For general definitions that pertain to Southampton Township refer to Chapter
12, Land Development, §
12-2, Definitions Applicable Throughout Southampton Township. The following terms shall apply to the Pinelands Area of Southampton Township. In the event of a conflict between a township-wide definition and a Pinelands area definition, the Pinelands area definition shall control in the Pinelands area.
ACCESSORY USE OR STRUCTURE
A structure or use which:
a.
Is subordinate to and serves a principal building or a principal
use, including but not limited to the production, harvesting, and
storage as well as washing, grading and packing of unprocessed produce
grown on-site;
b.
Is subordinate in area, extent and purpose to the principal
structure or principal building or a principal use;
c.
Contributes primarily to the comfort, convenience or necessity
of the occupants, business or industry of the principal structure
or principal use served; and
d.
Is located on the same parcel as the principal structure or
principal use served, except as otherwise expressly authorized by
the provisions of this plan.
AFFORDABLE HOUSING
Housing which falls within the financial means of a household;
guidelines being that a household will not have to spend more than
30% of its annual income or expend more than two times the amount
of its annual income for the purchase of a home.
AGRICULTURAL COMMERCIAL ESTABLISHMENT
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.
AGRICULTURAL EMPLOYEE HOUSING
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 lot for agriculture.
AGRICULTURAL OR HORTICULTURAL USE
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 forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables,
nursery, floral, ornamental and greenhouse 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 of the Federal government.
AGRICULTURAL PRODUCTS PROCESSING FACILITY
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.
APPLICATION FOR DEVELOPMENT
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 Subsection
19-1.5.
APPROVAL AGENCY
Any board, body, or other authority within the Township with
the authority to approve or disapprove subdivisions, site plans, construction
permits, or other applications for development approval.
BEDDING
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.
BROADCAST SCARIFICATION
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.
CAMPER
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 trailers.
CAMPSITE
A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the historic, archaeological and
cultural preservation board for the construction, alteration, remodeling,
removal or demolition of any structure, area or site designated by
the board in accordance with the provisions of this chapter.
CERTIFICATE OF FILING
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
CLEARCUTTING
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.
COMMISSION
The Pinelands Commission created pursuant to § 5
of the Pinelands Protection Act.
CONTIGUOUS LANDS
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.
COPPICING
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.
DENSITY
The average number of housing units per unit of land.
DEVELOPMENT
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.
A change in type of use of a structure or land;
b.
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
c.
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;
d.
Commencement of forestry activities, resource extraction, drilling,
or excavation on a parcel of land;
e.
Demolition of a structure or removal of trees;
f.
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
g.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
h.
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river stream, lake, pond, wetlands or artificial
body of water.
DEVELOPMENT APPROVAL
Any approval granted by an approved agency except certificates
of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which
do not otherwise include an issuance of a construction permit, subdivision,
or site plan approval.
DEVELOPMENT, MAJOR
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.
DISKING
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.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means including control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DRUM CHOPPING
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.
DWELLING UNIT
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.
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: (a)
another substation of the utility company; (b) a substation of or
interconnection point with another interconnecting utility company;
(c) a substation of a high-load customer of the utility.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
FIRE HAZARD
The classification of a parcel of land in accord with the
following:
|
Hazard
|
Vegetation Type
|
---|
|
Low
|
Atlantic white cedar
Hardwood swamps
|
|
Moderate
|
Non-pine barrens forest
Prescribed burned areas
|
|
High
|
Pine barrens forest including mature forms of pine, pine-oak,
or oak-pine
|
|
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine; all classes
of pine-scrub oak and pine-lowland
|
FISH AND WILDLIFE MANAGEMENT
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.
FORESTRY
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:
a.
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
b.
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
c.
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
d.
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
e.
Removal or planting of trees for the personal use of the parcel
owner; and
f.
Removal of trees for public safety.
FOREST STAND
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
FORESTRY MANAGEMENT PLAN
A plan detailing forestry management programs in accordance
with the provisions of N.J.A.C. 7:50-6.41 et seq.
GARAGE
An accessory building or structure, whether detached or attached,
designed for the parking and storage of vehicles.
[Added 11-17-2020 by Ord.
No. 2020-11]
GROUP SELECTION
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.
HABITAT
The natural environment of an individual animal or plant,
population, or community.
HEIGHT (BUILDING AND STRUCTURE)
The vertical distance measured 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. For structures, the vertical distance measured from
grade to its highest point, provided, however, that no height limitation
in this chapter shall apply to any of the following structures, provided
that such structures are compatible with uses in the immediate vicinity:
silos, barns and other agricultural structures; church spires; cupolas;
domes; monuments; water towers; fire observation towers; transmission
towers; windmills; chimneys; smoke stacks; derricks; conveyors; flag
poles; masts; aerials; solar energy facilities; and similar structures
required to be placed above the roof level and not intended for human
occupancy.
HISTORIC RESOURCE
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.
HOME OCCUPATION
An activity for economic gain, carried out in a residential
dwelling or accessory structure thereto, in which an occupant of the
residence and not more than two other individuals are employed and
which is clearly secondary to the use of the dwelling as a residence.
HYDROPHYTES
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILY
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 11-20-2018 by Ord. No. 2018-13]
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces.
IMPERVIOUS SURFACE
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.
INDIVIDUAL SELECTION
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.
INSTITUTIONAL USE
Any land used 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 other 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.
INTERESTED PERSON OR PARTY
Any persons whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter or whose
right to use, acquire or enjoy property under this chapter 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
this chapter.
INTERIM RULES AND REGULATIONS
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act 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.
LAND
Includes the surface and subsurface of the earth as well
as improvements and fixtures on, above, or below the surface and any
water found thereon.
LOCAL COMMUNICATIONS FACILITY
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.
LOW INCOME HOUSEHOLD
A household with an annual income of less than 80% of the
median income for the county or Standard Metropolitan Statistical
Area.
MEDIAN INCOME
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.
MIDDLE INCOME HOUSEHOLD
A household with an annual income between 100% and 120% of
the median income for the county or Standard Metropolitan Statistical
Area.
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy and which can be transported after fabrication
to a site where it is to be occupied.
MODERATE INCOME HOUSEHOLD
A household with an annual income which is 80% to 100% of
the median income for the county or Standard Metropolitan Statistical
Area.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
OFF-SITE COMMERCIAL ADVERTISING SIGN
A sign, other than a sign which advertises an agricultural
commercial establishment, 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.
PARCEL
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 and whose area is described by a
deed.
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
PERSON
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
PINELANDS AREA
That area of Southampton Township designated as part of the
Pinelands area by § 10(a) of the New Jersey Pinelands Protection
Act (N.J.S.A. 13:18A-1 et seq.).
PINELANDS DEVELOPMENT CREDITS
A use right allocated to certain lands within the Township
pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential
density bonus on other lands within the Township or in other municipalities
which have Pinelands regional growth areas.
PINELANDS DEVELOPMENT REVIEW BOARD
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.
PINELANDS RESOURCE RELATED USE
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.
PRESERVATION AREA
That area so designated by § 10(b) of the Pinelands
Protection Act.
PROTECTION AREA
All land within the Pinelands area which is not included
in the preservation area.
PUBLIC PURPOSE PUBLIC DEVELOPMENT
The development or subdivision of land by the Township Committee,
school board, or any other officially created municipal agency or
authority.
PUBLIC SERVICE INFRASTRUCTURE
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.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use
of available technology, natural, human, and economic resources.
RECORD TREE
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 offices of the Commission.
RECREATION FACILITY, INTENSIVE
Any recreational facility which does not satisfy the definition
of low intensive recreational facility including but not limited to
golf courses, marinas, amusement parks, hotels and motels.
RECREATION FACILITY, LOW INTENSIVE
A facility or area which complies with the standards of 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.
RESOURCE CONSERVATION PLAN
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
RESOURCE EXTRACTION
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.
RESOURCE MANAGEMENT SYSTEM PLAN
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 non-point source pollution; and
establish criteria for resource sustainability of soil, water, air,
plants and animals.
ROOT RAKING
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.
SEASONAL HIGH WATER TABLE
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
SEED TREE CUT
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.
SHELTERWOOD CUT
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.
SIGN
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, figures, designs, symbols, fixtures,
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.
STRUCTURAL ALTERATION
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configuration of the roof or exterior walls.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, 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:
a.
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;
b.
Divisions of property by testamentary or intestate provisions;
c.
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
d.
Consolidation of existing lots by deed or other recorded instrument
and;
e.
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the tax map
or atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
|
THINNING
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
UTILITY DISTRIBUTION LINES
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.
WETLANDS
Those 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, and further defined in N.J.A.C. 7:50-6.3 through 6.5.
WETLANDS MANAGEMENT
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. For purposes of this definition,
exotic species are those that are not indigenous to North America.
WETLAND SOILS
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.
No building or structure shall be erected, reconstructed, demolished,
altered, or restored, and no use shall be made of any land, nor shall
any development be approved within a Pinelands area of Southampton
Township, unless the building, structure, use or development meets
the design and performance standards set forth in this chapter, or
unless the approving authority expressly grants a variance therefrom.
No more than one principal use shall be located on one lot, except
for forestry, agriculture, horticulture, fish and wildlife management,
and recreational development on agricultural lands.