For the purposes
of this chapter, the terms and words listed in this section shall
have the meanings herein given. Terms and words not defined herein
but defined in the Uniform Construction Code, N.J.A.C. 5:23, shall
have, for the purposes of this chapter, the meanings given them in
the Uniform Construction Code, as the same now reads or may be amended.
Terms and words not defined herein nor in the Uniform Construction
Code, but defined in the Municipal Land Use Law, shall have, for the
purposes of this chapter, the meanings given them in the Municipal
Land Use Law, its amendments or supplements thereto. Terms and words not defined in any of the above shall
have the meanings assigned to them in the Residential Site Improvement
Standards, N.J.A.C. 5:21. Terms and words not defined in any of the
foregoing sources shall have the meanings established by common usage
of the words unless the context herein clearly indicates the contrary.
ACCESSORY APARTMENT
A portion of an existing single-family dwelling that has been converted in accordance with the provisions of §
525-56 of this chapter to an additional dwelling unit under a Township-sponsored affordable housing program in which public funds are granted for the creation or maintenance of the accessory apartment in exchange for a condition that the unit shall be deed restricted for occupancy by and affordable to a qualified very-low-, low- or moderate-income household, as applicable, for a period of at least 10 years. This term may also encompass preexisting, illegal apartments that are legalized through the accessory apartment program.
[Added 9-6-2011 by Ord. No. 11-10; amended 12-3-2019 by Ord. No. 19-14]
ACCESSORY BUILDING OR STRUCTURE
A building or structure, the use of which is customarily
incidental to that of the main building and which is located on the
same lot as that occupied by the main building.
ACCESSORY USE
A use customarily incidental to the principal use of a building,
lot or land or part thereof.
ALTERATION OF A BUILDING
Any change in the supporting members of a building except
such change as may be required for its safety; any addition to a building;
or removal of a building from one location to another.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radio signals) and television signals.
AREA OF A BUILDING
The horizontal area of the principal and accessory buildings,
measured around the outside of the foundation walls and of the floors
of roofed porches and roofed terraces, inclusive.
BASEMENT
A story partly above grade level having more than 1/2 of
its floor-to-ceiling height above the average level of the adjoining
ground. A basement shall be a story if used for business or dwelling
purposes.
BOARD
The Land Use Board of Harmony Township.
[Amended 2-1-2005 by Ord. No. 05-2]
BUILDING
A structure constructed or erected on the ground, with a
roof supported by columns or walls. The term "building" shall be construed
as if followed by the words "or part thereof."
CELLAR
A story having more than 1/2 of its floor-to-ceiling height
below the average level of the adjoining ground. No cellar or portion
thereof shall be used as a dwelling unit.
COAH'S RULES
The Substantive Rules adopted by the New Jersey Council on
Affordable Housing (COAH), as set forth at N.J.A.C. 5:94-1 et seq.
[Added 6-9-2005 by Ord. No. 05-9]
CONDITIONAL USE
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 this chapter and upon the issuance of an authorization
therefor by the Land Use Board.
DISTRIBUTION CENTER
An establishment engaged in the receipt, storage, and distribution
of goods, products, cargo, and materials, including transshipment
by boat, rail, air, or motor vehicle. A distribution center differs
from a warehouse in that its purpose is to break down large orders
from a single source into smaller orders and/or to consolidate several
orders into a single large order for distribution to several recipients.
Some warehousing functions may occur as part of the distribution process.
A distribution center does not include retail sales, assembly or product
processing.
[Added 2-1-2005 by Ord. No. 05-2]
DUMP
A lot or land or part thereof used for disposal by abandonment,
dumping, burial, burning or any other means and for whatever purpose
of garbage, offal, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof or waste material of any kind.
DUPLEX
A detached building designed for and containing two dwelling
units which are entirely separated from each other by unpierced vertical
walls extending from foundation to roof. Unless otherwise specifically
listed as a permitted use in a zoning district, duplexes are intended
to be used and occupied only by low- and moderate-income households
for the sole purpose of meeting the Township's affordable housing
obligations.
[Added 6-9-2005 by Ord. No. 05-9]
DWELLING
A house or building or portion thereof which is occupied
in whole or in part as the home, residence or sleeping place of one
or more families.
DWELLING, TWO-FAMILY
A detached building designed for and containing two dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, which are intended only to meet the Township's
affordable housing obligation and senior citizen housing need, and
which shall be used and occupied only by low- and moderate-income
and/or senior citizen households, consistent with the settlement agreement
approved by the Council on Affordable Housing.
ECHO UNIT
Elder cottage housing opportunity unit, separate and detached
living quarters, accessory to a principal residence for the exclusive
use and occupancy by elderly persons, at least one of which shall
be related by blood or marriage to the owner of the lot and one of
which shall be of an age 55 years or older, and located upon the same
lot as the principal residence.
FAA
The Federal Aviation Administration.
FAMILY
One or more persons living privately as a single housekeeping
unit and using cooking facilities in common and not under a normal
landlord-tenant relationship.
FARM
Any parcel of land containing at least five acres which is
used for gain in raising of agricultural products, livestock, poultry
and dairy products. It includes necessary farm structures within the
prescribed limits and the storage of equipment used but does not include
residential structures. It excludes the raising of fur-bearing animals,
riding academies and dog kennels. It also excludes the raising of
swine within 200 feet of a property line or on a parcel of less than
10 acres; not more than 25 swine shall be permitted on one farm.
FCC
The Federal Communications Commission.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the floor or floors
of a building, whether used for occupancy, business or storage. Said
areas shall be measured between the outside face of exterior walls
or from the center line of walls separating two uses. Said areas shall
include usable areas below the level of the adjoining ground, garage
space or accessory building space.
FLOOR AREA, NET OR FLOOR AREA, LIVEABLE
The sum of the horizontal areas of the floor or floors of
a building which are enclosed and usable for human occupancy or the
conduct of business. Said areas shall be measured between the inside
face of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas devoted to mechanical
equipment, areas devoted exclusively to off-street parking and loading
space for motor vehicles, areas of stairways or elevators, areas of
cellars as herein defined, areas where the floor-to-ceiling height
shall be less than seven feet, and, in the case of residential uses,
shall not include any area not finished to the requirements necessary
for human occupancy as required for a certificate of occupancy.
FREESTANDING SOLAR ARRAY
A solar energy system, as defined herein, that is elevated
off the ground to allow clearance of at least 16 feet with parking
or other impervious surfaces beneath.
[Added 2-15-2012 by Ord. No. 11-12]
GARAGE, PRIVATE
A garage for the storage of motor vehicles not conducted
as a business.
GARAGE, PUBLIC
A garage for the storage of motor vehicles conducted as a
business.
GROUND-MOUNTED SOLAR ARRAY
A solar energy system, as defined herein, that is mounted
on the armatures anchored to the ground with ground cover beneath.
[Added 2-15-2012 by Ord. No. 11-12]
HEIGHT
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the base of the tower to
the highest point on the tower or other structure, including the base
pad and any antennas or other appurtenances.
HEIGHT OF BUILDING
The vertical distance measured from the average finished
grade level immediately adjacent to the building foundations to the
extreme high point of the building, exclusive of chimneys, antennas,
farm silos and similar fixtures.
HOME OCCUPATION
A customary personal service occupation such as dressmaking,
millinery, home cooking and hairdressing, provided that such occupation
shall be conducted solely in the main building and shall not occupy
more than the equivalent of 1/2 of the area of one floor of said building
or 500 square feet, whichever is less, and further provided that no
display of products made shall be visible from the street and that
no stock-in-trade shall be kept.
HOME OFFICE
A home office primarily used for "telecommuting" or a business
totally self-contained within the dwelling and that does not generate
any vehicular or pedestrian traffic, provided there are no employees
other than occupants of the dwelling, no clients or customers and
no deliveries except as would be generated by a residence not containing
a home office, and further provided that no more than 15% of the floor
area of the dwelling is occupied by the home office.
HOME PROFESSIONAL OFFICE
The office or studio of a resident physician, dentist, lawyer,
architect, engineer or teacher as herein restricted, provided that
no more than two persons are employed who are not members of the family
and that such office shall be in the main building and shall not occupy
more than the equivalent of 1/2 of the area of one floor of said building
or 500 square feet, whichever is less. For the purpose of this definition,
a "teacher" shall be restricted to a person giving individual instruction
in a musical instrument, in singing or in academic or scientific subjects
to a single pupil at a time.
IMPERVIOUS COVERAGE
The percentage of lot area that is occupied by structures,
principal and accessory, and areas which are paved with material having
a coefficient of runoff ("c") as defined by storm drainage computations
in excess of 0.75.
INDUSTRIAL PARK DEVELOPMENT
A land subdivision or development of or for the purpose of
one or more industrial or office buildings, said subdivision or development
having a unified plan for the use of the parcel to be developed or
subdivided.
INDUSTRY or INDUSTRIAL
Means and includes the storage, manufacture, preparation,
processing or repair of any article, substance or commodity and the
conduct of the industrial trade, but shall not mean such preparation,
processing or repair as is customarily applied to articles, substances
or commodities in retail businesses or trade for on-the-premises transactions.
This shall include light industry or light industrial as hereinafter
defined.
INDUSTRY OR INDUSTRIAL, LIGHT
Manufacture, processing, or assembly of materials into a
finished product. This shall not include the manufacture of finished
product from raw materials nor any process or facility which emits
any noise, glare, dust, odors, vibrations, smoke, fumes or other emissions.
LAND USE BOARD
The Planning Board of Harmony Township as authorized pursuant
to N.J.S.A. 40:55D-25(c) to exercise the powers of the Planning Board
and to exercise the authority of the Board of Adjustment. Use of the
term "Land Use Board" shall be as used herein, referring to the Harmony
Township Planning Board in the exercise of its singular and joint
powers.
[Added 2-1-2005 by Ord. No. 05-2]
LIGHT INDUSTRIAL
The fabrication, processing or assembly of goods and materials
into a finished product or the storage/warehousing and/or distribution
of bulk goods and materials whether or not they are related to the
foregoing uses. Light industrial uses shall not include the manufacture
of finished products from raw materials or any process which emits
offensive noise, glare, dust, odors, vibrations, smoke, fumes, objectionable
effluent, or creates a major hazard from fire or explosion.
[Added 12-10-2002 by Ord. No. 02-13;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon a unit.
LOT AREA
The total horizontal area included within lot lines, exclusive
of the area within the street line.
LOT, CORNER
A lot fronting on two or more streets at their intersection.
LOT COVERAGE
The percentage of the lot area that is occupied by the area
of a building and accessory buildings.
LOT WIDTH
The least continuous horizontal dimension between side lot
lines measured at the distance from the street line which establishes
the minimum required front yard, but not less than 75 feet at the
street line. On corner lots, the lot width shall be measured between
a street line and the opposite side lot line.
LOWER-INCOME HOUSEHOLD
A household meeting the regional income limits for low- or
moderate-income households of the same size, according to the United
States Department of Housing and Urban Development or other recognized
source.
LOWER-INCOME HOUSING
Dwelling units which are affordable by purchase or rent to
a qualified lower-income household spending not more than 28% of the
monthly household income for sale housing and 30% of the monthly household
income for rental housing.
LOW INCOME
Households with a gross income equal to 50% or less of the
median gross income of households of the same size within the same
region, according to the United States Department of Housing and Urban
Development or other recognized source.
MOBILE HOME
A structure designed or used for occupancy as a residence,
built upon or having a frame or chassis to which wheels may be attached
by which it may be moved upon a highway, whether or not such structure
has at any given time such wheels attached or is jacked up or skirted.
MODERATE INCOME
Households with a gross income equal to more than 50% but
less than 80% of the median gross income of households of the same
size within the same region, according to the United States Department
of Housing and Urban Development or other recognized source.
MULTIFAMILY DWELLING
A dwelling within a building containing one or more other
dwellings on the floor above or below it and separated from other
dwellings on the same floor by common walls, with each dwelling unit
having a separate entrance either from the out-of-doors or from a
common hall or foyer within the building.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure lawfully existing at the effective
date of this chapter or any amendment thereto affecting such building
or structure which does not conform to the regulations of this chapter
for the zone in which it is situated, irrespective of the use to which
such building or structure is put.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use which does not conform to the regulations
of this chapter for the zone in which it is situated.
ONE-HUNDRED-TEN-PERCENT PRODUCTION
An energy system produces up to 110% of the energy that the
principal use consumes in an average year.
[Added 2-15-2012 by Ord. No. 11-12]
PARKING AREA
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges.
PARKING SPACE
A stall or berth which is arranged and intended for the parking
of one motor vehicle in a garage or parking area.
PERMIT, BUILDING
A certificate issued by the Construction Official authorizing
the construction, reconstruction, remodeling, alteration or repair
of a building or other structure upon approval of the submitted application
and plans.
PERMIT, CERTIFICATE OF CONTINUED OCCUPANCY
A certificate issued by the Construction Code Official certifying
that all requirements of the Uniform Construction Code, this chapter
or such adjustment therefrom which has been granted by the Land Use
Board have been satisfied.
[Amended 2-1-2005 by Ord. No. 05-2]
PERMIT, CERTIFICATE OF USE AND OCCUPANCY
A certificate issued upon completion of the construction
of a new building, certifying that all requirements of the Uniform
Construction Code or this chapter have been satisfied. It indicates
that there are not known or visible violations of the Uniform Construction
Code and that the purpose for which such building is to be used is
in conformance with the uses permitted in the zone in which it is
located.
PERMIT, ZONING
A certificate issued by the Zoning Officer stating that a
proposed building or use will meet all of the requirements of this
chapter.
PLANNED RESIDENTIAL DEVELOPMENT
A tract with a minimum contiguous acreage of 100 acres or
more to be developed as a single entity according to a plan and allowing
a variety of housing types, some of which are designed to meet the
Township's affordable housing obligation.
PLANNING BOARD
The Planning Board of Harmony Township, Warren County, New
Jersey, as authorized pursuant to the provisions of N.J.S.A. 40:55D-25
et seq.
[Amended 2-1-2005 by Ord. No. 05-2]
PRINCIPAL BUILDING
A building within which is conducted the main or principal
use of the lot on which said building is situated.
PUBLIC UTILITIES
Municipal or municipally authorized sewerage systems and
sewage treatment plants, municipal or municipally authorized water
supply and distribution systems and water, electric, gas, telephone
and CATV services provided by independent companies regulated as public
utilities in accordance with applicable state and federal laws.
QUADRIPLEX
See “duplex,” except that the reference to two
dwelling units shall be substituted with a reference to four dwelling
units.
[Added 6-9-2005 by Ord. No. 05-9]
RECYCLING
Any process by which materials which would otherwise become
waste are collected, separated or processed and returned to the economic
mainstream in the form of raw materials or products.
RECYCLING ESTABLISHMENT
A facility designed and operated for receiving, storing,
processing or transferring recyclable material, except that a recycling
establishment shall not include a manufacturer. The term "manufacturer"
as referred to herein shall be defined as a person or entity involved
in the fabrication or formation of goods and articles by hand or mechanical
means. As referred to herein, the term "recycling operations" shall
be defined as either the conversion or transformation of recyclable
materials into a form for use by the manufacturer or as end products.
The term "material" shall employ the generally defined common use
of this noun so as to infer a meaning defining what a thing is or
may be made of, its elements, parts or constituents (raw material).
REGION
Warren, Hunterdon, Somerset and Middlesex Counties, determined
by the Council on Affordable Housing to be the housing region for
Harmony Township.
RESEARCH LABORATORY
A building for experimentation in pure or applied research,
design, development and production of prototype machines or devices
or of new products and uses accessory thereto wherein products are
not manufactured primarily for wholesale or retail sale, wherein commercial
servicing or repair of commercial products is not performed and where
there is no display of any materials or products.
RIGHT-OF-WAY
All of the land, property or interest therein, usually in
a strip, acquired for or devoted to transportation purposes or construction
of a public or quasipublic improvement.
ROOFTOP SOLAR ARRAY
A solar energy system, as defined herein, that is mounted
to the roof of a building or structure.
[Added 2-15-2012 by Ord. No. 11-12]
SERVICE STATION
Any building, place or location designed to supply motor
vehicles with gasoline, oil, grease and supplies and for the inspection,
testing and examination and repair thereof, equipped with gasoline
pumps and oil pumps maintained for the purpose of selling gasoline
and oil; provided, however, that no store maintained for the sale
of automobile parts and sundries, exclusive of gasoline and oil, shall
be deemed to be a service station.
SIGN
Any structural or vehicular device located out-of-doors or
able to be seen out-of-doors, whether part of a building, attached
to a building, located upon the ground, located upon a foundation
or located upon wheels, for the purpose of visual communication to
bring the subject of such device to the attention of the public.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the lot and only incidentally on the lot, if at all.
SIGN, BUSINESS
A sign which directs attention to a business or profession
conducted upon the lot.
SIGN, FREESTANDING
Any sign mounted directly to the ground or to a foundation
or structure solely for the purpose of supporting such sign.
SOLAR ENERGY SYSTEM
A solar energy system, as defined herein, that is used to
generate electricity.
[Added 2-15-2012 by Ord. No. 11-12]
SOLAR PANEL
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 2-15-2012 by Ord. No. 11-12]
SOLAR PRODUCTION SYSTEM
A solar energy system, as defined herein, that is used to
generate electricity.
[Added 2-15-2012 by Ord. No. 11-12; amended 10-8-2019 by Ord. No. 19-11]
STEALTH TOWER STRUCTURE
Man-made trees, clock towers, belt steeples, light poles
and other similar alternative design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
STORY
That portion of any building comprised between any floor
and the floor or roof next above with a minimum clearance of six feet.
STORY, HALF
A story under a sloping roof, the floor of which is not more
than two feet below the plate.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
lane or other way which is an existing state, county or municipal
roadway; or which is shown upon a plat heretofore approved pursuant
to law; or which is approved by official action as provided by this
chapter; or which is shown on a plat duty filed and recorded in the
office of the County Recording Officer prior to the appointment of
a Land Use Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
STREET, INTERNAL
A privately owned and maintained street which is located
entirely within and provides access solely to multifamily dwellings
and/or townhouses within a development and which is neither owned
nor intended to be owned by the Township, county or state.
STREET LINE
Any line dividing a street from a lot. This shall be construed
as the line dividing the street right-of-way from the lot.
STRUCTURE
Any constructed or erected on or under the ground or upon
another structure or building; provided, however, that the word "structure"
shall not be construed to include wires and their supporting poles
or frames of electric or telephone utilities or other service utilities
below or at ground level or their concomitant appurtenances.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephones,
radio and similar communications purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
but is not limited to radio and television transmission towers, microwave
towers, common carrier towers and cellular telephone towers. The term
also includes the structure and any support thereof.
TOWNHOUSE
An attached single-family dwelling in a row of at least three
such units in which each dwelling has its own direct access to the
out-of-doors, no dwelling is located over another and each dwelling
is separated from the other dwellings in the same building by one
or two common side walls.
TRACT
An area of land composed of one or more lots or parcels having
sufficient area and dimensions to meet the requirements of this chapter
for the use(s) permitted.
TRIPLEX
See “duplex,” except that the reference to two
dwelling units shall be substituted with a reference to three dwelling
units.
[Added 6-9-2005 by Ord. No. 05-9]
TRUCKING TERMINAL
An area and building where cargo is stored and where trucks
load and unload cargo on a regular basis.
TWIN HOUSE
A single-family dwelling attached to only one other single-family
dwelling in the same building by means of a common side wall.
USER DAYS
A visit by one person to a recreation site during one day,
regardless of the length of stay or activity participated in.
VILLAGE GREEN HOUSE
A single- or two-family dwelling located on a separate lot,
fronting on common open space designed to create a village green and
accessed by a rear service road. The purpose of a village green unit
is to provide a single-family detached alternative to a multifamily
unit.
WAREHOUSE
A building other than the building in which goods or products
are manufactured, assembled or processed in which goods or products
are stored and awaiting shipment to a purchaser or retail sales establishment.
YARD, FRONT
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building (exclusive
of eaves, provided that the eaves do not project more than two feet
into the front yard) and the street line of the lot and extending
from side lot line to side lot line.
YARD, REAR
A space on the same lot with a building, situated between
the nearest roofed portion of the building and the rear line of the
lot and extending from side lot line to side lot line.
YARD, SIDE
An open, unoccupied space on the same lot with a building,
situated between the nearest roofed portion of the building or of
any accessory building and the side line of the lot and extending
through from the front yard or from the front street line, where no
front yard exists, to the rear yard.
ZERO LOT LINE HOUSE
A single-family detached dwelling located on a lot so that
one of its walls is located on a side lot line but which is not attached
to any other dwelling. Fences and walls may be erected to enclose
all or a portion of the side and rear yard space on the lot to form
a private outdoor patio.