As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY STRUCTURE
A building which is customarily used as an incidental building
to a principal building and located on the same lot with such principal
building excluding, however, any structure which is attached to a
principal building.
APPROVED
As applied to a material, device or method of construction,
approved by the Construction Official or approved by other authority
designated by law to give approval in the matter in question.
BASEMENT
A story, the floor of which is below grade and the ceiling
of which is not less than four feet six inches above grade.
BATHROOM
Enclosed space containing one or more bathtubs, showers or
both and which shall also include the toilets, lavatories, or fixtures
serving similar purposes.
BUILDING SERVICE EQUIPMENT
The mechanical electrical and elevator equipment, including
piping, wiring, fixtures and other accessories, which provide sanitation,
lighting, heating, ventilation, fire fighting and transportation facilities,
essential for the habitable occupancy of the building or structure
for its designated use and occupancy.
CELLAR
A story, the floor of which is below grade and the ceiling
of which is less than four feet six inches above grade.
CENTRAL HEATING SYSTEM
All multifamily dwellings shall provide a heating system
in a fire-resistant enclosed space separate and apart from the area
to be heated, which system is permanently affixed on a fireproof base
and connected by breaching to a stack.
DETERIORATION
The condition of a structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.
DWELLING
A building or structure or part thereof containing one or
more dwelling units or lodging units.
[Amended 12-19-2006 by Ord. No. 2006:25]
DWELLING UNITS
Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used, or designed to be used, for living, sleeping, cooking or
eating.
[Amended 12-19-2006 by Ord. No. 2006:25]
EMANCIPATED MINOR
Any person under the age of 18 who is gainfully employed
and self-supporting or who is married to a spouse who is gainfully
employed and who supports the minor or who is a student living away
from home and in regular attendance at an institution of higher learning.
EXTERIOR PROPERTY AREAS
The open space on the premises and on adjoining premises
under the control of the owners or operators of the premises.
EXTERMINATION
The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food by poison spraying,
fumigating, trapping or by any other approved pest elimination methods.
FAMILY
One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boardinghouse,
lodging house, hotel or motel.
[Amended 12-19-2006 by Ord. No. 2006:25]
FIRE HAZARD (also see "nuisance")
Anything or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire; or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire.
GARBAGE
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
GROSS FLOOR AREA
The total area within a dwelling unit available and accessible
to the occupants thereof for all purposes associated with living in
the unit.
HABITABLE ROOMS
Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
and utility rooms, porches and garages. Other rooms or spaces that
are not used frequently or for an extended period or that have less
than 70 square feet of floor area shall not be considered as habitable
rooms.
[Amended 12-19-2006 by Ord. No. 2006:25]
HOTEL; MOTEL
Any building kept, used, maintained, advertised as or held
out to be a place where sleeping accommodations are supplied for pay
to transient or permanent guests, in which rooms are rented furnished
or unfurnished, including any room found to be arranged for or used
for sleeping purposes with or without meals, for the accommodation
of such guests. Such use shall contain sleeping rooms, each having
its own bathroom, and may also contain meeting rooms, office and temporary
office space, restaurants and retail-commercial space.
[Amended 12-19-2006 by Ord. No. 2006:25; 12-14-2010 by Ord. No. 2010:36]
HOUSING INSPECTORS
All officials, officers or employees of the Township entrusted
with the enforcement of this code.
INFESTATION
The presence, within or contiguous to structure or premises,
of insects, rodents, vermin or other pests.
INOPERABLE MOTOR VEHICLE
Any motor vehicle which cannot be moved under its own power
from place to place by reason of mechanical defects or inadequate
equipment, including but not restricted to the lack of one or more
tires, and which shall remain in such condition for a period of 14
days or more.
KITCHEN
Any room or part of a room used for cooking or the preparation
of food.
MOTOR VEHICLE
An automobile, omnibus, road tractor, trailer, truck, truck-tractor
and other vehicle defined in N.J.S.A. 39:1-1.
NET FLOOR AREA
The net floor area within a dwelling unit shall be computed
by deducting from the gross floor area the following:
(1)
Built-in equipment, wardrobes and closets, bathrooms,
water closet compartments, laundries, serving and storage pantries,
cellars, heating rooms, boiler rooms, utility rooms, kitchens, kitchenettes
and areas utilized for cooking purposes.
(2)
Other rooms or spaces that are not used frequently
and regularly for living purposes.
(3)
Such part of any room where the floor-to-ceiling
height is less than seven feet.
(4)
Any room or part remaining after eliminating
areas in three feet or four feet above which would then contain less
than 70 square feet.
NUISANCE
Includes:
(1)
Any public nuisance known at common law or in
equity jurisprudence or as provided by the statutes of the State of
New Jersey or any ordinance of the Township.
(2)
An attractive nuisance which may prove detrimental
to the health and safety of persons whether in a building, on the
premises of a building or upon an unoccupied lot. This includes but
is not limited to abandoned wells, shafts, basements, excavations,
abandoned iceboxes, refrigerators, motor vehicles, any structurally
unsound structures, lumber, trash, fences, debris or vegetation such
as poison ivy, oak or sumac which may prove a hazard for inquisitive
persons.
(3)
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the condition exists.
(4)
Overcrowding of dwelling units as defined under §
213-42, Occupancy limitations.
[Amended 12-19-2006 by Ord. No. 2006:25]
(5)
Insufficient ventilation or illumination in
violation of this code.
(6)
Inadequate or unsanitary sewerage or plumbing
facilities in violation of this code.
(7)
Unsanitary conditions or anything dangerous
to health in violation of this code.
(8)
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
OCCUPANT
Any person living, sleeping or having actual possession of
a business, dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a structure,
whether with or without the knowledge and consent of the owner. Specifically
included within this definition is any person who has possession or
control of a structure or unit therein as a tenant pursuant to a commercial
lease.
OWNER
The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person in control of a building;
or their duly authorized agents.
PLUMBING AND PLUMBING FIXTURES
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines and water pipes and lines
utilized in conjunction with air-conditioning equipment.
PREMISES
A lot, plot or parcel of land, including the buildings or
structures thereon. For the purpose of this code, a vacant lot shall
be defined as "a lot."
ROOM
A space in an enclosed building or space set apart by a permanent
partition or partitions.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping but not for cooking
or eating purposes.
RUBBISH
All combustible and noncombustible waste materials other
than garbage; and the term shall include, but not be limited to, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,
yard trimmings, tin cans, metals, mineral matter, glass, crockery
and the residue from burning, wood, coal, coke or other combustible
material, solid market and industrial waste.
[Amended 12-14-2010 by Ord. No. 2010:36]
SEWERAGE
Wastes from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine or the water-carried waste from any other fixture
or equipment or machine.
STRUCTURE
That which is built or constructed or any piece of work artificially
built or composed of parts joined together in some definite manner,
the use of which requires more or less permanent location on or in
the ground. The word "structure" shall be construed as if followed
by the words "or part thereof," and shall be construed to include
a building or buildings.
SUPPLIED
Paid for, furnished or provided by or under control of the
owner or operator.
UNIFORM CONSTRUCTION CODE
The latest edition of the Building Code, BOCA, and all subcodes
or such other code as may be designated, or such other code as may
be officially designated by the legislative body of the Township for
the regulation of construction, alteration, addition, repair, removal,
demolition, use, location, occupancy and maintenance of buildings
and structures.
UTILITIES
Gas service and equipment therefor, electric service and
equipment therefor, water supply, including hot water and equipment
therefor.
VACANT
Not occupied by an incumbent, possessor or officer.
VENTILATION
Supply and removal of air to and from any space by natural
or mechanical means.
WASHROOMS
Enclosed space containing one or more bathtubs, showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
WATER CLOSET COMPARTMENT
Enclosed space containing one or more toilets which may also
contain one or more lavatories, urinals and other plumbing fixtures.
WEATHERING
Deterioration, decay or damage caused by exposure to the
elements.
YARD
An open unoccupied space on the same lot with a building
extending along the entire length of a street, rear or interior lot
line.