A.
Usage. For the purposes of this chapter, certain phrases
and words are herein defined as follows: Words used in the present
tense include the future; words used in the singular number include
the plural number, and vice versa; the word "used" shall include "arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used"; the word "lot" includes the words "plot," "premises"
and "tract"; the word "building" includes the word "structure" or
"dwelling" or "residence"; the word "shall" is mandatory and not discretionary.
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term is intended to have the meaning as defined
in said Act,[1] unless specifically defined to the contrary in this chapter.
Any word or term not defined herein shall be used with a meaning of
standard usage.
[Amended 1-31-1977 by Ord. No. 1-1977]
[1]
Editor's Note: The "Act" referred to is the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The definitions
are in N.J.S.A. 40:55D-3 through 55D-7.
B.
ACCESSORY BUILDING, STRUCTURE OR USE
ACCESSORY USE, TEMPORARY
ADMINISTRATIVE OFFICER
AFFORDABLE SENIOR CITIZEN HOUSING
AGRICULTURE
AIRPORT SAFETY ZONE
ALTERATIONS OR ADDITIONS, STRUCTURAL
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
ALTERNATIVE TOWER STRUCTURE
ANTENNA
APPLICATION FOR DEVELOPMENT
ARBOR
BACKHAUL NETWORK
BALCONY
BASEMENT
BICYCLE LANE (BIKE LANE)
BICYCLE PATH (BIKE PATH)
BIKEWAY
BILLBOARD
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
CAMPER
(1)
(2)
(3)
CANNABIS
CANNABIS CONSUMPTION AREA
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS EXTRACT
CANNABIS ITEM
CANNABIS LEAF
CANNABIS MANUFACTURER
CANNABIS PARAPHERNALIA
CANNABIS PRODUCT
CANNABIS RESIN
CANNABIS RETAILER
CANNABIS TESTING FACILITY
CANNABIS WHOLESALER
CARPORT
CHILD-CARE CENTER
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
COLLOCATION
COMMERCIAL FARM
(1)
(2)
COMMERCIAL PIGGERIES
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES
COMMISSION
COMMON PROPERTY
COMPLETE APPLICATION
CONDITIONAL USE
CONDITIONAL LICENSE
CONDOMINIUM
CONSUMER
CONSUMPTION
COUNTY PLANNING BOARD
DECK
DECK, ATTACHED
DECK, DETACHED
DECK, GRADE LEVEL
DECK HEIGHT
DELIVERY
DEPARTMENT
DWELLING, DETACHED
DWELLING UNIT
EQUIPMENT SHED/SHELTER
EXEMPT HOME OCCUPATION
(1)
(2)
(3)
(4)
(5)
FAA
FARM
(1)
(2)
FCC
FIRST-FLOOR AREA
FLAG LOT
FLOODPLAIN
FLOOR AREA, FINISHED
FOOTPRINT
GARAGE, PRIVATE
GARAGE, PUBLIC
GARDEN APARTMENT
GAZEBO
GOLF COURSE
GRADE, FINISHED
GROSS FLOOR AREA
HEIGHT
HOME OCCUPATION
HOMEOWNERS' ASSOCIATION
(1)
(2)
(3)
HOSPITAL, REST HOME AND NURSING HOME
HOUSEKEEPING UNIT
IMMEDIATE FAMILY
INDUSTRIAL PARK
INTERESTED PARTY
LATTICE TOWER
LICENSE
LICENSEE
LICENSEE REPRESENTATIVE
LIQUEFIED PETROLEUM (LP) GAS DISTRIBUTION POINT
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT WIDTH
MANUFACTURE
MATURE CANNABIS PLANT
MEDICAL CANNABIS
MICROBUSINESS
MINOR SITE PLAN
MOBILE HOME
MONOPOLE
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING LOT
NONCONFORMING USE
PARKING SPACE
PERGOLA
PERMITTED USE
PORTABLE HOME STORAGE UNIT
PREEXISTING TOWERS AND ANTENNAS
PREMISES or LICENSED PREMISES
PRINCIPAL BUILDING OR STRUCTURE
PRINCIPAL USE
PRIVATE SCHOOL
PRODUCE
PROVIDER
PUBLIC PLACE
PUBLIC PURPOSE
PUBLIC UTILITY
RESIDENTIAL AGRICULTURE
RESIDENTIAL STORAGE SHED
SEA BOX
SERVICE STATION
SETBACK LINE
SIGN
SITE PLAN REVIEW
STORY
STREET
STREET LINE
STRUCTURE
STRUCTURAL HEIGHT
SUBDIVISION[4]
SUBDIVISION APPLICATION
SWIMMING POOL, PORTABLE
SWIMMING POOL, PRIVATE RESIDENTIAL
TAXICAB OPERATIONS
TOWER
TOWER, MULTIUSER
TOWNHOUSE
TOWNSHIP
TRACT
TRANSCRIPT
TRAVEL TRAILER
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions of Township-wide application. As used
in this chapter, the following terms shall have the meanings indicated:
A building, structure or use which is customarily associated
with and is subordinate in area, extent and purpose and incidental
to the principal building, structure or use, contributes primarily
to the comfort, convenience or necessity of the occupants, business
or industry of the principal structure or principal use served and
which is located on the same lot therewith. An accessory building
attached to the principal building shall comply in all respects with
the requirements applicable to the principal building.
[Amended 8-6-1982 by Ord. No. 16-1982; 4-3-1997 by Ord. No.
1-1997]
An accessory use, which does not involve the construction or alteration of any permanent building or structure, established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Temporary accessory uses shall comply with Article V.
[Added 3-16-2022 by Ord. No. 8-2022]
The Planning Board and/or Zoning Board Secretary, as may
be appropriate.
[Added 5-30-1979 by Ord. No. 8-1979]
Housing for households where at least one member is 62 years
of age or older and which is affordable by low- and moderate-income
households according to standards promulgated by the Council on Affordable
Housing or as otherwise provided through a state or federal housing
program designed to provide affordable housing.
[Added 7-21-1994 by Ord. No. 7-1994]
A 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 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 any
agency of the state or federal government; specifically excluded from
this definition, however, are processing plants. Notwithstanding the
foregoing, activities which qualify as "forestry" within the meaning
of the definition of forestry found at § 190-5(D) of this
Code shall not constitute "agriculture" under this definition.
[Added 3-15-1985 by Ord. No. 4-1985;
amended 6-5-1997 by Ord. No. 15-1997; 4-6-2000 by Ord. No. 5-2000]
An overlay zone delineated in accordance with the standards
and methodology promulgated by the New Jersey Department of Transportation,
Division of Aeronautics, as set forth by N.J.A.C. 16:62-3.1 or such
other superseding or amending regulation.
[Added 5-1-1997 by Ord. No. 3-1997]
Any change in or additions to the supporting members of a
building, such as walls, columns, beams, girders, posts or piers,
or in the dimensions or configurations of the roof or exterior walls.
[Amended 8-6-1982 by Ord. No. 16-1982]
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 8-7-2019 by Ord. No. 24-2019]
Mounting structures that camouflage or conceal the presence
of towers.
[Added 8-17-2000 by Ord. No. 9-2000]
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves, including but not limited to
directional antennas, such as panels, microwave dishes, satellite
dishes and omni-directional antennas.
[Added 8-17-2000 by Ord. No. 9-2000]
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat,[2] site plan, planned development, conditional use, zoning
variance or direction for the issuance of a permit pursuant to N.J.S.A.
40:55D-1 et seq. or N.J.S.A. 13:18A-1 et seq.
[Added 1-31-1977 by Ord. No. 1-1977;
amended 8-6-1982 by Ord. No. 16-1982]
An accessory structure forming a shelter of vines or branches
or of latticework covered with climbing shrubs or vines. The dimensions
of an arbor shall not exceed a height of eight feet and a footprint
of 64 square feet. An arbor constructed as part of a deck shall comply
with the requirements for a deck and the Schedule of Area and Yard
Requirements for the zone in which the deck is located.
[Added 3-16-2022 by Ord. No. 8-2022]
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.
[Added 8-17-2000 by Ord. No. 9-2000]
An exterior floor projecting from and supported by a structure
without additional independent supports; shall be subject to the setback
requirements as outlined in the Schedule of Area and Yard Requirements
for that zone for the principal building.
[Added 12-20-2001 by Ord. No. 18-2001]
A story having more than 25% of its clear height below average
contact grade.
A portion of a roadway which has been designated by striping,
signing, and pavement markings for the preferential or exclusive use
of bicycles.
[Added 12-17-2008 by Ord. No. 21-2008]
A bikeway physically separated from motorized vehicular traffic
by an open space or barrier, and either within the highway right-of-way
or within an independent right-of-way or easement.
[Added 12-17-2008 by Ord. No. 21-2008]
Any road, path, or way which in some manner is specifically
designated as being open to bicycle travel, regardless of whether
such facilities are designated for the exclusive use of bicycles or
are to be shared with other transportation modes.
[Added 12-17-2008 by Ord. No. 21-2008]
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes, other than on a building
or its grounds, giving the name and occupation of the user of the
premises, the nature of the business conducted therein or the products
primarily sold or manufactured therein; except that in the Pinelands
Area any sign advertising roadside farm stands shall not be considered
a billboard.
[Amended 8-6-1982 by Ord. No. 16-1982]
Any structure or extension thereof or addition thereto, either
temporary or permanent, having a roof supported by such things as
columns, posts, piers or walls and intended for the shelter, business,
housing or enclosing of persons, animals or property.
[Amended 8-6-1982 by Ord. No. 16-1982]
The square footage or other area measurement by which all
buildings occupy a lot, as measured on a horizontal plane around the
periphery of the foundation and including the area under the roof
of any structure supported by columns but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.
The vertical distance measured to the highest point from
the mean elevation of the finished grade five feet away from the foundation
along the side(s) of the building facing a street or at the street
line, whichever is closer to the foundation. On a corner lot, the
height shall be measured on the street having the greatest slope.
A self-propelled vehicular structure built as
one unit on a chassis and designed for temporary living for travel,
recreation, vacation or other short-term use, which may contain cooking,
sleeping and sanitary facilities.
An immobile structure containing cooking and
sleeping facilities for travel, recreation, vacation or other short-term
use and designed to be attached to the body of another vehicle for
transporting from one location to another.
A portable vehicular structure built on a chassis
designed for camping, the body of which is basically rectangular with
a flat top not more than four feet above the surface of the ground.
The camper is designed to have a temporary tent erected above the
four-foot level for camping facilities.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2021, c.
16 for use in cannabis products as set forth in this chapter, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product. “Cannabis” does not include: medical
cannabis dispensed to registered qualifying patients pursuant to the
Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307
(N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, 26 c. 158 (N.J.S.A. 18A:40-12.22
et seq.); marijuana as defined in N.J.S.A. 2C:35-272 and applied to
any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the
New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.),
or marijuana as defined in Aection 2 of P.L. 1970, c. 226 (N.J.S.A.
24:21-2) and applied to any offense set forth in the New Jersey Controlled
Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.);
or hemp or a hemp product cultivated, handled, processed, transported,
or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c.
238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-18-2021 by Ord. No. 29-2021]
As further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A.
24:6I-21), a designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either: (1)
an indoor, structurally enclosed area of the cannabis retailer or
permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
(2) an exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder, or brought by
a person to the consumption area, may be consumed.
[Added 8-18-2021 by Ord. No. 29-2021]
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 cannabis
cultivator license.
[Added 8-18-2021 by Ord. No. 29-2021]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer , and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 8-18-2021 by Ord. No. 29-2021]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor
license.
[Added 8-18-2021 by Ord. No. 29-2021]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 8-18-2021 by Ord. No. 29-2021]
A substance obtained by separating resins from cannabis by:
(1) a chemical extraction process using a hydrocarbon-based solvent,
such as butane, hexane, or propane; (2) a chemical extraction process
using the hydrocarbon-based solvent carbon dioxide, if the process
uses high heat or pressure; or (3) any other process identified by
the Cannabis Regulatory Commission by rule or regulation.
[Added 8-18-2021 by Ord. No. 29-2021]
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. “Cannabis item” does not
include: any form of medical cannabis dispensed to registered qualifying
patients pursuant to the Jake Honig Compassionate Use Medical Cannabis
Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c.
158 (N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-18-2021 by Ord. No. 29-2021]
The leaf of the plant Cannabis sativa L. within the plant
family Cannabaceae.
[Added 8-18-2021 by Ord. No. 29-2021]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 8-18-2021 by Ord. No. 29-2021]
Any equipment, products, or materials of any kind, which
are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing cannabis,
or for ingesting, inhaling, or otherwise introducing a cannabis item
into the human body. “Cannabis paraphernalia” does not
include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which
is used or intended for use to commit a violation of Chapter 35 or
36 of Title 2C of the New Jersey Statutes.
[Added 8-18-2021 by Ord. No. 29-2021]
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
Cannabis product does not include: (1) usable cannabis by itself;
or (2) cannabis extract by itself; or (3) any other cannabis resin
by itself.
[Added 8-18-2021 by Ord. No. 29-2021]
The resin extracted from any part of the plant Cannabis sativa
L., including cannabis extract and resin extracted using nonchemical
processes, processed, and used in accordance with P.L. 2021, c. 16.
Cannabis resin does not include: any form of medical cannabis dispensed
to registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); hashish as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or as defined in Section
2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense
of the New Jersey Controlled Dangerous Substances Act, P.L. 1970,
c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 8-18-2021 by Ord. No. 29-2021]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retailer license.
[Added 8-18-2021 by Ord. No. 29-2021]
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 8-18-2021 by Ord. No. 29-2021]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license.
[Added 8-18-2021 by Ord. No. 29-2021]
An accessory structure providing space for parking of no
more than two motor vehicles, having a roof and enclosed on not more
than three sides. A freestanding carport shall have a footprint not
exceeding 250 square feet and a height not exceeding 12 feet. A carport
attached to a principal building shall comply with the requirements
applicable to the principal building.
[Added 3-16-2022 by Ord. No. 8-2022]
Any facility which is maintained for the care, development
and supervision of six or more children who attend the facility for
less than 24 hours per day and which offers such programs as private
nonsectarian child-care centers, day-care centers, drop-in centers,
day nursery schools, play schools, cooperative child centers, centers
for children with special needs, infant-toddler programs, employment-related
centers and/or kindergartens that are not an integral part of a private
educational institution or system offering elementary education in
grades kindergarten through six. A child-care center shall not offer
programs operated by a public or private day school of elementary
and/or high school grades, special activity programs for children,
youth camps and/or religious classes or centers.
[Added 9-6-1990 by Ord. No. 18-1990]
A development technique based on a gross dwelling unit density
for the entire tract in the zoning district in which it is located
and allowing the lot sizes for detached dwellings to be reduced or
individual segments to have higher densities so long as the gross
density is not exceeded.
Use of a common wireless telecommunications tower or a common
site by two or more wireless license holders or by one wireless license
holder for more than one type of communications technology and/or
placement of a wireless telecommunications tower on a structure owned
or operated by a utility or other public entity.
[Added 8-17-2000 by Ord. No. 9-2000]
[Added 3-16-2022 by Ord. No. 8-2022]
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually,
and satisfying the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A.
54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural
or horticultural products worth $50,000 or more annually and otherwise
satisfying the eligibility criteria for differential property taxation
pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1
et seq.
Any plot of land that is used for the raising, breeding and
selling of hogs, swine or pigs where this use is not incidental to
some other primary agricultural use of farm premises containing a
dwelling.
[Added 5-30-1979 by Ord. No. 8-1979]
Licensed commercial wireless telecommunications services,
including cellular, personal communications services, specialized
mobilized radio, enhanced specialized mobilized radio, paging and
similar services that are marketed to the general public.
[Added 8-17-2000 by Ord. No. 9-2000]
The Cannabis Regulatory Commission established pursuant to
Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24).
[Added 8-18-2021 by Ord. No. 29-2021]
A parcel or parcels of land or an area of water, or a combination
of land and water, together with the improvements thereon, designed
and intended for the ownership, use and enjoyment shared by the residents
and owners of the development. Common property may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit of the residents and owners of the development.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to, a site
plan or subdivision plat; provided that the municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the municipal agency. An application shall be certified as complete
immediately upon the meeting of all requirements specified in the
ordinance and in the rules and regulations of the municipal agency
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of the commencement of the time
period for action by the municipal agency.
[Added 5-2-1980 by Ord. No. 12-1980]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
[Added 1-31-1977 by Ord. No. 1-1977]
A temporary license designated as either a Class 1 cannabis
cultivator; license, a Class 2 cannabis manufacturer license, a Class
3 cannabis wholesaler license, a Class 4 cannabis distributor license,
a Class 5 cannabis retailer license, or a Class 6 cannabis delivery
license that allows the holder to lawfully act as a cannabis cultivator,
cannabis manufacturer, cannabis wholesaler, cannabis distributor,
cannabis retailer, or cannabis delivery service as the case may be,
which is issued pursuant to an abbreviated application process, after
which the conditional license holder shall have a limited period of
time in which to become fully licensed by satisfying all of the remaining
conditions for licensure which were not required for the issuance
of the conditional license.
[Added 8-18-2021 by Ord. No. 29-2021]
An apartment or townhouse building(s) where each dwelling
unit is individually owned by respective housekeeping units while
common property is collectively owned and maintained by all the residents
of the building(s).
A person 21 years of age or older who purchases, directly
or through a cannabis delivery service, acquires, owns, holds, or
uses cannabis items for personal use by a person 21 years of age or
older, but not for resale to others.
[Added 8-18-2021 by Ord. No. 29-2021]
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
[Added 8-18-2021 by Ord. No. 29-2021]
A county planning board established by a county pursuant
to N.J.S.A. 40:27-1 to exercise the duties set forth in such chapter,
and also, in any county having adopted the provisions of the Optional
County Charter Law, P.L. 1972, c. 154, N.J.S.A. 40:41A-1 et seq.,
any department, division, board or agency established pursuant to
the Administrative Code of such county to exercise such duties, but
only to the degree and extent that the requirements specified in such
chapter for county planning boards do not conflict with the organization
and structure of such department, division, agency or board as set
forth in the Administrative Code of such county.
[Added 5-2-1980 by Ord. No. 12-1980]
An exterior floor supported on at least two opposing sides
by an adjacent structure, and/or posts, piers or other independent
supports, except that a handicap ramp meeting barrier-free code requirements
shall not be considered a deck and shall not be regulated by this
chapter. Decks shall be unroofed, but may have a pergola or an arbor
that shall not be higher than one story or 10 feet above the finished
elevation of the deck surface, whichever is less.
[Added 12-20-2001 by Ord. No. 18-2001; amended 3-16-2022 by Ord. No. 8-2022]
If constructed 30 or more inches above finished grade and
attached to the principal building or constructed within four feet
thereof, shall be subject to the setback requirement as outlined in
the Schedule of Area and Yard Requirements for that zone for the principal
building.
[Added 12-20-2001 by Ord. No. 18-2001]
If constructed 30 or more inches above finished grade, but
not attached to the principal building, the deck shall be subject
to the Schedule of Area and Yard Requirements for that zone as an
accessory structure.
[Added 12-20-2001 by Ord. No. 18-2001]
If constructed less than 30 inches in height above grade
(measured from finished grade to the top of the deck), is not subject
to the Schedule of Area and Yard Requirements for that zone, except
that a minimum setback of 10 feet shall be maintained from property
lines in all cases.
[Added 12-20-2001 by Ord. No. 18-2001]
For an attached deck, the average vertical distance measured
to the highest point of the deck from the mean elevation of the finished
grade under the deck a distance of five feet away from the foundation
along the side(s) of the building. For a detached deck, the average
vertical distance to the highest point of the deck from the mean elevation
of the finished grade as measured from a horizontal distance five
feet away from the deck on all sides of the deck.
[Added 12-20-2001 by Ord. No. 18-2001]
The transportation of cannabis items and related supplies
to a consumer. Delivery also includes the use by a licensed cannabis
retailer of any third party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
[Added 8-18-2021 by Ord. No. 29-2021]
The News Jersey Department of Health.
[Added 8-18-2021 by Ord. No. 29-2021]
A building physically detached from other buildings or portions
of buildings which is occupied or intended to be occupied for residence
purposes by one housekeeping unit and which has its own cooking, sleeping,
sanitary and general living facilities.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The dwelling
unit shall be self-contained and shall not require the use of outside
stairs, common hallways, passing through another dwelling unit or
other indirect route(s) to get to any portion of the dwelling unit,
nor shall there be shared facilities with another housekeeping unit.
An enclosed structure, cabinet, shed or box at the base of
the local communications facility within which are housed batteries
and electrical equipment.
[Added 8-17-2000 by Ord. No. 9-2000]
A low-intensity use, exclusive of those home professional
occupations otherwise permitted in this chapter, provided that such
exempt home occupation conforms to the following requirements
[Added 12-15-1994 by Ord. No. 8-1994]:
No person other than members of the household
residing on the premises shall be engaged in such occupation.
The use of the dwelling unit for the exempt
home occupation shall be clearly incidental and subordinate to the
use of the property for residential purposes by its residents, and
not more than 20% of the floor area of the dwelling unit shall be
used in the conduct of the exempt home occupation.
There shall be no external auditory or visual
evidence of the exempt home occupation.
The exempt home occupation shall not necessitate
any additional parking at any time in addition to those vehicles ordinarily
used by the residents of the home. Commercial vehicles shall not be
utilized in association with the exempt home occupation.
No site plan approval is required for an exempt
home occupation use.
The Federal Aviation Administration.
[Added 8-17-2000 by Ord. No. 9-2000]
[Amended 5-30-1979 by Ord. No. 8-1979]:
PRINCIPAL USESA lot of at least six acres, with the first acre devoted to the dwelling (if applicable) and at least five additional acres devoted to agricultural use, including the growing and harvesting of crops and the raising and breeding of farm animals, except that commercial piggeries are prohibited. Truck farms, fruit farms, nurseries, greenhouses, dairies and livestock produce are permitted.
ACCESSORY USESBuildings incidental to farms such as greenhouses, buildings for the housing of seasonal workers for the farm's own use, barns and packing, grading and storage buildings limited to produce raised on the premises. Processing operations, buildings for the keeping of poultry, airstrips for the spraying of crops where primarily local crops are serviced, garages for the storage of farm equipment and farm stands are accessory farm uses.
[Amended 8-6-1982 by Ord. No. 16-1982]
The Federal Communications Commission.
[Added 8-17-2000 by Ord. No. 9-2000]
The residential portion of a dwelling unit, excluding basements
and garages, measured by using the outside dimensions of the residential
portion of the building. For a split-level, bi-level or tri-level
dwelling, the area shall be considered to be the sum of the areas
of two adjoining levels, excluding basements and garages, provided
both levels are connected by permanent, built-in stairs in the interior
of the building.
A lot which meets the area requirements of this chapter except
lot frontage, which may be reduced to permit utilization of lands
with limited road frontage.
[Added 8-6-1982 by Ord. No. 16-1982]
The relatively flat terrain adjoining a water channel which
has been or may be hereafter covered by floodwater of the channel.
In the computation of required minimum floor area as required
in this chapter, only finished space shall be calculated. "Finished
floor area" is that space in which all internal systems (plumbing,
heating, electrical service, etc.) are completely installed and operational
and where finish materials (sheetrock, paneling, etc.) are in place
and ready to receive cosmetic finishing (paint, wall covering, floor
coverings, etc.). No floor area of any basement shall be included
in the computation of minimum floor area as required in this chapter.
[Added 5-30-1979 by Ord. No. 8-1979;
amended 12-15-1994 by Ord. No. 8-1994]
The area of surface measured by using the outside dimensions
of an accessory structure, typically from the outer edge of columns
or vertical structural elements to calculate an enclosure measured
in square feet.
[Added 3-16-2022 by Ord. No. 8-2022]
An accessory building or structure or portion of a main building
or structure for the parking of vehicles and incidental storage requirements
of the occupants of the principal use, building or structure of the
lot, provided that, in the computation of required minimum floor area,
a garage shall include a roof, walls and doors which fully enclose
the garage space. A private garage attached to the principal building
shall comply with the requirements to the principal buildings. A detached
private garage shall comply with the accessory requirements provided
for the zoning district in which the garage is located.]
[Amended 3-3-1978 by Ord. No. 1-1978; 8-6-1982 by Ord. No.
16-1982; 3-16-2022 by Ord. No. 8-2022]
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles customarily
used for private transportation, local schoolbuses, commercial vehicles,
farm equipment and farm vehicles.
An apartment containing a minimum of six dwelling units and
not exceeding two stories in height.
An accessory structure consisting of a detached, covered,
freestanding, open-air structure having a gross floor area not exceeding
300 square feet and a height not exceeding 12 feet.
[Added 3-16-2022 by Ord. No. 8-2022]
An area of 50 or more contiguous acres containing a full-size
professional golf course at least nine holes in length, not less than
three par each, together with the necessary accessory uses and structures
such as clubhouses, dining and refreshment facilities, provided that
the operation of such is incidental and subordinate to the operation
of the golf course.
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and a point five feet from the building. The finished
grade shall include the completed surfaces of lawns, walks, driveways
and roads brought to grade as shown on official plans. No certificate
of occupancy will be issued until the finished grade has been completed.
[Added 12-20-2001 by Ord. No. 18-2001]
The area measured by using the outside dimension of the building,
excluding the area of an attached garage, attic, open porch or patio.
Gross floor area shall apply to detached accessory buildings and structures
including, but not limited to, private garages, sheds and gazebos.
Only those floor areas which have a ceiling height of eight feet or
more and those areas used for storage space in nonresidential uses
shall be included in the gross floor area. The gross floor area of
a townhouse, apartment or other attached structure shall be measured
from the center of interior walls and the outside of exterior walls.
[Amended 3-16-2022 by Ord. No. 8-2022]
When referring to a tower or other structure, the distances
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and antenna.
[Added 8-17-2000 by Ord. No. 9-2000]
An occupation being conducted wholly or in part from a residence
or its residential lot as an accessory use. Such occupations shall
be conducted solely by resident occupants of the residential building,
except that no more than two persons not residents of the building
may be employed, and provided also that no more than 900 square feet
or the equivalent of the first-floor area of the building, whichever
is smaller, shall be used for such purpose; that the livable floor
area for the residence shall remain at least as large as that required
of the residences; that no display of products shall be visible from
the street; that the residential character of the building shall not
be changed; that the occupation shall be conducted entirely within
either the dwelling unit or an accessory building, but not both; that
no occupational sounds shall be audible outside the building; that
no article shall be offered for sale on the premises; that no machinery
or equipment shall be used which will cause interference with radio
and television reception in neighboring residences; and that the use
does not reduce the parking or yard requirements of the principal
use.
An incorporated, nonprofit organization operating in a cluster
or planned unit development under recorded land agreements through
which:
Each lot owner is automatically a member.
Each occupied dwelling unit is automatically
subject to a charge for a proportionate share of the expenses for
the organization's activities and maintenance, including any maintenance
costs levied against the association by the Township.
Each owner and tenant has the right to use the
common property.
An establishment for rest and recuperation containing beds
for four or more patients and used for the diagnosis, treatment or
other care of human ailments.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
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.
[Added 8-7-2019 by Ord. No. 24-2019]
An area wherein one or more buildings are erected for industrial
purposes in relation to one another as part of an integrated and comprehensively
planned total unit, whether or not the buildings are erected simultaneously
or over a period of time.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey. 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 this chapter, or whose rights to use, acquire or
enjoy property under this chapter or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or a failure to act under N.J.S.A. 40:55D-1 et seq.
[Added 1-31-1977 by Ord. No. 1-1977]
A freestanding tower with multiple legs and cross-bracing
of structural steel.
[Added 8-17-2000 by Ord. No. 9-2000]
A license issued under P.L. 2021, c. 16, including a license
that is designated as either a Class 1 cannabis cultivator license,
a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler
license, a Class 4 cannabis distributor license, a Class 5 cannabis
retailer license, or a Class 6 cannabis delivery license. The term
includes a conditional license for a designated class, except when
the context of the provisions of P.L. 2021, c. 16, otherwise intend
to only apply to a license and not a conditional license.
[Added 8-18-2021 by Ord. No. 29-2021]
A person or entity that holds a license issued under P.L.
2021, c. 16., including a license that is designated as either a Class
1 cannabis cultivator license, a Class 2 cannabis manufacturer license,
a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor
license, a Class 5 cannabis retailer license, or a Class 6 cannabis
delivery license, and includes a person or entity that holds a conditional
license for a designated class, except when the context of the provisions
of P.L. 2021, c. 16., otherwise intend to only apply to a person or
entity that holds a license and not a conditional license.
[Added 8-18-2021 by Ord. No. 29-2021]
An owner, director, officer, manager, employee, agent, or
other representative of a licensee, to the extent that the person
acts in a representative capacity.
[Added 8-18-2021 by Ord. No. 29-2021]
Any facility which normally receives LP gas by tank truck
and which fills small containers or the engine fuel tanks of motor
vehicles on the premises.
[Added 6-17-1993 by Ord. No. 8-1993]
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading, with 15 feet of vertical clearance.
Any parcel of land separated from other parcels or portions
as by a subdivision plat or deed of record, survey map or by metes
and bounds, except that for purposes of this chapter contiguous undersized
lots under one ownership shall be considered one lot, and except further
that no portion of a street shall be included in calculating the lot
boundaries or areas.
The area contained within the lot lines of a lot, but not
including any portion of a street right-of-way.
A lot on the junction of and abutting on two or more intersecting
streets where the interior angle of the intersection does not exceed
135°.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
The horizontal distance between side lot lines, measured along the street line. The minimum lot frontage shall be the same as the lot width, 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 50% of the required minimum lot width, and except further as permitted in § 190-54. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
[Amended 5-30-1979 by Ord. No. 8-1979]
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line. Where side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than 75% of the minimum lot width for the zoning district
in which the lot is located, except that such reduction shall not
encroach on required side yards.
[Amended 5-30-1979 by Ord. No. 8-1979]
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. Manufacture does
not include packaging or labeling.
[Added 8-18-2021 by Ord. No. 29-2021]
A cannabis plant that is not an immature cannabis plant.
[Added 8-18-2021 by Ord. No. 29-2021]
Cannabis dispensed to registered qualifying patients pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A.
18A:40-12.22 et seq.). Medical cannabis does not include any cannabis
or cannabis item which is cultivated, produced, processed, and consumed
in accordance with P.L. 2021, c. 16.
[Added 8-18-2021 by Ord. No. 29-2021]
A person or entity licensed under P.L. 2021, c. 16., as a
cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis
distributor, cannabis retailer, or cannabis delivery service that
may only, with respect to its business operations, and capacity and
quantity of product: (1) employ no more than 10 employees; (2) operate
a cannabis establishment occupying an area of no more than 2,500 square
feet, and in the case of a cannabis cultivator, grow cannabis on an
area no more than 2,500 square feet measured on a horizontal plane
and grow above that plane not higher than 24 feet; (3) possess no
more than 1,000 cannabis plants each month, except that a cannabis
distributor’s possession of cannabis plants for transportation
shall not be subject to this limit; (4) acquire each month, in the
case of a cannabis manufacturer, no more than 11,000 pounds of usable
cannabis; (5) acquire for resale each month, in the case of a cannabis
wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof; and (6) acquire for retail sale each month,
in the case of a cannabis retailer, no more than 1,000 pounds of usable
cannabis, or the equivalent amount in any form of manufactured cannabis
product or cannabis resin, or any combination thereof.
[Added 8-18-2021 by Ord. No. 29-2021]
A development plan of one or more lots which does not involve
the erection of a new structure or use or any addition to an existing
structure or use which would exceed 25% of the existing floor area;
does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-12; and contains the information required by this chapter for
minor site plan approval.[3]
[Added 5-2-1980 by Ord. No. 12-1980]
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy; containing living and sleeping accommodations,
a flush toilet, a tub or shower, bath and kitchen facilities with
plumbing and electrical connections provided for attachment to outside
systems; and designed to be transported, after fabrication, on its
own wheels or on flatbed or other trailers, arriving at the site where
it is to be occupied as a dwelling complete, usually including major
appliances and furniture, and ready for occupancy except for minor
and incidental unpacking and assembly operations. For purposes of
this chapter, travel trailers, campers, and camper trailers are not
considered mobile homes.
A single, freestanding pole-type structure, tapering from
base to top, and supporting one or more antennas for wireless transmission.
[Added 8-17-2000 by Ord. No. 9-2000]
A building or structure which in its location upon a lot
or in its size does not conform to the regulations of this chapter
for the zone in which it is located.
A lot of record which does not have the minimum width, frontage,
depth or contain the minimum area for the zone in which it is located.
A use occupying a building, structure or lot which does not
conform to the use regulations of the district in which it is located.
A space for the parking of a motor vehicle within a public
or on-street parking area. Parking stalls shall be a minimum size
of nine feet by 18 feet. Ten-foot-by-eighteen-foot parking stalls
shall be required wherever shopping carts or other wheeled conveyances
are proposed for use and in all parking areas where individual parking
stalls are not delineated.
[Amended 12-16-2009 by Ord. No. 30-2009]
An accessory structure consisting of parallel colonnades
supporting an open roof of crossing rafters or trelliswork. A freestanding
pergola shall have a footprint not exceeding 300 square feet and a
height not exceeding 12 feet. A pergola constructed as part of a deck
shall comply with the requirements for a deck and the Schedule of
Area and Yard Requirements for the zone in which the deck is located.
[Added 3-16-2022 by Ord. No. 8-2022]
Any use of land or buildings as permitted by this chapter.
A temporary accessory use involving a portable storage container
used for storage of personal property of any kind, generically known
as a “pod,” and is located outside an enclosed building
or structure. Portable home storage units shall not exceed 16 feet
in length, eight feet in width and eight feet in height.
[Added 3-16-2022 by Ord. No. 8-2022]
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this definition, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
[Added 8-17-2000 by Ord. No. 9-2000]
Includes the following areas of a location licensed under
P.L. 2021, c. 16.: all public and private enclosed areas at the location
that are used in the business operated at the location, including
offices, kitchens, rest rooms, and storerooms; all areas outside a
building that the Cannabis Regulatory Commission has specifically
licensed for the production, manufacturing, wholesaling, distributing,
retail sale, or delivery of cannabis items; and, for a location that
the commission has specifically licensed for the production of cannabis
outside a building, the entire lot or parcel that the licensee owns,
leases, or has a right to occupy.
[Added 8-18-2021 by Ord. No. 29-2021]
A building or structure in which the principal use is conducted.
[Added 3-16-2022 by Ord. No. 8-2022]
The main purpose for which a lot or building is used.
A privately administered institution of education whose general
course work is comparable to the public school system and whose curriculum
is approved by the New Jersey Department of Education or the New Jersey
Department of Higher Education.
The planting, cultivation, growing or harvesting of cannabis.
Produce does not include the drying of cannabis by a cannabis manufacturer
if the cannabis manufacturer is not otherwise manufacturing cannabis.
[Added 8-18-2021 by Ord. No. 29-2021]
A company that provides wireless services via a local communications
facility.
[Added 8-17-2000 by Ord. No. 9-2000]
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming
pool, shopping area, public transportation facility, vehicle used
for public transportation, parking lot, public library, or any other
public building, structure, or area.
[Added 8-18-2021 by Ord. No. 29-2021]
The use of land by the Township, Township School Board or
some officially created Township agency, authority or commission of
the Township.
[Amended 3-16-2022 by Ord. No. 8-2022]
Any utility company operating under the regulations of the
Board of Public Utilities and delivering such service as may be provided
within Pemberton Township.
[Added 5-30-1979 by Ord. No. 8-1979]
The growing and harvesting of plant life and the keeping
of farm animals for the enjoyment of the residents on lots exceeding
one acre.
[Amended 5-30-1979 by Ord. No. 8-1979]
A structure of slight construction with a gross floor area that is not less than 60 square feet nor greater than 200 square feet and a height not exceeding 12 feet and one story, used solely for storage of items typically found and/or used on residential properties, except for the storage of motor vehicles and not for the housing of animals. Residential storage sheds shall be prohibited within the front yard, except as provided for corner lots in Article V, and shall be permitted in side and rear yards as set forth herein this chapter.
[Added 12-20-2001 by Ord. No. 18-2001; amended 3-16-2022 by Ord. No. 8-2022]
A temporary accessory use involving a metal transportable
container designed for the storage and transport of goods from one
location to another by road, rail and sea and modified for temporary
use on land, where the structural integrity remains intact. Sea boxes
shall not exceed 48 feet in length, 96 inches wide and 102 inches
high.
[Added 3-16-2022 by Ord. No. 8-2022]
Lands and buildings providing for the sale of fuel, lubricants
and automotive accessories. Maintenance and minor repairs for motor
vehicles may be provided, but no body repairs or painting or the storage
of inoperable or wrecked vehicles shall be permitted.
A line drawn parallel to a street line or lot line and drawn
through the point of a building nearest to the street line or lot
line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line or lot line.
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illustration or
insignia is used to advertise or promote the interest of any person
or product when the same is placed in view of the general public.
Signs do not include the flag or emblem of any nation, organization
of nations, state, 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.
[Amended 8-6-1982 by Ord. No. 16-1982]
The examination of the specific development plans for a lot.
Wherever the term "site plan approval" is used in this chapter, it
shall be understood to mean a requirement that the site plan be reviewed
and approved by the Planning Board or Zoning Board, in certain cases.
[Amended 1-31-1977 by Ord. No. 1-1977]
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. For the purpose of this chapter, the interior of a
roof shall not be considered a ceiling. A "half story" is the area
under a pitched roof at the top of a building, the floor of which
is at least four feet but no more than six feet below the plate.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action pursuant to the Municipal
Land Use Law (Chapter 291, Laws of 1975) or any prior act authorizing
approval, or a street or way 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, sidewalks,
parking areas and other areas within the street lines.
[Amended 1-31-1977 by Ord. No. 1-1977]
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having location
on the ground, including, not limited to, buildings, arbors, carports,
fences, garages, gazebos, pergolas, tanks, towers, signs, advertising
devices, swimming pools and tennis courts.
[Amended 3-16-2022 by Ord. No. 8-2022]
Same as "building height."
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; division of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
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 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."
[Added 5-2-1980 by Ord. No. 12-1980]
The application for approval of a subdivision pursuant to
the Municipal Land Use Law (P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et
seq.), or an application for approval of a planned unit development
pursuant to the Municipal Land Use Law (P.L. 1975, c. 291, N.J.S.A.
40:55D-1 et seq.).
[Added 5-2-1980 by Ord. No. 12-1980]
Portable pools shall not be subject to the requirements of § 190-46 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
Means and includes artificially constructed pools, whether
located above or below the ground, having a depth of more than 18
inches and/or a water surface of 100 square feet or more, designed
and maintained for swimming and bathing purposes by an individual
for use by members of his household and guests and which is located
on a lot as an accessory use, and includes all buildings, structures,
equipment and appurtenances thereto.
Land, buildings, parking facilities and improvements that are authorized for use for the operation of a taxicab, pursuant to Chapter 164 of the Code of the Township of Pemberton.
[Added 1-4-2001 by Ord. No. 26-2000]
Any ground- or roof-mounted pole, spire, structure or combination
thereof that is designed and constructed primarily for the purpose
of supporting one or more antennas for telephone, radio and similar
communications purposes, including supporting lines, cables, wires,
braces and masks. The term includes radio and television transmission
towers, common-carrier towers, cellular telephone towers, alternative
tower structures and the like.
[Added 8-17-2000 by Ord. No. 9-2000]
A tower to which is attached the antennas of more than one
commercial wireless telecommunications service provider or governmental
entity.
[Added 8-17-2000 by Ord. No. 9-2000]
One dwelling unit in a line of four or more connected dwelling
units where each dwelling unit is compatibly designed in relation
to all other units but is distinct by such design features as width,
setback, roof design, color, exterior materials and other features,
singularly or in combination. Each dwelling unit may be a maximum
of 2 1/2 stories in height, but nothing in the definition shall
be construed to allow one dwelling unit over another.
The Township of Pemberton, Burlington County, New Jersey.
An area of land composed of one or more lots adjacent to
one another having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one tract, provided that the street is not
an arterial or major collector road and that a linear distance equal
to more than 75% of the frontage of the side of the street having
the larger street frontage lies opposite an equivalent linear distance
of street frontage on the other side of the street.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
[Added 5-2-1980 by Ord. No. 12-1980]
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses and having an outside body width not exceeding eight
feet and a length not exceeding 30 feet and which may contain cooking,
sleeping and sanitary facilities.
An open space extending across the full width of the lot
and lying between the proposed street line as prescribed in the adopted
Master Plan of Pemberton Township and the closest point of any building
on the lot. The depth of the "front yard" shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines. The minimum required "front yard" shall
be the same as the required setback.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the "rear yard" shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent lines or curved rear lot lines. The minimum required
"rear yard" shall be the same as the required setback.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required "side yard"
shall be measured horizontally and at right angles to either a straight
side lot line or the tangent lines of curved side lot lines.
C.
Municipal Land Use Law definitions. The following
words and phrases in this chapter are used as defined in the Municipal
Land Use Law[5]: applicant, application for development, approving authority,
Board of Adjustment, building, circulation, common open space, conditional
use, days, developer, development, drainage, erosion, final approval,
historic site, interested party, lot, maintenance guaranty, major
subdivision, Master Plan, minor subdivision, nonconforming lot, nonconforming
structure, nonconforming use, off-site, off-tract, on-site, on-tract,
open space, party immediately concerned, plat, preliminary approval,
preliminary floor plans and elevations, public areas, public drainageway,
public open space, quorum, residential cluster, residential density,
resubdivision, sedimentation, site plan, standards of performance,
street, structure, subdivision, variance and zoning permit.
[Added 5-30-1979 by Ord. No. 8-1979]
D.
AGRICULTURAL COMMERCIAL ESTABLISHMENT
AGRICULTURAL EMPLOYEE HOUSING
AGRICULTURAL OR HORTICULTURAL PURPOSES OR USE
AGRICULTURAL PRODUCTS PROCESSING FACILITY
AGRICULTURAL SERVICE ESTABLISHMENT
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
ANIMALS, THREATENED OR ENDANGERED
APPLICATION FOR DEVELOPMENT
APPROVAL AGENCY
ARTIFICIAL REGENERATION
BEDDING
BROADCAST SCARIFICATION
CAMPSITE
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF FILING
CLEARCUTTING
COMMISSION
COMPREHENSIVE MANAGEMENT PLAN
CONTIGUOUS LANDS
COPPICING
DAY
DENSITY
DENSITY TRANSFER DEVELOPMENT RIGHTS (DTDRS)
DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
DISKING
DRAINAGE
DRUM CHOPPING
DWELLING
DWELLING UNIT
ELECTRIC DISTRIBUTION LINES
ELECTRIC TRANSMISSION LINES
ENLARGEMENT
ENVIRONMENTAL COMMISSION
EROSION
FAMILY
FIRE HAZARD
FISH AND WILDLIFE MANAGEMENT
FORESTRY
(1)
(2)
(3)
(4)
(5)
(6)
FOREST STAND
GROUP SELECTION
HABITAT
HISTORIC, ARCHAEOLOGICAL AND CULTURAL PRESERVATION BOARD
HISTORIC RESOURCE
HYDROPHYTES
IMMEDIATE FAMILY
IMPERMEABLE SURFACE
IMPERVIOUS SURFACE
INDIVIDUAL SELECTION
INSTITUTIONAL USE
INTERIM RULES AND REGULATIONS
LAND
LANDFILL
LANDSCAPING
LOCAL COMMUNICATIONS FACILITY
NATURAL REGENERATION
NAVIGABLE WATERS
PARCEL
PERMEABILITY
PERSON
PINELANDS AREA
PINELANDS DEVELOPMENT CREDIT
PINELANDS DEVELOPMENT REVIEW BOARD
PINELANDS NATIVE FOREST TYPE
PINELANDS PROTECTION ACT
PINELANDS RESOURCE-RELATED USE
PLANTS, THREATENED OR ENDANGERED
PUBLIC PURPOSE USES
PUBLIC SERVICE INFRASTRUCTURE
RECOMMENDED MANAGEMENT PRACTICE
RECORD TREE
RECREATIONAL FACILITY, INTENSIVE
RECREATIONAL FACILITY, LOW-INTENSITY
RESOURCE EXTRACTION
RESOURCE MANAGEMENT SYSTEM PLAN
ROOT RAKING
SEASONAL HIGH-WATER TABLE
SEED TREE CUT
SHELTERWOOD CUT
SUBMERGED LAND
THINNING
UTILITY DISTRIBUTION LINES
VEGETATION
WETLANDS
WETLANDS, COASTAL
WETLANDS, INLAND
WETLANDS MANAGEMENT
WETLAND SOILS
Pinelands Area definitions. The following definitions
shall only apply to those portions of the Township that are located
within the Pinelands Area. In the event of a conflict between a definition
of Township-wide application and a Pinelands Area definition, the
Pinelands Area definition shall control in the Pinelands Area. Any
term or word not defined herein shall be defined as set out in N.J.A.C.
7:50-2.11.
[Added 8-6-1982 by Ord. No. 16-1982;
amended 5-6-1983 by Ord. No. 7-1983]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
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.
[Amended 4-6-1989 by Ord. No. 11-1989]
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 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 any
agency of the state or federal government; specifically excluded from
this definition, however, are processing plants.
[Amended 8-20-1998 by Ord. No. 9-1998]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
An establishment the purpose of which is the sale of goods,
commodities or services that support active farm operations.
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,
limited to the following systems authorized for use for residential
development by the pilot program established in N.J.S.A. 7:50-10,
Part IV:
[Added 10-1-2003 by Ord. No. 19-2003]
Those animals specified in N.J.A.C. 7:50-6.32.
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 § 190-66A(2) of this chapter.
[Added 4-6-1989 by Ord. No. 11-1989]
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.
[Added 5-6-1983 by Ord. No. 7-1983]
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 12-19-2012 by Ord. No. 17-2012]
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 12-19-2012 by Ord. No. 17-2012]
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 12-19-2012 by Ord. No. 17-2012]
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.
[Amended 4-6-1989 by Ord. No. 11-1989]
An approval of the Planning Board or Zoning Board of Adjustment
issued pursuant to N.J.A.C. 7:50-6.156.
[Amended 4-6-1989 by Ord. No. 11-1989]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
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 12-19-2012 by Ord. No. 17-2012]
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.[6]
The plan adopted by the Pinelands Commission pursuant to
the Pinelands Protection Act, as amended, and contained in N.J.A.C.
7:50.
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.
[Amended 9-16-1993 by Ord. No. 11-1993]
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 12-19-2012 by Ord. No. 17-2012]
For purposes of computing time limits, the word "day" in
this chapter refers to a calendar day.
The average number of housing units per unit of land, except
that in the Pinelands Area "density" shall be calculated on the basis
of gross acreage, including platted rights-of-way within the deeded
premises. For the R-1, R-3, R-80, R-96 and R-I Zoning Districts, gross
acreage shall not include water bodies of over one acre.
[Amended 9-21-1989 by Ord. No. 29-1989]
Residential density development rights acquired to be used to meet the zoning density requirements of the R-3, R-6, R-17 or R-100 Districts according to § 190-50R. "DTDRs" shall require the purchase of development rights from and deed restrictions to Township-owned and/or privately owned land according to the same restrictions necessary to purchase land pursuant to § 190-50R(1).
[Added 9-16-1993 by Ord. No. 11-1993]
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 forestry activities, resource
extraction, drilling or excavation on a parcel of land.
[Amended 4-6-1989 by Ord. No. 11-1989]
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 conditions 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 an approval 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.
[Added 5-6-1983 by Ord. No. 7-1983]
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.
All development other than major development.
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 12-19-2012 by Ord. No. 17-2012]
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.
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 12-19-2012 by Ord. No. 17-2012]
Any structure or portion thereof which is designed or used
for residential purposes.
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 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.
[Added 7-12-2001 by Ord. No. 12-2001]
All electric lines other than electric transmission lines.
[Added 4-6-1989 by Ord. No. 11-1989]
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:
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 municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a stable and
permanent living unit, being a traditional family unit or the functional
equivalent thereof.
[Amended 12-15-1994 by Ord. No. 8-1994]
The classification of a parcel of land in accord with the
following:
[Amended 4-6-1989 by Ord. No. 11-1989]
Hazard
|
Vegetation Type
|
---|---|
Low
|
Atlantic white cedar Hardwood swamps
|
Moderate
|
Nonpine 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 less than 20 feet tall and less than 20-foot spacing
Pitch pine lowlands (all size classes)
|
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.
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 4-6-1991 by Ord. No. 11-1989; 4-3-1997 by Ord. No.
1-1997; 12-19-2012 by Ord. No. 17-2012]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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 12-19-2012 by Ord. No. 17-2012]
The natural environment of an individual animal or plant,
population or community.
[Repealed 4-6-1989 by Ord. No. 11-1989]
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.
[Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No.
35-1997]
Any plant growing in water or in substrate 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: grandparents, grandchildren, parents, sons, daughters,
brothers, sisters, nieces, nephews, aunts, uncles, first cousins,
husbands and wives, great-grandparents and great-grandchildren.
[Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No.
35-1997]
Any surface which does not permit fluids to pass through
or penetrate its pores and spaces.
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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 12-19-2012 by Ord. No. 17-2012]
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.
[Amended 4-6-1989 by Ord. No. 11-1989; 7-12-2001 by Ord. No.
12-2001]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
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.
Sites, including open dumps, where solid waste, liquid and
dry sewage sludge and liquid and dry chemical waste are disposed of
by land application with or without the use of management practices
or soil covering. For the purposes of this chapter, solid waste transfer
stations shall not be considered landfills.
The installation of plant material or seed as part of development.
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.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 12-19-2012 by Ord. No. 17-2012]
Water capable of being traversed by pleasure craft.
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.
[Amended 2-5-1998 by Ord. No. 35-1997]
The rate at which water moves through a unit area of soil,
rock, or other material at a hydraulic gradient of one.
[Added 12-19-2012 by Ord. No. 17-2012]
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having joint or common
interest or any other legal entity.
The area designated as such in the Pinelands Protection Act,
N.J.S.A. 13:18A-1 to 13:18A-29, as amended.
A use right allocated to certain lands within the Township
and the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that can be
used to secure a residential density bonus on certain other lands
within the Township and the Pinelands Area.
[Added 5-6-1983 by Ord. No. 7-1983]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
See N.J.A.C. 7:50-6.43.
[Added 12-19-2012 by Ord. No. 17-2012]
N.J.S.A. 13:18A-1 to 13:18A-29.
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 or minerals.
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
[Amended 4-6-1989 by Ord. No. 11-1989]
The use of land or buildings by the governing body of the
Township or any officially created authority or agency thereof.
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.
[Added 4-6-1989 by Ord. No. 11-1989]
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 offices of the Commission.
[Added 2-5-1998 by Ord. No. 35-1997]
Any recreational facility which does not satisfy the definition
of low-intensive recreational facility.
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.
[Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No.
35-1997]
The dredging, digging, extraction 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.
[Amended 4-6-1989 by Ord. No. 11-1989]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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 12-19-2012 by Ord. No. 17-2012]
The level below the natural ground surface to which water
seasonally rises in the soil in most years.[7]
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 12-19-2012 by Ord. No. 17-2012]
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 12-19-2012 by Ord. No. 17-2012]
Those lands which are inundated with water throughout the
year.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No.
35-1997]
Any plant material, including grasses, shrubs and trees.
The meaning ascribed to the word in N.J.A.C. 7:50-6.3.
The meaning ascribed to the word in N.J.A.C. 7:50-6.4.
The meaning ascribed to the word in N:J.A.C. 7:50-6.5.
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.