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Township of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
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. 
Definitions of Township-wide application. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE OR USE
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]
ADMINISTRATIVE OFFICER
The Planning Board and/or Zoning Board Secretary, as may be appropriate.
[Added 5-30-1979 by Ord. No. 8-1979]
AFFORDABLE SENIOR CITIZEN HOUSING
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]
AGRICULTURE
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]
AIRPORT SAFETY ZONE
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]
ALTERATIONS OR ADDITIONS, STRUCTURAL
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]
ALTERNATIVE TOWER STRUCTURE
Mounting structures that camouflage or conceal the presence of towers.
[Added 8-17-2000 by Ord. No. 9-2000]
ANTENNA
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]
APPLICATION FOR DEVELOPMENT
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]
BACKHAUL NETWORK
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]
BALCONY
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]
BASEMENT
A story having more than 25% of its clear height below average contact grade.
BICYCLE LANE (BIKE LANE)
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]
BICYCLE PATH (BIKE PATH)
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]
BIKEWAY
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]
BILLBOARD
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]
BUILDING
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]
BUILDING COVERAGE
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.
BUILDING HEIGHT
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.
(1) 
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.
(2) 
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.
(3) 
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.
CHILD-CARE CENTER
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]
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
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.
COLLOCATION
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]
COMMERCIAL PIGGERIES
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]
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES
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]
COMMON PROPERTY
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.
COMPLETE APPLICATION
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]
CONDITIONAL USE
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]
CONDOMINIUM
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).
COUNTY PLANNING BOARD
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]
DECK
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.
[Added 12-20-2001 by Ord. No. 18-2001]
DECK, ATTACHED
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]
DECK, DETACHED
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]
DECK, GRADE LEVEL
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]
DECK HEIGHT
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]
DWELLING, DETACHED
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.
DWELLING UNIT
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.
EQUIPMENT SHED/SHELTER
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]
EXEMPT HOME OCCUPATION
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]:
(1) 
No person other than members of the household residing on the premises shall be engaged in such occupation.
(2) 
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.
(3) 
There shall be no external auditory or visual evidence of the exempt home occupation.
(4) 
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.
(5) 
No site plan approval is required for an exempt home occupation use.
FAA
The Federal Aviation Administration.
[Added 8-17-2000 by Ord. No. 9-2000]
(1) 
A 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.
(2) 
Buildings 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]
FCC
The Federal Communications Commission.
[Added 8-17-2000 by Ord. No. 9-2000]
FIRST-FLOOR AREA
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.
FLAG LOT
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]
FLOODPLAIN
The relatively flat terrain adjoining a water channel which has been or may be hereafter covered by floodwater of the channel.
FLOOR AREA, FINISHED
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]
GARAGE, PRIVATE
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.
[Amended 3-3-1978 by Ord. No. 1-1978; 8-6-1982 by Ord. No. 16-1982]
GARAGE, PUBLIC
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.
GARDEN APARTMENT
An apartment containing a minimum of six dwelling units and not exceeding two stories in height.
GOLF COURSE
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.
GRADE, FINISHED
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]
GROSS FLOOR AREA
The area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. 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.
HEIGHT
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]
HOME OCCUPATION
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.
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating in a cluster or planned unit development under recorded land agreements through which:
(1) 
Each lot owner is automatically a member.
(2) 
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.
(3) 
Each owner and tenant has the right to use the common property.
HOSPITAL, REST HOME AND NURSING HOME
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.
HOUSEKEEPING UNIT
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.
INDUSTRIAL PARK
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.
INTERESTED PARTY
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]
LATTICE TOWER
A freestanding tower with multiple legs and cross-bracing of structural steel.
[Added 8-17-2000 by Ord. No. 9-2000]
LIQUEFIED PETROLEUM (LP) GAS DISTRIBUTION POINT
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]
LOADING SPACE
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.
LOT
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.
LOT AREA
The area contained within the lot lines of a lot, but not including any portion of a street right-of-way.
LOT, CORNER
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°.
LOT DEPTH
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.
LOT FRONTAGE
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]
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
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.
LOT WIDTH
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]
MINOR SITE PLAN
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]
MOBILE HOME
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.
MONOPOLE
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]
NONCONFORMING BUILDING OR STRUCTURE
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.
NONCONFORMING LOT
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.
NONCONFORMING USE
A use occupying a building, structure or lot which does not conform to the use regulations of the district in which it is located.
PARKING SPACE
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]
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PREEXISTING TOWERS AND ANTENNAS
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]
PRINCIPAL USE
The main purpose for which a lot or building is used.
PRIVATE SCHOOL
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.
PROVIDER
A company that provides wireless services via a local communications facility.
[Added 8-17-2000 by Ord. No. 9-2000]
PUBLIC PURPOSE
The use of land by the Township Committee, Township School Board or some officially created Township agency, authority or commission of the Township.
PUBLIC UTILITY
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]
RESIDENTIAL AGRICULTURE
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]
RESIDENTIAL TOOL SHED
A structure with dimensions that are not less than 60 square feet nor greater than 200 square feet in area and not exceeding 10 feet in height, used solely for storage, except for the storage of cars and trucks and not for the housing of animals, For residential tool sheds over 100 square feet in area, specific foundation systems shall be in accordance with law and the Uniform Construction Code.
[Added 12-20-2001 by Ord. No. 18-2001]
SERVICE STATION
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.
SETBACK LINE
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.
SIGN
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]
SITE PLAN REVIEW
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]
STORY
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.
STREET
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]
STREET LINE
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.
STRUCTURE
Anything constructed, assembled or erected which requires location on the ground or attachment to something having location on the ground, including buildings, fences, tanks, towers, signs, advertising devices, swimming pools and tennis courts.
STRUCTURAL HEIGHT
Same as "building height."
SUBDIVISION[4]
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]
SUBDIVISION APPLICATION
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]
SWIMMING POOL, PORTABLE
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.
SWIMMING POOL, PRIVATE RESIDENTIAL
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.
TAXICAB OPERATIONS
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]
TOWER
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]
TOWER, MULTIUSER
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]
TOWNHOUSE
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.
TOWNSHIP
The Township of Pemberton, Burlington County, New Jersey.
TRACT
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.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
[Added 5-2-1980 by Ord. No. 12-1980]
TRAVEL TRAILER
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
[2]
Editor's Note: See Ch. 159, Subdivision of Land.
[3]
Editor's Note: See § 190-45.
[4]
Editor's Note: See Ch. 159, Subdivision of Land.
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]
[5]
Editor's Note: See N.J.S.A. 40:55D-3 through 55D-7. Note that some terms referred to herein are also defined elsewhere in § 190-5B.
D. 
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]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
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.
[Amended 4-6-1989 by Ord. No. 11-1989]
AGRICULTURAL OR HORTICULTURAL PURPOSES OR 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 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]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
AGRICULTURAL SERVICE ESTABLISHMENT
An establishment the purpose of which is the sale of goods, commodities or services that support active farm operations.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
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]
(1) 
Ashco RES III;
(2) 
FAST;
(3) 
Cromaglass;
(4) 
Bioclere; and
(5) 
Amphidrome.
ANIMALS, THREATENED OR ENDANGERED
Those animals specified in N.J.A.C. 7:50-6.32.
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 § 190-66A(2) of this chapter.
[Added 4-6-1989 by Ord. No. 11-1989]
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.
[Added 5-6-1983 by Ord. No. 7-1983]
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental seeding or planting.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Amended 4-6-1989 by Ord. No. 11-1989]
CERTIFICATE OF APPROPRIATENESS
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]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
COMMISSION
The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.[6]
COMPREHENSIVE MANAGEMENT PLAN
The plan adopted by the Pinelands Commission pursuant to the Pinelands Protection Act, as amended, and contained in N.J.A.C. 7:50.
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.
[Amended 9-16-1993 by Ord. No. 11-1993]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
DAY
For purposes of computing time limits, the word "day" in this chapter refers to a calendar day.
DENSITY
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]
DENSITY TRANSFER DEVELOPMENT RIGHTS (DTDRS)
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]
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:
(1) 
A change in type of use of a structure or land.
(2) 
A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
(3) 
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.
(4) 
Commencement of forestry activities, resource extraction, drilling or excavation on a parcel of land.
[Amended 4-6-1989 by Ord. No. 11-1989]
(5) 
Demolition of a structure or removal of trees.
(6) 
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(7) 
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
(8) 
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 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]
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.
DEVELOPMENT, MINOR
All development other than major development.
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
DWELLING
Any structure or portion thereof which is designed or used for residential purposes.
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. 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]
ELECTRIC DISTRIBUTION LINES
All electric lines other than electric transmission lines.
[Added 4-6-1989 by Ord. No. 11-1989]
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:
(1) 
Another substation of the utility company;
(2) 
A substation of or interconnection point with another interconnecting utility company;
(3) 
A substation of a high-load customer of the utility.
[Amended 4-6-1989 by Ord. No. 11-1989]
ENLARGEMENT
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.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILY
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]
FIRE HAZARD
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)
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:
[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]
(1) 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
(2) 
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
(3) 
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
(4) 
Removal of trees necessary for the maintenance of utility or public rights-of-way;
(5) 
Removal or planting of trees for the personal use of the parcel owner; and
(6) 
Removal of trees for public safety.
FOREST STAND
A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
HABITAT
The natural environment of an individual animal or plant, population or community.
[Repealed 4-6-1989 by Ord. No. 11-1989]
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.
[Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No. 35-1997]
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: 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]
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through or penetrate its pores and 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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Amended 4-6-1989 by Ord. No. 11-1989; 7-12-2001 by Ord. No. 12-2001]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
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.
LANDFILL
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.
LANDSCAPING
The installation of plant material or seed as part of development.
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.
NATURAL REGENERATION
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]
NAVIGABLE WATERS
Water capable of being traversed by pleasure craft.
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.
[Amended 2-5-1998 by Ord. No. 35-1997]
PERMEABILITY
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]
PERSON
An individual, corporation, public agency, business trust, partnership, association, two or more persons having joint or common interest or any other legal entity.
PINELANDS AREA
The area designated as such in the Pinelands Protection Act, N.J.S.A. 13:18A-1 to 13:18A-29, as amended.
PINELANDS DEVELOPMENT CREDIT
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]
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.
[Added 4-6-1989 by Ord. No. 11-1989]
PINELANDS NATIVE FOREST TYPE
See N.J.A.C. 7:50-6.43.
[Added 12-19-2012 by Ord. No. 17-2012]
PINELANDS PROTECTION ACT
N.J.S.A. 13:18A-1 to 13:18A-29.
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 or minerals.
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
[Amended 4-6-1989 by Ord. No. 11-1989]
PUBLIC PURPOSE USES
The use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.
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.
[Added 4-6-1989 by Ord. No. 11-1989]
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.
[Added 2-5-1998 by Ord. No. 35-1997]
RECREATIONAL FACILITY, INTENSIVE
Any recreational facility which does not satisfy the definition of low-intensive recreational facility.
RECREATIONAL FACILITY, LOW-INTENSITY
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]
RESOURCE EXTRACTION
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]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
SEASONAL HIGH-WATER TABLE
The level below the natural ground surface to which water seasonally rises in the soil in most years.[7]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[Added 12-19-2012 by Ord. No. 17-2012]
SUBMERGED LAND
Those lands which are inundated with water throughout the year.
THINNING
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]
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.
[Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No. 35-1997]
VEGETATION
Any plant material, including grasses, shrubs and trees.
WETLANDS
The meaning ascribed to the word in N.J.A.C. 7:50-6.3.
WETLANDS, COASTAL
The meaning ascribed to the word in N.J.A.C. 7:50-6.4.
WETLANDS, INLAND
The meaning ascribed to the word in N:J.A.C. 7:50-6.5.
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.
[Added 12-19-2012 by Ord. No. 17-2012]
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.
[6]
Editor's Note: See N.J.S.A. 13:18A-5.
[7]
Editor's Note: The definitions of "specimen tree" and "standard subsurface sewage disposal system," added 4-6-1989 by Ord. No. 11-1989, which immediately followed this definition, were repealed 2-5-1998 by Ord. No. 35-1997.