As used in this chapter, the following terms shall have the meanings indicated:
ABUTTING COUNTY ROADAny existing or proposed county road shown on the adopted county master plan or official map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.
ACCESSORY STRUCTUREA structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
[Added 10-25-2023 by Ord. No. 2023-13]
ACCESSORY USEA use of land or of a building or portion thereof customarily incident and subordinate to the principal use of the land or building and located on the same lot with the principal use.
[Added 10-25-2023 by Ord. No. 2023-13]
ADMINISTRATIVE OFFICERThe Secretary of the Planning Board for the Planning Board and Zoning Officer for the Board of Adjustment.
ADDITIONAn extension or increase in floor area or height of a building or structure.
ADVERSE DRAINAGE CONDITIONThe absence of drainage facilities, drainage easements or drainage rights-of-way leading to, along or through a street, road, drainage structure or property, either within or exterior to a proposed subdivision or site plan of such location, size, design, construction or condition, which would provide adequately for storm drainage or which would prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure or property or remove the threat of such damage.
AGE-RESTRICTED HOUSINGA housing community where the minimum age for at least one resident shall be 55 and no children under age 18 shall reside in the unit.
[Added 6-20-2006 by Ord. No. 2006-10]
AIRPORTA facility where aircraft or airborne vehicles, of all types, land and take off and which may provide storage, maintenance and fuel services for such aircraft and which, as to design, surface maintenance, repair and management thereof, meets the minimum requirements of and is licensed pursuant to N.J.S.A. 6:1-1 et seq., whether such facility is public or private. The term "airport" shall include airstrip, airfield, landing field, landing strip, heliport, helistop and all other like facilities.
ALTERATIONA change or rearrangement in the structural parts, the means of egress or an enlargement, whether by extending on a side or by increasing in height of a building or structure; or to change the use of a structure or land or to move a structure from one location or position to another.
ANIMAL HOSPITALA place where animals or pets are given medical or surgical treatment. The keeping or boarding of animals shall be accessory to and incidental to such hospital use.
ANIMAL KENNELAny structure or premises in which animals are kept, boarded, bred or trained for commercial gain, as the principal use.
ANTENNAAny exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), television frequencies, wireless telecommunications signals or other communications signals.
APPLICANTA developer submitting an application for development.
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit, pursuant to this chapter.
APPROVED PLANA plan which has been approved by the Planning Board and/or Board of Adjustment of the Township of Hardyston.
APPROVING AUTHORITYThe Hardyston Planning Board and/or Zoning Board as is designated by this chapter or statute.
ARABLE SOILSoil that, when dry, contains not less than 4% by weight of organic matter and the balance of which is mineral matter.
[Added 8-28-2019 by Ord. No. 2019-11]
ASSISTED LIVING FACILITYA facility which is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that a coordinated array of supportive personal and health services are available when needed for residents, for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
[Added 7-9-2014 by Ord. No. 2014-09]
AUCTIONA sale of property, whether real or personal, to the highest bidder, where all persons attending who choose to do so are permitted to offer bids.
AUCTION MARKETAny premises on which are held at periodic times, and from time to time, (auction) sales of merchandise or personal property.
BASEMENTA space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
BLOCKThe area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this chapter.
BOARDERA person who, by prearrangement for a consideration, consumes one or more of his or her daily meals on site and who is not related to the head of the household.
BOARDINGHOUSEAny dwelling in which people, either individuals or as families, by prearrangement and for a consideration, provides one or more daily meals for consumption on site by boarders and which provides such services for five or fewer individuals or family groups. Such dwelling may also provide lodging for its boarders.
BOARDSThe Hardyston Planning Board and the Hardyston Zoning Board of Adjustment.
BUFFERA strip of land containing natural woodlands, earth mounds or other planted screening materials and separating one kind of land use from another or separating a planned development from any other development.
BUILDINGA structure which is designed, built or occupied as a shelter; or roofed enclosure for persons, animals, property or shelters, located on foundations or other supports and used for residential, business, mercantile, storage, commercial, professional, industrial, institutional, assembly, educational or recreational purposes.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the finished grade at the foundation to the highest point of a flat roof, to the deckline of a mansard roof and to the mean height of the primary roof between the eaves and the ridge for gable, hip and gambrel roofs.
[Amended 6-1-2004 by Ord. No. 2004-7; 3-1-2011 by Ord. No. 2011-01]
BUILDING LINE (or BUILDING SETBACK LINE)A line established by the Zoning Ordinance, within a lot, defining the minimum distance between any structure, or portion thereof, to be erected or altered and an adjacent right-of-way, easement, street line or common open space.
BUILDING PERMITA permit required prior to constructing, moving or altering any building or structure issued in compliance with the New Jersey Uniform Construction Code Act and this chapter. (See also "zoning permit".)
CARPORTA roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CELLARA space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground.
CERTIFICATE OF OCCUPANCYThat permit issued by the construction official in accordance with the New Jersey Uniform Construction Code Act and this chapter.
CERTIFICATIONA signed, written statement, by the appropriate officer, that specific constructions, inspections, tests or notices, where required, have been performed and that such comply with this chapter.
CHURCHLand and buildings devoted to and used for worship or asylum and entitled to exemption from taxation, pursuant to the provisions of N.J.S.A. 54:4-3.6.
CIRCULATIONSystems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CIVIC BUILDINGA building owned by a government unit or by a nonprofit or religious corporation which is used primarily for purposes of promoting public education, knowledge or the general welfare and may be used for public gatherings.
CLEAR SIGHT TRIANGLEThe triangle formed by the point of intersection of the right-of-way lines of two intersecting streets and the points on each, at a given distance from the point of intersection, said points being connected by a straight line.
COMMERCIAL VEHICLETrucks, buses, sedan delivery vehicles, station wagons with advertising matter on their sides or any other commercially used vehicles, except a passenger car with commercial plates with no advertising matter exposed to view.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water, within the site designed and intended for the use or enjoyment of residents and owners of the development and/or community. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the development, as permitted.
COMMON OR PARTY WALLA vertical wall and/or horizontal separation forming a structural part of two buildings or of two separately owned and/or rented units in the same buildings.
COMMON OWNERSHIPOwnership of two or more contiguous parcels of real property by one person or by two or more persons, jointly.
COMMUNITY FACILITIESBuildings, structures, recreational devices, service systems and other facilities generally available to and/or operated for the benefit of residents, including but not limited to swimming pools, tennis courts, building entries and passageways, roads, drainage systems, pedestrian and bicycle pathways, sewage treatment plants and other facilities.
COMPLETE APPLICATION(1) An application form completed as specified by this chapter or any other applicable ordinance and the rules and regulations of the Planning Board and all accompanying documents required by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the Planning Board or other reviewing municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any additional information or any revisions in the accompanying documents so required by the municipal agency.
(2) An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time periods for action by the Planning Board or other municipal agency.
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefore by the Planning Board.
CONFERENCE CENTERA facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities and meeting rooms.
[Added 4-6-1999 by Ord. No. 99-4]
CONFORMING LOTA parcel, plot or area of land abutting a street in compliance with the minimum requirements of N.J.S.A. 40:55D-35, exclusive of any area within such street, whose area is sufficient to provide the yard space and setback requirements and the minimum area requirements for the zone district in which it is located and in compliance with all other minimum requirements for said district as required by this chapter.
CONTINUING CARE RETIREMENT COMMUNITYAn age-restricted development that provides a continuum of accommodations and care from independent living to long-term skilled nursing care and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee in excess of one year of monthly fees.
[Added 10-20-1998 by Ord. No. 98-6]
COUNTRY CLUBLand area and buildings containing golf courses, recreational facilities, clubhouse and customary accessory uses open only to members and their guests.
[Added 10-20-1998 by Ord. No. 98-6]
COUNTY MASTER PLANA composite of the plan elements for the physical development of Sussex County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
COVERAGE RATIOThe portion of a site, expressed as a percentage, covered by impervious materials.
COURTAny open, unoccupied area which is bounded by three or more building walls.
CRITICAL AREAA sediment-producing, highly erodible or severely eroded area.
CUL-DE-SACThe turnaround at the end of a dead-end street.
CUTPortion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.
DEAD-END STREETA street or portion of a street which is accessible by a single means of ingress or egress.
DEDICATIONAn appropriation or the giving up of property to public use or to the use by a community agency or community association which precludes the owner or others holding rights through the owner, from asserting any right of ownership inconsistent with the use for which the property is dedicated.
DEDICATION FOR STREET PURPOSESA dedication of land for construction, reconstruction, widening, repairing, maintaining or improving a street, public or private and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said street, including but not limited to curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land 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.
DEVELOPMENT REGULATIONZoning, subdivision, site plan, official map or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to the Municipal Land Use Law.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
[Amended 7-18-2000 by Ord. No. 2000-14]
DRIVE-IN RESTAURANTA building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption of the same takes place or is designed to take place outside the confines of the building in a motor vehicle or on the site.
DRIVE-THROUGH FACILITYA commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premises and to a window or mechanical device through or by which the customer is serviced without exiting the vehicle.
[Added 9-30-2021 by Ord. No. 2021-07]
DWELLING, ATTACHEDA single-family dwelling attached to two or more single-family dwellings by common vertical walls.
DWELLING, SEMIDETACHEDA single-family dwelling attached to one other single-family dwelling by a common vertical wall.
DWELLING UNITOne or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household.
DWELLING, ZERO-LOT-LINE DETACHEDA single-family dwelling located on a lot in such a manner so that one or more of the building's exterior windowless sidewalls rest directly on a lot line and which unit is connected to central sewer and water systems.
EDUCATIONAL USEPublic, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the state. Educational uses shall also include institutions of higher education duly licensed by the State Department of Higher Education. Summer day camps shall not be considered as educational uses or accessories to such uses.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance, by public utilities, municipal or other governmental agencies, of underground, surface or overhead gas, electrical, stream or water transmission or distribution systems, including electrical substations, telephone dial centers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories, in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities, municipal or other governmental agencies for the public health, safety or general welfare. "Essential services" shall include firehouses, first aid and emergency aid squad, whether provided by a municipal or nonprofit agency, pumping stations, sewerage treatment facilities, standpipes and water storage tanks.
[Amended 6-1-2004 by Ord. No. 2004-4]
FAAThe Federal Aviation Administration.
[Added 3-16-1999 by Ord. No. 99-1]
FAMILYAny number of persons related by blood, marriage or adoption or unrelated individuals maintaining a household. A family shall also include foster children but shall not include roomers or members of a fraternity or sorority.
FARMAn area of land which is actively devoted to agricultural or horticultural use which occupies no less than five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4 and 54:4-23.11.
FARM BUILDINGAny building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm.
FARM STANDAn accessory use in connection with the principal use of farming where goods are available for sale, such goods having been produced on or by the principal use.
FCCThe Federal Communications Commission.
[Added 3-16-1999 by Ord. No. 99-1]
FENCEA structure of wood, metal, stone, masonry or other material; and shall also include barriers formed by living vegetation.
FILLSand, gravel, earth or other materials of any composition whatsoever, placed or deposited by any person or persons.
FINAL APPROVALThe official action of the Planning Board or Board of Adjustment taken on a development plan which had been given preliminary approval, where required and after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FLOOR AREA, GROSSThe sum or the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls, but not including areas devoted exclusively to off-street parking and loading space for motor vehicles or any space where the floor-to-ceiling height is less than seven feet.
FLOOR AREA RATIOThe ratio of the gross floor area of all buildings on a lot to the lot area.
FLY ASHParticles of gas-borne matter, not including process materials, arising from the combustion of solid fuel, such as coal or wood.
GARAGE, PRIVATEA detached accessory building or portion of the principal building, designed primarily for the storage of passenger vehicles and not more than one commercial vehicle with a rated capacity not exceeding 3/4 ton.
GARAGE, PUBLICA building or portion thereof, other than a private garage, which is primarily used for the storage, maintenance and repair, both major and minor, of motor vehicles and the related sales of motor vehicles and which may include such facilities designed or used for polishing, greasing, washing, spraying and otherwise servicing such motor vehicles incidental thereto, other than service stations, as hereinafter defined, the sale of motor fuel and the sale of previously registered motor vehicles, commonly referred to as "used cars." The sale of previously registered automobiles as a primary use shall be prohibited.
GOLF COURSEA tract of land a least 100 acres in size if laid out for nine holes of golf and at least 200 acres in size if laid out for 18 holes of golf in accordance with United States Golf Association standards and improved with tees, greens, fairways and hazards and that may include a clubhouse and shelter and operated as a commercial enterprise or as a country club.
[Added 10-20-1998 by Ord. No. 98-6]
GOLF VILLASA detached residential structure containing not more than four bedrooms with a common living area and common kitchen. Golf villas shall be limited to areas of the C-R Zone within 1,500 feet of a hotel/conference center.
[Added 6-20-2006 by Ord. No. 2006-10]
GRADE, FINISHEDThe final grade or elevation of the ground surface conforming to the proposed design.
GRADINGAny stripping, culling, filling, stockpiling, or any combination thereof, including the land in its cut or filled condition.
HAZARDOUS MATERIALSInclude but is not limited to inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; and coal tar acids, such as phenols and cresols and their salts.
HEARING AGENCYThe Planning Board and/or Zoning Board of Adjustment of the Township of Hardyston.
[Added 8-28-2019 by Ord. No. 2019-11]
HISTORIC SITEAny building, structure, area or property that has been designated to be significant in the history, architecture, archaeology or culture of this state, its communities or the nation pursuant to the New Jersey Municipal Land Use Law.
HOME OCCUPATIONAny occupation for gain or support, conducted by the members of the family residing in a dwelling unit and conducted solely within the dwelling unit or accessory building.
HOSPICE CARE PROGRAMA program which is licensed by the State of New Jersey Department of Health to provide palliative services to terminally ill patients in the patient's home or place of residence, including medical, nursing, social work, volunteer and counseling services.
[Added 7-9-2014 by Ord. No. 2014-09]
HOTELA building which contains furnished living units for its occupants and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies and providing, among other things, such services and features as lobby, mail and valet services, linens, central dining rooms, lounges, concessions, room service, dispensary, game and hobby rooms, public assembly areas and other services and features, including twenty-four-hour desk service. Living units may be provided for the sole use of resident employees, provided that the same do not exceed 3% of the living units provided. (See "motel.")
HOUSEHOLDA family living together in a single dwelling unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
IMPERVIOUS SURFACE.A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
[Amended 10-25-2023 by Ord. No. 2023-13]
INSTITUTIONAL USESA use by a public or nonprofit quasi-public or private institution for educational, religious, charitable or medical purposes.
JUNKAny scrap, waste, reclaimable material and debris, whether or not stored or used in conjunction with the dismantling, processing, salvage, storage, baling, disposal or other use or disposition. "Junk" may include, for purposes of illustration, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, plaster, household appliances, wood, lumber, brush and building materials.
JUNKYARDAny area, lot, parcel, building or structure used for the storage, sale, processing, abandonment or storage of junk.
LAND DISTURBANCEAny activity involving the clearing, cutting, excavating, filling, grading and any other activity which causes land to be exposed to the danger of erosion.
LIGHT INDUSTRYThe manufacture, compounding, assembly or treatment of articles or merchandise from previously prepared materials which meet the standards established in Article
XVI of this chapter.
LOADING SPACEAn off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law.
LOT AREAThe computed area contained within the lot lines, but not including any street rights-of-way.
LOT, CORNERA lot at the junction of and having frontage on two or more intersecting streets.
LOT COVERAGEThat portion of one lot or more than one lot which is improved or is proposed to be improved with buildings, structures, or impervious surface, including but not limited to driveways, parking lots, pedestrian walkways and other man-made improvements.
[Amended 10-25-2023 by Ord. No. 2023-13]
LOT LINEA boundary line of record. (See also "yard" definitions.)
LOT, THROUGHAn interior lot which extends from one street to another.
LOT WIDTHThe distance between the side lot lines measured at the building setback line.
MAINTENANCE GUARANTYAny security which may be accepted by the Township for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
[Amended 7-18-2000 by Ord. No. 2000-14]
METEOROLOGICAL TOWER or MET TOWERA structure designed to support the gathering of wind energy resource data and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
[Added 11-23-2010 by Ord. No. 2010-25]
MOBILE HOMEA single-family dwelling, having no permanent foundation, designed and constructed to be transported on its own wheels by traction to a site, capable of being relocated to another site and not normally designed and constructed to comply with the requirements of the Building Code for a conventional structure. (See "trailer.")
MOTELA building which contains living or sleeping accommodations for transient occupancy and have individual outside entrances to each unit.
MOVABLE DWELLINGA structure or facility designed and constructed for residential occupation but not necessarily to comply with Building Code requirements for conventional residential construction, which may be transported to the site upon which it is to be used as a unit or as sections, comprising one or more rooms capable of being assembled to form a dwelling which is designed and constructed so as to be and capable of being relocated, provided that this shall not be construed to include houses which were originally erected on one location and permanently to the freehold before being moved or modular homes. (See "trailer.")
MULTI-LEVEL HOUSINGA single-family ownership dwelling unit in a structure containing at least three such units in which each unit has direct access to the outside or to a common hall and is separated from another unit by one or more horizontal and vertical common fire-resistant walls.
[Added 10-5-1999 by Ord. No. 99-8]
NATURAL FEATURESThe earth itself, the water upon or under the surface of the earth, the air above the earth and plants, animals, fish, birds, insects and other living creatures growing upon or inhabiting the earth, the water or the air.
NONCONFORMING BUILDING OR USEA building or structure or use lawfully existing at the time of enactment of this chapter or subsequent amendments thereto that does not conform to the regulations of this chapter for the zone in which it is located.
NONCONFORMING LOTA lot or parcel which does not have the minimum width or contain the minimum lot area for the zone in which it is located.
NUISANCE ELEMENTAny smoke, solid particles or fly ash, odors, liquid wastes or gaseous waste, solid wastes, radiation, noise, vibration, glare or heat or maintenance of junk.
NURSERY SCHOOLA facility designed to provide daytime care of instruction for five or more children from two to five years of age, inclusive and operated on a regular basis and meeting minimum state requirements.
NURSING HOMEA facility that is licensed by the New Jersey Department of Health to provide health care under medical supervision and continuous nursing care for 24 or more consecutive hours to two or more patients who do not require the degree of care and treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.
[Amended 7-9-2014 by Ord. No. 2014-09]
OFFICEA building or portion thereof used as the place of business of a person, corporation, firm or public agency for professional services and administrative and executive purposes, as distinguished from a shop or store.
OFF-SITELocated 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 the closest half of the street or right-of-way abutting the property of which the lot is a part.
[Amended 7-18-2000 by Ord. No. 2000-14]
OFF-TRACTNot located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
ON-SITELocated on the lot in question and excluding any abutting street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
ON-TRACTLocated on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
[Amended 7-18-2000 by Ord. No. 2000-14]
OPEN SPACEAny 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 neighboring such open space, provided that such area may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. (See also "building coverage and lot coverage.")
OPEN SPACE, COMMONAn open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
OPEN SPACE, PUBLICAn open space area conveyed or otherwise dedicated to the Township or a Township agency, board of education, state or county agency or other public body for recreational and conservational uses.
OWNERAn individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest to seek or authorize development of land under this chapter.
PARKING AREA, PRIVATEAny open area, including parking spaces, driveways and access aisles or other public way, used for the temporary storage of automobiles and other permitted vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLICAny open area, including parking spaces, driveways and access aisles, other than a street or other public way, used for the temporary storage of automobiles and other permitted vehicles and available to the public, with or without compensation, or as an accommodation for clients, customers and employees.
PERMANENTLY AFFIXEDAny building or structure with foundation walls or footings that support the aboveground elements and which cannot easily or conveniently be removed therefrom.
PERMITTEEAny person to whom a permit is issued in accordance with this chapter.
PERSONA corporation, company, association, society, firm, partnership or joint-stock company, as well as an individual, the state and all political subdivision of the state or any agency or instrumentality thereof.
PRINCIPAL STRUCTUREA structure arranged, adapted or designed for the predominant or primary use for which a lot may be used.
PROFESSIONAL USEA building or portion thereof used as the place of business of a person, corporation, firm or public agency for professional services.
PUBLIC UTILITY USESTelephone or telegraph systems, plant or equipment, electric power plants, substations or equipment, microwave relay and transmission facilities, cable television, plant, water company wells, storage facilities and pumping equipment, gas transmission pumping stations, for public use or to provide services to the public, excluding actual transmission lines.
[Amended 6-1-2004 by Ord. No. 2004-4]
QUADRAPLEX DWELLINGFour attached dwellings in one building in which each unit has two open space exposures and shares one or two walls with the adjoining unit or units.
[Added 3-23-2016 by Ord. No. 2016-03]
QUARRYA place where stone, slate, shale or other consolidated material is excavated, crushed, washed or graded for sale as a business.
[Added 8-28-2019 by Ord. No. 2019-11]
QUARRYINGThe excavating of consolidated material for sale as a business.
[Added 8-28-2019 by Ord. No. 2019-11]
RECREATION FACILITYA place designed and equipped for the conduct of sports and leisure time activities.
[Added 10-25-2023 by Ord. No. 2023-13]
RECREATION FACILITY, PERSONALA recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupant of the principal use and their guest.
[Added 10-25-2023 by Ord. No. 2023-13]
RECREATION FACILITY, PRIVATEA recreation facility operated by a private organization and open only to bona fide members and guests.
[Added 10-25-2023 by Ord. No. 2023-13]
RESIDENTIAL APPEARANCEA building or structure having the appearance of a single-family residence generally similar to single-family residences, Classes 15 through 20, inclusive, as depicted in the Real Property Appraisal Manual for New Jersey Assessors, Third Edition, issued by the Property and Public Utility Branch, Division of Taxation, Department of the Treasury, State of New Jersey.
RESIDENTIAL CLUSTERAn 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.
RESIDENTIAL DENSITYThe number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
RESTAURANTAn establishment in which food or drink is prepared, served and consumed within the principal building.
RETAIL, DRIVE-THROUGHA retail business as defined herein that by design, physical facilities, service or packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their vehicle (also referred to as "retail drive-through").
[Added 9-30-2021 by Ord. No. 2021-07]
ROADSIDE STANDSAn open or covered structure of permanent or temporary construction which fronts on a public street located on land which is owned or leased by the operator for the purposes of direct-to-consumer commodity sales.
ROOMERA person other than a member of a family occupying a part of any dwelling unit, who, for a consideration, is furnished sleeping accommodations only in such dwelling unit.
ROOMING HOUSEAny dwelling or part thereof in which space is let by the owner or operator to more than three roomers who are not members of the family.
SERVICE STATION, AUTOMOTIVEA retail place of business engaged primarily in the sale of motor fuel, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist's needs. Major automobile repairs, painting and body and fender works are functions associated with a public garage and not with a service station.
SHOPPING CENTERA group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved plan.
[Amended 4-6-1999 by Ord. No. 99-4]
SIGHT TRIANGLEA triangular-shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit to obstruct sight distance.
SIGNAny announcement, declaration, demonstration, billboard, display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product when the same is placed, erected, attached, painted or printed to advertise or promote the interest of the same, when placed out of doors in view of the general public or placed where it may be viewed from the outside of any structure where placed.
SIGN, BANNERA temporary advertising sign made of lightweight material that is supported by a lightweight pole or frame, or is affixed to an existing sign, building or other structure by ties, screws, nails or other temporary means.
[Added 5-7-2013 by Ord. No. 2013-04]
SIGN, ELECTRONIC MESSAGEAn illuminated sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
[Added 5-7-2013 by Ord. No. 2013-04]
SIGN, FREESTANDINGA permanent pole, ground or monument sign attached to the ground and supported by uprights or braces attached to a foundation in the ground and not attached to any building.
[Amended 3-1-2011 by Ord. No. 2011-01]
SIGN, MESSAGE BOARDPermanent sign with manually changeable copy.
[Added 11-8-2017 by Ord. No. 2017-08]
SIGN, MONUMENTA freestanding standing sign that is constructed upon a solid-appearing base or pedestal which is not less than than half the width of the message portion of the sign.
[Added 3-1-2011 by Ord. No. 2011-01]
SIGN, OFF-PREMISESA sign which advertises a business which is not conducted or a product which is not sold on the lot where the sign is located.
SIGN, POLEA freestanding sign that is erected on a mast, frame, poles or pylons which are solidly affixed to the ground. Pole signs shall allow for visibility between the bottom edge of the sign and the supports used to erect the sign.
[Added 3-1-2011 by Ord. No. 2011-01]
SIGN, SANDWICH BOARDA portable sign easily moved from place to place on a stand or A-type frame and having no permanent attachment to the ground.
[Added 5-7-2013 by Ord. No. 2013-04]
SIGN, SUSPENDEDA sign hanging from a marquee, awning, porch or canopy.
[Added 5-7-2013 by Ord. No. 2013-04]
SIGN, TEMPORARYA sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.
[Added 5-7-2013 by Ord. No. 2013-04]
SMALL WIND ENERGY SYSTEMA wind energy conversion system consisting of a wind turbine, a tower and associated conversion electronics, which has a rated capacity consistent with the applicable provisions of 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.), and technical bulletins issued pursuant to Section 2 of P.L. 2009, c. 244 (N.J.S.A. 40:55D-66.13), and which is used primarily for on-site consumption and has a nameplate capacity of 100 kilowatts or less.
[Added 11-23-2010 by Ord. No. 2010-25]
SOIL, ARABLEThat soil to a minimum depth of six inches that will support growth.
SOLAR ENERGY SYSTEMA solar energy system and all associated equipment which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
[Added 11-23-2010 by Ord. No. 2010-25]
SOLAR PANELA structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
[Added 11-23-2010 by Ord. No. 2010-25]
STEALTH TOWER STRUCTUREMan-made trees, clock tower, bell steeples, light poles and other similar alternative-design mounting structures that camouflage and/or conceal the presence of antennas or towers.
[Added 3-16-1999 by Ord. No. 99-1]
STORYThat portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above. A basement shall not be considered a story except when the basement is more than six feet above the average elevation of the finished grade at the foundation, is more than six feet above the finished grade for more than 50% of the total building perimeter or is more than 12 feet above the finished grade at any point.
[Amended 3-1-2011 by Ord. No. 2011-01]
STORY, HALFA space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space the possible floor area with a head room of five feet or less occupies at least 40% of the total area of the story directly beneath.
STREET Any public or private right-of-way commonly used by the public for motor vehicle movement and which is approved for purposes of issuing building permits. For purposes of this chapter, such rights-of-way may be classified as follows, but such classification does not mean that the right-of-way thus identified is approved for purposes of issuing building permits:
(1) ARTERIALA street so designated in the duly adopted Hardyston Master Plan.
(4) LOCALA street which is used primarily for access to abutting properties.
STREET LINEThe line which separates the publicly owned or controlled or publicly used street right-of-way from the private property which abuts upon said street, as distinct from a sidewalk line, curbline or edge of pavement line.
STRIPPINGAny activity which removes or significantly disturbs the vegetative surface cover.
STRUCTUREAnything constructed or erected which require permanent or temporary location on, in or under the ground or attachment to something having such location, excluding unroofed patios, agricultural fences five feet in height and under.
SUBDIVIDED LAKE COMMUNITIESA residential lake. community with single-family residences on individual lots.
[Added 10-20-1998 by Ord. No. 98-6]
TOPSOILThe arable soil within eight inches of the surface.
[Added 8-28-2019 by Ord. No. 2019-11]
TOWERAny structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers and cellular telephone towers. The term also includes the structure and any support thereof.
[Added 3-16-1999 by Ord. No. 99-1]
TOWNHOUSEA building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by party walls extending from the foundation to the roof and providing two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating, electric and gas services.
TRACTORA motor vehicle specifically designed or equipped to haul or pull any wheeled vehicle licensed to go upon public roads or highways.
TRAILERA wheel-based vehicle that is designed to be propelled by a towing vehicle and which is used or may be used as a dwelling or for the transportation or storage of goods, materials, livestock or any object. For the purposes of this chapter, "trailers" shall be considered buildings and are intended to be regulated as such, where trailers are permitted. The regulations of this chapter that apply to trailers shall also apply to the following vehicles as herein defined below:
(1) CAMPING VEHICLEA portable structure or a wheel-based structure built on a chassis, which is self-propelled or designed to be propelled by a towing vehicle or carried as a self-propelled vehicle and which is designed and intended to be used as a temporary dwelling for travel, recreation or vacation purposes.
(2) TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and when factory equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding 32 feet.
(3) PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(4) MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(7) BOAT TRAILERA trailer designed for the purpose of transporting a boat overland.
(8) HORSE TRAILERA trailer designed for the purpose of transporting horses or animals overland.
(9) TENT TRAILERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
UNSUBDIVIDED LAKE COMMUNITIESA residential lake community in which the land is not in fee simple ownership in connection with the structure (for example the Lake Gerard, Beaver Lake and Rock Lodge communities.)
[Added 10-20-1998 by Ord. No. 98-6]
VEHICLE, MOTORA self-propelled device which is licensed as a motor vehicle by the State of New Jersey.
VEHICLE, RECREATIONALA vehicular portable structure which can be towed, hauled or driven, primarily designed as temporary living accommodations for recreational, camping and travel use and including travel trailers, truck campers, camping trailers and self-powered motor homes.
VEHICULAR SALES AREAAn open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
WIND ENERGY SYSTEMA wind energy conversion system consisting of a wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire inverter, batteries or other components necessary to fully utilize the wind generator.
[Added 11-23-2010 by Ord. No. 2010-25]
WIND TURBINEEquipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and transfer energy.
[Added 11-23-2010 by Ord. No. 2010-25]
YARDAn open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as permitted in this chapter.
YARD, FRONTA space extending across the full width of the lot between any principal building and the front lot line and measured perpendicular to the front lot line at its closest point to the principal building. Said front yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
[Amended 6-1-2004 by Ord. No. 2004-7]
YARD, REARA space extending across the full width of the lot between the principal building and the rear lot line measured perpendicular to the rear lot line at its closest point to the principal building. Said rear yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
[Amended 6-1-2004 by Ord. No. 2004-7]
YARD, SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular to the side lot line at its closest point to the principal building. Said side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.
ZONING PERMITA document signed by the Zoning Officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom or is a nonconforming use.