All words defined in the Municipal Land Use Law, (MLUL) Chapter
291, Laws of New Jersey, if not contained in this section, are incorporated
herein and declared to be a part of this chapter. Should a term not
be defined in either this text or the MLUL, than the meaning defined
in The New Illustrated Book of Development Definitions, by Harvey
S. Moskowitz and Carl G. Linbloom, shall be used. For the purpose
of this chapter, unless the context clearly indicates a different
meaning, certain words or terms used herein shall be interpreted or
defined as follows:
ACCESSORY BUILDING
A structure that is separate and detached from but customarily
incidental and subordinate to the principle use or building and located
on the same lot with such principal building. (See also the definition
of "building, accessory" in this section.)
ACCESSORY USE
A use which:
A.
Is subordinate to and serves a principle building or a principle
use, including but not limited to the production, harvesting, and
storage as well as washing, grading and packaging of unprocessed produce
grown on-site;
B.
Is subordinate in area, extent and purpose to the principal
structure or principal building or principal use served;
C.
Contributes primarily to the comfort, convenience or necessity
of the occupants, business or industry of the principal structure
or principal use served; and
D.
Is located on the same parcel as the principal structure or
principal use served, except as otherwise expressly authorized by
the provisions of this chapter.
ADMINISTRATIVE OFFICER
The Zoning Officer is designated as Administrative Officer
in accordance with N.J.S.A. 40:55D-1, et seq., and N.J.A.C. 7:50-4.34(b).
ADULT CABARET
Any nightclub, bar, restaurant or similar commercial establishment
which regularly features any of the following:
A.
Persons who appear in a state of nudity;
B.
Live performances characterized by the exposure of specified
anatomical areas or specified sexual activities; or
C.
Films, motion pictures, videocassettes, slides, computer presentations
or other moving imagery productions characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
AGRICULTURAL COMMERCIAL ESTABLISHMENT
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year-round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural production
facilities such as a farm itself, nor facilities which are solely
processing facilities.
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings for the seasonal use of employees of
an agricultural or horticultural use, which because of their character
or location are not to be used for permanent housekeeping units and
which are otherwise accessory to a principal use of the lot for agriculture.
AGRICULTURAL ESTABLISHMENTS
An establishment, the primary purpose of which is the sale
of goods, commodities, or services that support active farm operations.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
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; livestock,
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 any agency of the Federal Government.
AGRICULTURAL PRODUCTS PROCESSING FACILITY
A facility designed, constructed, and operated for the express
purpose of processing agricultural products grown in the Pinelands,
including washing, grading, and packaging of those products.
ALLEY
A minor way, which may or may not be legally dedicated, which
affords only a secondary means of access to abutting property.
ALTERATIONS
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another. Normal repairs
and maintenance shall not be considered alterations.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater,
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Amended 10-24-2017 by Ord. No. 9-2017]
ANIMAL UNIT
The equivalent of one cow, horse, pony, or mule, up to two
hogs, five sheep or goats, or 50 poultry.
ANTENNA SUPPORT STRUCTURE
Any building or structure other than a tower, which can be
used for location of telecommunications facilities.
APARTMENT
An independent, self-contained dwelling unit with its own
sleeping, sanitary and cooking facilities in a building containing
more than two such dwelling units or more than one use.
APARTMENT, ACCESSORY
An apartment unit that has been added onto, or created within,
a single-family house.
APARTMENT, GARDEN
A residential structure of no more than three stories containing
three or more dwelling units.
APARTMENT, HIGH-RISE
A residential structure of more than three stories containing
three or more dwelling units.
APPLICANT
The party submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to Section 25 or 27 of New Jersey P.L.
1975, c. 291. This shall include 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 §
144-51B(2) of this chapter.
APPROVING AUTHORITY
Any board, body, authority or person within the Township
with authority to approve or disapprove subdivisions, site plans,
zoning permits, construction permits or other applications for development
approval.
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 7-24-2012 by Ord. No. 7-2012]
ATTIC
That part of a building, which is immediately below, and
wholly or partly within the roof framing.
AUTOMOTIVE GARAGE
Any premises used for the repair or servicing of vehicles,
automotive or others, excluding, however, automotive wrecking and
scrap facilities.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for purposes of height measurement if
the vertical distance between the ceiling and the average level of
the adjoining ground is more than five feet or if used for business
or dwelling purposes.
BED-AND-BREAKFAST INN
Any structure or use offering to provide overnight accommodations
and a morning meal in a dwelling unit provided to visitors or transients
for compensation.
BEDDING
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 7-24-2012 by Ord. No. 7-2012]
BERM
A mound of soil, either natural or man-made, used as a view
obstruction.
BILLBOARD
A sign, which directs attention to a product, business, service,
or entertainment, conducted, sold, or offered elsewhere than upon
the lot on which such sign is situated. (Also called off-site commercial
advertising sign.)
BROADCAST SCARIFICATION
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce aboveground shrub
cover, debris, leaf litter and humus without disturbance to mineral
soil horizons and associated roots.
[Added 7-24-2012 by Ord. No. 7-2012]
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, designed to continuously limit view and/or sound from
the site to adjacent properties.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
BUILDING, ACCESSORY
A building detached from and subordinate to the principal
building on a lot and used for purposes customarily incidental to
those of the principal building. (See also the definition of "accessory
building" in this section.)
BUILDING, HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
CAMP SITE
A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.
CAMPER
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation, or other short term uses. "Camper"
does not include mobile homes or trailers.
CARPORT
A roofed structure providing space for the parking of motor
vehicles enclosed on three or less sides.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
CEMETERY
Property used for interring the dead below ground, and including
mausoleums for interring the dead aboveground.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the approving authority upon approval
of the exterior architectural features of any new building construction
or alterations to an existing building located within a historic zone
or district.
CERTIFICATE OF COMPLIANCE
A document issued by the proper authority that the plans
for a proposed use meet applicable codes and regulations.
CERTIFICATE OF FILING
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other buildings or transshipment points.
CIRCULATION CLUB MEMBERSHIP
An organization catering exclusively to members and their
guests, including premises and buildings for social, recreational
or other athletic purposes, which are not conducted primarily for
financial gain, providing that there are not conducted any vending
stands, merchandising, or commercial activities except as required
generally for the membership and purposes of such club and within
the property boundaries of such facilities.
CLEARCUTTING
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clearcutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 7-24-2012 by Ord. No. 7-2012]
COMMERCIAL SHOPPING CENTER
A retail facility consisting of more than one structure or
use, designed to utilize common site improvements such as parking,
lighting, walkways and stormwater management facilities.
COMMISSION
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.
COMMON OPEN SPACE
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.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards in the Land Development Ordinance, and upon
the issuance of an authorization therefore by the Planning Board pursuant
to N.J.S.A. 40:55D-67.
CONTIGUOUS LAND
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit, provided that separation
by lot line, streams, dedicated 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.
COPPICING
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 7-24-2012 by Ord. No. 7-2012]
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of the county in which the municipality is located, 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.
COURT, INNER
An open, unoccupied space enclosed on all sides by exterior
walls of a building.
COVERAGE
The percentage of the plot or the lot area covered by the
building area.
DEAD-END
See "street; cul-de-sac or dead-end."
DECK
An uncovered structure, usually constructed of wood, extending
from the exterior wall of a residential dwelling, no more than five
feet above the finished elevation of the ground surface at the wall
from which it extends. A deck shall be considered as an accessory
structure.
DENSITY
The permitted number of dwelling units per gross acre of
land to be developed. (i.e., that land in use or intended to be used
for residential buildings and their accessory uses such as open yard
space, parking space, driveways on the same lot, but excluding streets,
playgrounds or other public uses of land.)
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
enforceable proprietary interest in such land.
DEVELOPMENT
The change of or enlargement of any use or disturbance of
any land; the performance of any building or mining operation; the
division of land into two or more parcels; and the creation or termination
of rights of access or riparian rights, including but not limited
to:
A.
A change in type of use of a structure or land;
B.
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
C.
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
or offices or dwelling units in a structure or on land;
D.
Commencement of resource extraction or drilling or excavation
on a parcel of land;
E.
Demolition of a structure or removal of trees;
F.
Commencement of forest activities;
G.
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
H.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
materials; and
I.
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
DEVELOPMENT APPROVAL
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance
of a construction permit, subdivision or site plan approval.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, or amendment thereto, adopted and filed pursuant
to this chapter.
DEVELOPMENT, MAJOR
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing,
or disturbance of an area in excess of 5,000 square feet.
DISKING
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 7-24-2012 by Ord. No. 7-2012]
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
DRAINAGE
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 where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and means necessary
for water supply preservation or prevention or alleviation of flooding.
DRIVEWAY
A private roadway providing access to a street or highway.
DRUM CHOPPING
A silvicultural practice involving the drawing of a large
cylindrical drum with cutting blades mounted parallel to its axis
across a site to break up, slash, or 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 7-24-2012 by Ord. No. 7-2012]
DWELLING, TWO-FAMILY
A building, or portion thereof, containing two dwelling units
on a single lot under single ownership.
DWELLING UNIT
A building, or entirely self-contained portion thereof, but
not including a boat, trailer or other vehicle of any type nor a temporary
shelter such as a tent, which contains complete housekeeping facilities
in common with any other dwelling unit, except vestibules, entrance
halls, porches or hallways.
DWELLING UNIT AREA
The area enclosed within the inside walls of the dwelling
unit with a finished floor to structural ceiling height of not less
than seven feet six inches including garages, porches, and any spaces
located below the top of the foundation wall.
DWELLING, MULTIPLE
A building, or portion thereof, containing more than two
dwelling units.
EASEMENT
A grant of one or more property rights by the property owner
to and/or for use by the public; a corporation, or another person
or entity.
ELECTRICAL 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:
A.
Another substation of the utility company;
B.
A substation of or interconnection point with another interconnecting
utility company;
C.
A substation of a high-load customer of the utility.
EMERGENCY STREET OPENING
An urgent opening and repair operation required to protect
the health, safety, and welfare of the general public from the immediate
hazards posed by a broken and or leaking facility, an eroded and undermined
structure, or other similar instance involving a sudden and unforeseen
hazard.
ENGINEER
Any engineer licensed to practice within the State of New
Jersey.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
EXCAVATION
The extension, opening or any other work permitted under
a street opening permit and required to be performed.
EXHIBIT
The sale of admission to view obscene material.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, whose relationship is of a permanent
and distinct domestic character.
FENCE
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
FINAL APPROVAL
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 guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
FIRE HAZARD
The classification of a parcel of land in accordance with the provisions of §
144-91, Fire management, of this chapter.
FISH AND WILDLIFE MANAGEMENT
The changing of the characteristics and interactions of fish
and wildlife population and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
FLOOR AREA TOTAL
The sum of the gross horizontal area of all floors of any
buildings or structures on a lot, measured from the exterior walls.
In particular, the total floor area shall be any basement or cellar
space which has been improved for residential purposes (but in no
case may that space which is included as part of the total floor area
exceed 20% of the total basement area); all space other than basement
or cellar spaces with structural headroom of at least seven feet six
inches and all interior balconies and mezzanines.
FORESTRY
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 7-24-2012 by Ord. No. 7-2012]
A.
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
B.
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
C.
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
D.
Removal of trees necessary for the maintenance of utility or
public rights of way;
E.
Removal or planting of trees for the personal use of the parcel
owner; and
F.
Removal of trees for public safety.
FORESTRY MANAGEMENT PLAN
A plan detailing forestry management programs in accordance
with provisions of N.J.A.C. 7:50-4.2(b)6.ii.
FOREST STAND
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 7-24-2012 by Ord. No. 7-2012]
GROUP SELECTION
A silvicultural practice whereby a group of trees is periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 7-24-2012 by Ord. No. 7-2012]
HABITAT
The natural environment of an individual animal or plant
population or community.
HEIGHT
The vertical distance of a building measured from grade to
the highest point of the roof for flat roofs, to the deck line for
mansard roofs, to the mean height between eaves and ridge for gable,
hip and gambrel roofs. For structures, the vertical distance measured
from grade to its highest point. No height limitation in this chapter
shall apply to any of the following structures, provided that such
structures are compatible with uses in the immediate vicinity: antennas
which do not exceed a height of 200 feet and which are accessory to
an otherwise permitted use, silos, barns and other agricultural structures,
church spires, cupolas, domes, monuments, water towers, fire observation
towers, electric transmission lines and supporting structures, windmills,
smokestacks, derricks, conveyors, flag poles and masts, or aerials,
solar energy facilities, chimneys and similar structures to be placed
above the roof level and not intended for human occupancy. No height
limitation in this chapter shall apply to the antenna and any supporting
structure of a local communication facility of greater than 35 feet,
provided that the standards set forth in the N.J.A.C. 7:50-5.4(c)
are met.
HISTORIC RESOURCE
Any site, building, area, district, structure or object important
to American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
HISTORIC SITE
Any building, structure, area or property that is important
in the history, or prehistory, architecture, archaeology or culture
of this state, its communities or the nation and has been so designated
pursuant to this chapter.
HOME OCCUPATION
Any activity carried out for monetary gain by a resident
and conducted as a customary, incidental, and accessory use in the
resident's dwelling or accessory building.
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
HYDROPHYTES
Any plant growing in water or in substrata that is at least
periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILY
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 10-24-2017 by Ord. No. 9-2017]
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10
-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Amended 7-24-2012 by Ord. No. 7-2012]
IMPERVIOUS SURFACE
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater, directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in urban areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210, Engineering, 210-3-1, Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
[Added 7-24-2012 by Ord. No. 7-2012]
INDIVIDUAL SELECTION
A silvicultural practice whereby single trees are periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 7-24-2012 by Ord. No. 7-2012]
INSTITUTIONAL USE
Any land use 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 and rehabilitation
therapy facilities; military facilities; churches; public office buildings;
cemeteries; and other similar facilities.
INTERESTED PARTY
A.
In criminal or quasicriminal proceeding, any citizen of the
State of New Jersey; and
B.
In the case of civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire, or
enjoy property is, or may be, affected by any action taken under this
chapter, or whose rights to use, acquire, or enjoy property under
this chapter, or under any other law of this state or of the United
States, have been denied, violated or infringed by an action or a
failure to act under this chapter.
INTERIM RULES AND REGULATIONS
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
LAND
Includes the surface and subsurface of the earth as well
as improvements and fixtures on, above, or below the surface and any
water found thereon.
LOADING SPACE, OFF-STREET
Any paved or otherwise surfaced off-street space available
only for the loading or unloading of goods, at least 12 feet wide
and 35 feet long with clear headroom of at least 14 feet and having
direct usable access to a street.
LOCAL COMMUNICATIONS FACILITY
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point-to-point communication, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
LOT AREA
When considering an application for development and determining
whether or not the same meets minimum lot size requirements of the
Township Development Ordinance, the acreage of the property in question
shall be determined by reference to the legal description of the deed,
which shall be the primary source of reference, with the Tax Map being
the secondary source of reference; if the legal description of the
deed contains property which is part of a public road in the Township
of Mullica, whether dedicated or not, which has never been vacated,
then the portion of the property which lies, by deed description,
in the road may be credited to the lot area of the applicant, provided
that the area lying in the designated roadway shall not exceed 10%
of the total lot size. To the extent that the property lying in the
roadway shall exceed 10% of the property, only 10% may be attributed
to the applicant for purposes of determining the lot area.
LOT WIDTH
The mean width of the lot, measured at right angles to its
depth.
LOT, CORNER
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
corner lot if straight lines drawn from the foremost points at the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
LOT, DEPTH
The mean distance from the street line of a lot to its opposite
rear line measured in the general direction of the sidelines of the
lot.
LOT, INTERIOR FRONT LINE
The dividing line between the lot and the street except in
the case where a lot has no street frontage but abuts on a right-of-way,
then such right-of-way line shall be the front line of the lot.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by the
municipality for the maintenance of any improvements required by this
chapter.
MAINTENANCE SURETY
A corporate bond, guarantee bond, or certified check or other
similar surety acceptable to the Township Solicitor, furnished by
the applicant as a guarantee of good faith performance of all maintenance
and repair required at the site.
MARINA
A facility for storing, servicing, fueling, berthing and
securing of boats and retail facilities for owners, crews and guests.
MASTER PLAN
A comprehensive, long-range plan intended to guide the growth
and development of the Township that includes inventory and analytic
sections leading to recommendations for the community's future economic
development, housing, recreation and open space, transportation, community
facilities, and land use, all related to the Township's goals and
objectives for these elements.
MAYOR
The chief executive of the municipality, whatever his/her
official designation may be, except that in the case of municipalities
governed by municipal council and municipal manager, the term "Mayor"
shall not mean the "municipal manager" but shall mean the Mayor of
such municipality.
MINOR SUBDIVISION
A subdivision of land that does not involve:
A.
The creation of more than three lots exclusive of the remaining
lot or parcel fronting upon an existing approved and improved street;
B.
Planned or cluster development;
D.
Extension of any off-tract improvement.
MOTEL
Any building containing more than 10 occupancy units that
are rented or hired out to transient clientele for sleeping purposes,
and is subject to the laws and regulations of the state of New Jersey.
MUNICIPAL AGENCY
A municipal planning board or board of adjustment, or a governing
body of a municipality when acting pursuant to this act and any agency
which is created by or responsible to one or more municipalities when
such agency is acting pursuant to the Municipal Land Use Law.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 7-24-2012 by Ord. No. 7-2012]
NET SITE AREA or NET RESIDENTIAL AREA
An area of land devoted to residential buildings and accessory
uses on the same lots, such as informal open space, drives, parking,
and service areas, but excluding land for public streets and nonresidential
buildings.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, 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.
NUDE, NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, or anal cleft with less than a fully opaque covering,
the showing of the female breast with less than a full opaque covering
or any part of the nipple or the showing of the covered male genitals
in a discernibly turgid state.
OBSCENE MATERIAL
Any description, narrative account, display or depiction
of sexual activity or anatomical area contained in, or consisting
of, a picture or other representation, publication, sound recording,
live performance or film which by means of posing, composition, format
or animated sensual details:
A.
Depicts or describes, in a patently offensive way, ultimate
sexual acts, normal or perverted, actual or simulated, masturbation,
excretory functions or lewd exhibition of the genitals;
B.
Lacks serious literary, artistic, political or scientific value,
when taken as a whole; and
C.
Is a part of a work, which, to the average person applying contemporary
community standards, has a dominant theme, taken as a whole, which
appeals to the prurient interest.
OFF TRACT
Not located on the property, which is the subject of a development
application, or on a contiguous portion of a street or right-of-way.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article
V, NJ P.L. 1975, c. 291.
OFF-SITE
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 on a contiguous portion of a street
or right-of-way.
OFF-SITE COMMERCIAL ADVERTISING SIGN
A sign, other than one which advertises an agricultural commercial
establishment, which directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a location other than
the premises on which the sign is located. (Also called "billboard.")
OFF-SITE PARKING
Parking for a specific use but located on a site other than
the one on which the specific use is located.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment of owners and occupants of land adjoining or neighboring
such open space; provided that such area may be improved with only
those buildings, structures, streets and off-street parking and other
improvements that are designed to be incidental to the natural openness
of the land.
OWNER
The person, corporation or other entity with fee title or
long-term (exceeding 10 years) leasehold to any parcel of land within
the Township who desires to develop, construct, build, modify or erect
a tower upon such parcel of land.
PARCEL
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.
PARK
A park, playground, recreation center or any other public
area owned or used by the Township or local authorized governmental
agencies and devoted to active or passive recreation.
PARKING SPACE
A space enclosed which, exclusive of driveways and turning
areas, is in accordance with the following schedule and which is accessible
and available for the parking of one vehicle. Required off-street
parking areas shall have individual spaces marked and shall be so
designed, maintained and regulated that no parking or maneuvering
incidental to parking shall be on any public street, walk or alley
and so that any vehicle may be parked or unparked without moving another
vehicle.
|
Dimensions for Parking at These Angles
|
---|
|
|
Parallel
|
30°
|
45°
|
60°
|
90°
|
---|
|
Stall width (feet)
|
9
|
9
|
9
|
9
|
9
|
|
Stall depth (feet)
|
18
|
18
|
18
|
18
|
18
|
|
Aisle width (feet)
|
12
One-way
|
15
One-way
|
16
One-way
|
20
One-way
|
24
Two-way
|
PARTY IMMEDIATELY CONCERNED
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 Section 7.1 of NJ P.L. 1975, c.
291.
PASTORAL ANIMAL
Any animals typically associated with grazing, including
but not limited to: horses, cows, sheep, swine, ponies, mules or goats.
PERFORMANCE GUARANTEE
Any security which may be accepted by a municipality, including
cash; provided that a municipality shall not require more than 10%
of the total performance guarantee in cash.
PERFORMANCE SURETY
A corporate bond, performance bond, certified check or other similar security acceptable to the Township Solicitor, furnished by the applicant as a guarantee of good faith in performing and completing the work as described in the application and permit forms in full compliance with the construction standards contained here and under Article
XI, Design, Performance and Evaluation Standards, of this chapter, and to assure that any subsequent necessary repairs are accomplished as directed by the Township Engineer.
PERIMETER SETBACK
A clear and unoccupied space extending along the entire lot
line to a depth specified in this chapter. The depth of the perimeter
setback area shall be measured at right angles to the lot line of
the property.
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 7-24-2012 by Ord. No. 7-2012]
PERMITTEE
Any person who has been granted and has in full force and
effect a permit issued hereunder.
PERSON
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
PINELANDS AREA
All of Mullica Township as designated by Section 10(a) of
the New Jersey Pinelands Protection Act. (N.J.S.A. 13:18A-1 et seq.).
PINELANDS DEVELOPMENT CREDITS
A use right allocated to certain lands within the Township
pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential
density bonus on other lands in municipalities which have adopted
appropriate ordinances permitting their use.
PINELANDS DEVELOPMENT REVIEW BOARD
The agency responsible from February 8, 1979, until June
28, 1979, for the review of an 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.
PINELANDS RESOURCE RELATED USE
Any use which is based on resources which are indigenous
to the Pinelands including, but not limited to, forest products, berry
agriculture and sand, gravel, clay or limonite.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by ordinance
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 and other uses
incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of 50
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.
PLANNING BOARD
The municipal planning board established pursuant to Section
14 of NJ P.L. 1975, c. 291 and Article
IV of this chapter.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Section 34, 36
and 37 of NJ P.L. 1975, c. 291 prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
PRESERVATION AREA
That area so designated by Section 10(b) of the Pinelands
Protection Act.
PROPERTY
A lot, parcel or tract of land together with the building
and structures located thereon.
PROTECTION AREAS
All land within the Pinelands Area which is not included
in the preservation area.
PUBLIC AREAS
A.
Public parks, playgrounds, trails, paths and other recreational
areas;
B.
Other public open spaces;
C.
Scenic and historic sites; and
D.
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT
Development, including subdivision, by any Township or other
governmental agency.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGE WAY
The land reserved or dedicated for the installation of stormwater
sewers or drainage watercourse for preserving the channel and providing
for the flow of water to safeguard the public against flood damage,
sedimentation, and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservation uses.
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable
television, and other public utilities developed linearly, roads and
streets and other similar services provided or maintained by any public
or private entity.
PUBLIC USE
Any land, structure or buildings used by the general public
constructed by a governmental entity, including but not limited to
assembly buildings such as auditoriums, libraries, and meeting halls;
business, administrative offices, recreation buildings, or public
works buildings.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
RECORD TREE
The large tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Commission.
RECREATIONAL FACILITY, INTENSIVE
Any recreational facility which does not satisfy the definition
of low-intensive recreational facility, including but not limited
to golf courses, marinas, amusement parks, hotel, and motels.
RECREATIONAL FACILITY, LOW-INTENSIVE
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
RESIDENCE
A home abode or place where an individual or household is
actually living at a specific point in time.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
RESOURCE CONSERVATION PLAN
A plan prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
RESOURCE EXTRACTION
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay or limonite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
RESOURCE MANAGEMENT SYSTEM PLAN
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.
[Added 7-24-2012 by Ord. No. 7-2012]
RESUBDIVISION
A.
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law; or
B.
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 other instrument.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer, and other similar
uses.
ROOT RAKING
A silvicultural practice involving the drawing of a set of
tines, mounted on the front or trailed behind a tractor, over an area
to thoroughly disturb tree and vegetation roots and/or to collect
stumps and slash.
[Added 7-24-2012 by Ord. No. 7-2012]
SCHOOL, PUBLIC OR PRIVATE
Any building or group of buildings, the use of which meets
requirements for primary, secondary, or higher education, licensed
by the Board of Education of the State of New Jersey.
SEASONAL HIGH WATER TABLE
The level below the natural ground surface to which water
seasonally rises in the soil in most years in accordance with the
Atlantic County Soil Survey.
SEDIMENTATION
The 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.
SEED TREE CUT
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 7-24-2012 by Ord. No. 7-2012]
SETBACK
The minimum distance between a building and any lot line.
When two or more lots under one ownership are used for a single development,
the exterior lot lines so grouped shall be used in determining the
setback.
SETBACK LINE
That line that is the required minimum distance from any
lot line and that establishes the area in which a building must be
erected or placed.
SEXUALLY ORIENTED BUSINESS
A commercial establishment which as one of its principal
business purposes offers for sale, rental, or display any of the following:
A.
Books, magazines, periodicals or other printed material or photographs,
films, motion pictures, videocassettes, slides or other visual representations
which depict or describe a specified sexual activity or specified
anatomical area; or still or motion-picture machines, projectors or
other image-producing devices which show images to one person per
machine at one time and where the images so displayed are characterized
by the depiction of a specified sexual activity or specified anatomical
area or instruments, devices or paraphernalia which are designed for
use in connection with a specified sexual activity; or
B.
A commercial establishment which regularly features live performances
characterized by the exposure of a specified anatomical area or by
specified sexual activity or which regularly shows films, motion pictures,
videocassettes, slides or other photographic representations which
depict or describe a specified sexual activity or specified anatomical
area.
C.
Sexually oriented businesses shall include all of the above-defined
establishments and include all establishments where the above-defined
activities occur, including but not limited to adult bookstores, adult
mini motion-picture theaters and adult motion-picture theaters.
SHELTERWOOD CUT
A silvicultural practice involving the establishment of a
new, essentially even-aged forest stand from release, typically in
a series of cuttings, of new trees started under the old forest stand.
A shelterwood cut involves the establishment of the new forest stand
before the old forest stand is removed.
[Added 7-24-2012 by Ord. No. 7-2012]
SIGN
Any object, device, display or structure, or part thereof,
situated outdoors, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors, illumination
or projected images. Signs do not include the flag or emblem of any
nation, organization of nations, state or city or any fraternal, religious
or civic organization; merchandise, pictures or models of products
or services incorporated in a window display; works of art which in
no way identify products; scoreboards located on athletic fields;
or any public traffic or directional signs.
SITE PLAN COMMITTEE
Made up of certain members of the Planning Board of the Township
to review and classify all site plan applications and make recommendations
to the Planning Board in regard thereto and to exercise all other
rights and duties pursuant to this chapter.
SITE PLAN, MAJOR
A site plan of more than one lot that proposes construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, or any mining excavation or landfill, or clearing, grading or disturbance of any land in excess of 5,000 square feet for nonagricultural purposes and any change in use of any building or other structure or land or expansion of use of land, including the use of land for outdoor sales of products, whether such use is temporary or permanent. Development that requires more than five parking spaces as determined in accordance with §
144-123, 1,000 square feet of gross building or structure improvements or involves planned development, new street or extension of any off-tract improvements shall require major site plan approval. Individual lot applications for one or two dwelling-unit buildings and accessory structures shall not be required to obtain major site plan approval.
SITE PLAN, MINOR
A site plan of one or more lots that proposes, construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, or any mining excavation or landfill, or clearing, grading or disturbance of any area less than 5,000 square feet for nonagricultural purposes and any change in use of any building or other structure or land or expansion of use of land, including the use of land for outdoor sales of products, whether such use is temporary or permanent. Development must not require more than five parking spaces as determined in accordance with §
144-123, 1,000 square feet of gross building or structure improvements and does not involve planned development, any new street or extension of any off-tract improvement and contains information reasonably required to make an informed determination whether the requirements established by ordinance have been met, individual lot applications for one- or two-dwelling-unit buildings and accessory structures shall not be required to obtain minor site plan approval.
SOLAR ENERGY FACILITY
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 10-24-2017 by Ord.
No. 9-2017]
SPECIFIED ANATOMICAL AREA
A.
Less than completely and opaquely covered human genitals, pubic
regions, buttocks or a female breast below a point immediately above
the tope of the areola; or
B.
Human male genitals in discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
The fondling or other erotic touching of covered or uncovered
human genitals, pubic region, buttock or female breasts or any actual
or simulated act of masturbation, sexual intercourse or deviant sexual
intercourse.
STANDARDS OF PERFORMANCE
Standards:
A.
Adopted by ordinance pursuant to Section 52d. of NJ P.L. 1975,
c. 291, regulating noise levels, glare, earth-borne or sonic vibrations,
heat, electronic or automatic radiation, noxious odors, toxic materials,
explosive and inflammable materials, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other similar matters as may be reasonably required by the municipality;
or
B.
Required by applicable federal and state laws or municipal ordinance.
STEALTH
Any tower or telecommunications facility which is designed
to enhance compatibility with adjacent land uses, including but not
limited to architecturally screened roof-mounted antennas, antennas
integrated into architectural elements and towers designed to look
other than like a tower such as light poles, power poles and trees.
The term "stealth" does not necessarily exclude the use of uncamouflaged
lattice, guyed or monopole tower designs.
STORY
That part of any building comprised between the level of
one finished floor and the level of the next-higher finished floor,
or if there is no higher finished floor, then that part of the building
comprised between the level of the highest finished floor and the
top of the roof beams.
STORY, HALF
Any space partially within the roof framing where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way: which is an existing state, county, or municipal roadway;
or which is shown upon a plat heretofore approved pursuant to law;
or which is approved by official action as provided by this chapter;
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 the grant to such board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, streets shall be classified as follows:
A.
ALLEYSMinor ways, which are used primarily for vehicular, services access to the back or the side of properties otherwise abutting a street.
C.
COLLECTOR STREETSStreets, which carry traffic from minor streets to major streets. Those include the principal entrance streets of a residential development and streets for circulation within residential areas and to provide areas to the secondary street system.
E.
CUL-DE-SACMinor streets which dead-end and are provided at the closed end with a turnaround of sufficient diameter to permit vehicular traffic to make a complete nonstop turn of 360°.
F.
MAJOR STREETSStreets, which are used primarily for heavy local and through traffic and those streets, which are or may become the principal traffic arteries through the Township of Mullica or between major sections of said Township.
G.
MARGINAL-ACCESS STREETSStreets which are parallel or adjacent to controlled-access highways or major or arterial streets and which provide access to abutting properties and protection from through traffic, being designed to preclude direct access from adjacent properties to controlled access highways or major or arterial streets.
H.
MINOR STREETSStreets which are designed primarily to provide access to the abutting properties.
I.
SECONDARY STREETSStreets designed to provide the overall circulation system within the blocks formed by the major street system, and which provide the primary access to the major street system.
STREET LINE
The dividing line between a lot and a public street, road
or highway; or a private street or roadway over which two or more
dominant estates have the right-of-way.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or in
the dimensions or configurations of the roof or exterior walls.
STRUCTURE
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.
SUBDIVISION
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 act, if no new streets are created: (1) 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; (2) divisions
of property by testamentary or in testate provisions; (3) division
of property upon court order; and (4) conveyances so as to combine
existing lots by deed or other instrument. The term "subdivision"
shall also include the term "resubdivision."
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing.
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the transmission or reception
of communications which a person seeks to locate or has installed
upon or near a tower or antenna support structure. However, telecommunications
facilities shall not include:
A.
Any satellite earth station antenna two meters in diameter or
less which is located in an area zoned industrial or commercial.
B.
Any satellite earth station antenna one meter or less in diameter
regardless of zoning category.
THINNING
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 7-24-2012 by Ord. No. 7-2012]
TOWER
A self-supporting lattice, guyed or monopole structure constructed
from grade, which supports telecommunications facilities. The term
"tower" shall not include amateur radio operator's equipment as licensed
by the FCC.
TOWNSHIP
The Township of Mullica, including its Planning and Zoning
Board.
TRACT
An area, parcel, site, piece of land or property that is
the subject of a development application.
TRANSCRIPT
A typed or printed verbatim record of the proceedings, or
reproduction thereof.
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage, or stormwater discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Sections 29.2b. 57c and 57d of
NJ P.L. 1975, c. 291. (N.J.S.A. 40: 55D-40b, 40:55D-70c, 40:55D-70d)
VEHICLE IMPOUND LOT
A privately operated facility for the storage of vehicles
from accidents, seizures, abandon cars, etc. and only from the Township
of Mullica.
VEHICLE SALES
Any establishment selling motor vehicles, new or used.
WAIVER
Permission to depart from the submission requirements of
this chapter.
WETLAND SOILS
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Berryland, Muck,
Pocomoke, and Freshwater Marsh and Tidal Marsh soil types.
WETLANDS
Those lands which are inundated or saturated by water at
a magnitude, duration, and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 6.5.
WETLANDS MANAGEMENT
The establishment of a characteristic wetland or the removal
of exotic species or Phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
exotic species are those that are not indigenous to North America.
[Added 7-24-2012 by Ord. No. 7-2012]
WINDOW, LEGAL
A window or portion of a window (including a window either
in addition to or as a substitute for mechanical ventilation), which
is required by any applicable law or statute or other municipal codes
or ordinances to provide light or ventilation to a room, used for
living purposes.
YARD
An open unoccupied space on the same lot with the main building,
open and unobstructed from the ground upward.
YARD SALE
Shall include the terms "tag sale," "garage sale" and/or
"attic sale." For purpose of this chapter "yard sale" shall be defined
as a sale conducted by a family or families during which used personal
property is sold to the public.
YARD, FRONT
A yard extending the full width of the lot and extending
from the front line of the main building, projected to the side lines
of the lot, to the street line.
YARD, REAR
A yard extending the full width of the lot, and extending
from the rear line of the lot to the rear line of the main building,
projected to the side lines of the lot.
YARD, REAR, DEPTH
The mean distance from the rear lot line or its vertical
projection to the part of the building that is nearest thereto at
any story level.
YARD, SIDE
A yard extending from the front yard to rear yard between
the main building and the adjacent sideline of the lot.
YARD, SIDE, WIDTH
The minimum distance between the side lot line or its vertical
projection and the sidewalls of the building.
ZONE or DISTRICT
A specifically delineated area as shown on the Official Zoning
Map of the Township of Mullica within which uniform regulations and
requirements govern the use, placement, spacing and size of land and
buildings.
ZONING OFFICER
The administrative officer of the Township of Mullica designated
to administer this chapter.
ZONING PERMIT
A document signed by the administrative officer:
A.
Which is required by ordinance as a condition precedent to the
commencement of a use, or continued use by change of ownership; or
the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building; and
B.
Which acknowledges that such use, structure or building complies
with the provisions of the municipal zoning ordinance or variance
therefrom duly authorized by a municipal agency pursuant to Section
47 and 57 of NJ P.L. 1975, c. 291. (N.J.S.A. 40:55D-60, 40:55D-70).