City of Port Republic, NJ Article II Words and Phrases

§ 160-3 Interpretation.

Words and phrases shall be presumed to have their ordinary meaning unless specifically defined or interpreted differently herein. Disputes concerning definition or interpretation of a word shall be resolved by the Planning Board or Zoning Board of Adjustment.

§ 160-4 Word usage.

For the purpose of this chapter, certain words and terms are defined as follows: Words used in the present tense include the future; words used in the singular number include the plural number, and words in the plural number include the singular number; the word "person" includes an individual, partnership or corporation; the word "building" shall include the word "structure"; the term "used" shall include the words "arranged, designed or intended to be used"; the term "occupied" shall include the words "arranged, designed or intended to be occupied"; the word "lot" includes the word "plot"; the word "zone" includes the word "district"; the word "premises" includes "vacant land"; the term "shall" indicates a mandatory requirement and the term "may" indicates a permissive action.

§ 160-5 Construal of provisions.

This chapter, being necessary for the welfare of the City of Port Republic and its citizens, shall be construed liberally to effect its purposes.

§ 160-6 Definitions.

[Amended 2-12-1980; 6-10-1980; 12-22-1981 by Ord. No. 12-1981; 4-13-1982 by Ord. No. 20-1982; 12-9-1986 by Ord. No. 73-1986; 11-14-1989 by Ord. No. 110-1989; 9-11-1990 by Ord. No. 08-1990]

A. The following definitions shall apply throughout the City, including the Pinelands Area; provided, however, that in the event of a conflict between a definition of Citywide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area:

ACCESSORY BUILDING

A building detached from and subordinate to the principal building on the same lot, the use of which is customarily incidental to that of the principal building.

ACCESSORY RESIDENTIAL USE

A use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental and subordinate to the residential use. "Accessory residential uses" shall not be interpreted to include the following: barber- and beauty shops, barber and beauty schools, tearooms, convalescent homes, kennels or repair of vehicles. "Accessory residential uses" will be limited to those specified in the zoning districts of this chapter, subject to the standards therein.

ACCESSORY USE

A use customarily incidental and subordinate to the main use conducted on a lot, whether such accessory use is conducted in the main or accessory building.

ADMINISTRATIVE OFFICER

The City Clerk of Port Republic unless a different municipal officer is designated within this chapter or by statute.

ALLEY

A minor way, which may or may not be legally dedicated, which affords only a secondary means of access to abutting property.

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

Application form and all accompanying documents required by this chapter for approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit issued pursuant to N.J.S.A. 40:55D-34 and 40:55D-36.

APPROVING AUTHORITY

Any board, body, authority or person within the City with authority to approve or disapprove subdivisions, site plans, zoning permits, construction permits or other applications for development approval.

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing, not generally used as living space.

AUTOMOTIVE GARAGE

Any premises used for the repair or servicing of vehicles, but not including automotive wrecking.

AUTOMOTIVE SALES BUILDING

A building used for the sale of, hire of or remuneration from automotive and other vehicles and equipment. This shall be interpreted to include auto accessory sales rooms but not the sale of junked vehicles and equipment.

AVERAGE NET RESIDENTIAL DENSITY (see "DENSITY")

The number of dwelling units per acre computed by dividing the number of dwelling units which the applicant proposes to build by the number of acres in the development, excluding acreage devoted to public streets.

BASEMENT (see "CELLAR")

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 the 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 businesses or dwelling purposes.

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, and designed in conjunction with the sign standards of this chapter. In the Pinelands Area, billboards shall be called off-site commercial advertising signs.

BOARD OF ADJUSTMENT

The Board established pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-69, and this chapter, and sometimes referred to as the "Zoning Board of Adjustment."

BUILDING

A combination of materials to form a construction adopted to permanent, temporary or continuous occupancy and having a roof.

BUILDING, HEIGHT OF

The vertical distance measured from the average elevation of existing grade to the highest point of the coping of a flat roof or to the deck line of mansard roofs or to the average height of the highest gable of a pitch or hip roof. In no case will the ridge line be greater than 10 feet above the building height or exceed 35 feet.

BUILDING PERMIT

A document signed by the Construction Official which is required by ordinance as a condition precedent to commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency pursuant to this chapter.

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.

BUILDING SETBACK LINE

An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line.

BULK

The term used to describe size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and includes the size, height and floor area of buildings or other structures, the relation of the number of dwelling units in a residential building to the area of the lot (usually called "density"), and all open areas in yard space relating to buildings and other structures.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

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, nor shall it be considered in the calculation of habitable area as called for in various residential districts. (See "basement.")

CENTER LINE OF STREET

A line defining the center of the right-of-way of a street.

CERTIFICATE OF OCCUPANCY

A statement signed by the Construction Official setting forth either that a building or structure or swimming pool does or does not comply with this chapter or that a building, structure or parcel of land may lawfully be used for specified uses, or both.

CHURCH

A building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, burial, recreational or other uses not normally associated with worship.

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, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purpose of such club and within the property boundaries of such facilities.

CODE ENFORCEMENT OFFICER

The City official designated to investigate alleged violations of this chapter at the request of City Council and to report findings of same to City Council.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development and designated 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 of enjoyment of residents and owners of the development, not including parking lots, streets, drives or other vehicular buildings or structures.

COMPLETE APPLICATION

An application form completed as specified by this chapter, the rules and regulations of the municipal agency, the City of Port Republic Checklist set forth in Appendix A81[1] and all accompanying documents required by this chapter for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and in the rules and regulations of the municipal agency and shall be deemed complete as of the day it is so certified by the City Clerk for purposes of the commencement of the time period for action by the municipal agency.

[Amended 6-12-2007 by Ord. No. 07-2007]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning district and upon the issuance of an authorization therefor by the Planning Board.

CONSTRUCTION OFFICIAL

The City official specified in the Building Code[2] and designated as such by the City Council with the responsibility to enforce the provisions of the Building Code and those sections of this chapter relating to building.

CONVENTIONAL

Development other than planned development.

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.

COURT, OUTER

An open, unoccupied space enclosed on not more than three sides by exterior walls of a building.

CUL-DE-SAC

A street with access closed at one end and with a vehicular turnaround at the closed end.

DAYS

Calendar days.

DENSITY

The number of dwelling units permitted in a development, expressed in units per net acre, meaning acreage exclusive of streets and land to be dedicated to the City of Port Republic or another government agency. In the Pinelands Area, "density" means the average number of housing units per unit of land.

DETACHED HOUSE

One which has yards on all four sides.

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 an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings or other structure or of any mining, excavation or landfill, and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter. In the Pinelands Area, "development" shall have the meaning set forth in Subsection B.

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 the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this chapter.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or for prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes of New Jersey.[3]

DWELLING, ONE-FAMILY

A detached building containing one dwelling unit only.

DWELLING, SINGLE-FAMILY DETACHED

A building designed for or occupied by one family. (See definition of "family.")

DWELLING UNIT

A building or entirely self-contained portion thereof which contains complete housekeeping facilities for one family only and which has no enclosed space for cooking facilities in common with any other dwelling unit, except vestibules, entrance halls, porches or hallways. The definition of a "dwelling unit" shall not include a boat, trailer or other vehicle of any type nor a temporary shelter such as a tent.

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, excluding garages, porches and any spaces located below the top of the foundation wall.

EMPLOYEES

The greatest number of persons to be employed in the building in question during any season of the year and any time of the day or night.

ENVIRONMENTAL IMPACT STATEMENT

A statement that provides information needed to evaluate the effects of a proposed project upon the environment of the area and shall include all those items referred to in § 160-91F of this chapter.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

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.

FARM

Any tract of land containing at least five acres which is used for dairying or for the raising of agricultural products, forest products, livestock or poultry and including facilities for the sale of such products from the premises where produced, provided that "farm" shall not be construed to include commercial poultry and swine production, cattle feeder lots and fur-bearing animal farms and shall not be confused with truck farms. See definition of "truck farming." In the Pinelands Area, "farm" shall have the meaning of "agricultural or horticultural purpose or use" as set forth in Subsection B.

FINAL APPROVAL

The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FLOOR AREA RATIO

The total gross floor area of a building on a lot divided by the area of the lot.

FLOOR AREA, TOTAL

The sum of the gross horizontal areas of all floors of any building or buildings on a lot, measured from the interior 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.

GARAGE, COMMERCIAL

Any garage used for the housing, care, maintenance and repair of motor vehicles.

GARAGE, PRIVATE

A building accessory to a dwelling unit used for the housing of not more than three motor vehicles.

GARAGE, PUBLIC

Any garage not included within the definition of "private garage" or "commercial garage."

GASOLINE SERVICE STATION

All area of land and any structure thereon used for the retail sale of motor fuel, lubricants and incidental services such as car washing and the sale, installation and repair of tires, batteries or automobile accessories.

GOLF COURSE

An open area and its necessary buildings used for the playing of golf of at least nine holes containing not less than 3,000 yards.

GRADE

For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets; and for buildings having no walls adjoining a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than 20 feet from a street line is to be considered as adjoining the street.[4]

HISTORIC SITE, DISTRICT OR AREA

Any site, building, area, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.

HOME OCCUPATION

A domestic use such as dressmaking, millinery or similar occupation customarily conducted entirely within the dwelling and carried on solely by the inhabitants thereof, which is clearly incidental and secondary to the use of the building for dwelling purposes and does not change the character thereof or exert a deleterious influence upon surrounding properties. Excluded are such uses as a clinic, hospital, tearoom, tourist house, animal hospital, barbershop or any similar use. In the Pinelands Area, "home occupation" shall have the meaning set forth in Subsection B.

HOTEL

See "motels."

IMPACT STATEMENT

See "environmental impact statement."

INTERESTED PARTY

(1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.

(2) In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any 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.

LAND

The surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.

LANDSCAPE SCREEN

A completely planted visual barrier composed of evergreens or other plants as specified by district in a schedule available from the Code Enforcement Officer.

LANES, INGRESS AND EGRESS

A private roadway designed to accomplish easy access into developed parcels. Minimum roadway widths for ingress and egress lanes shall be: one-way, 18 feet, and two-way, 30 feet, or as described in Article XII, whichever is more stringent.

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.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

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 the right-of-way, then such right-of-way line shall be the front line of the lot.

LOT LINE

Any boundary line of a lot.

LOT WIDTH

The distance between the sidelines of the lot, measured along the street line, except that where the lot fronts on the vehicular turnaround of a cul-de-sac, the width shall be measured at the fifty-foot front yard setback line and shall be a minimum of 100 feet measured along a line all points of which are equidistant from the center of the cul-de-sac, with a minimum of 35 feet measured along the street line also being required.

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the City of Port Republic for the maintenance of any improvements required by the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

MAJOR SUBDIVISION

All subdivisions not classified as minor subdivisions.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the City of Port Republic as set forth in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-28.

MINOR SUBDIVISION

Any subdivision containing not more than two lots, exclusive of the remaining lot or parcel, fronting upon an existing approved and improved street; provided that such subdivision does not involve any new street; will not adversely affect the development of the remainder of the parcel or adjoining property; is not in conflict with any provision or portion of the adopted Master Plan, Official Map or this chapter; will not require the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 160-94; and does not involve any lot or portion of a lot which has been subdivided within the previous two-year period.

MOBILE HOME

A dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.

MOTEL

Any building containing more than 10 occupancy units which are rented or hired out to transient clientele for sleeping purposes, with parking places adjacent to the bedrooms, but also reached from a common lobby.

MUNICIPAL AGENCY

A municipal planning board or zoning board of adjustment or a governing body of a municipality when acting pursuant to this chapter and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

MUNICIPALITY

The City of Port Republic.

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 this chapter or revisions thereof 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. See § 160-8 of this chapter.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter or revisions or amendments thereto 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. See § 160-8 of this chapter.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter or revisions or amendments thereto 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. See § 160-8 of this chapter.

OFFICIAL COUNTY MAP

A 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 in accordance with the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-32 et seq. See Article IX of this chapter.

OFF SITE

Located outside the lot lines of the lot under review but within the property of which the lot is a part which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

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 improved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

PARKING SPACE

A space which, exclusive of driveways and turning areas, is 10 feet wide and 20 feet long if an enclosed garage, or not less than nine feet wide by 19 feet long if in the open, and which is accessible for the parking of one vehicle. Required off-street parking areas for three or more vehicles should be paved and have individual spaces marked and shall be so designed, maintained and regulated that no parking, backing onto or other 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.

PARTY IMMEDIATELY CONCERNED

For purposes of notice within this chapter, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice.

PERFORMANCE GUARANTY

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 guaranty in cash.

PERIMETER SETBACK

A clear and unoccupied space extending along the entire lot line at 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.

PLANNED COMMERCIAL DEVELOPMENT

An area of a minimum contiguous size as specified by this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by this chapter.

PLANNED DEVELOPMENT

Planned unit development; planned unit residential development, residential cluster or planned commercial development, as may be permitted by this chapter.

PLANNING BOARD

The Port Republic Planning Board established pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-23, and this chapter.

PLAT

The map or maps of a subdivision or site plan which shows the location, boundaries and ownership of individual properties.

PLAT, FINAL

The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the Clerk of the County of Atlantic for recording, in accordance with law. A plat that receives final approval shall have been prepared by a New Jersey professional engineer and land surveyor in accordance with all of the provisions of Chapter 141, Laws of 1960.[5]

PLAT, PRELIMINARY

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for tentative approval and meeting the requirements of this chapter.

PLAT, SKETCH

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification.

PORCH

A roofed, open structure projecting from the front, side or rear wall of a building.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-48 and 40:55D-49, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

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.

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

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 DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the 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 municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

QUORUM

The majority of the full authorized membership of a municipal agency.

RECREATIONAL AREA

A public or private space, including essential buildings and structures, used for play and recreational space for individuals.

RENTAL

A procedure by which services and/or real or personal property are temporarily transferred to another person for a specific time period in exchange for remuneration.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESTAURANT

An establishment in which food and drink may be procured, provided that such food or drink is to be consumed while seated at a table, counter or a booth within the building.

RESUBDIVISION

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 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.

RUNOFF, SURFACE WATER

Any overland flow of water across the ground surface.

SCHOOL, PRIVATE

A duly organized school, other than a public school, giving regular instruction in subjects ordinarily taught in the public schools and not under the jurisdiction of the school district but properly registered with the State of New Jersey.

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.

SIGN

Any device or representation for visual communication used as or which is in the nature of an advertisement, announcement or direction, including any letter, word, banner, pennant, insignia or trade flag, but excluding any public traffic or directional signs.

SITE PLAN

A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to ordinance requiring review and approval of site plans by the Planning Board adopted pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-37 et seq., and this chapter.

SMALL WIND ENERGY SYSTEM

A wind energy system, as defined herein, that is used to generate electricity and has a nameplate capacity of 10 kilowatts or less.

[Added 6-15-2010 by Ord. No. 08-2010]

SOLAR ENERGY SYSTEM

A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar functions through the use of solar panels.

[Added 6-15-2010 by Ord. No. 08-2010]

SOLAR PANEL

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

[Added 6-15-2010 by Ord. No. 08-2010]

STANDARDS OF PERFORMANCE

Standards adopted by ordinance pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-65, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality, or standards required by applicable federal or state laws or municipal ordinances.

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 between 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 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 include 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.

STREET, ARTERIAL

A street carrying traffic from collector streets.

STREET, COLLECTOR

A street which carries traffic from minor streets to the major system of arterial streets. It shall include the principal entrance street(s) of a residential development and streets for circulation within such a development.

STREET LINE

The dividing line between a lot and a public street, road or highway or a private street, road or way over which two or more dominant estates have the right-of-way.

STREET, LOCAL

A street which is used primarily for access to the abutting properties.

STREET, MARGINAL ACCESS

A street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.

STREET, MINOR

See "street, local."

STRUCTURAL ALTERATION

Any change in the supporting members of a building or any substantial change in the roof or in the exterior walls.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land.

SUBDIVIDER

Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

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 chapter, if no development occurs or is proposed, including new streets or roads or the extension of water, sewer or drainage lines or other municipal improvements: divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of Port Republic. The term "subdivision" also includes the term "resubdivision."

SUBDIVISION COMMITTEE

A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and having such other duties relating to land subdivision as may be conferred on this Committee by the Board.

TENTATIVE APPROVAL

See "preliminary approval."

TRANSCRIPT

A typed or printed verbatim record of the proceedings or a reproduction thereof.

TRAVEL TRAILER

A portable vehicular structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer and, when factory-equipped for the road, having a body width not exceeding eight feet and a body length not exceeding 32 feet. "Travel trailer" does not include mobile homes.

TRUCK FARMING

Any tract of land used for the raising of agricultural products and including facilities for the sale of such products from the premises where produced. It includes the growing of the usual farm products such as vegetables, fruit trees, grain and their storage on the area. It does not include the raising of farm animals such as poultry, horses, cattle, sheep and swine.

USE

Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.

USED CAR LOT

An area used for the storage and display of used automobiles advertised for sale, including motorcycles, trucks or any other motorized vehicle.

USE, PRINCIPAL

The main or primary purpose or purposes for which land, a structure or a building is designed, arranged or intended or for which it may be occupied or maintained under the Zoning Ordinance.

VARIANCE

Permission to depart from the literal requirements of this chapter pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-40, 40:55D-60 and 40:55D-70, and the provisions of this chapter.

WIND ENERGY SYSTEM

A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vein, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

[Added 6-15-2010 by Ord. No. 08-2010]

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 City codes or ordinances to provide light or ventilation to a room used for living purposes.

WIND TURBINE

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.

[Added 6-15-2010 by Ord. No. 08-2010]

YARD

An open, unoccupied space on the same lot with the main building, open and unobstructed from the ground upward.

YARD, FRONT

A yard extending the full width of the lot and extending from the front line of the main building projected to the sidelines 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 sidelines 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 the 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 side walls of the building.

ZONING PERMIT

See "building permit."

[1] Editor's Note: Appendix A81 is on file in the City offices.

[2] Editor's Note: See Ch. 102, Construction Codes, Uniform.

[3] Editor's Note: Former Chapter 1 of Title 58 was repealed by L. 1945, c. 22; L. 1979, c. 359; and L. 1981, c. 262. See now N.J.S.A. 58:1A-1 et seq.

[4] Editor's Note: The original definitions of "historic district" and "historic site," which immediately followed this definition, were repealed 10-8-1991 by Ord. No. 06-1991.

[5] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

B. In addition to the definitions in Subsection A above, the following definitions shall apply to the Pinelands Area of the City of Port Republic. In the event of a conflict between a definition of Citywide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.

ACCESSORY STRUCTURE OR USE

A structure or use which:

(1) Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting and storage as well as washing, grading and packaging of unprocessed produce grown on site;

(2) Is subordinate in area, extent and purposes to the principal structure or principal building or a principal use served;

(3) Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and

[Amended 3-11-1997 by Ord. No. 02-1997]

(4) Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.

[Amended 3-11-1997 by Ord. No. 02-1997]

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 OR HORTICULTURAL PURPOSE OR USE

Any production of plants or animals useful to man, including but not limited to: forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.

ANIMALS, THREATENED OR ENDANGERED

See N.J.A.C. 7:50-6.32.

CAMPSITE

A place used or suitable for camping on which temporary shelter such as a tent or travel trailer may be placed and occupied on a temporary and seasonal basis.

CERTIFICATE OF FILING

A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.

COMMISSION

The Pinelands Commission created pursuant to § 5 of the Pinelands Protection Act,[6] as amended.

COMPREHENSIVE MANAGEMENT PLAN

The plan adopted by the Commission pursuant to § 7 of the Pinelands Protection Act,[7] as amended.

CONTIGUOUS LANDS

Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way, and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.

[Amended 3-8-1994 by Ord. No. 02-1994]

DEVELOPMENT

The change or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:

(1) A change in type of use of a structure or land;

(2) A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

(3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

(4) Commencement of resource extraction or drilling or excavation on a parcel of land;

(5) Demolition of a structure or removal of trees;

(6) Commencement of forestry activities;

(7) Deposit of refuse, solid or liquid waste or fill on a parcel of land;

(8) In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

(9) Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

DEVELOPMENT APPROVAL

Any approval to develop which is granted by an approval agency, including appeals to the governing body, except for certificates of occupancy and variances which do not otherwise include issuance of a construction permit, subdivision or site plan approval.

DEVELOPMENT, MAJOR

Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

DEVELOPMENT, MINOR

All development other than major development.

DWELLING

Any structure or portion thereof which is designed or used for residential purposes.

ELECTRIC DISTRIBUTION LINES

All electric lines other than electric transmission lines.

ELECTRIC TRANSMISSION LINES

Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and another substation of the utility company; a substation of or interconnection point with another interconnecting utility company; or a substation of a high-load customer of the utility.

FISH AND WILDLIFE MANAGEMENT

The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.

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 3-11-1997 by Ord. No. 02-1997; 2-12-2019 by Ord. No. 01-2019]

(1) Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;

(2) Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;

(3) Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;

(4) Removal of trees necessary for the maintenance of utility or public rights-of-way;

(5) Removal or planting of trees for the personal use of the parcel owner; and

(6) Removal of trees for public safety.

HABITAT

The natural environment of an individual animal or plant, population or community.

HEIGHT

The vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

HISTORIC RESOURCE

Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.

[Amended 3-11-1997 by Ord. No. 02-1997]

HOME OCCUPATION

An activity for economic gain, carried out in a residential dwelling or accessory structure thereto, in which an occupant of the residence and no more than two other individuals are employed and which is clearly secondary to the use of the dwelling as a residence.

HYDROPHYTES

Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.

IMMEDIATE FAMILY

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

[Amended 3-11-1997 by Ord. No. 02-1997; 2-12-2019 by Ord. No. 01-2019]

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, as amended and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools Models/WinTr55.html or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.

[Added 2-12-2019 by Ord. No. 01-2019]

INTERIM RULES AND REGULATIONS

The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act[8] to govern the review of applications from the adoption of the regulations until the Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.

LOCAL COMMUNICATIONS FACILITY

An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

[Added 3-11-1997 by Ord. No. 02-1997]

PARCEL

Any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.

[Amended 3-11-1997 by Ord. No. 02-1997]

PERSON

An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.

PINELANDS AREA

That area designated as such by § 10a of the Pinelands Protection Act.[9]

PINELANDS DEVELOPMENT CREDIT

A use right allocated to certain lands within the City pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in regional growth areas located in other Pinelands municipalities.

PINELANDS DEVELOPMENT REVIEW BOARD

The agency responsible from February 8, 1979, until June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.

PINELANDS RESOURCE-RELATED USE

Any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.

PLANTS, THREATENED OR ENDANGERED

A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.

PUBLIC DEVELOPMENT

Development, including subdivision, by any township or other governmental agency.

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.

RECOMMENDED MANAGEMENT PRACTICE

The management program which employs the most efficient use of available technology, natural, human and economic resources.

RECORD TREE

The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.

[Added 3-11-1997 by Ord. No. 02-1997]

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, hotels and motels.

RECREATIONAL FACILITY, LOW-INTENSIVE

A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment, other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.

[Amended 3-11-1997 by Ord. No. 02-1997]

RESOURCE EXTRACTION

The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.

SEASONAL HIGH-WATER TABLE

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

SIGN

Any object, device, display or structure, or part thereof, situated outdoors or indoors, 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. "Sign" does not include the flag or emblem of any nation, organization of nations, state or City or any fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.[10]

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 2-12-2019 by Ord. No. 01-2019]

UTILITY DISTRIBUTION LINES

Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.

[Amended 3-11-1997 by Ord. No. 02-1997]

WETLANDS

Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. "Wetlands" includes lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service[11] of the United States Department of Agriculture and are further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.

WETLANDS MANAGEMENT

The establishment of a characteristic wetland or the removal of exotic species or phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.

[Added 2-12-2019 by Ord. No. 01-2019]

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, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.

[6] Editor's Note: See N.J.S.A. 13:18A-1 et seq.

[7] Editor's Note: See N.J.S.A. 13:18A-1 et seq.

[8] Editor's Note: See N.J.S.A. 13:18A-1 et seq.

[9] Editor's Note: See N.J.S.A. 13:18A-1 et seq.

[10] Editor's Note: The original definitions of "specimen tree" and "standard subsurface sewage disposal system," which immediately followed this definition, were repealed 3-11-1997 by Ord. No. 02-1997.

[11] Editor's Note: The Soil Conservation Service is now known as the Natural Resources Conservation Service (NRCS).