This article may be known as and cited as "Definitions
Article of the Township of Manchester Municipal Land Use and Development
Regulations Chapter."
[Amended 3-23-1998 by Ord. No. 98-008; 2-22-1999 by Ord. No.
99-001]
For the purpose of this chapter, unless the
context clearly indicates a different meaning, the term "shall" indicates
a mandatory requirement, and the term "may" indicates a permissive
action. The terms used herein shall be defined pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) and noted as (MLUL) and the
New Jersey Pinelands Comprehensive Management Plan (N.J.S.A. 13:18A-1
et seq. and N.J.A.C. 7:50-1 et seq.) and noted as (Pinelands). For
applicable residential development, terms defined in accordance with
the New Jersey Residential Site Improvement Standards, N.J.S.A. 40:55D-40.1
and N.J.A.C. 5:21 et seq., effective June 3, 1997, shall be utilized
in conjunction with such regulations.
In the Pinelands Area and in the CAFRA Area, a structure
or use which:
Is subordinate to and serves a principal building
or a principal use, including but not limited to the production, harvesting,
and storage and washing, grading and packaging of unprocessed produce
grown on-site;
Is subordinate in area, extent and purpose to
the principal structure or principal building or a principal use served;
Contributes primarily to the comfort, convenience
or necessity of the occupants, business or industry of the principal
structure or principal use served; and
Is located on the same parcel as the principal
structure or principal use served, except as otherwise expressly authorized
by the provisions of this chapter and, in the Pinelands Area, the
provisions of the Pinelands Comprehensive Management Plan.
A change or minor addition to an existing previously approved
site plan, which are subject to the following:
[Added 12-13-2004 by Ord. No. 04-042]
Requires review by the Board; however, does
not require application for a minor site plan.
Is minor in nature and will not impact the original
intent of approval by the Board, layout, or function of the existing
infrastructure of the previously approved site plan.
The submission requirements of which do not
require a formal site plan submission (submission requirements pertaining
to detail and content to be determined by the Board Engineer).
Shall be, for the purpose of receiving applications, the
Board Secretary/Coordinator; for the purpose of assigning applications
to boards, completeness reviews and distribution of applications,
the Township Engineer; for the purpose of preparing a certified list
of property owners, the Tax Assessor; for the purpose of issuing certificates
as to approval of subdivision of land pursuant to N.J.S.A. 40:55D-68
and certificates of preexisting nonconformities pursuant to N.J.S.A.
40:55D-68, the Zoning Officer (in conjunction with any request for
a certificate as to approval of subdivision of land, the applicant
shall submit a copy of the filed map or deed to the Zoning Officer);
for the purpose of issuing default approvals pursuant to N.J.S.A.
40:55D-47, 40:55D-50 and 40:55D-76, the Township Administrator; for
the purpose of record keeping of minutes of meetings and making them
available to the public for the Planning Board, the Planning Board
Secretary; and for the Zoning Board of Adjustment, the Zoning Board
of Adjustment Secretary; and for all other purposes, the Township
Administrator or his designee.
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year-round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural processing
facilities such as a farm itself, nor facilities which are solely
processing facilities.
Residential dwellings for the seasonal use of employees of
an agricultural or horticultural use which because of their character
or location are not to be used for permanent housekeeping units and
which are otherwise accessory to a principal use of the parcel for
agriculture.
Any production of plants or animals useful to man, including
but not limited to: forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all of such animals;
bees and apiary products; fur animals; trees and forestry products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and green house products; or any land
devoted to and meeting the requirements and qualifications for payments
or other compensation pursuant to a soil conservation program under
an agency or the federal government.
A facility designed, constructed, and operated for the express
purpose of processing agricultural products grown in the Pinelands,
including washing, grading, and packaging of those products.
A use primarily devoted to the raising or production of crops,
livestock grazing, raising of hay for cows to produce milk and other
dairy products, raising of poultry and sale of chickens and eggs,
or growing of fruit.
As applied to a building or structure, shall mean a change,
rearrangement, or enlargement in the structural parts or in the existing
facilities, any conversion of a building or part thereof, or removal
of a building from one location or position to another, or demolition.
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater,
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 2-24-2003 by Ord.
No. 03-001; amended 12-10-2018 by Ord. No. 18-034]
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
A structure or use which:
That wildlife which is listed in N.J.A.C. 7:50-6.32.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
A request for a review of the Construction Official or Township Engineer interpretation of any provision of a request for a variance or interpretation of the delineation of a special flood hazard area in accordance with § 245-85, Flood damage prevention.
[Added 9-11-2006 by Ord. No. 06-020]
An individual or developer submitting an application for
development or other purpose.
(MLUL) The application form and all accompanying
documents required by this chapter for approval of a site plan, subdivision
plat, conditional use, planned development, zoning variance, or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
(Pinelands) In the Pinelands Area, an "application for development" shall mean any application filed with any permitting agency, for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 245-32B(1)(b) and N.J.A.C. 7:50-4.1(a).
[Amended 6-14-2010 by Ord. No. 10-012]
The authority designated by this chapter when acting pursuant
to the authority of N.J.S.A. 40:55D-1 et seq., and amendments thereto.
(MLUL) The official action of the approving
agency 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.
(Pinelands) In the Pinelands Area, "final approval"
shall mean any approval to develop issued by a local permitting agency,
including but not limited to final approval of major subdivisions
and site plans, approval of minor subdivisions, and the issuance of
zoning or construction permits.
(MLUL) The conferral of certain rights pursuant
to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49 prior to final approval
after specific elements of a development plan have been agreed upon
by the approval agency and the applicant.
(Pinelands) In the Pinelands Area, "preliminary
approval" shall mean any approval to develop issued by a local permitting
agency which is prerequisite to the issuance of a final approval by
that agency, including but not limited to preliminary approvals of
major subdivisions and site plans.
[Amended 6-14-2010 by Ord. No. 10-012]
The land in the floodplain within a community subject to
a 1% or greater chance of flooding in any given year.
[Added 9-11-2006 by Ord. No. 06-020]
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 12-12-2011 by Ord. No. 11-025]
A building or place where body or major repair work is performed
on motor vehicles.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
The flood having a 1% chance of being equaled or exceeded
in any given year.
[Added 9-11-2006 by Ord. No. 06-020]
A story of a building partly underground and having more
than 1/2 of its height below the average level of the finished grade
at the front of the building.
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 12-12-2011 by Ord. No. 11-025]
A mound of soil, either natural or constructed, used for
one or more of the following purposes: screen, buffer, separator,
landscape feature, noise attenuator, dam, or stormwater control.
A paved path five feet wide limited to bicycles. This may
also include a striped area along the edge of a road clearly indicating
the area for bicycles.
Any structure or portion thereof upon which advertisements
are used as an outdoor display not serving a business conducted on
the same building lot. This definition does not include any signs
used to display official court or government notices.
An agricultural crop, crop residue, or agricultural byproduct
that is cultivated, harvested, or produced on the farm and which can
be used to generate energy in a sustainable manner. (N.J.S.A. 4:1C-32.4)
[Added 12-12-2011 by Ord. No. 11-026]
A division of land containing one or more lots.
The Board established by N.J.S.A. 40:55D-1 et seq. and defined
in this chapter and N.J.S.A. 40:55D-1 et seq.
A wall that is 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.
[Added 9-11-2006 by Ord. No. 06-020]
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce aboveground shrub
cover, debris, leaf litter and humus without disturbance to mineral
soil horizons and associated roots.
[Added 12-12-2011 by Ord. No. 11-025]
A landscaped and/or natural area designed to act as a visual and/or sound screen between adjacent properties and as further defined in Article IV, Zoning, of this chapter.
(MLUL) A combination of materials to form a
structure adapted to permanent, temporary, or continuous occupancy,
and having a roof.
(Pinelands) Any structure, either temporary
or permanent, having a roof and designed, intended or used for the
sheltering or protection of persons, animals, chattel or property
of any kind.
The total area circumscribed by the outside dimensions on
a horizontal plane measured at the outermost perimeter of the structure
and all accessory buildings, exclusive of terraces or steps, having
a vertical face less than three feet above the level of the ground
from which the height of the building is measured.
The area of a lot covered by principal and accessory buildings
and other roofed areas and overhangs. Building coverage is expressed
as a percentage of lot area.
The vertical distance measured from the average
elevation of the proposed finished grade to the highest point of the
roof for flat roofs; to the deck lines of mansard roofs; and to the
mean height between eaves and ridge for gable, hip and gambrel roofs;
but in no event exceeding the height limitation of this chapter.
(Pinelands) The vertical distance from grade
to the highest point of the roof for flat roofs; to the deck line
for mansard roofs; and to the mean height between eaves and ridge
for gable, hip and gambrel roofs.
A structure, including tents, lunch wagons, trailers, dining
cars, camping vehicles, carports, canopies or other structures on
wheels or chassis, designed to be capable of being carried or transported
from place to place.[1]
A building or buildings in which is conducted the main or
principal use of the site on which it is situated.
A cable television company as defined pursuant to N.J.S.A.
48:5A-3.
The Coastal Area Facility Review Act in accordance with N.J.S.A.
13:19-1 et seq. and regulations promulgated in accordance with N.J.A.C.
7:7-E-1.1 et seq.
The diameter of a tree trunk measured in inches, four feet
above ground level.
Any person who occupies a campsite and shall
include any person who registers his or her party for the occupation
of a campsite or who otherwise assumes charge of, or is placed in
charge of a campsite.
(Pinelands) In the Pinelands Area, shall mean
a portable structure which is self-propelled or mounted on or towed
by another vehicle, designed and used for temporary living for travel,
recreation, vacation or other short-term uses. "Camper" does not include
mobile homes or other dwellings.
A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units of the general
public as temporary quarters for children or adults, or both, for
recreation, or vacation purposes.
A recreational vehicle that is mounted on wheels and constructed
with collapsible partial sidewalls that fold for towing and unfold
for use.
Includes any tent or recreational vehicle which is capable
of being temporally located on a campsite; or a cabin, lean-to, or
similar structure established or maintained and operated in a public
campground. The term "camping unit" shall not include any camping
unit kept by its owner on land occupied by him in connection with
his dwelling or any camping unit which is kept at a campground for
storage purposes only at a location reserved for the storage of such
camping units.
Includes any camp trailer, travel trailer or other unit built
or mounted on a vehicle or chassis, designed without permanent foundation,
which is used for temporary dwelling or sleeping purposes and which,
under the provisions of Title 39 of the Revised Statutes of New Jersey,
may be legally driven or towed by a passenger automobile on a highway.
A governmental acquisition of real property or a major construction
project.
A place of business for the sale of motor vehicles which
may be permitted on the same premises or immediately adjacent to an
automobile sales room.
The actual road surface area from curbline to curbline which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
That portion of a structure more than 1/2 below proposed
finished grade.
See N.J.A.C. 7:50-6.156 of the Pinelands Comprehensive Management
Plan.
See N.J.A.C. 7:50-4.11 through 4.27 of the Pinelands Comprehensive
Management Plan.
See N.J.A.C. 7:50-4.34 and 4.82 of the Pinelands Comprehensive
Management Plan.
An individual certificate issued by the Bureau of Inspections
upon completion of a project allowing occupancy of a building or unit
of a building.
A certificate, issued by the Bureau of Inspections, upon
completing of a particular building or unit within a building, which
certifies that the building or unit within a building together with
those improvements required to service that building or unit have
been completed in accordance with the requirements of this chapter
and whose effective period shall coincide with the developer's obligation
to complete all improvements related thereto in accordance with the
terms of this chapter; the purpose of such certificate shall be to
allow occupancy prior to the completion of all applicable improvements
as required by the approval agency.
Any county master plan or regulation certified by the Pinelands
Commission pursuant to N.J.A.C. 7:50-3, Part II, as being in conformance
with the minimum standards of the Pinelands Comprehensive Management
Plan.
Any municipal master plan or land use ordinance certified
by the Pinelands Commission pursuant to N.J.A.C. 7:50-3, Part IV,
as being in conformance with the minimum standards of the Pinelands
Comprehensive Management Plan.
[Amended 6-14-2010 by Ord. No. 10-012]
A change in use from that of one district classification
to another, in connection with alterations.
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 transhipment points pursuant
to N.J.S.A. 40:55D-3.
A system of local roads, collector roads and arterial roads
that constitute the circulation framework and the logical arrangement
for a particular development. Such a plan shall clearly indicate how
traffic will flow through a project and exit onto main roads, and
shall be of sufficient design standard to handle anticipated traffic
volumes. The volumes shall be presented in documented form. The circulation
plan shall also comply with all state, county or local road proposals
as indicated on the official Township master plan or other state or
county plans.
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clearcutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 12-12-2011 by Ord. No. 11-025]
A building or structure principally used to house any club,
lodge, fraternal, social, recreational, athletic, patriotic or civic
organization and their attendant activities, whether private or public.
See "development, cluster."
A facility where source-separated or co-mingled waste is
dropped off in a container and temporarily stored before transportation
to another waste management facility.
Actual construction on a parcel of land in accordance with
a permit issued by the applicable jurisdiction if the cost of the
physical improvements completed constitutes at least 25% of the projected
total cost of the development or the completion of all required foundations,
of a form and character such that the foundations are not usable for
any other form of development except that authorized by the issued
permit.
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. 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 pursuant to N.J.S.A. 40:55D-3.
A waste management facility which utilizes a controlled biological
process of degrading nonhazardous solid waste or sewage sludge. For
purposes of this definition, "composting facility" shall include a
co-composting facility which utilizes a controlled biological process
of degrading mixtures of nonhazardous solid waste, including sewage
sludge.
The Plan adopted by the Pinelands Commission pursuant to
Section 7 of the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq.,
as adopted.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
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 Article VIII, Conditional Use Permits, Procedures and Requirements, and upon issuance of an authorization by the approving agency.
A form of ownership in common with other such owners of a
parcel of land and certain parts of a multifamily residential or multiunit
nonresidential building thereon which would normally be used by all
of the occupants, such as yards, foundations, basements, floors, walls,
hallways, stairways, elevators and all other related common elements,
together with individual ownership in fee of a particular unit or
apartment in such building.
[Added 11-13-2017 by Ord.
No. 17-024]
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings or structures.
Nonhazardous solid waste building material and refuse resulting
from construction, remodeling, and repair operations on residences,
commercial buildings, pavements and other structures.
Lands shall be considered contiguous so long as said lands
are not separated by existing public streets, or railroad rights-of-way
presently used; provided, however, that where an applicant is able
to demonstrate to the satisfaction of the approving authority that
the lands so separated lend themselves to an integrated community
plan, without any substantial detriment to the public health, safety
or welfare, the approving agency may waive the contiguity requirement.
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit; provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way, and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
A development other than a planned development.
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 12-12-2011 by Ord. No. 11-025]
A composite of the Master Plan for the physical development
of Ocean County, with the accompanying maps, plats, charts and descriptive
and explanatory matter, adopted by the Ocean County Planning Board
pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.
The Planning Board of Ocean County.
A street with a single means of ingress and egress and having
a turnaround, the design of which may vary.
(MLUL) Calendar days in accordance with N.J.S.A.
40:55D-4.
(Pinelands) In the Pinelands Area, for development
applications to the Pinelands Commission, "day" means, for purposes
of computing time limits, a calendar day; provided, however, that
should the last day of a specified time limit be a Saturday, Sunday
or holiday, then the time limit shall extend until the next working
day following said Saturday, Sunday or holiday.
The magnitude of a flooding event that a facility is designed
to accommodate. This event can also be used as a basis of a water
surface elevation, or the delineation of a floodway and flood hazard
area.
A stormwater management basin or alternative structure designed
to temporarily retain stormwater runoff.
Land that is suitable for the development of buildings and structures without disrupting environmentally sensitive features or other areas restricted by deeds, easements, or other covenants which prohibit or restrict development. For the purposes of this definition, environmentally sensitive features shall include freshwater wetlands, floodplains, and steep slopes of 15% or greater. This definition shall apply only to § 245-31S.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
The legal or beneficial owner or owners of a lot or 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.
[Amended 9-11-2006 by Ord. No. 06-020; 6-14-2010 by Ord. No.
10-012]
(MLUL) Any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials located within the
area of special flood hazard.
[Amended 9-11-2006 by Ord. No. 06-020]
(Pinelands) The change of or enlargement of
any use or disturbance of any land, the performance of any building
or mining operation, the division of land into two or more parcels,
and the creation or termination of rights of access or riparian rights,
including, but not limited to:
A change in type of use of a structure or land.
A reconstruction, alteration of the size, or
material change in the external appearance of a structure or land.
A material increase in the intensity of use
of land, such as an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land.
Commencement of resource extraction, drilling
or excavation on a parcel of land.
Commencement of forestry activities.
Demolition of a structure or removal of trees.
Deposit of refuse, solid or liquid waste or
fill on a parcel of land.
In connection with the use of land, the making
of any material change in noise levels, thermal condition or emissions
of waste material.
Alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
Any approval granted by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4, Part II, Part III or Part IV.
A development of residential dwellings which will preserve desirable open spaces, conserve floodplains and wetlands, provide open space, recreational parks, and lands for other public or quasi-public purposes, compatible with residential uses, by permitting a reduction of lot size, and the application of certain other regulations hereinafter stated, without increasing the number of lots, i.e., the gross density, the total areas to be developed as more accurately defined in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
Any development other than major development.
Any development by a public agency.
The Manchester Township Municipal Land Use and Development
Regulations Chapter, official map ordinance, or other municipal regulation
of the use and development of land, or amendment thereto.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to Manchester Township.
[Added 9-11-2006 by Ord. No. 06-020]
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 12-12-2011 by Ord. No. 11-025]
The taking of water from a river, stream, lake, pond, aquifer,
well, other underground source, or other waterbody, whether or not
the water is returned thereto, consumed, made to flow into another
stream or basin, or discharged elsewhere.
[Added 4-22-2024 by Ord. No. 24-16]
A public or privately owned treatment works that processes
primarily domestic wastewater and pollutants.
Wastewater which results from the discharge of household,
commercial or other wastes from bathrooms, toilet facilities, home
laundries and kitchens.
The removal of surface water or groundwater by drains, grading
or other means, including 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 nonpoint
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.
A man-made or natural water collector facility, designed
to collect and control surface and subsurface water so as to impede
and gradually release the flow into natural or man-made outlets, (i.e.,
storm sewer system or stream) at a rate not greater than the flow
prior to the development of the property.
The Master Storm Drainage Plan formally adopted by the Manchester
Township Council providing for an overall scheme to deal with stormwater
runoff, including any improvements for same.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
Placer mining operations to recover minerals with the use
of a dredge boat or sluice washing plant whether fed by bucket lines
as a part of said dredge or by separate dragline or other supply capable
of moving at least 500 cubic yards of earth material per day.
An establishment which accommodates the patrons' automobiles,
from which the occupants may receive a service or obtain a product
which may be used or consumed, in the vehicles on the same premises.
A defined improved surface designed primarily for vehicular
access from one or more buildings to a street. A driveway is not a
road, street, boulevard, highway or parkway.
A silvicultural practice involving the drawing of a large
cylindrical drum with cutting blades mounted parallel to its axis
across a site to break up slash, crush scrubby vegetation prior to
burning or planting or to chop up and disturb the organic turf and
roots in the upper foot of soil.
[Added 12-12-2011 by Ord. No. 11-025]
Any structure or portion thereof which is designed or used
for residential purposes.
In the Pinelands Area and in the CAFRA Area, any room or
group of rooms located within a structure forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking, eating and sanitation by one family. "Dwelling
unit" shall include each separate apartment or unit where one or more
individuals reside within an assisted-living facility or assisted-living
residence and each room, apartment, cottage or other area within a
continuing care retirement community set aside for the exclusive use
or control of one or more individuals constituting a household unit.
[Amended 12-17-2001 by Ord. No. 01-034]
A dwelling unit located within a detached building designed
for or occupied exclusively by one family and having no walls in common
with any adjacent house or houses.
A building containing two dwelling units only, and designed
for occupancy by two families only, living independently of each other.
A building or group of buildings containing separate dwelling
units for three or more families but which may have joint services
or facilities or both.
All electric lines other than electric transmission lines.
Electric lines which are part of an electric company's transmission
and subtransmission system, which provide a direct connection between
a generating station or substation of the utility company and:
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating-current
or, consistent with fast-charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
[Added 6-13-2022 by Ord. No. 22-15]
A nonbasement building:
[Added 9-11-2006 by Ord. No. 06-020]
Built, in the case of a building in an area
of special flood hazard, to have the top of the elevated floor elevated
above the ground level by means of piling, columns (posts and piers),
or shear walls parallel to the flow of the water; and
Adequately anchored so as not to impair the
structural integrity of the building during a flood up to the magnitude
of the base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters.
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
A report consisting of text and maps and other graphic material
which assesses the effect of a proposed project on the environment.
This report shall be prepared in compliance with the regulations of
the Township of Manchester governing environmental impact statements.
An environmental assessment shall be deemed to be an environmental
impact statement for the purposes of this chapter.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The process of the gradual wearing away of land masses.
[Added 9-11-2006 by Ord. No. 06-020]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A deed, bond, money, or piece of property delivered to a
third person, to be delivered by him to the grantee only upon fulfillment
of a condition.
Underground gas, electrical, telephone, telegraph, sanitary
sewer collection systems, or water transmission or distribution systems,
including mains, drains, sewers, pipes, conduits, cables, and normal
aboveground appurtenances such as fire alarm boxes, police call boxes,
light standards, poles, traffic signals, and hydrants, and other similar
equipment and accessories in connection therewith, reasonably necessary
for the furnishing of adequate service by public utilities or municipal
or other government agencies for the public health or safety or general
welfare. "Essential services" shall not be deemed to include wireless
telecommunications towers and antennas.
The Federal Aviation Administration.
The Federal Communications Commission.
The value of a parcel based on what a willing buyer will
pay a willing seller in an arms-length transaction for the parcel
if no waiver of strict compliance is approved. For undersized lots,
the determination of fair market value shall include consideration
of the extent to which the parcel would contribute to the value of
a developable parcel if combined with one or more parcels.
For the purposes of defining a single-family
dwelling, shall consist of persons occupying no more than one nonprofit
bona fide housekeeping unit per dwelling. The number of persons occupying
such housekeeping unit is to be a reasonable number with consideration
given to the size and living space of the particular dwelling and
the bathroom facilities available to it, and is to be distinguished
from a group occupying a boarding house, lodging house, club, fraternity
or hotel.
(Pinelands) In the Pinelands Area, one or more
persons related by blood, marriage, adoption or guardianship, or any
number of persons not so related occupying a dwelling unit and living
as a single housekeeping unit.
Section 502 of the National Parks and Recreation Act of 1978
(P.L. 95-625) creating the National Pinelands Reserve.
The Federal Emergency Management Agency.
[Added 9-11-2006 by Ord. No. 06-020]
A structure forming an enclosure or barrier for an open area
and designed to prevent straying from within or intrusion from without
said enclosure or barrier for the purposes of assuring privacy constructed
of wood, masonry, stone, wire or any other manufactured material or
combinations of materials.
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 guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
[Added 9-11-2006 by Ord. No. 06-020]
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
[Added 9-11-2006 by Ord. No. 06-020]
The area of relatively flatland adjoining a
watercourse and subject to flooding from an overflow of said watercourse,
due to the intensity of a one-hundred-year storm. Lands so mapped
pursuant to the U.S. Department of Housing and Urban Development,
Federal Emergency Management Agency (FEMA) Flood Management Program
shall rebuttably be presumed to be floodplains.
(Pinelands) In the Pinelands Area, the relatively
flat land adjoining the channel of a natural stream which has been
or may be hereafter covered by floodwater.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose regulations such as a floodplain,
grading and erosion control regulations and other applications of
the police powers of the Township. The term describes such state or
local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
[Added 9-11-2006 by Ord. No. 06-020]
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of undermining caused by waves
or currents of water exceeding anticipated cyclical levels or suddenly
caused by unusually high water level in a natural body of water, accompanied
by a severe storm, or by unanticipated force of nature, such as a
flash flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding.
[Added 9-11-2006 by Ord. No. 06-020]
The operation of an overall program of corrective and preventive
measures for reducing flood-related erosion damage, including but
not limited to emergency preparedness plans, flood-related erosion
control works, and floodplain management regulations.
[Added 9-11-2006 by Ord. No. 06-020]
A land area adjoining the shore of a lake or other body of
water, which due to the composition of the shoreline or bank and high
water levels or wind-driven currents, is likely to suffer flood-related
erosion.
[Added 9-11-2006 by Ord. No. 06-020]
The channel of a river or other watercourse 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.
[Added 9-11-2006 by Ord. No. 06-020]
The sum of the gross horizontal areas of the several floors
of the building, measured from the exterior faces of exterior walls
or from the center line of walls separating two buildings. In particular,
the floor area of a building shall include:
Basement space in commercial buildings; provided
same has a ceiling height of seven feet or more.
Stairwells.
Attic space, whether or not a floor has actually
been laid; however, just the area directly under a headroom of seven
feet or more.
Enclosed porches.
First-floor areas shall have a clear height
of at least seven feet three inches and shall not be more than three
feet below the proposed average ground level, providing that the first
floor elevation is a minimum of 1 1/2 feet above the center line of
the street.
Second-floor areas shall be considered as floor
area only where the side walls are at least four feet in height over
a finished floor and reach a ceiling height of at least seven feet
or more.
Split-level dwellings shall be considered as
one-story or ground-level dwellings unless a third level is constructed.
To be considered a split-level dwelling, a building shall contain
three or more floor levels each separated from the adjoining floor
level from a vertical distance or more than one foot three inches,
but less than seven feet.
Accessory buildings including garages shall
not be included in computing minimum floor area.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
Architectural drawings showing floor layout and front, side
and rear view, prepared during early and introductory stages of the
design of a project illustrating in a schematic form its scope, scale
and relationship to its site and immediate environs.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 12-12-2011 by Ord. No. 11-025]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Amended 12-12-2011 by Ord. No. 11-025]
A plan detailing forestry management programs in accordance
with the provisions of N.J.A.C. 7:50-4.2(b)6ii.
A building or space used for storing motor vehicles as an
accessory to the main building and in which no occupation, business
or service for profit is carried on.
A building or space other than a private garage which is
used for storage, repair, rental, greasing, servicing, adjusting or
equipping of automobiles, or other motor vehicles.
One or more two- or three-story, multifamily residential
structures developed as a single development with shared common areas
and facilities, including off-street parking, recreation and open
space. Garden apartments may be either rental units or condominiums,
whereby ownership of common areas is through homeowner associations.
[Added 11-13-2017 by Ord.
No. 17-024]
Any area of land, including structures thereon, that is used
for the retail sale of gasoline or other vehicle fuel, oil or lubricating
substance, batteries, tires and automobile accessories and which may
include the facilities for polishing, greasing, washing, dry cleaning
or otherwise cleaning or servicing motor vehicles, and which provides
minor automobile services and repairs, not amounting to rebuilding
or major repairs.
A comprehensive plan for the development of a planned development,
as provided in N.J.S.A. 40:55D-45.2.
An area of 50 or more contiguous acres containing a full-size
golf course at least nine holes in length, together with the necessary
and usual accessory uses and structures such as, but not limited to,
club house facilities, dining and refreshment facilities, swimming
pools, tennis courts and the like, provided that the operation of
such facilities is incidental and subordinated to the operation of
the golf course; provided, however, that this definition shall not
apply to smaller golf facilities which are amenities serving residential
developments.
The Township Council of the Township of Manchester.
The inclination of a sloping surface, usually expressed in
percentage terms.
The elevation of the completed surface of lawns, walks and
roads brought to grades shown on official plans or designs relating
thereto, or already in existence.
A curb constructed of rectangular-shaped stone or granite
blocks, usually placed vertically in a concrete foundation.
Any sign supported by either uprights affixed to the ground
or supported by a base affixed to the ground.
A silvicultural practice whereby a group of trees is periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 12-12-2011 by Ord. No. 11-025]
A shallow channel, usually set along a curb or the pavement
edge of a road, for purposes of catching and carrying runoff water.
The natural environment of an individual animal or plant,
population or community.
Such elements, compounds and substances which pose a present
or potential threat to human health, living organisms or the environment.
They consist of all hazardous or toxic substances defined as such
by the Department of Environmental Protection and the Environmental
Protection Agency as of May 20, 1996 and any other substances defined
as hazardous or toxic by the Department of Environmental Protection
and the Environmental Protection Agency subsequent to May 20, 1996.
Any waste or combination of wastes, including toxic, carcinogenic,
corrosive, irritating, sensitizing, radioactive, biologically infectious,
explosive or flammable waste, which poses a present or potential threat
to human health, living organisms or the environment. They consist
of all hazardous wastes defined as such by the Department of Environmental
Protection and the Environmental Protection Agency as of May 20, 1996
and any other wastes as defined as hazardous by the Department of
Environmental Protection and the Environmental Protection Agency subsequent
to May 20, 1996.
See "building height."
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 9-11-2006 by Ord. No. 06-020]
(MLUL) One or more historic sites and intervening
or surrounding property significantly affecting or affected by the
quality and character of the historic sites or site pursuant to N.J.S.A.
40:55D-4.
(Pinelands) An area designated by the Pinelands
Commission, pursuant to Section 6-1403 of the CMP (Comprehensive Management
Plan pursuant to N.J.A.C. 7:50), as having such historic or prehistoric,
cultural or archaeological importance as to merit special protection.
The Planning Board of the Township of Manchester unless a
Historic Preservation Commission is otherwise designated by ordinance
in accordance with N.J.S.A. 40:55D-107.
Any site, building, area, district, structure or object important
in American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archeological, cultural, scenic or architectural significance pursuant
to N.J.S.A. 40:55D-5.
An activity for economic gain, carried out in a residential
dwelling or accessory structure thereto, in which an occupant of the
residence and no more than two other individuals are employed and
which is clearly secondary to the use of the dwelling as a residence.
A building or series of buildings primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the buildings such related facilities as laboratories,
outpatient departments, training facilities, central service facilities
and staff offices. The definition "hospital" shall not include nursing
homes, outreach centers, and the like.
Any hazardous waste material derived from households, including
single-family and multifamily residences, hotels and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds and day-use
recreation areas.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
[Added 4-22-2024 by Ord. No. 24-16]
Any plant growing in water or in substance that is at least
periodically deficient in oxygen as a result of excessive water content.
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 12-10-2018 by Ord. No. 18-034]
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Amended 12-12-2011 by Ord. No. 11-025]
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater, directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in urban areas by
the United States Department of Agriculture, Natural Resources Conservation
Service, Title 210, Engineering; 210-3-1; Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
[Amended 12-12-2011 by Ord. No. 11-025]
The area of a lot for the placement of principal and accessory
buildings, off-street parking lots, and off-street loading areas which
is located within the building envelope delineated by the required
yards or buffers of the zone district for principal structures and
which is not encroached upon by a critical area or an existing or
proposed public right-of-way. The exclusion of wetlands and any required
wetlands transition area from the improvable lot area requirement
shall be subject to preemption with respect to permits or exemptions
issued by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:7A et seq., Freshwater Wetlands Protection Act Rules.
[Amended 7-25-2005 by Ord. No. 05-043;[2] 12-12-2011 by Ord. No. 11-025; 2-27-2012 by Ord. No.
12-008; 9-8-2014 by Ord. No. 14-017; 7-13-2015 by Ord. No. 15-008]
Age-restricted (55 years and older) multifamily rental properties
with a central dining facility that provides residents access to meals
as part of their monthly fee (rent). Other services may include housekeeping,
linen service, hair/nail salon, bank and transportation, as well as
social (i.e., theater) and fitness/recreational activities. It does
not include the direct provision of any health care services requiring
state licensure.
[Added 12-10-2018 by Ord.
No. 18-032]
A silvicultural practice whereby single trees are periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 12-12-2011 by Ord. No. 11-025]
A planned organized industrial area with comprehensive design
for industrial buildings, utilities and street access which is systematically
subdivided according to the needs of the tenants and contains more
that two separate buildings, either individually owned or leased,
occupied by acceptable manufacturing or industrial enterprises.
Any land use for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities such as libraries, galleries, museums, concert
halls, theaters and the like; churches; cemeteries; public office
buildings; hospitals, including such educational, clinical, research
and convalescent facilities as are integral to the operation of the
hospital; medical and health service facilities, including nursing
homes, rehabilitation therapy centers and public health facilities;
law enforcement facilities; military facilities; and similar facilities.
For purposes of this chapter, "institutional use" shall not include
medical offices which are not associated with hospitals or other medical
or health service facilities, nor shall it include assisted-living
facilities.
[Amended 12-17-2001 by Ord. No. 01-034]
Organizations and associations and their buildings which
are not operated for profit and which meet for social purposes or
some other common interest for pleasure such as assemblage for religious
worship and instruction, pursuit of literature, science or politics,
brotherhoods, orders and/or societies which promulgate good fellowship
and acts of kindness and which perform a social service in providing
care and living accommodations for their own members or special groups
in society, such as homes for the aged and orphanages.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under N.J.S.A. 40:55D-1 et seq. or under any other law
of this state or of the United States, has been denied, violated or
infringed upon by an action or a failure to act under N.J.S.A. 40:55D-1
et seq.
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under the CMP (Comprehensive
Management Plan pursuant to N.J.A.C. 7:50), or whose right to use,
acquire or enjoy property under the CMP or under any other law of
this state or of the United States has been denied, violated or infringed
upon by any action or a failure to act under the CMP (Comprehensive
Management Plan pursuant to N.J.A.C. 7:50 et seq.).
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., to govern
the review of applications from the adoption of the regulations until
the Pinelands Comprehensive Management Plan took effect on January
14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1
et seq.
The use of any lot or structure for junk, abandoned, discarded
or salvaged materials (metal, paper, rags, waste, or glass) which
are brought for sale, exchange, handling, storage, salvage, bailing
or dismantling. "Junk" shall also be construed to include automobile
and other motor vehicle wrecking, cars and parts, storage and sale.
Any county or municipal ordinance or regulation which, in
any way, regulates or affects the development of land.
A site where any waste is disposed of by application on or
into the land, with or without the use of management practices or
soil covering. It does not include a site where land application of
waste or waste derived material occurs in accordance with N.J.A.C.
7:50-6.79.
The installation of plant material or seed as part of development.
Pipes conducting sewage from individual buildings to larger
pipes called trunk, or interceptor, sewers that usually are located
in street right-of-way.
A use of land, building or structure, or portion thereof,
that is permitted under all relevant local, state and federal land
use, nuisance and environmental statutes.
For the purposes of the CMP (Comprehensive Management Plan
pursuant to N.J.A.C. 7:50), "leachate collector" shall have the meaning
attributed to the phrase by, and each such "leachate collector" shall
conform to, the requirements of the New Jersey Solid Waste Administration.
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point-to-point communication, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
Any county or municipal official, department, agency or other
body authorized to rule on any application for development.
An individual with experience in municipal land use and environmental
permitting procedures and the Pinelands development review process
who is designated by a certified municipality to administer the review
procedures set forth in N.J.A.C. 7:50-4.34(b).
Any sewerage authority created pursuant to the Sewerage Authorities
Law, N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant
to the Municipal and County Utilities Authorities Law, N.J.S.A. 40:14B-1
et seq.; or any utility, authority, commission, special district or
other corporate entity not regulated by the Board of Regulatory Commissioners
under Title 48 of the Revised Statutes that provide gas, electricity
heat, power, water or sewer service to a municipality or the residents
thereof.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
The size of a lot measured within the lot lines and expressed
in terms of acres, hectares, square feet or square meters, but excluding
that part of a lot included within a street right-of-way.
A parcel of land at the intersection of and fronting on two
or more streets.
The surface area of a lot covered by principal buildings
and structures and by accessory buildings or structures and shall
include all parking areas, automobile access driveways, and/or storage
areas, whether or not covered by an impervious surface, and all other
impervious surfaces. Lot coverage is expressed as a percentage of
gross lot area.
A mean horizontal distance between the front and rear lot
line, measured in the general direction of its side lot line, provided
that in triangular lots having no rear lot line, the distance shall
be measured to the midpoint of a line parallel to the front lot line
which shall be not less than 10 feet in length measured between its
intersection with the side lot lines. On a corner lot, the greater
frontage is its depth and the lesser frontage is its width.
The distance measured on a horizontal plane between the side
lot lines measured along the street line. The minimum lot frontage
shall not be less than the required lot frontage except that on curved
alignments with an outside radius of less than 500 feet, the minimum
distance between the side lot lines measured at the street line shall
not be less than 70% of the required minimum lot frontage. Where the
lot frontage is so permitted to be reduced, the lot width at the building
setback line shall not be less than the required minimum frontage
of the zone district. For the purpose of this chapter, only continuous
uninterrupted lot lines shall be accepted as meeting the frontage
requirements.
[Amended 11-28-2005 by Ord. No. 05-053]
The mean horizontal distance between the side lot lines measured
at right angles to its depth. Required lot width shall be measured
at the most forward allowable building line or setback line. However,
the mean lot width shall not be less than the required lot width.
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs and occupied or reserved for occupancy by households
with a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing
region (as defined by the New Jersey Council on Affordable Housing)
in which the housing is located. (Manchester Township is located in
COAH Housing Region No. 4, consisting of Ocean, Monmouth and Mercer
Counties.)
[Amended 11-28-2005 by Ord. No. 05-053]
The lowest floor of the lowest enclosed area, including a
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 applicable nonelevation design requirements.
[Added 9-11-2006 by Ord. No. 06-020]
In any system of contiguous piping, the principal artery
of the system to which branches may be connected.
Any security which may be accepted by Manchester Township
for the maintenance of any improvements required by N.J.S.A. 40:55D-1
et seq., including but not limited to surety bonds, letters of credit
under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
Any site plan not classified as a minor site plan or exempt
site development.
A solar energy system and all associated components, including
but not limited to panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function that is not a minor
solar or photovoltaic energy facility or structure.
[Added 12-12-2011 by Ord. No. 11-026]
See "subdivision, major."
An inspection chamber located at changes in horizontal and
vertical directions for underground utility conduits whose dimensions
allow entry, exit, and working room.
A housing unit defined in accordance with N.J.S.A. 40:55D-102c.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreation vehicle."
[Added 9-11-2006 by Ord. No. 06-020]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale. (Also see "new manufactured
or mobile home park or subdivision.")
[Added 9-11-2006 by Ord. No. 06-020]
See "Official Map."
A composite of one or more written or graphic proposals for
the development of the Township as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
That portion of a divided highway separating the traveled
ways of traffic proceeding in opposite directions.
The median of household income as determined from time to
time by the United States Department of Housing and Urban Development
to be the median.
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
[Added 12-12-2011 by Ord. No. 11-026]
A household with an annual income between 100% and 120% of
the median income for the county or standard metropolitan statistical
area.
A development plan for one or more lots which is (are) subject
to development which:
Requires site plan approval;
Meets the requirements set forth in Article VI, Site Plan Requirements and Procedures, of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
Meets the following conditions:
The construction of drainage facilities is not
required either on- or off-site;
New building construction and/or building additions
do not exceed 1,000 square feet of gross floor area;
The proposed development does not increase parking
requirements by more than five spaces;
The proposed development does not involve planned
development;
The proposed development does not involve any
new street or the extension of any existing street;
The proposed development does not involve the
extension or construction of any off-tract improvement, the cost of
which is to be prorated pursuant to N.J.S.A. 40:55D-42; and
The proposed development does not involve the
disturbance of 5,000 or more square feet of ground area.
A solar energy system and all associated components, including
but not limited to panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function that:
[Added 12-12-2011 by Ord. No. 11-026]
Uses solar energy as its fuel; is located on the power beneficiary's
premises; is designed and intended primarily to offset part or all
of the beneficiary's requirements for energy consumption on site;
and is secondary to the beneficiary's use of the premises for other
lawful purpose(s); or
Is intended to mitigate electrical system improvement requirements;
and
Generates not more than 110% of the power consumed by the beneficiary's
premises, which shall be documented through the submission of power
company electricity usage bills for the 12 months prior to the date
of application, or another form of documentation acceptable to the
Manchester Township Zoning Officer. This documentation shall be provided
at the time of application.
See "subdivision, minor."
The integration of multifamily residential dwellings with
commercial uses allowing residential apartments above a ground floor
shopping plaza.
[Added 11-13-2023 by Ord. No. 23-41]
The development of a tract of land, building, or structure
with a variety of complementary and integrated uses, such as but not
limited to: townhouses, multifamily residential dwellings, mixed use
buildings, and commercial uses.
[Added 11-13-2023 by Ord. No. 23-41]
The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A dwelling unit factory built and factory assembled, designed
for conveyance after fabrication, on streets and highways on its own
wheels or on a flatbed or other trailer and arriving on site where
it is to become a dwelling complete and ready for occupancy except
for minor incidentals including utility hookups. A prefabricated home
shall not be included in this definition.
A housing unit defined in accordance with N.J.S.A. 40:55D-102d.
A household with an annual income which is 80% to 100% of
the median income for the county or standard metropolitan statistical
area.
Housing affordable according to Federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs and occupied or reserved for occupancy by households
with a gross household income equal to more that 50% but less than
80% of the median gross household income for households of the same
size within the housing region (as defined by the New Jersey Council
on Affordable Housing) in which the housing is located. (Manchester
Township is located in COAH Housing Region No. 4, consisting of Ocean,
Monmouth and Mercer Counties.)
[Added 11-28-2005 by Ord. No. 05-053]
A building containing units used, rented or hired out to
be occupied for sleeping purposes by guests and where no individual
kitchen facilities are provided.
A recreational vehicle built on or permanently attached to
a self-propelled chassis, chassis cab or van that is an integral part
of the completed vehicle.
A low curb with a flat slope designed to be crossed easily.
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing, hold the soil in place,
and aid plant growth.
A composite of one or more written or graphic proposals for
development of the municipality as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
A person who is domiciled in the Township of Manchester.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 12-12-2011 by Ord. No. 11-025]
Water capable of being traversed by pleasure crafts.
The New Jersey Administrative Code.
The New Jersey Statutes Annotated.
Title 40, Chapter 55D-1 et seq., the Municipal Land Use Law,
of the New Jersey Statutes adopted as Chapter 291 of the Laws of 1975,
as amended.
Structures for which the start of construction commenced on or after the effective date (October 10, 2006) of § 245-85, Flood damage prevention, and includes any subsequent improvements to such structures.
[Added 9-11-2006 by Ord. No. 06-020]
A manufactured or mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured or mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date (October 10, 2006) of § 245-85, Flood damage prevention.
[Added 9-11-2006 by Ord. No. 06-020]
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 reasons 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 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 the zoning provisions of this chapter, 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
pursuant to N.J.S.A. 40:55D-5.
The use of water diverted from surface or groundwaters in
such a manner that at least 90% of the diverted water is returned
to the source surface or groundwater at or near the point from which
it was taken.
[Added 4-22-2024 by Ord. No. 24-16]
A building or series of buildings or institution used for
the reception or care of persons who are dependent or not capable
of properly caring for themselves because of age, medical or other
physical disability, and shall include institutions for convalescence
or medical patient aftercare. Nursing homes may include provisions
for medical care for sick or injured persons as part of rehabilitative
care for boarders.
A map adopted in accordance with N.J.S.A. 40:55D-32.
Located outside the lot lines of the lot in question but
within the property which is the subject of a development application
or the closest half of the street or right-of-way abutting the property
of which the lot is a part.
A sign which 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.
A storage area for a motor vehicle that is directly accessible
to an access aisle and that is not located within a dedicated street
right-of-way.
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
Located on the lot in question and excluding any abutting
street or right-of-way.
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
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 designated
to be incidental to the natural openness of the land.
The individual, firm, association, syndicate or copartnership
or corporation in whom is vested the title of the property which is
the subject of an application to commence and maintain proceedings
to obtain approval under this chapter.
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established. (See also "lot.")
Any lot which is devoted to the parking of automobiles for
a fee.
An off-street space available for the parking of a motor
vehicle exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of the property and
government agencies entitled to notice under N.J.S.A. 40:55D-12.
See "interested party."
A level paved surface normally or customarily used as an
exterior sitting area and having no integral structural connection
to any building.
A test designed to determine the ability of ground to absorb
water and used in determining the suitability of a soil for drainage
or for the use of a septic system.
Any security, which may be accepted by the Township, including,
but not limited to, surety bonds, and letters of credit under the
circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 12-12-2011 by Ord. No. 11-025]
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
Any surface that permits a significant portion of surface
water to be absorbed.
The Pinelands National Reserve and the Pinelands Area.
That area designated as such by Section 10(a) of the Pinelands
Protection Act, N.J.S.A. 13:18A-1 et seq.
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq.
The plan adopted by the Pinelands Commission pursuant to
Section 7 of the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq.,
as adopted.
The agency responsible from February 8, 1979 until June 28,
1979 for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies
except where the Pinelands Commission acted on applications during
that time period.
That area designated as such by Section 3(i) of the Pinelands
Protection Act, N.J.S.A. 13:18A-1 et seq.
As more fully described in the Pinelands Comprehensive Management
Plan at N.J.A.C. 7:50-6.43, includes the following upland native forest
types:
[Added 12-12-2011 by Ord. No. 11-025]
That area so designated by Section 10(b) of the Pinelands
Protection Act, N.J.S.A. 13:18A-1 et seq., which is designed to preserve
the land in its natural state and promote compatible agricultural,
horticultural and recreational uses.
N.J.S.A. 13:18A-1 to 29.
All land within the Pinelands Area which is not included
in the preservation area and which shall be used to accommodate needed
development while preserving the essential character of the Pinelands
environment.
Any use which is based on resources which are indigenous
to the Pinelands including but not limited to forest products, berry
agriculture, and sand, gravel, clay or ilmenite.
Water suitable for drinking or cooking purposes.
An area of a minimum contiguous or noncontiguous size as
specified by this chapter 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 residential
and other uses incidental to the predominant use as may be permitted
by this chapter.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development, as defined pursuant to N.J.S.A. 40:55D-1 et seq.
An area of a minimum contiguous or noncontiguous size as
specified by this chapter 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 uses incidental to the
predominant use as may be permitted by this chapter.
A land area to be used as a development which, through its
corporation or homeowners' association, restricts the property therein
with bylaws, rules, regulations and restrictions of record, to use
by permanent residents of the age indicated as follows: All dwelling
units within a planned retirement community shall be occupied by at
least one person 55 years of age or older; however, in no event shall
a child 19 years of age or under reside in the PRC in conformance
with the United States Fair Housing Act of 1988, P.L. 100-430 U.S.C. § 3601
et seq. Ownership of the residential units may be in any form recognized
under the laws of the State of New Jersey.
[Added 11-28-2005 by Ord. No. 05-053]
An area with a minimum contiguous or noncontiguous acreage
of five acres or more to be developed as a single entity according
to 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 municipal Planning Board of the Township of Manchester
established pursuant to N.J.S.A. 40:55D-23.
A Pinelands species whose survival worldwide, nationwide,
or in the state is in jeopardy.
A map or maps of a site plan or subdivision.
A reasonably accurate map indicating the proposed layout
of a development and related information that is submitted for preliminary
approval in accordance with the provisions of this chapter.
The final map of all or a portion of the subdivision which
is presented to the approving agency for final approval in accordance
with these regulations and which, if approved, shall be filed with
the County Recording Officer.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-23.
The architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
That area so designated by Section 10(b) of the Pinelands
Protection Act.
Land on which a development easement was conveyed to, or
retained by, the committee, a board, or a qualifying tax-exempt nonprofit
organization pursuant to the provisions of section 24 of P.L.1983,
c.32 (N.J.S.A. 4:1C-31), section 5 of P.L.1988, c.4 (N.J.S.A. 4:1C-31.1),
section 1 of P.L.1989, c.28 (N.J.S.A. 4:1C-38), section 1 of P.L.1999,
c.180 (N.J.S.A. 4:1C-43.1), sections 37 through 40 of P.L.1999, c.152
(N.J.S.A. 13:8C-37 through 13:8C-40),or any other state law enacted
for farmland preservation purposes. (N.J.S.A. 4:1C-32.4)
[Added 12-12-2011 by Ord. No. 11-026]
The office of a member of a recognized profession which shall
include only the offices of: attorneys, artists, architects, authors,
doctors and physicians, dentists, land surveyors, ministers, musicians,
optometrists, professional engineers and such other similar professional
occupations which may be designated by the approving agency upon finding
by the approving agency such occupation is truly "professional" in
character by virtue of the need for similar training and experience
as a condition for the practice thereof, and that the practice of
such occupations shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone to any greater extent than
would the professional activities listed herein. The granting of a
state or local license shall not be indicative of professional standing.
When such office is combined with the residence, the office shall
be the individual office of only one member, and one member only,
without associates or partners, and with office personnel limited
to not more than two, and the area of said office shall not exceed
25% of the total floor area of the building.
All land within the Pinelands Area which is not included
in the Preservation Area.
The government of the United States of America, the State
of New Jersey or any other state; their political subdivisions, agencies
or instrumentalities; and interstate and regional agencies exercising
sovereign powers of government.
Development by any federal, state or Township agency.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers and structures or drainage ditches, or required along a natural
stream or watercourse for preserving the biological as well as drainage
function of the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation and erosion and to
assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the groundwater where practical, and
to lessen nonpoint pollution.
An open space 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.
Sewer service, gas, electricity, water, telephone, television
and other public utilities, roads and streets, and other similar services
provided or maintained by any public or private entity.
Sewer service, gas, electricity, water, telephone, cable
television, and other public utilities developed linearly, roads and
streets and other similar services provided or maintained by any public
or private entity.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
The majority of the full authorized membership of a Township
agency.
A detention and/or retention basin designed not only to release
water gradually into a natural or man-made outlet but also to percolate
into the ground consistent with subsurface strata.
[Amended 11-28-2005 by Ord. No. 05-053]
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal office of the Pinelands Commission.
Any recreational facility which does not satisfy the definition
of low-intensive recreational facility including but not limited to
golf courses, amusement parks, hotels, and motels.
A facility or area which complies with the standards in N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding, and
bicycling.
A vehicular-type unit primarily designed as temporary living
quarters for recreational camping or travel use. The vehicle shall
have its own motive power or be mounted on or towed by another vehicle.
Recreational vehicles include, but are not limited to, camping trailers,
fifth wheel trailers, motor homes, park trailers, travel trailers
and truck campers as defined in N.J.A.C. 8:22-1, Public Campgrounds.
A vehicle which is:
[Added 9-11-2006 by Ord. No. 06-020]
Built on a single chassis;
Four hundred square feet or less when measured
at the longest horizontal projections;
Designed to be self-propelled or permanently
towable by a light duty truck; and
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
The following materials which would otherwise become solid
waste and which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products:
source-separated, nonputrescible metal, glass, paper, plastic containers,
corrugated and other cardboard; vegetative waste, waste containers,
waste concrete; asphalt; brick; block; asphalt-based roofing scrap
and wood waste; other waste resulting from construction, remodeling,
repair and demolition operations on houses, commercial buildings,
pavements and other structures; whole trees, tree trunks, tree parts,
tree stumps, brush and leaves that are not composted; scrap tires;
petroleum-contaminated soil that is delivered to a nonmobile in-state
asphalt plant, concrete production plant or brick-making facility
for incorporation as a raw material; and petroleum contaminated soil
that is processed at its point of generation by mobile recycling equipment
which produces asphalt, concrete or bricks by incorporating it as
a raw material in its mobile production process.
[Amended 12-12-2011 by Ord. No. 11-025]
A facility designed and operated solely for receiving, storing,
processing or transferring recyclable materials, except that a recycling
center shall not include a manufacturer. For purposes of this definition,
processing may include, but is not necessarily limited to, separating
by type, grade or color, crushing, grinding, shredding or baling.
Any waste regulated pursuant to the New Jersey Comprehensive
Regulated Medical Waste Management Act, N.J.S.A. 13:1E-48.1 et seq.
A process to remove or treat a waste or hazardous or toxic
substance from soil or water but does not include any subsequent burial
or land application of contaminated soil or other solids.
A facility that engages in the production of electric energy
from solar technologies, photovoltaic technologies, or wind energy.
(N.J.S.A. 40:55D-66.11)
[Added 12-12-2011 by Ord. No. 11-026]
A contiguous or noncontiguous 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.
The number of dwelling units per gross acre of residential
land including streets, easements and open space portions of a development.
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay or ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service, New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.
[Added 12-12-2011 by Ord. No. 11-025]
That activity which is normally conducted in the Pinelands
area such as but not including berry agriculture, forestry, recreation,
beekeeping, horticulture, wildlife management, etc.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
A structure that is designed and constructed to stabilize
two generally horizontal surfaces which are vertically displaced.
A stormwater management basin designed to retain some water
on a permanent basis.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade tree, or
for another special use.
A silvicultural practice involving the drawing of a set of
tines, mounted on the front or trailed behind a tractor, over an area
to thoroughly disturb tree and vegetation roots and/or to collect
stumps and slash.
[Added 12-12-2011 by Ord. No. 11-025]
A place of business, where the primary purpose is the sale
of new motor vehicles having a building with showrooms, office space
and enclosed repair and maintenance facilities.
The U.S. Department of Agriculture Soil Conservation Service.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 12-12-2011 by Ord. No. 11-025]
An underground system with a septic tank used for the decomposition
of domestic wastes.
A watertight receptacle which receives the discharge of sanitary
sewage from a building sewer or part thereof, and is designed and
constructed so as to permit settling of settleable solids from the
liquids, partial digestion of the organic matter, and discharge of
the liquid portion into a disposal field or seepage pit.
Those services which are critical to protect the health,
welfare and safety of residents, such as police and fire protection,
first aid, etc.
Facilities installed or maintained by a public utility or
governmental agency including gas, electric, phone, water, sewerage
and other similar services necessary to provide adequate utility services
necessary to the general health, safety and welfare of the public.
The minimum horizontal distance between the street, rear
or side lines of the lot and the front, rear or side setback line.
A building line parallel to a lot line delineating the minimum
required yard area.
The solid residue and associated liquid resulting from the
physical, chemical or biological treatment of wastewater in a domestic
treatment works.
Any pipe conduit used to collect and carry away sewage or
stormwater runoff from the generating source to treatment plants or
receiving streams.
A silvicultural practice involving the establishment of a
new, essentially even-aged forest stand from release, typically in
a series of cuttings, of new trees started under the old forest stand.
A shelterwood cut involves the establishment of the new forest stand
before the old forest stand is removed.
[Added 12-12-2011 by Ord. No. 11-025]
A site occupied by a group of commercial establishments planned,
developed and managed as a unit in utilizing such common facilities
as customer parking areas, pedestrian walks, truck loading and unloading
space, and utilities and central sanitary treatment facilities. Such
centers and plazas may include facilities that are operated independently
from each other within the same overall structure on the same site
or a single establishment within one structure that provides a variety
of separate commercial activities such as groceries, bakery, garden
center, auto services and/or other commercial activities that are
permitted uses, permitted accessory uses or conditional uses within
the zoning district.
[Amended 7-25-2005 by Ord. No. 05-043;[3] 2-27-2012 by Ord. No. 12-008; 9-8-2014 by Ord. No. 14-017; 7-13-2015 by Ord. No. 15-008]
That portion of the roadway contiguous with the traveled
way for accommodation of stopped vehicles, for emergency use, and
for lateral support of base and surface courses.
An improved path for pedestrian use outside the cartway.
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.
Any device, structure, or object for visual
communication that is used for the purpose of bringing the subject
thereof to the attention of others, but not including any flag, badge,
or insignia of any public, quasi-public, civic, charitable or religious
group.
(Pinelands) Any object, device, display or structure,
or part thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, colors, illumination or projected
images. Signs do not include the flag or emblem of any nation, organization
of nations, state or city; or any fraternal, religious or civic organizations;
merchandise, pictures or models of products or services incorporated
in a window display; works of art which in no way identify a product;
or scoreboards located on athletic fields.[4]
Any sign which is owned and displayed by any person, firm
or corporation engaged in the business of outdoor advertising for
direct profit gained from the rental of such signs, or any sign advertising
a commodity not sold or produced on the premises. This shall include
billboards and off-premises signs indicating the direction to a particular
place.
That portion of a building fronting on a public roadway or
public parking facility free of any projection, relief, cornice, column,
change of building material, window or door opening extending from
the finished grade of the building to the bottom of the lowest second
floor window sill or to a height of 20 feet, whichever is less, and
along the entire length of the building which fronts the public street
or public parking facility.
The area made available by a sign structure for the purpose
of displaying a message.
All words, letters, numbers, symbols, colors, shapes, etc.
which appear on the sign face and are intended to convey a visual
message. Total graphic content coverage of a sign shall be measured
by computing the area of the smallest geometric figure which can encompass
all words, letters, figures, logos and other elements of the sign
message.
The horizontal distance between a sign measured from the
nearest portion of the sign, and any front, side or rear lot line.
Any sign that is displayed upon, against or through any material
or color surface or backing that forms an integral part of such display
and differentiates the total display from the background against which
it is placed.
Any word, letter, emblem, insignia, figure or similar character,
or group thereof, that is neither backed by, incorporated in or otherwise
made part of any larger display area.
Any construction work on, or improvement in connection with
development of streets, roads, parking facilities, sidewalks, drainage
structures, utilities and other improvements regulated by this chapter.
The usable building area compared to the improvable lot area
and required minimum yard area of a lot. The ratio is calculated by
dividing usable building area by the sum of the improvable lot area
plus the area of the lot contained within the minimum yard required
by the zoning district. The minimum yard for this purpose is established
by the nearest distance to a property line permitted by the zoning
district for the location of either an off-street parking lot, or
an off-street loading area, or an accessory building or a principal
building.
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,
screening devices; and
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 plans by the planning
board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
[Added 12-12-2011 by Ord. No. 11-026]
An energy conversion system, consisting of a wind turbine, a
tower, and associated control or conversion electronics, that is used
to generate electricity and has a nameplate capacity of 100 kilowatts
or less which converts wind energy by means of a rotor into electrical
power for the primary purpose of meeting all or a part of a dwelling's
energy requirements and has a rated capacity consistent with applicable
provisions of the State Uniform Construction Code promulgated pursuant
to the "State Uniform Construction Code Act" (N.J.S.A52:27D-119).
As used in these regulations, the primary application of a small
wind energy system is the conversion of wind by a machine with turbine
apparatus (includes base, rotor blades, nacelle, tower, inverter,
batteries or other component used in the system) capable of producing
electricity by converting the kinetic energy of wind into electrical
energy. The term does not include electrical distribution or transmission
lines, or electrical substations.
The gradual alteration of soil by crustal movement or by
processes of weathering, transportation, and sedimentation.
A solar panel is an elevated panel or plate, or a canopy
or array thereof, that captures and converts solar radiation to produce
power, and includes, but is not limited to, flat plate, focusing solar
collectors, or photovoltaic solar cells and excludes the base or foundation
of the panel, plate, canopy or array. (N.J.S.A. 13:19-3)
[Added 12-12-2011 by Ord. No. 11-026]
A facility at which solid waste is transferred from collection
vehicles to haulage vehicles for transportation to a landfill.
See "open space."
Any tree of exceptional size which is listed by the New Jersey
Division of Parks and Forestry. A listing of such trees and a map
showing their location is maintained at the principal offices of the
Pinelands Commission.
As it pertains to streets, the ability of a surface to resist
deformation from imposed loads. Stabilization can be accomplished
by adequate thicknesses of asphalt base and surface course, dense
graded aggregates, cement-treated soil aggregates, or concrete or
precast masonry units set forth on a base course.
Stabilized base course or asphalt concrete base consists
of soil aggregate and bituminous material uniformly mixed and placed
on a previously prepared surface.
Earth or soil, strengthened usually by the mixing of cement
or lime with the original material to achieve increased strength,
thereby reducing shrinkage and movement.
Established, mowable vegetation.
A system for the disposal of sanitary sewage into the ground,
which meets the standards of N.J.A.C. 7:9-2.1 et seq., and which is
designed and constructed to treat sewage in a manner that will retain
most of the settleable solids in a septic tank and to discharge the
liquid effluent to an adequate disposal field, excluding those systems
which utilize a dosing tank or other comparable system to store and
deliver doses of septic tank effluent to the disposal field and those
systems that utilize sand filtration.
That which is set up and established by authority as a rule
for the measure of quantity, weight, extent, value or quality.
Standards:
Adopted by ordinance pursuant to N.J.S.A. 40:55D-37
et seq., regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and inflammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the Township; or
Required by applicable federal or state laws
or Township ordinances.
[Added 9-11-2006 by Ord. No. 06-020]
For other than new construction or substantial
improvements under the Coastal Barrier Resources Act, (P.L. No. 97-348)
includes substantial improvements and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement
was within 180 days of the permit date. The "actual start" means either
the first placement of permanent construction of a structure on a
site such as the pouring of a slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land
preparation, such as clearing, grading and filling, nor does it include
the installation of streets and/or walkways, nor does it include excavation
for a basement, footings or piers, or foundations or the erection
of temporary forms, nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A provision for temporary storage of stormwater runoff, and
the controlled release of such runoff during and after a flood or
storm.
A broad term for structural and nonstructural control of
stormwater runoff and nonpoint pollution.
A provision for the permanent storage of a fixed volume of
water.
That part of a building between the surface of any floor
and the next floor above it, or in its absence, the finished ceiling
or roof above it. A "split-level" story shall be considered a second
story if its floor level is four feet or more above the level of the
line of the finished floor next below it, except a cellar. A residential
basement shall not be considered a "story."
[Amended 6-24-2013 by Ord. No. 13-005]
The finished area of an attic where the intersection of the
roof rafters and the exterior wall occurs within four inches of the
floor/ceiling system, and in which space the maximum floor area at
a ceiling height of seven feet or more, inclusive of stairwells and
roofed-over porches, does not exceed 60% of the square footage of
the floor directly below, inclusive of roofed-over porches. All dormers,
except stairwells, must be stepped back a minimum of 24 inches from
the exterior wall face beneath.
[Amended 6-24-2013 by Ord. No. 13-005]
 |
Any river, stream, pond, or lake, including its floodway
or permanent channel and one-hundred- and five-hundred-year floodplains.
The stream corridor shall also include any adjoining bands of vegetation
that lie outside any floodplain, wetlands or wetlands transition area
within a specified distance from the stream as measured parallel to
the stream and measured perpendicular to the top of the channel's
bank. In areas served by public sewer, the specified distance shall
be measured not more than 50 feet from each bank. In areas not served
by public sewer, the specified distance shall be measured not more
than 150 feet from each bank.
Any street, avenue, boulevard, road, parkway,
viaduct, drive or other way:
Which is an existing state, county or township
roadway;
Which is shown upon a plat heretofore approved
pursuant to law;
Which is approved by official action as provided
by this chapter;
Which is shown on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other area within the street lines.
The right-of-way width and design standards
shall be in accordance with state, county or Township requirements,
depending upon street jurisdiction in accordance with the Township
Master Plan and subject to the following classifications: principal
arterial, minor arterial, major collector, minor collector and local
street, as identified in the Manchester Township Master Plan.
Minor ways which are used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street or open space.
For development purposes, any street which complies in width and construction with the standards set forth in Article IX, Improvements, Requirements and Design Standards, of this chapter and any amendments thereto, that have been accepted by the Township of Manchester.
Streets which are parallel to and adjacent to arterial streets
and highways, which provide access to abutting properties and protection
from through traffic.
A street not dedicated or deeded to the public for public
use.
Streets which are designed for limited access to abutting
residential properties.
The line determining the limit between the access rights
of the public and adjoining private property.
A street which is to be extended when the adjacent property
is developed.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
[Amended 9-11-2006 by Ord. No. 06-020]
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
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 chapter, if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
Divisions of property by testamentary or intestate
provisions;
Division of property upon court order including,
but not limited to, judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
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
(Zoning Officer) to conform to the requirements of the development
regulations contained in this chapter for frontage on an improved
street, zoning district regulations, and for design standards and
improvement specifications; and further provided that each lot, tract,
or parcel of land is shown and designated as separate lots, tracts,
or parcels on the Official Tax Map of the Township. Those adjoining
lots, tracts, or parcels of land shown on the Official Tax Map of
the Township which are owned by the same person or persons but which
individually do not conform to the zoning district regulations and/or
which do not meet the required frontage on an improved street shall
be treated under this chapter as a single parcel of land no portion
of which may be conveyed without subdivision approval as prescribed
by this chapter.
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 classifying subdivisions
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and
such other duties relating to land subdivision which may be conferred
on this committee by the Board.
Any proposed subdivision which would not qualify as a minor
subdivision shall be treated as a major subdivision if the subdivision
under consideration represents a further subdivision of an original
tract of land for which previous minor subdivisions have been approved
by the Planning Board and the combination of the proposed and approved
minor subdivision(s) constitute a major subdivision. The original
tract of land shall be considered any tract in existence as shown
on the existing tax maps as of December 1977.
A subdivision of land for the creation of a number of lots
specifically permitted by ordinance as a minor subdivision, provided
that such subdivision does not involve:
The creation of more that four lots;
A planned development;
Any new street;
Extension of any off-tract improvements;
An adverse effect upon the development of the
remainder of the parcel or adjoining property;
Any lot fronting on an unimproved street;
A conflict with any provision or portion of
the Master Plan, Official Map, Sanitary Code or this chapter.
The prepared surface upon which pavements and shoulders are
constructed.
Those lands which are inundated with water throughout the
year.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 9-11-2006 by Ord. No. 06-020]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which exceeds 50% of the market value
of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
[Added 9-11-2006 by Ord. No. 06-020]
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement officer and which are the minimum necessary to assure
safe living conditions; or
Any alteration of a historic structure or resource,
provided that the alteration will not preclude the structure's continued
designation as a historic structure or resource.
Sewage sludge in which the concentrations of any metals,
measured on a dry-weight basis, do not exceed the following limits:
10 parts per million arsenic; 40 parts per million cadmium; 1,000
parts per million chromium; 1,200 parts per million copper; 4,800
parts per million lead; 10 parts per million mercury; 1,250 parts
per million nickel; 2,400 parts per million zinc. The metal concentration
limits used to define suitable sewage sludge are identical to those
set forth in the Department of Environmental Protection's September
1993 draft Solid Waste Management State Plan Update for Class B sludge.
The placement of the asphalt concrete material on a previously
prepared base course.
A low-lying or depressed land area commonly wet or moist,
which can function as an intermittent drainageway.
The height above grade of the tower plus the wind generator.
(N.J.S.A. 40:55D-66.12)
[Added 12-12-2011 by Ord. No. 11-026]
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 12-12-2011 by Ord. No. 11-025]
The natural, undisturbed surface layer of soil
having more organic matter than subsequent layers, a pH of 5.0 to
7.5, and suitable for satisfactory growth and maintenance of permanent,
locally adapted vegetation.
Where the original surface layer has been removed,
the reapplication of soil material used to cover an area so as to
improve soil conditions for establishment and maintenance of adapted
vegetation. The reapplied material must be friable, loamy soil reasonably
free of debris, objectionable weeds, and stones; have a natural pH
of 5.0 to 7.5; have an organic matter content greater than 2%; and
contain no toxic substance which may be harmful to plant growth.
See "wireless telecommunications tower."
When referring to a wireless telecommunications tower or
other structure, the distance measured from the finished grade to
the highest point on the tower or other structure, including the base
pad and any antenna. (See also the definition of "building height.")
The height above grade of the fixed portion of the tower,
excluding the wind generator. (N.J.S.A. 40:55D-66.12)
[Added 12-12-2011 by Ord. No. 11-026]
An attached single-family residential unit in a row of at
least three such units in a structure, such that each unit has its
own front and rear access to the outside, no unit is located above
another unit, and each unit is separated from any other unit by one
or more vertical common fire-resistant walls. Ownership of a townhouse
development can be in the form of condominium, whereby ownership of
common areas is through homeowner associations.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
A typed or printed verbatim record of the proceedings or
reproduction thereof.
A facility at which waste is transferred from one waste vehicle
to another waste vehicle for transportation to a waste management
facility.
The portion of a cartway used for vehicular travel.
A single or one-way vehicle movement to or from a property
or study area.
A municipality or county whose master plan and land use ordinances
or regulations have not been certified by the Pinelands Commission
under N.J.A.C. 7:50-3.
The sum of the gross horizontal area of the floors of a nonresidential
building exclusive of the following: major vertical penetrations (such
as stairwells and elevator shafts); floor space used for mechanical
equipment needed in the operation of the building; and cellar, basement,
or attic space not intended for human occupancy and having a clear
standing head room of seven feet or less.
See "change in use."
See "conditional use."
All uses specified in a particular zone, quoted in the sections
labeled "Permitted uses," within the text of this chapter.
The primary or main purpose for which a lot or building is
being utilized.
Uses, specified or not, which are contrary to the intent
of the Master Plan, this chapter, and N.J.S.A. 40:55D-1 et seq.
Lines, conduits, or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage, or stormwater discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-40b and
N.J.S.A. 40:55D-70c and d.
Any plant material including grasses, shrubs and trees.
That vegetation which is listed in N.J.A.C. 7:50-6.24, Pinelands
Comprehensive Management Plan.
Leaves, grass clippings, twigs, shrubbery and residue from
the raising of plants, such as stalks, hulls and leaves. It includes
vegetative processing wastes which do not contain nonvegetative additives;
and whole trees, branches, tree trunks and stumps processed through
a wood chipper.
Any sign which is affixed to an exterior wall of any building,
not projecting more than one foot beyond the building wall.
A system of pedestrian walks within a development and connecting
the main features of a development. The walks shall be left in their
natural state with minor path improvements for the safety and convenience
of the residents.
A waste which has been separated, collected or processed
such that it is converted into an economically valuable raw material
or product which is not hazardous.
Any property, site, system, equipment or structure which
is utilized for the storage, collection, processing, transfer, transportation,
separation, recycling, reclamation, recovery, reuse or disposal of
waste. It includes, but is not necessarily limited to, landfills,
composting facilities, recycling facilities and centers, incinerators,
materials recovery facilities, reclamation facilities, resource-recovery
facilities, waste reuse facilities and transfer facilities.
Any hazardous waste, regulated medical waste, garbage, refuse,
septage, sludge, discarded materials, and other by-products and substances
which become unsuitable for their original purpose, resulting from
industrial, commercial and agricultural operations and from domestic
and community activities. They shall include solid and liquid waste
materials. For purposes of this definition, liquids which are released
from a sewage treatment plant or on-site septic wastewater treatment
system and solid animal and vegetable wastes collected by swine producers
licensed by the New Jersey Department of Agriculture to collect, prepare
and feed such wastes to swine on their own farms shall not be considered
waste.
Any part of a system used to carry wastewater and includes
laterals, mains, trunks, interceptors and other similar facilities.
Any wetland that meets each of the following three tests:
The wetland meets at least one of the following
two criteria:
The wetland meets at least one of the following
three criteria:
The wetland is within an area that is predominantly
developed, has direct access to a paved public road and is serviced
by a municipal wastewater treatment system; or
The wetland was filled prior to February 8,
1979, the fill is at least one foot in depth, and the seasonal high
water table is not within one foot of the altered land surface; or
The wetland is an actively cultivated nonberry
agricultural field which was cleared and in production prior to February
8, 1979; and
The wetland is not:
An Atlantic white cedar swamp;
A wetland which is frequently ponded or flooded
for a period of at least seven days during the growing season;
A herbaceous- or shrub-dominated wetland type
found in naturally occurring circular or neatly circular depressions
within upland or wetland complexes;
Located within 300 feet of a lake, pond, river
or permanent stream; or
A wetlands supporting plant species which are
designated as endangered pursuant to N.J.S.A. 13:1B-15.151 et seq.
or supporting plant or wildlife species designated as threatened or
endangered pursuant to N.J.A.C. 7:50-6.27 and N.J.A.C. 7:50-6.33.
The establishment of a characteristic wetland or the removal
of exotic species or Phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10, Wetlands management. For purposes
of this definition, exotic species are those that are not indigenous
to North America.
[Added 12-12-2011 by Ord. No. 11-025]
In the CAFRA area of the Township, those areas defined and
regulated in accordance with New Jersey Freshwater Wetlands Protection
Act Rules as contained in N.J.A.C. 7:7A-1.4.
Lands which are inundated or saturated by water at a magnitude,
duration and frequency sufficient to support the growth of hydrophytes.
Wetlands include lands with poorly drained or very poorly drained
soils as designated by the National Cooperative Soils Survey of the
Soil Conservation Service of the United States Department of Agriculture.
Wetlands include submerged lands. (See N.J.A.C. 7:50-6.3.)
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St.
Johns and freshwater marsh and tidal marsh soil types.
See "retention basin."
Linear tracts of existing woodland or open space that serve
to link and extend significant wildlife habitat locations.
Blades and associated mechanical and electrical conversion
components mounted on top of the tower. (N.J.S.A. 40:55D-66.12)
[Added 12-12-2011 by Ord. No. 11-026]
The monopole, freestanding, or guyed structure that supports
a wind generator.
[Added 12-12-2011 by Ord. No. 11-026]
Any sign which is part of or affixed or attached to the interior
or exterior 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.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
An open space, unoccupied by a building, extending the full
width of the lot and situated between the setback line and the street
right-of-way line of that lot. The term "setback line" shall be synonymous
with the rearmost limit of the required front yard area.
The area created by the rear yard setback.
The area created by the side yard setback.
A document signed by the Administrative Officer (Zoning Officer)
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
Acknowledges that such use, structure or building
complies with the provisions of this chapter or variance therefrom
duly authorized by a municipal agency, pursuant to this Municipal
Land Use and Development Regulations Chapter.
[2]
Editor’s Note: Ordinance No. 05-043 was declared void
by court order pursuant to Docket No. OCN-L-4565-10.
[3]
Editor’s Note: Ordinance No. 05-043 was declared void
by court order pursuant to Docket No. OCN-L-4565-10.
[4]
Editor's Note: The definition of "sign, graphic content,"
which previously followed this definition, was repealed 6-14-2010
by Ord. No. 10-012. Refer to the current definition of "sign, graphic
content," below.
