[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 |
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. |
e. Uncovered steps. |
f. Terraces, breezeways and open porches. |
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.