[Adopted 2-3-2009. Amendments noted where applicable.]
Unless otherwise expressly stated, the words and phrases listed in Article II shall be construed throughout this Ordinance to have the meaning therein indicated. The singular shall include the plural. The word "structure" shall include "building." the present tense shall include the future tense. The word "shall" indicates a mandatory requirement. The word "may" indicates a permissive action. Any word or term not defined herein shall be defined as in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or shall be utilized in standard usage for the context in which the word is used.
The word "Township" shall mean the Township of Hazlet, Monmouth
County, New Jersey; the term "Township Committee" shall mean the Township
Committee of the Township of Hazlet; the term "Planning Board" shall
mean the Planning Board of the Township of Hazlet; and the term "Board
of Adjustment" shall mean the Zoning Board of Adjustment of the Township
of Hazlet.
The relinquishment of property, or cessation of the use of
the property, by the owner or lessee without any intention of transferring
property rights to another owner or of resuming the use of the property.
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters, and a private entrance, which
is created within an existing residence or by an addition to an existing
residence or accessory building.
A structure or building detached from a principal building
located on the same lot and customarily incidental and subordinate
to the principal building or use. Where a structure is attached to
a principal building by a breezeway, roof, common wall, or the like,
such a structure shall be considered part of the principal building.
The use of a building, lot or portions thereof which use
is customarily incidental and subordinate to the principal use of
the main building or lot.
A measure of land area containing 43,560 square feet.
Any land disturbance including any development for which
an application for development is necessary.
The development of a new use for a building or site. Adaptive
re-use is not to be construed to permit the commencement of a use
that is not allowed in a particular zone district.
Any extension or increase in the size, floor area or height
of a building or structure.
The Planning Board Secretary for all matters other than the
issuance of zoning permits and the necessary inspections and plan
reviews required to issue a zoning permit, in which case the administrative
officer shall be deemed to be the Zoning Officer.
[Ordinance No. 1421-07 adopted 10-16-2007]
See Section 181-409.01.
A planned development or portion of a planned unit development
that emphasizes social and recreational activities, personal services,
limited health facilities, and transportation. An adult retirement
community shall be designed for adults aged at least 55 years for
one resident of each 80% of the total units, provided that significant
facilities and services for the elderly are provided.
Land devoted, but not limited to, sod crops, grain and feed
crops, dairy animals and dairy products, poultry and poultry products,
or land devoted to and meeting the requirements for compensation pursuant
to a soil conservation program under an agreement with an agency of
the Federal Government for the purposes of this Ordinance, "agricultural
use" does not include a dwelling.
[Ordinance No. 1421-07 adopted 10-16-2007]
A right-of-way other than a street, road, crosswalk or easement,
less than 30 feet in width dedicated for the public use of vehicles
and/or pedestrians, which may afford access to property, but is not
intended for general traffic circulation.
Any change in the supporting members of a building, such
as bearing walls, column, beams or girders, except such change as
may be required for safety, or any substantial change in the roof
or in the exterior walls, not including, however, changes in doors
or windows or alterations which affect primarily the appearance and
not the life of the structure. Any addition to a building, any change
in use from that of one zoning and/or use classification to another
or moving a building from one site, location or position to another.
Any change, addition to a building or structure that is not as referenced
in the Uniform Construction Code and the more stringent definition
shall apply.
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunication signals or other
communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of N.J.S.A.
40:55dD-34 or N.J.S.A. 40:55D-36.
The official action of the Planning Board (or in some cases
the Board of Adjustment) 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 guarantees properly posted for their completion,
or approval conditioned upon the posting of such guarantees.
The conferral of certain rights pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) and/or the Development Review
Ordinance of the Township of Hazlet prior to final approval of the
Planning Board or the Zoning Board of Adjustment.
The Planning Board or Zoning Board of Adjustment of the Township
of Hazlet.
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in a given year.
A property survey prepared and certified by a licensed land
surveyor to reflect the actual location of structures and other improvements
constructed on a property.
A facility that is licensed by the New Jersey Department
of Health to provide apartment-style housing and congregate dining
for four or more adult persons unrelated to the proprietor.
The space between the ceiling beams of the top story and
the roof rafters.
A structure containing facilities for washing automobiles
and automatic or semi-automatic application of cleaner, brushes, rinse
water, and heat for drying.
A facility that displays and/or sells new and/or used motor
vehicles of any type. These facilities may include but are not limited
to the sale of cars, trucks, motorcycles, boats, and RVs.
[Ord. No. 1612-2017]
Any building, land area, or other premises, or portion thereof,
used for the retail sale and direct delivery to motor vehicles of
fuel and lubricating oil.
[Ord. No. 1612-2017]
Any building, land area or premises, or portion thereof,
used primarily for auto body work, welding and painting.
Any building, land area, or other premises, or portion thereof,
used for the retail sale and direct delivery to motor vehicles of
fuel and lubricating oil and the making of occasional mechanical repairs.
Any structure made of cloth, canvas, vinyl or other material,
with a frame attached to a building or other structure which may be
raised to a position against the building or structure when not in
use.
A platform that projects from the wall of a building and
is surrounded by railings and not a solid wall, with direct access
from the interior of the building, and is no greater than eight feet
in depth. The balcony shall not be roofed or enclosed.
A financial organization that provides direct banking services
including but not limited to walk-up tellers, accessory drive-through
areas and automatic teller machines.
Temporary announcement device constructed of cloth, canvas,
fabric or other light material.
Premises used primarily for the sale or dispensing of liquor
by the drink for on-site consumption and where food may be available
for consumption on the premises as accessory to the principal use.
A design that creates an environment that will permit handicapped
persons to operate independently with comparative ease under normal
circumstances with little or no other outside assistance. All barrier
free design shall be in accordance with state regulations adopted
under N.J.S.A. 52:32-5 as amended and supplemented.
That portion of a building that is partly or completely below
grade (see "story above grade").
[Ord. No. 1571-2015]
A sign which advertises goods, products, services or facilities
not conducted upon the premises where the sign is located.
The Planning Board or the Zoning Board of Adjustment, as
the case may be.
A designated area for the temporary storage of watercraft.
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.
A combination of lawn and a landscape screen of densely planted
(or having equivalent natural growth) evergreen shrubs or trees at
least four feet high at the time of planting of a type that will form
a year-round dense screen at least six feet high, which shall be maintained
in good condition at all times. Where required in the district regulations,
a screen should be installed along or within the lines of a lot as
a protection to adjoining or nearby properties.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
Any structure having a roof supported by columns, posts or walls,
intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
The area of a tract covered by structures, building and roofed
areas, measured at the building line. Building coverage is expressed
as a percentage of the total tract area.
[Ord. No. 1571-2015]
An area, generally described by building setback lines, depicting
the area within which the building(s) can be constructed.
The horizontal area contained within the outer dimensions
of the foundation walls of a building.
The vertical distance from grade plane to the average height
of the highest roof surface.
An official licensed by the New Jersey Department of Community
Affairs in accordance with the New Jersey Uniform Construction Code
and/or a Subcode Inspector designated by the Governing Body of the
Township of Hazlet.
A line formed by the intersection of an exterior wall of
a building with the ground.
A line parallel to the front yard line touching that part
of a principal building closest to the front yard line, not including
the dimensions of a porch structure.
Any structure, other than an awning or marquee, made of cloth,
plastic, metal or other substance and providing a roof-like shelter.
A roofed, accessory structure with open sides located on
the same lot as an automobile service station.
A governmental acquisition of real property or major construction
project.
Any structure or portion of a building or structure other
than an attached or detached garage used for the shelter of self-propelled
vehicles, and shall be considered as part of the main building.
See Basement.
Property used for interring of the dead.
A certificate issued by the Construction Official upon completion
of the construction or alteration of a building, upon a change in
the occupancy of a building or upon the commencement of occupancy
of land or change in the occupancy of land, which certifies that all
requirements of this Ordinance, or such adjustments thereof as have
been granted by the Board of Adjustment (or recommended by the Board
of Adjustment) or granted and recommended by the Planning Board and
approved by the Governing Body, and all other applicable requirements,
have been complied with.
Any use that substantially differs from the previous use
of a building or land.
The area between the top of the banks of any watercourse,
with or without continuous flow, wherein surface waters are contained
under conditions less than flood stage. This area shall also consist
of lands lying between two or more branches of the same watercourse.
An establishment licensed by the Department of Human Services
pursuant to N.J.S.A. 30:5B-1, et seq., providing for the care, supervision
and protection of children.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
The removal of all standing trees on a lot or portion of
a lot.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The New Jersey Council on Affordable Housing.
An area of minimum contiguous sizes specified by Ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses or both and any other uses incidental to
the predominant use as permitted by Ordinance.
A facility designed and equipped for the conduct of leisure,
sport or other recreational activities operated as a business, for-profit,
and open to the public for a fee.
Any commercially registered vehicle except a passenger car.
Vehicles normally associated with a commercial use, but not registered
for commercial use, shall be deemed commercial vehicles.
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. A parcel of land or an
area of water, or a combination of land and water within that part
of a townhouse or condominium development site that has been designated
for the use or enjoyment of residents and owners of the townhouse
or condominium development. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development, including
nonresidential recreational structures, improvements and landscaping
as are necessary or appropriate for use by the residents.
Ownership of two or more contiguous lots of real property
by one person or persons.
A building used for recreational, social, educational and
cultural activities, open to the public or a designated part of the
public, usually owned and operated by a public or non-profit group
or agency.
A community residential facility licensed pursuant to P.L.
1977, c.448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility with the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.).
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 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 (N.J.S.A. 26:2H1 et seq.). In the case of such
a 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. As used in this Ordinance, developmentally
disabled person means a person who is developmentally disabled as
defined in Section 2 of P.L. 1977, c.448 (N.J.S.A. 30:11B-2), and
mentally ill person means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-27.2, but shall not include a
person who has been committed after having been found not guilty of
a criminal offense by reason of insanity or having been found unfit
to be tried on a criminal charge.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
Any shelter 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 (N.J.S.A.
30:14-1 et seq.), 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.
An application shall be deemed complete for the purposes
of certification and commencing the applicable time periods for action
by a municipal agency when all forms and maps and accompanying documents
required by the checklist adopted by this Ordinance are filed with
the Planning Board or Zoning Board of Adjustment. The municipal agency
may require such additional information not specified in the Ordinance
or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
made. An application shall be certified as complete immediately upon
the meeting of all requirements specified in the checklist adopted
by this Ordinance. It shall be deemed complete as of the day it is
so certified by the Administrative Officer for purposes of commencement
of the time periods for action by the Planning Board or Zoning Board
of Adjustment.
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
thereof by the Board of Jurisdiction.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
The chief administrative construction code official for the
Township.
A building, land area, or other premises, or a portion thereof,
used for the retail sale of food and other conveniences goods and
merchandise where such establishment is also associated with the retail
sale and direct delivery to motor vehicles of fuel and lubricating
oil.
[Ord. No. 1612-2017]
Development other than planned development.
Alteration in an existing residential structure resulting
in an increase in the number of dwelling units.
A composite of the master plan for the physical development
of the County in which the Township is located, with the accompanying
maps, plans, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The County Planning Board of the County of Monmouth as defined
in N.J.S.A. 40:27-6.1.
Shall mean an open space, unobstructed from the ground to
the sky, that is bounded on two or more sides by the walls of a building
that is on the same lot.
[Ordinance No. 1421-07 adopted 10-16-2007]
Any court other than an outer court including a court completely
surrounded by building walls and an interior lot line. The width of
an inner court is its least horizontal dimension between opposite
walls, measured at right angles to its longest side. The depth of
an inner court is its greatest horizontal dimension, measured parallel
to its longest side.
A court opens for its full width into a yard or a street.
The depth of an outer court is the greatest horizontal dimension measured
at right angles from the yard or street upon which such court opens,
to the face of the opposite building or wall. The width of an outer
court is its least horizontal dimension measured at right angles to
its depth.
The established elevation of the curb top at (or adjacent
to) the midpoint of the front lot line.
A stone, concrete or other improved boundary marking the
edge of a roadway or paved area.
Shall refer to calendar days, as used in this Ordinance.
An above grade, unroofed structure without walls that is
attached to a residential dwelling unit.
The partial or total razing, dismantling or destruction of
any building or of any improvement within the Township.
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land for which permission may be required pursuant to this ordinance.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
Zoning, subdivision, site plan, or official map, ordinances,
or other municipal regulation of the use and development of land,
or amendment thereto adopted and filed pursuant to the Municipal Land
Use Law.
The diameter of a tree measured 4Â 1/2 feet (forestry
method) above the ground level on the downhill side for existing trees.
Trees utilized in the replacement of existing trees or proposed as
part of a landscape plan, shall be measured 12 inches above ground
level for trees over a four-inch caliper. The measurement shall be
six inches above grade for trees up to four-inch caliper (nursery
method). Diameter at point of measurement may appear as the abbreviation
"DPM."
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo, and materials, including transshipment
by rail or motor vehicle.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
non-point pollution, to maintain the integrity of stream channels
for their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
The lands required for installation and/or maintenance of
storm sewers or drainage ditches as required along natural swales,
streams or water courses for the preserving of the channel and providing
for the flow of water therein to safeguard the public against flood
damage and where designated within stream encroachment areas determined
and required pursuant to N.J.S.A. 58:1A-1 et seq. and the rules and
regulations of this Ordinance.
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater.
An establishment that by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
service or obtain goods while remaining in their motor vehicles.
A window or kiosk from which customer services are provided
for persons remaining in their vehicle.
[Ordinance No. 1421-07 adopted 10-16-2007; Ord. No. 1612-2017]
A delineated access way utilized for vehicular access to
a drive up kiosk.
[Ordinance No. 1421-07 adopted 10-16-2007]
A private right-of-way providing access for motor vehicles
to a garage, dwelling or other building from a street or other right-of-way.
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning, or any other means and for
whatever purposes of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts hereof, or waste material of any kind
(also see junkyard).
A two-unit dwelling sharing a common vertical separation
with independent means of ingress and egress for each unit.
A surface adequately covered with concrete, bituminous products,
or surface-treated macadam properly drained, and maintained in good
condition at all times.
A building or entirely self-contained portion thereof intended
or designed for non-transient residential use of a single housekeeping
unit, (A) separated from all other spaces by lockable doors, (B) having
access to the outside without crossing another dwelling, (C) having
any cooking facilities, fixed or portable, or food refrigeration facilities,
and (D) having any sanitary facilities. A house trailer, a boarding
or rooming house, convalescent home, fraternity or sorority house,
hotel, inn, lodging, nursing, or other similar home, or other similar
structure shall not be deemed to constitute a dwelling unit.
See Dwelling unit, multi-family.
A building containing three or more dwelling units, including
units that are located one over the other.
A previously substandard dwelling unit, as further defined
herein, which has undergone significant renovation to meet municipal
or other applicable housing code standards. Upon rehabilitation of
a substandard dwelling unit, housing deficiencies shall be corrected
and the house shall be brought up to code standard. The standard for
evaluating rehabilitation activity of a substandard dwelling unit
shall be the local property maintenance code, or, if none is available,
the BOCA Property Maintenance Code, in effect at the time of evaluation.
The rehabilitation activity shall not include luxury improvements,
the purchase of appliances (with the exception of stoves) or improvements
that are strictly cosmetic. A rehabilitated unit is considered complete
at the date of final inspection.
A structure containing a single housekeeping unit that is
not attached to any other dwelling unit by any means.
A dwelling unit with health and safety code violations that
require the repair or replacement of a major system. A major system
shall include weatherization, a roof, plumbing (including wells),
heating, electricity, sanitary plumbing (including septic systems)
and/or a load bearing structural system.
A one-family dwelling in a row of at least three such 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 vertical common fire-resistant walls.
A building on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
A grant of one or more of the property rights by the property
owner to another person or entity, and/or for the use by the public
or a corporation or other corporate entity.
A non-basement building: (A) built in an Area of Special
Flood Hazard to have the top of the elevated floor or when in a Coastal
High Hazard Area to have the bottom of the lowest horizontal structure
member of the elevated floor elevated above the ground level by the
means of piling, columns (posts or piers), or shear walls parallel
to the flow of the water; and (B) adequately anchored so as to not
impair the structural integrity of the building during a flood of
up to the magnitude of the base flood. In an Area of Special Flood
Hazard elevated buildings shall also include a building elevated by
means of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of floodwaters. In areas of Coastal
High Hazard elevated building shall also include a building otherwise
meeting the definition of elevated building, even though the lower
area is enclosed by means of breakaway walls.
The Hazlet Environmental Commission, a municipal advisory
body created pursuant to N.J.S.A. 40:56A-1 et seq.
The value of a property determined by the municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a construction permit may be
obtained utilizing estimates for construction costs. Final equalized
assessed value will be determined at project completion by the municipal
Tax Assessor.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
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 equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Committee and administered by the Freehold
Soil Conservation District or any duly designated successor or agency.
A lodging establishment designed and intended for the temporary
lodging of business travelers which includes a cooking area and related
appurtenances in every room, which has limited maid service, front
desk and reception services but which does not include restaurants,
conference facilities or retail/convenience stores.
Any change in the exterior architectural features of a building
or any other structure including repainting, additions or the demolition
of part of a building excepting repainting the structure the same
color for maintenance purposes.
Any element of the architectural style, design or general
arrangement of a structure that is visible from the outside including,
but not limited to, the style and placement of all windows, doors,
gutters, driveways, porches, railings, steps, lighting, the roof,
type, color and texture of the building material, signs and decorative
elements including landscaping, fences, curbs and sidewalks.
Federal Aviation Administration.
A single, non-profit housekeeping unit, which bears the generic
character of a relatively stable and permanent functioning unit.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the division contracts
for family day care and which is operated in accordance with N.J.S.A.
40:55D-66.5a et seq.
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry or dairy products.
Any building used for the housing of agricultural equipment,
produce, livestock, or poultry or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with, and necessary to the operation of
a farm as defined by this Article.
[Ordinance No.
1421-07 adopted 10-16-2007; deleted
by Ord. No. 1612-2017]
Federal Communications Commission.
A barrier of any material or combination of materials erected
to enclose, screen or separate areas.
A barrier in which one-half of the area between grade level
and the top cross-member (wire, wood or other material) is open.
The official action of the Planning Board or Zoning Board
of Adjustment taken on a preliminarily 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 guarantees properly posted for their completion,
or approval conditioned upon the posting of such guarantees.
That portion of the flood hazard area outside of the floodway
which is subject to less severe flooding.
The flood hazard area shall consist of the floodway and flood
fringe area, being the areas that are subject to flooding.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the Township.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as Flood Boundary-
Floodway Map and the water surface elevation of the base flood.
The greatest flood in a given area for which accurate records
are available and/or as determined by the New Jersey State Department
of Environmental Protection.
A general and temporary condition of partial or complete
inundation of normally dry land areas from (A) the overflow of inland
or tidal waters, and/or (B) the unusual and rapid accumulation or
runoff of surface waters from any source.
Same as the Flood hazard area.
Design flood (floodway or flood hazard area) is the relative
size or magnitude of a flood, expressed as a design discharge in cubic
feet per second, which is developed from hydrologic criteria, represents
a major flood of reasonable expectancy, reflects both flood experience
and flood potential, and is the basis of the delineation of the floodway
and the flood hazard area and of the water surface elevations thereof.
The channel of a river or other water-course 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.
The sum of the gross horizontal areas of all the floors of
the building or buildings on a lot measured from the exterior faces
of exterior walls equal to or in excess of seven feet six inches or
from the center line of party walls separating two buildings, excluding
cellar and basement areas used only for storage or the operation and
maintenance of the building.
The sum of the area of all the floors of buildings or structures
compared to the total area of the site.
All finished spaces within the exterior walls of a dwelling
exclusive of garages, breezeways, unheated porches, cellars and basements
having a window area of less than 10% of the square foot area of the
room. Usable floor area shall include all finished spaces not otherwise
excluded above such as: principal rooms, utility rooms, bathrooms,
all closets and hallways opening directly into any rooms within the
dwelling unit and all attic spaces having a clear height of six feet
from finished floor level to pitch of roof rafter with a clear height
of seven feet six inches from finished floor level to ceiling level
over 50% of the area of such attic space.
A business where food is prepared for consumption and where
such food is strictly for home, delivery or pick-up by patrons and
where NO on-site consumption is permitted. Such uses shall be treated
as retail uses for the purpose of determining parking requirements.
[Ord. No. 1571-2015]
A line formed by the intersection of a porch foundation wall
with the ground, or when viewed in plan, the outermost extremity of
the roof, whichever is closer to the front lot line.
A building used for the preparation of the deceased for burial
and/or the display of the deceased and rituals connected therewith
before burial or cremation.
A fully enclosed detached accessory building, or a portion
of a principal building, used primarily for the storage of vehicles
owned or used by the occupant of the principal building, or used for
the storage of incidental items to which the garage is an accessory.
A building or part thereof, other than a private garage,
used for the storage of motor vehicles for profit, or where any such
vehicles are kept for hire.
Land, greenhouses or structures used to raise and/or sell
flowers, shrubs, plants and other garden related items.
A comprehensive plan for the development of a planned development
as provided in section 4 of N.J.S.A. 40:55D-45.2.
A tract of land laid out for at least nine holes for playing
the game of golf and improved with trees, greens, fairways, and hazards
and that may include a clubhouse and shelter.
The Township Committee of the Township of Hazlet.
A referenced plane representing the average of the finished
ground level adjoining the building at all exterior walls. Where the
finished ground level slopes away from the exterior walls the referenced
plane shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building between the structure and a point six feet
from the building.
[Ord. No. 1571-2015]
The existing undisturbed elevation of land, ground and topography
preexisting or existing on a lot, parcel or tract of land at the time
of the adoption of this chapter.
[Ord. No. 1571-2015]
The complete surface of lawns, walks and roads brought to
grade(s) as shown on official plans or designs relating thereto or
as existing if no plans or designs have been approved.
[Ord. No. 1571-2015]
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of plants.
A device mounted on a freestanding support structure or secured
to a roof or wall of a building and used to receive and transmit radio
communications between other terrestrially based sites.
An establishment that provides facilities for physical exercises
and/or saunas, showers and lockers.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic sites or sites.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated as being of historic, archaeological, cultural,
scenic or architectural significance.
An activity carried out for gain by a resident and conducted
as a customary, incidental and accessory use in the resident's dwelling
unit.
A home occupation consisting of the office of a practitioner
of a recognized profession.
An association of owners of the various properties of a common
ownership community, formed under the provisions of a Master Deed,
Declaration of Covenants and Restrictions and a Certificate of Incorporation
and Bylaws.
A facility offering transient lodging accommodations to the
general public, including additional services such as restaurants,
meeting rooms and recreational facilities.
[Ord. No. 1612-2017]
Any structure, surface or improvement that reduces and/or
prevents absorption of stormwater into land. Porous paving, paver
blocks, gravel, crushed stone, crushed shell, elevated structures
(including boardwalks), and other similar structures, surfaces or
improvements are considered impervious cover. Grass, lawns or any
other vegetation are not considered impervious cover.
Any natural or man-made surface material which does not permit
infiltration of water and causes surface runoff. All buildings, parking
areas, driveways, roads, sidewalks and any area in concrete and asphalt
shall be considered impervious surfaces within this definition. In
addition, other areas determined by the Township or board engineer
to be impervious within the meaning of this definition will also be
classed as impervious surfaces. For purpose of calculating impervious
surface coverage calculations required in this Chapter, porous asphalt
and concrete shall be deemed to be an impervious surface.
[Ord. No. 1571-2015]
A measure of the intensity of use of a piece of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the net buildable site area.
[Ord. No. 1571-2015]
The area of a lot for the placement of principal buildings,
off-street parking lots, and off-street loading areas which is located
within the envelope delineated by the required yards, or buffers of
the zone district and which is not encroached upon by, (A) an existing
or proposed public right-of-way, (B) an area classified as a floodway
by the New Jersey Department of Environmental Protection and Energy
or as an area of special flood hazard or floodway, (C) wetlands or
any required wetlands transition area pursuant to the New Jersey Freshwater
Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.), except where construction,
fill, or disturbance has been authorized pursuant to the Freshwater
Wetlands Act, (D) slope areas where the inclination of the land's
surface from the horizontal is 15% or greater for a ten foot interval,
or (E) stream corridors.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation.
Any material that will not ignite at or below a temperature
of 1,200° F. and will not continue to glow or burn at that temperature.
Those fields of economic activity including construction,
light manufacturing, warehousing and wholesale trade.
(A) in a criminal or quasi-criminal proceeding, any citizen
of the State of New Jersey; and (B) in the case of a civil proceeding
in any court or in an administrative proceeding before the Planning
Board, Zoning Board or any other Township Agency, any person, whether
residing within or without the Township, whose right to use, acquire
or enjoy property is or may be affected by any action taken under
this Ordinance or the Municipal Land Use Law or whose rights to use,
acquire or enjoy property under this Ordinance or the Municipal Land
Use Law or under any other law of the State Of New Jersey or of the
United States have been denied, violated or infringed upon by an action
or a failure to act under this Ordinance or the Municipal Land Use
Law.
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed, or other use or disposition.
This definition also includes, but is not limited to, unregistered,
inoperable vehicles, tires, vehicle parts, equipment, paper, rags,
metal, glass, building materials, household appliances, machinery,
brush, wood and lumber.
Any land or premises with or without buildings used for the
deposit, collection or storage of salvageable materials, used or discarded
things, whether or not in connection with the dismantling processing,
salvage, sale or other use or disposition thereof; and for the purpose
of this section, the deposit or storage on any lot of two or more
wrecked or inoperative vehicles or parts thereof for one month or
more shall be deemed to be a junk yard (Also see Dump).
Any building, structure, or premises in which cats, dogs
or other domesticated animals are kept, boarded, bred or trained for
a fee or compensation.
Any ground, soil or earth, including marshes, swamps, drainage
ways and areas not permanently covered by water, within the Municipality.
Such term also includes improvements and fixtures on, above or below
the surface.
Any activity involving the clearing, grading, transporting,
filling of land and any other activity that causes land to be exposed
to the danger of erosion.
A designated area bound by leasehold lines.
A line of record bounding a leasehold area that divides a
leasehold area from another leasehold area, lot, or from a public
or private street or any other public space.
Any off-street space on the same lot available for the loading
or unloading of goods.
Any sewerage authority created pursuant to the "Sewerage
Authorities Law," (N.J.S.A. 40:14A-1 et seq.); or any utility, authority,
commission, special district or other entity regulated by the Board
of Public Utilities under Title 48 of the Revised Statutes that provides
natural gas, electricity, cable television, water or sewer service
to the Township or residents or consumers thereof.
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours to two or more patients who are not
related to the governing authority or its members by marriage, blood
or adoption. "Long- term care facility" shall include the terms "skilled
nursing facility" and "intermediate care facility."
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.
The area of the lot covered by structures, buildings and
accessory structures or buildings and expressed as a percentage of
the total lot area. For the purpose of this Ordinance, lot coverage
shall include all parking areas and automobiles access driveways and
internal roadways, whether covered by an impervious or pervious material,
patios associated with an in-ground or an above-ground swimming pool,
and all other impervious surfaces EXCEPT for the following:
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1.
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Exterior walkways and plazas designed exclusively for pedestrian
use as part of a commercial, industrial or office development and
which is part of an overall landscaping plan acceptable to the Land
Use Board.
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2.
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Unroofed patios that are NOT associated with an in-ground or
above- ground swimming pool, terraces, decks and pedestrian walkways
which are accessory to a Single-Family dwelling.
|
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3.
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In-ground or above-ground swimming pool surface areas up to
800 square feet. The surface area of an in-ground or above- ground
swimming pool ABOVE 800 square feet shall be included and considered
lot coverage.
[Ord. No. 1571-2015] |
The mean distance between the front and rear property lines
of any lot, measured along a line either parallel to or making equal
angles with the side lines.
The length of the street line of a lot.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
The lot line opposite and most distant from the front lot
line. In the case of a corner lot, the lot line opposite the shorter
front street line shall be considered the rear lot line.
Any lot line other than a front lot line or rear lot line.
A distance measured at the front yard setback line along
a line perpendicular to parallel side lines or making equal angles
with both converging side lines. Where a front yard is not required,
the lot width shall be measured along the street line.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
A large lot not meeting minimum frontage requirements and
where access to a public road is via a narrow, private right-of-way
or driveway.
A corner lot, the rear of which abuts upon the side of another
lot.
A through lot that is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
A lot other than a corner lot which adjoins two street lines
which are at opposite ends of the lot. A through lot shall be considered
to have two front yard lines.
The lowest level of the lowest enclosed area (including basement).
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 as to render the structure in violation
of other non-elevation design requirements.
Any security, which may be accepted by the Township for the
maintenance of any required improvements required under the Municipal
Land Use Law, including, but not limited to, surety bonds, letters
of credit under the circumstances specified in N.J.S.A. 40:55D-53.5.
Any subdivision not classified as a minor subdivision in
accordance with the terms of the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
A structure transportable in one or more sections which is
built on a permanent chassis and designed for use with or without
a permanent foundation when connected to the required utilities. For
flood plain management purposes the term manufactured home also includes
park trailers, travel trailers and other similar vehicles placed on
a site for greater than 180 consecutive days. For insurance purposes
the term manufactured home does not include park trailers, travel
trailers and other similar vehicles.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Any process whereby the nature, size, or shape of articles
or raw materials are changed, or where articles are assembled or packaged.
An entity licensed to cultivate marijuana and sell marijuana
to marijuana producers, to marijuana product manufacturing facilities
and to other marijuana cultivating facilities, but not to consumers.
[Ord. No. 1618-2018 § 2]
A marijuana cultivation facility, a marijuana testing facility,
and marijuana product manufacturing facility, or a marijuana retailer.
[Ord. No. 1618-2018 § 2]
An entity licensed to purchase marijuana; manufacture, prepare,
and package marijuana items; and sell items to other marijuana product
manufacturing facilities and to marijuana retailers, but not to consumers.
[Ord. No. 1618-2018 § 2]
An entity licensed to purchase marijuana from marijuana cultivation
facilities and marijuana items from marijuana product manufacturing
facilities or marijuana wholesalers and to sell marijuana and marijuana
products to consumers.
[Ord. No. 1618-2018 § 2]
An independent, third-party entity meeting accreditation
requirements established by the Division (of the State Department
of Health) that is licensed to analyze and certify the safety and
potency of marijuana items.
[Ord. No. 1618-2018 § 2]
Any pier, dock, wharf, breakwater or similar structure or
facility which is operated to provide dockage for recreational watercraft.
Establishments engaged in selling watercraft related goods
or merchandise to the general public for personal use and rendering
services incidental to the sale of such goods.
A permanent, roof-like structure extending from part or all
of a building or other structure over a public or quasi-public right-of-way
and constructed of some durable material such as metal, glass or plastic.
A composite of one or more written or graphic proposals for
the development of the Township as set forth and adopted pursuant
to the Municipal Land Use Law.
An entity permitted by a State agency, including medical
marijuana treatment centers and alternative treatment centers, to
sell marijuana and marijuana products pursuant to the Compassionate
Use Medical Marijuana Act, N.J.S.A. 24:61-1 et seq.
[Ord. No. 1618-2018 § 2]
An establishment where patients seek medical care for injury,
illness, or general well-being. Such establishments may include but
are not limited to long-term care facilities, hospitals, emergency
medical facilities, out-patient treatment centers, surgery centers,
and urgent care facilities.
[Ord. No. 1612-2017]
A building, lot, or land area, used as a private club or
social organization not conducted for profit or gain, and which is
not an adjunct to or operated by or in connection with or as a public
tavern, cafe, restaurant or other like public space.
An intermediate level between the floor and ceiling of any
story and covering not more than 33% of the floor area of the room
in which it is located.
A development plan of one or more lots which (A) proposes
new development within the scope of development specifically permitted
by ordinance as a minor site plan; (B) does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to N.J.S.A. 40:55D-42; and (C) contains the
information reasonably required in order to make an informed determination
as to whether the requirements established by ordinance for approval
of a minor site plan have been met.
A building that contains residential and non- residential
uses.
Any motorized or non-motorized vehicles, trailer, kiosk,
pushcart, stand, display, or other device designed to be portable
and not permanently attached to the ground from which only food and
non-alcoholic beverages are vended, sold, served, displayed, otherwise
offered for sale, or given away at a temporary location.
[Ord. No. 1612-2017]
See Manufactured housing.
A site containing spaces with required improvements and utilities
that are leased for the long term placement of manufactured houses
and that may include services and facilities for the residents.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
See Funeral home.
The same as Hotel.
[Ord. No. 1612-2017]
A single-family dwelling which has a portion converted into
an additional dwelling unit, specifically designed for use by a family
member. Such units shall not be rented. Mother-daughter units may
have direct access to the outside, but in all cases shall maintain
internal free-flowing access from dwelling to dwelling within the
structure subject to the following:
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1.
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A floor plan depicting free-flowing access from within shall
be submitted with a zoning application.
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2.
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The mother-daughter unit shall contain no more than one bedroom
maximum.
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3.
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The mother-daughter unit shall not exceed 25% of the gross floor
area of the existing dwelling. Except that in dwellings that are less
than 1,600 square feet such space may occupy no more than 35% of the
gross floor area.
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4.
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Any addition to the dwelling unit for the purpose of a mother-daughter
unit where there is a separate exterior entrance, said entrance shall
NOT face the front yard.
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5.
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Common utilities shall be maintained for both units.
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6.
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A note shall be added to the plan stating although the structure
contains a separate entrance and cooking facilities, a second, unrelated
family cannot occupy a portion of the dwelling as tenants.
[Ord. No. 1571-2015] |
A self-propelled device used for transportation of people
or goods over land surfaces.
A building or structure consisting of more than one level
and used for the temporary storage of motor vehicles.
Of or pertinent to the Township of Hazlet.
The Municipal Planning Board, Board of Adjustment or Township
Committee when acting pursuant to this Ordinance.
Structures for which the start of construction commenced
on or after the effective date of this Ordinance.
An establishment dispensing liquor and meals and in which
music, dancing or entertainment is conducted. For the purposes of
this Ordinance, an "adult entertainment use" shall not be considered
a "nightclub."
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning 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.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning 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.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning 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.
An offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights including
the actual or potential emanation of any physical characteristics
or activity or use across a property line which can be perceived by
or affects a human being, or the generation of an excessive or concentrated
movement of people or things, such as but not limited to:
Noise.
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibrations.
Shock Waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent.
Noise of congregation of people, especially at night.
Passenger traffic.
Transportation of things by truck, rail or other means.
Invasion of non-abutting street frontage by parking.
The obscuring or marking of adjacent or nearby property by projecting
signs, marquees or canopies.
Any adverse effect on value or desirability of nearby property
caused by such matters as incongruous appearance, exposed storage
of inoperable automobiles, junk, materials and neglect or dilapidation
of.
Land or greenhouses used to raise flowers, shrubs and plants
for sale.
A school designed to provide daytime care of three or more
children from two to six years of age inclusive, and operated on a
regular basis.
See Long term care facility.
The use of a lot or structure.
Located outside the lot lines of the lot in question but
within the property which is the subject of a development plan or
on a contiguous portion of a street or right-of-way.
Not located on the property that is the subject of a development
plan or on a contiguous portion of a street or right-of-way.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files and communication equipment.
Located on the lot in question.
Located on the property that is the subject of a development
plan or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved,
except for buildings, structures, streets and off-street parking and
other improvements that are designed to be incidental to the natural
openness of the land.
An open space area within or related to a development, and
designed and intended for the use or enjoyment of residents and owners
of the development. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development.
A repair or exact replacement of any part of a structure
for which a construction permit is not required by the Township and
where the purpose and effect of such work or replacement is to correct
deterioration, restore a damaged part and prevent the spread of deterioration
and is without change in the exterior of the structure or in the color
of the paint. The following are some of the activities which are permitted
as ordinary maintenance and repairs: (A) identical replacement of
existing windows and doors; (B) repairs of existing windows and doors
and the installation of storm doors and windows that do not change
their design, scale or appearance; (C) maintenance and repair of existing
roofing materials involving no change in the design, scale or appearance
of the structure; (D) replacement of existing clapboards, shingles
or other siding with identical materials and in an identical configuration.
Maintenance and repair of existing clapboards, shingles, or other
siding including masonry involving no change in the design, scale
or appearance of the structure.
The keeping other than in a building of any goods, junk,
material, merchandise, or vehicles in the same place for more than
24 hours.
A tract of land designated and used by the public for active
and passive recreation.
An improved, off-street, ground-level open area used for
the parking of motor vehicles. A parking lot may include access drives
or aisles for ingress and egress.
A paved or surfaced area for off-street motor vehicle parking.
A space in a garage or parking area not less than 10 feet
wide and 20 feet long, reserved for the parking of only one automobile.
This space is exclusive of driveways, ramps, columns, office and work
areas.
[Ordinance No. 1421-07 adopted 10-16-2007]
An area of land not used for storing or receiving material
where the ground has been surfaced with construction material such
as brick, stone, cement or lumber, which does not project above grade
level by more than 18 inches and which is entirely uncovered by a
roof, structure or superstructure.
[Ord. No. 1571-2015]
A single-family dwelling on a separate lot with open space
setbacks on three sides and with an open court or patio space. Patio
homes may be located on a lot in such a manner that one or more of
the dwelling's sides rest on a lot line; in which case they are known
as zero lot line homes.
[Ordinance No. 1421-07 adopted 10-16-2007]
A level, landscaped, and/or surfaced area on a lot with a
principal building and not covered by a permanent roof.
Any security authorized by the Municipal Land Use Law which
may be accepted by the Township, including cash, provided that the
Township shall not require more than 10% of the total performance
guarantee in cash.
Any required Township approval for work to any structure
or building. Permits shall include, but is not limited to a zoning
permit, construction permit, demolition permit, permit to move, convert,
relocate or remodel or to change the use or type of occupancy of any
structure which involves changes to the building, structure or the
property on which it is located.
[Ord. No. 1571-2015]
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functions which causes partial or total
disability.
A structure intended for non-commercial purposes built along
or at an angle from a shoreline so that a boat may discharge or receive
passengers.
Any business use that provides services to an individual
or group of individuals, such as barbershops, dry cleaning establishments,
beauty salons, travel agencies and substantially similar type uses,
and does not provide goods for retail sale or consumption.
An establishment or place of business primarily engaged in
providing individual services generally related to personal needs.
Typical uses include, but are not limited to, beauty and barber shops,
shoe repair shop, nail salon, day spa, dry cleaners and tailor shops.
[Ord. No. 1571-2015]
A church, synagogue, temple, mosque or other facility that
is used for prayer, or formal religious services by a religious congregation.
A contiguous or noncontiguous land area with a minimum specified
land area as specified herein developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial and/or office uses.
Any planned unit development and any planned commercial development.
An area of a minimum contiguous size as specified by Ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
Industrial uses and any other uses incidental to the predominant use
as permitted by this Ordinance.
An area with a minimum contiguous or non-contiguous acreage
of 10 acres or more to be developed as a single entity according to
a plan, containing one or more residential clusters or planned unit
residential developments and one or more public, quasi-public or commercial
area in such ranges of ratios of nonresidential uses to residential
uses as is specified in this Ordinance.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial, or public or quasi-public uses, all primarily for the
benefit of the residential development.
The Planning Board of the Township of Hazlet unless otherwise
specified.
The map or maps of a subdivision or site plan.
A roofed, open area attached to and with direct access to
or from a building.
The conferral of certain rights pursuant to the Municipal
Land Use Law, prior to final approval of a major site plan or major
subdivision, after specific elements of a development have been approved
by the delegated approving authority and agreed to by the applicant.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure, and the landscape
features and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
A building in which the principal use of the lot on is conducted.
The primary or predominant use of any lot.
An office used or occupied by a licensed professional in
the fields of accounting, architecture, dentistry, engineering, finance,
insurance, law, medicine, planning and similar occupations and professions.
Any use that is not specifically permitted by this Ordinance.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or to cover or shield the property
from danger or injury.
(A) public parks, playgrounds, trails, paths and other recreational
areas; (B) other public open space; (C) scenic and historic sites;
and (D) sites for schools and other public buildings and structures.
An open space area conveyed or otherwise dedicated to the
Township, Township Agency, Board of Education, State or County Agency
or other public body for recreational or conservational uses.
The use of land or buildings by the Township of Hazlet or
by any other Federal, State, County or municipal governmental body
including the Township of Hazlet Board of Education.
A facility with the primary function of generating, creating
or harnessing natural or man-made energy for essential services use
or distribution off-site, including electrical sub-and switching stations,
or the disposal or treatment of water or wastes, not including service
yards or storage and treatment yards and facilities or wireless telecommunications
facilities.
A facility specifically geared to providing interior areas
for groups of individuals to congregate, socialize or celebrate particular
events.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure or object,
or any part thereof, as it appeared at a specific period of time.
A place designed and equipped for the conduct of sports and
leisure-time activities, excluding billiard parlors, video arcades,
adult book and video stores and massage parlors.
A designated area either within a building, or a screened
space on the exterior of a building, specifically designed to hold
waste or recyclable materials.
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural and
cultural values.
A specific plan for replacement of removed trees in accordance
with the provisions of this Ordinance.
A nursery grown certified tree, properly balled, and marked
with a durable label indicating genus, species and variety, and satisfying
the standards for nursery stock and installation thereof, set forth
by American Association of Nurserymen.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
A commercial establishment where food and drink are prepared,
served and consumed. As used in this chapter a "Restaurant" shall
not include a Restaurant, Fast Food as defined herein.
[Ordinance No. 1421-07 adopted 10-16-2007; Ord. No. 1571-2015; Ord. No. 1612-2017]
The same as Restaurant, Fast Food.
[Ord. No. 1571-2015; Ord. No. 1612-2017]
A commercial establishment where food and drink prepared
for immediate consumption is purchased at a counter and either eaten
on the premises, in the purchaser's automobile or off the premises
and may or may not have a drive-up window. Restaurants where food
is consumed only at tables in the premises and served either cafeteria
style or by waiter or waitresses shall not be deemed Restaurant, Fast
Food.
[Ord. No. 1571-2015; Ord. No. 1612-2017]
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
A commercial enterprise that provides goods, merchandise
and/or services directly to the consumer, where such goods are available
for immediate purchase and removed from the premises by purchaser.
Typical uses include, but are not limited to, supermarket, grocery
store, bakery, butcher, candy store, department store, appliance store
and similar establishments.
[Ord. No. 1571-2015; 1612-2017]
Establishments providing services or entertainment, as opposed
to products to the general public for personal or household uses,
including eating and drinking places, hotels and motels, finance,
real estate and insurance offices, personal, health, educational and
social services, museums and galleries.
[Ordinance No. 1421-07 adopted 10-16-2007; Ord. No. 1571-2015; Ord. No. 1612-2017]
See Townhouse.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and in the shape of a shallow dish, cone,
horn or cornucopia, for use to receive and/or transmit radio or electromagnetic
waves between terrestrially and/or orbitally based uses.
Any building or a group of buildings the use of which meets
state requirements for elementary, secondary or higher education and
which use does not secure the major part of its funding from any governmental
agency.
Any school licensed by the State and that meets the State
requirements for elementary, secondary or higher education.
A secondary or higher educational facility primarily teaching
useable skills that prepare students for jobs in a trade and meeting
the State requirements as a vocational facility.
The removal of larger trees on an individual basis while
leaving trees of lesser size.
A structure or facility containing separate, individual and
private storage spaces of varying sizes leased or rented on individual
leases for varying periods of time.
A building or space for the retail sale of gasoline or other
motor vehicle fuel and lubricating substances and including the sale
and installation of motor vehicle accessories or replacement parts
for motor vehicles or the repair of motor vehicles, except where such
sale, installation or repair shall be an accessory function of a permitted
use such as a new car automobile dealership. Specifically included
under this definition would be establishments providing the following
types of services: tire replacement adjustment, muffler and/or transmission
repair or replacement, motor vehicle lubrication and/or filter replacement,
towing and/or collision repair, repair and the like.
[Amended by Ordinance No. 756, adopted 8-15-1989]
The distance between a building and any lot line.
That line that is established at the required minimum distance
from any lot line and that establishes the area within which the principal
structure must be erected or placed.
The relationship that a site and its buildings have to its
surroundings.
A group of commercial establishments planned, constructed
and managed as a unit with customer and employee off-street parking,
truck loading and unloading facilities, landscaping, pedestrian walkways,
utilities and sanitary facilities provided on the property. The integrated
development, planned as an architectural unit, shall be related in
location, size and type of shops to the trade area which the unit
serves, and may include such uses as retail stores and shops, personal
services establishments, professional and business offices, banks,
post offices, gasoline service stations, restaurants, theatres and
auditoriums housed in an enclosed building or buildings.
A periodic event that is accessory to a principal permitted
retail use and occurs before and after designated holidays during
which merchants are allowed to display merchandise for sale on the
sidewalk.
A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
[Ordinance No. 1421-07 adopted 10-16-2007]
Any name, identification, description, display or illumination
which is affixed to or painted on or represented directly or indirectly
upon a building, structure or parcel of land, and which directs attention
to a person, organization, institution, activity, event, place, object,
product, commodity, business, entertainment, service or profession
or which conveys any message, notice or greeting.
The enlargement, extension or relocation of an existing sign
or support structure.
The entire area within a contiguous perimeter enclosing the
limits of a sign and including the frame of the sign, but not including
structural elements outside the limits of such sign and not forming
an integral part thereof.
The area or display surface used for the message.
The routine maintenance and painting of existing, approved
signs, that does not change the approved design or increase the total
sign area.
All frames, glass or other coverings, gooseneck arms, light
bulbs, lights, shields, shades, reflectors, supports, brackets, braces,
screws, bolts, fastenings or other items or devices which constitute
a part of the support system for any sign, awning, canopy or marquee.
A sign that is mounted, painted, or attached to an awning.
A temporary sign that identifies the tradesperson or architect
of a specific improvement on the property for which the improvement
is being made.
A sign intended to facilitate efficient traffic circulation
movement within a particular tract.
A ground or wall sign listing the tenants or occupants of
a building or group of buildings and that may indicate their respective
professions or business activities.
A sign, the illumination of which is not kept constant in
intensity at all times when in use.
A single or multi-faced sign not attached to a building,
and with an upright base extending from the ground.
A sign having characters, letters, figures, designs or outlines
illuminated by electric light or luminous tubes as a part of the sign.
An illuminated, nonflashing sign whose illumination is derived
from an external artificial source and is so arranged that no direct
rays of light are projected from the artificial source into an area
where anyone resides or into any public street or public way.
A temporary sign denoting a political campaign headquarters,
party affiliation, cause or candidate.
A sign that is not securely affixed to the ground or otherwise
affixed in a permanent manner to a building or other structure.
A temporary sign intended to identify a project under construction,
including the project name, general contractor, architect and prime
real estate agent.
A sign that is wholly or partly dependent upon a building
for support and that projects more than nine inches from such building.
A sign designed to promote the public health, safety and
welfare, including official government notices, government signs,
signs to control and direct traffic on public streets, street identification
signs, signs erected by public utility companies to warn of dangerous
or hazardous conditions and political signs.
A temporary, portable sign that incorporates changeable lettering
and is intended primarily for advertising or announcement purposes.
A sign pertaining to the sale or lease of the premises, or
a portion thereof, on which the sign is located.
A sign identifying a residential major subdivision, condominium,
apartment or townhouse complex, and is located entirely on the property
which it is identifying.
A wall sign permitted for the sole purpose of identifying
the inhabitant residing therein, the house name and/or identifying
the address of the house.
A sign that is mounted on the roof of a building or is wholly
dependent upon a building for support, and that projects above the
top walk or edge of a building with a flat roof, the eave line of
a building with a gambrel, gable or hip roof, or the deck line of
a building with a mansard roof.
A temporary, moveable, non-illuminated sign located within
the public right-of-way that is not permanently affixed to a wall,
structure or to the ground.
A permitted sign for the purpose of identifying private parking
areas and directing the flow of traffic on private property.
A sign attached to, painted on, or erected against the wall
of a building or structure with the exposed face of the sign in a
plane parallel to the face of the wall.
A sign which is part of or affixed or attached to the interior
of a window or otherwise part of a window and located within 18 inches
of the interior of the window and which can be seen from a public
street or public parking facility.
[Ordinance No. 1421-07 adopted 10-16-2007]
Means a development plan of one or more lots on which is
shown (A) the existing and proposed conditions of the lot, including,
but not necessarily limited to, topography, vegetation, drainage,
flood plains, marshes and waterways; (B) the location of all existing
and proposed buildings, drives, parking spaces, walkways, means of
ingress and egress, drainage facilities, utility services, landscaping,
structures and signs, lighting, screening devices; and (C) any other
information that may be reasonably required in order to make an informed
determination pursuant to an ordinance requiring review and approval
of site plan by the Planning Board adopted pursuant to the Municipal
Land Use Law.
Accessory buildings to agricultural and horticultural uses,
including temporary farm stands, are exempt as are single-family and
their accessory uses, including swimming pools and tennis courts.
Building or site plan alterations, which do not involve a change in
use or additional parking or additional building and/or paving area,
shall be exempt. Changes in use, other than for conditional uses,
which do not require additional parking shall be exempt. These exemptions
shall not apply whenever three or more dwelling units are proposed
to be constructed under common ownership or control on contiguous
lots.
[Ordinance No. 1421-07 adopted 10-16-2007]
The forest debris remaining after a tree removal operation.
A designated, unroofed, enclosed area for the temporary storage
of waste and recyclable materials.
Any tree with a DPM of 18 inches or greater.
The date the construction permit is issued, provided the
actual start of construction, repair, reconstruction, placement, or
other improvement is commenced within 180 days of that date.
An accessory building that is exclusively used by the occupant
of the principal building to which it is incidental, and contains
items customarily associated with residential use such as personal
items, lawnmowers, tools and hardware.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above (also
see "Mezzanine" definition). It is measured as the vertical distance
from top to top successive tiers of beams or finished floor surfaces
and, for the topmost story, from the top of the floor finish to the
top of the ceiling joist or, where there is not a ceiling, to the
top of the roof rafters.
Any story having its finished floor surface entirely above
grade plane, except that a basement shall be considered as a story
above grade plane where the finished surface of the floor above the
basement meets any one of the following:
|
1.
|
Is more than six feet above grade plane.
|
|
2.
|
Is more than six feet above finished ground level for more than
50% of the total building perimeter.
|
|
3.
|
Is more than 12 feet above the finished ground level at any
point.
[Ord. No. 1571-2015] |
The vertical distance from top to top of two successive finished
floor surfaces; and, for the topmost story, from the top of the floor
finish to the top of the ceiling joist or, where there is not a ceiling,
to the top of the roof rafters.
Any river, stream, pond, lake or wetland, together with adjacent
upland areas, that supports protective bands of vegetation that line
the water's edge.
A public thoroughfare, including public roads or highways
which affords principal means of access to abutting property. A street
as used herein, includes as its width, the roadway, curbs and sidewalks
to the limits of the street line.
The officially established grade of the street upon which
a lot fronts.
The dividing line between a lot and a street.
A combination of materials constructed for use, occupancy,
or ornamentation whether installed on, above, or below the surface
of land.
Any individual, firm, association, syndicate, partnership,
copartnership, trust, or any other legal entity commencing proceedings
under this Ordinance to effect a subdivision of land hereunder for
himself or for another. A subdivider may be the holder of an option
or contract to purchase or other person having an enforceable proprietary
interest in such land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this Ordinance, if no new streets are created: (A)
divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size,
(B) divisions of property by testamentary or intestate provisions,
(C) divisions of property upon court order, including but not limited
to judgments of foreclosure, (D) consolidation of existing lots by
deed or other recorded instrument and (E) the conveyance of one or
more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
administrative officer to conform to the requirements of the municipal
development regulations and are shown and designated as separate lots,
tracts or parcels on the tax map or atlas of the municipality. The
term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing and approving
minor subdivisions in accordance with the provisions of the Municipal
Land Use Law and this Ordinance, and having such further duties relating
to land subdivision as may be conferred on this Committee by the Board.
Any subdivision not classified as a minor subdivision in
accordance with the terms of the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
A subdivision of land for the creation of no more than two
lots provided such subdivision does not involve (A) a planned development,
(B) any new street, or (C) the extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Any repair, reconstruction or improvement of a structure,
where the cost exceeds or equals 50% of the market value of the structure
either: (A) before the improvements or repair is started, or (B) if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes 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 the alteration affects the external dimensions of the structure.
The term does not, however, include any project for improvement of
a structure to comply with existing State or local health, sanitary,
or safety code specifications that are solely necessary to assure
safe living conditions, or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
An accessory structure whether located above or below the
ground, designed and maintained for swimming and bathing purposes
by a private residence for use by household members and guests, having
a depth of more than 18 inches and/or a water surface in excess of
100 square feet.
A swimming pool which is located above ground level, otherwise
not permanently installed, does not require water filtration, circulation
and purification, does not exceed a water surface of 100 square feet,
and does not require braces or supports.
An establishment used for the serving and consumption of
liquor by the drink to the general public on-site as a principal use.
A place where motion pictures are shown to the public for
a fee. For the purposes of this Ordinance, an "adult entertainment
venue" shall not be considered a "motion picture theater."
A building designed for the presentation and viewing of live
performances. For the purposes of this Ordinance, an "adult entertainment
venue" shall not be considered a "performing arts theater."
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of the remaining
trees on the lot.
The top six-inch layer of arable soil.
The structure designed to support transmitting or receiving
antennas. For the purposes of this Ordinance, amateur radio transmission
facilities and facilities used exclusively for the transmission of
television and radio signals are not "transmission towers."
A one-family dwelling in a row of at least three such units
in which each unit has its own front and secondary access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
A parcel or portion or other division of land which is in
whole or in part proposed for subdivision, composed of a portion of
one lot, or one or more contiguous lots in the same ownership. Lots
separated by easements, street, or other public rights-of-way shall
be considered contiguous for the purpose of this definition.
A wheel-based noncommercial structure that is used for the
transportation or storage of goods or materials, as a construction
office, for temporary short-term habitation in case of calamity, or
other occupancy subject to the provisions of this Ordinance. A box
container that has been temporarily or permanently removed from a
chassis or truck bed shall be considered a "trailer."
Any deciduous or coniferous species which reaches a typical
mature height of 12 feet or more at maturity, and has a typical DPM
of four inches or greater.
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which land or buildings are occupied
or maintained.
A modification of the provisions of this Ordinance granted
by the Municipal Agency under the provisions of the Municipal Land
Use Law. N.J.S.A. 40:55D-1 et seq.
A wall constructed of stone or other material erected for
the sole purpose of providing a decorative and/or landscaped feature,
and not to include structural support walls, retaining walls or any
other walls constructed for a purpose other than aesthetics.
A building used primarily for the storage of goods and materials.
A constructed storm water facility with an outlet structure
that creates a permanent pool. A wet pond promotes pollutant removal
through sedimentation and biological processes and also attenuates
peak rates of runoff, as per the most current Best Management Practices
Manual.
[Ordinance No. 1421-07 adopted 10-16-2007]
A structure that facilitates personal wireless services as
defined in the Federal Telecommunications Act of 1996 which includes
FCC licensed commercial wireless telecommunications services such
as cellular, personal communications services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging, and
similar services that currently exist or may be developed in the future.
Those wooded lands within a lot or tract which are not specifically
excluded by any general, State, County or municipal law or ordinance,
deed restriction or covenant running with the land. For purposes of
this Ordinance, those lands specifically eliminated from considerations
as wooded acres permitted for development include, but are not limited
to, wetlands as defined by N.J.S.A. 13:9B-1 et seq.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth herein is to be unoccupied and unobstructed from the ground
upward except as may be provided in this Ordinance.
An open, unoccupied space (unless occupied by a structure
hereinafter specifically permitted) extending across the full width
of the lot and lying between the street line and the building line.
All yards abutting a street shall be considered a front yard.
An open, unoccupied space (unless occupied by an accessory
structure) extending across the full width of the lot between the
rear lot line and the building line.
An open, unoccupied space (unless occupied by an accessory
structure) extending along the side lot line from the front yard to
the rear yard and lying between the side lot line and the building
line.
The location of a building on a lot in such a manner that
one of the building's sides rest directly on a lot line.
[Ordinance No. 1421-07 adopted 10-16-2007]
The map annexed to and made a part of this Ordinance.
An agent appointed by the Township Committee who shall be
responsible for the administration and enforcement of the provisions,
requirements, regulations and standards contained in this Ordinance
and who shall have such other duties and responsibilities as may herein
specified or assigned by an appropriate body.
A document signed by the Zoning Officer (A) which is required
by ordinance 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 (B) which acknowledges
such use, structure or building complies with the provisions of the
municipal zoning ordinance or variance therefrom duly authorized by
a municipal agency pursuant to the Municipal Land Use Law.
[Ord. No. 9-16-08]
