; livestock, including beef, cattle, sheep, horses,
ponies, mules or goats, including the breeding and raising of any
or all such animals; bees and apiary products; fur animals; trees
and forest products; or when devoted to and meeting the requirements
and qualifications for payments to other compensation pursuant to
a soil conservation program under an agreement with an agency of the
Federal government. For purposes of this chapter, agricultural use
does not include a dwelling. See definition of "Farm."
Shall mean the growing and harvesting of crops and/or the
raising and breeding of poultry and livestock including dairies, nurseries,
greenhouses and accessory buildings incidental to agricultural uses.
Shall mean any use of land or water, or both, which may create
a dangerous condition for persons or property in or about an airport
or aircraft during landing or taking off at an airport; or, any structure
or tree which obstructs the airspace required for the flight of aircraft
in landing or taking off at an airport.
Shall mean any area of land or water, or both, upon which
an airport hazard might be created or established if not prevented
by the "Air Safety and Hazardous Zoning Act" (P.L. 1983, c. 260) and
related provisions of this chapter.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit.
Shall mean an advisory committee comprised of two planning
board members appointed by the chairman, the planning board attorney,
township engineer, a representative of the township health department,
the administrative officer and when appropriate a representative of
the board of adjustment formed for the purpose of reviewing and determining
the completeness of all applications made to the planning board, as
well as those applications referred by the board of adjustment which
requires site plan review.
Shall mean 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.
Shall mean an attached unit similar to a townhouse except
it is arranged to produce a private yard designed for privacy through
the use of building walls on at least two sides of the yard with fencing
and/or walls on the remaining two sides. More than two units can be
attached.
Shall mean a commercial bank, savings and loan, or savings
bank.
Shall mean an accessory building on a farm used primarily
for the storage of grain, hay and other farm products, and for sheltering
livestock.
Shall mean the horizontal projection in plan, of all covered
or roofed areas of a structure, whether temporary or permanent.
Shall mean the area of a lot covered by buildings measured
on a horizontal plan around the periphery of the foundation(s) and
including the area under the roof of any structure supported by columns
or walls as measured around the extremities of the roof above the
columns.
Shall mean a facility for the care, development and supervision
of children up to the age of 18 years, who attend the facility for
less than 24 hours a day.
Shall mean the principal structure used by a religious society
or congregation incorporated pursuant to the provisions of N.J.S.A.
16:1-1 et seq., for public worship, ritual and ceremony.
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, railways, waterways, towers, airways,
pipes and conduits, and the handling of people and goods by such means
as terminals, stations, warehouses, and other storage buildings or
transshipment points.
Shall mean an area to be developed as a single entity according
to a plan containing residential housing units which have a common
or public open space area as an appurtenance.
Shall mean the New Jersey Council on Affordable Housing.
Shall mean 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.
Shall mean a community residential facility licensed pursuant
to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal
guidance, under such supervision as required, to not more than 15
persons with head injuries, who require assistance, temporarily or
permanently, in order to live in the community, and shall include,
but not be limited to: group homes, halfway houses, 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" (N.J.S.A. 25:2H-1 et al.).
Shall mean any community residential facility operated as
a hospice program providing food, shelter, personal guidance and health
care services, under such supervision as required, to not more than
15 terminally ill persons.
Shall mean 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 N.J.S.A.
30:14-1 et seq., providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than 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 or psychological welfare.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in the zoning ordinance, and upon the issuance
of an authorization therefor by the planning board.
Shall mean a subdivision which employs a fixed minimum lot
size requirement, as specified in the appropriate district regulations.
Shall mean a lot located at the intersection of two streets.
A lot abutting a curved street shall be considered a corner lot if
straight lines drawn from the foremost point of the lot meet at an
interior angle of less than 135°.
Shall mean areas having serious soil limitations for development
due to slopes exceeding 18%, flood hazard areas, stream corridors,
seasonal high water tables less than 1.0 feet, good to excellent ground
water recharge areas as shown in the master plan and natural resources
inventory, depth to bedrock less than 2.0 feet, and Beech Grove climax
vegetation. (Assistance can be received from the master plan and the
township's natural resources inventory.)
Shall mean the angle, measured up from nadir, between the
vertical axis and the first line of sight at which the bare source
is not visible.
Shall mean a light fixture with less than 2.5% of its light
distribution occurring at a vertical angle 90° and above nadir,
and less than 10% of its light distribution occurring at a vertical
angle 80° and above nadir. This applies to all lateral angles
around the fixture.
FULL CUTOFF LIGHT FIXTUREShall mean a light fixture that produces no light at a vertical angle 90° and above nadir, and no more than 10% of its light distribution occurs at a vertical angle 80° and above nadir. This applies to all lateral angles around the fixture.
SEMI-CUTOFF LIGHT FIXTUREShall mean a light fixture with less than 5% of its light distribution occurring at a vertical angle 90° and above nadir, and less than 20% of its light distribution occurring at a vertical angle 80° and above nadir. This applies to all lateral angles around the fixture.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall mean a number expressing the number of units per acre
on that portion of a tract devoted to a specific housing type, including
streets, parking areas, driveways, and yards, but excluding other
areas to be set aside for common property and/or public areas.
Shall mean a number expressing dwelling units per gross acre
of land except that watercourses, areas with seasonal high water tables
at the surface, and areas with slopes in excess of 20% slopes shall
receive no density credit and may not be used in calculating the number
of units to be permitted on the tract. Areas away from the stream,
but within the 100-year flood plain, and areas with slopes between
10-20%, and areas with seasonable high water tables between 0.5 and
1.5 feet shall receive half credit. For purposes of this chapter,
the delineation of areas of seasonal high water tables shall be as
shown on the Soil Conservation Service maps, except that if an applicant
desires to use site-specific information, the seasonal high water
tables shall be certified and sealed by a licensed professional engineer
based on tests witnessed by the township construction official.
Shall mean a central water supply system for a development
which obtains water from one or more deep wells which have been specifically
approved by the Hopewell Township Municipal Utilities Authority and
the New Jersey Department of Environmental Protection as not posing
risks to the continued availability of water for other township users.
Shall mean the relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood or reasonable expectancy, reflects both flood experience and flood potential, and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof. (Chapter 12.)
Shall mean the elevations of the water surface of the floodway design flood and the flood hazard area design flood as shown on the flood map. (Chapter 12.)
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, any use or change in the
use of any building or other structures, or land or extension of use
of land for which permission is required pursuant to this chapter.
Shall mean a severe, chronic disability of a person which:
(1) is attributable to a mental or physical impairment or combination
of mental or physical impairments; (2) is manifest before age 22;
(3) is likely to continue indefinitely; (4) results in substantial
functional limitations in three or more of the following areas of
major life activity, that is, self-care, receptive and expressive
language, learning, mobility, self-direction and capacity for independent
living or economic self-sufficiency; and (5) reflects the need for
a combination and sequence of special interdisciplinary or generic
care, treatment or other services which are of lifelong or extended
duration and are individually planned and coordinated. Developmental
disability includes, but is not limited to, severe disabilities attributable
to mental retardation, autism, cerebral palsy, epilepsy, spina bifida
and other neurological impairments where the above criteria are met.
Shall mean money paid by an individual, person, partnership,
association, company, or corporation for the improvement of property
as permitted in this ordinance and by COAH's rules.
Shall mean a zoning ordinance, subdivision ordinance, site
plan ordinance, official map ordinance or other municipal regulation
of the use and development of land, or amendment thereto adopted and
filed pursuant to this law.
Shall mean the effect of stray light in the eye whereby visibility
and visual performance are reduced.
Shall mean the sensation produced by luminance within the
visual field that is sufficiently greater than the luminance to which
the eyes are adapted, causing annoyance or discomfort, but not loss
of visual performance.
Shall mean any activity involving the clearing, excavating,
storing, grading, filling or transporting of soil or any other activity,
which causes soil to be exposed to the danger of erosion.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control of runoff
to minimize erosion and sedimentation during and after construction
of development and means necessary for water supply preservation or
prevention or alleviation of flooding.
Shall mean the lands required 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 therein to safeguard the public against flood damage in accordance
with Title 58, N.J.S.A.
Shall mean a suitably maintained private road giving access
from a public way to off-street traffic facilities and structures
contiguous thereto.
Shall mean a room or series of connected rooms containing
living, cooking, sleeping and sanitary facilities for one family.
Shall mean a two, three or four unit dwelling in which the
units are attached at the sides and/or rears in various combinations
so the design incorporates a private balcony or patio or other limited
outdoor, but private, space. The structure is usually designed to
have the look of a large single family home.
Shall mean a detached building containing one dwelling unit.
For purposes of this chapter, modular homes shall be considered single
family dwellings.
Shall mean a dwelling unit in a garden apartment building
consisting of a bath plus one main room without permanent separations
to be used for living, dining and bedroom facilities, with a kitchen
area separated from the main room by either a permanent wall or a
sliding or some other temporary partition.
Shall mean the value of 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
required by law. Estimates at the time of building permit may be established
by the tax assessor utilizing estimates for construction cost. Final
equalized assessed value will be determined at project completion
by the municipal tax assessor.
Shall mean a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the New Jersey State Soil Conservation Committee and administered by the Mercer County Soil Conservation District. (Chapter 9.)
Shall mean one or more persons customarily living as a single
housekeeping unit. The family shall be deemed to include full-time
servants who have no other employment. More than five persons, exclusive
of domestic servants, not related by blood, marriage, adoption, or
approved foster care arrangements, but living on the same premises,
shall not be considered to constitute a "family."
Shall mean any large tract of land, and premises, containing
five contiguous acres or more, plus acreage for the home, used for
raising crops and rearing livestock or fowl and containing one or
two dwelling units.
Shall mean a plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources. (Chapter 12.)
Shall mean an accessory building located on a farm that is
used only on a seasonal basis for the sale of vegetables, fruit and
other consumable farm products actually raised on the farm on which
the facility is located.
Shall mean a commercial establishment where food and drink
prepared for immediate consumption is purchased at a counter or drive-up
window and either eaten on the premises, in the purchaser's automobile,
or off the premises. Those restaurants where food is consumed only
at tables on the premises and served either cafeteria style or by
waiters and waitresses shall not be deemed "fast food restaurants."
"Fast food restaurants" shall also not include those retail stores
where food is primarily sold for preparation and consumption elsewhere,
although as a secondary use of the premises, prepared food may also
be sold over the counter for immediate consumption, such as a delicatessen.
Shall mean the final map of proposed development presented
for final approval in accordance with these regulations and which,
if approved as a subdivision, shall be filed with the Mercer County
Recording Officer.
Shall mean the floodway, and additional portions of the flood plain that are subject to flood flow at lesser depths and lower velocities than the floodway, that are inundated by the flood hazard area design flood and that are delineated on the flood map as Zone A. (Chapter 12.)
Shall mean the relatively flat area adjoining the channel
which has been or may be hereafter covered by flood water of the stream.
Shall mean the channel and portions of the adjacent flood plain that carry the greater part of flood flow at greater depths and velocities than do the other parts of the flood plain that constitute the minimum area required for the passage of flood flows without aggravating flood conditions upstream and downstream, that are necessary to preserve the natural regimen of the stream for the reasonable passage of the floodway design flood and that are delineated on the flood map. (Chapter 9.)
Shall mean the sum of the gross horizontal areas of the floor
or floors of a building which are enclosed and usable for human occupancy.
Such areas or area shall be measured between the inside face of exterior
walls. Such area or areas shall not include basement areas or accessory
building space, whether the latter be attached or detached, or any
parking garages.
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site. For the purposes
of calculating floor area ratio, the area of all floors of buildings
or structures shall have the same meaning as "floor area" as defined
above.
Shall mean a unit of illuminance on a surface one foot square
in area onto which there is a uniform flux of one lumen.
Shall mean a unit of luminance of a surface reflecting or
emitting light at the rate of one lumen per square foot. The average
luminance of any reflecting surface is the product of the illuminance
in footcandles striking the surface times the reflectance of the surface.
Shall mean a detached accessory building or portion of a
principal building for the parking or temporary storage of vehicles
of the occupants of the principal building with adequate dimensions
to accommodate one or more parked vehicles, a door able to be opened
to permit the vehicle(s) to enter the building, and a driveway leading
to the door(s).
Shall mean a dwelling unit in a building having two or more
dwelling units where entrance ways, hallways, basements, attics, heating
systems, yards, and similar services in the building are shared in
common, singly or in combination.
Shall mean a comprehensive plan for the development of a
planned development on a large tract as set forth in the applicable
zoning district and with a development period of at least five years.
Shall mean a private association of bona fide, dues paying
members which owns, or leases for a term of not less than 99 years,
50 or more contiguous acres wholly or partly in the Township of Hopewell,
and employs the same as a golf course for the sole use of bona fide
members and their guests.
Shall mean an area of 50 or more acres containing a full
sized golf course of at least nine holes, together with the necessary
and usual accessory uses and structures, such as, but not limited
to: club house facilities, dining and refreshment facilities, swimming
pools, tennis courts and the like, provided the operation of the accessory
facilities is incidental and subordinate to the operation of the golf
course.
Shall mean the total floor area in a structure measured by
using the inside face of exterior walls at each story. The floor area
of units sharing a common wall shall be measured from the center of
interior 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 and parking garages
but shall include all other areas including cellars, warehousing and
storage areas, regardless of ceiling height.
Shall mean the vertical dimension of a structure, as measured
from the average level of the finished grade along the wall of the
structure facing the nearest street to the highest part of the structure,
except that the following shall not be considered as part of the structure
for these purposes if they are less than 50 feet high and are less
than 25% of the maximum height for the structure which is permitted
in the zoning district:
Penthouses or roof structures for the housing of elevators,
stairways, tanks, ventilating fans, air-conditioning equipment or
similar mechanical equipment required to operate and maintain the
building; fire or parapet walls; skylights; spires; cupolas; flagpoles;
chimneys; and similar structures.
Shall mean an airport or portion thereof for the service,
storage and use of helicopters.
Shall mean a small fenced landing area maintained by a commercial
establishment for the picking up and discharge of its employees and
guests by helicopters. It shall have no service or other facilities.
Shall mean a nonprofit corporation operating under a recorded
land agreement through which (a) each lot owner, condominium owner,
stockholder under a cooperative development, or other owner of property
or interests in the project shall be a member; (b) 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 by the township, and (c) each
owner and tenant has a right to use the common property.
Shall mean the illuminance on a horizontal plane, expressed
in footcandles (fc).
Shall mean any building or integrated group of buildings,
containing 50 beds or more, licensed pursuant to the provisions of
N.J.S.A. 30:11-1, in which surgical and laboratory facilities are
located for the diagnosis, treatment and care of unrelated persons
who are sick, wounded, infirm or aged.
Shall mean a structure placed on or below the ground and
filled with water. The system includes devices to heat, circulate
and filter the water, and may or may not have an accompanying deck.
Hot tubs generally have more than 20 square feet of water surface
area, but shall not have more than 60 square feet of water surface
area. Facilities with more than 60 square feet of water surface area
shall be considered swimming pools.
Shall mean the Illuminating Engineering Society of North
America, an organization that recommends standards for the lighting
industry.
Shall mean the area density of the luminous flux incident
at a point on a surface. It is a measure of light incident on a surface
expressed in footcandles (fc).
Shall mean a total tract comprehensively planned, designed,
and approved for industrial or office uses whether or not the buildings
are erected in one development stage or over a period of time, but
where the streets, utilities and lots and/or tenant's parcels are
set forth on a plan for the entire tract prior to construction of
any portion of the tract. As development takes place in accordance
with the approved plans, changes may be made in the plans for the
undeveloped section to accommodate subsequent land needs provided
the modification conforms to logical extensions of installed segments
of streets, drainage, utilities and other facilities. Parks designed
for more than one building or for more than one tenant (but no subdivided
lots) shall have buildings spaced so that the mortgage and/or lease
lines shall conform to the requirements for lot lines as if the parcels
were being subdivided and in order to establish conformance with this
chapter for such matters as building setbacks, buffers, driveway locations,
and distances between buildings.
Shall mean (a) in a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and (b) in the case of a civil
proceeding in any court or in an administrative proceeding before
a municipal agency, any person, whether residing within or without
the municipality, whose right to use, acquire, or enjoy property is
or may be affected by any action taken under this chapter, or whose
rights to use, acquire, or enjoy property under this chapter, or under
any other title or any law of this State or of the United States have
been denied, violated or infringed by an action or a failure to act
under this chapter.
Shall mean a judgment issued by the Superior Court approving
the township's plan to satisfy its fair share obligation.
Shall mean any automobile which is no longer in actual use
as a motor vehicle, or which is wholly unfit without rebuilding or
reconditioning for use for public highway transportation, or which
has been discarded for use as a motor vehicle.
Shall mean any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion. (Chapter 12.)
Shall mean the multiplier used in maintained illuminance
calculations that accounts for ballast factor, lamp lumen depreciation,
luminaire dirt depreciation, and (for interior calculations) room
surface dirt depreciation.
Shall mean any form of illuminance from a luminaire located
on one property that emanates to another property.
Shall mean that suitably maintained areas of required off-street
traffic facilities devoted to one or more accessible loading spaces
for the use of commercial vehicles servicing the premises.
Shall mean 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.
Shall mean the area contained within the lot lines, including wetland buffer areas, but not including any portion of a street nor any lands within the 100-year flood plain of any watercourse or lake site, wetlands, any areas reserved for future roadways, or areas encompassed within any easements, except that in areas with sewer service, lot areas need only deduct streets, future roadways, and 100-year flood plains. The minimum lot area shall be determined in accordance with the provisions of Articles VIII and IX of this chapter and in accordance with Chapter 16 of the Revised General Ordinances of the Township of Hopewell, with the more restrictive applying. The minimum lot area of a lot fronting on a street proposed to be widened in the adopted master plan shall be the minimum area required for the district in which it is located plus the additional area needed to anticipate the widening of this street.
Shall mean a residential development option that allows a
range of minimum lot areas, provided that the maximum density for
the parcel is not exceeded.
Shall mean that portion of lot area which by reason of structures,
off-street traffic facilities or other improvements is highly resistant
to infiltration by water and includes patios and gravel driveways.
Shall mean 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.
Shall mean 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 900 feet, the lot frontage may be reduced
to a percentage of the minimum lot width as set forth in the following
chart. In the case of a corner lot, either side may be considered
the lot frontage, but the front yard setback shall be met from all
streets.
|
Outside Radius of Street Right-of-Way
|
Reduced Lot Frontage as Percent of Lot Width
|
|---|---|
|
Less than 500 feet
|
75%
|
|
500-599 feet
|
80%
|
|
600-699 feet
|
85%
|
|
700-799 feet
|
90%
|
|
800-899 feet
|
95%
|
|
900 feet or more
|
100%
|
Shall mean 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.
Shall mean that dimension which is the length of a line connecting
the points of intersection of the minimum front setback line and the
side lot lines.
Shall mean income limits established for low and moderate
income levels. Low income for the average household is less than 50%
of the median income. Moderate income is between 50% and 80% of the
median. For purposes of this chapter, the median income shall be the
applicable number published in the most recent "Income Limits" by
the United States Department of Housing and Urban Development. The
low and moderate income levels shall be based on the number of people
in the household as shown in that publication as of the date of issuing
each certificate of occupancy.
Shall mean light fixture; or complete lighting unit consisting
of a lamp, or lamps, and ballasting when applicable, together with
the pets designed to distribute the light, to position and protect
the lamps, and to connect the lamps to the power supply.
Shall mean a form of maintenance guarantee. Any security
which may be accepted by the township committee so as to insure the
maintenance and proper working of streets, utilities, sewers and the
like as well as the viability of planting shrubbery or other improvements
as may be required by the planning board. Such security shall be in
the form permitted and subject to the same approval as is provided
for performance guarantees.
Shall mean any security, other than cash, which may be accepted
by the township for the maintenance of any improvements required by
this chapter.
Shall mean all subdivisions not classified as minor subdivisions.
Shall mean an activity which involves the fabrication, reshaping,
reworking, assembly or combining of products from previously prepared
materials and which does not involve the synthesis of chemical or
chemical products or the processing of any raw materials. Manufacturing
includes light industrial operations such as electronic, machine parts
and small component assembly, as opposed to heavy industrial operations
such as automobile assembly or milling activities.
Shall mean any site of soft, wet land upon which the water
table is at or near the surface level of the ground.
Shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality, duly adopted
by the planning board.
Shall mean offices where patients are examined and treated
by physicians or dentists practicing as a group, but where no beds,
lodging or food are provided.
Shall mean the minimum permitted distance between the side
lot lines, measured parallel to the street line at the minimum building
setback. The lot frontage (i.e. the horizontal distance between the
side lot lines, measured along the street lines) may not be less than
the minimum lot width, except that on a curved street with an outside
radius of less than 500 feet and straight side lot lines from the
street to the minimum building setback the lot frontage may be reduced
to not less than 75% of the required minimum lot width. In the case
of a lot located at the corner of two streets, either side may be
considered as the front.
Shall mean a development plan of one or more lots which (1)
proposes new development within the scope of development specifically
permitted by ordinance as a minor site plan; (2) does not involve
planned development, any new street or extension of any off-tract
improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42;
and (3) contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
Shall mean a subdivision of land that does not involve (1)
the creation of more than three lots, inclusive of the remainder;
any prior subdivision of the same parcel after April 23, 1968 will
be included in determining how many lots are created; (2) a planned
development; (3) any new street; (4) extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Shall mean and include, but not be limited to, reforestation
and stabilization of all disturbed stream banks and all other disturbed
areas in the stream corridor and removal of all debris, re-establishment
of the integrity of the surrounding habitat by undertaking all feasible
actions, including, but not limited to, replacement of native vegetation
lost as a result of the disturbance to the stream corridor or rehabilitation
and cure of all other effects caused by disturbance to the stream
corridor.
Shall mean a series of eight or more attached rental units
with individual entrances from the exterior of the building to each
unit operated as a business to provide lodging for transient guests.
Shall mean the National Council on Qualifications for the
Lighting Professions, an organization that certifies core competence
in the field of illumination engineering. Professionals who have passed
a written test and maintain continuing education credits in accordance
with NCQLP guidelines are recognized as LC, lighting certified, professionals.
Shall mean a building and adjacent outside areas used for
the sale of plants, flowers, trees and related plant materials and
tools for planting, fertilizing and landscaping.
Shall mean a facility for the care, development and supervision
of children under the age of six years who attend the facility for
less than 24 hours a day.
Shall mean any permit issued to permit the occupancy of a
structure upon completion in accordance with plans and specifications
previously approved by the appropriate township officer or agency.
Shall mean improvements to accommodate conditions generated
by a proposed development, including, but not limited to, new improvements
and extensions and modifications of existing improvements. "Off-site"
means located outside the lot lines of the lot in question but within
the property (of which the lot is a part) which is the subject of
a development application or contiguous portion of a street or right-of-way.
"Off-tract" means not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean that portion of land, including any farm-related
dwelling or accessory buildings located thereon, that is voluntarily
deed-restricted by the landowner for forest resource conservation
or agricultural use in order to qualify for the open lands subdivision
pursuant to this chapter.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Shall mean any individual, partnership, corporation, trustee
or other legal entity having sufficient propriety interest in the
land sought to be subdivided or for which a variance or special exception
use is sought to commence and maintain proceedings to the same under
this chapter.
Shall mean an area either within a structure or in the open
for the parking of motor vehicles. The area of a parking space is
intended to be sufficient to accommodate the exterior extremities
of the vehicle whether, in addition thereto, wheel blocks are installed
within this area. The width and length of each space shall be measured
perpendicular to each other regardless of the angle of the parking
space to the access aisle or driveway.
Shall mean a single family detached unit on a small lot with
walls along the side yards for privacy, usually with the home placed
along one side lot line. The front and rear yard can also be walled.
Shall mean any security, which may be accepted by a municipality,
including cash; provided that the township shall not require more
than 10% of the total performance in cash.
Shall mean any use of land or buildings as permitted by this
chapter.
Shall mean the map of a subdivision or site plan.
Shall mean the plat submitted as a part of the application for preliminary approval. (Article III.)
Shall mean coniferous forest, deciduous forest, mixed forest
and plantation, as depicted on Figure 7 of the 2002 Master Plan.
Shall mean the main purpose for which any lot and/or structure
is used.
Shall mean an institution of education whose general course
work is comparable to the public school system and whose curriculum
is approved by the New Jersey Department of Education or the New Jersey
Department of Higher Education.
Shall mean an accessory use associated with a golf course
in which golf and other sporting equipment, sportswear, and food and
beverages may be purchased.
Shall mean the office of a member of a recognized profession
which shall be so designated by the approving authority upon finding
by such approving authority that such occupation is professional in
character and requires at least a bachelor's degree from an accredited
college or university, licensing, and training and experience as a
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 regulation 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.
Shall mean (1) public parks, playgrounds, trails, paths and
other recreational areas; (2) other public open spaces; (3) scenic
and historic sites; and (4) sites for schools and other public buildings
and structures.
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of storm water 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 drainage,
sedimentation, and erosion.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, board of education, State or
county agency, or other public body for recreational or conservation
uses.
Shall mean the use of land by a municipal, county, State
or Federal agency or authority.
Shall mean a four-family building.
Shall mean the place where quarrying is conducted and shall
include the ways immediately adjacent thereto.
Shall mean the excavation, removal, handling and processing
of stone, sand, or gravel extracted from the premises including the
transportation, storage, crushing, grinding, pulverizing or mixing
of the extracted raw materials and all uses and operations accessory
thereto.
Shall mean as or following the course of the radius from
a given point.
Shall mean a single family house which is the actual residence
as well as the office of a physician, dentist, lawyer, architect or
other similar professional whose calling requires specialized knowledge
and long and intensive academic preparation.
Shall mean a commercial establishment where food and drink
are prepared, served and consumed. As used in this chapter, a "restaurant"
shall not include a "fast food restaurant" as defined herein.
Shall mean any impoundment area with a permanent pool of
water or pond made by constructing an embankment or by excavating
a pit or both and shall include the outfall area related thereto.
Shall mean a barrier or dam building at suitable locations to retain rock, sand, gravel, silt or other material. (Chapter 12.)
Shall mean a line drawn parallel to a street line or lot
line and located at the point of the building nearest to the street
line or lot line beyond which a building does not project, except
as permitted under the "yard" definitions below. The minimum yard
requirements shall be the minimum required setbacks. All setbacks
shall be measured horizontally and all setbacks extend vertically
above and below the ground. All setbacks from public streets shall
be measured from the proposed right-of-way width as shown on the adopted
master plan, or from the existing right-of-way, whichever is greater.
Shall mean an accessory building for the storage of miscellaneous
yard equipment and materials as well as an area for the use and/or
storage of hand, electrical and gasoline powered tools and equipment.
Any shed of 200 square feet in area or greater shall meet the garage
setback requirements and any requirements of the construction code
in effect at the time of approval.
Shall mean one or more buildings, or parts thereof, designed
as a unit to be occupied by two or more retail businesses and conducted
as an integrated and cohesively planned development. Where there is
more than one building on a lot, the buildings shall be spaced as
if they were to be on separate lots in order to establish conformance
with this chapter for such matters as building setbacks, buffers,
driveways and distance between buildings.
Shall mean a triangular area outside the street right-of-way
abutting two intersecting streets. The sight triangle is formed by
the intersecting street lines and a line connecting a point on each
line a set distance from the point of intersection.
Shall mean a tall cylindrical structure in which feed for
livestock is stored.
Shall mean the luminance in the atmosphere caused by dust,
water vapor, and other particles that reflect and scatter any stray
light that is directed, reflected, or emitted into the atmosphere.
See definition for "stormwater management measure" under § 17-82.3.
[Amended 4-19-2021 by Ord. No. 21-1744]
Shall mean the inclined sides of a stream channel or embankment.
Shall mean all areas 150 feet from the centerline in both
directions of all waterways that receive surface water runoff from
an upland drainage area of 50 acres or more as may be shown on a map
entitled "Hopewell Township Stream Centerlines and 150-Foot Buffer,"
prepared by the Stony Brook Millstone Watershed Association dated
April 12, 2004, and as may be hereafter amended.
Shall mean reducing the required stream corridor area along
specific lengths of retention basins in exchange for an equivalent
increase in width elsewhere along the perimeter of the retention basin.
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, county or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action as provided
in N.J.S.A. 40:55D-35 or a street or way on a plat duly filed and
recorded in the office of the county recording officer, prior to the
appointment of a planning board and the grant to such board of the
power to review plats, and includes the land between the street line,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, sidewalks, parking areas and other areas within the street
lines. For the purpose of this chapter, streets shall be classified
as follows:
ARTERIAL STREETSAre those which are used primarily for fast or heavy traffic.
COLLECTOR STREETSAre those which carry traffic from local streets to the arterial streets.
LOCAL STREETSAre those which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSAre streets which are parallel to and adjacent to arterial streets and provide access to abutting properties and protection from through traffic.
ALLEYSAre minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Shall mean the lot line which constitutes the edge of the
existing right-of-way or the right-of-way shown on the master plan,
whichever would result in a larger right-of-way.
Shall mean any activity which significantly disturbs vegetated or otherwise stabilized soil surface including clearing and grubbing operations. (Chapter 12.)
Shall mean any building or other artificial thing which is
built or constructed, either above or below ground.
Shall mean 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 or subdivision committee
thereof, appointed by the chairman 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 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 municipality. The term "subdivision"
shall also include the term "resubdivision."
Shall mean a committee of at least three planning board members
appointed by the chairman with the approval of the board, formed for
the purpose of classifying subdivisions in accordance with the provisions
of this chapter and performing such other duties relating to land
subdivision which may be conferred on this committee by the board.
Shall mean any increase in an approved structure's bulk or
floor area where the result exceeds any of the requirements of the
zoning district in which it is located, and where any changes exceed
the limitations necessary to qualify as an "insubstantial change."
An "insubstantial change" means a revision to a preliminary or final
plat which does not violate any requirements of the township's ordinances,
does not alter the amount of lower income housing or other forms of
participating in the lower income housing program as set forth in
the approved development, and does not have changes which exceed any
of the following: setback in any yard of five feet; seven feet in
building height; 1% in the approved floor area ratio; 1% in the approved
lot coverage (building, paving and other coverages); five feet in
building spacing; three parking spaces; one loading space; five feet
in driveway locations; and 1% of the area of the approved site disturbance.
A substitution of similar landscaping material, lighting fixture,
and signage is not a substantial change provided there is no change
in approved quantities and/or dimensions.
Shall mean a determination by COAH approving a municipality's
housing element and fair share plan in accordance with the provisions
of the Fair Housing Act and the rules and criteria as set forth by
COAH. A grant of substantive certification shall be valid for a period
of six years in accordance with the terms and conditions contained
in the substantive certification.
Shall mean that water will be supplied to all dwelling units
in a development from a source other than wells located in the township
or in Hopewell Borough or Pennington Borough.
Shall mean a permanent structure placed partly or entirely
below ground and filled with water for the purpose of swimming. Except
for "hot tubs" as defined herein, a structure located above ground
shall be considered a permanent swimming pool when the structure has
a water depth greater than two feet and a water surface greater than
30 square feet.
Shall mean a flat area, with either a blacktopped or compacted
earth surface, divided at the midpoint by a net. The area is usually
fenced and shall include the "in bounds" area as well as the surrounding
"out-of-bounds" area needed for player maneuverability.
Shall mean one dwelling unit in a line of three or more attached
dwelling units, with each dwelling unit extending from the ground
to the roof and having individual outside access and no interior rooms
or hallways shared with other dwelling units.
Shall mean 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 any existing
streets shall not be included in calculating the area of the tract.
Shall mean the area of a tract or parcel that does not contain
floodplains, wetlands or slopes greater than 15%.
Shall mean services including, but not limited to, sewage
treatment, water supply, gas, electric, telephone, and cable TV.
Shall mean permission to depart from the literal requirements
of the zoning provisions of this chapter.
Shall mean the luminance reflected off a vertical surface,
expressed in footcandles (fL).
Shall mean the illuminance on a vertical plane, expressed
in footcandles (fc).
Shall mean a building in which goods or merchandise is stored.
The term shall include self-storage, mini, or other forms of commercial
storage activities.
Shall mean a defined channel which accepts stormwater runoff
from 50 acres or more.
Shall mean an area of generally open space extending between
the closest point of any building measured at the foundation or facade
of the building and a lot line or street line, except that incidental
elements of a structure attached to the building, may penetrate into
the required yard a distance no greater than two feet. These incidental
penetrations shall be permitted for items such as, but not limited
to, gutters, eaves, bow windows and window sills, steps, downspouts,
roof overhangs, or chimneys, but shall not be for such items as open
or enclosed roofs over patios or similar areas, or for porches, decks,
balconies, or for any cantilevered areas having an outside wall or
railing. All yards shall be measured horizontally and all minimum
yard requirements extend vertically above and below the ground. In
an apartment, townhouse, industrial or office park complex, shopping
center, or other development where more than one building may be constructed
on a lot, yards shall also be the open space extending between buildings.
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 buildings and in no event shall two buildings be closer to
one another than the sum of both required side yards, except that
buildings that are accessory to an agricultural use on a farm shall
be exempt from this spacing requirement.
Shall mean the area extending across the full width of a
lot between a street line and the foundation or facade of the building
except that incidental elements of a structure attached to the building
may penetrate into the required yard a distance no greater than two
feet. These incidental penetrations shall be permitted for items such
as, but not limited to, gutters, eaves, bow windows and window sills,
steps, downspouts, roof overhangs, or chimneys, but shall not be for
such items as open or enclosed roofs over patios or similar areas,
or for porches, decks, balconies, or for any cantilevered areas having
an outside wall or railing. All yards shall be measured horizontally
and all minimum yard requirements extend vertically above and below
the ground. For apartments, townhouses, industrial or office park,
shopping center, 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. All buildings shall
be set back at least 10 feet from any utility easement.
Shall mean the area extending across the full width of the
lot between the rear lot line and the foundation or facade of the
building except that incidental elements of a structure attached to
the building may penetrate into the required yard a distance no greater
than two feet. These incidental penetrations shall be permitted for
items such as, but not limited to, gutters, eaves, bow windows and
window sills, steps, downspouts, roof overhangs, or chimneys, but
shall not be for such items as open or enclosed roofs over patios
or similar areas, or for porches, decks, balconies, or for any cantilevered
areas having an outside wall or railing. All yards shall be measured
horizontally and all minimum yard requirements extend vertically above
and below the ground. For apartments, townhouses, industrial or office
park, shopping center, or other development where more than one building
may be erected on a lot, the rear yard shall be measured from the
designated rear of the building to an imaginary line a designated
distance away from the rear of the building. All buildings shall be
set back at least 10 feet from any utility easement. On residential
lots there shall be a minimum distance between the building and any
Freshwater Wetland buffer and any floodway that is at least equal
to 75% of the rear yard requirement for the district in which the
lot is located.
Shall mean the area extending from the front yard to the
rear yard and lying between each side lot line and the foundation
or facade of the building, except that incidental elements of a structure
attached to the building may penetrate into the required yard a distance
no greater than two feet. These incidental penetrations shall be permitted
for items such as, but not limited to, gutters, eaves, bow windows
and window sills, steps, downspouts, roof overhangs, or chimneys,
but shall not be for such items as open or enclosed roofs over patios
or similar areas, or for porches, decks, balconies, or for any cantilevered
areas having an outside wall or railing. All yards shall be measured
horizontally and all minimum yard requirements extend vertically above
and below the ground. The side yard for apartments, townhouses, industrial
or office park complex, shopping center, or other development 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. All buildings shall be
set back at least 10 feet from any utility easement.
Shall mean that officer or employee of the township or his
duly authorized deputy appointed by the township committee to administer
and enforce the zoning provisions of this chapter.
Shall mean the final permit issued to an applicant by the
zoning officer and certifying the compliance of a particular structure
or use with the provisions of the zoning requirements.
