As used in this chapter, the following terms
shall have the meanings indicated:
AASHTO
The American Association of State Highway and Transportation
Officials.
[Added 12-17-1990 by Ord. No. O-29-90]
ACCESSORY BUILDING, STRUCTURE OR USE
[Amended 4-28-1997 by Ord. No. O-27-97; 4-24-2007 by Ord. No. O-11-2007]
A.
A building, structure or use which is subordinate
and incidental to and serves a principal building, a principal structure,
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.
B.
A building, structure or use which is subordinate
in area, extent and purpose to a principal structure or a principal
building or a principal use, including but not limited to cabanas,
detached garages, carports, greenhouses, storage sheds, nonportable
swimming pools, hot tubs and/or spas, gazebos and pergolas.
C.
A building, structure or use which contributes
primarily to the comfort, convenience or necessity of the occupants,
business or industry of the principal structure, building or use served.
D.
Any accessory building or structure attached
to a principal building shall be considered part of the principal
building and shall be required to comply with all required setbacks
for principal buildings around the periphery of the lot.
E.
A construction trailer shall be considered a
permitted temporary accessory building or structure when approved
pursuant to a development application.
F.
A storage trailer shall not be permitted as
a temporary building or structure.
G.
A building, structure or use which is located
on the same parcel as the principal structure or principal use served.
H.
A building, structure or use which is otherwise
expressly authorized by the provisions of this chapter, N.J.S.A. 70:55D-1
et seq. and/or the Pinelands Comprehensive Management Plan.
ACTIVE ADULT
An individual who is 55 years of age or older.
[Added 4-24-2007 by Ord. No. O-11-2007]
ADMINISTRATIVE OFFICER
The Clerk of the Township, unless a different Township official
or officials have been designated by ordinance or statute.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films and
other viewing materials which are distinguished or characterized by
their emphasis on matters depicting, describing or relating to specified
sexual activity, sexual conduct or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting films, slides or
pictures distinguished or characterized by an emphasis on matters
depicting, describing or relating to specified sexual activity, sexual
conduct or specified anatomical area for observation by patrons therein.
ADVERSE EFFECT
Conditions or situations, whether existing or proposed, creating,
imposing, aggravating or leading to impractical, unsafe or unsatisfactory
conditions on a property proposed for development or on adjacent property,
including but not limited to improper circulation and drainage rights-of-way;
inadequate drainage facilities; insufficient street widths, unsuitable
street grades, unsuitable street locations to accommodate prospective
traffic or to coordinate and compose a convenient system; disruptive
environmental impacts; locating lots in a manner not adaptable for
the intended purpose without danger to health or peril from flood,
fire, erosion or other menace; providing for lots of insufficient
size and neither providing nor making future allowance for access
to the interior portion of the lot or for other facilities required
by this chapter.
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, or nonfacilities which are solely
processing facilities.
[Added 10-3-1988 by Ord. No. O-21-88]
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.
[Amended 10-3-1988 by Ord. No. O-21-88]
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
The use of land for the activity of producing for sale or
for home use or consumption 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 of such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or any land devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under an
agency of the Federal Government.
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.
[Amended 10-3-1988 by Ord. No. O-21-88]
ALTERATION or ADDITIONS
As applied to a building or a structure, a change or rearrangement
in the structural parts, in the existing facilities or in the means
of egress; or an enlargement, whether by extension of a side or by
increasing in height; or the moving from one location or position
to another.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 11-23-2004 by Ord. No. O-55-2004; 9-10-2018 by Ord. No. O:23-2018]
AMENDMENT
A means for making changes in this chapter or to the certified
Master Plan herein as expressly authorized.
ANCHOR STORE or MAGNET STORE
A major single-tenant store or stores commonly known as “large-scale
retailers” that occupy a minimum building size of 100,000 square
feet to a maximum building size of 250,000 square feet.
[Added 8-22-2006 by Ord. No. O-31-2006]
ANIMALS, THREATENED OR ENDANGERED
Those animals designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
[Amended 5-21-1990 by Ord. No. O-11-90]
APARTMENT
A room or suite of rooms in a multiple dwelling intended
to be designed for use as a residence as a single family.
APPLICANT
A developer, landowner or person with an enforceable proprietary
interest submitting an application for development.
APPLICATION FOR DEVELOPMENT
A.
The application form and all accompanying documents
required by ordinance for approval of a subdivision, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter (N.J.S.A. 40:55D-34
or N.J.S.A. 40:55D-36).
B.
As applied to the Pinelands Area of Monroe Township, 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 for in §
175-57C.
[Amended 10-3-1988 by Ord. No. O-21-88]
APPROVING AUTHORITY
The Planning Board, Zoning Board of Adjustment or other board,
agency or official designated by this chapter and when acting pursuant
to the authority of this chapter. Within the Pinelands Area, any board,
body or other authority within the Township with authority to approve
or disapprove subdivisions, site plans, construction permits, building
permits or other applications for development approval.
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 3-27-2012 by Ord. No. O:11-2012]
ASCE
The American Society of Civil Engineers.
[Added 12-17-1990 by Ord. No. O-29-90]
ASSISTED-LIVING FACILITY
A facility, licensed by the New Jersey Department of Health
and Senior Services pursuant to N.J.A.C. 8:36-1 et. seq., which is
designed and operated to provide apartment-style housing and congregate
dining while assuring that a coordinated array of supportive personnel
and health services are available, as needed to four or more adult
persons unrelated to the proprietor. Each unit in an assisted-living
facility shall offer, at minimum, one unfurnished room, a private
bathroom, a kitchenette and a lockable door on the unit entrance.
For purposes of this chapter, and "assisted-living facility" shall
include assisted-living residences and assisted-living programs as
defined at N.J.A.C. 8:36-1.3.
[Added 11-24-1998 by Ord. No. O-44-98; amended 4-24-2007 by Ord. No. O-11-2007; 8-26-2008 by Ord. No.
O:27-2008]
ASTM
The American Society for Testing and Materials.
[Added 12-17-1990 by Ord. No. O-29-90]
AUTOMOTIVE FUELING STATION
Any establishment servicing motor vehicles with fuel or electrical
charging stations, but not including repairs, changing of tires, or
any other replacement of essential or accessory parts. Automotive
fueling stations may service automobiles with air pumps and by adding
oil, windshield washer fluid or similar fluids, but shall not provide
any services which require bays or lifts, such as oil changes or lubrication
of chassis.
[Added 11-26-2018 by Ord.
No. O:34-2018]
AUTOMOTIVE FUELING STATION CONVENIENCE STORE
Any fueling station which has on the same site a retail store
offering for sale prepackaged food products and grocery items, hot
and cold made-to-order drinks, freshly preprepared foods, including
sandwiches, soups and salads, household items, tobacco products, newspapers
and magazines, in-store ATM and lottery, and which includes outside
facilities for dispensing motor vehicle fuels as well as electrical
charging stations for light trucks and passenger vehicles.
[Added 11-26-2018 by Ord.
No. O:34-2018]
AUTOMOTIVE SERVICE STATION
Any establishment, whether or not servicing motor vehicle
fuel or offering electrical charging stations, serving motor vehicles
with vehicles maintenance not requiring extensive or prolonged mechanical
work (extensive or prolonged mechanical work shall mean work which
requires a vehicle to be on the site for a period of more than 30
days) before completion. Service work offered shall be limited to
oil changes; lubrication; tune-ups; minor engine or drive train repairs;
installation of tires, batteries and accessories; wheel balancing
and alignment; and the replacement of mechanical parts, such as hoses,
spark plugs, ignition wiring, brakes, alternators, water pumps and
similar parts not requiring extensive repairs. Repair facilities which
provide repairs and service to any large trucks or equipment, such
as semi-tractors or heavy grading equipment shall not be considered
automotive service stations. Repair facilities which provide automotive
body of collision repairs shall not be considered automotive service
stations.
[Added 7-21-1992 by Ord.
No. O-27-92; amended 11-26-2018 by Ord. No. O:34-2018]
BASEMENT
That portion of a building which is partly below and partly
above grade, and having at least 1/2 its height above grade. (See
"grade," "story" and "cellar.")
BEDDING
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 3-27-2012 by Ord. No. O:11-2012]
BOARD OF ADJUSTMENT
The Board established pursuant to Article
VI (N.J.S.A. 40:55D-69) of this chapter and known legally as the "Zoning Board of Adjustment."
BOD
Biochemical oxygen demand.
[Added 12-17-1990 by Ord. No. O-29-90]
BRIM DRAWDOWN TIME
The time it takes for a detention/infiltration facility to
drain, beginning from the time of peak storage caused by the water
quality storm.
[Added 12-17-1990 by Ord. No. O-29-90]
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 3-27-2012 by Ord. No. O:11-2012]
BUFFER
A strip of land containing natural woodlands, earth mounds and/or planted screening material and separating one kind of land use or one property from another; and which is more specifically defined in §
175-93 of this chapter.
BUILDING
Any structure, either temporary or permanent, which:
B.
Is designed, used or intended to be used for
any use or occupancy, including but not limited to the sheltering
or protection of persons, animals, chattels or property of any kind.
C.
Forms, by a combination of materials, a construction
adapted to such occupancy.
BUILDING AREA
The area included within surrounding exterior walls (or exterior
walls and fire walls), exclusive of vent shafts, courts, cornices,
eaves and gutters. Areas of the building not provided with surrounding
walls shall be included in the "building area" if included within
the horizontal projection of the roof or floor above.
BUILDING COVERAGE
The square footage or other area measurement by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the foundations, and including the area under the roof
of any structure supported by columns, but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.
BUILDING, EXISTING
Any building erected prior to the adoption of this chapter
or one for which a legal building permit has been issued.
BUILDING 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. When a building faces on more than one street, the
height shall be measured from the average of the grades at the center
of each street front.
[Amended 5-21-1990 by Ord. No. O-11-90]
BUILDING LINE
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard. A building shall not
extend beyond this line except as otherwise allowed in this chapter.
BUILDING SITE
The area occupied by a building or structure, including the
yards and courts required for light and ventilation and such areas
that are prescribed for access to the street.
CAMPER
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation or other short-term uses. "Camper"
does not include mobile homes or trailers.
[Added 10-3-1988 by Ord. No. O-21-88]
CAMPSITE
A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.
[Amended 10-3-1988 by Ord. No. O-21-88]
CARTWAY
The hard or paved surface portion of a street customarily
used by vehicles in the regular course of travel. Where there are
curbs, the cartway is the portion between the curbs. Where there are
no curbs, the cartway is that portion between the edges of the paved
or graded width.
CELLAR
That portion of a building which is partly or completely
below grade and having at least 1/2 its height below grade. (See "grade,"
"story" and "basement.")
CERTIFICATE OF APPROPRIATENESS
A certificate, applicable to the Pinelands Area of the Township, issued by the Pinelands Commission and as more specifically set forth in §
175-23 of this chapter and the Comprehensive Management Plan (N.J.A.C. 7:50-6.156).
[Amended 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90]
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.
[Amended 10-3-1988 by Ord. No. O-21-88]
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the Construction Code Official
which permits the use of a building in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building in its several parts,
together with any special stipulations or conditions of the building
permit.
CERTIFIED COUNTY MASTER PLAN OR ORDINANCE
Any County Master Plan or ordinance certified by the Pinelands
Commission pursuant to the Comprehensive Management Plan (N.J.A.C.
7:50-3.21 through 3.30) as being in conformance with the minimum standards
of said plan.
CERTIFIED MUNICIPAL MASTER PLAN OR LAND USE ORDINANCE
Any Municipal Master Plan or land use ordinance certified
by the Commission pursuant to the Comprehensive Management Plan (N.J.A.C.
7:50-3.31 through 7:50-3.50) as being in conformance with the minimum
standards of said plan.
CHANGE OF USE
An alteration to a heretofore existing building from one
type of use group to a new use group which imposes provisions of law
governing building construction, equipment or means of egress and
which provisions are special to the form of use proposed.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
CLEARCUTTING
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clearcutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 3-27-2012 by Ord. No. O:11-2012]
CLUSTER DEVELOPMENT
A development technique based on the dwelling-unit density
for the tract which allows the lot sizes for dwellings to be reduced
so that individual segments of the tract have higher densities, provided
that other portions of the tract are dedicated for public and/or private
open spaces so that the gross density limitation of the entire tract
is not exceeded.
CMP
The Comprehensive Management Plan for the Pinelands.
COMMENCEMENT OF CONSTRUCTION
Actual construction on a parcel of land in accordance with
a permit issued by the applicable approving authority of a form and
character such that the work performed is not usable for any other
form of development except that authorized by the issued permit.
COMMERCIAL
A.
COMMUNITY COMMERCIALRetail business and service establishments, including retail shops, personal service establishments, business and professional offices, banks and fiduciary institutions, eating and drinking establishments, hotels and motels, commercial recreation and public assembly halls, funeral homes, commercial parking lots, self-service storage facilities and other similar uses.
[Amended 9-26-2000 by Ord. No. O-29-2000]
B.
NEIGHBORHOOD COMMERCIALRetail business and personal service establishments which are clearly designed to serve the immediate neighborhood, including retail shops, personal service establishments, luncheonettes and coffee shops, professional offices, banks and fiduciary institutions and the like.
COMMERCIAL FOREST
Any parcel of land five acres or larger used for profit or
gain by the cutting of trees for sale as fuel or wood products.
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.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq. providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 persons with head
injuries, who require assistance, temporarily or permanently, in order
to live in the community, and shall include, but not be limited to,
group homes, halfway houses, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act (N.J.S.A. 26:2H-1 et seq.).
[Added 8-12-1997 by Ord. No. O-40-97]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq. providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements and hotels. It
shall not be considered a health care facility within the meaning
of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq.
In the case of such residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. As used in this chapter, "developmentally
disabled person" means a person who is afflicted with a developmental
disability as defined in N.J.S.A. 30:11B-2, and "mentally ill person"
means a person who is afflicted with a mental illness as defined in
N.J.S.A. 30:4-23, but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
[Amended 4-23-2002 by Ord. No. O-3-2002]
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
[Added 4-23-2002 by Ord. No. O-3-2002]
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to N.J.S.A. 30:14-1 through
30:14-14 providing food, shelter, medical care, legal assistance,
personal guidance and other services to not more than 15 persons who
have been victims of domestic violence, including any children of
such victims, who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
COMPREHENSIVE MANAGEMENT PLAN
The plan and amendments adopted by the Pinelands Commission
pursuant to Section 7 of the Pinelands Protection Act and to be cited
as "N.J.A.C. 7:50 et seq."
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in the specified location will comply with
the conditions and standards for the location or operation of such
use as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
CONGREGATE CARE
A dwelling unit often developed as part of a continuing care
retirement community with communal dining facilities and services,
such as housekeeping, organized social and recreational activities,
transportation services, and other similar support services for residents.
[Added 4-24-2007 by Ord. No. O-11-2007]
CONSTRUCTION
The erection, reconstruction, alteration, conversion, demolition,
removal or equipping of buildings and structures and site clearing,
excavation or grading of land.
[Amended 7-21-1992 by Ord. No. O-27-92]
CONSTRUCTION OPERATION
Any site clearing, excavation, demolition, movement of utilities
or other facilities and actual construction of any of the temporary
or permanent structures, roadways or improvements and elements related
to said structures, roadways or improvements.
[Added 7-21-1992 by Ord. No. O-27-92]
CONTIGUOUS LAND
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit; provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
[Amended 2-15-1993 by Ord. No. O-5-93]
CONTINUING CARE
A development regulated in accordance with the rules of the
New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:19-1.1
et seq. which provides a continuum of accommodations and care, from
independent living to assisted living to long-term bed care in a nursing
facility, at the same or another location to an individual pursuant
to an agreement effective for the life of the individual or for a
period greater than one year.
[Added 4-24-2007 by Ord. No. O-11-2007; amended 8-26-2008 by Ord. No. O:27-2008]
CONVENTIONAL DEVELOPMENT
That development which takes place as of right in the particular
zoning district and which requires subdivision, rather than planned
development, review.
COPPICING
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 3-27-2012 by Ord. No. O:11-2012]
COUNTY
The County of Gloucester unless otherwise specified.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of Gloucester County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and 40:27-4 or their successor
statutes.
COUNTY PLANNING BOARD
The County Planning Board, as defined and organized pursuant
to N.J.S.A. 40:27-6.1, of the county in which the land or development
is located. Said Board is responsible for county planning.
CRAFT ALCOHOLIC BEVERAGE ESTABLISHMENT
An establishment that holds a limited brewery license or
craft distillery license pursuant to N.J.S.A. 33:1-10.
[Added 10-26-2015 by Ord.
No. O:35-2015]
DAY
For purposes of computing time limits, refers to a calendar
day.
DENSITY
The average number of housing units per unit of land.
[Added 11-21-1984 by Ord. No. O-26-84; amended 10-3-1988 by Ord. No. O-21-88]
DENSITY, NET
The total number of dwelling units in a proposed development
divided by the total number of acres of the specific development tract,
exclusive of nonresidential uses but including streets and parking
areas serving the units.
DETENTION BASIN
A surface stormwater control basin designed to impound runoff
and release it at a reduced rate through an outlet control structure.
[Added 12-17-1990 by Ord. No. O-29-90]
DETENTION FACILITY
Any stormwater control facility, surface or subsurface, designed
to impound runoff and release it at a reduced rate through an outlet
control structure.
[Added 12-17-1990 by Ord. No. O-29-90]
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
A.
The division of a parcel of land into two or
more parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or 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.
B.
Within the Pinelands Area of the Township, there
shall be included the following additional standards:
C.
The change of or enlargement of any use or disturbance
of any land.
D.
The performance of any building or mining operation.
E.
The division of land into two or more parcels.
F.
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, drilling
or excavation on a parcel of land.
(5)
Demolition of a structure or removal of trees.
(6)
Deposit of refuse, solid or liquid waste or
fill on a parcel of land.
(7)
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
of waste material.
(8)
Alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
(9)
Commencement of forest activities.
[Added 10-3-1988 by Ord. No. O-21-88]
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 or subdivision or site plan approval.
[Amended 5-21-1990 by Ord. No. O-11-90]
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 REGULATION
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance,
Official Map Ordinance or other municipal regulation for the use and
development of land, or amendment thereto adopted and filed.
DISKING
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 3-27-2012 by Ord. No. O:11-2012]
DISTRICT
A portion of the territory of the Township within which certain
regulations and requirements or various combinations thereof apply.
DIVERT or DIVERSION
The taking of water from a river, stream, lake, pond, aquifer,
well, other underground source, or other water body, whether or not
the water is returned thereto, consumed, made to flow into another
stream or basin, or discharged elsewhere.
[Added 5-22-2024 by Ord.
No. O:20-2024]
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
DPCC
Discharge pollutant contamination control.
[Added 12-17-1990 by Ord. No. O-29-90]
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff, to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities or lands 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.
DRUM CHOPPING
A silvicultural practice involving the drawing of a large
cylindrical drum with cutting blades mounted parallel to its axis
across a site to break up slash, crush scrubby vegetation prior to
burning or planting or to chop up and disturb the organic turf and
roots in the upper foot of soil.
[Added 3-27-2012 by Ord. No. O:11-2012]
DRY DETENTION BASIN
A detention basin designed to entirely drain.
[Added 12-17-1990 by Ord. No. O-29-90]
DWELLING
Any structure or portion thereof which is designed or used
for residential purposes.
[Added 5-21-1990 by Ord. No. O-11-90]
DWELLING UNIT or DWELLING
One or more rooms located within a structure forming a single
habitable unit, used or intended to be used for living purposes by
one or more persons living together and maintaining a common household,
having separate cooking and sanitary facilities and accessible from
the outdoors, either directly or through an entrance hall shared with
other dwelling units. Not included are mobile homes, hotels, motels,
lodging houses, boardinghouses or tourist homes.
[Amended 5-21-1990 by Ord. No. O-11-90]
A.
SINGLE-FAMILY DETACHED DWELLING UNITA building on a lot designed and occupied exclusively as a residence for one family or household, which has yard or open areas on all sides, having no common walls with any other building.
B.
TWIN OR TWO-FAMILY DWELLING UNITA building on a lot designed and occupied exclusively as a residence for two families or households which has a common wall separating two units each of which has a full complement of utilities and facilities for use as a dwelling and separate means of ingress and egress.
C.
DUPLEXA detached building where the family dwelling units are separated by a horizontal floor unpierced except for access to the outside or to a common basement or cellar.
D.
SEMIDETACHEDA building separated into two dwelling units by a vertical party wall unpierced except for access to the outside or to a common basement or cellar.
E.
SINGLE-FAMILY ATTACHED DWELLING UNIT (TOWNHOUSE; ROWHOUSE)A dwelling unit which is one of a group of three or more attached dwelling units separated by vertical party walls, each having separate front and rear or front and side entrances from the outside and a full compliment of utilities and facilities for use as a dwelling unit.
F.
MULTIFAMILY DWELLING UNIT/APARTMENTA suite of rooms designed for or occupied by one family or household and situated in a building containing three or more such suites of rooms. Such units may share some facilities, utilities or services such as entrance halls, electric or water connections, basement areas, heating plant or refuse disposal facilities.
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:
A.
Another substation of the utility company.
B.
A substation of or interconnection point with
another interconnecting utility company.
C.
A substation of a high-load customer of the
utility.
[Amended 10-3-1988 by Ord. No. O-21-88]
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in the portion of a tract of land occupied by an existing use.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
EXECUTIVE DIRECTOR
The chief administrative officer of the Pinelands Commission
or any representative designated by such chief administrative officer
to perform any functions delegated to such chief administrative officer
pursuant to any provision of the plan.
FAMILY
Any number of persons, related or not, occupying a dwelling
unit and living and cooking together as a single housekeeping unit.
[Amended 5-21-1990 by Ord. No. O-11-90]
FAMILY, IMMEDIATE
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 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90; 4-28-1997 by Ord. No. O-27-97; 9-10-2018 by Ord. No. O:23-2018]
FARM, ACCESSORY USES
Buildings incidental to farms, such as greenhouses; buildings
for housing seasonal workers for the farm's own use; barns, packing,
grading and storage buildings; buildings for keeping poultry and permitted
livestock; and garages for the keeping of equipment and trucks used
in farm operations.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, provided that such building is located on, operated
in conjunction with and is necessary to the operation of a farm as
defined by this chapter.
FARM, PRINCIPAL USES
A tract of contiguous property of at least five acres used
for the growing and harvesting of crops and the raising and breeding
of certain animals, including truck farms, fruit farms, nurseries
and greenhouses, dairies and livestock produce.
FINAL APPROVAL
The official action of the approving board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FISH AND WILDLIFE MANAGEMENT
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The floodway and relative flat areas adjoining the floodway
which has been or may be hereafter covered by floodwater and which
area, the improper development and general use of which would constitute
a threat to the public's safety, health and general welfare. The "flood
hazard area" shall constitute the total area inundated by the flood
hazard design flood.
FLOODPLAIN
The general flat terrain subject to periodic flooding adjacent
to streams, ponds, lakes or swamps.
FLOODWAY
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream. This shall constitute
the portions of the floodplain needed for the passage of the floodway
design flood without an appreciable rise in the water surface profile.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior faces of the exterior walls,
or from the center line of a wall separating two buildings.
FLOOR AREA, GROSS
The floor area within the perimeter of the outside walls
of the building under consideration, without deduction for hallways,
stairs, closets, thickness of walls, columns or other features.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
[Added 11-21-1984 by Ord. No. O-26-84]
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 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97; 3-27-2012 by Ord. No.
O:11-2012]
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
As set forth in the Comprehensive Management Plan [N.J.A.C. 7:50-4.2(b)6ii] and §
175-107 of this chapter.
[Amended 10-3-1988 by Ord. No. O-21-88]
FOREST STAND
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 3-27-2012 by Ord. No. O:11-2012]
GARAGE, PRIVATE
A building for housing motor vehicles with no provision for
repairing or servicing such vehicles for profit.
GARAGE, PUBLIC
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including any sale of motor vehicles, fuels or accessories, or in
which any such vehicles are kept for hire.
GARDEN CENTER
An establishment for retail sales of live plant material,
fertilizers, pesticides, landscape materials, plant containers, seasonal
sales of flowers, produce and holiday items, including Christmas trees,
both live and artificial, lawn ornaments, garden furniture and similar
material.
[Added 8-22-2006 by Ord. No. O-31-2006]
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development
pursuant to N.J.S.A. 40:55D-45.2.
[Added 10-28-2008 by Ord. No. O:39-2008; amended 4-14-2009 by Ord. No.
O:05-2009]
GRADE
A.
For buildings adjoining one street only, the
elevation of the established curb at the center of the wall adjoining
the street.
B.
For buildings adjoining more than one street,
the average of the elevations of the established curbs at the center
of all walls adjoining streets.
C.
For buildings having no wall adjoining the street,
the average level of the ground adjacent to the exterior walls of
the building. All walls approximately parallel to and not more than
15 feet from a street line are to be considered as adjoining a street.
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 3-27-2012 by Ord. No. O:11-2012]
HABITAT
The natural environment of an individual animal or plant,
population or community.
HISTORIC DISTRICT
An area designated by the Pinelands Commission, pursuant
to the Comprehensive Management Code (N.J.A.C. 7:50-6.143), as having
such historic, cultural or archaeological importance as to merit special
protection.
[Amended 10-3-1988 by Ord. No. O-21-88]
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 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
HISTORIC SITE
Any building, structure, area or property that is important in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to §
175-110 of this chapter.
[Amended 10-3-1988 by Ord. No. O-21-88]
HYDROLOGIC UNIT CODE-11 or HUC-11
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
[Added 5-22-2024 by Ord.
No. O:20-2024]
HYDROPHYTE
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
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 3-27-2012 by Ord. No. O:11-2012]
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 3-27-2012 by Ord. No. O:11-2012]
INDEPENDENT LIVING
A living arrangement that maximizes independence and self-determination,
especially of disabled persons living in a community instead of in
a medical facility.
[Added 4-24-2007 by Ord. No. O-11-2007]
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 3-27-2012 by Ord. No. O:11-2012]
INDUSTRIAL
A.
LIGHT INDUSTRIAL USEManufacturing plants of a type which carry on processes within completely enclosed buildings; wholesale distribution centers for wholesale sales, storage and distribution, including facilities for bulk storage; enclosed service and repair facilities; equipment sales and service; business offices and office buildings; industrial plants not involving the synthesis of chemical products for direct industrial sale; research laboratories; and other light industrial uses of the same general character.
INFILTRATION BASIN
A surface stormwater control basin designed to impound runoff
and recharge it into the groundwater.
[Added 12-17-1990 by Ord. No. O-29-90]
INFILTRATION FACILITY
Any stormwater control facility, surface or subsurface, designed
to impound runoff and recharge it into the groundwater.
[Added 12-17-1990 by Ord. No. O-29-90]
INSTITUTIONAL USE
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities such as libraries, galleries, museums, concert
halls, theaters and the like; churches, cemeteries, public office
buildings, hospitals, including such educational, clinical, research
and convalescent facilities as are integral to the operation of the
hospital; medical and health service facilities, including nursing
homes, rehabilitation therapy centers and public health facilities.
For purposes of this chapter, "institutional use" shall not include
medical offices which are not associated with hospitals or other medical
or health service facilities, nor shall it include assisted-living
facilities.
[Amended 10-3-1988 by Ord. No. O-21-88; 8-14-2001 by Ord. No. O-22-2001]
INTERESTED PARTY OR PERSON
A.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
B.
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 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.
[Added 10-3-1988 by Ord. No. O-21-88]
INTERMITTENT STREAM
A natural stream that does not have a continual flow.
[Added 12-17-1990 by Ord. No. O-29-90]
JUNKYARD
Any lot of land within the Township of Monroe on which junk
is placed, collected, stored or kept.
JUNKYARD, APPROVED CHARITABLE OR NONPROFIT DROPOFF DEPOSITORIES
AND/OR RECYCLING CENTER
Any state or federally approved tax-exempt charitable or
nonprofit organization may establish dropoff depositories for the
purpose of collecting clothes or other similar items or for collecting
materials to be used in recycling. The location of such depositories
shall be reviewed by the Planning Board after application is made
in a form approved by said Board.
JUNKYARD, MOTOR VEHICLE
Any business or any place of storage or deposit on property
in the Township of Monroe of two or more unregistered motor vehicles
or two or more automobiles which, in the opinion of the Director of
Public Safety, Construction Subcode Official or Zoning Officer, are
unfit for reconditioning for use for highway transportation, or used
parts of motor vehicles or material which has been a part of a motor
vehicle, the sum of which parts or materials shall, in the opinion
of Director of Public Safety, Construction Subcode Official or Zoning
Officer, be equal in bulk to two or more motor vehicles.
JUNKYARD OR SALVAGE YARD
Any area/or structure used or intended to be used for conducting
and operating the business of selling, buying, storing or trading-in
used or discarded metal, glass, paper, cordage or any used or disabled
fixtures, vehicles or equipment of any kind. This definition is specifically
restricted by the Township Junkyard Ordinance.
LAND
Includes the surface and subsurface of the earth, as well
as improvements and fixtures on, above or below the surface and any
water found thereon.
LANDFILL
Sites, including open dumps, where solid waste, liquid and
dry sewage sludge and liquid and dry chemical waste are disposed of
by land application with or without the use of management practices
or soil covering. For the purposes of this chapter, solid waste transfer
stations shall not be considered "landfills."
LANDSCAPING
The installation of plant material or seed as a part of a
development.
LEACHATE COLLECTOR
The meaning attributed to the phrase by, and each such "leachate
collector" shall conform to the requirements of, the New Jersey Solid
Waste Administration.
LOCAL COLLECTOR
As defined in § 175-144A(9)(f) of this chapter.
The following Township named roads are classified as "local collectors"
for the purposes of this chapter: Ames Road, Arch Street, Blue Bell
Road (the Township portion only), Corkery Lane (between the Black
Horse Pike and Malaga Road and between White Hall Road and Malaga
Road), East Lake Avenue, Flexon Avenue, Franklinville-Williamstown
Road, Herbert Boulevard/Lake Avenue, Jackson Road, Janvier Road (between
Ames Road and the Franklin Township border), Malaga-Dutch Mill Road,
Morgan Road, New Street, Piney Hollow-Winslow Road, Prosser Avenue,
Radix Road, Rown Avenue, Sunset Avenue, West Lake Avenue, Whitehall
Road and Williamstown-Winslow Road.
[Added 7-21-1992 by Ord. No. O-27-92]
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 4-28-1997 by Ord. No. O-27-97]
LOCAL STREET
The same definition as contained in § 175-144A(9)(h).
All Township roads not listed within the definitions for "local collector"
and "local subcollector," as well as those roads not classified as
Gloucester County Routes, New Jersey State Routes and United States
Routes, are classified as "local streets" for the purposes of this
chapter.
[Added 7-21-1992 by Ord. No. O-27-92]
LOCAL SUBCOLLECTOR
The same definition as contained in § 175-144A(9)(g).
The following Township roads are classified as "local subcollectors"
for the purposes of this chapter: Andrews Road, Broad Lane, Broadlane
Road, Green Avenue, Huber Avenue, Lakeside Drive, North Shore Drive,
Sharp's Road, Stanger Avenue and South Shore Drive.
[Added 7-21-1992 by Ord. No. O-27-92]
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage Authorities
Law (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant
to the Municipal and County Utilities Authorities Law (N.J.S.A. 40:14B-1
et seq.); or any utility, commission, special district or other corporate
entity not regulated by the Board of Regulatory Commissioners under
Title 48 of the Revised Statutes that provides gas, electricity, heat,
power, water or sewer service to a municipality or the residents thereof.
[Added 8-12-1997 by Ord. No. O-40-97]
LONG-TERM CARE AND/OR NURSING HOME
An institution or a distinct part of an institution that
is licensed or approved to provide health care under medical supervision
for 24 or more consecutive hours to sick invalid, infirm, disabled
or convalescent persons in addition to lodging and boarding or health-related
service, or any combination of the foregoing. Long-term care facility
shall include the terms skilled nursing facility and intermediate
care facility.
[Added 4-24-2007 by Ord. No. O-11-2007; amended 8-26-2008 by Ord. No. O:27-2008]
LOT
Any parcel, tract or area of land separated from other parcels
or portions and established by a lawful subdivision, plat, deed or
record, survey map, metes and bounds description or otherwise as permitted
by law and to be used, developed or built upon as a unit.
A.
CORNER LOTA lot with at least two adjacent sides abutting upon intersecting streets or other public spaces.
B.
INTERIOR LOTA lot which faces on one street or with opposite sides on two streets and any other lot which is not a corner lot.
LOT AREA
The area contained within lot lines but not including any
portion of a street. The minimum "lot area" of a lot fronting on a
street proposed to be widened in accordance with the Township Official
Map, when adopted, shall be the minimum area required for the district
in which it is located, plus the additional area needed to anticipate
the ultimate widening of the street. Minimum lot area shall not include
utility easements or any required buffers or open space.
[Amended 7-21-1992 by Ord. No. O-27-92]
LOT COVERAGE
The area of a lot covered by buildings, structures, paved
surfaces and compacted stone. Paved surfaces include, but are not
limited to, sidewalks, patios and decks, whether constructed of blacktop,
compacted stone, flagstone, brick, concrete, wood or similar material,
but excluding permeable pavement. The water surface of any swimming
pool also counts towards lot coverage.
[Amended 5-24-2021 by Ord. No. O:11-2021; 4-24-2029 by Ord. No. O:18-2024; 5-22-2024 by Ord. No. O:30-2024]
LOT DEPTH
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front line through the midpoint of
the rear lot line.
LOT FRONTAGE
A lot line or portion thereof which is coexistent with a
single street line. In the case of a street of undefined width, said
lot line shall be assumed to parallel the center line of the street
at a distance 25 feet therefrom. In the case of corner lots, the smaller
of the two or more lot lines coexistent with street lines shall be
considered as the frontage.
LOT LINE
A line dividing one lot from another or from a street or
any public space.
LOT WIDTH
The distance between the side lot lines measured at the minimum
required building setback from the street line.
LOW-INCOME HOUSEHOLD
A household with an annual income of less than 80% of the
median income for Gloucester County or for the Standard Metropolitan
Statistical Area.
MAINTENANCE BOND
Any security acceptable to the Township Council to assure
the maintenance of duly approved improvements installed by the developer
after the final acceptance of the improvements and in accordance with
this chapter.
MAINTENANCE GUARANTY
Any security which may be accepted by the Township for the maintenance of any improvements required by this chapter as set forth in Article
XI of this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash. The Township shall not require that the "maintenance guaranty" required pursuant to this chapter be in cash. The developer may, however, provide at his option some or all of the "maintenance guaranty" in cash.
[Amended 7-21-1992 by Ord. No. O-27-92]
MANUFACTURED HOME
A unit of housing which:
A.
Consists of one or more transportable sections
which are substantially constructed off site and, if more than one
section, are joined together on site.
B.
Is built on a permanent chassis.
C.
Is designed to be used, when connected to utilities,
as a dwelling on a permanent or nonpermanent foundation.
D.
Is manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974, Pub. L. 93-383 (42 USC 54 01 et seq.), and the standards
promulgated for a manufactured or mobile home by the Commissioner
pursuant to the State Uniform Construction Code Act, P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.).
MANUFACTURING
The processing and converting of raw, unfinished or finished
materials or products, or any of these, into an article or substance
of different character, or for use for a different character, or for
use for a different purpose; also industries furnishing labor in the
case of manufacturing or the refinishing of manufactured articles.
MASSAGE PARLOR
Any establishment, public or private, where physical contact
is provided resulting in any specified sexual activity or sexual conduct.
MASTER PLAN, TOWNSHIP
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to §
175-13 of this chapter (N.J.S.A. 40:55D-28).
MAYOR
The chief executive of the Township.
MEDIAN INCOME
The median of household income as determined from time to
time by the United States Department of Housing and Urban Development
to be the median.
MENTALLY ILL PERSON
A person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-23, but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
MIDDLE-INCOME HOUSEHOLD
A household with an annual income between 100% and 120% of
the median income for Gloucester County or the Standard Metropolitan
Statistical Area.
MINOR SITE PLAN
A development plan of one or more lots which does not propose the new construction of or any addition to a structure or building which will result in the building coverage of a property involved to be in excess of 5,000 square feet; or does not require disturbance of more than 10,000 square feet of land area; or does not involve planned development; or does not include a new street or extension of any off-tract improvements which is to be prorated pursuant to §
175-124 of this chapter; and contains the information reasonably required in order to make an informed determination whether the requirements established by this chapter for the approval of a minor site plan have been met.
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy and which contains plumbing and electrical
connections for attachment to outside systems; and is designed for
transportation after fabrication on streets or highways on its own
wheels and, upon delivery to the site, is ready for occupancy except
for minor and incidental unpacking and assembly operations, location
on jacks or other temporary foundations, connections to utilities
and the like.
[Amended 10-3-1988 by Ord. No. O-21-88]
MOBILE HOME PARK
A parcel or tract of land under single ownership which has
been planned and improved for the placement of mobile homes for dwelling
purposes.
MODERATE-INCOME HOUSEHOLD
A household with an annual income which is 80% to 100% of
the median income for Gloucester County or the Standard Metropolitan
Statistical Area.
MUNICIPAL AGENCY
The Township Planning Board or Zoning Board of Adjustment,
or the Township Council 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 this chapter.
MUNICIPALITY
The Township of Monroe, County of Gloucester, and State of
New Jersey.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 3-27-2012 by Ord. No. O:11-2012]
NJPDES
New Jersey Pollutant Discharge Elimination System.
[Added 12-17-1990 by Ord. No. O-29-90]
NONCONFORMING BUILDING
A building legally existing at the effective date of this
chapter which does not conform to the regulations of this chapter
applicable to the district in which the building is located.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to 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 this Zoning
Ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
NONCONSUMPTIVE USE
The use of water diverted from surface or ground waters in
such a manner that at least 90% of the diverted water is returned
to the source surface or ground water at or near the point from which
it was taken.
[Added 5-22-2024 by Ord.
No. O:20-2024]
OCCUPANCY
The specific purpose for which land or a building is used,
designed or maintained.
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 Gloucester County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF-SITE COMMERCIAL ADVERTISING SIGN
A sign 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.
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 which may be improved
only for recreational purposes and set aside, dedicated, designated
or reserved for the enjoyment and use of the residents of a development,
in the case of ownership by a homeowners' association, or the public
generally, in the case of ownership by a public body. "Open area"
refers to the total portion of a site not covered by a building or
paving.
[Amended 5-21-1989 by Ord. No. O-11-90; 7-21-1992 by Ord. No. O-27-92]
A.
COMMON OPEN SPACEThe undeveloped portion of a development or project that is held in common ownership by a homeowners' association, condominium association or other similar group.
B.
PRIVATE OPEN SPACEThe undeveloped portion of a development or project that is included in platted lots but is deed-restricted to prohibit development within this "private open space."
C.
PUBLIC OPEN SPACEThe open space area conveyed or dedicated to either the Township, a Township agency, the Township Board of Education, a New Jersey State Agency, a County of Gloucester agency or any other public body for recreational or conservational uses.
OUTLET CONTROL STRUCTURE
A device designed to release impounded runoff from a detention/infiltration
facility, usually by means of an orifice or weir.
[Added 12-17-1990 by Ord. No. O-29-90]
OWNER
Any individual, firm, association, syndicate, copartnership,
corporation or trust having sufficient proprietary interest in the
land to be developed in order to commence and maintain proceedings
to subdivide the same under this chapter.
PARCEL
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.
[Amended 4-28-1997 by Ord. No. O-27-97]
PARKING LOT, COMMERCIAL
Any lot or area other than a street which is devoted to the
parking of automobiles, available for public use whether in return
for a fee or as an accommodation for clients or customers, and which
is not directly operated by and on behalf of the use permitted in
the zone in which located.
PARKING SPACE
An open space or garage on a lot used for parking motor vehicles
to which there is access from a street.
PARKING STRUCTURE, OPEN
A structure for the parking of passenger cars wherein two
or more sides of such structure are not less than 50% open on each
floor or level for 50% of the distance from the floor to the ceiling
and wherein provision for the repairing of such vehicles is not made.
Such "open parking structures" shall not be classified as public garages,
but shall comply with the requirements of Township ordinances.
PARTIAL DETENTION FACILITY
Any stormwater control facility, surface or subsurface, designed
to impound runoff and both recharge it into the groundwater and release
it at a reduced rate through an outlet control structure.
[Added 12-17-1990 by Ord. No. O-29-90]
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 §
175-40 of this chapter (N.J.S.A. 40:55D-12).
PARTY WALL
A fire wall on an interior lot line used or adapted for joint
service between two buildings.
PERFORMANCE GUARANTY
Any security which may be accepted by the Township pursuant
to this chapter, including but not limited to surety bonds, letters
of credit under the circumstances specified in N.J.S.A. 40:55D-53.5
and cash. The Township shall not require that more than 10% of the
"performance guaranty" required pursuant to this chapter be in cash.
The developer may, however, provide at his option more than 10% of
the "performance guaranty" in cash.
[Amended 3-20-1985 by Ord. No. O-6-85; 7-21-1992 by Ord. No. O-27-92]
PERMEABLE PAVEMENT
A porous urban surface composed of open pore pavers, concrete
or asphalt with an underlying stone reservoir.
[Added 5-22-2024 by Ord.
No. O:30-2024]
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock or other material at hydraulic gradient of one.
[Added 3-27-2012 by Ord. No. O:11-2012]
PERMIT
An official document or certificate issued by the authority
having jurisdiction and authorizing performance of a specified activity.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PERSON
An individual, corporation, public agency, business trust,
partnership, copartnership, association, two or more persons having
a joint or common interest or any other legal entity.
PERSON WITH HEAD INJURY
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
[Added 8-12-1997 by Ord. No. O-40-97]
PINELANDS
The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA
That area designated as such by Section 10a of the Pinelands
Protection Act.
PINELANDS COMMISSION
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.,
PINELANDS DEVELOPMENT CREDIT
A use right allocated to certain lands within the Township
and the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that can be
used to secure a residential density bonus in regional growth areas
within the Township and the Pinelands Area.
[Amended 10-3-1988 by Ord. No. O-21-88]
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.
[Added 10-3-1988 by Ord. No. O-21-88]
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.
[Amended 10-3-1988 by Ord. No. O-21-88]
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, planned commercial development or planned industrial
development.
PLANNED INDUSTRIAL 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
industrial uses and any other uses incidental to the predominant use
as may be permitted by this chapter.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
development and one or more public, quasi-public, commercial or industrial
areas in such ranges or ratios of nonresidential uses to residential
uses as shall be specified in this chapter.
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
[Amended 10-3-1988 by Ord. No. O-21-88]
PLAT
One or more maps of a subdivision or a site plan which shows
the location, boundaries and ownership of individual properties (CMP).
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the approving board and the applicant and after the applicant has proceeded in accordance with §§
175-59A,
175-61A and
175-83 of this chapter.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PRESERVATION AREA
That area so designated by Section 10b of the Pinelands Protection
Act.
PRIME AGRICULTURAL LANDS
Those soils designated in the Gloucester County Soil Survey
as agricultural capability Classes I and II.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which said building is situated.
PRINCIPAL USE
The main purpose for which a lot or building is used.
PROJECT
The specific section of roadway or other public or private
improvement or development, together with all related appurtenances
and construction.
[Added 7-21-1992 by Ord. No. O-27-92]
PROTECTION AREA
All land within the Pinelands Area which is not included
in the Preservation Area.
PUBLIC AGENCIES
The government of the United States of America; the State
of New Jersey or any other state; their political subdivisions, agencies
or instrumentalities; any interstate and regional agencies exercising
sovereign powers of government.
PUBLIC AREAS
A.
Public parks, playgrounds, trails, paths and
other recreational areas.
B.
Other public open spaces.
C.
Scenic and historic sites.
D.
Sites for schools and other public buildings
and structures.
PUBLIC DEVELOPMENT
The development or subdivision of land by the Township Council,
School Board or any other officially created municipal agency or authority.
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 OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Township, a Township agency, Board of Education, state or county agency
or other public body for recreational or conservational or other public
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.
[Added 10-3-1988 by Ord. No. O-21-88]
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 43:2-13.
[Added 8-12-1997 by Ord. No. O-40-97]
QUORUM
The majority of the full authorized membership of a Township
agency.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
RECORD TREE
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Commission.
[Added 4-28-1997 by Ord. No. O-27-97]
RECREATIONAL FACILITY, INTENSIVE
In the Pinelands Area of the Township, 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.
[Amended 10-3-1988 by Ord. No. O-21-88]
RECREATIONAL FACILITY, LOW-INTENSIVE
In the Pinelands Area of the Township, 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 may include such low-intensity
uses as hiking, hunting, trapping, fishing, canoeing, nature study,
orienteering, horseback riding and bicycling.
[Amended 4-28-1997 by Ord. No. O-27-97]
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.
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 ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
RESOURCE MANAGEMENT SYSTEM PLAN
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of non-point-source pollution; and
establish criteria for resource sustainability of soil, water, air,
plants and animals.
[Added 3-27-2012 by Ord. No. O:11-2012]
RESUBDIVISION
A.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
B.
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
REVERSE FRONTAGE
Access to lots fronting on a major road from an accessory
street, rather than a collector street.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse,
utility alignment or other way and within which all improvements and
right of access are confined.
ROOF
The roof slab or deck with its supporting members, not including
vertical supports.
ROOF STRUCTURE
An enclosed structure on or above the roof of any part of
a building.
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 3-27-2012 by Ord. No. O:11-2012]
SCS
Soil Conservation Service/District.
[Added 12-17-1990 by Ord. No. O-29-90]
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
[Amended 10-3-1988 by Ord. No. O-21-88]
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SEED TREE CUT
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 3-27-2012 by Ord. No. O:11-2012]
SELF-STORAGE FACILITIES
A structure containing separate storage spaces of varying
sizes leased or rented as individual storage units.
[Added 9-26-2000 by Ord. No. O-29-2000]
SETBACK
The distance between the street line and the building line.
SETBACK LINE
The line that is established a minimum horizontal distance
from the lot line and beyond which the building or part of a building
is not permitted to extend toward the lot lines. All setbacks from
public streets shall be measured from the proposed right-of-way width
as shown on any adopted State, County or Township Master Plan or Official
Map, when adopted. This line shall be located at the building line.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of
the genitals, pubic areas or buttocks of the human male or female,
or the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
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 3-27-2012 by Ord. No. O:11-2012]
SIGHT TRIANGLE EASEMENT AT INTERSECTION AND/OR DRIVEWAY
A triangular-shaped area established in accordance with the
requirements of this chapter in which nothing shall be erected, placed,
planted or allowed to grow more than three feet above the center-line
grade of either street and/or driveway.
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. "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 a product; or scoreboards located
on athletic fields.
SIGN, AREA OF
The area included within the frame or edge of the sign, including
all lettering, wording, coloring and accompanying designs and symbols,
together with the background where open or closed. Where the sign
has no such frame or edge, the area shall be defined by an enclosed
four-sided (straight sides) geometric shape which most closely outlines
said sign. The supporting framework and bracketing incidental to the
display shall not be included.
SITE CLEARING
The clearing of the land, removal of bridges, culverts and
other structures, removal of pipes, inlets and manholes, removal of
sidewalks, driveways, curbs and gutters, demolition of buildings and
the removal of trees, tree stumps, shrubs, vegetation and roots.
[Added 7-21-1992 by Ord. No. O-27-92]
SITE COVERAGE
The percentage of the gross site area covered by roads, paving,
structures or other impervious coverage.
SITE PLAN
A development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
B.
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
and screening devices.
C.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter as to a site plan.
SPECIFIED ANATOMICAL AREA
A.
Less than completely and opaquely covered human
genitals, pubic region, buttock or female breast below a point immediately
above the top of the areola; or
B.
Human genitals in a discernibly turgid state,
even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in a state of sexual stimulation
or arousal;
B.
Any act of human masturbation, sexual intercourse
or sodomy; or
C.
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
STANDARDS OF PERFORMANCE
A.
Standards adopted by ordinance (N.J.S.A. 40:55D-65D)
regulating noise levels, glare, earthborne or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosive
and inflammable matters, smoke and airborne particles, waste discharge,
screening of unsightly objects or conditions and such other similar
matters as may be reasonably required by the Township; or
B.
Required by applicable federal or state laws
or other Township ordinances.
STORY
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above.
STORY, FIRST
The lowermost story entirely above the grade plane.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
A.
Which is an existing state, county or Township
roadway;
B.
Which is shown upon a plat heretofore approved
pursuant to law;
C.
Which is approved by official action as provided
by this Act; or
D.
Which is shown on a plat duly filed and recorded
in the office of the county recording officer prior to the appointment
of the Planning Board and the grant to such Board of the power to
review plats; and to which 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.
STREET LINE
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, when adopted, forming the dividing line between
the street and a lot. In the case of a street of undefined width,
said "street line" shall be assumed to parallel the center line of
the street at a minimum distance of 25 feet therefrom.
STREET LOT LINE
The lot line dividing a lot from a street or other public
space.
STRUCTURAL ALTERATION
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation 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, partnership,
copartnership, corporation, trust or any legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another with the written consent of the owner.
SUBDIVISION
A.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created and,
in the Pinelands area, if no new development occurs or is proposed
in connection therewith:
[Amended 5-21-1990 by Ord. No. O-11-90]
(1)
Divisions of land found by the Planning Board
to be for agricultural purposes where all resulting parcels are five
acres or larger in size.
(2)
Divisions of property by testamentary or intestate
provisions.
(3)
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
(4)
Consolidation of existing lots by deed or other
recorded instrument.
(5)
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 the
Township.
B.
The term "subdivision" shall also include the
term "resubdivision."
SUBDIVISION, MINOR
A subdivision of land for the creation of an aggregate of not more than four lots (three new lots plus the remaining lot), provided that such subdivision does not involve a planned development, any new streets or the extension of any off-tract improvements, the cost of which is to be prorated pursuant to §
175-124 of this chapter (N.J.S.A. 40:55D-42); and not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by any Board within the past five years and where the combination of the proposed and approved minor subdivisions constitute a major subdivision. Any readjustment of lot lines resulting in no new lots shall be classified as a "minor subdivision."
SUBMERGED LANDS
Those lands which are inundated with water throughout the
year.
SUBSTANTIAL COMPLETION
The point at which all required street improvements (except
landscaping, final roadway top surface course, final cleanup and repair
or replacement of unacceptable work performed) and appurtenant utility
improvements and the connection of the same to the public system have
been completed, and provided that the Township has determined, in
its sole discretion, that the work done is safe and convenient for
use by the public and that the failure to immediately complete the
remaining work, improvements or repairs excepted above will not result
in the deterioration of other completed work.
[Added 6-20-1988 by Ord. No. O-15-88; amended 7-21-1992 by Ord. No. O-27-92]
SUBSURFACE INFILTRATION FACILITY
An underground stormwater control facility designed to impound
runoff and recharge it into the groundwater.
[Added 12-17-1990 by Ord. No. O-29-90]
SWIMMING POOL
A structure artificially constructed in the ground, not fully
within a building, which provides recreational facilities for swimming,
bathing or wading and all buildings, equipment and appurtenances thereto.
It shall not include natural outdoor ponds, rivers or lakes.
THINNING
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 3-27-2012 by Ord. No. O:11-2012]
TR
Technical release.
[Added 12-17-1990 by Ord. No. O-29-90]
TRACT
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
a reproduction thereof.
USE
The purpose for which the building, structure or site is
designed, used or intended to be used.
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 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
VARIANCE
Permission to depart from the literal requirements of this
chapter and based upon the standards of this chapter.
VEGETATION
Any plant material, including grasses, shrubs and trees.
WALL
A structural member which also serves to separate space.
WATERCOURSE
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs and all other bodies of water, natural or artificial,
public or private, which are contained within, flow through or border
the municipality or any portion thereof.
[Added 12-17-1990 by Ord. No. O-29-90]
WET DETENTION BASIN
A detention basin designed to maintain a permanent pool of
water below the elevation of the lowest stage of the control structure.
[Added 12-17-1990 by Ord. No. O-29-90]
WETLANDS
Those areas where the substrate is inundated or saturated
by surface water or groundwater at a frequency, magnitude and duration
sufficient to support, and under normal circumstances do support,
a prevalence of vegetation adapted for life in saturated soil conditions
known as "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. Monroe Township does not have any area
of coastal wetlands classification, but does possess inland wetlands,
including submerged lands as defined in N.J.A.C. 7:50-6.3 through
7:50-6.5, of the New Jersey Pinelands Comprehensive Management Plan.
[Amended 10-3-1988 by Ord. No. O-21-88]
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 3-27-2012 by Ord. No. O:11-2012]
WETLANDS SOILS
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St.
Johns and freshwater marsh and tidal marsh soil types.
[Added 5-21-1990 by Ord. No. O-11-90]
WIRELESS TELECOMMUNICATIONS FACILITIES
Those antennas or towers providing personal wireless services
as defined in the Federal Telecommunications Act of 1996, including
cellular, personal communication services (PCS), specialized mobile
radio (SMR), enhanced specialized mobile radio (ESMR), paging and
similar services that currently exist or that may in the future be
developed. It does not include any amateur radio facility that is
owned and operated by a federally licensed amateur radio station operator
or is used exclusively for receive-only antennas, nor does it include
noncellular telephone service.
[Added 8-14-2001 by Ord. No. O-21-2001]
WORK
The furnishing of all labor, services, materials, equipment,
tools, transportation, supplies and other incidentals necessary or
convenient to the successful completion of construction.
[Added 7-21-1992 by Ord. No. O-27-92]
YARD
An unoccupied, unobstructed open space other than a court
and adjacent to a building and extending to property lines. Porches
and bay windows shall be considered a part of the building. Overhanging
eaves, gutters and cornices of two feet or less shall not be considered
an infringement of the requirements.
[Amended 5-21-1990 by Ord. No. O-11-90]
YARD, FRONT
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot situated between the
street line and the building line projected on the side lines of that
lot, exclusive of overhanging eaves, gutters, cornices and steps.
YARD, GENERAL REQUIREMENTS
As to a front, rear or side yard, easements on adjacent properties
shall not be used in order to fulfill the requirements for each such
yard.
YARD, REAR
An open, unoccupied space extending across the full width
of the lot and lying between the rear line of the lot and the nearest
line of any building, exclusive of overhanging eaves, gutters, cornices
and steps; the yard directly opposite the chosen front yard. The depth
of the "rear yard" shall be measured at right angles to the rear line
of the lot.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest line of a building and extending from the front yard
to the rear yard or, in the absence of either of such yards, to the
street or rear lot lines, as the case may be. The width of a "side
yard" will be measured at right angles to the side line of the lot.
Overhanging eaves, cornices and steps are excepted.
ZONE
The area of the Township also referred to and defined as
a "district."
ZONING
The reservation of certain specified areas within a community
or city for buildings and structures or use of land for certain purposes
with other limitations such as height, lot coverage and other stipulated
requirements.
ZONING PERMIT
A document signed by the administrative officer which:
A.
May be required by this chapter as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building.
B.
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.