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Long Hill Township City Zoning Code

§ LU-111

GENERAL TERMS.

[Ord. No. 90-01 § 1; Ord. No. 149-04 § 3; Ord. No. 194-06 § 2; Ord. No. 218-07 § 1; Ord. No. 230-08 § 2; Ord. No. 08-237 § 2; Ord. No. 245-09 § 1; Ord. No. 282-11 § 1; Ord. No. 298-12 §§ 1, 2; Ord. No. 311-13 § 1; Ord. No. 316-2013; Ord. No. 357-2015 § 1; Ord. No. 367-2015 §§ 1, 2; Ord. No. 369-2015; Ord. No. 377-2017; Ord. No. 392-2016 § 2; Ord. No. 394-2017 § 1; Ord. No. 424-2018]
For the purposes of this Ordinance, certain words and terms are defined as follows: unless the context clearly indicates the contrary, words used in the present tense include the future; the singular number includes the plural, and the plural, the singular; the word "shall" is mandatory and not discretionary, and the word "may" is permissive; the word "lot" includes the words "plot" and "premises" and "property;" and the words "use" and "uses" refer to any purpose for which a lot or land or part thereof or building or structure or part thereof is arranged, erected, designed, constructed or reconstructed, enlarged, altered, converted, maintained, occupied, rented, leased or intended to be used. Whenever a term is used in this Ordinance which is defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., such term is intended to have the meaning as defined in the Law. Any word or term not defined herein shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged, or latest edition thereof.
ACCESSIBLE PARKING (SPACE)
A parking space for use by persons who have been issued special identification cards, plates or placards by the N.J. Motor Vehicle Commission, or a temporary placard issued by the Chief of Police.
[Added 4-8-2020 by Ord. No. 455-20]
ACCESSORY APARTMENT
An additional dwelling unit located within a single-family detached dwelling or located within a building that is accessory to a single-family detached dwelling, and that is occupied by a low or moderate income household.
ACCESSORY BUILDING
A subordinate building on the same lot with a primary building, or a portion of the main building, occupied or devoted exclusively to an accessory use. Where an accessory building or deck is attached to a primary building in a substantial manner by a wall or roof, such accessory building shall be considered part of the primary building.
ACCESSORY USE
A use naturally and normally incidental and subordinate to the primary use of the premises.
ADMINISTRATIVE OFFICER
1. 
The Township Planning and Zoning Coordinator shall be the Administrative Officer charged with reviewing development applications and requests for administrative waivers and determining whether they are complete in accordance with the provisions of N.J.S.A. 40:55D-10.3.
2. 
The Township Zoning Officer shall be the Administrative Officer for all other purposes.
ADVERTISING BILLBOARD SIGN
[Removed by Ord. No. 377-2017]
AGRICULTURAL DEVELOPMENT
Land uses normally associated with the production of the foods and grains permitted in the C, Conservation Zone.
ALTERATION OF BUILDING
A change in the supporting members of a building; an addition to or diminution of a building; a change in use within the building; or a removal of a building from one location to another.
APARTMENT
One independent, self-contained dwelling unit, with private bath and kitchen facilities located within a building containing at least one other dwelling.
APPLICANT
Any entity submitting an application for development pursuant to this Ordinance. The term "applicant" shall include the term "developer."
APPLICATION FOR DEVELOPMENT
The completed application form and all accompanying documents required by ordinance for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance, development permit, or other permit pursuant to this chapter.
APPROVED STREET
An existing street which has been duly improved and accepted as such by the Township or so designated in the official street ordinances, Master Plan or Official Map of the Township.
APPROVING AUTHORITY
The Township Committee, Planning Board, or Zoning Board of Adjustment or designated officials of the Township, as the case may be.
AREA OF SHALLOW FLOODING
A designated AO, AH, or VO Zone on a community's Flood Insurance Rate Map with a 1% or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding of sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land area subject to a 1% or greater chance of flooding in any given year and delineated in the Flood Insurance Study as the 100-year flood.
ARTERIAL STREET
A heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
ARTIFICIAL WETLAND
A man-made freshwater wetland.[1]
AVERAGE LOT AREA
The sum of the area of all house lots, together with the area of all lots to be devoted to common open space, divided by the total number of house lots.
AWNING SIGN
[Removed by Ord. No. 377-2017]
BANQUET FACILITY
An establishment where food and drink are prepared, served, and consumed on premises for scheduled, privately organized parties.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year, also known as the "100-year flood."
BASEMENT
Any area of the building having its floor sub-grade (below ground level) on all sides.
BENCH SIGN
[Removed by Ord. No. 377-2017]
BLOCK
The area of land within bounding roads providing for convenient access, circulation, control and safety of street traffic, sufficiently large to accommodate the size of lot required in that area by this Ordinance.
BOARD OF ADJUSTMENT
The Zoning Board of Adjustment of the Township of Long Hill.
BOARDER OR ROOMER
A person who is not related to the head of the household and who pays for the privilege of boarding or rooming within a single family residence.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
BUILDING
A combination of materials forming a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING MASS
The three dimensional bulk of a structure formed by its height, width and depth.
BUSINESS OFFICE
The office of any business establishment, other than a medical or professional office.
CANOPY SIGN
[Removed by Ord. No. 377-2017]
CARTWAY
The paved area of a street right-of-way, including travel lanes and parking areas, but not including shoulders, curbs, sidewalks, or swales.
CERTIFICATE OF APPROVAL
A certificate issued in accordance with the Uniform Construction Code upon the completion of work that requires a construction permit but not a certificate of occupancy.
CERTIFICATE OF CONTINUED OCCUPANCY
A certificate issued by the Construction Official acknowledging that as a result of a general inspection of the visible parts of a building or structure that no work requiring a construction permit has been determined to have occurred and no unsafe conditions or violations of the Uniform Construction Code have been found.
CERTIFICATE OF CONTINUED ZONING COMPLIANCE
A certificate issued by the Zoning Officer upon a change of ownership, use, occupancy or tenancy of any nonresidential property or part thereof acknowledging that the change complies with all requirements and conditions of this Ordinance and any preexisting approval granted by any approving authority.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Construction Official upon completion of work that was authorized by and in compliance with the construction permit issued therefor and in compliance with the Uniform Construction Code.
CERTIFICATE OF ZONING COMPLIANCE
A certificate issued by the Zoning Officer after the completion of any work contemplated by a zoning permit upon a finding that the work performed continues to meet all of the requirements and conditions of this Ordinance and any approval granted by an approving authority.
CHILD-CARE CENTER
An establishment providing for the care, supervision, and protection of children.
CHURCH
A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this Ordinance, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses, convents and similar uses.
COLLECTOR STREET
A street that collects traffic from minor streets and connects with arterial streets.
COMMERCIAL VEHICLE
Any motor vehicle, other than a passenger car, having more than two axles and/or four wheels and/or exceeding a loading capacity of 3/4 ton.
COMMON OPEN SPACE
An 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 or, in the case of Township open space, for the residents of the Township. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of its intended users.
COMMUNITY RESIDENCE
A community residence for the developmentally disabled licensed pursuant to P.L. 1977, c. 448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (P.L. 1971, c.136;C.26:2H-1 et seq.). In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.
COMMUNITY SHELTER
A community shelter for victims of domestic violence approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (C.30:40-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
COMPATIBLE
The visual relationship, in terms of a consistency of materials, colors, building elements, building mass, and other man-made elements of the urban environment, such that abrupt or severe differences are avoided.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the Township and all accompanying documents required by this chapter for approval of the application for development and the submission of all required fees and professional review escrow funds.
CONCEPT PLAN
An informal sketch or map of a proposed subdivision, site plan or other development proposal of sufficient detail to be used for the purpose of discussion and/or classification under the concept review procedures of this Ordinance.
CONCEPT REVIEW
The informal review of a plan for development that carries no vesting rights or obligations on any party.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Ordinance and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION PERMIT
Authorization issued by the Construction Official in accordance with the Uniform Construction Code for the commencement of the construction, reconstruction, repair, structural alteration, rehabilitation, placement, relocation, addition to or demolition of a building or structure or part thereof.
CRITICAL AREA
The combined area of any portion of a site having an average slope of 15% or greater measured across 10 vertical feet of contour; and/or an area of special flood hazard; and/or any wetlands area.
CURTAIN WALL
A nonstructural building wall, usually window or window panel dominated.[2]
DEAD-END STREET
A minor street used primarily for access to abutting properties with only one outlet and a turn around at the closed end.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed.
DENSITY MODIFICATION RESIDENTIAL DEVELOPMENT
Any major subdivision in the C, R-2, R-3 or R-4 zones employing the reduction in lot area provisions of this Ordinance and approved as a density modification subdivision by the Planning Board.
DESIGN ENHANCEMENT FEATURE
Any portion of a sign structure intended to improve the physical appearance of a sign, including roofs, columns, railroad ties, lattice and other decorative features. Design enhancement features that provide sign functions of any kind shall be included in the sign area calculations.
DETENTION BASIN
An impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing stormwater.
DETENTION FACILITY
A detention basin or alternative structure designed to temporarily store stormwater runoff.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the adjustment of any lot line; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land for which approvals may be required by this Ordinance.
DIRECTORY OF OCCUPANTS SIGN
[Removed by Ord. No. 377-2017]
DIVERSION
A channel with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.
DRYWELL
A covered pit with an open, jointed lining through which water is piped or directed from roofs, basement floors, other impervious surfaces, swales or pipes to seep or percolate into the surrounding soil.
DWELLING
A building or portion thereof designed, occupied or intended for occupancy as a separate living quarter with cooking, sleeping and sanitary facilities for the exclusive use of the occupants thereof. The term "dwelling" shall include the term "residence."
DWELLING, SINGLE FAMILY
A detached building or dwelling unit designed for or occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.[3]
EMBANKMENT
Man-made deposit of soil, rock or other materials.
EQUINE RELATED ACTIVITIES
A farm that is used for the breeding, boarding and/or riding of horses, all as more particularly set forth in §§ 124.10 and 124.14 of this Ordinance.
EROSION
The detachment and movement of soil or rock fragments by the action of wind, water, gravity or ice.
EXCAVATION OR CUT
Any act by which land or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXCEPTION
A grant of relief from the requirements of this Ordinance, which permits construction in a manner otherwise prohibited where specific enforcement would result in unnecessary hardship.
EXISTING GRADE
The vertical location of the existing surface of land prior to grading, excavation or other activity which may or does change that vertical location.
EXPANSIVE BLANK WALL
One wall of a building, constructed in a single plane, which exceeds eight feet in height and 40 feet in length, utilizes only one building material, and does not provide any openings in the form of windows or doors.
FACADE
[Removed by Ord. No. 377-2017]
FAMILY
A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
FAMILY DAY CARE HOME
A private residence which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987, c.27 (C.30:5B16 et seq.) and is further defined as a private residence in which child care services are provided for a fee to not less than three and no more than five children at any one time for no less than 15 hours per week; except that this definition shall not exclude a family day care home with less than three children from voluntary registration pursuant to the Act.[4]
FARMSTAND
A freestanding structure located in the Township and meeting all applicable Township zoning requirements from which agricultural products and related products are sold, at least 50% of which are produced by the operator of the farmstand, either on the site on which the stand is located or at other sites.
FAST FOOD RESTAURANT
[Removed by Ord. No. 392-2016]
FINAL PLAT
The map of all or a section of a subdivision which is presented to the approving authority for final approval in accordance with the provisions of this Ordinance and which, if approved, shall be filed in the office of the proper County Recording Officer.
FINANCIAL INSTITUTIONS AND SERVICES
Establishments such as banks and savings and loans, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents and buyers, sellers, agents, and developers of real estate.
FINISHED GRADE
The final grade or elevation of the ground surface conforming to the proposed design.
FLASHING SIGN
[Removed by Ord. No. 377-2017]
FLOOD HAZARD AREA
The areas of any project as identified by the map referred to in Subsection 143.3b of this Ordinance. The term "flood hazard area" includes the terms "area of special flood hazard" and "floodplain."
FLOOD INSURANCE RATE MAP
The official map, dated September 21, 2001, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the Township.
FLOOD INSURANCE STUDY (FIS)
The official report provided dated September 21, 2001 in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood.
FLOOD OR FLOODING
A general or temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters and/or (2) the unusual or rapid accumulation or runoff of surface waters from any source.
FLOOD PLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provides standards for the purpose of flood damage prevention and reduction.
FLOODWAY
The channel of a river or other watercourses and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FLOOR AREA
The area in square footage of all floors, of all stories above grade of a building, computed by measuring the dimensions at the outside walls, without deductions for stairwells, cathedral ceilings and like features, but excluding garages and basements.
FLOOR AREA RATIO
The sum of the floor area compared to the total area of the site.
FLY ASH
Particles of gasborne matter, not including process material, arising from the combustion of solid fuel such as coal or wood.
GARAGE, PRIVATE
A detached accessory building, or portion of a main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GASOLINE SERVICE STATION SIGN
Any sign used to display the products, services and prices available at an automobile service station.
GRADING
Any stripping, cutting, filling or stockpiling of land or any combination thereof.
GREAT SWAMP STREAM CORRIDOR PRESERVATION AREA
An area along and adjacent to a stream within the Great Swamp watershed within which it is the policy of the municipality to preserve all lands in their natural state to the greatest extent possible. Section 146 of this Ordinance specifies the lands that constitute the Great Swamp Stream Corridor Preservation Area.
GROCERY STORE
A commercial establishment, commonly known as a supermarket, food or grocery store, primarily engaged in the retail sale of canned foods and dry goods, such as tea, coffee, spices, sugar, and flour; fresh fruits and vegetables; and fresh and prepared meats, fish and poultry, occupying 80,000 square feet or less.
GROUND SIGN
[Removed by Ord. No. 377-2017]
HAIRPIN MARKING
A painted, U-shaped double line separating parking spaces.
HANDICAPPED PARKING (SPACE)
See "accessible parking (space)."
[Added 4-8-2020 by Ord. No. 455-20]
HEIGHT OF BUILDING
The vertical distance from the lowest ground elevation around the foundation to the level of the highest elevation point of the roof surface.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of the structure.
HISTORIC STRUCTURE
Any structure that is:
1. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved State program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
HOME OFFICE
A business, medical or professional office located in the practitioner's single family dwelling as an accessory use. For purposes of this Ordinance a family day care center shall be considered a home office.
HOMEOWNERS' ASSOCIATION
An incorporated nonprofit organization operating in a development under recorded land agreements through which:
1. 
Each lot owner shall be a member.
2. 
Each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township.
3. 
Each owner and tenant has a right to use the common property.
HOUSE PETS
Cats, dogs, fish, birds, rabbits, hamsters, gerbils and any other similar creatures customarily treated as pets and limited to household enjoyment and companionship.
HUMAN SCALE
The visual relationship, of a particular building, structure, or streetscape element, to the human form and function.
ILLUMINATED SIGN
[Removed by Ord. No. 377-2017]
INDUSTRIAL USES
Those fields of economic activity including the manufacturing, packing, processing, storage, treatment or design of: food; personal care products; textiles, pharmaceuticals; gases and/or chemicals as defined as hazardous by the NJDEP; apparel; furniture; paper; instruments; transportation equipment; tools; plastics; industrial and commercial machinery, equipment and parts; communications equipment and accessories; computer and computer-related parts, accessories and equipment; office equipment; electrical appliances; household appliances; printing, publishing and silk-screening; firearms and explosives; wholesale trade; warehousing; and similar products, processes, supplies and services.
INFILTRATION FACILITY
Any structure or device designed to infiltrate retained water to the subsurface and which is not an injection well. These facilities may be above grade or below grade. "Above grade infiltration facilities" temporarily impound surface water runoff above grade, to a maximum depth of two feet, with all retained water infiltrated to recharge. "Below grade infiltration facilities" temporarily retain surface water runoff below grade in the interstices of coarse aggregate, or other porous media, with all retained water infiltrated to recharge. Examples of below grade infiltration facilities include gravel surface parking areas, gravel filled trenches, and dry wells.
INFLATABLE SIGN
[Removed by Ord. No. 367-2015 § 1]
INSTITUTIONAL USES
Any semipublic use, such as, but not limited to, churches, cemeteries, lodges and similar uses.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling or excavation of land or any other activity which causes land to be exposed to the danger of erosion.[5]
LIVE ENTERTAINMENT
Music, comedy, dinner theater and similar entertainment presented as a supplemental activity to dining and drinking functions at restaurants, banquet facilities, art galleries, and bars.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The total square unit contents included within property lines as measured along a plane projection of said property lines.
LOT DIMENSION MODIFICATION SUBDIVISIONS
Subdivisions in the R-4 zone which meet the bulk requirements as set forth in Note 13 of the Schedule of Bulk Requirements.
LOT WIDTH
The length of the front lot line measured at the street line. For purposes of this Ordinance the required lot width must be measured along a street improved to Township standards.
LOT, CORNER
A lot at the junction of and having frontage on two or more intersecting streets.
LOT, COVERAGE
That percentage of the lot area which is devoted to improvements such as, but not limited to, buildings, structures, paved or gravel parking areas, loading areas, paved or gravel driveways and walks, pools or ponds and patios and all other paved or impervious surface areas. Gravel areas not subject to compaction (such as decorative stone used in planting beds) shall not be considered as lot coverage.
LOT, THROUGH
A lot, other than a corner lot, which fronts on two streets.
LOWEST FLOOR
The lowest floor of the lowest enclosed area including basements. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.[6]
MARGINAL ACCESS STREET
A street which is parallel to and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
MARQUEE SIGN
[Removed by Ord. No. 377-2017]
MASTER PLAN
The Master Plan of the Township of Long Hill, as adopted on March 26, 1996 together with any future amendments made thereto.
MEDICAL OFFICE
The office of a licensed or certified health care practitioner, including physicians, dentists, chiropractors, therapists, etc.
MINOR SITE PLAN
A development plan of one or more lots which:
1. 
Proposes new development within the scope of development specifically permitted by Subsection 162.2 of this Ordinance as a minor site plan.
2. 
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to this Ordinance.
3. 
Contains the information reasonably required in order to make an informed determination as to whether the requirements of approval of a minor site plan have been met.
MINOR STREET
A street which is used primarily for access to the abutting properties.
MINOR SUBDIVISION
A subdivision of land that does not involve the creation of more than two lots, a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to this Ordinance.
MULCHING
The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.[7]
MULTIFAMILY DWELLING STRUCTURE
A building containing more than two dwelling units.
NAKED LIGHT DISPLAY
[Removed by Ord. No. 377-2017]
NATURAL GROUND SURFACE
The existing ground surface of land prior to any grading, excavation or other land disturbance.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the flood plain regulation adopted by a community and includes any subsequent improvements to such structures.[8]
NIGHT CLUB
An establishment that is open only late at night, in which music is provided, along with space in which dancing may be conducted.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCRITICAL AREA
Any portion of a site not considered a critical area.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
OPEN SPACE USE
Any use of open space for park or open, unroofed recreational purposes, conservation of land or other natural resources or historic or scenic purposes.
PARKING AREA
An open area, other than a street or other public way, used for the parking of motor vehicles and available for use, whether for a fee or as a service or privilege, for clients, customers, suppliers, residents or guests.
PATIO
A single or multilevel structure at or within 16 inches of the finished grade, constructed of impervious material, accessory to a principal structure, and used primarily for passive recreation. Said improved area shall be without walls, or railings of any kind and without a roof, canopy, or other, similar permanently fixed coverage.
PATIO HOME
A single-family unit on a separate lot with yard areas on three sides and attached to a similar unit on an adjacent lot. This definition shall include "zero lot line homes."
PERMANENT SIGN
[Ord. No. 367-2015; removed by Ord. No. 377-2017]
[9]PLANNING BOARD
The Planning Board of the Township of Long Hill.
PORTABLE SIGN
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
PRIMARY BUILDING
A building in which is conducted the principal use of the lot on which it is located. The term "primary building" shall include the term "principal building."
PRIMARY USE
The principal or predominant use of any lot or parcel. The term "primary use" shall include the term "principal use."
PROFESSIONAL OFFICE
The office of a member of a recognized profession, other than that of a licensed or certified health care practitioner, maintained for the conduct of that profession, including lawyers, engineers, accountants, architects, planners and similar professions.
PROJECT
The disturbance of more than 5,000 square feet of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" unless such unit is part of a proposed subdivision, site plan, zoning variance, planned development or a building permit application involving two or more such single-family dwelling units.[10]
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners.
REAL ESTATE SIGN
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
RECHARGE
The replenishment of underground water reserves.[11]
REGULATORY FLOOD
The 100-year flood along nondelineated watercourses or the flood hazard area design flood along delineated watercourse.
RESIDENCE DESIGNATION SIGN
[Removed by Ord. No. 377-2017]
RESIDENTIAL ZONE
The C, R-2, R-3, R-4, SC, R-MF, R-MF-2, R-MF-3 and TH zone districts.
RESTAURANT
An establishment where food and drink are prepared, and served for consumption on or off premises.[12]
RETAIL SERVICE USE
Those businesses that primarily provide a service, rather than a product, to individuals, businesses and other organizations, including, but not limited to, personal services, repair shops, studios, amusement and recreational services, and health, education and social services, and museums and galleries.
RETAIL TRADE
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETENTION BASIN
An impoundment area with a permanent pool made by constructing an embankment, or excavating a pit, or both, for the purpose of permanently storing storm water. A retention basin is also called a "wet basin" or "wet detention basin."
ROOF SIGN
[Removed by Ord. No. 377-2017]
SATELLITE EARTH STATION ANTENNAS
A parabolic or dish shaped antenna or any other apparatus or device which is designed for the purpose of receiving television, radio, microwave or any other form of electronic signals transmitted or relayed directly from space satellite antennas to such device.
SEARCH LIGHT DISPLAY
[Removed by Ord. No. 377-2017]
SECRETARY
The Planning Board Secretary, Zoning Board of Adjustment Secretary and/or the Planning and Zoning Coordinator of the Township of Long Hill.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.
SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material.
SENIOR CITIZEN HOUSING
Housing especially designed and constructed for the use of elderly or handicapped families, which means families consisting of two or more persons, one of whom is 62 years of age or older or is handicapped. Such term shall also mean a single person who is 62 years of age or older or is handicapped. A person shall be considered handicapped if he or she has a physical impairment which is expected to be of long, continued and indefinite duration, substantially impedes his or her ability to live independently and is of such a nature that such disability could be ameliorated by more suitable housing conditions.
SETBACK
The distance between the building and any lot line.
SETBACK LINE
That line that is the required minimum distance from any lot line and that establishes that area within which the principal structure may be erected or placed.
SHINGLE SIGN
[Removed by Ord. No. 377-2017]
[13]SIDEWALK
An improved path for pedestrian use outside the cartway.
SIDEWALK SIGN
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
SIGN
[Removed by Ord. No. 377-2017]
SIGN AREA
[Removed by Ord. No. 377-2017]
SIGN HEIGHT
[Removed by Ord. No. 377-2017]
SIGN PERMIT
A short form of the Zoning Permit which may be used for permanent signs when required in Subsection 155.6.
SMALL HOTEL, INN AND/OR BED AND BREAKFAST
A facility offering overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation in which the owner, proprietor, and/or manager of the dwelling unit resides on premises. The facility will contain no more than 10 rental units and may include a small banquet or dining room.
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock and can be readily excavated.
SOIL CONSERVATION DISTRICT
The Morris County Soil Conservation District.
SOIL CONSERVATION SERVICES
The Soil Conservation Service (now the Natural Resources Conservation Service) of the U.S. Department of Agriculture.
SOMERSET COUNTY STORM WATER DETENTION BASIN HANDBOOK
The Handbook for Storm Water Detention Basins (with supplement) dated December 1991, published by the County of Somerset, New Jersey, and any subsequent revisions or amendments thereto.
START OF CONSTRUCTION
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent structure does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STORAGE
The keeping or remaining of any item on the same premises for more than 24 hours.
STORMWATER RUNOFF
Water flow on the surface of the ground, resulting from precipitation.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Any basement with more than 50% of its wall exposed above grade shall be considered a full story.
STORY, HALF
Any finished space under a gable, hip, gambrel, or other sloping roof, which has a ceiling height of 7 1/2 feet or more for no more than 50% of its total floor area. Any space with a ceiling height of 7 1/2 feet or more over more than 50% of its floor area shall be considered a full story.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this Ordinance or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. The terms "street" and "street line" shall include the term "right-of-way."
STRIPPING
Any activity which removes or significantly disturbs the vegetation surface cover of land, including clearing and grubbing operations.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
STUDIO
The workshop of an artist, sculptor, photographer, or craftsperson; or a location used for instructional purposes in the arts, dance, music, martial arts, etc.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
1. 
Any project for improvement of a structure to comply with existing governmental health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
2. 
Any alteration of a structure listed on the National Register of Historic Places of a State Inventory of Historic Places.
SUPPORT
Any portion of a sign structure designed to elevate, suspend, anchor, brace or hold up a sign or design enhancement feature.
TEMPORARY SIGN
[Removed by Ord. No. 367-2015; Ord. No. 377-2017]
TOWNHOUSE
One single-family unit in a combination of two or more attached dwelling units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire resistant party walls. This definition shall include "patio home" and "zero lot line" home.
TOWNSHIP COMMITTEE
The Township Committee of the Township of Long Hill.
TRAILER, COACHES AND HOUSE TRAILERS
A structure designed to be towed or hauled by another vehicle, and used for short-term human occupancy, carrying of materials, goods, or objects, or as a temporary office.
TREATMENT TRAIN
A sequence of structures or devices through which runoff passes before exiting the project site. The combined characteristics of the individual structures or devices shall satisfy the performance requirements associated with the no net increase provisions of this Ordinance.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment producing areas of land by covering the soil with either one or more of the following:
1. 
Permanent seeding or permanent plantings producing long term vegetative cover of land.
2. 
Short term seeding or short term plantings producing temporary vegetative cover of land.
3. 
Sodding, producing areas covered with a turf or perennial sod-forming grass.
VEHICLE ADVERTISING
[Removed by Ord. No. 377-2017]
VENDING MACHINE SIGN
Any sign, display or other graphic attached to a coin operated machine dispensing food, beverages or other products.
WALKWAY
A paved or surfaced area created for the purpose of pedestrian use.
WALL SIGN
[Removed by Ord. No. 377-2017]
WAREHOUSING
The use of buildings primarily for the storage of goods.
WATER QUALITY STORM
A one year frequency, twenty-four-hour storm, 2.7 inches of rainfall), using the Type III rainfall distribution recommended for New Jersey by the U.S. Soil Conservation Service or a storm of 1.25 inches of rainfall falling uniformly in two hours.
WATERCOURSE
Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, gully, ravine, wash or other waterway in which water flows in a definite direction or course, either continuously or intermittently, within a definite channel, and shall include any area adjacent thereto.
WET BASIN
A detention basin designed to retain some water on a permanent basis. The term "wet basin" shall include "wet detention basin."
WETLANDS
Any area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does not support, a prevalence of vegetation typically adapted for life in saturated soil conditions commonly known as hydrophytic vegetation; provided, however, that all wetlands shall be designated using the three parameter approach recognized by the New Jersey Freshwater Wetlands Protection Act.
WHOLESALE TRADE
Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WINDOW AND DOOR SIGN
[Removed by Ord. No. 377-2017]
YARD, FRONT
An open unoccupied space extending across the full width of the lot between the front street line and the nearest building. The depth of such space shall be the shortest distance measured from the street line to the nearest point of such building.
YARD, REAR
A space unoccupied, except by an accessory building or use as hereinafter permitted, extending across the full width of the lot between the rear extremity of any building, other than an accessory building, and the rear lot line.
YARD, SIDE
An open unoccupied space on the same lot with any building, between such building and the side lot line, extending from the front yard to the rear yard.
ZONE, BUSINESS
Includes the B-D, B-1-5, B-1-20, M, M-H, O, LI-2 and P Zones, and the VIO, PSO, PVO, RAHO and MU-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, COMMERCIAL
Includes the R-MF, R-MF2, R-MF3, R-MF4, SC, B-D, B-1-5, B-1-20, M, M-H, O, LI-2 and P Zones, the C Zone (where farm and/or equine uses are conducted) and the VIO, PSO, PVO, RAHO and MU-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, INDUSTRIAL
Includes the LI-2 Zone, and the VIO overlay zone.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, MIXED-USE
Includes the B-1-5, B-1-20, M and M-H Zones, and the RAHO and MU-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, MULTIFAMILY
Includes the R-MF, R-MF2, R-MF3, R-MF4, SC and TH Zones, and the RAHO, MU-O and R-MF4-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, NONRESIDENTIAL
Includes the B-D, B-1-5, B-1-20, M, M-H, O, LI-2 and P Zones, and the VIO, PSO, PVO, RAHO and MU-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, RESIDENTIAL
Includes the C, R-2, R-3, R-4, R-5, R-MF, R-MF2, R-MF3, R-MF4, SC and TH Zones, and the RAHO, MU-O and R-MF4-O overlay zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, SINGLE-FAMILY
Includes the C, R-2, R-3, R-4 and R-5 zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONE, VILLAGE
Includes the B-1-5, B-1-20, M and M-H Zones.
[Added 4-8-2020 by Ord. No. 455-20]
ZONING PERMIT
A document issued by the Zoning Officer which acknowledges that a use, development, structure or building complies with the requirements and conditions of this Ordinance or approval therefor duly authorized by an approving authority.
[1]
Editor's Note: The former definition of "automobile service station," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[2]
Editor's Note: The former definition of "dance hall," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[3]
Editor's Note: The former definition of "elevated building," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[4]
Editor's Note: The former definition of "farm silo," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[5]
Editor's Note: The former definition of "large retail establishment," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[6]
Editor's Note: The former definitions of "manufactured home" and "manufactured home park or manufactured home subdivision," which immediately followed this definition, were repealed 4-8-2020 by Ord. No. 455-20.
[7]
Editor's Note: The former definition of "multifamily development," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[8]
Editor's Note: The former definition of "new manufactured home park or subdivision," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[9]
Editor's Note: The former definition of "planned senior residential community (PSRC)," which immediately preceded this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[10]
Editor's Note: The former definition of "public uses," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[11]
Editor's Note: The former definition of "recreational vehicle," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[12]
Editor's Note: The former definition of "retail establishment (also known as retail store)," which immediately followed this definition, was repealed 4-8-2020 by Ord. No. 455-20.
[13]
Editor's Note: The former definition of "shopping center," which immediately preceded this definition, was repealed 4-8-2020 by Ord. No. 455-20.