Borough of Hampton, NJ Article I General Provisions

§ 157-1 Title.

This chapter shall be known and cited as the "Land Development Ordinance of the Borough of Hampton."

§ 157-2 Purpose.

The purposes of this chapter are to:

A. Guide the appropriate use and development of all land in a manner which will promote the public health, safety, morals and general welfare.

B. Secure safety from fire, flood, panic and other natural and man-made disasters.

C. Provide adequate light, air, peace, quiet and open space.

D. Ensure that land development does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.

E. Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of neighborhoods, preservation of the environment and quality of life.

F. Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.

G. Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.

H. Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

I. Promote a desirable visual environment through creative development techniques and good civic design and arrangements.

J. Promote the conservation of open space and valuable natural resources by the use of imaginative design techniques and to prevent urban sprawl and degradation of the environment through improper use of lands.

K. Encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.

L. Regulate the location of buildings and establish standards of development; to establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines; and to fix reasonable standards to which buildings or structures shall conform.

M. Prohibit incompatible uses: to prohibit uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts.

N. Regulate alterations of existing buildings: to prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.

O. Protect against hazards: to provide protection against fire, explosions, noxious fumes and other hazards in the interest of the public health, safety, comfort and the general welfare.

P. Conserve the taxable value of land and buildings throughout the Borough.

Q. Meet the future housing needs of the citizens of the Borough and the region and to assure a full range of housing types to meet all income levels, consistent with the availability of appropriate sites and utilities and facilities to service various housing types.

R. Prevent dangers of life and to minimize losses and damages to public and private property due to inundation caused by floodwaters and storm runoff.

S. Minimize the increase in volume and rate of surface runoff due to development.

T. Reduce public expenditures for emergency operations, evacuations and restorations.

U. Prevent damage to transportation and utility systems.

V. Maintain the useful life of natural and man-made waterways and impoundments by preventing sedimentation, retarding eutrophication, preventing stagnation and temperature rise.

W. Maintain sufficient flows in streams and rivers for recreation, health, aesthetic and ecological purposes.

X. Prevent hazardous materials and pesticides from entering streams, rivers, ponds, lakes and potable water supplies.

Y. Reduce public expenditures for repair of public facilities resulting from soil erosion and sedimentation.

Z. Promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.

§ 157-3 Definitions and word usage.

A. Unless altered by the provisions of this chapter, the words and phrases defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) shall also define the same words and phrases as used in this chapter. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. When the context requires, the singular shall also mean the plural, and vice versa, and one gender shall mean either of the other two. The defining of any word or phrase herein which is not used in the text of this chapter shall not be construed as anything more than a drafting error.

B. For the purpose of this chapter, unless the context clearly indicates a different meaning, the words and phrases which follow shall have the meanings set forth:

ABUTTING COUNTY ROAD

Any existing or proposed county road shown on the adopted County Master Plan or Official Map which adjoins or lies within a lot or parcel of land submitted for subdivision or site plan approval.

ACCESSORY USE OR STRUCTURE

A use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the use of the principal building. When an accessory building is attached in a substantial manner by a wall or roof to a principal building or structure, it shall be considered a part thereof.

ADMINISTRATIVE OFFICER

The Secretary of the Planning Board.[1]

ADVERSE DRAINAGE CONDITIONS

The absence of drainage facilities, drainage easements or drainage rights-of-way leading to, along or through a street, road, drainage structure or property, either within or exterior to a proposed subdivision or site plan, or such location, size, design, construction or condition which will provide adequately for storm drainage or which will prevent flooding, erosion, silting or other damaging effect to a street, road, drainage structure or property or remove the threat of such damage.

AFFORDABLE HOUSING

Monthly rent (excluding utilities) or monthly home ownership costs (mortgage principal and interest, plus taxes, insurance and condominium or homeowners' association dues) that total no more than 25% of the occupant household's gross monthly income.

[Added 8-13-1984; amended 8-15-1988 by Ord. No. 13-88]

AGRICULTURE

The production, for sale or otherwise, of plants and animals useful to man, including but not limited to forages and sold crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals; including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products, or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.

ALLEY

A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

APPROVED PLAN

A plan which has been approved by the Planning Board of the Borough of Hampton.[2]

AUTOMOBILE SERVICE STATION

A place where gasoline or other motor fuel is offered for sale to the public and deliveries are made directly into motor vehicles, and it may provide for the maintenance, service, storage or washing of motor vehicles or the sale of equipment and accessories.

BASEMENT

A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground or with a floor-to-ceiling height of not less than 6 1/2 feet. A "basement" shall be counted as a story if used for nonresidential purpose.

BEDROCK

Any solid rock exposed at the surface of the earth or overlain by unconsolidated material.

BLOCK

The area bounded by one or more streets or a municipal boundary of sufficient size to accommodate a lot or lots of the minimum size required in this chapter.

BRIDGE

A structure having a clear span in excess of 20 feet designed to convey vehicles and/or pedestrians over a watercourse, railroad or street or any depression.

BUILDING ACCESSORY

A subordinate building on the same lot with the principal or main building, occupied or devoted exclusively to an accessory use.

BUILDING COVERAGE

That area of a lot or site which is occupied or proposed to be occupied by a building. (See also "lot coverage" and "open space.")

BUILDING, PRINCIPAL

A building which is occupied or proposed to be occupied by the principal permitted use.

CAPITAL IMPROVEMENT

A governmental construction project or acquisition of equipment or real property.

CARPORT

A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.

CELLAR

See "basement."

CHANNEL

A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.

CERTIFICATION

A signed, written statement by the appropriate officer that specific construction, inspections, tests or notice, where required, have been performed and that such comply with the applicable requirements of this chapter.

COMMON OWNERSHIP

Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly.

COMPLETE APPLICATION

An application form completed as specified by this chapter and the rules and regulations of the Planning Board and all accompanying documents required by the applicable land use application checklist, as determined by the Planning Board. Alternatively, the Planning Board may waive some items on the checklist and determine that the necessary documents have been submitted such that it deems the application complete.

[Added 5-15-2023 by Ord. No. 03-2023]

CRITICAL AREA

A sediment-producing, highly erodible or severely eroded area.

COURT

Any open, unoccupied area which is bounded by three or more attached building walls.

CUL-DE-SAC

The turnaround at the end of a dead-end street.

CULVERT

A structure with a clear span of 20 feet or less under a driveway, road, railroad or pedestrian walk, not incorporated in a closed system.

CUT

The portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface or excavated surface.

DAYS

Calendar days, including the weekends and holidays. In computing any period of time fixed by this chapter, the day of the act or event from which the designated period begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor legal holiday.

DEAD END

A street or portion of a street which is accessible by a single means of ingress or egress.

DEDICATION FOR ROAD PURPOSES

A dedication of land for construction, reconstruction, widening, repairing, maintaining or improving said road and for the construction, reconstruction or alteration of facilities related to the safety, convenience or carrying capacity of said road, including curbing, pedestrian walkways, drainage facilities, traffic control devices and utilities in or along road rights-of-way.

DENSITY

A measure of the number of dwelling units per acre.

[Added 8-15-1988 by Ord. No. 13-88]

(1) GROSS DENSITY The total number of dwelling units on a tract of land divided by the total area of the tract, including environmentally sensitive or restricted areas.

(2) NET DENSITY The total number of dwelling units on a tract of land divided by the total area of the tract, excluding dedicated or undedicated common open space.

DEVELOPMENT, CONVENTIONAL

Development other than planned development or cluster development.

DIVERSION

A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.

DWELLING

(1) DWELLING, ONE-FAMILY A building containing one dwelling unit.

(2) DWELLING, TWO-FAMILY A building containing two dwelling units.

(3) DWELLING, ATTACHED A dwelling unit that shares one or more walls with other dwelling units. Each dwelling has separate access to the outdoors.

[Amended 8-15-1988 by Ord. No. 13-88]

(4) DWELLING, DETACHED A dwelling which is not attached to any other dwelling.

(5) DWELLING, DUPLEX One of the two dwelling units built one over the other in a two-family dwelling. Each dwelling has separate access to the outdoors.

[Added 8-15-1988 by Ord. No. 13-88]

(6) DWELLING, MULTIFAMILY A rental-, cooperative-, or condominium-type building containing more than two dwelling units.

[Amended 8-15-1988 by Ord. No. 13-88]

(7) DWELLING, TWIN One of the two dwelling units built side by side in a two-family dwelling. Each dwelling has separate access to the outdoors.

[Added 8-15-1988 by Ord. No. 13-88]

DWELLING UNIT

One or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

EMBANKMENT

A man-made or natural deposit of soil, rock or other materials.

ENCROACHMENT

Any obstruction within a delineated floodway or within a minimum setback, yard or other dimension.

ENVIRONMENTAL IMPACT STATEMENT

A detailed analysis of the environmental consequences of a proposed development.

ESSENTIAL SERVICE

The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call and other similar equipment and accessories herewith reasonably necessary for the furnishing of adequate service to the Borough or parts thereof by such public utilities or municipal or other governmental agencies. "Essential services" shall include firehouses and first aid and emergency aid squads.

EXCAVATION

The removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surface or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.

EXISTING GRADE

The vertical location of the ground surface prior to excavating or filling.

FAMILY

Any number of persons related by blood, marriage or adoption or a reasonable number of persons not so related who are living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. A family may also include foster children placed by the New Jersey Board of Child Welfare or a duly incorporated child care agency. This definition is intended to be construed in accordance with the developing concepts enunciated by the public policies of this state.

[Amended 11-9-1992 by Ord. No. 14-92]

FARM

An area of land which is actively devoted to agricultural or horticultural use which occupies no less than five acres, exclusive of the land upon which the farmhouse is located and such additional land as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.

FARM CONSERVATION PLAN

A plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use, to prevent further deterioration of soil and water resources.

FILL

Sand, gravel, earth or other materials of any composition whatsoever placed or deposited on the land or in water. See "embankment."

FINAL APPROVAL

The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posed for their completion, or approval conditioned upon the posting of such guaranties.[3]

FINISHED GRADE

The final grade or elevation of the ground surface conforming to the proposed design.

FLOOD DAMAGE POTENTIAL

The susceptibility of a specific land use at a particular location to damage by flooding and the potential of the specific land use to increase off-site flooding or flood-related damages.

FLOOD-FRINGE AREA

That portion of the flood hazard area outside the floodway.

FLOOD HAZARD AREA

The floodplain, based on the total area inundated during the flood of record, or such area as can be demonstrated to be now susceptible to inundation due to modifications to storage area or improvements to the channel.

FLOOD HAZARD DESIGN ELEVATION

The highest elevation, expressed in feet above sea level, of the level of floodwaters in the flood of record.

FLOOD HAZARD MAP

A map which may be adopted by the Borough Council, and any amendment thereto, showing the channel, floodway and flood-fringe area.

FLOOD OF RECORD

The greatest flood in a given area for which accurate records are available or one designated by the United States Department of Housing and Urban Development (HUD) from Flood Insurance Administration Flood Hazard Boundary Maps or one determined by the Department of Environmental Protection.

FLOODPLAIN

The same as "flood hazard area."

FLOODWAY

The portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building measured from the interior face of the exterior walls in a building. "Floor area" shall not include areas devoted to mechanical or service equipment, as defined in the State Construction Code, serving the building; areas devoted exclusively to off-street parking, loading and unloading space for motor vehicles, verandas, patios, open courts or ground-level recreational facilities; or to any space where the floor-to-ceiling height is less than seven feet.

FLOOR AREA RATIO

The total amount of all floor areas, as defined above, of all buildings on the lot divided by the lot area.

FLY ASH

Particles of gas-borne matter, not including process material, arising from the combustion of solid fuel, such as coal or wood.

GARAGE

A building or structure used for the storage of one or more vehicles. If it is maintained for the resident occupant of the premises and no service is rendered to the public or business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.

GOVERNMENT AGENCY

Any department, commission, independent agency or instrumentality of the United States and of the State of New Jersey and any county, city, township, village, authority district or other governmental unit.

GRADING

Any stripping, cutting, filling or stockpiling or any combination thereof, and shall include the land in its cut or filled condition.

GRASSED WATERWAYS

A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses used to conduct surface water from a field, diversion or other site features.

HAZARDOUS MATERIALS

Includes but is not limited to inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; and pesticides.

HEIGHT

The vertical distance from the average finished ground elevation around the foundation to the top of a structure or the highest point of the roof surface of a building.

HOME OCCUPATION

Any activity carried out for gain, conducted as an accessory use in a dwelling unit and meeting the requirements of this chapter.

HORTICULTURE

The art or science of cultivating the ground and harvesting crops as well as growing fruits, vegetables, flowers, ornamental plants and crops in general.

[Added 8-13-1984]

HOTEL, MOTOR HOTEL or MOTEL

A building designed for occupancy as a temporary residence of one or more persons who are lodged with or without meals.

HOUSEHOLD

A family living together in a single dwelling unit with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

HOUSE TRAILER

A home, excluding recreational vehicles, which is a movable or portable unit, designed and constructed to be towed on its own chassis (composed of frame and wheels) and designed to be connected to utilities for year-round occupancy.

HOUSING OFFICER

The employee, consultant, authority or government responsible for the administration of the affordable housing program of the Borough.

[Added 8-15-1988 by Ord. No. 13-88]

IMPERVIOUS SURFACE

Any ground cover which reduces the rate of absorption of stormwater into the ground soil. Ground cover shall consist of buildings, structures, paving, artificial coverings and swimming pools. Retention and detention basins and drywells allowing water to percolate directly into the ground shall not be considered "impervious surfaces."

IMPROVED LOT COVERAGE

That portion of one or more than one lot which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface.

JUNKYARD

Subject to other ordinances of the Borough of Hampton which may impose greater restrictions, the use of any area, lot, parcel, building or structure for the storage, sale, processing or abandonment of junk, including scrap metal and other materials, or for the dismantling, demolition or abandonment of any inoperable mechanical equipment, machinery or vehicles or parts thereof. The parking or storage of two or more unregistered vehicles shall constitute a junkyard.

LAND

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

LAND DISTURBANCE

Any activity involving clearing, excavating, grading, transporting, filling and any other activity, including the removal of trees, which causes land to be exposed to the danger of erosion.

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. A street passing through land shall be considered as having divided the land into lots. A "building lot" shall be one having such open spaces, minimum frontage and width as required by this chapter and fronting on an approved federal, state, county or township street.

(1) LOT, CORNER A parcel of land either at the junction of and abutting on two or more intersecting roads or abutting a single road at the point where the road tangents deflect by more than 45°.

(2) LOT, INTERIOR A parcel of land other than a corner lot.

(3) LOT, THROUGH A parcel of land which extends through from one road to another.

LOT AREA

The computed area contained within the lot lines, but not including any road rights-of-way.

LOT COVERAGE

That portion of one or more than one lot which is improved or is proposed to be improved with buildings and structures, including but not limited to driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface. (See also "building coverage" and "open space.")

LOT DEPTH

The average of the horizontal distances between the front lot line and the rear lot line, or extension thereof, measured perpendicular to the front lot line at either end and at the midpoint of the front lot line.

LOT FRONTAGE

The length of the front lot line.

LOT LINE

A line of record bounding the lot.

(1) LOT LINE, FRONT The lot line separating the lot from the road right-of-way.

(2) LOT LINE, REAR The lot line opposite and most distant from the front lot line or the point at which the two side lot lines meet. On corner lots, there shall be only one "rear lot line."

(3) LOT LINE, SIDE Any lot line other than a front or rear lot line.

LOT WIDTH

The average distance between the side lot lines measured at the front lot line and at the building setback line.

LOW INCOME

As specified by the current rules of the New Jersey Council for Affordable Housing.

[Added 8-13-1984; amended 8-15-1988 by Ord. No. 13-88]

MINOR SUBDIVISION

Any subdivision containing not more than three lots, excluding the remaining lot or parcel, fronting upon an existing approved and improved street and not part of any planned development or new street or involving the extension of any off-tract facilities.

MODERATE INCOME

As specified by the current rules of the New Jersey Council for Affordable Housing.

[Added 8-13-1984; amended 8-15-1988 by Ord. No. 13-88]

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.

NATURAL GROUND SURFACE

The ground surface in its original state before any grading, excavation or filling.

NATURAL RESOURCE INVENTORY

A collection of data, organized in systematic manner, relating to geology, hydrology, geography, meteorology, soils, vegetation, wildlife, historic and cultural factors.

NONCONFORMING BUILDING

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

[Amended 11-9-1992 by Ord. No. 14-92]

NURSING HOME

A building providing shelter and/or supplemental health care for the elderly or infirmed and meeting the standards of the State of New Jersey to operate as a "nursing home."

OBSTRUCTION

Includes but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.

OFFICIAL MAP

A map adopted in accordance with the Municipal Land Use Law,[4] or any prior act authorizing such adoption, which map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.

OFFICIAL SOILS INTERPRETATION

The interpretations of the soils described in the Hunterdon County Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the Hunterdon Soil Conservation District and adopted by resolution of the Hunterdon County Planning Board.

OFFICIAL SOILS MAP

The individual map sheets that are part of the Hunterdon County Soil Survey of the National Cooperative Soil Survey of the Soil Conservation Service, United States Department of Agriculture, published by the Hunterdon County Soil Conservation District and adopted by resolution of the Hunterdon County Planning Board.

OFF SITE

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.

OFF TRACT

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

ON SITE

Located on the lot in question.

ON TRACT

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

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.[5]

OWNER

An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to seek or authorize development of land under this chapter.

PARKING AREA, PRIVATE

Any open space used for the temporary storage of automobiles and other vehicles, for the private use of the owners or occupants of the lot on which the area is located.

PARKING AREA, PUBLIC

Any open area, other than a road or other public way, used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation or as an accommodation for clients, customers and employees.

PERCOLATION TEST

A test designed to determine the ability of the ground to absorb water.

PERMIT

A certificate issued to perform work under this chapter.

PERMITTED USE

Any use which shall be allowed, subject to the provisions of this chapter.

PERMITTEE

Any person to whom a permit is issued in accordance with this chapter.

PESTICIDE

Any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in natural persons or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.

PLANNED RESIDENTIAL DEVELOPMENT

An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include public or quasi-public uses, all primarily for the benefits of the residential development. Several proximate noncontiguous tracts may be included in a "planned residential development," provided that a single site plan application is filed for all the tracts, and further provided that all such noncontiguous parcels are connected by Borough, county or other public land available for use by the residents of the development.

[Added 8-15-1988 by Ord. No. 13-88]

PLAT, FINAL

The final map of all or a portion of a subdivision or site plan which is presented to the Planning Board for final approval in accordance with this chapter.[6]

PLAT, PRELIMINARY

The preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for consideration and preliminary approval.[7]

PLAT, SKETCH

The sketch map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

PROFESSIONAL ENGINEER

An engineer duly licensed by the State of New Jersey.

PROHIBITED USE

A use which is not permitted in a zoning district.

RAINFALL EXCESS

The portion of rainfall which becomes direct surface runoff.

RECREATION

(1) RECREATION, COMMERCIAL Facilities operated as a business and open to the public for a fee.

(2) RECREATION, PRIVATE Facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.

(3) RECREATION, PUBLIC Facilities operated by the Borough, county or other governmental agency.

RIGHT OF DISCHARGE

A legally recordable instrument or agreement granting the developer the right to discharge collected waters upon lands exterior to the development.

SEDIMENT

Any solid material that is in suspension and is being or has been moved by water, ice, wind, gravity or other means.

SEDIMENTATION

The transport and depositing of sediment.

SEDIMENT BASIN

A barrier or dam built across a waterway or at other suitable locations to retain sediment.

SIGHT TRIANGLE

A triangular-shaped portion of land established at intersections in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct sight distance.

SIGN

Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or other facility conducted, sold or offered elsewhere than on the premises where the sign is located.

SIGN, BUSINESS

A sign which directs attention to a business, commodity, service or other facility conducted, sold or offered upon the premises where such sign is located or to which it is affixed.

SIGN, FLASHING

A sign in which the artificial light is not maintained constant in intensity, color or frequency at all times when such sign is in use.

SIGN, GROSS ADVERTISING AREA OF

The entire space within a single continuous perimeter enclosing the extreme limits of a sign.

SILTATION (DETENTION OR RETENTION) BASIN

A temporary or permanent facility designed in accordance with standards of the applicable federal, state, county or municipal agencies to collect silt and eroded soil from the area of a development and/or to retain stormwater runoff.

SITE

Any plot or parcel of land or combination of contiguous lots or parcels of land.

SITE PLAN REVIEW COMMITTEE

A Committee, appointed by the Chairperson, of one or more Planning Board members and municipal officials to review and make recommendations on site plans.

[Amended 11-9-1992 by Ord. No. 14-92[8]]

SLOPE

The degree of deviation of a surface from the horizontal, usually expressed in percent or degree.

SOIL

All unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.

SOIL CONSERVATION DISTRICT

The governmental subdivision of this state which encompasses this municipality, organized in accordance with the provisions of N.J.S.A. 4:24-1 et seq.

SOIL EROSION AND SEDIMENT CONTROL PLAN

A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards and specifications as adopted by the Hunterdon County Soil Conservation District.

SOILS ENGINEER

A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.

STORMWATER DETENTION

Any storm drainage technique which retains or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

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.

STORY, HALF

A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.

STREAM ENCROACHMENT PERMIT

A permit issued by the Department of Environmental Protection (DEP) under the provisions of N.J.S.A. 58:16A-52 and 58:16A-55.

[Amended 11-9-1992 by Ord. No. 14-92]

STREET, ARTERIAL

A street which is used primarily for fast or heavy traffic as designated on the circulation plan map of the Master Plan of the Borough of Hampton.

STREET, COLLECTOR

A street which carries traffic from local streets to major streets and has an average daily traffic (ADT) volume from 1,500 to 3,500.

[Amended 8-13-1984; 8-15-1988 by Ord. No. 13-88]

STREET, LOCAL

The streets of a residential development, necessary for circulation within such development, providing access to abutting properties and having an average daily traffic (ADT) volume less than 1,500.

[Amended 8-13-1984]

STREET, MAJOR

A street which is used primarily for fast or heavy traffic as designated on the circulation map of the Master Plan of the Borough of Hampton or which has an average daily traffic (ADT) volume over 3,500.

[Added 8-13-1984; amended 8-15-1988 by Ord. No. 13-88]

STRIPPING

Any activity which removes or significantly disturbs the vegetative surface cover, including the removal of trees.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of land or water, including house trailers, other forms of portable and temporary homes and septic disposal systems which are not accessory to the use of another structure on the same lot.

SUBDIVISION COMMITTEE

A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing minor subdivisions.

SURFACE WATER

Water on land surface.

TEMPORARY PROTECTION

Improvements required by the Planning Board to provide for the stabilization of erosive or sediment-producing areas in order to protect the health, safety and welfare of the citizens.[9]

TOPSOIL

The surface soil and soil material to a depth of six inches tillage, its equivalent in cultivated soil or the original or present A horizon plus B horizon (if in the top six inches), as defined by the National Cooperative Soil Survey of the United States Department of Agriculture, before its removal or displacement for any purposes whatsoever. "Topsoil" shall be capable of supporting vegetation indigenous to the area.

TOWNHOUSE

A one-family attached dwelling unit that shares one or more walls with other dwelling units. Each dwelling unit has separate access to the outdoors.

[Added 8-15-1988 by Ord. No. 13-88]

TRACT

An area of land composed of one or more lots having sufficient dimension and area to make one development meeting the requirements of this chapter for the use(s) intended. A tract may include lots separated by a public road. It may include environmentally sensitive lands.

[Added 8-15-1988 by Ord. No. 13-88]

TRAILER

A vehicle used for carrying people, material or objects or for working, living or sleeping purposes and standing on wheels or on rigid supports.

USE

The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

VEGETATIVE PROTECTION

Stabilization of erosive or sediment-producing areas by covering the soil with permanent or short-term seeding, mulching or sodding.

VEHICLE, MOTOR

A self-propelled device which is licensed as a motor vehicle by the State of New Jersey.

VEHICULAR SALES AREA

An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.

WATER BODY

A natural or artificial collection of water, whether permanent or temporary.

WATER-CARRYING CAPACITY

The ability of a channel or floodway to transport flow as determined by its shape, cross-sectional area, bed slope and coefficent of hydraulic friction.

WATERCOURSE

Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.

YARD

An open space which lies between the principal or accessory building and the nearest lot line, unoccupied and unobstructed from the ground upward except as permitted in this chapter.

(1) YARD, MINIMUM FRONT An open space extending to the full width of the lot, measured from and at right angles to the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.

(2) YARD, MINIMUM REAR A yard extending across the full width of the lot, measured from and at right angles to the rear lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.

(3) YARD, MINIMUM SIDE An open, unoccupied space measured from and at right angles to the side lot line of the lot and extending from the minimum front yard to the minimum rear yard, except as may be specified elsewhere in the chapter.

ZONING PERMIT

A document signed by the Zoning Officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom authorized pursuant to statute and/or ordinance.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[4] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[5] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[9] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).