Florham Park City Zoning Code

A separate and subordinate use or structure customarily incidental to and located on the same lot occupied by the principal use or structure to which it relates. Where an accessory structure is attached to the principal structure by any means, it shall be considered part of the principal structure for the purposes of determining all bulk requirements.

A structure or an increase in floor area or height, added to the original structure after the certificate of occupancy has been issued for the original structure.

The Borough Administrator, unless a different municipal official or officials are designated by ordinance, statute or resolution.

Housing (a) occupied by (i) at least one individual who is age 55 or over or (ii) the surviving spouse of an individual who occupied the housing unit and was 55 years of age or older at the time of death, and (b) not occupied by anyone under age 19.

As applied to a building or structure, a change or rearrangement in the structural parts or an enlargement, whether by extension of a side or by increase in height or by moving from one location to another, or a change in use. (See also N.J.A.C. 5:23-6.4-1.4)

Any structural or mechanical device which is designed for the purpose of sending or receiving television, radio, microwave, telephone, satellite or similar signals transmitted from a geostationary orbit or another land source.

A developer submitting an application for development and the owner of the property to be developed.

The application form and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, development permit or zoning variance or for direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36. (See also Ch. 212).

A facility licensed by the New Jersey Department of Health 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, age 55 or older, unrelated to the proprietor. Apartment units offer, at a minimum, one multipurpose room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

An interior space of a building having a floor level more than two feet below the average level of the finished grade at the front of the building. A basement in a nonresidential building shall be considered a story unless the basement is and remains unfinished and under-utilized except for storage or utility purposes. (See also N.J.A.C. 5:23-1.4.). Notwithstanding the foregoing, basements in office buildings in the POD-S Zone (regardless of finish or use) shall not be counted as a story so long as the finished basement space, and basement space used for purposes other than storage (including vehicle parking) or utility service, are counted as floor area in determining compliance with the limits on maximum permitted office space under § 250-123A(1)(b) below.

Any sign advertising a business, organization or other entity, property, product, service, or entertainment, which is conducted, sold, or offered at a location other than the premises on which the sign is located. This definition shall not include any signs with a sign area smaller than 24 square feet. "Static billboard" shall mean a billboard that does not include internal illumination or digital display, such as a printed copy for a single advertisement. "Digital billboard" shall mean a billboard that uses internal illumination or digital display, including those that contain multiple advertisements that cycle on predetermined intervals.

Any establishment or facility that brews, distills, manufactures, blends, or bottles alcoholic beverages, including, but not limited to, wine, hard cider, mead, cordials, or liquors, provided it is licensed by New Jersey as per N.J.S.A. 33:1-10 (1b), (3d) or (2a) respectively.

A strip or parcel of land containing natural woodlands, earth mounds or other planted screening materials or vegetation which separates one type of land use from another and wherein no use, activities or signs shall be permitted unless permitted by the Planning Board.

A combination of materials to form a construction with a roof, adopted to permanent, temporary or continuous use or occupancy for public, educational, assembly, institutional, residential, business, industrial or storage purposes. The term "structure" as used herein is compatible with but not necessarily limited to an occupancy use. (See also N.J.A.C. 5:23-1.4.)

The percentage of a lot covered by building structures, as measured at the exterior of the walls, and not including the area under roof overhangs that extend under 18 inches beyond the building wall, should there be any. In any instance where an overhang exceeds 18 inches, the entire overhang shall be included in building coverage calculations. Building lot coverage shall include all permanently fixed solid roof structures, with the exception of any accessory structures that are under 200 square feet in area.

The perimeter area within a lot formed by the minimum front, rear and side yards, or other greater established yards.

The certificate issued by the Construction Code Official, in accordance with the New Jersey Uniform Construction Code[1] and the Borough Land Use Ordinances and in conjunction with all construction or change of use, subject to any prior approvals and any conditions established by the appropriate boards having jurisdiction.

The use of the building or land which is in any manner different from the previous use by way of function, operation, extent or change in products sold, handled or manufactured, including a change from one permitted use to another permitted use in the same zone; this includes any change in occupancy or tenancy in nonresidential zones, even if the use remains the same. [(See also § 250-7.2B(l)(b).]

Any institution licensed by the New Jersey State Department of Children and Families (DCF) or its successor agency that provides care for six or more children below 13 years of age who attend less than 24 hours a day. This shall include all child-care facilities, including private day cares, and day cares maintained by a charitable or religious organization.

A form of development that permits a reduction of lot area and bulk requirements, provided that there is no increase in the number of lots permitted under the conventional zone and no increase in the overall density, and that the remaining area is devoted to open space, active recreation or preservation of environmentally sensitive areas.

The New Jersey Council on Affordable Housing.

An education institution authorized by the state to award baccalaureate or higher degrees. The use may include buildings, structures, uses and activities normally associated with institutions of higher learning, such as classroom and laboratory buildings, dormitories, libraries, student centers, faculty residences, auditoriums, gymnasiums and athletic facilities.

Athletic training facilities for professional or amateur sports teams and facilities and/or uses ancillary or incidental thereto, which facilities and/or uses may include buildings containing administrative, operations and business offices, buildings containing gymnasiums, locker rooms and athletic training equipment, dormitories, indoor and outdoor athletic fields, air-supported domes for indoor fields, indoor and outdoor field lighting, surface parking, buildings for maintenance, food service, medical (including, without limitation, rehabilitation and physical therapy facilities and services and related administrative uses), lodging for the players and staff of the sports team, related retail, merchandising, restaurant and entertainment uses, temporary or permanent seating or facilities for public spectator events, including, without limitation, training, practice sessions, special scrimmages, mini-camps, fitness and training camps, marketing events, carnivals, fairs, concerts, and the like, and any other accessory buildings and facilities related or incidental to any of the foregoing uses.

Provision of recreation-related products or services for a fee, where the building or lot or part thereof is used for recreation or entertainment purposes, and may include such uses as indoor sports fields, laser tag, billiards or pool halls, bowling alleys, miniature golf courses, bingo halls, roller skating, and amusement arcades.

Any motor vehicle registered commercially, or used for profit, which is required by law, if used on the highways, to bear any license plate other than that issued for passenger car use under applicable state laws; excluding, however, any passenger automobile not for hire, used and designed for the transportation of fewer than 10 passengers.

A business regulated by the NJ Department of Health and FDA or successor agencies that provides inspected and registered commercial kitchen space for the preparation and storage of food, on a temporary, rental, or scheduled basis for commercial catering, mobile food truck, or other food businesses that do not operate in restaurant building. May include a business that provides commercial kitchen space for start-up food businesses on a fee or rental basis.

Ownership of two or more contiguous parcels of real property by one person or entity, or by two or more persons or entities owning such property as joint tenants or as tenants in common.

A plan intended for informal review and discussion purposes which presents in a general manner the proposed design and features of development, but which carries no vesting rights or obligations to any party.

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 approval therefor by the Planning Board.

The qualified official appointed by the Mayor and approved by the Borough Council to enforce and administer the regulations promulgated by the State Uniform Construction Code. (See N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23-1 et seq.)

Any permit required prior to constructing, moving, altering or demolishing any building or structure.

Means a recovery home that is a rooming or boardinghouse that has been issued a Class "F" License by the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq.

One or more buildings containing suites/occupancy units available to the public, with or without meals. The suites/occupancy units shall be contracted for occupancy on a transient and/or transitional basis. The minimum size of such suites/occupancy units shall be not less than 650 heated square feet and shall include facilities for living, sleeping, eating, cooking and sanitation. At least 50% of the corporate suites provided on any lot shall contain one bedroom, and no corporate suite/occupancy shall have more than two bedrooms. Accessory services and amenities offered by the facility shall include and be limited to a) indoor facilities and services consisting of leasing center, housekeeping services, furnished and unfurnished units, café, vending facilities, lobby/lounge/gallery, structures and facilities, maintenance facilities, commercial laundry, garages, mail facilities, and a state of the art business center, which shall contain a business lounge, computer center/cybercafe videoconferencing facilities, telecommunications facilities, multimedia presentation facilities, copy/production facilities, theater with permanent seating for not more than 35 people, media screen room, meeting rooms and conference facilities, breakout rooms, fitness center, yoga room, spa, massage facilities and other business support areas, and b) outdoor amenities consisting of pool, cabanas, fire pit, passive recreation seating, meeting areas with outdoor furniture, and dancing area, all of which shall be for the exclusive use of occupants and their guests. Use of facilities by guests shall be accessory to the occupant's use of such facilities.

The permitted number of families, individuals, households or dwelling units per unit area of land to be developed.

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 or contract to purchase, or other person having an enforceable proprietary interest in such land.

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, location or enlargement 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 and municipal permits obtained.

Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.

A building or place primarily used for the short-term storage, loading, unloading, as well as accessory consolidation and repacking of goods and/or relatively rapid distribution from the facility to multiple locations. This shall include buildings with dock doors on at least two sides. Fulfillment centers, parcel hubs, and last-mile facilities for local van deliveries may be considered a distribution center, subject to the other requirements of this section.

A sectional door on a building façade above grade, which allows truck trailer doors to open into the building for the loading and unloading.

The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

A grade level door that is located both inside and outside of the building that vertically opens and closes down to the ground, and allows for the passage of vehicles through it.

A single unit of housing providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping eating, cooking and sanitation.

A use or burden imposed upon real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation or particular persons for specific uses.

A use or business that provides private education services, including training facilities, cosmetology and barber schools, fine arts schools, language schools, exam preparation and tutoring, or similar uses, but excluding heavy machinery or mechanical equipment training.

The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

The erection, construction, reconstruction, alteration or maintenance by public utilities, municipal or other governmental agencies of gas, electrical power, water mains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or governmental agencies for the public health, safety or general welfare. Essential services shall include firehouses and first aid and emergency aid squads, whether provided by municipal or nonprofit agency.

The exterior portion of a structural component used at the base of a building, or the foundation, that is visible above grade.

One or more persons customarily living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, hotel or motel; an individual or married couple and the children thereof, with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit.

The use of land for agricultural or horticultural use or for raising poultry or domesticated livestock.

An arrangement of rails, stakes, shrubs, metal, masonry, wood or wire, erected or planted as an enclosure, barrier or boundary. (See also Chapter 216).

A lot not meeting the minimum frontage requirements or not abutting a public street and where access is provided through a narrow private right-of-way or driveway.

A dwelling unit located in a building containing one or more similar units and adjoining said similar units above, below or to the side and which may share with said similar units common facilities, such as entranceways, hallways and utility facilities or systems.

All lands designated flood areas, as determined by a map entitled "Special Flood Hazard Area and Floodway Map," dated January 9, 1976, with latest revisions.

The area of interior floor space computed by measuring the dimensions of the outside walls in a building or dwelling unit, excluding attic, cellar and basement floors, porches, patios, terraces or breezeways, carports, verandahs or garages; provided, however, that floor area shall include any area located below the first or ground floor if used for human habitation or service to the public.

The sum of all floor area of buildings or structures compared to the total area of the site.

A type of building for third-party logistics that receives, processes, and fills customer orders on behalf of retailers. Fulfillment centers are characterized by the presence of multiple mezzanine levels and require additional on-site parking for employee vehicles.

An accessory building or structure or a part of the main building used for the storage of not more than three passenger motor vehicles or two such vehicles and one automotive truck not exceeding a gross vehicle weight of 10,000 pounds' capacity owned or used by the occupant of the building to which the garage is accessory, and in which no occupation, business or service for profit is conducted.

A building or part thereof, other than a private garage, used for the commercial storage, washing, maintenance or repair of motor vehicles for profit, or where any such vehicles are kept for hire.

A building of no more than three stories containing at least three dwelling units, in which one dwelling unit may be located over another unit. Access to individual units may be from common or shared areas.

An area of 50 or more contiguous acres containing a full-size golf course, at least nine holes in length, as well as the necessary and usual accessory uses and structures, including but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools and tennis courts, if not otherwise prohibited by this Code or other ordinance, provided that the operation of such is incidental and subordinate to the operation of a golf course.

A reference plane representing the average of ground levels/elevations in a given area. In the case of grade adjoining a structure at exterior walls, the reference plane shall be established by: the lowest points within the area between the structure and the property line as determined by perpendicular offset from the structure wall; or, where the property line is more than 10 feet perpendicular from the structure, then 10 feet from the four building corners, measured diagonally 135 degrees from each wall where they meet at a 90-degree angle; or, where a public road exists within 50 feet of the structure, the lowest points will include the pavement level of the public road. Ground levels are to be averaged at no more than ten-foot intervals, and include all building corners or a perpendicular distance therefrom.

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be injurious, detrimental or deleterious to the health of any person coming in contact with the same, which materials are set forth and listed by the New Jersey Department of Environmental Protection.

An establishment providing a broad range of facilities and services for the promotion, maintenance, and improvement of the health and well-being of people within the surrounding community, including but not limited to cardiovascular, strength training and other exercise rooms and equipment, individual and group exercise programs, swimming pools, lap pools, therapy pools, whirlpools, locker rooms, private changing rooms, steam rooms, saunas, showers, individual and group aquatic exercise and rehabilitation programs, community health education programs and individual health education counseling, classrooms, nursing offices, health research library, computer laboratories providing internet access to health-related topics, medical spas, health spas, rehabilitation services and facilities, including cardiac rehabilitation and physical, speech, and occupational therapies, child care facilities, caf, and cooking classrooms for training and instruction in the preparation of healthful diets for diabetics, heart patients, and others with special dietary needs, as well as for normally healthy individuals.

The vertical distance of a structure measured from the average elevation of the finished grade 10 feet from the building corners, measured diagonally, to the level of the highest point of the roof. On lots of less than two acres in lot size, where retaining walls are proposed, the height shall be measured from the average grade of the lot prior to construction.

Any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident’s dwelling unit, such as but not limited to physician, dentist, lawyer, architect, artist, engineer, accountant, consultant, teacher of academic subjects or musical instruments, or similar occupations, but shall not include personal service businesses as defined herein, except for medical massage therapists treating patients solely by prescription.

A facility providing rooms for temporary lodging for paying guests, which facility may also include in the same building a fitness center for use of hotel guests, meeting and/or conference rooms, restaurant and/or bar facilities, ballrooms, and ancillary stores, shops, and service facilities, provided that such stores, shops, and service facilities are primarily for the use and convenience of hotel guests and/or patrons of other uses within the hotel building.

A dwelling that is located within a senior citizen housing community and is a) occupied by i) at least one individual who is age 62 or over or ii) the surviving spouse of an individual who occupied the housing unit and was 62 years of age or older at the time of death, and b) not occupied by anyone under age 19.

A use by a public, nonprofit, quasipublic or private institution or entity for educational, religious, charitable or medical purposes. Summer camps shall not be considered institutional uses.

A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.

Ground, soil or earth, including improvements and fixtures on, above or below the surface thereof.

See Chapter 212, Subdivision and Site Plan Review, and Chapter 199, Signs.

An off-street loading or unloading area of at least 420 square feet, exclusive of driveways or aisles giving access thereto, which is accessible from a street, alley, driveway or aisle and is arranged, designed and usable for the temporary parking for loading or unloading of one motor vehicle.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.

A lot at the junction of and bounded by two or more intersecting streets, or a lot bounded on two or more sides of the same street or different streets when these sides form an interior angle of less than 135°.

That percentage of a lot which is improved or is proposed to be improved with buildings and structures, covered by surfaces that have been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including, but not limited to, driveways, parking lots, pedestrian walkways, signs, and other man-made improvements on the ground surface which are more impervious than the natural surface. For purposes of this definition, the area of water within a pool and gravel landscaping and any other items explicitly prescribed under § 250-14E(2) shall be exempt from the lot coverage calculation. Notwithstanding anything to the contrary above, stormwater detention basins (with or without liners) and artificial turf athletic fields shall not be considered to be improved lot coverage.

The average distance between the front and rear property lines of any lot.

The length of the front lot line measured along the street right-of-way line. In the case of corner lots, the line on which the primary entrance faces.

In the case of irregularly shaped lots, the minimum lot width specified in the Schedule (§ 250-9)[2] shall be measured at the rear line of the minimum required front yard area, provided that never shall the frontage of such lot be less than 70% of the minimum frontage required in the Schedule.

A composite of one or more written or graphic proposals for the development of the Borough prepared and adopted pursuant to the Municipal Land Use Law.

Medicaid waiver designates a form of insurance payment for certain assisted living care, health and medical services paid through the Enhanced Community Options (ECO) waiver program which is a home and community-based services waiver for the elderly and disabled. The New Jersey Department of Health and Senior Services must license Medicaid providers of assisted living services. In addition, the New Jersey Department of Health and Senior Services allocates Medicaid waivers to specific licensed assisted living residences. In accordance with N.J.S.A. 26:2H-12.16 et seq., a new assisted living residence or comprehensive personal care home licensed on or after September 1, 2001, shall attain a level of occupancy by Medicaid eligible persons of at least 10% of its total bed complement within three years of licensure and shall maintain this level of Medicaid occupancy thereafter.

Residential facilities within a senior citizen housing community providing housing and care to individuals with Alzheimer's and other forms of dementia and memory impairment. Memory care units will primarily be occupied by senior citizens but may also be occupied by early onset residents of any age.

Any truck or trailer-type structure, over 32 feet in length, designed and used for habitation.

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for motor vehicles and which may include facilities used for repairing, storing, polishing, greasing, washing, maintaining or servicing such motor vehicles, but shall not include convenience stores, motor vehicle body repairing, motor vehicle painting, commercial car washing establishments or the selling of new or used vehicles or the display of those vehicles, new or used, for sale and other businesses to which motor vehicle service stations are necessary.

An attached grouping of more than two dwelling units on a common parcel of real property, commonly referred to as townhouses, apartments, villas, condominiums or low- to moderate-income housing, and having been constructed in conformity with an approved site development plan and any other prior approvals.

N.J.S.A. 40:55D-1 et seq., as amended.

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

A building or structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. Such uses shall not be expanded or enlarged except by variance.

An elementary or secondary school, other than a public school, offering education for grades kindergarten through 12, or any combination thereof, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964 [N.J.S.A. 18A:46A-2b].

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.

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

An improvement which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way, and includes any of the following:

Located on the lot in question.

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or in the neighborhood of such open space.

Means a recovery home in which the residents are self-governing, all residents contribute to the maintenance and expenses of the house, the residents determine who can reside in the house, there is no limit to how long an individual can reside in the house, there is no addiction treatment, therapy, or paid staff provided, the house operates as a single housekeeping unit, and the house is not required to be licensed by the New Jersey Department of Community Affairs.

The keeping, outside the confines of a building, of goods, supplies, equipment, materials and merchandise of any kind intended for use or sale on or off the premises.

A type of warehouse that typically serves as a regional or local freight-forwarder facility for time-sensitive shipments via airfreight or ground carriers that is characterized by a building that is 150 to 300 feet wide, with access to dock doors provided on two opposites of the building and up to all four sides. This use does not include truck maintenance, wash, or fueling facilities.

An accommodation for the parking off-street of one operable, licensed vehicle, which shall be 10 feet wide and 20 feet long. Pursuant to the New Jersey Residential Site Improvement Standards (RSIS), a parking space for residential use shall be a minimum of nine feet wide and 18 feet long.

Any use of land or buildings which shall be allowed, subject to the provisions of this Land Use Ordinance of the Borough.

A business engaged in providing services involving the care of a person, such as beauty salons (which may include cosmetic services such as eyebrow threading, eyebrow microblading or other semipermanent makeup application, eyelash extensions or tinting, or similar services), nail salons, barbershops, tanning salons, nonmedical massage, bodywork and somatic therapy establishments, and exercise and fitness clubs. Personal care services shall not include tattoo or body art businesses.

A business engaged in providing services in the care of animals kept as pets, which includes pet grooming, daytime pet care less than 24 hours a day, and pet obedience and training facilities, but does not include overnight lodging or kennel services.

A contiguous or noncontiguous area greater than 300 acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial, office and such other uses incidental to the prominent use as may be permitted by this chapter.

A planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

An area with a minimum contiguous or noncontiguous area of 450 acres to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ratios of nonresidential uses to residential uses as are specified in this chapter.

An accommodation in the Planned Office District Zones for the off-street parking of one operable, licensed vehicle, which shall be nine feet wide and 18 feet long.

Any container, storage unit or portable structure (commonly known as PODS) designed to be used on a temporary basis and without a foundation for the purpose of storing tangible property for the use of the residents lawfully occupying the subject premises and not for occupancy by persons.

The primary or predominant use of a building or structure.

A use not listed as a permitted use in the Land Use Ordinances of the Borough or which is specifically prohibited.

Buildings, structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.

Right-of-way (public).

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

A facility in which food is prepared and is served for consumption on the premises to patrons seated at tables, booths or counters inside the building by waiters and/or waitresses. (See also Sidewalk Cafe Code, Chapter 208, Article VI.)

A facility or part thereof whose primary, principal, normal and usual function is the sale of food and beverages prepared for immediate consumption and packaged or wrapped in paper or other disposable containers for sale over the counter or at a drive-up window to customers for consumption within the building or off and away from the premises, and may or may not include a drive-through ordering window.

A facility in which food is prepared and is served for consumption on the premises to patrons seated at tables, booths or counters inside the building by waiters and/or waitresses. (See also Sidewalk Cafe Code, Chapter 208, of Article VI.)

A restriction on the use of land usually set forth in a deed and intended to control the future use of lands consistent with present approvals.

Establishments primarily providing services as opposed to products to the general public, such as but not limited to laundry, cleaning and pressing services, tailors, shoe repair, tutoring, and not including personal care services.

A pond, pool or basin used for the permanent or temporary storage of water runoff.

Residential Site Improvement Standards.

A residential community providing a continuum of care primarily for senior citizens and consisting of independent living units, assisted living units, and memory care units, together with support uses and services such as, but not limited to, dining rooms, kitchens, exercise rooms, living rooms, multipurpose rooms, theaters, libraries, salons and studios, laundry rooms, offices, exam rooms, nursing stations, mail rooms, indoor and outdoor recreation, surface and structured parking, and other uses and services customary and incidental to a senior citizen housing community.

The line to which a building must be set back from the property line or street line. The setback is measured to the outermost portion of the structure; provided, however, that architectural features, such as bay windows and chimneys, may project no more than 18 inches into the minimum setback as long as such features do not increase the building's floor area. In any instance where overhangs exceed 18 inches, the entire overhang shall be included in building coverage calculations. Roof overhangs may project no more than 18 inches into any minimum setback area; however, this exemption shall not apply for any residential structures that are proposed as new construction, re-construction on existing foundation, or proposed to be increased by over 20% of the existing ground floor area. Unenclosed front steps and stoops, which may have a roof above, no longer than eight feet wide and six feet deep, with no more than four risers, are permitted encroachments into the minimum front yard setback.

The leasing of a dwelling for fewer than 28 consecutive nights.

Any composition of text, symbols or graphics, object, device, display or structure, or part thereof, situated outdoors or indoors, and intended to be viewed from the outdoors, which is used to advertise, identify, display, direct or attract attention to an object, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. However, a sign shall not include any display of official, court or public office notices or any official traffic control device; nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A sign may have two display faces (See Borough Code Chapter 199, Signs.)

A dwelling unit owned by one person solely, joint tenants, tenants by the entirety, or in common or joint tenancy, on a separate parcel of real property.

An accessory structure located within a surface parking area that covers parking spaces and utilizes photovoltaic technology as a roofing element to generate electricity.

Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. In single-family residential structures, an attic with a clear height of seven feet that exceeds 1/3 of the floor area below shall constitute a story. (See also "basement.")

Any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is: 1) more than six feet above grade plane; or 2) more than 12 feet above the finished ground level at any point, pursuant to International Building Code (IBC).

A street or right-of-way that has not been built but which is shown on an approved plan, subdivision map, tax map or official map and has not been accepted or approved by the Borough.

A street that has not been accepted or approved by the municipality or other governmental entity for the purposes of maintenance or control.

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

A determination by the Council approving municipality's housing element and fair share plan in accordance with the provisions of the Act[3] and the rules and criteria set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

A living arrangement for intellectually and/or developmentally disabled persons providing services and support in a community setting, privately leased or owned by the provider, all of which are utilized for the provision of residential services, which include group homes, supervised apartments, and supportive shared living. All individuals or households occupying supportive and special needs housing shall be of very low, low or moderate income.

The enclosed area in which the tower and its appurtenances are located.

A single-family dwelling contiguous with other such units in which each unit has its own front access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common rated wall assemblies.

The Uniform Construction Code.

The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be lawfully occupied, used or maintained. (See also "permitted use.")

The permission to depart from the literal requirements of this chapter, pursuant to the Municipal Land Use Law.

A building where animals are given medical care and the boarding of animals is limited to short-term care incidental to the medical care, and such boarding is entirely inside such building. This definition shall not include a building used for overnight animal boarding, outside pens or kennels, experimental laboratories, or animal breeding.

A building or place where raw materials or finished goods are stored, where the primary use of the facility is storage. Any such building that contains dock doors on only one side of the building shall be considered a warehouse, not a distribution center. Warehouse facilities used for cold storage shall be considered a warehouse, not a distribution center.

An open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the front street property line and the nearest point of any structure on the lot. Any lot abutting a street less than 50 feet in width shall be construed as having a front street property line located 25 feet from the center line of such street. Any lot abutting a street shown as greater than 50 feet on the Master Plan or Official Map shall provide a front yard measured from the right-of-way required therein.

An open space, unoccupied except by a use hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal structure on the lot. In the case of corner lots, the rear yard shall be opposite the front primary entrance.

An open space, unoccupied except by a use as hereinafter specifically permitted, extending between the front yard and the rear yard of a lot and lying between the side lot line and the nearest point of any structure on the lot.

The official appointed by the Mayor and approved by the Borough Council to enforce the provisions of this chapter, Chapter 188 and Chapter 199, and to prosecute any violation of such provisions in the Borough Municipal Court.

The mandated fee to be paid by an owner, applicant and/or agent to the Borough for the review of a zoning application submitted to the Zoning Official on the form prescribed in the manner acceptable to the Borough for work proposed. The fee is described in the attachment below and is nonrefundable.[4] The fee for a zoning permit, whether approved or denied, is separate from any fees associated with a Board hearing, if needed, or any validly issued construction permit. The owner of the subject property in question for which a zoning permit is filed is the owner of the zoning permit regardless of who pays for it.

A document signed by the Zoning Official which is required by this chapter as a condition precedent to the commencement of use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter, subdivision or site plan approval or has an approved variance therefrom.

Means a deed restriction governing a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93, as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95% of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price.

Means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as "accessory dwelling units".

Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

Means constructed in compliance with the technical design standards of the barrier free subcode adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C.52:27D-119 et seq.) and in accordance with the provisions of section 5 of P.L. 2005, c. 350 (C.52:27D-123.15).

Means the entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.

Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.

Means the municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the Affirmative Marketing requirements.

Means the actual undertaking of Affirmative Marketing activities in furtherance of each project with very low-, low- and moderate-income units.

Means the use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.

Means an average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate-income households.

Means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.

Means a development included in a municipality's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c.2.

Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.

Means the Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.

Means that non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all State funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.

Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.

Means a housing unit that is designed to meet the needs of, and is exclusively for, 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; 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 HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

Means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (C.55:14K-1 et seq.).

Means a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.

Means the holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.

Means court-imposed site-specific relief for a litigant who seeks to build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.

Means a household that has been certified by an administrative agent as a very-low-income household, a low-income household, or a moderate-income household.

Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.

Means the Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).

Means the Commissioner of the Department of Community Affairs.

Means the certification obtained by a municipality pursuant to section 3 of P.L. 2024, c. 2 (C.52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to section 13 of P.L. 1985, c. 222 (C.52:27D-313).

Means new construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217(N.J.S.A. 52:27D-119 et seq.).

Means a judge appointed pursuant to section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.

Mean the State of New Jersey Department of Community Affairs.

Means 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.

Means the New Jersey Department of Community Affairs.

Means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, 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 the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

Means money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.

Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).

Means the Division of Local Planning Services within the Department of Community Affairs.

Means a circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.

Means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal assessor.

Means the product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.

Means litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.

Means the first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.

Means extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.

Means the total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.

Means the plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.

Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

Means the strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

Means the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

Means a household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for Federal income tax liability.

Means the portion of a municipality's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to subsection f. at N.J.S.A. 52:27D-304.1.

Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.

Means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low- and moderate-income households.

Means a determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular ten-year round.

Means a household with a household income equal to 50% or less of the regional median income.

Means a restricted unit that is affordable to a low-income household.

Means 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.

Means any development that includes both a non-residential development component and a residential development component, and shall include developments for which: 1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and 2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.

Means a household with a household income in excess of 50% but less than 80% of the regional median income.

Means a restricted unit that is affordable to a moderate-income household.

Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.

Means a separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c.2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this section.

Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.

Means an appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality.

Means the creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another.

Means an account established pursuant to N.J.S.A. 52:27D-320.

Means the online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.

Means any sale or transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners 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.

Means:

Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.

Means an organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code.

Means the protection a municipality has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.

Means the prior approval of the payment of funds to the municipality by a developer when affordable units are were not produced on a site zoned for an inclusionary development. The statutory permission for payments in lieu of constructing affordable units was eliminated per P.L. 2024, c. 2.

Means a person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.

Means the difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is zero dollars.

Means a housing unit that addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations, including any unit that: 1) received substantive certification from COAH; 2) is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development; 3) is subject to a grant agreement or other contract with either the State or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item 1) or 2) above; or 4) otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: 1) it is created pursuant to a prior round development plan or zoning designation that received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurs sooner; and 2) its siting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance.

Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 of P.L. 2024, c. 2 (C.52:27D-313.2).

Means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to sections 6 and 7 of P.L. 2024, c. 2 (C.52:27D-304.2 and C.52:27D-304.3) for the fourth round and all future rounds of housing obligations.

Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).

Means a lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.

Means an appointed municipal employee who is responsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements.

Means a past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low- and moderate-income housing.

Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.

Means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.

Means any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity.

Means a contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality's affordable housing obligation to another municipality within its housing region.

Means the median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.

Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

Means 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. With respect to units in assisted living residences, rent does not include charges for food and services.

Means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.

Means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this subchapter but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.

Means a method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals.

Means the plan prepared pursuant to sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (C.52:18A-196 et al.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the State, and for the purpose of coordinating planning activities and establishing Statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to subsection f. of section 5 of P.L. 1985, c. 398 (C.52:18A-200).

Means a very low-, low- or moderate-income household certified as income eligible by an administrative agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney—Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this subchapter, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.

Means grant or loan program which provided financial assistance to the development of the unit.

Means a restricted rental unit that is affordable to very low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. A supportive housing unit is intended to provide long-term, community-based housing for individuals with intellectual or developmental disabilities, as defined at N.J.S.A. 30:6D-25(b). Such units must be leased subject to the affordability controls established herein; remain subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) and the project's Affirmative Marketing Program. A supportive housing unit may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this subchapter. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services. Supportive housing units are also referred to as permanent supportive housing units.

Means temporary housing that: 1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; 2) provides access to on-site or off-site supportive services for very low-income households who have recently been homeless or lack stable housing; 3) is licensed by the department; and 4) allows households to remain for a minimum of six months.

Means the Treasurer of the State of New Jersey.

Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.

Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.

Means type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing two units each with separate entrances), duplex (detached building containing two units each with separate entrances), triplex (three units each with separate entrance), quadplex (four units each with separate entrance), multifamily/flat (two or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.

Means a household with a household income less than or equal to 30% of the regional median income.

Means housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.

Means a restricted unit that is affordable to a very-low-income household.

Means a veteran as defined at N.J.S.A. 54:4-8.10.

Means the agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311.j.

Means 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.

A self-contained residential dwelling unit of no less than 300 square feet with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site. Any dwelling unit created or designated as an accessory apartment pursuant to this section shall be and shall remain permanently accessory to the primary use of the property as a single-family dwelling and shall in no way confer upon the property owner any future rights to subdivide the existing lot in order to place the accessory dwelling on a separate lot from the principal dwelling.

The person or persons applying for funds to create an accessory apartment in accordance with the provisions of this chapter.

The Council established by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., also known as "COAH."

The person, agency or consultant designated by the Borough Council to perform the duties described in this chapter. The Borough Council may appoint the Borough Housing Liaison as the Housing Administrator.

A household with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:93-1 et seq., or its subsequent rules and regulations.[2]

A household with a gross household income more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:93-1 et seq., or its subsequent rules and regulations.[3]

An allowance for utilities that is consistent with the personal benefit expense allowance for utilities as defined by HUD (or a similar allowance approved by COAH).

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c.362 (C.48:25-1 et al.).

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).