As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY STRUCTURE or USE
A structure or use which:
(1)
Is subordinate to and serves a principal use,
including but not limited to the production, harvesting, and storage
as well as washing, grading and packaging of unprocessed produce grown
on site;
(2)
Is subordinate in area, extent and purpose to
the principal building or a principal use served;
(3)
Contributes primarily to the comfort, convenience
or necessity of the occupants, business or industry of the principal
structure or principal use served; and
[Amended 6-4-1997 by Ord. No. 1997-5]
(4)
Is located on the same parcel as the principal
structure or principal use served, except as otherwise expressly authorized
by the provisions of this chapter.
[Amended 6-4-1997 by Ord. No. 1997-5]
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 or other establishments which coincidentally sell
agricultural products, nor does it include agricultural production
facilities such as a farm itself, nor facilities which are solely
processing facilities.
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings for the seasonal use of employees of
an agricultural or horticultural use, which because of their character
or location are not to be used for permanent housekeeping units and
which are otherwise accessory to a principal use of the lot for agriculture.
AGRICULTURAL OR HORTICULTURE PURPOSE 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 and 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 an
agency of the federal government.
AGRICULTURAL PRODUCTS PROCESSING FACILITY
A facility designed, constructed and operated for the express
purpose of processing agricultural products grown in the Pinelands,
including washing, grading, and packaging of those products.
AGRICULTURE
The growing and harvesting of crops or the raising and breeding
of livestock with accessory buildings incidental to agricultural uses.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in supporting members of a building or in the
dimensions or configurations of the roof or exterior walls or additions
to a structure requiring walls, foundations, columns, beams, girders,
posts or piers, or the moving of a structure.
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,
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 8-3-2004 by Ord. No. 2004-9;
amended 12-4-2018 by Ord. No. 2018-13]
APPLICANT
A developer submitting an application for development.
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 Township, except as provided in §
110-21A.
APPROVAL AGENCY
Any board, body or other authority within the Township with
authority to approve or disapprove subdivisions, site plans, construction
permits, zoning permits, building permits, or other applications for
development approval.
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 12-18-2012 by Ord. No. 2012-09]
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 12-18-2012 by Ord. No. 2012-09]
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 12-18-2012 by Ord. No. 2012-09]
BUILDING
Any structure, either temporary or permanent, having a roof
and designed, intended or used for the sheltering or protection of
persons, animals, chattel or property of any kind.
BUILDING COVERAGE
The area occupied by all the buildings on a lot measured
on a horizontal plane around the periphery of the foundation and included
in area under the roof of any structure supported by columns but not
having any walls as measured around the outside of the outermost extremities
of the roof above the columns.
BUILDING HEIGHT
The vertical distance measured from grade to the highest
point of the roof for flat roofs, to the deckline for mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
CAMPER
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation or other short-term uses. "Camper"
does not include mobile homes or other dwellings.
CAMPSITE
A place used or suitable for camping, on which temporary
shelter such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.
CERTIFICATE OF 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.
CHANNEL
The bed and banks of a river, stream, brook or spring which
convey water most of the time.
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 12-18-2012 by Ord. No. 2012-09]
CLUSTER DEVELOPMENT
The development based on an overall density for the entire
tract allowing reduced lot sizes so that higher densities result in
individual segments of the tract, provided that the gross density
of the entire tract permitted by this chapter is not exceeded and
the open space preservation is an integral part of the design.
COMMISSION
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act, as amended.
COMMON PROPERTY
The land or water or a combination of land and water, together
with improvements, designed and intended for ownership, use and responsibility
by the tenants and owners of the dwelling units in the development.
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 the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Planning Board.
CONTIGUOUS LAND
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 3-2-1993 by Ord. No. 1993-3]
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 12-18-2012 by Ord. No. 2012-09]
CORNER LOT
Any principal or accessory building located on a corner lot
shall have a minimum setback from both street right-of-way lines equal
to the required front yard and shall not interfere with the required
site triangle. The remaining yards shall both be considered as side
yards with respect to setback. Corner lots shall meet or exceed the
requirements of the zone where located both as to frontage and setback.
In no case shall the frontage be less than 200 feet on any street.
Measurement shall be made from the ends of the connecting curve.
DENSITY
The average number of housing units per unit of land.
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway and the flood
hazard area and of the water surface elevations.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
enforceable proprietary interest in such land.
DEVELOPMENT
The change of or enlargement of any use or disturbance of
any land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including but not limited
to:
(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 resource extraction or drilling
or excavation on a parcel of land;
(5)
Demolition of a structure or removal of trees;
(6)
Commencement of forestry activities;
(7)
Deposit of refuse, solid or liquid waste or
fill on a parcel of land;
(8)
In connection with the use of land, the making
of any material change in noise levels, thermal conditions, or emissions
of waste material; and
(9)
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, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance
of a construction permit, subdivision or site plan approval.
DEVELOPMENT, MAJOR
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
DISKING
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 12-18-2012 by Ord. No. 2012-09]
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes 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.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter
1 of Title 58 of the Revised Statutes.
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 12-18-2012 by Ord. No. 2012-09]
DUPLEX
A single-family, semidetached dwelling unit having only one
dwelling unit from ground to roof and only one wall in common with
another dwelling unit.
DWELLING
Any structure or portion thereof which is designed or used
for residential purposes.
DWELLING, DETACHED
A building detached from other buildings for residence purposes
for one family and which has its own cooking, sleeping, sanitary and
general living facilities.
DWELLING UNIT
One or more rooms located within a structure forming a single
habitable unit containing living, cooking, sleeping and sanitary facilities
for one family.
ECOLOGICAL MANAGEMENT
Land management practices focused on maintaining and enhancing
the natural values of land to conserve native biological diversity.
[Added 12-18-2012 by Ord. No. 2012-09]
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 electric company; a substation of or interconnection
point with another interconnecting utility company; or a substation
of a high-load customer of the utility.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
FAMILY
One or more persons living and cooking together in a dwelling
unit as a single housekeeping unit.
FINAL APPROVAL
Final approval is the official action of the Planning Board
taken on a preliminary approved plat after all requirements, conditions,
engineering plans, etc., have been completed and the required improvements
have been installed or performance guarantees properly posted for
their condition. A plat that receives such final approval must have
been prepared by a licensed land surveyor in compliance with all provisions
of Chapter 291 Laws of 1975 and is the map which must be filed with
the County Clerk within 95 days after such action in order to make
the approval binding. For goad cause, the Planning Board may extend
the period for recording for an additional period not to exceed 190
days from the date of signing of the plat.
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.
FLOOD HAZARD AREA
The floodway and additional portions of the floodplain that
are subject to flood flow at lesser depths and lower velocities than
the floodway, that are inundated by the design flood.
FLOODPLAIN
A relatively flat area adjoining a channel which has been
or may be hereafter covered by floodwater from the channel. The lands
located within such right-of-way shall not be included in the calculation
of any required lot area.
FLOODWAY
The channel of a watercourse and portions of the adjacent
floodplain that carry the greater part of the flood flow at greater
depths and velocities than do other parts of the floodplain, that
constitute the minimum area required for the passage of floodwaters
without aggravating flood conditions upstream and downstream, that
are necessary to preserve the natural regimen for the river or stream
for the reasonable passage of the design flood.
FLOOR AREA
The total floor area in a structure measured by using the
outside dimensions of the building at each story. The gross floor
area of units sharing a common wall shall be measured from the center
of interior walls and the outside exterior walls. In residential uses
the gross floor area shall exclude the area of the garage, attic,
open porch or patio, cellar, utility areas, heating and cooling rooms,
and all portions of floor area which have a ceiling height above them
of less than 7 1/2 feet. In nonresidential structures, the gross
floor area shall exclude areas used for utility and heating and cooling
and other mechanical equipment but shall include all other areas including
cellar and warehousing and storage areas, regardless of ceiling height.
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 6-4-1997 by Ord. No. 1997-5; 12-18-2012 by Ord. No.
2012-09]
(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 12-18-2012 by Ord. No. 2012-09]
GARAGE, PRIVATE
A structure accessory to a residential structure or a portion
of the main residential building for the parking of the vehicles of
the occupant of the lot.
GENERAL TERMS AND CONDITIONS
The general terms and conditions are those set forth in Chapter
291 of the Laws of 1975, the Municipal Land Use Law, as defined by judicial determinations.
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 12-18-2012 by Ord. No. 2012-09]
HABITAT
The natural environment of an individual animal or plant,
population, or community.
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 6-4-1997 by Ord. No. 1997-5]
HOME OCCUPATION or SERVICE
Home occupations are permitted in any residential district but only as a conditional use which meets all of the criteria for said conditional use as provided in §
110-106H of this chapter.
HOME OFFICE; ELECTRONIC OFFICE
A telecommunications office is a permitted use in any residence
in any zoning district in the municipality, when conducted solely
by the residents of the dwelling. It shall have no employees, no clients
coming to the premises and no sign. It shall in no way affect the
nature and character of the residential zone or dwelling in which
it is located. Pick up and deliveries by common carrier such a UPS
or Fed Ex are permitted for all uses, in all districts. Sales of goods
or products from the premises are prohibited.
[Added 5-5-1998 by Ord. No. 1998-5]
HYDROPHYTES
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILY
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 6-4-1997 by Ord. No. 1997-5; 12-4-2018 by Ord. No.
2018-13]
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10
-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Amended 12-18-2012 by Ord. No. 2012-09]
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 12-18-2012 by Ord. No. 2012-09]
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 12-18-2012 by Ord. No. 2012-09]
INDUSTRIAL PARK
A tract comprehensively planned for industrial uses whether
or not the buildings are erected in one development stage or over
a period of time.
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.
[Added 5-1-2001 by Ord. No. 2001-5]
INTERESTED PERSON
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter, or whose
right to use, acquire or enjoy property under this chapter or under
any other law of the state or of the United States has been denied,
violated or infringed upon by an action or a failure to act under
this chapter.
INTERIM RULES AND REGULATIONS
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of application
from the adoption of the regulation until the Comprehensive Management
Plan took effect on January 14, 1981. These regulations were formerly
codified as N.J.A.C. 7:1G-1 et seq.
LAND
The surface and subsurface of the earth as well as improvements
and fixtures on, above, or below, the surface and any water found
thereon.
LOCAL COMMUNICATIONS FACILITY
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point-to-point communication, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
[Added 6-4-1997 by Ord. No. 1997-5]
LOT
A parcel or portion of land separated from other parcels
or portions by description as on a subdivision or record of survey,
map or by metes and bounds for purpose of sale, lease, or separate
use.
LOT AREA
The area contained within the lot lines. Lot area for a single-family
detached dwelling shall include as a minimum one acre of contiguous
lands arranged in a common geometric pattern such as a square, rectangle,
etc., suitable for construction of a dwelling and its accessory structures.
The computation for the one acre shall exclude any rights-of-way,
any lakes, streams, floodways, flood hazard areas, drainage basins
and drainage structures, wetlands, environmentally sensitive land,
slopes exceeding 20%, areas of tract which contain a historic resource
and/or areas of tract encumbered by either an easement which prohibits
aboveground uses or structures (as opposed to underground piping)
or deed restriction which would prohibit construction or structures
normally allowed as either a principal or accessory use in that zoning
district. Buffers may be included within the minimum lot area.
[Added 4-3-1990 by Ord. No. 1990-1; amended 3-2-1993 by Ord. No. 1993-3]
LOT DEPTH
The shortest distance between the front lot line and a line
drawn parallel to the front line through the midpoint of the rear
lot line.
LOT FRONTAGE
The horizontal distance between the side lot lines measured
along the street line. In the case of a corner lot, the lot frontage
shall be measured along both streets upon which the lot fronts from
the ends of the connecting curve at the intersection of the two streets.
[Amended 12-7-1999 by Ord. No. 1999-8]
LOT LINE
Any line forming a portion of the exterior boundary of a
lot which shall be the same line as the street line for that portion
of a lot abutting a street.
LOT WIDTH
The horizontal distance measured between side lot lines.
The horizontal distance is measured at the minimum setback required.
The distance must be equal or greater than a 150 feet radius drawn
from the minimum setback points on each lot.
[Amended 4-8-1997 by Ord. No. 1997-2]
MAINTENANCE GUARANTEE
Any security which may be accepted and approved by a municipality
for the maintenance of any improvements required by this Act.
MAJOR SITE PLAN
All site plans not meeting the definition of minor site plan
or applicable for site plan waiver.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the municipality which has been duly adopted
by the Planning Board, as set forth in N.J.S.A. 40:55D-28.
MINOR SITE PLAN
Site development which is not large in scale but which does
not qualify for site plan waiver, submission as a minor site plan
shall be permitted. A minor site plan shall be defined as:
(1)
Building construction of less than 1,000 square
feet; and/or
(2)
Clearing, grading, paving or excavation of less
than 1,500 square feet.
MINOR SUBDIVISION
(1)
Any subdivision containing not more than three lots including the remaining portion of the original lot, parcel or tract, fronting on an existing street, not involving any new street or road or the extension of municipal facilities, nor requiring the improvements enumerated in Article
VII of this chapter, and not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Official Map, or this chapter. The Planning Board shall reserve the option to require the improvements as set forth in Article
VII of this chapter in lieu of classifying an application as a major subdivision.
(2)
Any rearrangement of lot lines which does not
increase the number of building lots and/or which creates parcels
which are to be consolidated with existing lots shall be classified
as a minor subdivision, provided that it meets the applicable criteria
set forth in other parts of this definition, and provided further
that either a deed of consolidation or a filed plat indicating such
consolidation is presented and recorded.
(3)
In computing whether a subdivision contains
not more than three lots, there shall be counted all lots created
on the parcel or portion thereof within four years of the date of
submission. A rearrangement of lot lines as is set forth above shall
not be counted in this number unless a new building lot has been created.
MINOR SUBDIVISION PLAT
The minor subdivision map indicating the proposed layout of the subdivision and which contains all of the information required by Article
VI of this chapter which is submitted to the Secretary of the Planning Board for Planning Board appraisal and meeting the legal requirements of Article
VI of this chapter, and, which, if approved, shall be filed with the proper recording officer.
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy and which can be transported after fabrication
to a site where it is to be occupied.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 12-18-2012 by Ord. No. 2012-09]
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building
Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing
such adoption. Such a map shall be deemed to be conclusive with respect
to the location and width of the streets, public parks and playgrounds,
and drainage right-of-way shown thereon.
OFF-SITE IMPROVEMENTS
Improvements made outside the original tract to accommodate
conditions generated inside the original tract that are transferred
off site as a result of the proposed development.
OPEN SPACE [Amended 4-3-1990 by Ord. No. 1990-1]
(1)
Any parcel or area of land or water essentially
unimproved and set aside, dedicated, designed or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of lands adjoining or neighboring such open space, provided
that such areas may be improved with those buildings, structures,
streets and off-site parking and other improvements that are designed
to be incidental to the natural openness of the land. Open space which
is to be offered to the Township for dedication or presented to a
homeowners' organization must be composed of at least 50% uplands,
which uplands are to be accessible so that such portion of the open
space is usable by the residents of the Township. All of the uplands
of the open space, where appropriate based upon the existing site
conditions, must be improved with good quality grass rather than weeds.
The property must be cleaned, and all low brush, briers and debris
must be removed. No dead trees shall either be standing or lying on
the site. In some cases, appropriate compensatory plantings and/or
landscaping may be necessary, particularly where active recreation
facilities are proposed to be installed by the developer on the open
space. If any of the aforesaid open space, either uplands or wetlands,
includes either ponds or streams, or both, said ponds or streams must
be cleaned and desilted prior to their offer of dedication to the
municipality or presentation to the homeowners' organization. The
percentage requirement set forth herein may be the subject of a bulk
variance should cause exist. Additionally, there may be a waiver granted
with respect to clearing of the site based on ecological or other
considerations.
(2)
All clearing upon the site and any cleaning
and desilting of ponds and streams must be done as limited by the
CMP and with the approval of the Pinelands Commission. All lands set
aside for recreational facilities shall be designated as public open
apace in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-6.
All open space shall be permanently dedicated through deed restriction
with no further development permitted other than improvements that
are designed to be incidental to the natural openness of the land,
with the sole exception being public open space which shall allow
for the construction of recreational or conservational facilities,
all pursuant to N.J.S.A. 40:55D-5 and 40:55D-6. In the Rural Development
Area where cluster housing is involved, the recreation areas constructed
as part of the public open space shall be limited to 10% of the total
tract, provided that only land exceeding 3.2 acres per unit may be
used for this purpose.
[Added 9-4-1990 by Ord. No. 1990-7]
OWNER
Any individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
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 6-4-1997 by Ord. No. 1997-5]
PARKING SPACE
An area either within a structure or in the open for the
parking of motor vehicles. The area of a parking space is intended
to be of sufficient area to accommodate the exterior extremities of
the vehicle whether in addition thereto wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. The width and length of each space shall be measured
perpendicular to each other and shall be as required by the provisions
of this chapter, regardless of the angle of the parking space to the
access isle or driveway.
PERFORMANCE GUARANTEE
Any security which may be accepted by a municipality including
cash, provided that the municipality shall not require more than 10%
of the total performance guarantee in cash; this may include performance
bonds, acceptable letters of credit, acceptable escrow agreements
and other similar collateral or surety agreement approved in substance
and inform by the Township Solicitor and Township Committee which
may be accepted in lieu of requirement that certain improvements be
made by the Planning Board or other approving body which approves
a plat adapted in accordance with requirements as set forth under
N.J.S.A. 40:55D-32.
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 12-18-2012 by Ord. No. 2012-09]
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PERSON
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
PINELANDS AREA
That area designated as such by Section 10(a) of the Pinelands
Protection Act.
PINELANDS DEVELOPMENT CREDIT
A use right allocated to certain lands within the Township
pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential
density bonus in Regional Growth Areas located in Shamong Township
and other Pinelands municipalities.
PINELANDS DEVELOPMENT REVIEW BOARD
The agency responsible from February 8, 1979 until June 28,
1979 for the review of and action an applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
PINELANDS RESOURCE RELATED USE
Any use which is based on resources which are indigenous
to the Pinelands, including but not limited to forest products, berry
agriculture and sand, gravel, clay or ilmenite.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size of at least 15 acres
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any other uses incidental
to the predominant use as may be permitted in this chapter.
[Added 9-4-1997 by Ord. No. 1997-8]
PLANNING BOARD
The Municipal Planning Board established pursuant to N.J.S.A.
40:55D-23.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The official action taken in a preliminary plat by the Planning
Board meeting in regular session which determines whether or not the
map submitted is in proper form and meets the established standards
adopted for design, layout and development of the subdivision. Such
approval confers certain irrevocable rights upon a subdivider for
a period of three years on condition that the general terms on which
the approval was granted shall not be changed, including but not limited
to, Use requirements:
(1)
Layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements,
except nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety;
(2)
That the applicant may submit for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary subdivision plat; and
(3)
That the applicant may apply for and the Planning
Board may grant, extensions on such approval for additional periods
of two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of Article
VI of this chapter.
PRINCIPAL USE
The main purpose for which any lot or building is used.
PRIVATE SCHOOL
An institution of education whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education and not supported primarily by public funds.
PROFESSIONAL OFFICE
The office of a physician, dentist, psychologist, lawyer,
engineer, accountant, architect, or land surveyor.
PROPERTY MAP
A map prepared from actual surveys giving all pertinent survey
data for the outside boundary and all blocks within the subdivision.
It shall also show the locations and dimensions of all streets and
show easements within or contiguous to the property with deed or dedication
reference and it shall conform to the detailed regulations as specified
in this chapter.
PUBLIC AREAS
Public parks, playgrounds, trails, paths or other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC DEVELOPMENT
Development, including subdivision, by any township or other
government agency.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwaters,
sewers, or drainage ditches or required along a natural stream or
watercourse for preserving the channel and providing for the flow
of waters to safeguard the public against flood damage, sedimentation,
and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
municipality, a municipal agency, Board of Education, state or county
agency, or other public body for recreational or conservational purposes.
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.
PUBLIC UTILITIES MAP
A map showing all utility easements, storm drains, open drainage
channels, water and gas mains, telephone and electric service trunk
lines, railroads and is to conform to the specifications as outlined
in this chapter.
QUORUM
A majority of the full authorized membership of a municipal
agency.
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 6-4-1997 by Ord. No. 1997-5]
RECREATIONAL FACILITY, INTENSIVE
Any recreational facility which does not satisfy the definition
of low intensive recreational facility, including but not limited
to golf courses, amusement parks, hotels, and motels.
RECREATIONAL FACILITY, LOW INTENSIVE
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Amended 6-4-1999 by Ord. No. 1997-5]
RECREATIONAL VEHICLES
Boats, campers, trailers and related vehicles intended for
temporary dwelling purposes. Recreational vehicles shall not include
house trailers or mobile homes.
RESIDENTIAL DENSITY
The number of dwelling units per gross area of residential
land area, including streets and open space portions of a development.
RESOURCE CONSERVATION PLAN
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
RESOURCE EXTRACTION
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay, or ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
RESOURCE MANAGEMENT SYSTEM PLAN
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.
[Added 12-18-2012 by Ord. No. 2012-09]
RIGHT-OF-WAY
The total width and length of the course of property along
a street, watercourse, utility alignment or other way and within which
all improvements and rights of access are confined.
RIPARIAN YARD
The watercourse, the flood hazard area and a contiguous area
that buffers the watercourse or the floodplain from abnormal fluctuations
in discharge and burdens of foreign substance which could arise from
careless development.
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 12-18-2012 by Ord. No. 2012-09]
SANITARY LANDFILL
The means by which refuse is deposited, compacted and covered
with clean fill, and meeting all the requirements of the New Jersey
Department of Environmental Protection, Public Utilities Authority,
and the municipality.
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
SEED TREE CUT
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 12-18-2012 by Ord. No. 2012-09]
SERVICE STATION
The lands and buildings where motor fuel, lubricants and
miscellaneous accessories for motor vehicles are sold and dispensed,
and where services are rendered for engine and mechanical repairs,
but where no vehicular painting and/or body work is done, and where
no junked or unregistered motor vehicles are so kept or stored.
SETBACK LINE
A line drawn parallel to a street line or lot line and drawn
through the point of the building nearest to the street line or lot
line beyond which a building does not project. The minimum yard requirements
shall be the minimum required setbacks.
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 12-18-2012 by Ord. No. 2012-09]
SIGN
Any announcement, declaration, demonstration, display, illustration
or insignia used to advertise, to promote the interest of any person
or product when same is placed in a position to be seen by the general
public from any street or public way. Signs do not induce the flag
or emblem of any national organization of nations, state or city,
or any fraternal, religious or civic organizations merchandise pictures
or models of products or services incorporated in a window display;
works of art which in no way identify a product; or scoreboards located
on athletic fields.
SILTATION BASIN
A facility through which stormwater is directed and which
is designed to collect silt and eroded soil.
SITE LOCATION MAP
A map that gives the location of the existing principal roads,
built-up areas, nearby shopping centers, all public buildings and
various zoning districts and is to conform to detailed specifications
as outlined in this chapter.
SITE PLAN
A development plan of one or more lots on which is shown:
(1)
The existing and proposed conditions of the
lot, including, but not necessarily limited to, topography, vegetation,
drainage, floodplains, marshes and waterways;
(2)
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and
(3)
Any other information that may reasonably be
required in order to make and form a determination pursuant to this
chapter.
SITE PLAN WAIVER
(1)
Any applicant may request a waiver from site
plan review as required under the terms of this chapter providing
applicant's site plan involves:
(a)
Conditions for existing buildings:
[3]
No extension of the on-tract parking requirements;
and
[4]
No change in the existing drainage.
(b)
Construction or use for agricultural purposes:
construction of a building or use of premises for agricultural purposes,
this construction or use not covered in the exemptions set forth above.
(2)
Notwithstanding the above, site plan waivers
shall not be granted for commercial forestry operations or the continuation
of resource extraction operations.
SITE TRIANGLE EASEMENT
A grant to the county or Township sufficient to fulfill the
intent and purpose of the easement as provided for in the site plan
review section of this chapter.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion. "Sketch plat" is also referred
to as a concept plat.
STANDARDS OF PERFORMANCE
Standards adopted by ordinance regulating noise level, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic materials, explosive and inflammable matters,
smoke and airborne particles, waste discharge, screening of unsightly
objects or conditions and such other similar matters as may be reasonably
required by the municipality or required by applicable federal or
state laws or municipal ordinances.
STORY
That portion of a building comprised between a floor and
the floor next above it. A half-story is between a floor and the roof
with the height of not less than 7 1/2 feet of clear space above
at least 1/3 of the floor area.
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 or a street or way
on a plat duly filed and recorded in the Office of the County Clerk
prior to the appointment of a Planning Board and the grant to such
Board of the power to review plats and include 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. For the purpose of this chapter, streets shall be
classified as follows:
(1)
Controlled access highways are those that are
used by heavy through traffic and which permit no access from abutting
property.
(2)
Arterial streets are those which are used primarily
for fast or heavy traffic.
(3)
Major thoroughfares are those which are used
primarily far heavy local and through traffic.
(4)
Minor streets are those which are used primarily
for access to the abutting properties.
(5)
Collector streets are those which carry traffic
between minor streets and major thoroughfares, including the principal
entrance streets of a residential development and streets for circulation
within such a development.
(6)
Marginal service streets are those which are
parallel or adjacent to controlled access highways or major thoroughfares
and which provide access to abutting properties and protection from
through traffic.
STREET LINE
The edge of the street right-of-way forming the dividing
line between the street and a lot.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location whether installed on,
above, or below the surface of a parcel of land or attached to something
having a fixed location on, above or below the surface of land.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership
or corporation trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder.
SUBDIVISION
(1)
The division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, for sale or building development, except
that the following divisions shall not be considered subdivisions;
provided, however, that no new streets or roads are involved and no
new development occurs or is proposed in connection therewith:
(a)
Division of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size;
(b)
Division of property by testamentary or intestate
provisions;
(c)
Division of property upon court order; and
(d)
Conveyances so as to combine existing lots by
deed or other instrument.
(2)
Subdivision also includes resubdivision.
SWIMMING POOL
The facilities constructed above or below ground having a
depth of more than two feet or a water surface of 100 square feet
or more and designed and maintained for swimming purposes. Swimming
pools shall include all buildings, structures, equipment and appurtenances.
THINNING
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 12-18-2012 by Ord. No. 2012-09]
TOPOGRAPHIC MAP
A map must show contours, existing buildings and other structures,
watercourses, wooded areas, location of test pits or borings and conform
to the specifications as outlined in this chapter.
TOWNHOUSE
One dwelling unit in a line of three or four or more attached
dwelling units, with each dwelling unit from ground to roof and having
individual outside access.
UTILITY
The services provided to a use including, but not limited
to, sewerage treatment, water supply, gas, electric and telephone.
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 6-4-1997 by Ord. No. 1997-5]
WETLANDS
Those lands which are inundated or saturated with water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture, and are further defined in N.J.A.C. 7:50-6.3 through
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 12-18-2012 by Ord. No. 2012-09]
WETLANDS 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, Baybora, Berryland,
Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St.
Johns, and Freshwater Marsh and Tidal Marsh soil types.
YARD
An open space extending between the closest point of any
building and a lot line or street line. In an apartment or townhouse
complex, "yard" shall also be the open space extending between structures.
All angles shall be right angles to either a straight street line,
lot line, or building facade, or perpendicular to the point of tangent
of curblines and facades.
YARD, FRONT
The area extending across the full width of a lot line between
the street line and the building, and for apartment and townhouses
constructed on the interior of a lot, the front yard shall be measured
from the designated front of the building to an imaginary line a designated
distance away from the front of the building.
YARD, REAR
The open space extending across the full width of the lot
between the rear lot line and the building, and for apartment and
townhouses constructed on the interior of the lot, the rear yard shall
be measured from the designated rear of the building to an imaginary
line a designated distance away from the rear of the building.
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
building. The, side yard for apartments and townhouses constructed
on the interior of a lot shall be measured from the designed side
of the building to an imaginary line a designated distance away from
the side of the building. The minimum distance between structures
in the apartment or townhouse complex shall be the sum of the two
yards and in no event shall the two structures be closer to one another
than the sum of both side yards.