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Hightstown City Zoning Code

ARTICLE 28

2 Definitions and Word Usage

§ 28-2-1 Word usage.

[1991 Code § 232-2]
A. 
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated.
B. 
For the purposes of this chapter, the word "building" shall include the word "structure"; the word "used" or "occupied" shall be deemed to also include "designed, intended or arranged to be used"; and the word "lot" shall include the word "plot" or "parcel."

§ 28-2-2 Definitions.

[1991 Code § 233-3; Ord. No. 860; Ord. No. 1997-33; Ord. No. 2000-29; Ord. No. 2002-12; Ord. No. 2010-04; Ord. No. 2010-08; Ord. No. 2013-13; Ord. No. 2019-01; Ord. No. 2020-01; Ord. No. 2025-05, 5-19-2025; Ord. No. 2025-19, 12-15-2025; Ord. No. 2026-05, 3-12-2026]
As used in this chapter, the following terms shall have the meanings indicated:
95/5 RESTRICTION
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.
ACCESSORY BUILDING
A building detached from and subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the main use conducted on the same lot, whether or not such accessory use is conducted in a minor accessory building.
ACT
The New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
ADAPTABLE
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," N.J.S.A. 52:27D-119 et seq. and in accordance with the provisions of N.J.S.A. 52:27D-123.15.
ADMINISTRATIVE AGENT
The entity approved by Local Planning Services of DCA 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.
ADMINISTRATIVE OFFICER
As to the Planning Board, the Secretary of the Planning Board. For the purpose of determining whether structures and uses are conforming or nonconforming, the Zoning Officer shall serve as the administrative officer.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
AFFORDABILITY ASSISTANCE
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.
AFFORDABILITY AVERAGE
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
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.
AFFORDABLE DWELLING UNIT
A very low, low or moderate income dwelling unit.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development, which may be provided on-site or off-site as the case may be.
AFFORDABLE HOUSING MONITORING SYSTEM or AHMS
DCA'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.
AFFORDABLE HOUSING PROGRAM
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE HOUSING TRUST FUND (MUNICIPAL)
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 chapter.
AFFORDABLE HOUSING TRUST FUND (NJ)
See New Jersey Affordable Housing Trust Fund.
AFFORDABLE RENTAL CHARGES
A monthly rent including utilities charged to an eligible very low, low or moderate income family which shall not exceed 30% of their monthly gross income as calculated by N.J.A.C. 5:93-7.4(f).
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act and approved for crediting by the Court and/or funded through an affordable housing trust fund.
AGENCY
The New Jersey Housing and Mortgage Finance Agency as established in N.J.S.A. 55:14K-1 et seq.
AGE-RESTRICTED DEVELOPMENT
A residential development consisting of housing units designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development wherein the unit is situated are 62 years of age or older; or 2) at least 80% of the units are occupied by one person who is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
ALTERATION
As applied to a building or structure, a change or rearrangement in any part or in the existing facilities or an enlargement of any dimension of the building or the moving from one location or position to another. Ordinary repairs shall not be considered "alterations."
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to: transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the DCA; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
AMUSEMENT MACHINE
Any machine or device which, upon the insertion of a coin, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. This term shall include, but not be limited to, amusement devices commonly known as electronic video games, pinball, skillball, mechanical grab machines, marble machines, baseball, bagatelle, and all games, machines or devices similar thereto under whatever name they may be designated.
ARBOR
An accessory shelter that is made by growing plants or vines over a frame.
AREA, BUILDING
The aggregate of the horizontal cross-section area of the building(s) on a lot, excluding cornices, eaves, gutters, balconies and terraces.
ATTIC
That part of a building which is immediately below and wholly or partly within the roof framing.
BASE COURSE
The first line of masonry of a structure above the adjacent ground level.
BASEMENT
That space of a building that is partly below grade and which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BOARDING HOUSE
Shall mean the same as defined in N.J.S.A. 55:13B-3h, as it may be amended or superseded.
BUILDING
Any combination of materials forming any construction with a fixed location on the ground. The word "building" shall include structures, signs, fences, walls, radio and television antennas, gasoline pumps, pergolas, outdoor bins, swimming pools, mobile homes and other similar structures.
BUILDING, PRINCIPAL
A building in which the primary use of the premises is conducted.
CELLAR
A story having more than 1/2 of its height, measured from finished floor to finished ceiling, below the adjacent ground level.
CERTIFIED HOUSEHOLD
A household that has been certified by an Administrative Agent as a very-low-income, low-income household or moderate-income household.
COMMISSIONER
The Commissioner of the Department of Community Affairs.
COMPLETE APPLICATION
As defined in Chapter 27, Subdivision, § 27-1-4.
COMPLIANCE CERTIFICATION
The certification obtained by a municipality pursuant to N.J.S.A. 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 N.J.S.A. 52:27D-313.
CONSTRUCTION
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 as codified in N.J.S.A. 52:27D-119 et seq.
CURB LEVEL
For the purpose of measuring the height of any portion of a building, the level of the curb at the center of the front of the building, except that where a building faces on more than one street, the curb level shall be the average of the levels of the curbs at the center of each front.
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DEPARTMENT (Housing)
The New Jersey Department of Community Affairs.
DEVELOPMENT
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.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through -8.7 and N.J.A.C. 5:99-3.
DRIVE-IN ESTABLISHMENT
Premises constructed for the sale of any goods or services by means of curb, window-counter or self-service, whether to the motoring public or to pedestrians.
DUMPSTER
A transportable rigid container, which is a portable, detachable device, used for routine collection, and storage of solid waste, construction materials, industrial and other waste or recyclable materials on a temporary basis.
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities for one family only and having no enclosed space or cooking facilities in common with any other dwelling unit, except vestibules, entrance halls, porches or hallways.
DWELLING UNIT FLOOR AREA
The floor area enclosed within the inside walls of the dwelling unit with a finished floor-to-structural-ceiling height of not less than seven feet six inches and excluding garages, porches and any spaces located below the top of the foundation wall.
DWELLING, APARTMENT
See "dwelling, multifamily."
DWELLING, MULTIFAMILY
Shall mean a building which contains more than two dwellings, each of which is intended for occupancy by one housekeeping unit.
DWELLING, ONE-FAMILY
A detached building, other than a mobile home, containing one dwelling unit designed for one family only.
DWELLING, TOWNHOUSE
Shall mean a dwelling a minimum of two stories in height that is designed and occupied exclusively as the residence of one housekeeping unit, with no other dwelling above or below it and attached by means of one or more common vertical fire walls to at least one other such dwelling all housed in the same structure.
DWELLING, TWO-FAMILY
A building or portion thereof containing two dwelling units, each with separate kitchen(s) and bathroom(s). This may be either a semidetached house, the two parts of which share a party wall, each side not housing more than one family, or a structure containing separate quarters for one family over the quarters of the other family.
EMERGENT OPPORTUNITY
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.
EQUALIZED ASSESSED VALUE or EAV
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 N.J.S.A. 54:1-35a, -35b, and -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.
EQUITY SHARE AMOUNT
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 five percent and may not exceed 30%.
EXIT SALE
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.
FAIR SHARE PLAN
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.
FAMILY
See "housekeeping unit."
FENCE
Any vertical obstruction that provides physical or visual security or privacy. This includes, but is not limited to, living fences (hedges, shrubs, trees) or other barrier material of posts, rails, slats, lattice, mesh, etc., or any built structure.
FHA
The New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
GARAGE, PRIVATE
A garage used for the storage of vehicles and accessory to the principal use of the building on the same parcel.
GARAGE, PUBLIC
A garage which is used commercially for the storage, servicing, maintenance or equipping of vehicles.
GAZEBO
An accessory building consisting of a detached, covered, freestanding, open-air structure.
GREEN BUILDING STRATEGIES
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.
GROSS FLOOR AREA
The sum of the gross horizontal areas of all floors of any building or buildings on a lot, measured from the interior faces of interior walls. In particular, the floor area shall include any basement or cellar space which has been improved for use and all interior balconies and mezzanines.
HEIGHT OF BUILDING, FEET
The vertical distance measured from the established grade curb level at the front of the building to the highest point of the roof.
HEIGHT OF BUILDING, STORIES
The number of separate habitable levels, excluding cellars and basements. Split-levels and mezzanines which do not accommodate a habitable space underneath shall be counted as 1/2 a story.
HOME OCCUPATION
Any handicraft, profession or service for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling, provided that no article shall be sold or offered for sale except such as may be produced by members of the immediate family residing on the premises, and no machinery shall be used other than one sewing machine and customary office equipment. A "home occupation" may be a funeral home, private school or professional office but shall not be limited to these.
HOTEL
Shall mean a building with a central lobby and internal access to sleeping rooms having at least 50 such rooms, where separate cooking facilities are not provided and where rooms are rented primarily on a temporary or day-by-day basis.
HOUSEHOLD
Persons, whether related or unrelated, 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 serving of food within the dwelling unit.
HOUSEKEEPING UNIT
Shall mean one or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
HOUSING ELEMENT or HOUSING PLAN ELEMENT
The portion of the Borough's Master Plan, required by the Municipal Land Use Law in N.J.S.A. 40:55D-28b(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.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market rate units. This term includes, but is not limited to: new construction, the conversion of a non-residential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.
JUDGMENT OF COMPLIANCE or JUDGMENT OF COMPLIANCE AND REPOSE
A determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular 10-year round.
LOADING SPACE, OFF-STREET
Any paved or otherwise surfaced off-street space provided in a convenient location, only for the loading or unloading of goods, having dimensions of at least 12 feet in width and 35 feet in length with clear headroom of at least 14 feet and having direct usable access to a street.
LOT
Any single parcel of land having frontage on an improved public street or an approved private street and not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which shall be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory to such group, if any, or as a yard to provide open space or other uses for a building on an abutting lot.
LOT DEPTH
The mean distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot. In a corner lot, the depth is the longer dimension thus measured.
LOT LINE
Any boundary line of a lot.
LOT WIDTH
The mean dimension of the lot, measured at right angles to its depth.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets.
LOT, INTERIOR
A lot other than a corner lot.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing region, as updated annually according to a formula approved by the court.
MIXED USE DEVELOPMENT
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.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
MOTEL
See definition of "hotel" under "multiple dwelling" definition.
MUNICIPAL HOUSING LIAISON or MHL
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.
NET FLOOR AREA IN NONRESIDENTIAL BUILDINGS
The sum of the horizontal areas of all floors of any nonresidential building, measured from the interior faces of interior walls, which are intended for the primary use of the building's purpose, e.g., office space in an office building or retail sales area in a store. This shall not include basements, storage areas, bathrooms and similar secondary uses.
NET RESIDENTIAL AREA
The area of all property in residential use, including yards, buildings, driveways, play areas and other open space and private streets, but excluding public streets and other lands in nonresidential use and the open space pertaining to such nonresidential use.
NEW JERSEY AFFORDABLE HOUSING TRUST FUND
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 Non-lapsing Revolving Fund" and "Balanced Housing" mean the NJAHTF.
NEW JERSEY HOUSING RESOURCE CENTER or HOUSING RESOURCE CENTER
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.
NON-EXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
NONCONFORMING BUILDING OR USE
A building or use that does not conform to the regulations prescribed in this chapter for the district in which it is located.
NON-RESIDENTIAL DEVELOPMENT
Shall include any of the following:
A. 
Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto;
B. 
Hotels, motels, vacation timeshares, and child-care facilities; and
C. 
The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27D-330 et seq.
NONPROFIT
An organization granted nonprofit status in accordance with § 501(c)(3) of the Internal Revenue Code.
NURSING HOME
Shall mean the same as defined in N.J.S.A. 26:2H-29 and 26:2H-32, as it may be amended or superseded.
PARKING SPACE, OFF-STREET
A space nine feet wide and 20 feet long, exclusive of driveways and turning areas, which shall be accessible from an aisle, driveway or public street and available for the parking of one vehicle.
PERGOLA
An accessory structure of parallel colonnades supporting an open roof of crossing rafters or trelliswork.
PERSON WITH A DISABILITY
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.
PLACE OF PUBLIC ASSEMBLY
A theater, moving-picture house of any other place or assembly hall maintained or leased for pecuniary gain where persons may assemble for amusement or recreation, except buildings or halls owned by churches or religious organizations.
PORTABLE STORAGE UNIT
A transportable container, storage unit, shed-like container or other portable structure designed and used for the temporary storage of household goods, personal items, construction materials and supplies and other materials which is placed on a site for the use of occupants of a dwelling or building on a limited basis; portable storage units include, but are not limited to, certain trade named units called "PODS," "mobile attics" and like portable on-demand storage containers.
PORTABLE TOILET
A toilet facility that is fixed on a movable stand; self-supporting without being firmly embedded in the ground; supported by other objects; mounted on wheels or movable vehicles, or made easily movable in some other manner.
PRICE DIFFERENTIAL
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.
PRIOR ROUND UNIT
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:
A. 
Received substantive certification from COAH; or
B. 
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; or
C. 
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-A or -B above; or
D. 
Otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after 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 June 30, 2025 (the end of the Third Round), 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.
PROSPECTIVE NEED
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 N.J.S.A. 52:27D-304.2 and -304.3 for the Fourth Round and all future rounds of housing obligations.
QUALIFIED PURCHASER OR RENTER
A person:
A. 
Who submits an application for certification as a qualified purchaser or renter to the management of the unit;
B. 
Whose gross aggregate family income at the time of the proposed purchase or rental of an affordable unit is within very-low-, low- or moderate-income levels, as defined herein; and
C. 
Who obtains certification as a qualified purchaser or renter of an affordable unit from Hightstown Borough's Administrative Agent as set forth in Article 28-17.
RANDOM SELECTION PROCESS
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.
RECONSTRUCTION
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.
REFERRAL LIST, AFFORDABLE HOUSING
A register of eligible very-low-, low- and moderate-income households for which suitable units are not yet available.
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved Regional Income Limits.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted-living residences, rent does not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under the Urban Homeownership Recovery Program (UHORP) or Market Oriented Neighborhood Investment (MONI) Program.
ROOM
A living room, dining room, recreation room, kitchen or bedroom. Closets, bathrooms, cellars and attics shall be excluded, except where portions of cellars and attics have been improved to meet housing and building code requirements for rooms.
ROOMING HOUSE
Shall mean the same as defined in N.J.S.A. 55:13B-3a, as it may be amended or superseded.
SATELLITE DISH
Includes small satellite and large satellite antennas or dishes, as follows:
A. 
SMALL SATELLITE ANTENNA OR DISH
Any apparatus which is designed for the purpose of sending or receiving television, radio, microwave, satellite or similar signals with the exception of conventional television, radio and amateur radio antennas, and has a receiving diameter of 39 inches or less.
B. 
LARGE SATELLITE ANTENNA OR DISH
Any apparatus which is designed for the purpose of sending or receiving television, radio, microwave, satellite or similar signals with the exception of conventional television, radio and amateur radio antennas, and has a receiving diameter of more than 39 inches.
SIGN
Any device or representation for visual communication used as or which is in the nature of an advertisement, announcement or direction, including any letter, word, model, banner, pennant, insignia or trade flag, but excluding any public traffic or directional signs.
SPENDING PLAN
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.
STORAGE SHED
A rigid structure, either installed, placed or constructed on a lot, for the purpose of storage of personal household goods.
STORY
That habitable part of any building included between any floor and the floor or ceiling next above. The ground or first story of a building shall be the lowest story thereof which has its floor level entirely above the level of the ground, except that when the ground story has a ceiling seven feet six inches or more above the curb level, it shall be considered as a "story" in determining the height of a building.
STORY, HALF
A story under a roof, other than a flat roof, the rafter plates of which on at least two opposite walls are less than three feet above the floor itself.
STREET LINE
The dividing line between a lot and a public street, road or highway having a width of at least 25 feet or a private street, road or way over which two or more dominant properties have the right-of-way.
STRUCTURAL ALTERATION
Any change in the supporting members of a building.
SUBSTANTIAL CHANGE
Any increase in an approved structure's bulk or floor area where the result exceeds any of the requirements of the zoning district in which it is located, and where any changes exceed the limitations necessary to qualify as an insubstantial change. An "insubstantial change" means a revision to a preliminary or final plat which does not violate any requirements of the Borough's ordinances, does not alter the amount of lower-income housing or other forms of participating in the lower-income housing program as set forth in the approved development and does not have changes which exceed any of the following: setback in any yard of five feet; seven feet in building height; 1% in the approved floor area ratio; 1% in the approved lot coverage (building, paving and other coverages); five feet in building spacing; three parking spaces; one loading space; five feet in driveway locations; and 1% of the area of the approved site disturbance. A substitution of similar landscaping material, lighting fixture and signage is not a substantial change, provided that there is no change in approved quantities and/or dimensions.
SUPPORTIVE HOUSING HOUSEHOLD
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.
SUPPORTIVE HOUSING SPONSORING PROGRAM
A grant or loan program which provided financial assistance to the development of the unit.
SUPPORTIVE HOUSING UNIT
A restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very-low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.
TEMPORARY TRAILER
A noncommercial structure that is used for the transportation or storage of goods or materials, for temporary short-term habitation in case of calamity, or other occupancy as provided in § 28-10-18; a box container which has been temporarily or permanently removed from a chassis or truck bed shall be considered a "trailer."
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
UNIT
See "Dwelling."
UNIT TYPE
The 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.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income by household size.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
YARD, FRONT
An open, unoccupied space within and extending the full width of the lot between all street lines and the parts of the building nearest to such street lines.
YARD, REAR
An open space, unoccupied except for permitted accessory buildings, extending the full width of the lot between the rear lot line and the parts of the building, throughout its height, nearest to such rear lot line. In the case of a lot on the corner of two or more streets, either lot line not bordering on a street may be elected by the owner to be the rear line, provided that he notes the same on his plans as officially filed with the Building Inspector. In case of a triangular lot between two streets meeting at an angle of 90° or less, the lot line which is not also a street line shall be considered a side lot line and not a rear lot line.
YARD, REAR, DEPTH
The minimum distance from the rear lot line or its vertical projection to the part of the building, throughout its height, that is nearest thereto at any story level.
YARD, SIDE
An open unoccupied space, extending the full length of the lot, between the side lot line and the part of the building nearest thereto.
YARD, SIDE, WIDTH
The minimum distance between the side lot line or its vertical projection and the side walls of the building at any story level.