Township of Pemberton, NJ Definitions

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.

CANNABIS CONSUMPTION AREA

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.

CANNABIS

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]

CANNABIS CULTIVATOR

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]

CANNABIS DELIVERY SERVICE

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]

CANNABIS DISTRIBUTOR

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]

CANNABIS ESTABLISHMENT

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

[Added 8-18-2021 by Ord. No. 29-2021]

CANNABIS EXTRACT

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]

CANNABIS ITEM

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]

CANNABIS LEAF

The leaf of the plant Cannabis sativa L. within the plant family Cannabaceae.

[Added 8-18-2021 by Ord. No. 29-2021]

CANNABIS MANUFACTURER

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]

CANNABIS PARAPHERNALIA

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]

CANNABIS PRODUCT

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]

CANNABIS RESIN

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]

CANNABIS RETAILER

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]

CANNABIS TESTING FACILITY

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]

CANNABIS WHOLESALER

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]

CARPORT

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]

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 FARM

[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

COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES

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.

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]

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]

COMMISSION

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]

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]

CONDITIONAL LICENSE

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]

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).

CONSUMER

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]

CONSUMPTION

The act of ingesting, inhaling, or otherwise introducing cannabis items into the human body.

[Added 8-18-2021 by Ord. No. 29-2021]

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. 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]

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]

DELIVERY

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]

DEPARTMENT

The News Jersey Department of Health.

[Added 8-18-2021 by Ord. No. 29-2021]

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]:

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.

[Amended 5-30-1979 by Ord. No. 8-1979]:

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]

FARM

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]

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]

FOOTPRINT

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]

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. 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]

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.

GAZEBO

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]

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 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]

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:

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.

HOSPITAL, REST HOME AND NURSING HOME

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.

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.

IMMEDIATE FAMILY

Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.

[Added 8-7-2019 by Ord. No. 24-2019]

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]

LICENSE

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]

LICENSEE

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]

LICENSEE REPRESENTATIVE

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]

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]

MANUFACTURE

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]

MATURE CANNABIS PLANT

A cannabis plant that is not an immature cannabis plant.

[Added 8-18-2021 by Ord. No. 29-2021]

MEDICAL CANNABIS

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]

MICROBUSINESS

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]

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]

PERGOLA

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]

PERMITTED USE

Any use of land or buildings as permitted by this chapter.

PORTABLE HOME STORAGE UNIT

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]

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]

PREMISES or LICENSED PREMISES

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]

PRINCIPAL BUILDING OR STRUCTURE

A building or structure in which the principal use is conducted.

[Added 3-16-2022 by Ord. No. 8-2022]

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.

PRODUCE

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]

PROVIDER

A company that provides wireless services via a local communications facility.

[Added 8-17-2000 by Ord. No. 9-2000]

PUBLIC PLACE

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]

PUBLIC PURPOSE

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]

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 STORAGE SHED

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]

SEA BOX

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]

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, 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]

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.

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.

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]

Ashco RES III;

FAST;

Cromaglass;

Bioclere; and

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:

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.

ELECTRIC DISTRIBUTION LINES

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]

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:

Another substation of the utility company;

A substation of or interconnection point with another interconnecting utility company;

FISH AND WILDLIFE MANAGEMENT

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)

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]

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;