Words and phrases shall be presumed to have their ordinary meaning unless specifically defined or interpreted differently in the section following. Disputes concerning definition or interpretation of a word shall be resolved by the Zoning Board of Adjustment.
For the purpose of this chapter, words used in the present tense include the future; the singular number includes the plural and the plural includes the singular; the word "building" includes the word "structure." The word "used" shall be deemed to also include "designated, intended, or arranged to be used." The word "person" includes, by way of explanation and not limitation, a firm, corporation partnership or association, public or private, profit or nonprofit, as well as an individual; the word "lot" includes the word "plot." The word "zone" includes the word "district" and the word "premises" shall include "vacant land." The term "shall" indicates a mandatory requirement; the term "may" indicates a permissive action.
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.
- A minor way, which may or may not be legally dedicated, which affords only a secondary means of access to abutting property.
- 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.
- ANIMALS, THREATENED OR ENDANGERED
- Those animals specified in N.J.A.C. 7:50-6.32.
- ANTENNA SUPPORT STRUCTURE
- Any building or structure other than a tower, which can be used for location of telecommunications facilities.
- 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.
- 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]
- 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.
- 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.
- 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]
- A mound of soil, either natural or man-made, used as a view obstruction.
- 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]
- 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.
- 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.
- 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.
- CAPITAL IMPROVEMENT
- A governmental acquisition of real property or major construction project.
- A roofed structure providing space for the parking of motor vehicles enclosed on three or less sides.
- 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.
- 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.
- 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.
- 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.
- 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.
- COMPREHENSIVE MANAGEMENT PLAN
- The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.
- 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.
- Development other than planned development.
- 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]
- COTTAGE INDUSTRY
- Defined as a "home occupation."
- 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.
- COUNTY PLANNING BOARD
- The Planning Board of the county in which the land or development is located.
- COURT, INNER
- An open, unoccupied space enclosed on all sides by exterior walls of a building.
- The percentage of the plot or the lot area covered by the building area.
- See "street cul-de-sac or dead-end."
- Calendar days.
- See "street; cul-de-sac or dead-end."
- 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.
- 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.)
- 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.
- 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.
- DEVELOPMENT, MINOR
- All development other than major development.
- 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]
- See "zone or district."
- The Division of State and Regional Planning in the 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 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.
- 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.
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- 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.
- ELECTRIC DISTRIBUTION LINES
- All electric lines other than electric transmission lines.
- 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:
- 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.
- Any engineer licensed to practice within the State of New Jersey.
- ENVIRONMENTAL COMMISSION
- A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
- The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- The extension, opening or any other work permitted under a street opening permit and required to be performed.
- The sale of admission to view obscene material.
- One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, whose relationship is of a permanent and distinct domestic character.
- 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 RATIO
- The total gross floor area of a building on a lot.
- 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.
- 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]
- GOVERNING BODY
- The chief legislative body of the municipality.
- 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]
- The natural environment of an individual animal or plant population or community.
- 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.
- 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.
- 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.
- 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.
- LIGHTING, RESIDENTIAL
- Any lighting illuminating a residential area.
- 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.
- 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 LINE
- Any boundary line of a lot.
- 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.
- MAJOR SUBDIVISION
- All subdivisions not classified as a minor subdivision.
- 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.
- 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:
- 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.
- Any city, borough, town, township or village.
- 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]
- NAVIGABLE WATERS
- Water capable of being traversed by pleasure craft.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
Stall width (feet)
Stall depth (feet)
Aisle width (feet)
- 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.
- 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]
- Any person who has been granted and has in full force and effect a permit issued hereunder.
- 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 NATIVE FOREST TYPE
- See N.J.A.C. 7:50-6.43.[Added 7-24-2012 by Ord. No. 7-2012]
- PINELANDS PROTECTION ACT
- N.J.S.A. 13:18A-1 to 29.
- PINELANDS RESOURCE RELATED USE
- Any use which is based on resources which are indigenous to the Pinelands including, but not limited to, forest products, berry agriculture and sand, gravel, 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.
- PLANTS, THREATENED OR ENDANGERED
- Pinelands plant species whose survival worldwide, nationwide, or in the state is in jeopardy.
- 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.
- 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 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.
- 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.
- 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]
- 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.
- 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.
- 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]
- 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]
- 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 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
- 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.
- 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.
- 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.
- 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:
- 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.
- STREET, CUL-DE-SAC OR DEAD-END
- A street with a single common ingress and egress and with a turnaround at the end.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building or in the dimensions or configurations of the roof or exterior walls.
- 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.
- 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 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]
- 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.
- The Township of Mullica, including its Planning and Zoning Board.
- An area, parcel, site, piece of land or property that is the subject of a development application.
- 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.
- 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.
- 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.
- 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.
- 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).
Editor's Note: See N.J.S.A. 40:55D-34 or 40:55D-36.
Editor's Note: See N.J.S.A. 40:55D-69.
Editor's Note: See N.J.S.A. 13:18A-5.
Editor's Note: See N.J.S.A. 13:18A-7.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
Editor's Note: See N.J.S.A. 40:55D-12.
Editor's Note: See N.J.S.A. 40:55D-23.
Editor's Note: See N.J.S.A. 40:55D-46; 40:55D-48; and 40:55D-49.
Editor's Note: See N.J.S.A. 13:18A-11b.
Editor's Note: See N.J.S.A. 40:55D-65d.