[Ord. No. 919 Art. VIII; Ord. No. 07-1253; Ord.
No. 13-1378 § 1; Ord.
No. 13-1382 § 1]
As used in this chapter:
ACCESSORY BUILDING OR USE
Shall mean an accessory building or use is one which:
a.
Is subordinate to and serves an ancillary purpose to a principal
building or principal use; and
b.
Is subordinate in area, extent, or purpose to the principal
building or principal use served; and,
c.
Contributes to the comfort, convenience or necessity of occupants
of the principal building or principal use served;
d.
Is located on the same zoning lot as the principal building
or principal use served.
ADMINISTRATIVE OFFICER
Shall mean the Borough Planner of the Borough of Milltown,
or such other person as designated by the Mayor.
ADULT BOOK STORE
Shall mean an establishment having as a substantial or significant
portion of its stock in trade books, magazines, and other films, tapes,
periodicals, or other media which are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
specified sexual activities.
ALTERATION
Shall mean to change the appearance of exterior elements
of a structure, or to change the materials used. A change in the exterior
color of a structure shall be considered an alteration within the
terms of this definition only with respect to properties with historic
preservation potential and only if the change in color entails the
application of paint to a surface which has not been painted before.
Ordinary maintenance shall not be considered an alteration within
this definition.
ALTERATION
Shall mean, as applied to a building or a structure, a change
or rearrangement in the structural parts of existing facilities, or
an enlargement whether by extension of any side or by increasing in
height, or change in use from that of one use classification to another,
any conversion of a building, or a part thereof, or removal of a building
from one location or position to another.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents
required by Ordinance for submission for review of a subdivision plat,
site plan, conditional use, zoning variance or direction of the issuance
of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
APPROVING AUTHORITY
Shall mean the Planning Board when acting pursuant to the
authority of the Municipal Land Use Law.
[Amended 11-9-2020 by Ord. No. 2020-1494]
ATTIC
Shall mean that part of a building which is immediately below
and wholly or partly within the roof framing. See Story, Half.
AUTOMOTIVE OR GASOLINE SERVICE STATION
Shall mean any area of land, including structures thereon,
that is used or designed to be used for the retail sale of gasoline
or oil or other fuel directly to motor vehicles from a pump located
outside a building including the sale of motor vehicle accessories
and facilities for polishing, greasing, washing, spraying, dry cleaning,
repairing or otherwise cleaning or servicing such motor vehicles.
AUTOMOTIVE SALES
Shall mean the use of land for the purpose of display and
storage of automobiles for sale to the general public. Such use shall
not include storage of vehicles for hire, demo, or for towed or damaged
or abandoned vehicles or auction sales.
BASEMENT
Shall mean that portion of the building which is partly below
and partly above grade and having 1/2 or more of its height above
grade, the floor of which is not more than three feet below ground
level.
BOARDING HOUSE
Shall mean any building, together with any related structure,
accessory building, and land appurtenant thereto, and any part thereof,
which contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel or motel or established
guest house wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only, any foster home as defined in
N.J.S.A. 30:4C-26.1, any community residence for the developmentally
disabled as defined in N.J.S.A. 30:11B any dormitory owned or operated
on behalf of any nonprofit institution or primary, secondary or higher
education for the use of its students.
BUFFER AREA
Shall mean an area in which no building, parking area, driveway
(except to provide access to property), street, sign (except traffic
directional sign) or storage of materials shall be permitted and which
shall consist of a dense and continuous landscaped screening area,
planted and maintained containing fences, massed trees and shrubs
of such species and size as will produce a sufficient density to obscure
or confine throughout all seasons automobile headlight glare, site
noise, windblown debris and other typical and frequent nuisance problems,
as well as create an aesthetically pleasing and attractive view to
mask or obscure the use, function, or structure located upon the site.
BUILDING
Shall mean any structure built or used for the support, shelter,
or enclosure of persons, animals, chattels, or movable property of
any kind which is permanently or temporarily affixed to the land and
having a roof supported by columns, piers, or walls, or having other
supports and any unroofed platform, terrace, or porch having a vertical
face higher than three feet above the level of the ground from which
the height of the building is measured.
BUILDING AREA
Shall mean the total of areas of outside dimensions on a
horizontal plane at ground level of the principal building and all
accessory buildings, exclusive of unroofed porches, terraces, or steps
having a vertical face of less than three feet above the level of
the ground from which the height of the building is measured.
BUILDING HEIGHT
Shall mean the vertical distance measured from the average
elevation of the proposed finished grade at the front of the building
to the highest point of ceiling of the top story in the case of a
flat roof; to the deck line of a mansard roof; and to the average
height between the plat and ridge of a gable, hip, or gambrel roof,
including chimneys and other similar features.
BUILDING LINE
Shall mean a line formed by the intersection of a horizontal
plane at average grade level and a vertical plane that coincides with
the exterior surface of the building on any side. In case of a cantilevered
or projected section of a building, the vertical plane shall coincide
with the most projected surface. All yard requirements are measured
to the building line.
BUILDING, PRINCIPAL
Shall mean a building or use in which is conducted the main
or principal use of the lot on which the building is situated.
BULK
Shall mean the term used to describe the size and mutual
relationships of buildings and other structures and includes:
a.
The size of buildings and other structures; and
b.
The shape of buildings and other structures; and
c.
The location of exterior walls of buildings and other structures
in relation to lot lines, to the centerline of streets, to other walls
of the same building and to other buildings or structures; and
d.
All open spaces relating to a building or structure.
BULKHEAD
Shall mean a retaining wall created along a body of water
behind which fill is placed.
BUSINESS OFFICE
Shall mean a room or group of rooms used primarily for conducting
the affairs or purpose of profit or improvement of an occupation,
nonprofessional, service or non-tradesman activity on a fee or contract
basis.
CALIPER
Shall mean the diameter of a tree trunk measured in inches,
and measured 24 inches above ground level for all trees.
CARTWAY
Shall mean the section of a street, road or highway or right-of-way
located between the curblines which is normally used by vehicular
type traffic, commonly known as the paved areas of the street.
CELLAR
Shall mean that portion of a building which is partly or
completely below grade and having at least 1/2 its height below grade.
CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the building and/or zoning
inspector upon completion of the construction of a new building or
upon a change in the use of the occupancy of a building which certifies
that all requirements of this chapter or such adjustments thereof
which have been granted, and all other applicable requirements have
been complied with.
CHANGE OF USE
Shall mean an alteration in a building heretofore existing,
to a new use group which is subject to other requirements of this
chapter or other special provisions of law governing building construction,
equipment or means of egress as established within the Uniform Construction
Code of the Municipality.
CHILD CARE CENTER
Shall mean a private establishment enrolling six or more
children and where tuition, fees, or other form of compensation for
the care of children is charged, whether or not licensed or approved
to operate as a child care center by the N.J. Division of Youth and
Family Services (N.J.D.Y.F.S.).
CHURCH
Shall mean a structure, building or group of buildings, including
customary accessory structures such as auditoriums used, designed,
or intended for public worship. The word "Church" shall include any
place where persons regularly assemble for worship, i.e. chapels,
churches, congregations, cathedrals, synagogues, temples, and other
places where regular religious services are conducted, as well as
parish houses, convents, religious school facilities and structures,
and other accessory uses, including uses and structures for religious
and sectarian education.
COMMON OPEN SPACE
Shall mean an open space area exclusive of required setback
areas 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 open space my contain such complementary
structures and improvements as are necessary and appropriate for the
use and enjoyment of residents and owners of the development.
COMPLETE APPLICATION
Shall mean an application form completed as specified by
ordinance and the rules and regulations of the Planning Board, and
all accompanying documents required by ordinance for approval of the
application for development. An application shall be certified as
complete upon meeting of all requirements specified in the ordinance
and in the rules and regulations of the Planning Board, and shall
he deemed complete as of the day it is so certified for purpose of
the commencement of the time period for action by the Planning Board.
[Amended 11-9-2020 by Ord. No. 2020-1494]
CONDITIONAL USE
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 therefore by the Planning Board, or where required
by N.J.S.A. 40:55D-70, by the Planning Board acting as the Zoning
Board of Adjustment.
[Amended 11-9-2020 by Ord. No. 2020-1494]
CONDOMINIUM
Shall mean ownership of real property combining ownership
in fee simple of a dwelling unit and undivided ownership in common
with other purchasers of the common elements in the structure and
including the land use and its appurtenances.
CONSTRUCTION OFFICIAL
Shall mean that person designated by salary guide title in
the municipality pursuant to the Uniform Construction Code of the
State of New Jersey.
CONTROL PERSON
Shall mean that person designated by salary guide title to
accept and agendize incoming applications and amendments and revisions
thereto.
CONVERSION
Shall mean a change in the use of land or structure.
CORNER LOT
Shall mean a lot at the junction of and fronting on two or
more intersecting streets. Front yard setback requirements shall be
provided for all street frontages of a corner lot.
CURB LEVEL
Shall mean the permanently established grade of the curb
top in front of a lot.
DAYS
Shall mean calendar days.
DE MINIMIS
Shall mean when applied to an action affecting a property
with historic preservation potential, an action of such a minimum
nature that a. the purposes of historic preservation, as defined in
this chapter will not thereby be materially affected, and b. the action
doest not increase the degree of noncompliance with respect to any
bulk regulation set forth in this chapter.
DEMOLITION
Shall mean to partially or completely take down a structure.
DENSITY
Shall mean the number of dwelling units which may be developed
or that portion of the tract exclusive of public street right-of-way,
floodway, delineated wetlands, conservation/preservation areas, open
space areas, stream or waterbodies, existing public utility easements,
and such other areas which may not be developed.
DENSITY, GROSS
Shall mean the number of dwelling units provided by the total
land area of the lot or lots comprising the tract of land for which
the development application is made.
DEVELOPER
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 lease, or other
person having an enforceable proprietary interest in such land.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more
parcels, or the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or any mining, excavation or landfill, and/or any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required, pursuant to the
New Jersey "Municipal Land Use Law."
DISCOTHEQUE
Shall mean an establishment where patrons dance to recorded
music and may also feature go-go dancers.
DRAINAGE
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes control to minimize
erosion and sedimentation during and after construction or development
and shall mean necessary for water supply preservation or prevention
or alleviation of flooding.
DRIVE-IN BANK
Shall mean a building or portion thereof which encourages
or permits customers to conduct personal financial transactions while
remaining in their motor vehicles.
DRIVE-IN RESTAURANT
Shall mean a building or portion thereof where food and/or
beverages are sold in a form ready for consumption and where a portion
of the consumption takes place or is designed to take place outside
the confines of the building, often in a motor vehicle on the site,
or is designed for the transferal of food and/or beverages without
leaving the vehicle.
DWELLING
Shall mean a building designed or used exclusively as the
living quarters for one or more families.
DWELLING MIDRISE
Shall mean a medium or midrise building with a common passageway
which is three to five stories or 35 to 60 feet in height, in which
building there are one or more suites of rooms on each floor.
DWELLING, ATTACHED
Shall mean one dwelling unit in a line of two more structurally
joined dwelling units, with each dwelling unit having individual access,
with open space in front and rear.
DWELLING, DETACHED
Shall mean a detached dwelling is a building surrounded by
open space on the same zoning lot and being the only principal building
occupying that Zoning Lot.
DWELLING, EFFICIENCY
Shall mean a dwelling unit consisting of not more than one
habitable room together with kitchen or kitchenette and sanitary facilities.
DWELLING, HIGH-RISE
Shall mean building with a common passageway, consisting
of more than five stories or more than 60 feet in height in which
building there are one or more suites of rooms on each floor.
DWELLING, MULTIFAMILY
Shall mean a building designed for or occupied exclusively
by three or more families or households living independently of each
other.
DWELLING, PATIO HOUSE (A.K.A. TERRACE HOME)
Shall mean a variation of the traditional one (1) story ranch
house, designed to fit on a narrow lot, with an angled or altered
architectural form, with the elimination of side and/or front yards,
with private spaces fenced, usually on a square or reduced size lot,
with parking usually occurring within the unit in a garage.
DWELLING, SINGLE FAMILY
Shall mean a dwelling consisting of a building containing
one (1) dwelling unit only and not occupied or designed for occupancy
by more than one (1) family.
DWELLING, TOWNHOUSE
Shall mean one (1) of a series of contiguous single family
dwelling units, designed for conveyance either as a condominium or
as a planned development, in which each unit has its own front and
rear access to the outside, no unit is located over another unit and
each dwelling unit is separated from another by one (1) or more common
fire resistant walls, and wherein each dwelling unit shall have separate
individual utility systems, and with private rear yard areas.
DWELLING, TWO FAMILY
Shall mean a building for or occupied exclusively by two
(2) families or households living independently of each other.
EASEMENT
Shall mean a right-of-way granted, but not dedicated, for
limited use of private land for a public or quasi-public purpose and
within which the owner of the property shall not erect any permanent
structures.
ENVIRONMENTALLY SENSITIVE AREAS
Shall mean areas which include, but are not limited to, stream
corridors and floodplains, stream, bodies of water, wetlands (as defined
by NJDEP), slopes greater than ten (10%) percent, shallow depth to
bedrock (less than two (2) feet), highly acidic or erodible soils
(as defined by the SCS), mature stands of trees, aquifer recharge
areas, aquifer discharge areas, unique natural features and wildlife
habitats or such areas as may be so designated by Federal or State
agencies of jurisdiction.
ERECT
Shall mean to build, construct, attach, alter, relocate or
affix and includes the painting of signs or displays on the exterior
surface of a building.
EROSION
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice, gravity, whether naturally or humanly induced.
EXTENDED CARE FACILITY
Shall mean a long-term care facility or a distinct part of
a facility licensed or approved as a nursing home, infirmary unit
of a home for the aged or a governmental medical institution.
FACADE
Shall mean an exterior wall of a building exposed to public
view.
FAMILY DAY CARE
Shall mean "Family Day Care Home" and shall mean any private
residence approved by the Division of Youth and Family Services or
an organization with which the division contracts for family day care
in which child care services are regularly provided to no less than
three (3) and no more than five (5) children for no less than fifteen
(15) hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child care
services:
a.
The child being cared for is legally related to the provider;
or
b.
The child being cared for as part of a cooperative agreement
between parents for the care of their children by one (1) or more
of the parents, where no payment for the care is being provided.
FENCE
Shall mean an artificially constructed barrier erected for
the enclosure of yard areas.
FINAL APPROVAL
Shall mean the official action of the Planning Board taken
on a preliminary approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
[Amended 11-9-2020 by Ord. No. 2020-1494]
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations, and which if approved shall be filed with
the proper County recording office, in the case of subdivision.
[Amended 11-9-2020 by Ord. No. 2020-1494]
FINANCIAL SERVICES
Shall mean any assistance permitted or required by the State
to be furnished by an owner or operator to a resident in the management
of personal financial matters, including but not limited to, the cashing
of checks, holding of personal funds for safekeeping in any manner
or assistance in the purchase of goods or services with a resident's
personal funds.
FLAG LOT
Shall mean a lot, the majority of whose width is not fronting
on or abutting a public road and where access to the public road is
by a narrow, private right-of-way.
FLOOR AREA, GROSS
Shall mean the sum of the gross horizontal areas of all floors
of a building or buildings, measured from the exterior faces of exterior
walls or from the center line of walls separating two (2) buildings.
The floor area of a building or buildings shall include but not be
limited to the following:
a.
Floor space used for heating, ventilating and air conditioning
equipment with structural headroom of seven (7) feet, six (6) inches
or more.
b.
Attic space and basement space where a floor has actually been
laid, providing structural headroom of seven (7) feet, six (6) inches
or more.
c.
Interior balconies and mezzanines.
d.
Enclosed porches.
However, the floor area of a building shall not include:
|
a. Cellar space, except that cellar space used for retailing
shall be included for the purpose of calculating requirements for
accessory off-street parking spaces and accessory off-street loading
berths
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b. Elevator shafts and stairwells, accessory water tanks and
cooling towers.
|
c. Floor space used for heating, ventilating and air conditioning
equipment, with structural headroom of less than seven feet, six inches.
|
d. Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet, six inches.
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e. Uncovered steps.
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f. Terraces, breezeways and open porches.
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g. Accessory off-street parking spaces.
|
FLOOR AREA, NET
Shall mean the total of all floor areas of a building, excluding
H.V.A.C. equipment rooms, interior vehicular parking or loading, and
all floors below the first or ground floor, except when used or intended
to be used for any human habitation or any service to the public.
FLOOR AREA RATIO
Shall mean the total of all floor areas of the building or
buildings of that zoning lot, divided by the area of that zoning lot,
all in square feet.
FRATERNAL ORGANIZATION
Shall mean a group of people formally organized for a common
interest, usually cultural, religious or entertainment, with regular
meetings, rituals and formal written membership requirements.
GARAGE, PRIVATE
Shall mean a building or space used as an accessory to the
main building which provides for the storage of motor vehicles, in
which no occupation, business or service is conducted.
GARAGE, PUBLIC
Shall mean a building or part thereof, other than a private
garage, used for the storage, care or repair of motor vehicles for
profit, including but not limited to the sale of fuels, or accessories,
or the hiring of same.
GARDEN APARTMENT
Shall mean a building or series of buildings, under single
ownership, with common yards, open spaces, recreation area, garages
and parking areas, not more than three stories in height, used for
occupancy by three or more families living independently of each other
and containing three or more dwelling units, but not including group,
row or townhouses. The garden apartment development shall be on a
landscaped site designed and erected as an integrated development
with singleness of use and operation and which site contains such
common facilities as pedestrian walks, open spaces and developed recreation
areas in accord with minimum standards stated in this chapter, off-street
parking and/or garage facilities consistent with ordinance requirements,
complete utility system and free two-way access provided by two or
more connections to peripheral public roads.
GRADE, FINISHED
Shall mean the completed elevation of surfaces of lawns,
walks and pavement as shown on official plans or designs.
HABITABLE FLOOR AREA
Shall mean the area of all floors of a building measured
at the exterior of the walls thereof, excluding cellars, closets,
porches, patios, terraces, carports, breezeways, verandas, and garages
and any other unheated area.
HEALTH CARE FACILITY
Shall mean a facility or institution, whether public or private,
principally engaged in providing services for health maintenance,
diagnosis or treatment of human disease, pain, injury, deformity,
physical condition, or mental condition, including, but not limited
to, a general hospital, public health center, diagnostic center, treatment
center, rehabilitation center extended care facility, skilled nursing
home, nursing home, intermediate care facility, tuberculosis hospital,
chronic disease hospital, maternity hospital, outpatient clinic, dispensary,
home health care agency, boarding home or other home for sheltered
care, and bioanalytical laboratory or central services facility serving
one or more such institutions but excluding institutions that provide
healing solely by prayer.
HISTORIC PRESERVATION
Shall mean the process of identifying, evaluating, managing,
conserving, maintaining and, when necessary, rehabilitating, stabilizing,
restoring and reconstructing historic properties so that they are
protected for the use of future generations.
HOME OCCUPATION
Shall mean any activity carried out for gain by a resident
conducted as an accessory use in the resident's dwelling.
HOME PROFESSIONAL OFFICE
Shall mean a home occupation consisting of the office of
a practitioner of a recognized profession.
HOMEOWNERS ASSOCIATION
Shall mean a community association, other than a condominium
association, which is organized in a development in which individual
owners share common interests in open space or facilities.
HOOKAH LOUNGE
Shall mean a place of business, regulated by the New Jersey
Smoke Free Air Act, N.J.S.A. 26:3D-55 to N.J.S.A. 26:3D-64, where
patrons smoke substances made of herbs and fruit, including tobacco,
from hookahs.
HOTEL-MOTEL
Shall mean an establishment offering to the general public
transient lodging accommodations, including one bathroom to each room,
who have their permanent residence elsewhere, but not including cooking
facilities, and which may provide additional services, such as restaurants,
meeting rooms, and recreational facilities.
HOUSEKEEPING UNIT
Shall mean and is one or more persons who live together in
one dwelling unit on a non-seasonal basis and who share living, sleeping,
cooking and sanitary facilities on a non-profit basis, and who intend
to be considered and who in fact consider themselves as a bona fide
family. Nothing herein shall permit any housekeeping unit to exceed
or violate any lawful limits on the number of persons permitted to
reside in a particular dwelling.
IMPERVIOUS LOT COVERAGE
Shall mean a ratio between the area which is improved and
overlain by structures and/or materials which results in the reduction
and or prevention of absorption of water into the ground and the lot
area expressed in terms of a percentage of the total area.
INCREASE IN INTENSITY OF USE
Shall be determined by the Zoning Code Officer with advice
as necessary from other Borough officials as an increase in any or
all of the following:
a.
Increase of 10% or more in parking required for the site.
b.
Increase in more than 10% lot coverage on the site.
c.
Increase in more than 10% of the intensity of traffic, pedestrian
or vehicular, generated.
d.
Increase of more than 10% of employees with a maximum permitted
increase (without site plan approval) of two employees.
e.
Increase of intensity of use resulting from a change of utilization
of site which adversely affects adjoining lot owners or the general
public determined by the Zoning Code Officer with the advice from
appropriate Borough officials.
INTERESTED PARTY
Shall mean, in the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter, or whose rights to use, acquire,
or enjoy property under this chapter or under any other law of this
State or of the United States have been denied, violated, or infringed
by an action or a failure to act under this chapter.
JUNKYARD
Shall mean an area or structure used for the collecting,
storage, buying, trading, or abandonment of any refuse and/or discarded
material, or the auctioning, dismantling, demolition, salvaging, cannibalizing,
abandonment or processing of structures, automobiles, or other vehicle
equipment and machinery or parts thereof; with the deposit of domestic,
commercial, industrial or sanitary waste or garbage excluded.
LABORATORY
Shall mean a structure or rooms equipped for conducting scientific
experiments, analysis, examinations, research, testing and/or other
experimental technical work.
LOT
Shall mean a designated parcel, tract or area of land including
the total area within the lot lines of a tract of land, excluding
any street rights-of-way.
LOT AREA
Shall mean the total horizontal area of a parcel of land
which is determined by the limits of the lot lines bounding that area
and expressed in terms of square feet or acres. Any portion of a lot
included in a public right-of-way shall not be included in calculating
lot area.
LOT COVERAGE
Shall mean a ratio between the building area and lot area
expressed in terms of a percentage of the total lot area.
LOT DEPTH
Shall mean the mean distance between its mean front line
and its mean back lot line, measured at right angle to the front property
line.
LOT FRONTAGE
Shall mean the portion nearest the street or coexistent with
a street right-of-way line and being the portion of the lot to be
used as the front yard requirements on corner lots and through lots,
all lot sides of a lot adjacent to streets shall be considered frontage,
and yard setback requirements shall be provided as indicated under
Yards in this section. In odd shaped or triangular shaped lots or
lots fronting upon a cul-de-sac, the length of frontage my be considered
to be 2/3 of the required lot width provided at the street right-of-way
line.
LOT LINE, FRONT
Shall mean lot line sharing commonality and coexistent with
a street right-of-way line. All lot lines coincident with street right-of-way
lines shall be considered front lot lines.
LOT LINE, REAR
Shall mean any lot line, other than a street line, which
is parallel to the front line or within 45° of being parallel
to the front lot line. A rear lot line shall also include any lot
lines on an offset to a through lot which constitutes the rear lot
line of an adjacent zoning lot.
LOT LINE, SIDE
Shall mean any lot which is not a front lot line or a rear
lot line.
LOT WIDTH
Shall mean the horizontal distance between straight lines
connecting front and rear lot lines at each side of the lot, measured
parallel or nearly so to the front and rear lines so determined and
across the rear of the required front yard, provided, however, in
the case of lots on the turning circle of cul-de-sac, or odd-shaped
lots, that width between side lot lines at their foremost points (where
they intersect with the street right-of-way line) shall not be less
than 2/3 of the required lot width.
MAINTENANCE GUARANTEE
Shall mean any security, which may be accepted by a municipality
for the maintenance of any improvements required by this chapter,
including but not limited to surety bonds, letters of credit and cash.
MASTER PLAN
Shall mean a composite of one or more written or graphic
proposals for the development of the municipality as set forth in
and adopted pursuant to Section 19 of the M.L.U.L.
MEDICAL BUILDING
Shall mean a building that contains establishments dispensing
health services.
MINI-WAREHOUSE
Shall mean a building or group of buildings having controlled
access and security within a compound containing various sizes of
structures which are compartmentalized, and/or controlled access stalls,
and/or locker areas for lease to or rent to individuals for storage
of goods within a building or buildings.
MINOR SITE PLAN
Shall mean a development plan of one or more lots which:
proposes development of a new building or a building alteration and
less than five parking spaces and less than 1,000 additional square
feet of floor area or a total of not more than 10% lot coverage, whichever
is less, and which 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.
MINOR SUBDIVISION
Shall mean a subdivision classified as a minor subdivision
shall meet the following requirements:
a.
It shall contain not more than three lots.
b.
It shall have frontage on an existing street.
c.
It shall not involve any new street or road or the extension
of municipal facilities.
d.
It shall not adversely affect the development of the remainder
of the parcel or adjoining property.
NATURAL RESOURCE INVENTORY
Shall mean a complete physiographic portrait of a municipality,
including its geography, topography, hydrology, soil and vegetation,
as well as manmade factors which influence the environment.
NONCONFORMING LOT
Shall mean a lot or parcel which does not conform to the
minimum standard for the zone in which it is located, or the use to
which it is being put.
NONCONFORMING STRUCTURE
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reasons of such adoption,
revision or amendment.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of a zoning ordinance, but which exact
same use fails, by reason of such adoption, revision or amendment,
to conform to the present requirements of the zoning district.
NURSING, REST, CONVALESCENT HOME
Shall mean an extended or intermediate care facility licensed
or approved to provide full-time convalescent or chronic care to individuals
who, by reason of advanced age, chronic illness or infirmity, are
unable to care for themselves.
OCCUPANCY
Shall mean the specific purpose for which land or a building
is used, designed, or maintained.
OFF-SITE
Shall mean 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-STREET PARKING SPACE
Shall mean an off-street parking area for vehicles including
the nine-foot wide by eighteen-foot long storage area of each vehicle
and necessary maneuvering area of each vehicle. Space for maneuvering
incidental to parking or unloading shall not encroach upon any public
way or required setback area. Every off-street parking facility shall
be accessible from a public way.
OFF-TRACT
Shall mean not located on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
ON SITE
Shall mean located on the lot in question.
ON TRACT
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
OPEN SPACE
Shall mean any parcel or area of land or water, not containing
any building, unimproved or improved, 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.
OPEN SPACE, PUBLIC
Shall mean an area of land other than a public street owned
by a public agency and maintained by it for the use and enjoyment
of the general public.
PARKING AREA
Shall mean any public or private land area designed and used
for parking motor vehicles including parking lots, garages, private
driveways and legally designated areas of public streets.
PARKING SPACE
Shall mean an off-street space for the parking of a motor
vehicle, with minimum dimensions of nine feet by 18 feet.
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted by a municipality
including but not limited to: surety bonds, letters of credit, cash
or certificates of deposit, provided that not more than 10% of the
total performance guarantee may be in cash, and that the total performance
guarantee amount shall not exceed 12% of the cost of installation
of all improvements as estimated by the Borough Engineer.
PERSONAL SERVICES
Shall mean establishments primarily engaged in providing
services involving the care of a person or his or her apparel, including
but not limited to laundry, dry cleaning and garment services, coin-operated
laundries, photographic studios, beauty shops, barber shops, shoe
repair, and exercise clubs, provided that, except as permitted by
any licensing act of the State of New Jersey, no service involves
contact with any unclothed portion of a person other than his or her
scalp, face, arms, hands, legs below the knee, feet or neck.
PHILANTHROPIC USES
Shall mean those active services or functions exclusively
devoted to the active effort to promote human welfare, maintained
or supported by act or gift or organized distribution of funds.
PRELIMINARY APPROVAL
Shall mean the conferral of certain rights prior to final
approval after specific elements of a development plan have been approved
by the Planning Board.
[Amended 11-9-2020 by Ord. No. 2020-1494]
PRELIMINARY FLOOD PLANS AND ELEVATIONS
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form its scope, scale and relationship to its site and immediate environs.
PROFESSIONAL OFFICE
Shall mean the office or studio of a member of a recognized
profession including the offices of physicians, dentists, ministers,
lawyers, architects, professional engineers, and such similar professional
nontrade occupations. The issuance of a State or local license for
regulations of any gainful occupation is not to be deemed solely indicative
of professional standing.
PROPERTY LINE
Shall mean a lot or parcel line that defines the limits of
ownership.
PUBLIC YARDS, PUBLIC PARKS AND PLAYGROUNDS
Shall mean:
a.
Public parks, playgrounds, trails, paths and other recreational
areas;
b.
Other public open spaces;
c.
Scenic and historic sites; and
d.
Sites for school and other public buildings and structures,
including the uses of all municipal, County, State, regional and Federal
government agencies.
e.
Public rights-of-way, cartways and easements.
QUASI-PUBLIC
Shall mean facilities utilized by members of nonprofit organizations
and which are open to the general public, such as but not limited
to: religious organizations, veterans' organizations, fraternal organizations
and other institutions or organizations of similar type but not necessarily
belonging to the aforementioned categories.
RECREATION, ACTIVE
Shall mean leisure time activities, usually of a more formal
nature and performed with others, often requiring equipment and taking
place at prescribed places, sites or fields.
REMOVAL
Shall mean to partially or completely move a structure substantially
intact.
RESIDENTIAL CLUSTER
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 appointment.
RESTAURANT
Shall mean an establishment regularly and principally used
for the purpose of providing meals to the public, having an adequate
kitchen and dining room equipped for the preparing, cooking and serving
of foods for its customers and in which no other business, except
such as is incidental to such establishment, is conducted, wherein
the food and drink are consumed within the principal building. Such
uses shall not be interpreted to include and are hereby defined to
exclude drive-in restaurants or other similar uses where customers
and patrons are served food, soft drinks or ice cream for their immediate
consumption outside the confines of the building or structure in which
the business is conducted. Restaurant establishments shall provide
for traditional table services for made-to-order food.
RESTAURANT, FAST FOOD
Shall mean an establishment which has one or more of the
following characteristics:
a.
Serves primarily ready-to-eat foods, frozen desserts, or beverages
in edible or paper, plastic, or disposable containers;
b.
Usually serves foods over a general service counter or take-out
counter that customers carry to the restaurant's seating facilities,
to motor vehicles, or off-premises;
c.
Devotes 45% or more of the establishment's gross floor area
to food preparation, storage, or related activities; or
d.
Serves foods through a drive-in or drive-thru window.
RESUBDIVISION
Shall mean the further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law or the alteration of any streets or the
establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances so as to combine existing lots deed or other instrument.
RETAIL BUSINESS
Shall mean an establishment that sells goods, merchandise,
or products, or performs services incidentally related to the sale
of such goods, merchandise, or products, to general public customers
for personal or household consumption.
RETAIL SERVICES
Shall mean establishments providing services or facilities,
as opposed to products, to the general public, including eating and
drinking places, hotels and motels, finance, real estate and insurance,
personal services, motion pictures, amusement and recreation services,
health, educational and social services, museums and galleries.
RIGHT-OF-WAY
Shall mean the horizontal and vertical area delimited by
a line coexistent with the property line of other lands or right-of-way.
Such lands may be of public holding for road or highway or public
utility use, or private holding for the location of private, commercial,
collective, or distributive provision of utilities.
ROOMING HOUSE
Shall mean any residence, building, or any part thereof containing
one or more rooming units in which space is let by the owner or operator
to more than two persons who are not members of the family.
ROOMING UNIT
Shall mean any room or group of room forming a single habitable
unit used or intended to be used for living and sleeping but not for
cooking or eating purposes.
SCHOOL
Shall mean a public, parochial or private nursery, daycare,
elementary, secondary, college or university educational institution
offering a diploma, degree or certificate subject to regulations prescribed
by the State of New Jersey, Department of Education, supported in
whole or part by public funds and/or nonprofit quasi-public agencies.
SEDIMENTATION
Shall mean the deposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
SETBACK
Shall mean the minimum horizontal distance between the street,
rear or side lines of the lot and the front, rear, or side setback
line. When two or more lots under one ownership are used, the exterior
property lines so grouped shall be used in determining setbacks. The
setback distance shall be equal to the required yard depth.
SETBACK LINE
Shall mean a line within any lot parallel to any street or
property line between which line and the street or property line no
building or portion thereof may be erected except as otherwise provided
for in this chapter.
SIGHT TRIANGLE
Shall mean a triangular shaped portion of land established
at street intersections in which nothing is erected, placed, planted,
or allowed to grow between a height of 30 inches and 15 inches above
the ground elevation in such a manner as to limit or obstruct the
sight distance of motorists entering or leaving the intersection.
SIGN
Shall mean any structure or part thereof, or any device attached
to a structure, which shall display or include any letter, work, model,
banner, pennant, flag, insignia, device, or representation used as,
or which is in the nature of an announcement, direction, or advertisement.
A sign includes any billboard but does not include the flag, pennant,
or insignia of any nation, group of nations, or of any State, City,
or other political unit or any temporary political, educational, charitable,
philanthropic, civic, religious or like campaign, drive, movement,
or event sign.
SIGN POLITICAL
Shall mean a temporary sign announcing or supporting political
candidates or issues in connection with any national, State or local
election.
SIGN, ADVERTISING AND/OR COMMERCIAL
Shall mean any sign which is owned and operated by any person,
firm, or corporation engaged in the business of outdoor advertising
for direct profit gained from the rental of such signs, or any sign
advertising a commodity not sold or produced on the premises. This
shall include billboards and off-premises signs indicating the direction
to a particular place, as well as any interior message or display
with greater than twelve inch lettering/or logo which is visible from
the exterior of the building structure.
SIGN, AREA
Shall mean the area included within the frame or edge of
the sign. Where the sign has no such frame or edge, the area shall
be defined by an enclosed four-sided (straight sides) geometric shape,
which most closely outlines the sign. In the case of lettering attached
to building facades or awning signs, the sign area shall be the product
of the maximum horizontal dimension of all lettering and symbols multiplied
by the vertical dimension of all lettering and symbols which form
the sign.
SIGN, BILLBOARD
Shall mean a sign which 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, DIRECTIONAL
Shall mean signs limited to directional messages, principally
for pedestrian or vehicular traffic, such as but not limited to: "one-way,"
"entrance," and "exit," etc.
SIGN, DIRECTORY
Shall mean a sign or plate listing the tenants or occupants
of a building and their respective professions or business activities.
SIGN, GROUND
Shall mean any sign supported by uprights or braces and not
attached to any building.
SIGN, ILLUMINATED
Shall mean a sign lighted by or exposed to artificial lighting
either by lights on or in the sign or directed towards the sign.
SIGN, NAME PLATE
Shall mean a sign, located on the premises, giving the name
or address, or both, of the owner or occupant of a building or premises.
SIGN, PORTABLE
Shall mean a sign that is not permanent or affixed to a building,
structure or the ground.
SIGN, PROJECTING
Shall mean a sign that is wholly or partly dependent upon
a building for support and which projects more than 12 inches from
such building.
SIGN, REAL ESTATE
Shall mean a sign pertaining to the sale or lease of the
premises, or a portion of the premises, on which the sign is located.
SIGN, ROOF
Shall mean a sign that is mounted on the roof of a building
or which is wholly dependent upon a building for support and which
projects above the point of a building with a flat roof, the eave
line of a building with a gambrel, gable or hip roof or the deck line
of a building with a mansard roof or which extends more than six inches
above the facade of a building.
SIGN, TEMPORARY
Shall mean a sign of cloth, paper or other combustible material,
with or without a frame, which is usually attached to the outside
of a building, on a wall or store front or within the window area.
SIGN, WALL
Shall mean any sign attached to or erected against or painted
upon the exterior wall or facade of a building or structure so that
the display surface of the sign is parallel to the plane of the wall.
SIGN, WINDOW
Shall mean a sign that is applied or attached to the exterior
or interior of a window or located in such a manner within a building
that it can be seen from the exterior of the structure through a window.
SITE PLAN
Shall mean a development plan of one or more lots on which
is shown details required pursuant to this chapter.
SKETCH PLAT
Shall mean a map of a subdivision of sufficient accuracy
to be used for the purpose of discussion and classification of the
application.
SMOKE SHOP
Shall mean any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco products,
or tobacco paraphernalia, including providing an area for smoking
tobacco products; and provided that any grocery store, supermarket,
convenience store or similar retail use, as well as any hookah lounge
shall be excluded from the definition of smoke shop. Any area for
"smoking" shall mean the burning of, inhaling of, inhaling from, exhaling
the smoke from, or the possession of a lighted cigar, cigarette, pipe
or any other matter or substance which contains tobacco or any other
matter that can be smoked, or the inhaling or exhaling of smoke or
vapor from an electronic smoking device.
[Added 9-13-2021 by Ord. No. 2021-1502]
STORY
Shall mean that part of a building between the surface of
any floor and the next floor above it, or in its absence then the
finished ceiling or roof above it. A "split level" story shall be
considered a second story if its floor level is six feet or more above
the level of the line of the finished floor next below it except a
cellar. Any floor under a sloping roof at the top of a building which
is more than two feet below the top plate shall be counted as a story.
STORY, HALF
Shall mean that portion of a building under a gable, hip
or gambrel roof, the wall plates of which at least two opposite exterior
walls are not more than two feet above the floor of such half story.
A cellar shall also be included as a "half-story."
STREET
Shall mean any road, avenue, street, lane, boulevard, alley
or other way set aside or commonly used for access to abutting property,
improved or unimproved. Such common ways shall have been duly inspected,
approved, accepted and recorded and dedicated to the public use.
STREET LINE
Shall mean that line determining the limit of the highway
rights of the public, either existing or contemplated. Where a definite
right-of-way width has not been established, the street lines shall
be assumed to be at a point 25 feet from the centerline of the existing
pavement.
STRUCTURE
Shall mean a combination of materials to form a construction
that is safe and stable and includes among other affixed things, a
stadium, platform, radio towers, buildings, billboards, sheds, storage
bins, swimming pools.
SWIMMING POOL, PRIVATE
Shall mean any body of water, tank or receptacle for water,
whether artificially or semi-artificially constructed, or portable,
having a depth at any point greater than 18 inches or having over
120 square feet of area or larger than 12 feet in diameter used or
intended to be used for swimming or bathing solely by the owner, his
family and guests of the household, and constructed, installed, established
or maintained inside or outside any building in or above the ground
upon any premises as an accessory use to the residence.
TATTOO/PIERCING PARLOR
Shall mean an establishment whose principal business activity,
either in terms or operation or as held out to the public, is the
practice of one or more of the following: (1) placing of designs,
letters, figures, symbols or other marks upon or under the skin of
any person, using ink or other substances that result in the permanent
coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin; and (2) creation of an opening
in the body (piercing or otherwise) for the purpose of inserting jewelry
or other decoration.
TAVERN
Shall mean a place where the principal use or function is
the selling of alcoholic beverages and incident thereto may be retail
sale or consumption of food as a permitted use, consistent with N.J.S.A.
33:1-12 et seq.
TEMPORARY STRUCTURE
Shall mean a structure without any foundation or footings
and which is removed when the designated time period, activity, or
use for which the temporary structure was erected has ceased.
TEMPORARY USE
Shall mean a use established for a fixed period of time with
the intent to discontinue use upon the expiration of the time period.
USE
Shall mean the specific purpose for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
VAPE SHOP
Shall mean any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of electronic smoking
devices, liquid nicotine, liquid nicotine containers or vapor product
as defined by N.J.S.A. 26:3D-57; N.J.S.A. 2A170-51.9(a)(2); N.J.S.A.
2A170-51.9(a)(3); and N.J.S.A. 2A170-51.9(a)(4), including an area
for vaping; and provided that any grocery store, supermarket, convenience
store or similar retail use, as well as any hookah lounge shall be
excluded from the definition of vape shop. An "area for vaping" shall
mean the inhaling or exhaling of smoke or vapor from any electronic
smoking device.
[Added 9-13-2021 by Ord. No. 2021-1502]
VARIANCE
Shall mean permission to depart from the literal requirements
of a zoning ordinance.
WADING POOL
Shall mean any artificially constructed pool, not designed
or used for swimming, with a maximum depth of 18 inches.
WALL
Shall mean a. The vertical exterior surface of a building;
b. Vertical interior surfaces which divide a building's space into
rooms.
WAREHOUSE
Shall mean a building used primarily for the storage of goods
and materials.
YARD, FRONT
Shall mean an open, unoccupied space on the same lot with
the principal building, extending the full width of the lot and situated
between the street line and the front line of the building projected
to the side lines of that lot. Front setback line shall be synonymous
with the front yard line. Front setback requirements shall apply to
all street frontage of a corner lot. The front yard area shall be
measured at right angles to the street line.
YARD, REAR
Shall mean the open space extending across the full width
of the lot and lying between the rear line of the lot and the nearest
line of any building. The depth of a rear yard shall be measured at
right angles to the lot line to the nearest point of the rear lot
line.
YARD, SIDE
Shall mean an open, unoccupied space between the side line
of the lot and the nearest line of a building and extending from the
front yard to the rear yard, or in the absence of either such yards,
to the street or rear lot lines as the case may be. The width of a
side yard will be measured at right angles to the side line of the
lot.
ZONING OFFICER
Shall mean and include the duty of the Zoning Officer to
enforce this chapter and pursuant to that duty to investigate any
violation or alleged violation of this chapter coming to his/her attention,
whether by complaint of third persons or from his/her own personal
knowledge or observation. When any building or structure is erected,
constructed, altered, repaired, converted or maintained, or any building,
structure or land is used in violation of any provision of this chapter,
it shall be the duty of the Zoning Officer to proceed with the enforcement
of this chapter and the penalties provided for hereunder. He/she may
also pursue such other statutory method or methods, heretofore or
hereafter provided, as may be open to him/her.
ZONING PERMIT
Shall mean a document signed by the Zoning Officer: a. which
is required by this chapter as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building; and b. which
acknowledges that such use, structure or building complies with the
provisions of the zoning ordinance or variance therefrom duly authorized
by the municipal approving agency.
The following terms when used in this section shall have the
meanings:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J. S.
A. 52:27D-301 et seq.)
ADAPTABLE
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable
units in accordance with this section, UHAC (N.J.A.C. 5:80-26.1 et
seq.), and the Second Round Rules.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which new restricted
units in an affordable housing development arc affordable to low-
and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income
household as defined herein and, in the case of an ownership unit,
that the sales price for the unit conforms to the standards set forth
in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in
the case of a rental unit, that the rent for the unit conforms to
the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100-percent affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing
trust fund.
AGENCY
the New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternate living arrangements includes, but is not limited
to, transitional facilities for the homeless, Class A, 3, C, D, and
E boarding homes, as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
COAH
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
DEVELOPER
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to,
new construction, the conversion of a nonresidential structure to
residential use, and the creation of new affordable units through
the reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing
region, as adopted annually by COAH, or another agency of the State
of New Jersey, or approved by the New Jersey Superior Court.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
NON-EXEMPT SALE
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e. g., by lottery).
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved regional income limits.
REHABILITATION
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under the New Jersey Housing Mortgage Finance Agency's
Urban Home Ownership Recovery Program (UHORP) or the Market Oriented
Neighborhood Investment Program (MONI).
SPECIAL MASTER
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
court.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 30% or less of the median household income.
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.