Wherever a term is defined in N.J.S.A. 40:55D-1
et seq., the Municipal Land Use Law; N.J.S.A. 13:18A-1 et seq., and
N.J.A.C. 7:50-1 et seq., for the Pinelands area; N.J.S.A. 13:19-1
et seq., N.J.A.C. 7:7D-1.0 et seq. for the CAFRA area; and N.J.S.A.
52:27D-119 et seq. for the Uniform Construction Code and used in this
article, such term is intended to include and have the meaning set
forth in the definition of such term found in said statute and Code
in addition to the definition for such term which may be included
in this article, unless the context clearly indicates a different
meaning.
A.
For the purpose of this chapter, certain terms or
words used herein shall be interpreted or defined as follows:
(1)
Words used in the present tense include the future.
(2)
The singular number includes the plural and the plural,
the singular.
(3)
The word "lot" includes the word "structure."
(4)
The word "zone" includes the word "district."
(5)
The word "occupied" includes the word "designed" and
the phrase "intended to be occupied."
(6)
The word "shall" is mandatory and not directory.
(7)
The word "may" indicates a permissive action.
(8)
The word "abut" shall include the words "directly
across from," "adjacent" and "next to."
(9)
The word "used" shall include "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased" or "intended
to be used."
(10)
The term "such as," where used herein, shall
be considered as introducing typical or illustrative, rather than
an entirely exclusive or inclusive, designation of, permitted or prohibited
uses, activities, establishments or structures.
Certain words, phrases, and terms in this chapter
are defined for the purpose herein as follows:
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot, except that:
[Added 4-19-2017 by Ord.
No. 553-2017]
In the R-1, R-2, PFA-MH and C zones, any structure with a floor
area in excess of 500 square feet or a building containing living
space shall never be considered an accessory building; and
On nonconforming size lots in the R-R, PFA-25, PFA-20, PFA-10,
PVR and PVC zones, any structure with a floor area in excess of 500
square feet or a building containing living space shall never be considered
an accessory building; and
On conforming size lots in the R-R, PFA-25, PFA-20, PFA-10,
PVR and PVC zones, any structure with a floor area in excess of 1,200
square feet or a building containing living space shall never be considered
an accessory building.
For all matters before the Township Committee, the Township Clerk. For all matters pertaining to applications, minutes and other administrative matters, the "Administrative Officer" shall be the Secretary of the Planning Board. In matters involving § 155-9D(13) pertaining to issuance of the official list of adjacent property owners for required notices, the "Administrative Officer" shall be the Tax Assessor. In matters involving § 155-11 pertaining to records maintenance, the "Administrative Officer" shall be the Secretary of the Planning Board in matters involving the Planning Board and the Zoning Officer in matters involving the issuance of a development permit or action taken pursuant to complaints regarding the enforcement of this chapter. In matters involving issuance of a permit or enforcement of this chapter, the "Administrative Officer" shall be the Zoning Officer. In matters involving review of applications for completeness and for compliance, the "Administrative Officer" shall be the Secretary of the Planning Board.
[Amended 12-2-2015 by Ord. No. 543-2015]
An establishment devoted to sale, rental or distribution
of pornographic books, magazines, pamphlets, photographs, motion pictures,
phonograph records and video and audio tapes devoted to the presentation
and exploitation of illicit sex, lust, passion, depravity, violence,
brutality, nudity, immorality and other obscene subjects, etc., used
in connection with the aforementioned purposes.
An establishment, the primary purpose of which is the sale
of goods, commodities or services that support active farm establishments.
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.
Any production of plants or animals useful to any man, including
but not limited to: forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestocks,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all of such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or any land devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under an
agency of the federal government.
A secondary thoroughfare less than 30 feet in width dedicated
for the public use of vehicles and pedestrians affording access to
abutting property.
Soils consisting of material deposited in land by streams
and other water bodies. These soils are hydrologically connected with
the adjacent water body. "Alluvial soils" found in the Township of
Weymouth are the alluvial, Berryland, Muck and Pocomoke soil series
as mapped by the U.S. Department of Agriculture, Natural Resources
Conservation Service.
As applied to a building or structure, means a change or
rearrangement in the structural supports; or a change in the exterior
appearance; or a change in height, width or depth; or moving a building
or structure from one location or position to another; or changing,
adding to or removing from or otherwise affecting the exterior appearance
of a building or structure.
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 6-4-2003 by Ord. No. 403-2003; amended 6-20-2018 by Ord. No. 563-2018]
Any place of business containing more than three amusement
devices.
Any machine, contrivance or device, which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice, or
other openings, or by the payment of any price, is operated or may
be operated by the public generally for use as a game, entertainment,
or amusement, whether or not registering a score, and shall include
but not be limited to such devices as "Pac-Man" or other types of
electronically operated game devices, skillball, mechanical games
operations or transactions similar thereto, by whatever name they
may be called, and shall not include pool or billiard tables.
Those animals specified by N.J.A.C. 7:50-6.32.
A conventional apparatus other than an earth or ground terminal
used for the reception of television, radio and amateur radio communications.
A dwelling unit in a multifamily building.
A developer submitting an application for development or
for a permit required in accordance with this chapter.
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 and/or 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 § 155-73.
The Township Planning Board, unless a different agency is
designated by this chapter when acting pursuant to the authority of
N.J.S.A. 40:55D-1 et seq. In the Pinelands Area, "approval agency"
means any board, body or other authority within the Township with
authority to approve or disapprove subdivisions, site plans, construction
permits or other applications for development approval.
A designated AO or VO Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range depths range from one to three
feet; a clearly defined channel does not exist; the path of flooding
is unpredictable and indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
A building or portion thereof, in which sculpture, paintings,
or other artistic work is displayed but not for sale.
A roadway so designated on the circulation plan of the Master
Plan.
The establishment of three cover through direct or supplemental
seeding or planting.
[Added 4-4-2012 by Ord. No. 503-2012]
The general engine rebuilding or reconditioning of motor
vehicles, collision service, such as repair body, frame or fender
straightening and repair, or overall painting of motor vehicles.
The same as "motor vehicle repair garage."
A place of business where the primary purpose is the sale
of new motor vehicles, having a building with either showrooms, office
space, repair and/or maintenance facilities with or without outside
sales on the same business premises or immediately adjacent thereto.
The same as "motor vehicle service station."
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The elevation, based on mean sea level, of a flood that has
a one-percent or greater change of occurrence in any given year as
established by the Federal Insurance Administration of the Department
of Housing and Urban Development and as shown on the Flood Insurance
Rate Maps of the Federal Insurance Administration.
A story partly underground and having more than 1/2
of its interior height, measured from the floor to finished ceiling,
below the average finished grade of the ground adjoining the building.
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 4-4-2012 by Ord. No. 503-2012]
A room or portion of a structure with the principal function
of serving as sleeping quarters.
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished at a place other than on the
property on which the said sign is located.
The length of a street between two street intersections.
The licensed New Jersey Professional Engineer specifically
retained by the Board of Adjustment (or assigned by the Township Engineer
with the consent of the Board) to render engineering services and
advise to the Board. In the absence of the specific appointment of
the Board of Adjustment Engineer, the Township Engineer may assume
the duties of the office.[2]
Any dwelling for hire in which more than two persons are
housed or lodged, with or without meals. This definition notwithstanding,
a certificate of occupancy issued by the Construction Code Official
is required for any dwelling for hire.
Any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other
suitable building material which are not part of the structural support
of the building and which are so designed as to breakaway without
damage to the structural integrity of the building on which they are
used or any buildings to which they might be carried by floodwaters.
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 4-4-2012 by Ord. No. 503-2012]
A strip of land which separates multifamily commercial, office
or industrial-type districts or uses from adjoining residential districts
or uses so as to allow adequate screening or view, noise or activity
taking place within these districts from adjoining residences. Within
any such buffer area, no buildings, structures, driveways, parking
or loading areas or other use of the land shall be permitted unless
otherwise provided in this chapter.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
That central portion of any lot between required yards and/or
setback lines. In case of a section of a building which is cantilevered,
the exterior surface of the most projected area must fall within the
buildable area. First floor entrance steps and normal roof overhangs
may project up to three feet beyond the "buildable area."
The total of areas of outside dimensions on a horizontal
plane and ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces or steps having
vertical faces, which at all points are less than three feet above
the level of the ground.
The area of a tract covered by buildings and roofed areas,
measured at the building line. "Building coverage" is expressed as
a percentage of the total tract area.
The vertical distance measured from the average elevation
of the finished grade at all corners of the building to the highest
point of the roof for flat roofs; to the mean height level of the
distance measured between the eaves and ridge for gable and hipped
roofs; to the deck line for mansard roofs.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
A permit used for the alteration or erection of a building
or structure in accordance with the provisions of the New Jersey State
Uniform Construction Codes.
A structure in which is conducted the principal use of the
site on which it is situated. In any district, any dwelling shall
be deemed to be a principal building on the lot on which it is located.
A structure separating land and water areas, primarily designed
to resist earth pressures.
The stockpiling or warehousing of materials, which may not
be enclosed within a structure, including but not limited to sand,
gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete
and insulation.
A business establishment which does not offer a product or
merchandise for sale to the public, but offers a service to the public.
However, personal services, such as barber and beauty shops, and repair
services, such as radio and television repair shops, are not to be
included within the definition of "business office."
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation or other short-term uses. "Camper"
does not include mobile homes or trailers but does include travel
trailers.
[Added 3-1-1989 by Ord. No. 294-89]
A facility, operated by a public or nonprofit organization
designed to provide the natural setting for outdoor living combined
with recreational, educational or cultural activities on a formally
scheduled basis for periods of temporary occupancy and which may not
provide common sleeping and eating facilities.
A facility, operated for profit, providing the natural setting
upon which two or more campsites are located, established or maintained
for occupancy by camping units, for outdoor living in tents, camp
trailers or camp cars for periods of temporary occupancy of the general
public for a total of 15 days or more in any calendar year for recreational
education or vacation purposes during the camping season extending
from March 1 through October 30 and which comply with all of the requirements
of Chapter XI of the New Jersey Sanitary Code as supplemented or amended
by any applicable Township ordinances.
A governmental acquisition of real property or major construction
project.
A covering or roof to allow the parking of automobiles underneath.
With the exception of supports, the "carport" shall have no sides
unless such sides are the exterior wall of an adjacent building.
A facility for the washing and cleaning of automobiles and
other motor vehicles using production line methods with a conveyor,
blower and other mechanical devices and/or providing space, material
and equipment to individuals for self-service washing and cleaning
of automobiles.
A story wholly or partly underground and having more than 1/2
of its clear height below the average level of the adjoining ground.
A certificate issued by the Administrative Officer (Planning
Board Secretary) after all required submissions have been made in
proper form, certifying that an application for development is complete.
[Amended 12-2-2015 by Ord. No. 543-2015]
In the Pinelands Area, the certificate issued by the Pinelands
Commission which is a prerequisite to the filing of a complete application
with any local permitting agency for development within the Pinelands
Area in accordance with N.J.A.C. 7:50-4.34 and 4.82.
A document issued by the Zoning Officer for a nonconforming
use or structure existing at the time of passage of the Zoning Ordinance
or any amendment thereto which, pursuant to N.J.S.A. 40:55D-68, may
be continued upon the lot or in the building so occupied. Such certificate
may be obtained at the owner's request upon any change of ownership
for nonconforming use, structure or lot.
[Amended 6-19-1996 by Ord. No. 344-96]
A certificate issued upon completion of construction and/or
alteration of any building; or change in use of any building; or change
in occupancy of a nonresidential building. Said certificate shall
acknowledge compliance with all requirements of this chapter, such
adjustments thereto granted by the Planning Board and/or all other
applicable requirements.
[Amended 12-2-2015 by Ord. No. 543-2015]
Outside the Pinelands Area, means:
Any change from an industrial use to any other
industrial use.
Any increase in the number of dwelling units
in a structure which would result in three or more total units.
Any change from any nonresidential use to any
other use for which any standard set forth in this chapter is greater
or more restrictive.
Any change from a residential use to any nonresidential
use.
Any change in use from any existing or permitted
use to any conditional use.
Any change from any existing or permitted use
to any permitted use which can be classified as being in a category
lower on the following list than was original use:
The bed and banks of a stream which convey the normal flow
of the stream.
See "place of worship."
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
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. Clear-cutting
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 4-4-2012 by Ord. No. 503-2012]
The clear sight distance measured along a line perpendicular
to the midpoint of a window sill and 60º radial from that line
at the window sill in all directions vertical and horizontal forming
a cone of vision.
A facility for the diagnosis and treatment of outpatients
and/or a group practice in which several physicians work cooperatively.
Any organization catering exclusively to members and their
guests, or any organization for religious, vocational, civic or recreational
purposes which is not conducted for financial gain.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
A series of detached, single-family homes for which individual
building sites, on the basis of an approved site plan according to
the standards included in this chapter may be reduced in size and
width for the purpose of providing a more compact service area and
the retention of sizable areas of public or common open space.
A permit issued for specific development within the coastal
area of New Jersey in accordance with N.J.S.A. 13:19-1 et seq. and
in accordance with rules and regulations promulgated thereunder in
the New Jersey Administrative Code (N.J.A.C) 7:7D-1.0 et seq.
The coastal wetlands designated by the New Jersey Wetlands
Law, N.J.S.A. 13:9A-1 et seq.
A roadway so designated on the circulation element of the
Master Plan.
The same as "parking area, public"; also see "garage, public."
[Amended 6-19-1996 by Ord. No. 344-96]
The Pinelands Commission created pursuant to N.J.S.A. 13:18A-1
et seq., Section 5 of the Pinelands Protection Act, as amended.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
Any community residential facility housing licensed pursuant
to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal
guidance under such supervision as required, not to exceed 15 developmentally
disabled persons who require assistance, temporarily or permanently,
in order to live independently in the community. Such residences shall
not be considered health care facilities within the meaning of the
Health Care Facilities Planning Law, N.J.S.A 26:2H-1 et seq.) and
shall include but not be limited to group homes, halfway houses, supervised
apartment living arrangements and hotels.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1), providing food, shelter, medical care, legal assistance,
personal guidance, and other services to not more than 15 persons
who have been victims of domestic violence, including any children
of such victims, who temporarily require shelter and assistance in
order to protect their physical or psychological welfare.
The application for development which complies in all respects
with the appropriate submission requirements set forth in this chapter.
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 Article IX of this chapter, and upon the issuance of an authorization thereof by the Planning Board.
An ownership arrangement, not a land use; therefore, it is
allowed in any zone and under the same restrictions as the residential
land uses that it comprises. A "condominium" shall not negate lot
nor other requirements intended to provide adequate light, air and
privacy. A condominium is a dwelling unit which has all of the following
characteristics:
The unit (the interior and associated exterior
areas designated for private use in the development plan) is owned
by the occupant or nonoccupant owner.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space
and any community interior spaces are owned and maintained in accordance
with the provisions for open space, roads or other development features
as specified in this chapter.
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 3-17-1993 by Ord. No. 328-93]
A retail store which provides the essential daily household
needs.
Development which complies with the full lot size and other
provisions of this chapter.
A housing corporation or association which entitles the holder
of a share or membership interest thereof to possess and occupy for
dwelling purposes a house, apartment or other structure owned or leased
by said corporation or association, or to lease or purchase a dwelling
constructed or to be constructed by said corporation or association.
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 4-4-2012 by Ord. No. 503-2012]
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135º.
A composite of the comprehensive plan or Master Plan for
the physical development of Atlantic County with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A.
40:27-4.
The Planning Board of the County of Atlantic as defined in
N.J.S.A. 40:27-6.1.
An unoccupied open space on the same lot with a building,
which is bounded on three or more sides by the exterior walls of a
building or by exterior walls and lot lines.
The same as "lot coverage."
A sediment-producing highly erodible or severely eroded area.
The officially established grade of the curb in front of
the midpoint of the front lot line. Where no "curb grade" has been
established, the Township Engineer shall establish such curb level
or its equivalent for the purpose of this chapter.
Calendar day(s).
A state-certified facility which provides care for children.
A licensed, organized and supervised daytime facility used
for recreational purposes.
The permitted number of dwelling units per gross area of
land to be developed and includes the number of dwelling units per
gross acre of residential land including streets, easements and open
space portions of a development.
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
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or disturbance
of any land, or of any mining excavation or landfill, and any use
or change in the use of any building or other structure, or land or
extension or use of land, and the creation or termination of rights-of-access
or riparian rights for which permission may be required pursuant to
N.J.S.A. 40:55D-1 et seq. and this chapter, including but not limited
to:
A change in type of use of a structure or land.
A reconstruction, alteration of the size, or
material change in the external appearance of a structure or land.
A material increase in the intensity of use
of land, such as an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land.
Commencement of a resource extraction, drilling,
or excavation on a parcel of land.
Demolition of a structure or removal of trees.
Also see "change of use."
Deposit of refuse, solid or liquid waste or
fill on a parcel of land.
In connection with the use of land, the making
of any material change in noise level, thermal conditions or emissions
of waste materials.
Alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
Commencement of forest activity.
Any approval granted by any 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.
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap, and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism or other conditions
found by the Commissioner of Human Services to give rise to an extended
need for similar services in accordance with N.J.S.A. 30:11B-2.
A document signed by the Zoning Officer which is required
by ordinance as a condition precedent to the commencement of development
or a use or the erection, construction, reconstruction, development,
alteration, conversion or installation of a structure or building,
and which acknowledges that such use, structure or building complies
with the provisions of this chapter or variance therefrom duly authorized
by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
This chapter, Official Map ordinance or other municipal regulation
of the use and development of land, or amendment thereto adopted and
filed pursuant to N.J.S.A. 40:55D-1 et seq.
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 4-4-2012 by Ord. No. 503-2012]
The same as "zone" or "zoning district."
The Division of State and Regional Planning in the New Jersey
Department of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground, to lessen nonpoint pollution,
to maintain the integrity of stream channels for their biological
functions and the means necessary for water supply preservation or
prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
to provide for "drainage" as defined above.
The same as "restaurant, drive-in."
A private road connecting any house, building, garage, accessory
building or parking area with the street.
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 4-4-2012 by Ord. No. 503-2012]
Any building or portion thereof designed or used exclusively
for one or more dwelling units. The word "dwelling" shall not include
boarding or rooming houses, hotels, motels or other structures designed
or used for transient residence.
A building or part thereof having cooking, sleeping and sanitary
facilities designed for or occupied by one family, and which is entirely
separated from any other dwelling unit in the building by vertical
walls or horizontal floors, unpierced, except for access to the outside
or a common cellar.
A detached building designed for or containing one dwelling
unit.
A detached building designed for, or containing two dwelling
units, which are entirely separated from each other by vertical walls,
unpierced, except for access to the outside or a common cellar.
A building designed for or containing three or more dwelling
units, which are entirely separated from each other by vertical walls
or horizontal floors, unpierced, except for access to outside or a
common cellar.
Any apparatus or device, commonly known as an "earth terminal
antenna," "earth terminal," "earth station," "satellite communications
antenna," "satellite antenna," "microwave dish antenna" or "dish antenna"
and including as part of such apparatus or device the main reflector,
subreflector, feed, amplifier and support structure which is designed
for the purpose of transmitting and/or receiving microwave, television,
radio, satellite or other electromagnetic energy signals into or from
space, but not including conventional personal television and radio
and amateur radio antenna.
Any type of earth terminal not defined as a personal earth
terminal.
An earth terminal intended solely for the reception of radio
and/or television signals from a satellite being employed for only
private, noncommercial purposes related to a residential use containing
fewer than 10 dwelling units.
The right of the Township, county, state, Sewerage Authority
or other public or quasi-public agency, their agents, servants and
employees to use the land subject to the easement for the purposes
specified on the plat or in the document granting the easement.
Public, parochial or private elementary or secondary schools,
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered as "educational uses" or
accessories to such uses. Duly accredited colleges and universities
shall also be considered "educational uses."
The giving of money and/or services to a charitable or philanthropic
organization.
All electric lines other than 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:
The Weymouth Township Environmental Commission, a municipal
advisory body, created pursuant to N.J.S.A. 40:56A-1 et seq.
For the purposes of this chapter, a compilation of studies, reports, documents and finding the fact prepared by an applicant as part of and for a development application. Said EIR shall be consistent with and shall contain all that information, data and documentation contained in § 155-97. An environmental impact statement meeting the requirements of the N.J.S.A. 13:10-1 et seq., Coastal Area Facility Review Act, and specifically outlined in N.J.A.C., Section 7, or an environmental impact statement meeting the requirements of N.J.S.A. 13:8A, the Pinelands Protection Act, and specifically outlined in N.J.A.C. 7:50-1 et seq, may be accepted in lieu of the EIR.
The delineation of floodplain limits so that floodplain lands
on both sides of a stream are capable of conveying a proportionate
share of floodflows. This is determined by considering the effect
of encroachment on the hydraulic efficiency of the floodplain along
both sides of a stream for significant reach.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the New Jersey
State Soil Conservation Council and administered by the Cape Atlantic
Soil Conservation District in conformance with N.J.S.A. 4:24-39 et
seq.
[Amended 6-19-1996 by Ord. No. 344-96]
Underground gas, electrical, telephone, telegraph, steam
or water transmission or distribution systems, including mains, drains,
sewers, pipes, conduits, cables; and including normal aboveground
appurtenances such as fire alarm boxes, police call boxes, light standards,
poles, traffic signals, transformer stations, pumping stations and
hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by public utilities or municipal or other governmental agencies or
for the public health or safety or general welfare, but not including
generating or storage plants; processing stations; maintenance yards;
solid waste collection stations; or administration headquarters facilities.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The excavation, removal, replacement, repair, construction
or other disturbance of any portion of the public improvements within
a public street or drainage right-of-way. These public improvements
include but are not limited to curb, sidewalk, driveway and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guardrails
or any other public improvement existing within the public right-of-way.
For the purposes of this chapter, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed excavation
work. "Excavation work" shall also include the construction, addition,
installation or other provision of the whole or portions of the improvements
within a public street, drainage right-of-way or other public way
or public grounds by persons other than those exempted from the provisions
of this chapter including privately sponsored construction of curbing,
sidewalks, pavement extensions, aprons, drainage or any other portions
of the public improvements.
That site plan and/or subdivision approval shall not be required
prior to issuance of a development permit for the following:
Construction, reconstruction, additions or alterations
related to existing single-family detached dwellings or their accessory
structures on individual lots.
Interior alterations which do not increase the
required number of off-street parking spaces and which conform to
the performance standards of this chapter.
Any change in occupancy which is not a "change
in use" (as herein defined).
Individual applications for accessory mechanical
equipment, accessory storage structures, and accessory uses not exceeding
500 square feet in area, whose operation and location conforms to
the design and performance standards of this chapter, and whose installation
is on a site already occupied by an active principal use for which
site plan approval is not otherwise required.
Sign(s) which installation is on a site already
occupied by a principal use for which site plan approval is not otherwise
required, and provided that such sign(s) conform to the applicable
design and zoning district regulations of this chapter.
Construction of a parking lot or an addition
to an existing parking lot, provided that the new lot or the proposed
addition contains three spaces or fewer whose location and design
conforms to the standards and zoning district regulations of this
chapter.
Division of property and conveyances so as to
combine existing lots, which are not considered to be subdivisions
in accordance with the definition of "subdivision" contained within
this article.
Farm and accessory farm buildings and structures,
provided that such buildings and structures are located on, operated
in conjunction with and necessary to the operation of a farm as defined
by this chapter.
The repair of existing utilities and the installation
of utilities to serve existing or approved development.
One or more persons living together as a single entity or
nonprofit housekeeping unit, as distinguished from individuals or
groups occupying a hotel, club, fraternity or sorority house. The
"family" shall be deemed to include necessary servants when servants
share the common housekeeping facilities and services.
Any parcel of land, three acres or larger in size, which
is used for gain in the raising of agricultural products, livestock
or dairy products.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with and necessary to the operation of a farm as defined
by this chapter. The term "farm building" shall not include residential
dwelling.
A retail food service operation in which a limited or specialized
list of quickly prepared or preprepared food items, utilizing mechanized,
standardized preparation and packaging techniques, is offered for
on and outside the premises consumption; or any retail food service
operation offering drive-in or outside ordering and service, including
but not limited to any refreshment stand, snack bar, carry-out bar,
any hamburger or hot dog stand where food is served into automobiles
parked on the premises by employees or where customers order inside
a building and take out food for consumption in cars or off the premises,
regardless of whether or not additional seats or counter service are
provided within a building; provided, however, that if outside service
by employees represents more that 50% of their volume of business
transactions of the operation, the use shall not be considered a "fast-food
service establishment" and is specifically prohibited.
A structure constructed of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials serving
as an enclosure, barrier or boundary.
A fence in which 2/3 of the area, between grade level
and the top cross member (wire, wood or other material), is open.
A retail establishment supplying and selling gasoline or
other fuel or oil directly for motor vehicles.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board for final approval in accordance
with the provisions of this chapter and which is approved shall be
filed with the proper County Recording Officer.
The classification of a parcel of land in the Pinelands Area of the Township in accordance with the provisions of § 155-57F of this chapter.
The changing of the characteristics and interactions of fish
and wildlife population and their habitat in order to promote, protect
and enhance the ecological integrity of those populations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The channel of any natural river, stream or other watercourse
and the portions of the flood hazard areas adjoining the channel,
which are reasonably required to carry and discharge the floodwater
or flood flow of the natural river, stream or other watercourse.
The susceptibility of a floodplain use at a particular site
to damage by potential floods at that site, as well as increased off-site
flooding or flood-related damages caused by such floodplain use.
The average frequency, statistically determined, for which
it is expected that specific flood level or discharge may be equaled
or exceeded.
The floodway and flood fringe areas determined by the New
Jersey Department of Environmental Protection and Energy under Section
3 of the Flood Hazard Area Control Law (P.L. 1979 c. 359).[3]
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure or matter
in, along, across, or projecting into any channel, watercourse, or
regulatory flood hazard area which may impede, retard or change the
direction of the flow of water, either in itself or by catching or
collecting debris carried by such water, or that is placed where the
flow of water might carry the same downstream to the damage of life
or property.
The Official Map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary
Floodway Maps and the water surface elevation of the base flood.
The flood hazard area adjoining any natural or man-made stream,
pond, lake, river, or any other body of water which is subject to
inundation by a one-hundred-year flood which includes but is not limited
to those areas delineated by the flood plain maps prepared by the
NJDEPE, the Federal Emergency Management Agency or by other agencies
or Professional Engineer upon review and acceptance by the Township
Engineer. "Floodplain" shall include alluvial, Berryland, Muck and
Pocomoke soils as delineated by the U.S. Department of Conservation
Service, Natural Resources Conservation Service. In the Pinelands
Area, see also definition of "wetlands" and "wetland soils."
A story of a building.
The sum of the gross horizontal areas of the floor or several
floors of a building measured between the outside face of exterior
walls. In the case of residential structures, such area shall be finished
in accordance with the requirements of the building code. Any cellar,
garage, crawl space unfinished attic or space of any nature, or accessory
building shall not be included. Any space with a clear ceiling height
of four feet or more, but less than the minimum ceiling height prescribed
in the building code for the type of building concerned shall not
be included when in excess of 10% of the floor area which complied
with such prescribed ceiling heights. In the case of a bilevel multistory
buildings, the first floor area shall be considered to be the first
level or levels of the structure over the full perimeter of the structure
which are above the average finished grade of the adjoining ground,
and constructed on other than a concrete slab or other such floor.
Any floor area which is located at grade or
on such a slab may, however, be included in the calculations of total
floor area, provided that it complies with the other terms of this
definition.
In the case of all multistory buildings, the
first floor area shall be considered to be the first level or levels
of the structure extending over the full perimeter of the structure
and which is above the average finished grade of the adjoining ground,
whether or not such level is constructed on a concrete slab or other
such floor.
The sum of the gross horizontal areas of the floor or several
floors of the dwelling measured between the inside face of exterior
walls or from the center line of walls separating two dwelling units,
having a clear ceiling height of seven feet, four inches, or greater,
but not including any unfinished attic, cellar or accessory building
space, but including the floor area of roofed porches, balconies,
terraces and patio (also see "habitable room").
The sum of the area of all floors of buildings or structures
composed to the total area of the site.
The sum of the gross horizontal areas of the floor or several
floors of a commercial building which are used for display of merchandise
to the general public and including any areas occupied by counters,
showcases or display racks, and any aisles, entranceways, arcades
or other such public areas.
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, clear-cutting, 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 8-20-1997 by Ord. No. 349-97; 4-4-2012 by Ord. No.
503-2012]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Amended 4-4-2012 by Ord. No. 503-2012]
A funeral home or mortuary operated by a licensed mortician
in accordance with N.J.S.A. 45:7-32 et seq. A "funeral home" or "mortuary"
shall not be considered a professional office.
[Amended 6-19-1996 by Ord. No. 344-96]
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of the occupants
of the main building to which the garage is accessory.
An enclosed building used as an accessory to the main building
which provides for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on, and which contains not
less than 240 square feet of floor area.
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor vehicle accessories, or where any such
vehicles are kept for hire. The rental of storage space for more than
two motor vehicles not owned by occupants of the premises shall be
deemed a "public garage."
A multiple-family dwelling structure not more than two rooms
in depth, or 2 1/2 stories in height, designed as a part of a
residential project under single management, providing joint or common
use of open areas by occupants, whether for recreation, parking or
other purposes.
The same as "motor vehicle service station."
Any parcel of land that is used for general purpose agriculture
which includes the raising of agricultural or horticultural products,
livestock, poultry and their resultant products.
The Township Committee of the Township of Weymouth.
The existing undisturbed elevation of land, ground, and topography
preexisting or existing on a lot, parcel or tract of land at the time
of the adoption of this chapter.
The completed surface of lawns, walks and roads brought to
grade(s) as shown on official plans or designs relating thereto or
as exiting if no plans or designs have been approved.
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 4-4-2012 by Ord. No. 503-2012]
Any room within a building used for the purpose of sleeping,
eating, preparation of food, offices, selling of merchandise, public
gatherings or assembly lobbies. All habitable rooms within a dwelling
unit shall have natural light, ventilation and heat. Garages, bathrooms,
closets, storage areas, hallways, stairs are not considered to be
habitable rooms (also see "floor area, habitable").
The natural environment of an individual animal or plant
population or community.
Including but not limited to inorganic mineral acids of sulfur,
flourine, chloride, nitrogen, chromium, phosphorus, selenium and arsenic
and their common salts; lead, nickel, and mercury and their inorganic
salts or metallo-organic derivatives; coal tar acids, such as phenols
and cresols, and their salts; petroleum products; and radioactive
materials.
The facility or institution, whether public or private, engaged
principally in providing services for health maintenance organizations,
diagnosis or treatment of human disease, pain, injury, deformity or
physical condition, including but not limited to a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended care facility,
skilled nursing home, nursing home, intermediate bio-analytical laboratory
(except as specifically excluded hereunder) or central services facility
serving one or more such institutions but excluding institutions that
provide healing solely by prayer and excluding such bio-analytical
laboratories as are independently owned and operated, and are not
owned, operated, managed or controlled, in whole or in part, directly
or indirectly, by any one or more health care facilities, and the
predominant source of business of which is not by contract with health
care facilities within the State of New Jersey and which solicit or
accept specimens and operate predominantly in interstate commerce.
For the purposes of this chapter, a line showing the upper
inland wetlands boundary (a biological "high water line") on a series
of maps prepared by the State of New Jersey Department of Environmental
Protection and Energy for Great Egg Harbor River and its tributaries
in accordance with the provisions of the Wetlands Act, N.J.S.A. 13:9A-1
et seq., said line being established from photographs and each of
these maps being on file in the Office of the County Clerk, Atlantic
County, New Jersey.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
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 8-20-1997 by Ord. No. 349-97]
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan as being historical, archaeological,
cultural, scenic or architectural significance.
An occupation or profession which is clearly incidental to
the use of the lot and dwelling for residential purposes; is carried
on by a member of the family residing on the premises; does not involve
more than one employee not living on the premises; does not occupy
more than 20% of the principal residential structure nor more than
300 square feet of any accessory structure; does not have any exterior
evidence of such secondary use other than permitted signs; and does
not include the storing of any stock in trade outside a principal
or accessory building. In connection with the operation of a home
occupation, only external operations which are customary to residential
buildings shall be permitted. In the case of any home occupation involving
customer or patient visitation, adequate off-street parking shall
be provided in conformance with standards contained in this chapter.
The practice of a profession within a "professional office"
as defined by this chapter conducted entirely within a dwelling which
is the bona fide residence of the principal practitioner.
An incorporated, nonprofit organization operating under a
recorded land agreement through which:
Each lot owner, condominium owner, stockholder
under a cooperative development, or other owner of property or interest
in the project shall be a member.
Each occupied dwelling unit is subject to a
charge for proportionate share of the expenses for the organization
activities and maintenance, including any maintenance costs levied
against the association or the municipality; and
Each owner and tenant has a right to use a common
property.
A building or series of buildings, primarily for treatment
of patients to be housed on the premises, and providing health, medical
and surgical care for sick or injured human beings, including as an
integral part of the building, such related facilities as laboratories,
outpatient departments, clinics, training facilities, central service
facilities and staff offices. The definition "hospital" shall not
include nursing homes, medical care centers and the like.
A building containing rooms designed for occupancy as the
temporary residence for individuals who are lodged, with or without
meals, and in which no provisions shall be made for cooking in any
individual room or suite.
Soils saturated for significant periods or frequently flooded
for long periods during the growing season in accordance with definitions
and soils groups by the U.S.D.A. Soil Conservation Service and U.S.
Army Corps of Engineers.
Any plant growing in water or substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 8-20-1997 by Ord. No. 349-97; 6-20-2018 by Ord. No.
563-2018]
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 cm/second at the maximum anticipated hydrostatic pressure.
The term "impermeable" is equivalent in meaning.
[Added 4-4-2012 by Ord. No. 503-2012]
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 (WINTT-55) Version 1.0. Such surfaces may have varying degrees
of permeability.
[Added 4-4-2012 by Ord. No. 503-2012]
A measure of the intensity of use of a piece of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the net buildable site area.
A street curbed and paved in accordance with the standards
set forth in this chapter for new streets or, alternately, a street
which has been improved to the standards specified by the Township
Engineer upon approval and acceptance by the Township Committee, Atlantic
County or the State of New Jersey.
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 4-4-2012 by Ord. No. 503-2012]
Any land used for the following public or private purposes:
Educational facilities, including universities,
colleges, elementary and secondary and vocational schools, kindergartens
and nurseries, cultural facilities such as libraries, galleries, museums,
concert halls, theaters and the like.
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, supervised residential institutions, rehabilitation
therapy centers and public health facilities, law enforcement facilities.
Military facilities.
Churches, public office buildings.
Cemeteries.
Other similar facilities.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and
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
rights to use, acquire, or enjoy property is or may be affected by
any action taken under this chapter and/or pursuant to the provisions
of N.J.S.A. 40:55D or under any other law of this state or of the
United States have been denied, violated or infringed by an action
or failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.
A lot bounded by a street on one side only.
A street or road that is developed wholly within a parcel
under one ownership and meeting all municipal standards.
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Comprehensive Management
Plan took effect on January 14, 1981.
A street used for internal vehicular circulation within a
tract or development. Major internal streets are those internal streets
which have an entrance and/or exit on the access street or right-of-way
frontage of the tract. "Internal streets" may be private and not dedicated
or deeded to the public, subject to approval by the Planning Board
and by the Township Engineer.
The use of any area and/or structure keeping or abandonment
of junk, including scrap metal, glass, paper, cordage, or other scrap
material, or for the dismantling, demolition or abandonment of structures,
automobiles or other vehicles, equipment and machinery, or parts thereof;
provided, however, that this definition shall not be deemed to include
any of the foregoing uses which are accessory and incidental to any
agricultural use permitted in any zone, provided that such area or
use shall not exceed 1,000 square feet. The term "junkyard" as herein
defined includes automobile salvage or wrecking yards.
Any building or land parcel used for the keeping of dogs
and/or other household pets. The keeping of more than five such adult
animals on any one property shall be deemed to constitute a "kennel."
Natural or man-made bodies of water which normally contain
or retain water for extended periods. "Ponds" are bodies of water
with a surface area, measured under ten-year storm conditions, of
two acres or less. "Lakes" are bodies of water with a surface greater
than two acres, measured under ten-year-storm conditions. The shoreline
of a lake or pond is measured at the perimeter of the surface of water
under ten-year-storm conditions, as certified by the applicant's licensed
professional land surveyor, and approved by the Township Surveyor.
The surface and subsurface of the earth and any water found
thereon within the municipality. Such term also includes improvements
and fixtures on, above or below the surface.
Any activity involving the clearing, grading, transporting,
filling of land, and any other activity which causes land to be exposed
to the danger of erosion.
The removal of sand, gravel, clay or other materials from
the ground for sale or other commercial or industrial purpose other
than such as may be incidental to any permitted agricultural use or
to excavating or regrading in connection with, or anticipation of,
building development, or landscaping a building site; and shall be
deemed to include all operations customarily involved in connection
with such removal.
The orderly, planned arrangement of shrubs, ground cover, flowers, trees and other plant material, including incidental use of berms and decorative mulches, gravel and similar materials to produce an aesthetically pleasing appearance, to satisfy ground stabilization requirements, and/or providing a visual screen, all arranged and implemented in accordance with good landscaping and horticultural practices and the requirements of this chapter, including but not limited to § 155-103.
Fabrication, assembly or processing of goods or materials,
or the storage of bulk goods and materials where such activities or
materials create no hazard from fire or explosion, or produce toxic
or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have clear means of ingress and egress to a public
street at all times.
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 8-20-1997 by Ord. No. 349-97]
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A "lot" is land occupied or to be occupied by a building, structure and permitted accessory uses, or by a dwelling and its accessory uses, together with such open spaces as are specified and required under the provisions of this chapter, having not less than the minimum area required by this chapter for a lot in the zone district in which such a lot is situated, and having the required frontage on a street. A "lot" may include an off-tract parcel of property physically separated from a building lot in accordance with the Weymouth Township Homestead Exchange Program contained in § 155-153 of this chapter.
The acreage and/or square footage of a lot contained within
the lot lines of the property. For purposes of this definition, "lot
areas" shall include:
[Amended 11-16-1988 by Ord. No. 290-88; 3-1-1989 by Ord. No. 291-89; 3-1-1989 by Ord. No. 292-89; 8-16-1989 by Ord. No. 299-89]
Any portion of a lot within a public right-of-way,
except that no more than 10% of the required lot area may be within
a right-of-way if the lot is located in a PFA-25, PFA-20, or PFA-10
zone;
Any portion of a lot encumbered by easements;
and
Any off-tract parcels of property which are physically separated from a building lot in accordance with the Weymouth Homestead Exchange program contained in § 155-153 of this chapter.
Any lot at the junction of and fronting of two or more intersecting
streets.
The area of a lot covered by buildings and structures and
accessory buildings or structures and expressed as a percentage of
the total lot area. For the purpose of this chapter, "lot coverage"
shall include all parking areas and automobile access driveways and
internal roadways, whether covered by an impervious or pervious material,
and all other impervious surfaces except for the following:
Exterior walkways and plazas designed exclusively
for pedestrian use as part of a commercial, industrial or office development
and which are part of an overall landscaping plan acceptable to the
Planning Board.
Unroofed patios, terraces, decks and pedestrian
walks which are accessory to a single-family dwelling.
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line, provided that, in triangular lots having no rear lot line,
the distance shall be measured to the midpoint of a line parallel
to the front lot line, which shall be not less than 10 feet in length
measured between its intersections with the side lot lines. On corner
lots, one side lot line shall be considered a rear lot line for the
purpose of determining lot depth only.
The horizontal distance of lot lines or portions thereof
which are coexistent with a street line. In the case of a street of
undefined width, said lot lines shall be assumed to parallel the center
line of the street at a distance of 50% of the statutory street right-of-way
width therefrom. For the purpose of this chapter, only continuous,
uninterrupted lot lines shall be accepted as meeting the frontage
requirements.
The same as "interior or inside lot."
[Amended 6-19-1996 by Ord. No. 344-96]
Any line designating the extent or boundary of a lot which
shall further be defined as follows:
FRONT LOT LINEA lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line. (See § 155-34C, D and E.)
The mean horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space. "Lot width" shall not
be less than the minimum required lot frontage.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by N.J.S.A.
40:55D-1 et seq. and this chapter.
Any site plan not classified as a minor site plan or exempt
site development.
Any subdivision not classified as a "minor subdivision."
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
Any facilities or activity associated with fishing or boating,
either for sport or for commercial gain.
A composite of one or more written or graphic proposals for
the development of the Township as set forth in and adopted by the
Planning Board pursuant to N.J.S.A. 40:55D-28 and N.J.A.C. 7:50.1
et seq. and including all subsequent amendments thereto.
The Mayor of the Township of Weymouth.
A person who is afflicted with a mental disease as defined
in N.J.S.A. 30:4-27.7 to such an extent that a person so afflicted
requires care and treatment for his or her own welfare, or the welfare
of others, or of the community, but shall not include a person who
has been committed after having been found not guilty of a criminal
charge or unfit to be tried on a criminal charge by reason of insanity.
[Amended 6-19-1996 by Ord. No. 344-96]
Any farm building, other than a principal dwelling, which
complies with state and local migrant housing laws, used or intended
for use on a temporary basis as a place of abode for farm laborers.
A development plan for one or more lots which is (are) subject
to development which:
Requires site plan approval;
Meets the requirements set forth in § 155-66 of this chapter and contains the information needed to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met; and
Meets the following conditions:
The construction of drainage facilities is not
required either on- or off-site.
New building construction and/or building additions
do not exceed 1,000 square feet of gross floor area.
The proposed development does not increase parking
requirements by more than three spaces, nor entail or propose the
construction of a total of more than five parking spaces.
The proposed development conforms to the floodplain management standards set forth in § 155-55 of this chapter.
The proposed development conforms to the performance standards set forth in § 155-56 of this chapter.
The proposed development will not require the
issuance of a CAFRA permit.
In the Pinelands Area, the development will conform to § 155-57 of this chapter.
The proposed development does not involve planned
development.
The proposed development does not involve any
new street or the extension of any existing street.
The proposed development does not involve the
extension or construction of any off-tract improvement, the cost of
which is to be prorated pursuant to N.J.S.A. 40:55D-42.
A subdivision of land for the creation of not more than two
lots plus the remainder of the original lot, provided such subdivision
does not involve a planned development, any new street, or the extension
of any off-tract improvement, the cost of which is to be prorated
pursuant to N.J.S.A 40:55D-42, and provided that the municipal agency
or the Subdivision Committee of the Planning Board finds that all
the following conditions have been met:
That curbs and sidewalks have been installed
or that the developer agrees to install and post performance guaranties
for curbs and sidewalks, or that curbs and sidewalks are not required
due to specific conditions in the area.
That the subdivision does not require the extension
of municipal facilities at the expense of the municipality.
That the subdivision and construction resulting
therefrom will not adversely affect drainage patterns of the basin
in which the lots are situated.
That the subdivision will not adversely affect
the development of the remainder of the parcel or the adjoining property.
That the subdivision is not in conflict with
any provision or portion of the Master Plan, Official Map or this
chapter or that appropriate variances have been obtained (or must
be obtained as a condition of approval).
That in the event a drainage fund has been established
by the Township or Atlantic County, an assessment has been charged
to the lots and has been paid.
That no portion of the lands involved have constituted
a part of a minor subdivision within three years preceding the application.
A vehicle designed as a complete unit and capable of being
used for permanent living or sleeping purposes which is, or can be,
equipped with wheels or wheel devices used for the purpose of transporting
the unit from place to place whether by motor power or other means,
and without permanent foundation other than wheels, jacks or skirtings.
A "mobile home" is also defined to mean any movable or portable structure
so designed as to permit permanent occupancy for dwelling or sleeping
purposes, whether equipped with wheels or not. This term shall also
include automobile trailer, house trailer, and trailer coaches, excepting
therefrom travel trailers.
[Amended 3-1-1989 by Ord. No. 294-89]
Preconstructed dwelling unit constructed off premises in
sections, and that complies with New Jersey Uniform Construction Code
requirements for single-family dwellings.
A hotel or attached rental units where each unit has individual
entrances from the exterior of the building to each unit with convenient
access to a parking space or parking spaces for the use of the unit's
occupants operated as a single business for the purpose of providing
lodging to transient guests. An office unit must be provided in conjunction
with the operation of a motel.
A building or portion of a building or land, or portion thereof,
which is not primarily devoted to the retail sale of gasoline or new
or used automobiles or trucks, in which auto body work or the overhauling
or replacement of automobiles, automobile parts, or any portion thereof,
is conducted as a business for profit.
Any area of land, including structures thereon, which is
used for the retail sale of gasoline or any other motor vehicle fuel
stored only in underground tanks and oil and other lubricating substances,
including any sale of motor vehicle accessories and which may include
facilities for lubricating, washing or minor servicing of motor vehicles,
except that automobile rebuilding and auto body work of any nature
and retail sales unrelated to motor vehicle uses shall be prohibited
when the dispensing, sale or offering for sale of motor fuels or oil
is incidental to the conduct of a public garage, the premises shall
be classified as a public garage, motor vehicle wrecking yard or junkyard.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place and aid
in establishing plant cover.
Any building containing two or more dwelling units, including
"townhouses" within a lot. Dwelling units within a multifamily buildings
are classified as multifamily dwellings.
The Township of Weymouth.
The Planning Board or Township Committee of the Township
of Weymouth when acting pursuant to N.J.S.A. 40:55D-1 et seq. and
this chapter.
[Amended 6-19-1996 by Ord. No. 344-96; 12-2-2015 by Ord. No.
543-2015]
N.J.S.A. 40:55D-1 et seq. (Chapter 291, Laws of N.J., 1975,
as amended).
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 4-4-2012 by Ord. No. 503-2012]
Water capable of being transversed by pleasure craft.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of 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 reasons of such adoption, revision or amendment.
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.
Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A school designed to provide daytime care of three or more
children from two to six years of age inclusive, and operated on a
regular basis.
The specific purpose for which land or a building is used,
designed or maintained.
The same as "certificate of occupancy."
The map, which changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Atlantic County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance by the governing body pursuant
to N.J.S.A. 40:55D-32 et seq.
Located outside the lot lines of the lot in question, but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
See "billboard."
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
A porch or steps with a fixed roof no larger than six feet
wide by four feet deep and with no sidewalk other than the wall of
the structure to which it is attached.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and other improvements that are designed to be incidental to the natural
openness of the land. Impervious surfaces within open space areas
shall be limited to improvements associated with recreation and drainage
facilities and underground utilities. "Open space" may include farmland
set aside in perpetuity intended for the preservation of the farming
use.
An unoccupied area including natural and man-made watercourses,
streams, lakes, ponds and grassed, wooded or landscaped areas, open
to the sky on the same lot with a principal and/or accessory building.
Improved sidewalks, paved paths or other pedestrianways within an
unoccupied open space area, which exceed four feet in width, shall
be deducted in determining the unoccupied open space area.
A measure of the inverse intensity of land use. It is arrived
at by dividing total amount of open space within the site by the site
area.
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land which is the subject of a development proposal.
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 8-20-1997 by Ord. No. 349-97]
An open area used for the open storage of motor vehicles
and includes any driveways and access drives, as well as accessory
incidental structures or improvements such as curbing, drainage, lighting
and signing.
An area, other than a street, intended for the same use as
a private garage, which is accessory to a residential or nonresidential
building or use and not used by the general public.
A paved open area, other than a street or other public way,
used for the parking of motor vehicles and available to the public,
whether for a fee, free or as an accommodation of clients or customers.
The same as "garage, public."
An off-street space provided for the parking of a motor vehicle
exclusive of driveways or access drives, either within a structure
or garage or in the open or as may be otherwise defined in this chapter.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
An area of land not used for receiving and storing material
where the grounds been surfaced with construction material such as
brick, stone, cement or lumber, which does not project above grade
level and which is entirely uncovered by a roof or any superstructure.
Any security, which may be accepted by the Township, including
cash; provided that the Township shall not require more than 10% of
the total performance guaranty in cash, in lieu of a requirement that
certain improvements be made before the municipal agency approves
an application for development.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 4-4-2012 by Ord. No. 503-2012]
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
An act by which skills of one person are utilized for the
benefit of another, provided that no function involves manufacture,
cleaning, repair, storage or distribution of products or goods except
for cleaning and repairing of clothing and similar personal accessories.
The Pinelands National Reserve and the Pinelands Area.
That portion of the Township of Weymouth west of State Route
50.
The plan adopted by the Pinelands Commission pursuant to
Section 7 of the Pinelands Protection Act, as amended.[4]
Within the Pinelands Area, any division of land into five
or more lots; any construction or expansion of any housing development
of five or more dwelling units; and construction or expansion of any
commercial or industrial use or structure on a site of more than three
acres; or any grading, clearing or disturbance of an area in excess
of 5,000 square feet.
All development with the Pinelands Area other than "Pinelands
development, major."
The agency responsible from February 9, 1979 until June 28,
1979 for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
That portion of the Township east of State Route 50 also
referred to herein as the "CAFRA Area" of the Township.
See N.J.A.C. 7:50-6.43.
[Added 4-4-2012 by Ord. No. 503-2012]
N.J.S.A. 13:18A-1 to 13:18A-29.
Any use which is based on resources which are indigenous
to the Pinelands, including but not limited to forest products, berry
agriculture and sand, gravel, clay or ilmenite.
A building or group of buildings, congregations, public worship
including cathedrals, chapels, churches, meeting houses, mosques,
synagogues, temples, and similarly used buildings, as well as accessory
uses such as Sunday schools, social halls, parish houses and similar
type buildings.
An area of a minimum contiguous size as specified by this
chapter 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 residential or other uses
incidental to the predominant use as may be permitted by this chapter.
A planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development in accordance with N.J.S.A. 40:55D-6.
The Township of Weymouth Planning Board established pursuant
to N.J.S.A. 40:55D-23. The term "Planning Board" as used in this chapter
also means the Board of Adjustment when it is acting pursuant to N.J.S.A.
40:55D-76.[5]
The licensed New Jersey professional engineer specifically
retained by the Planning Board or assigned by the Township Engineer
(with the consent of the Board) to render engineering services and
advice to the Board. In the absence of the specific appointment of
a Planning Board Engineer, the Township Engineer may assume the duties
of the office.
Pinelands plant species whose survival worldwide, nationwide,
or in the state, is in jeopardy.
A map or maps of a subdivision or site plan.
The map or maps of all or a portion of the development prepared
and submitted to the approving authority for final approval. "Final
plat" shall also include and be synonymous with the term "final site
plan."
The plat prepared and submitted to the approving authority
as a part of the application for preliminary approval. "Preliminary
plat" shall also include and be synonymous with the term "preliminary
site plan."
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale, relationship to its site and immediate environs
and exterior colors and finishes.
A lot or tract of land or any combination thereof held under
a single ownership or control.
The primary or principal purpose for which a building, structure
or lot is used.
The office of a member of a recognized profession as hereinafter
indicated, when conducted on a residential property, shall be conducted
by a member or members of the residential family entirely within a
residential building and shall include only the offices of doctors,
ministers, architects, professional engineers, lawyers, real estate
brokers and such similar professional occupations. The practice of
such occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone in which it is located to
a greater extent than for the professional activities listed herein.
The issuance of a state or local license for regulation of any gainful
occupation shall not be deemed indicative of professional standing.
A building, the occupancy of which is limited to professionals
such as doctors, dentists, ministers, architects, engineers, lawyers,
real estate brokers, accountants or such other similar professional
occupations which may be so designated by the municipal agency upon
finding that such occupation is truly professional in character by
virtue of the need for similar training and experience as a condition
for practice.
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance of N.J.S.A.
40:55D-70d would be necessary, in order to provide that use in that
particular zone.
A sign other than a facade sign suspended from or attached
to a building or wall in a manner which is other than parallel to
the said building or wall, including a sign hung under the canopy.
Development, including subdivision, by any Township or other
governmental agency.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation, and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to the
Township, a municipal agency, Board of Education, federal, state or
county agency, or other public body for recreational or conservational
uses.
The majority of the full authorized membership of a municipal
agency.
Any natural or artificially produced substance or combination
of substances which emits radiation spontaneously.
A hydraulic engineering term to describe longitudinal segments
of a stream or river. A "reach" will generally include the segment
of the flood hazard area where flood heights are influenced by a man-made
or natural obstruction. In an urban area, the segment of a stream
or river between two consecutive bridge crossings would typically
constitute a "reach."
The replenishment of underground water reserves.
The management program which employs the cost efficient use
of available technology, natural, human and economic resources.
Facilities and open space areas set aside, designed and/or
improved, and used for recreation purposes, and may include but shall
not be limited to playfields, playgrounds, swimming pools, tennis
courts, and other court games, tot-lots, parks, picnic areas, nature
preserves, boating and fishing areas and facilities.
In the Pinelands Area, any recreational facility which is
not a low-intensive recreational facility, including but not limited
to golf courses, marinas, amusement parks, hotels and motels.
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 8-20-1997 by Ord. No. 349-97]
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 Pinelands Commission.
[Added 8-20-1997 by Ord. No. 349-97]
The separation and reuse of solid waste materials including
paper, cardboard, glass, aluminum, metals, used motor oil, used rubber
tires, used clothing and rags and used household items.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per acre of residential land
area including streets, easements and open space portions of a development.
The number of dwelling units, which may be or are developed
per acre of land exclusive of areas used for streets, easements and/or
open space portions of a development.
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay, ilmenite or topsoil for commercial purposes, not
including, however, the private or agricultural extraction and use
of extracted material by a homeowner.
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 4-4-2012 by Ord. No. 503-2012]
Any natural area or feature containing natural resources
protected by this chapter, where improvement and/or alteration may
be restricted or prohibited or where conservation is required. "Resource
protection areas" may include wooded areas, floodplains, natural drainage
areas, watercourses, ponds, lakes, stream corridors, riparian lands,
wetlands, marshlands, wildlife habitats, archeological sites and steep
slopes.
Any establishment, however designated, at which food is sold
for consumption on the premises, normally to patrons seated within
an enclosed building. However, a snack bar at a public or community
playground, playfield or park operated solely by the agency or group
operating the recreation facilities, and for the convenience of patrons
of the facility, shall not be deemed to be a "restaurant."
An establishment where the majority of the patrons purchase
food, soft drinks, ice cream, and similar confections for takeout
or consumption on the premises but outside the confines of the principal
building, or the automobiles parked upon the premises, regardless
of whether or not, in addition thereto, seats or other accommodations
are provided for the patrons.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to laws; or
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or by other instrument.
A structure more than 18 inches high erected between lands
of different elevation to protect structures and/or to prevent the
washing down or erosion of earth from the upper slope level.
A facing of stone, concrete, etc., built to protect a scarp,
embankment, or shore structure against erosion by wave action or current.
The boundary lines of land used or intended for use as streets
and from which setback and other requirements shall begin. Where existing
records are vague or show a lesser dimension, they shall be considered
to be not less than 50 feet apart, 25 feet from the established center
line thereof.
A permanent structure not exceeding 5,000 square
feet, together with its surrounding display area and supporting off-street
parking area designed for the retail sale of principal goods or products
that were produced on the land on which the use is situated.
The intermittent sale of homegrown produce as
an accessory use not involving a building or structure; not occupying
more than 300 square feet; and not creating any undue traffic hazard
shall not be deemed to constitute a roadside stand.
The same as "boarding or lodging house."
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 4-4-2012 by Ord. No. 503-2012]
The same as "educational use."
A building or group of buildings in which activities are
limited to experiment, testing, and other forms of research such as
product design and development, provided that the use shall not include
any processing or manufacturing except as may be incidental to the
research or testing process. There shall be no commercial production
of goods, materials, or any other substances for sale, except as may
be produced by a small pilot facility necessary to the research activity.
Any concentration or grouping of trees or shrubbery as may
be required by this chapter.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by
air, water or gravity as a product of erosion.
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other materials.
The transport, deposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
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 4-4-2012 by Ord. No. 503-2012]
That portion of any required yard area which is set aside
for the sole purpose of access from the road adjoining the premises
to the loading or unloading area on the premises, to service the building
erected for the use conducted thereon.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
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 4-4-2012 by Ord. No. 503-2012]
An integrated development of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, post offices, restaurants and auditoriums, housed
in an enclosed building or buildings, utilizing such common facilities
as customer parking, pedestrian walkways, truck loading and unloading
space, utilities and sanitary facilities and having a minimum total
floor area of 30,000 square feet.
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two intersecting street
lines or the projection of such lines which border a corner property,
and by a line connecting a point on each such line located a designated
distance from the intersection of the street lines.
A name, identification, description, display, illustration
or any other device observable from out-of-doors, which is affixed
to, pointed on or represented directly or indirectly upon a building,
structure or piece of land and which directs attention to an object,
product, place, activity, person, institution, organization or business,
regardless of whether such device is located indoors or outdoors.
Lighting used to outline any part of a building shall be deemed to
be a "sign." However, a "sign" shall not include any display of official
court or public office notices, any official traffic control device,
nor any flag, badges, or insignia of any public, quasi-public, civic,
charitable or religious group.
A sign off-site which directs attention to a business, commodity
or service conducted, sold or offered elsewhere than on the premises
where the sign is located.
The area defined by the outside edge of the frame surrounding
the sign or by the edge of the sign if no frame exists. Where no frame
or edge exists, the area shall be defined by a projected enclosed
four-sided (straight lines) geometric shape which most closely outlines
the sign.
A sign on-site which directs attention to a business or profession
conducted on, or to a commodity service or entertainment sold or offered
upon, the premises where such sign is located.
Any sign placed or inscribed upon the face of a building.
Any sign supported by uprights or braces placed upon the
ground and not attached to any building.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
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.
Any other information that may be reasonably
required in order to make an informed determination pursuant to the
provisions of this chapter requiring review and approval of site plans
by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
All unconsolidated mineral and organic material of any origin
and overlies bedrock and which can be readily excavated.
The Cape Atlantic Soil Conservation District, a governmental
subdivision of the state which encompasses Weymouth Township and which
was organized in accordance with the provisions of N.J.S.A. 4:24-2.
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 6-20-2018 by Ord.
No. 563-2018]
Municipal, dry sewage sludge, bulky, dry hazardous, dry nonhazardous
chemical, vegetative, animal and food processing, oil spill cleanup
and nonchemical industrial wastes. Municipal wastes include garbage,
refuse, rubbish, debris or other discarded solid materials and septic
tank liquid wastes.[6]
The Standard Specifications for Road and Bridge Construction,
as promulgated and revised by the New Jersey Department of Transportation.
The classification of uses by type of activity in which they
are engaged based upon activities defined and listed in the Standard
Industrial Classification Manual of 1987 published by the U.S. Post
Office of Management and Budget and available from the National Technical
Information Service, 5285 Port Royal Road, Springfield, Va. 22161
(Order No. PB 87-100012).[7]
Standards, requirements, rules and regulations adopted by
this chapter pursuant to N.J.S.A. 40:55D-65d regulating noise levels,
glare, earthborne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, 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 Township or required by applicable
federal or state laws.
Areas where the average slope exceeds 8% which, because of
this slope, are subject to high rates of stormwater runoff and erosion.
The flow on the surface of the ground resulting from precipitation.
That part of a building between the surface of any floor
and the next floor above it, or in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a secondary "story" if its floor level is six feet or more above the
level of the line of the finished floor next below it except a cellar.
Any floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a "story," and,
if less than two feet below the top plate, it shall be counted as
half-story, provided that not more than 60% of the floor area is used
for rooms, baths or toilets; otherwise, it shall be counted as that
fraction of a "story" which its floor area in rooms, baths or toilets
bears to the entire floor area.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such "half-story." A
basement shall also be included as a "half-story."
Those areas which include the floodway and permanent channel
of brooks and streams.
Any street, highway, avenue, boulevard, road, parkway, viaduct, alley, drive or other way which is an existing state, county or Township roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by N.J.S.A. 40:55D, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and 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, curbs, sidewalks, parking areas and other areas within the street lines. (Streets are classified by function and type by § 155-122.)
A street surfaced with an all-weather pavement which meets the criteria for street design and construction contained in § 155-122 of this chapter.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street; as distinct from a sidewalk line, curbline or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Township of Weymouth, the "street line" shall be considered to be
the proposed right-of-way line for the street. Where a definite right-of-way
has not been established, the "street line" shall be assumed to be
at a point 25 feet from the center line of the existing pavement.
(See "right-of-way line.")
A street that does not have an all-weather pavement in accordance with § 155-122, Street design and construction. An "unimproved street" could be constructed of loose gravel, any type of loose stone, or generally, any type of material that is not solidified and will not repel water or maintain a stable cross-section. In the event that the Construction Code Official or other Township official has any question as to whether a road is improved, unimproved, or potential drainage problems exist with regard to the issuance of a development permit, building permit or certificate of occupancy, such official shall contact the Township Engineer for his or her evaluation and written determination.
Any activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land and including, among other things: display stands;
fences and walls, gasoline pumps, gates and gate posts, mobile dwellings,
outdoor bins, pergolas, platforms, pools, porches, reviewing stands,
sales stands, signs, stadiums, staging, standpipes, tanks of any kind,
tents, towers of any kind, including radio and television towers and
antenna trellises. The word "structure" shall be construed as though
followed by the words "or part thereof."
The same as "alterations."
Any person or legal entity commencing proceedings under this
chapter to effect the subdivision of land hereunder.
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, divisions 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 development contained in this chapter and are
shown and designated as separate lots, tracts or parcels on the official
Tax Map of the Township. The term "subdivision" shall also include
the term "resubdivision."
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and having such
further duties relating to land subdivision as may be conferred on
this Committee by the Board.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started, or if
the structure has been damaged, and is being restored, before the
damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state of local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration of a structure
listed on the National Register of Historic Places, the State Inventory
of Historic Places, or designated by the Planning Board as an historic
building or structure in accordance with this chapter.
A public or privately owned pool open to the public on an
annual member basis, and having dressing rooms, off-street parking
and other appropriate accessory facilities.
A swimming pool that is operated for profit and open to the
public or to a limited number of members and their guests, upon payment
of an hourly, daily, weekly, monthly, annual or other fee or operated
as a service rendered by a hotel, motel or apartment development whose
units are rented to transient or permanent residents. A wading pool
with a depth of less than 18 inches and portable swimming devices
located above ground level, with an area of less than 125 feet and
a water depth of less than three feet, temporary in character and
constructed of material other than concrete or masonry, shall not
be deemed a swimming pool.
A swimming pool located on a single-family lot with a residence
on it and used as an accessory to the residence, and said pool is
utilized with no admission charges and not for the purpose of profit.
The same as "swimming pool, commercial."
A portable or semiportable table, platform or structure from
which fruits, vegetables or similar agriculture products are intended
to be sold at retail to passing motorists or pedestrians.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 4-4-2012 by Ord. No. 503-2012]
Lands which are washed by tidal flows in accordance with
the NJDEPE Tideland Council maps which are on file with the NJDEPE
and Township Clerk.
The licensed New Jersey professional engineer appointed by
the Mayor in accordance with N.J.S.A. 40A:60-6 to render engineering
services and advice to the Township.
[Amended 6-19-1996 by Ord. No. 344-96]
The licensed New Jersey professional land surveyor appointed
by the Mayor to render surveying services and advice, including maintenance
and certification of tax maps pursuant to N.J.S.A. 45:8-36, 45:8-41,
and 45:8-43; N.J.S.A. 46:23-9.11, 40A:4-53 and 40A:4-56 and N.J.A.C.
13-40-5.1.
[Amended 6-19-1996 by Ord. No. 344-96]
An area of land consisting of one or more contiguous lots
under single ownership or control, used for development or for a common
purpose. "Tract" is interchangeable with the words "development area,"
"site" and "property."
The total area of land, determined by a certified boundary
survey, excluding any public rights-of-way and/or lands shown as part
of another previously approved or designated permanent open space.
The gross tract area less the total of any areas within the
tract contained in:
See definition for "mobile home."
Structures less than eight feet in width and less than 25
feet in length and not used for purposes of day-to-day habitation
but designed to be moved from place to place, and which may be entirely
enclosed or partially enclosed with canvas or other material and which
are used on a temporary basis for sleeping and other human occupancy
during the course of activities commonly known as "camping" or "caravaning."
[Amended 3-1-1989 by Ord. No. 294-89]
An area adjacent to a freshwater or tidal wetland which minimizes
adverse impacts on the wetland or serves as an integral component
of the wetlands ecosystem.
A typed or printed verbatim record, or reproduction thereof,
of the proceedings of the municipal agency.
The New Jersey Uniform Construction Code, N.J.S.A. 40A:12-27.
The specific purposes for which a parcel of land or a building
or a portion of a building is designed, arranged, intended, occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
Essential services, including but not limited to sewers,
water, electricity, gas, telephone and cable television regulated
by the State of New Jersey or by the federal government. (See also
"essential services.")
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, 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 8-20-1997 by Ord. No. 349-97]
Permission to depart from the literal requirements of zoning
regulations of this chapter pursuant to N.J.S.A. 40:55D-40b, and N.J.S.A.
40:55D-70c and 70d.
Any structure designed for or utilized primarily for the
storage of goods and materials. The term shall include self-storage,
mini or other form of commercial warehouse activities.
Any land area or use either naturally formed or artificially
designed for the storage, passage, retention of flow of water, including
but not limited to the following: lake, pond, canal, ditch, stream
or swale.
Any area that is inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation; provided, however, that
for purposes in designating a wetland, the three-parameter approach
(i.e. hydrology, soils and vegetation) enumerated in the April 1,
1987 interim-final draft "Wetland Identification and Delineation Manual"
developed by the United States Environmental Protection Agency, and
any subsequent amendments thereto, shall be utilized. Wetlands shall
include but not be limited to all mapped New Jersey State Wetlands
or to wetlands as defined in accordance with the New Jersey Coastal
Development Policies (N.J.A.C. 7.7D-1.0 et seq.); by the U.S. Army
Corps of Engineers and the Pinelands Comprehensive Management Plan
(N.J.A.C. 7:50-6.3 through 7:50-6.5). Wetlands shall include "wetland
soils."
The establishment of a characteristic wetland or the removal
of exotic species of 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 4-4-2012 by Ord. No. 503-2012]
Areas known as marshes, swamps or other lowland subject to
tidal action along Great Egg Harbor River and its tributaries, or
any area now or formerly connected to tidal waters, whose surface
is at or below an elevation of one foot above local extreme high water
and/or on which vegetation unique to tidal marshes, swamps or lowlands
has become adapted. This definition shall include but is not limited
to all the mapped New Jersey State Wetlands in accordance with the
Wetlands Act, N.J.S.A. 13:9A-1 et seq.; to wetlands defined in accordance
with the New Jersey Coastal Development Policies, (N.J.A.C. 7:7D-1.0
et seq.); within the CAFRA Area; to wetlands defined in accordance
with New Jersey Pinelands Commission Comprehensive Development Plan
(N.J.A.C. 7:50-1 et seq.); or by the U.S. Army Corps of Engineers.
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansbury, Leon, Mick, Othello, Pocomoke, St.
John's and Freshwater Marsh and Tidal Marsh soil types, also including
hydric soils, defined and classified as wetlands by the U.S. Army
Corps of Engineers in accordance with the Clean Water Act of 1977,
as amended, and soils defined and classified as wetlands by the Pinelands
Commission in the Pinelands Comprehensive Management Plan and the
New Jersey Environmental Protection Agency in the Freshwater Wetlands
Protection Act (P.L. 1977, c. 74, as amended by P.L. 1987, c. 156.[8])
Any area within a tract covered by trees, woods or forests,
including closely grouped or stands of 10 or more mature or specimen
trees of six-inch caliper or greater; or individual shade and specimen
trees of twelve-inch caliper or greater, or individual ornamental
trees of four-inch caliper or greater.
An open space which lies between a principal building or
building group, for the full length of the lot and the nearest lot
line. A "yard" is to be unoccupied and unobstructed from the ground
upward except as herein permitted. All yards will be identified as
either front yard, side yard or rear yard.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
The depth of the "front yard" shall be measured at right angles to
the front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
The depth of a "rear yard" shall be measured at right angles to the
rear of the lot in the same manner as specified herein for the measurement
of lot depth.
An open, unoccupied space between the side line of the lot
and the nearest line of the building and extending from the front
yard to the rear yard, or in the absence of either of such yards,
to the front or rear lot lines as the case may be. The width of a
"side yard" shall be measured at right angles to the side line of
the lot.
Any part of territory of the Township of Weymouth which is
designated as a zone or zoning district on the official Zoning Map
on file with the Township Clerk[9] and to which certain uniform regulations and requirements
of this chapter apply.
The same as "development permit."
[1]
Editor's Note: The Zoning Board of Adjustment was terminated 12-2-2015 by Ord. No. 543-2015. See § 155-8, Planning Board to exercise powers of Board of Adjustment.
[2]
Editor's Note: The Zoning Board of Adjustment was terminated 12-2-2015 by Ord. No. 543-2015. See § 155-8, Planning Board to exercise powers of Board of Adjustment.
[3]
Editor's Note: See N.J.S.A. 58:16A-51.
[4]
Editor's Note: See N.J.S.A. 13:18A-7.
[5]
Editor's Note: The Zoning Board of Adjustment was terminated 12-2-2015 by Ord. No. 543-2015. See § 155-8, Planning Board to exercise powers of Board of Adjustment.
[6]
Editor's Note: The former definition of "specimen
tree," which immediately followed this definition, was repealed 8-20-1997
by Ord. No. 349-97.
[7]
Editor's Note: The former definition of "standard
subsurface sewage disposal system," which immediately followed this
definition, was repealed 8-20-1997 by Ord. No. 349-97.
[8]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
[9]
Editor's Note: The Zoning Map is included
in a pocket at the end of this Code.
