N.J. Admin. Code § 19:31C-3.2 - Definitions
"Access" means a physical entrance to property.
"Accessory building or structure" means a building or structure, the use of which is customarily incidental and subordinate to that of the principal building located on the same lot. 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.
"Accessory use" means as use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.
"Active recreation" means ball fields, hard surface courts, tracks, golf courses, swimming pools, and other intensive recreational use.
"Adaptive reuse" means the development of a new use for an older building or for a building originally designed for a special or specific purpose.
"Addition" means a structure added to the original structure at some time after the completion of the original structure.
"Aisle" means the traveled way by which cars enter and depart parking spaces.
"Alley" means a service roadway providing a secondary means of access to abutting property and not intended for general traffic circulation.
"Alteration" means any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structure. "Alteration" shall also mean and include any conversion of a building or a part thereof from one use to another or the moving of a building or structure from one location to another. "Alteration" shall not be construed to mean any necessary repairs and renovation of an existing structure solely for the purpose of maintenance and/or improvements of the appearance.
"Applicant" means a person submitting an application for development.
"Application for development" means the application form and all accompanying documents required for approval of a subdivision plat, site plan, variance, or direction of the issuance of a permit.
"Authority" means the Fort Monmouth Economic Revitalization Authority established pursuant to 52:27I-18 et seq.
"Balcony" means a platform projecting from the wall of a building, supported by columns or console brackets, and enclosed with a balustrade.
"Basement" means a floor partially below grade level having one-half or more of its floor-to-ceiling height above grade and with a floor-to-ceiling height of not less than 6 1/2 feet.
"Building" means a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
"Building height" means the vertical distance as measured from the mean or average finished grade of the building to the highest point of the roof of the building but not including rooftop appurtenances. If the mean or average finished grade is three feet or more above existing grade then the measurement shall be taken from the existing grade.
"Build-to line" means the line at which construction of a building facade is to occur on a lot. A build-to line runs parallel to, and is measured from, the front property line and is established to create an even (or more or less even) building facade line on a street.
"Bulk and area-type variance" means variances other than use-type variances, described in 52:27I-34.d, to the extent permitted to be granted by planning boards pursuant to 40:55D-70.c.
"CAFRA" means the Coastal Area Facility Review Act, established pursuant to 13:19-1 et seq.
"Canopy" means a self-supporting roof-like shelter or marquee without sides, permanently affixed to the wall of a building and providing overhead protection from the weather at an entrance to a building, which shall be construed to be a part of the building to which it is affixed.
"Cartway" means the hard or paved area of a street between the curbs, including travel lanes and parking areas, but not including curbs, sidewalks, or swales. Where there are no curbs, the cartway is that portion between the edges of the paved width.
"Cellar" means a space with less than one-half of its floor-to-ceiling height above grade or with a floor-to-ceiling height of less than 6 1/2 feet.
"Child care center" means an establishment providing for the care, supervision, and protection of children that is licensed by the State of New Jersey pursuant to 30:5B-1 et seq.
"COAH" means the Council on Affordable Housing, established pursuant to the Fair Housing Act, 52:27D-301 et seq., or such future entity that assumes the legal responsibilities of implementing the Fair Housing Act.
"Conference center" means facilities for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health centers, and retail stores and services primarily for conference center guests.
"Construction official" means a host municipality official who is charged with administering the Uniform Construction Code.
"County" means Monmouth County.
"Cul-de-sac" means the turnaround at the end of a dead-end street.
"Day care center, family" means a private residence in which child care services are provided for a fee to not less than three and no more than five children at any one time for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services: the child being cared for is legally related to the provider; or the child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents where no payment for the care is being provided.
"Dead-end street" means a street or portion of a street, which is accessible by a single means of ingress or egress.
"Density" means the permitted number of dwelling units per gross area of land to be developed.
"Design exception" means permission to depart from the requirements of the design standards set forth in 19:31C-3.1 0 through 3.12.
"Designated redevelopment agreement" means the redevelopment agreement to be entered into by and between the Authority and the EDA as provided in the Fort Monmouth Economic Revitalization Authority Act for properties within the Fort Monmouth Project Area acquired by the Authority.
"Developer" or "redeveloper" means 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.
"Development" or "redevelopment" means 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, 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 subchapter.
"Development and design guidelines" means the development and design guidelines, as set forth in this subchapter as 19:31C-3.1 4 through 3.18, which shall apply to all applications for subdivision or site plan approval within the Fort Monmouth Project Area.
"Driveway" means a paved or unpaved area used for ingress or egress of vehicles and allowing access from a street to a lot, building, or other structure or facility.
"Easement" means a grant of one or more property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
"Ecological area" means a natural resource essential to the continued well-being of resident native wildlife such as wetlands and associated buffer areas, floodplains, vegetated riparian corridors, and forested areas.
"EDA" means the New Jersey Economic Development Authority, established pursuant to Section 4 of P.L. 1974, c. 80 (34:1B-1 et seq.).
"Elevation" means a vertical distance above or below a fixed reference level; or a fully dimensioned drawing of the front, rear, or side of a building showing features such as windows, doors, and relationship of grade to floor level.
"Enlargement" means an increase in the size of an existing structure or use including physical size of the property, building, parking, and other improvements.
"Existing grade" means the vertical location of the ground surface prior to excavating or filling.
"Family day care home" means any private residence approved by the Division of Child Protection and Permanency or an organization with which the Division contracts for family day care in which child care services are regularly provided to no fewer than three and no more than five children for no fewer than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services: the child being cared for is legally related to the provider; or the child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
"Fence" means a structure made of posts or stakes, joined together by boards, wire, or rails, serving as an enclosure, a barrier, or as a boundary.
"Final approval" means the official action of the planning board 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 guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
"Floor area, gross" means the sum of the gross horizontal areas of all floors of all enclosed floors of a building or structures, including cellars, basements, mezzanines, penthouses, corridors, lobbies, structured parking, and garages, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings, but excluding any space with a floor-to-ceiling height of less than six feet six inches.
"Floor area ratio" or "FAR" means the sum of the gross floor area of all floors of buildings or structures on a lot divided by the total area of the site.
"FMERA" means the Fort Monmouth Economic Revitalization Authority established pursuant to 52:27I-18 et seq.
"Fort Monmouth" means the Federally owned or operated military installation located in the municipalities of Eatontown, Oceanport, and Tinton Falls in the County that on May 13, 2005, was scheduled for closure by recommendation of the Federal Base Realignment and Closure Commission including any facilities, real property and improvements, infrastructure and appurtenances, and personal property. Fort Monmouth closed on September 15, 2011.
"Fort Monmouth Project Area" means the area encompassed by the metes and bounds of Fort Monmouth.
"Frontage" means that side of a lot abutting on a street; the front lot line.
"Garage" means a building or part thereof used as accessory to the main building, which provides for the storage of automobiles and in which no residential occupation, business, or service is carried on. A detached garage shall be defined as an accessory structure. An attached garage shall be part of the principal structure.
"Governing body" means the chief legislative body of a host municipality.
"Government agency" means any department, commission, independent agency, or instrumentality of the United States and of the State of New Jersey, including, but not limited to, FMERA and EDA, the County, and any Authority, district, or other governmental unit.
"Ground cover" means grasses or other plants and landscaping grown or placed to keep soil from being blown or washed away.
"Ground floor" means the first floor of a building other than a cellar or basement.
"Ground mounted solar array" means a solar energy system, as defined in this section that is mounted on armatures anchored to the ground with ground cover beneath.
"Health club" means establishments that provide facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers.
"Historic structure" or "historic resource" means properties within the Fort Monmouth Project Area identified in the Programmatic Agreement between U.S. Army and NJSHPO as "Buildings Required for Preservation" or "Select Historic Properties."
"Home occupation" means any activity carried out for gain by a resident and conducted in the resident's dwelling unit.
"Hospital" means any building containing beds for four or more patients and used for the diagnosis, treatment, or other care of human ailments.
"Host municipality" means the following boroughs in Monmouth County, New Jersey: the Borough of Eatontown, the Borough of Oceanport, and the Borough of Tinton Falls.
"Hotel" means a building providing temporary lodging to the general public, and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment facilities, personal services, health clubs, spas, and retail stores and services.
"Land" means ground, soil, or earth, including improvements and fixtures on, above, or below the surface thereof.
"Landscape" or "landscaping" means lawns, trees, plants, grass, and other natural materials such as rocks and woodchips, and decorative features, including sculpture, patterned walks, fountains, and pools.
"Loading space" means an off-street space or berth used for the loading or unloading of cargo, products, or materials from vehicles.
"Lot" means a designated parcel, tract, or area of land established by plat, or otherwise as permitted by law, and to be used, developed, or built upon as a unit.
"Lot area" means the total area within the lot lines of a lot not including any street rights-of-way.
"Lot, corner" means a parcel of land, either at the junction of and abutting on two or more intersecting streets, or abutting a single street at the point where the road tangents deflect by more than 45 degrees.
"Lot coverage" means the amount of land that is covered by buildings and other structures, parking areas, driveways, sidewalks, paving, patios, and other impervious surfaces.
"Lot line" means a line of record bounding a lot that divides one lot from another lot or from a public or private street right-of-way or any other public space.
"Lot line, front" means the lot line separating a lot from a street right-of-way.
"Lot line, rear" means the lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line of 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
"Lot line, side" means any lot line other than a front or rear lot line.
"LRHL" means the Local Redevelopment and Housing Law, 40A:12A-1 et seq.
"Major site plan" means any site plan that is not exempt from the requirement for site plan review and that is not classified as a minor site plan pursuant to this subchapter.
"Major subdivision" means all subdivisions that are not exempt from the requirement for subdivision approval and are not classified as minor subdivisions pursuant to this subchapter.
"Minor site plan" means a development plan for which site plan approval is required that is not exempt from the requirement for site plan approval pursuant to this subchapter, and that meets all of the following conditions: the development does not involve any new street or road, or any off-tract improvements; the development does not require the construction of drainage facilities; only exterior facade alterations to an existing building are proposed; less than 1,000 square feet of additional floor area is proposed in connection with an existing building; and fewer than 10 parking spaces is proposed.
"Minor subdivision" means all subdivisions that are not exempt from the requirement for subdivision approval pursuant to this subchapter, and which meet all of the following conditions: the subdivision will not create more than three lots, all of which front on an existing improved street and are adequately drained; and the subdivision does not involve any new street or road, or any off-tract improvements.
"MLUL" means the Municipal Land Use Law, 40:55D-1 et seq., as amended.
"Natural resources inventory" or "NRI" means FMERA's list of open spaces and other environmental features to be protected or preserved within the Fort Monmouth Project Area pursuant to the Reuse Plan, as such list may be modified or amended, pursuant to 19:31C-3.2 0(e).
"New street" means the construction of new street pavement and accompanying drainage facilities in locations where improved street(s) did not exist, including extended portion(s) of existing street(s). A "new street" does not include an existing street being widened, repaved, or undergoing other improvements or upgrading.
"NJDEP" means the New Jersey Department of Environmental Protection or its successor agency.
"NJSHPO" means the New Jersey State Historic Preservation Office within the State of New Jersey Department of Environmental Protection.
"Nonconforming structure/building" means a structure/building, the size, dimension, or location of which was lawful prior to the adoption, revision, or amendment of this subchapter, but fails to conform to the requirements of the development district in which it is located by reason of such adoption, revision, or amendment.
"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision, or amendment of this subchapter, but which fails to conform to the requirements of the development district in which it is located by reasons of such adoption, revision, or amendment.
"Office" means a room, group of rooms, or building used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment and where no manufacturing, assembling, or fabricating takes place.
"Office, medical" means offices including, but not limited to, medical, dental, and veterinary offices and clinics.
"Office, research and development" means an establishment engaged in industrial or scientific research and product design that primarily involves the use of computers and other related office equipment in an office setting. The facility may also include administrative services related to product design or sales. Such facilities may include "wet" labs or places with running water, gases, special ventilation devices, chemicals, special heating, and electrical or electronic equipment, or use of animals or human subjects under controlled conditions.
"Official zoning map" means the map or maps shown in Figures 3a and 3b in 19:31C-3.3 that delineate the boundaries of development districts and areas subject to a redevelopment plan duly adopted by a host municipality pursuant to the Local Redevelopment and Housing Law, 40A:12A-1 et seq., with the Authority's consent.
"On-site" means located on the lot in question and excluding any abutting street or right-of-way.
"Open space" means 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.
"Outdoor dining" means any part of a food establishment located outdoors, not used for any other purposes, and open to the sky, with the exception that it may have a retractable awning or umbrellas, and may contain furniture, including tables, chairs, railings, and planters that are readily movable.
"Outdoor storage" means the keeping in an unenclosed area of any goods, material, merchandise, or vehicles in the same place for more than 24 hours.
"Parcel" means a piece or area of land formally described and recorded with block and lot numbers, by metes and bounds, by ownership, or in such a manner as to specifically identify the dimensions and/or boundaries.
"Park, formal" means landscaped open spaces such as greens, squares, and linear parks.
"Parking area" or "surface parking" means any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of streets.
"Parking, shared" means joint utilization of a parking area for more than one use.
"Parking space" means a space for the off-street parking of one operable, licensed motor vehicle within a public or private parking area.
"Parking, structured" means a building or structure which may be located above or below ground, with stalls accessed via interior aisles, and used for temporary storage of motor vehicles. Structured parking can be a stand-alone use or a part of a building containing other uses.
"Passive open space" means open space areas consisting primarily of lawns, meadows, and other unstructured open space, and parade grounds.
"Patio" or "terrace" means a surface structure affixed to the ground throughout its area (such as poured concrete, brick, or flagstone) and having no portion supported by piers, columns, or posts and having no portion used for a parking space. A structure that is supported by piers, columns, or posts in any manner shall be considered a deck. Patios may abut a building or may be located separate from a building.
"Permit" means a building permit or other permit or certificate issued to perform work pursuant to approvals obtained pursuant to this subchapter.
"Permitted use" means any use which shall be allowed, subject to the provisions of this subchapter.
"Places of religious worship" means a building or structure, or groups of buildings or structures, that by design and construction is primarily intended for conducting organized religious services and associated accessory uses.
"Planning board" means the planning board of a host municipality.
"Porch" means a roofed open area that may be screened, attached to, or part of a building with direct access to or from it. A porch shall not be considered open if enclosed by either a permanent or detachable glass sash.
"Principal building" means a building in which is conducted the main use of the lot.
"Principal use" means the main purpose for which any lot, structure, and/or building is used.
"Programmatic Agreement" means the "Programmatic Agreement among the United States Army and the New Jersey State Historic Preservation Officer for the Closure and Disposal of Fort Monmouth, New Jersey" dated as of October 2009, as the same may be modified or amended.
"Prohibited use" means a use which is not permitted in this subchapter.
"Property" means a lot, parcel, or tract of land together with the building and structures located thereon.
"Recreation facility" means a place designed and equipped for the conduct of sports and leisure-time activities.
"Redevelopment" means the clearance, re-planning, development, and redevelopment; the conservation and rehabilitation of any structure or improvement; the construction and provision for construction of residential, commercial, industrial, public, or other structures or infrastructure; and the grant or dedication of spaces as may be appropriate or necessary in the interest of the general welfare for streets, utilities, parks, playgrounds, or other public purposes, including recreational and other facilities incidental or appurtenant thereto, in accordance with the approved Fort Monmouth Reuse and Redevelopment Plan submitted to the Federal government, with the intent of supporting the economic revitalization of the region.
"Redevelopment agreement" means agreement regarding redevelopment within the Fort Monmouth Project Area between the Authority and the redeveloper or between the EDA as designated redeveloper and the redeveloper. The redevelopment agreement between the host municipality and the redeveloper pursuant to the LRHL may also be the Redevelopment Agreement provided that the Authority or the EDA as designated redeveloper has entered into it. Unless otherwise stated in this subchapter, the term Redevelopment Agreement shall not include the designated redevelopment agreement between the EDA as designated redeveloper and the Authority.
"Residential, low density" means single-family detached, duplex (stacked vertically or side by side, in a detached structure), and townhouses (only one unit vertically, in attached structures providing up to eight units per structure).
"Residential, medium density" means stacked flats (two to three units stacked vertically, in attached structures providing up to eight horizontal stacks per structure, total of 16 to 24 units per structure). Apartment buildings with four or more units/building and with at least four units sharing each ground-level entrance.
"Residential, mixed-use" means dwelling units located in multi-story buildings, but only above the ground floor office or commercial uses.
"Residential Site Improvement Standards" or "RSIS" means the Statewide requirements for improvements made in connection with residential development, including streets and parking, water supply, sanitary sewers and stormwater management, set forth at N.J.A.C. 5:21.
"Restaurant, drive-thru" means any restaurant designed to permit or facilitate the serving of food or beverages directly to, or permitted to be consumed by, patrons in or on motor vehicles parking or stopped on the premises.
"Restaurant, fast food" means an establishment in which food is pre-prepared and sold over a counter in disposable containers or wrappers selected from a limited menu for consumption on or off the premises.
"Restaurant, full service" means an establishment in which the principal use is the service of preparing food and/or beverages for consumption on the premises. All service of prepared food and/or beverages for consumption shall require customers to order at a table, booth, or dining counter with service by the waiter or waitress at said table, booth, or dining counter. Restaurants may have a combination of seating options, including indoor, outdoor, both indoor/outdoor, or no seating. The establishment may have a separate area, or lounge, where alcoholic beverages are served without full food service, provided the area is accessory to the primary use in square feet or sales.
"Retail, convenience" means smaller-scale businesses selling primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.
"Retail, entertainment" means uses including bowling alleys, cinemas, and live performance theaters.
"Retail, lifestyle" means an unenclosed retail center featuring national specialty stores and restaurants (not drive-thru), with convenient and easily accessible parking and a pedestrian-friendly ambiance.
"Retail, specialty" means businesses selling a single category of merchandise or a number of closely related categories.
"Reuse Plan" means the Fort Monmouth Reuse and
Redevelopment Plan, a comprehensive conversion and revitalization plan and the
homeless assistance submission prepared and adopted by the Fort Monmouth
Economic Revitalization Planning Authority and submitted to the United States
Department of Defense and the United States Department of Housing and Urban
Development on September 4, 2008 pursuant to
section
"Right-of-way" means a strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar uses.
"Rooftop appurtenances" means the visible, functional, or ornamental objects accessory to and part of a building's rooftop including, but not limited to, chimneys; parapets or other ornamental features; and elevator equipment and mechanical utility equipment, and any associated screening or enclosures.
"Rooftop solar array" means a solar energy system, as defined in this section that is mounted to the roof of a building or structure.
"School" means any building or part thereof which is designed, constructed, or used for education of students up to and through the secondary level and licensed by the State of New Jersey.
"Screening" means a method of visually shielding or buffering one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
"Setback" means the required yard or distance between buildings and any lot line.
"Sidewalk" means a way for carrying pedestrian traffic located within the right-of-way provided for a street, or may be located along a primary entry drive.
"Sight triangle" means a triangular shaped portion of land established at intersections in accordance with the requirements of this subchapter in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct sight distance of motorists entering or leaving the intersection.
"Sign" means any device, fixture, placard, or structure that uses color, form, picture, display, graphic, illumination, symbol, or writing to advertise, attract attention to, announce the purpose of, or identify a person, entity, or thing, or to communicate any information to the public.
"Sign, awning" means a sign that is mounted, painted, or attached to an awning or other window or door canopy.
"Sign, billboard" means a commercial sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
"Sign, directional" means signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."
"Sign, directory" means a sign listing the tenants or occupants of a building or group of buildings and that may also indicate their respective professions or business activities.
"Sign, freestanding" means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
"Sign, ground-mounted" means any sign in which the entire bottom is in contact with the ground.
"Sign, identification" means a sign giving the nature, logo, trademark, or other identifying symbol; address; or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located.
"Sign, nameplate" means a sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
"Sign, permanent" means any sign that is painted directly on the window glass with permanent paint or that is mounted by bolts or screws, or otherwise in a permanent fashion, on a permanent structure.
"Sign, political" means a temporary sign announcing or supporting political candidates or issues in connection with any national, State, or local election.
"Sign, real estate" means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
"Sign, roof" means a sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top edge or roof line of a building with a flat roof, the eave line 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.
"Sign, temporary" means any sign designed or intended to be displayed for a short period of time.
"Sign, wall" means any sign attached parallel to, but within 15 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building.
"Sign, window" means any sign that is placed within 24 inches of a window or upon the window panes or glass and is visible from the exterior of the window.
"Site" means any lot or parcel of land or combination of contiguous lots or parcels of land.
"Site plan" means a development plan of one or more lots on which is shown: the existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes, and waterways; 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, and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to these rules or an ordinance requiring review and approval of site plans by a host municipality's planning board.
"Slope" means deviation of a surface from the horizontal, usually expressed in percent or degree.
"Small solar energy system" means a solar energy system, as defined in this section that is used to generate electricity, and has a nameplate capacity of 100 kilowatts or less.
"Small wind energy system" means a wind energy system, as defined in this section that is used to generate electricity; and has a nameplate capacity of 100 kilowatts or less.
"Solar energy system" means a solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water, or produces hot air or other similar function through the use of solar panels.
"Solar plates" means a structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
"Story" means 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" means the area under a sloping roof where the possible floor area with head room of five feet or more occupies no more than one-third of the floor area of the floor immediately below. Where the floor area with a floor to ceiling height in excess of five feet is more than one-third of the floor area immediately below, it shall count as a full story.
"Street" means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way that is an existing State, county, or municipal roadway, or that is shown upon a plat heretofore approved pursuant to law, or that is approved by official action, or that is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
"Street-facing setback" means a setback measured from a lot line that is shared with a street right-of-way.
"Structure" means a combination of materials to form a construction for occupancy, use, or ornamentation whether installed on, above, or below the surface of a parcel of land.
"Subdivision" means 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 term "subdivision" shall also include the term "resubdivision." The following shall not be considered subdivisions if no new streets are created: divisions of property by testamentary or intestate provisions; divisions of property upon court order, including, but not limited to, judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; or 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 zoning officer identified by law for this function, to conform to the requirements of these rules and are shown and designated as separate lots, tracts, or parcels on the tax map or atlas of the host municipality.
"Trespass light" means lighting from an adjacent property which exceeds 0.1 footcandle.
"Use" means the purpose or activity for which land or buildings are arranged, designed, or intended or for which land or buildings are occupied or maintained.
"Use-type variance" means the types of variances enumerated in 52:27I-34.e(1).
"Utility, private or public" means any agency that, under public franchise or ownership, or under certificate of convenience and necessity, or by grant of Authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection, or other similar service.
"Variance" means permission to depart from the literal requirements of 19:31C-3.3 through 3.9 adopted by the Authority.
"Warehouse" means any structure designed for, or used permanently for, the storage of goods and materials, light assembly, and distribution of materials.
"Wetlands" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
"Wind turbine" means equipment that converts energy from the wind into electricity. This term includes the rotor, blades, and associated mechanical and electrical conversion components necessary to generate, store, and/or transfer energy.
"Yard, front" means a space extending the full width of the lot between any building and the front lot line.
"Zoning board" means the zoning board of adjustment of a host municipality.
"Zoning officer" means the individual(s) employed by a host municipality who is responsible for reviewing applications for development for compliance with relevant development regulations.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.