A.
The definitions provided herein are applicable to all Buena Vista
Township development regulations enacted pursuant to N.J.S.A. 40:55D-1
et seq.
B.
For purposes of this chapter, the word "person" includes a firm,
association, organization, partnership, trust, company or corporation
as well as the individual.
C.
The present tense includes the future, the singular number includes
the plural, and plural includes the singular.
D.
The word "shall" is mandatory. The word "may" is permissive.
E.
The words "used" or "occupied" include the words "intended, designed
or arranged to be used or occupied."
F.
The term "such as" shall be considered as introducing a typical or
illustrative designation of items and shall not be interpreted as
constituting a complete list.
G.
Words not herein defined shall have the meanings given in Webster's
Unabridged Dictionary.
Unless otherwise stated in context, the following words and
phrases shall have the meanings therein given:
A use or structure which:
Is subordinate to and serves a principal building or a principal
use, including but not limited to the production, harvesting and storage
as well as washing, grading and packaging of unprocessed produce grown
on site;
Is subordinate in area, extent and purpose to the principal
structure or principal building or a principal use served;
Contributes primarily to the comfort, convenience or necessity
of the occupants, business or industry of the principal structure
or principal use served; and
[Amended 7-28-1997 by Ord. No. 17-1997]
Is located on the same parcel as the principal structure or
principal use served, except as otherwise expressly authorized by
the provisions of this chapter.
[Amended 7-28-1997 by Ord. No. 17-1997]
The Secretary of the Planning Board in the case of matters
to come before the Planning Board; the Clerk of the Board of Adjustment
in the use of matters to come before the Board of Adjustment;[1] the Township Clerk in the case of matters coming before
the governing body, as well as receipt, record keeping and proper
disposition of all required development fees, performance bonds, maintenance
bonds and escrow funds; the Zoning Officer in the case of matters
involving the issuance of development permits, certificates of occupancy
and zoning enforcement; and the Tax Assessor in the case of providing
required property owner lists.
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands Area of the Township. 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 facilities
which are solely processing facilities.
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 housekeeping units and which are
otherwise accessory to a principal use of the lot for agriculture.
Any production of plants or animals useful to man, including
but not limited to: forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or any land devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under an
agency of the federal government.
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.
An establishment, the primary purpose of which is the sale
of goods, commodities or services that support active farm operations.
The accessory agricultural use on a residential property
which is subordinate and secondary to the residential use. This would
include the raising of farm animals as identified in the Township
ordinance. This does not include the raising or growing of agricultural
products for financial gain.
[Added 10-22-2018 by Ord.
No. 63-2018]
Minor ways which are used primarily for vehicular service
access to the rear or side of properties otherwise abutting a street.
Any change in the supporting members of a building such as
walls, columns, beams or girders.
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 5-27-2003 by Ord. No. 3-2003; amended 10-22-2018 by Ord. No. 64-2018]
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use.
[Added 10-22-2018 by Ord.
No. 63-2018]
Those animals designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
A developer submitting an application for development.
The application form and all accompanying documents required by this chapter for approval of a development permit, building permit, subdivision plat, site plan, conditional use, zoning variance or authorization or permit prerequisite to initiating development in the Pinelands Area, except as provided in § 115-17D.
The Buena Vista Township Planning Board, unless a different
agency or individual is designated by ordinance pursuant to N.J.S.A.
40:55D-1 et seq.
Streets and highways designed or used primarily for high
vehicular speeds or heavy volumes of traffic.
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 11-28-2011 by Ord. No. 14-2011]
Any establishment primarily engaged in providing services
involving the haircutting, grooming, cosmetology and the related care
of a person; a beauty parlor or barber shop is an example of such
an establishment.
[Added 10-13-1998 by Ord. No. 18-1998]
A story of a building that is partly underground having more
than 1/2 of its interior height, measured from the floor to finished
ceiling, below the average finished grade of the ground adjoining
the building.
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 11-28-2011 by Ord. No. 14-2011]
The Buena Vista Township Board of Adjustment, established
pursuant to N.J.S.A. 40:55D-69.[2]
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 11-28-2011 by Ord. No. 14-2011]
A strip of land containing natural vegetation and/or woodlands,
earth mounds and/or planted screening material and separating one
kind of land use or one property from another.
[Added 10-13-1998 by Ord. No. 18-1998]
A combination of materials assembled to form a construction
adapted to permanent, temporary or continuous occupancy for persons,
animals or chattel and having a roof. The term "building" shall include
"structure," and the term "structure" shall include "building."
The aggregate of the areas of all enclosed and roofed spaces
of a principal building and all accessory buildings. Such areas shall
be computed by using outside building dimensions measured on a horizontal
plane at ground level.
The vertical dimension, measured from the average elevation
of the finished lot grade across the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and the mean height between eaves and ridge for gable, hip and
gambrel roofs. Conventional accessory structures such as chimneys,
spires, aerials and elevator enclosures shall not be included in building
height calculations.
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard in the district under
consideration.
A building in which is conducted the principal use of the
lot on which said building is situated.
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation or vacation. Camper does not include "mobile
home."
A place designed or used for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.[3]
See § 115-57.
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.
A document which shall be deemed to authorize and be required
for each occupancy and use of the building or land to which it applies,
and which shall continue in effect only so long as such building and
the use thereof and/or the use of such land is in full conformity
with the requirements of the Buena Vista Township development regulations
and any requirement made pursuant thereto. A certificate shall only
be issued by the Zoning Officer upon completion of construction or
alteration or prior to any changes in occupancy of a building or land
only after the Zoning Officer is satisfied that said construction
or change is in full compliance with the requirements of the Buena
Vista Township development regulations or determination of a municipal
agency. Maintenance of a valid certificate of occupancy shall be the
responsibility of the property owner.
The identifiable bed and banks of a stream which conveys
the normal, constant or intermittent flow of a stream.
The system, structures and physical improvements for the
movement of people, goods, water, sewage and power.
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clear-cutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 11-28-2011 by Ord. No. 14-2011]
A nonprofit organization catering exclusively to members
and their guests, organized for religious, vocational, civic, recreational
or athletic purposes.
See "residential cluster."
Streets which carry traffic from minor streets to the major
system of arterial streets, including the principal entrance street
of a residential development and streets for circulation within large
developments.
A combination of noncontiguous deed-restricted land parcels
sufficient in area to comply with district lot size requirements.
The Pinelands Commission created pursuant to N.J.S.A. 13:18A-1
et seq.
An open space area within or related to a site occupied by
a cluster or planned development, designed and intended for the common
use of owners or lessees of the development.
See "planned commercial development."
The plan adopted by the Commission pursuant to N.J.S.A. 13:18A-1
et seq.
See "Master Plan."
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location and operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by an approving authority.
A multi-unit property, or a method of ownership of such a
property, in which a tenant holds full title to a single residential
or commercial unit and joint ownership in the common grounds and/or
supporting facilities of the property. The term may also refer to
the unit held in a single ownership.
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 4-26-1993 by Ord. No. 253-1993]
Development other than planned development.
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 11-28-2011 by Ord. No. 14-2011]
The Atlantic County Planning Board.
That percentage of the plot or land or area covered by all
structures, paving and nonporous materials other than retaining walls,
shrubbery and fences. Any area of a lot covered with porous material
will not be included in the calculation of a lot coverage.
A minor land-service street, closed at one end and having
an adequate vehicle turning area at the closed end.
Calendar days.
The average number of dwelling units per unit of land.
The change or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels and the creation or termination of
rights of access or riparian rights, including but not limited to:
A change in type of use of a structure or land.
A reconstruction, alteration in size or material change in the
external appearance of a structure or land.
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on a parcel of land.
Commencement of resource extraction, drilling or excavation
on a parcel of land.
Demolition of a structure or removal of trees.
Commencement of forestry activities.
Deposit of refuse, solid or liquid waste or fill on a parcel
of land.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions or emissions of waste material.
Alteration, either physically or chemically, of a shore, bank,
floodplain, river, stream, lake, pond, wetland or artificial body
of water.
Any approval to develop granted by an approving authority
established pursuant to N.J.S.A. 40:55D-1 et seq. or N.J.A.C. 7:50-4
Part II or Part IV.
Any division of land into five or more lots, including the
remaining lot; 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 in excess of 5,000 square
feet; or any grading, clearing or disturbance of an area in excess
of 10,000 square feet; creation of off-street parking for more than
15 vehicles; and commercial or industrial development on more than
three acres.
[Amended 10-13-1998 by Ord. No. 18-1998]
All development other than major development.
A document signed by the Zoning Officer, identifying a specific development proposal, which is required as specified in § 115-11A(1) of this chapter and which acknowledges that such development, subdivision, use, site improvement or building complies with the provisions of the Buena Vista Township Zoning Ordinance[4] or action of a municipal agency or the courts.
Any development by a public agency.
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 11-28-2011 by Ord. No. 14-2011]
Shall include cow (beef or dairy), sheep, pig (including
potbelly pig), goat or any other animals commonly referred to as livestock;
horse or any other animal belonging to the biological order of Perissodactyla;
and fowl or any feathered vertebrate animal, including but not limited
to chickens, turkeys, ducks, hens, cocks, pheasants or any other animal
commonly referred to as "barnyard fowl."
[Added 10-13-1998 by Ord. No. 18-1998]
The removal of surface or ground water from the land by drains,
grading or other means, including control of runoff to minimize erosion
and sedimentation during or after construction or development, and
means necessary for water supply preservation or prevention or alleviation
of flooding.
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 11-28-2011 by Ord. No. 14-2011]
Any structure or portion thereof which is designed or used
for residential purposes.
A building designed for or occupied exclusively as a residence
for more than two families and provided with common spaces and facilities.
A building occupied or intended to be occupied exclusively
for residence purposes by one family or one housekeeping unit.
A building or part thereof forming a single habitable unit
with facilities which are used or intended to be used for living,
sleeping, cooking, eating and sanitation by one family.
All electric lines other than electric transmission lines.
Electric lines which are part of an electric company's transmission
and subtransmission system, which provide a direct connection between
a generating station or substation of the utility company and another
substation of the utility company; a substation of or interconnection
point with another interconnecting utility company; or a substation
of a high-load customer of the utility.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
Any nongame species or mammal, bird, reptile or amphibian
not indigenous to New Jersey as further defined and regulated under
N.J.A.C. 7:25-4.1.
[Added 10-22-2018 by Ord.
No. 63-2018]
One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by either
birth, adoption, guardianship or marriage, as distinguished from a
group occupying a boardinghouse, lodging house, hotel or motel.
Any parcel of land including at least five acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products and horticultural products. The term "farm"
includes plant nurseries and greenhouse operations.
Any building located on a farm and used for housing of agricultural
equipment, produce, livestock or poultry or for incidental or customary
processing of farm products, provided that such building is used in
conjunction with active farming operations. The term "farm building"
shall not include "dwelling."
A structure for the display and sale of farm products primarily
grown on the property upon which the stand is located.
[Amended 10-22-2018 by Ord. No. 63-2018]
A fence in which 2/3 of the area, between grade level and
the top cross member (wire, wood or other material) is open.
A structure constructed of wood, masonry, stone, wire, metal
or any other manufactured material or combination of materials serving
as an enclosure, barrier or boundary.
Any approval to develop issued by a Township permitting agency
which represents the final action to be taken on the application for
development by that agency, including but not limited to final approval
of major subdivisions and site plans, approval of minor subdivisions
and the issuance of zoning or construction permits.
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.
A sale of items of tangible personal property wherein on
one location there are multiple vendors who have paid a fee for the
privilege of occupying the space allotted to each vendor for the purpose
of displaying and selling of tangible personal property. A flea market
will be deemed permanent if the proposed days of operation exceed
the days allotted for a temporary flea market. Alternate names such
as bazaars, consignment shops, craft shows, rummage sales and swap
meets shall be included.
[Added 10-13-1998 by Ord. No. 18-1998]
A sale of items of tangible personal property wherein on
one location there are multiple vendors who have paid a fee for the
privilege of occupying the space allotted to each vendor for the purpose
of displaying and selling items of tangible personal property. Sales
shall be limited to two consecutive calendar days of operation. Alternate
names such as bazaars, consignment shops, craft shows, rummage sales
and swap meets shall be included.
[Added 10-13-1998 by Ord. No. 18-1998]
The generally flat terrain adjacent to streams, ponds, lakes
or swamps, which has been or may be hereafter covered by floodwater.
An area fully enclosed by the inside surfaces of walls, windows,
doors and partitions; and having a headroom of at least six feet six
inches; including living, eating, cooking, sleeping, storage, circulation,
service, utility and other related household spaces; but excluding
garages, carports, porches, unheated sheds and basements. Attics or
portions thereof may be considered habitable floor area, provided
that they are fully finished and meet the proper height requirements.
The sum of the area of all floors of buildings compared to
the total area of the lot on which they are located.
[Added 5-12-1997 by Ord. No. 11-1997; amended 7-28-1997 by Ord. No.
18-1997]
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clear-cutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 7-28-1997 by Ord. No. 17-1997; 11-28-2011 by Ord. No.
14-2011]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.[5]
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Amended 11-28-2011 by Ord. No. 14-2011]
A building or portion thereof, accessory to the main building
on a lot, designed or used primarily to provide for the storage of
not more than three motor vehicles and in which no occupation, business
or service for profit (other than an approved home occupation) is
carried on.
A building used for the off-street storage of motor vehicles,
the provision of incidental gasoline service, the sale of accessories
and the repair of motor vehicles, excluding body work.
A multifamily dwelling structure, not more than two rooms
in depth or 2 1/2 stories in height, designed as part of a residential
project under single management and providing joint or common use
of open areas by occupants, whether for recreation, parking or other
purpose.
An area of land, including any structure thereon, used primarily
for the retail sale and direct delivery to motor vehicles of motor
fuel and lubricants, as well as such incidental services as the lubrication
and hand washing of motor vehicles and the sale, installation and
minor repair of automobile accessories such as tires and batteries.
Illumination from which a source of light producing a reading
of 50 or more on a standard Weston Photographic Light Meter or its
equivalent at a distance of three feet is visible from the public
right-of-way or a reading of 0.8 or more is found when such meter
or its equivalent is held anywhere on a residential property line.
The Township Committee of the Township of Buena Vista.
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 11-28-2011 by Ord. No. 14-2011]
The natural environment of an individual animal or plant
population or community.
Any site, building, area, districts, structure or object
important in American history or prehistory, architecture, archaeology
or culture at the national, state, county, local or regional level.
[Amended 7-28-1997 by Ord. No. 17-1997]
An activity for economic gain, carried out in a residential
dwelling or a structure accessory thereto, in which an occupant of
the residence and no more than one other individual are employed and
which is clearly incidental to the use of the lot and dwelling for
residential purposes and which complies with the standards and requirements
of this chapter. A home occupation does not include wholesale and
retail sales of firearms or ammunition, or the manufacturing of firearms
and ammunition. Gunsmithing (the cleaning, repair, assembling and
disassembling of firearms) when in conformance with the above is considered
a home occupation.
[Amended 4-23-2023 by Ord. No. 129-2023]
A business, profession, occupation or trade conducted for
gain or support by a resident of the dwelling unit and is incidental
and secondary to the use of the dwelling unit. A home professional
office shall not include retail sales to the general public unless
through mail, Internet or another similar service wherein the retail
customers are not visiting the residential unit. A home professional
office shall not employees on site.
[Added 10-22-2018 by Ord.
No. 63-2018]
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, cooking and sanitary facilities
on a nonprofit basis.
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 7-28-1997 by Ord. No. 17-1997; 10-22-2018 by Ord. No. 64-2018]
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Amended 11-28-2011 by Ord. No. 14-2011]
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 11-28-2011 by Ord. No. 14-2011]
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 11-28-2011 by Ord. No. 14-2011]
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities such as libraries, galleries, museums, concert
halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities, including nursing
homes, supervised residential institutions, rehabilitation therapy
centers and public health facilities; law enforcement facilities;
military facilities; churches; cemeteries; public office buildings;
and other similar facilities.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
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 Township
development regulations or whose right to use, acquire or enjoy property
under Township development regulations has been denied, violated or
infringed by an action or failure to act under Township development
regulations.
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act[6] to govern the review of applications, from the adoption
of the regulations until the Comprehensive Management Plan took effect
on January 14, 1981. These regulations were formerly codified as N.J.A.C.
7:1G-1 et seq.
The use of more than 2,000 square feet, in the case of an
agricultural parcel, or more than 200 square feet in the case of any
other lot, whether inside or outside a building, or the use of any
portion of required front yard area for the storage, keeping, processing
or abandonment of wastepaper, rags, scrap metal or other discarded
material or the dismantling, demolition or abandonment of automobiles
or other vehicles, machinery or parts thereof.
Any building or land parcel used for the keeping of dogs
and other small household pets. The keeping of more than five such
animals on any one property shall constitute a kennel.
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.
Any 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.
Any off-street space not less than 12 feet in width, 70 feet
in length and 15 feet in height, available for the loading or unloading
of goods, having direct access to a street or other public way and
so arranged that no vehicle is required to back into a public right-of-way.
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 7-28-1997 by Ord. No. 17-1997]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law, to be used, developed or
built upon as a unit.
The surface of a land parcel determined by its boundary lines
and expressed in terms of square feet or acres. Any portion of a lot
included within street right-of-way lines shall be included in calculating
the "lot area."
[Amended 2-25-1991 by Ord. No. 225-1991]
The minimum horizontal distance between the front and rear
lot lines.
The boundary line of a lot or portion thereof which is coexistent
with the street line. In the case of a street of unidentified width,
said line shall be assumed to parallel the center line of the street
at a distance of 25 feet therefrom. In the case of corner lots, the
smaller of the two lot lines coexistent with the street shall be considered
frontage. For lots located on a cul-de-sac, the lot frontage may not
be less than 25% of the minimum required lot width.
[Amended 10-22-2018 by Ord. No. 63-2018]
The horizontal distance between the side lot lines, measured
at right angles to the lot depth, along the rear line of the required
front yard space.
Any security, including cash, which may be accepted by Buena
Vista Township for the maintenance of any improvements required under
the authority of N.J.S.A. 40:55D-1 et seq.
Any subdivision not classified as a minor subdivision.
A unit of housing which:
Consists of one or more transportable sections, substantially
constructed off-site and, if consisting of more than one section,
joined together on-site.
Is built on a permanent chassis.
Is designed to be used, when connected to utilities, as a dwelling
on a permanent or nonpermanent foundation.
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,
P.L. 93-383 (42 U.S.C. P5401 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.)
A minor street which is parallel to and adjacent to an arterial
street or highway, which provides access to abutting properties and
regulates vehicular access to the arterial street or highway.
A composite of one or more written or graphic proposals for
the development of a municipality as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
The Mayor of the Township of Buena Vista.
Rights-of-way which are used primarily for access to abutting
properties. Minor streets include marginal access roads and culs-de-sac.
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 street or the extension of any off-tract improvements, the cost
of which is to be prorated, and is not the further division of an
original tract of land for which previous minor subdivision(s) have
been approved by any board within the five years past and where the
combination of the proposed and approved minor subdivisions constitutes
a major subdivision; and is not deficient in those details and specifications
required herein of a minor subdivision. Any readjustment of not more
than three lot lines and/or four lots resulting in no new lots shall
be classified as a minor subdivision.
[Amended 10-13-1998 by Ord. No. 18-1998]
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy and which can be transported after fabrication
to a site where it is to be occupied.
A parcel of land, or two or more parcels of land, containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purposes of leasing individual sites to the owners of manufactured
homes for the installation thereof, and where the landowner or -owners
provide services that include but shall not be limited to:
A building or group of buildings which:
The Planning Board, Board of Adjustment[7] or the governing body of the Township of Buena Vista,
when acting pursuant to the development regulations of the Township
of Buena Vista, or any board, body or other authority within the Township
with authority to approve or disapprove subdivisions, site plans,
construction permits or other applications for development approval.
The Township of Buena Vista. Atlantic County, New Jersey.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 11-28-2011 by Ord. No. 14-2011]
Any naturally eroded channel with visible evidence of banks
and bed, as distinguished from a swale, which shows no evidence of
natural erosion except occasional gullying, and from a ditch, which
is an artificially excavated channel.
Any property utilized for the sale, whether retail or wholesale,
of new and/or used cars, trucks or other highway vehicles. For the
purposes of this chapter, a business which rents or leases cars trucks
or other highway vehicles shall be considered a new and used car sales.
[Added 10-13-1998 by Ord. No. 18-1998]
A building or structure of which the size, dimensions or
location was lawful prior to the adoption, revision or amendment of
the Zoning Ordinance of Buena Vista Township,[8] 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.
A lot of which the area, dimensions or location was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance
of Buena Vista Township,[9] 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.
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance of the Township of Buena
Vista,[10] 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.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
through 40:55D-36.
Any area 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 a contiguous portion of a
street or right-of-way.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the parcel on which the sign is located.
Any area not located on the property which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
Any area located on the lot in question.
Any area located on the property which is the subject of
a development application or a contiguous portion of a street or right-of-way.
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 7-28-1997 by Ord. No. 17-1997]
An area which contains three or more off-street parking spaces.
An area of at least 10 feet in width and having a total of
200 square feet, exclusive of driveways appurtenant and giving access
thereto, accessible from a street, but not located on a street, which
is both suitable and intended for the parking of a passenger motor
vehicle. Any "off-street parking space" that is part of a parking
lot shall be so designed so as not to require a vehicle to back into
or from a street right-of-way.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
Any security which may be accepted by the Township of Buena
Vista, including cash, provided that the Township shall not require
more than 10% of the total performance guaranty in cash.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 11-28-2011 by Ord. No. 14-2011]
An individual, corporation, public agency, business, trust,
partnership, association, two or more persons having a joint common
interest or other legal entity.
That area designated as such by N.J.S.A. 13:18A-1 et seq.
A use right allocated to certain lands within the Township
pursuant to N.J.A.C. 7:50-5.43 that can be acquired to secure a residential
density bonus in Regional Growth Areas located in other Pinelands
Area municipalities.
See N.J.A.C. 7:50-6.43.
[Added 11-28-2011 by Ord. No. 14-2011]
Any use which is based on resources indigenous to the Pinelands,
including but not limited to forest products, berry agriculture and
sand, gravel, clay, or ilmenite recovery.
An area of a minimum contiguous acreage, as specified by
the development regulations of the Township of Buena Vista, to be
developed according to a plan as a single entity, containing one or
more structures with appurtenant common areas to accommodate commercial
or office uses, or both, and any residential or other uses incidental
to the predominant use that may be permitted by said regulations.
An area of minimum contiguous acreage as specified by the
development regulations of the Township of Buena Vista, to be developed
according to 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
said regulations.
The Planning Board of the Township of Buena Vista, established
pursuant to N.J.S.A. 40:55D-23.
A Pinelands plan species whose survival worldwide, nationwide
or in the state is in jeopardy.
One or more maps of a subdivision or site plan which shows
the location, boundaries and ownerships of individual properties.
Any approval to develop issued by a Township permitting agency
which is a prerequisite to the issuance of a final approval by that
agency, including but not limited to preliminary approvals of major
subdivisions and site plans.
The primary purpose for which a lot or building is used.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
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 5-13-1991 by Ord. No. 227-1991]
A nonprofit use serving the public or a significant portion
thereof, not controlled directly by government or a government agency
and financed in whole or in part by either public funds or public
contributions. In addition, "quasi-public" facilities include those
operated by nonprofit institutions or organizations which are operated
by persons or groups of persons for public purposes but with only
limited public control or accessibility.
A majority of the full authorized membership of a municipal
agency.
The management program which employs the most efficient use
of available technology and natural, human and economic resources.
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 7-28-1997 by Ord. No. 17-1997]
Any recreational facility which is not a low-intensive recreational
facility, including but not limited to golf courses, marinas, amusement
parks, hotels and motels.
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment, other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Amended 7-28-1997 by Ord. No. 17-1997]
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.
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
The dredging, digging, extraction, mining or quarrying of
sand, gravel, clay or ilmenite for commercial purposes, not including,
however, private or agricultural extraction and use of extracted material
by a landowner.
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 11-28-2011 by Ord. No. 14-2011]
Any establishment, however designed, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public or community swimming pool, playground, playfield
or park operated solely by the agency or group operating the recreational
facility and for the convenience of patrons of the facility shall
not be deemed to be a restaurant. Restaurant does not include take-out
or drive-in establishments which permit the consumption of food within
motor vehicles.
A subdivision that includes:
The further subdivision or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law.
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law.
It does not include conveyances so as to combine existing lots
by deed or other instrument.
The boundary lines of land used or intended for use as streets
and from which required setbacks or front yard and lot depths shall
be measured. Where existing records are vague or show a lesser dimension,
they shall be considered to be not less than 50 feet apart, or 25
feet from the street center line.
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 11-28-2011 by Ord. No. 14-2011]
The Zoning Schedule of District Regulations made a part of
the Zoning Regulations of the Township of Buena Vista by said regulations.[11]
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
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 11-28-2011 by Ord. No. 14-2011]
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 11-28-2011 by Ord. No. 14-2011]
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 any 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 municipality
or any fraternal, religious or civic organization; merchandise, pictures
or models of products or service incorporated in a window display;
works of art which in no way identify a product; or scoreboards located
on athletic fields.
Any development plan of one or more lots which does not meet
the definition of minor site plan.
[Added 10-13-1998 by Ord. No. 18-1998[12]]
A development plan of one or more lots which:
[Added 10-13-1998 by Ord. No. 18-1998]
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.
Does not require disturbance of more than 10,000 square feet
of land area.
Does not involve planned development.
Does not involve any new street or extension of any off-tract improvement which is to be prorated pursuant to § 115-33 of this chapter.
Does not include off-street parking for more than 15 vehicles.
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.
Does not include commercial or industrial development on more
than three acres.
A facility at which solid waste is transferred from collection
vehicles to haulage vehicles for transport to a landfill, incinerator,
recycling or other disposal facility approved by law.[13]
Standards that are:
Adopted by ordinance pursuant to N.J.S.A. 40:55D-65d regulating
noise levels, glare, earthborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects and conditions and such other similar matters
as may be reasonably required by the municipality; or
Environmental protective regulations established by applicable
federal or state laws or other municipal ordinances.[14]
Any covered area with a clear headroom of six feet six inches
or more, whether finished or not, except a basement.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing state, county or municipal roadway.
Is shown upon a plat heretofore approved pursuant to law.
Is approved by official action as provided by N.J.S.A. 40:55D-1
et seq.
Is shown on a plat duly filed and recorded in the office of
the County Clerk prior to the appointment of a planning board and
the granting of such board the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configuration of the roof or exterior walls.
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 the land.
The division of a parcel of land into two or more lots, tracts,
parcels or other divisions of land. The following shall not be considered
subdivisions within the meaning of this definition, if no development
occurs or is proposed in connection therewith:
The term "subdivision" shall also include the term "resubdivision."
A Committee of at least three Planning Board members appointed
by the Chairman of the Planning Board for the purpose of classifying
subdivisions in accordance with the provisions of development regulations
and such other duties related to land subdivision which may be conferred
on this Committee by the Planning Board.
An artificially constructed water enclosure or any lake or
pond maintained by a property owner for bathing or swimming activities
for resident family members or guests, located on a lot as an accessory
use to a residential unit or units.
A publicly or privately owned water enclosure, open to the
public on an annual-membership basis for bathing and swimming activities
and providing dressing rooms, off-street parking and other appropriate
accessories and facilities.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 11-28-2011 by Ord. No. 14-2011]
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, with or without its own motor power, designed
and constructed for travel and recreational purposes to be installed
on a nonpermanent foundation if installation is required.
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, 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 7-28-1997 by Ord. No. 17-1997]
Permission to depart from the literal requirements of the
Buena Vista Township development regulations pursuant to N.J.S.A.
40:55D-1 et seq.
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. "Wetlands" include lands with poorly drained soils
as designated by the National Cooperative Soils Survey of the Soil
Conservation Service of the United States Department of Agriculture.
Wetlands include coastal wetlands and inland wetlands, including submerged
lands.
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 11-28-2011 by Ord. No. 14-2011]
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, Elktown, Keansbury, Leon, Muck, Othello, Pocomoke, St.
Johns, Freshwater Marsh and Tidal Marsh Soil Types.
An open space on the same lot with a principal building,
unobstructed by building or structures from the ground surface to
the sky, except as otherwise provided in the Buena Vista Township
development regulations.
A yard extending across the entire width of the lot between
the street right-of-way line and a parallel line across the lot at
which the front of a principal building may be located. The setback
line shall be synonymous with the rearmost limit of the required front
yard area.
A yard extending across the whole width of the lot lying
between the rear line of the lot and the nearest line at which any
principal building may be located on the lot. The depth of the yard
shall be measured at right angles to the rear line of the lot, or
if the lot is not rectangular, then in the general direction of its
side lot lines and midway between them.
A yard extending along the side lot line from the front yard
to the rear yard, or in case of through lots fronting on two streets,
between the front yard lines. Width of a required side yard shall
be measured in such a manner that the yard established is a strip
of the minimum width required by district regulations with its inner
edge parallel to the side lot line.
The term "development permit" shall include the term "zoning
permit."
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25c,
exercise all the powers of the Board of Adjustment.
[2]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
[3]
Editor's Note: The former definition of "cannabis business
or establishment," added 12-27-2022 by Ord. No. 123-2022, which immediately
followed, was repealed 10-23-2023 by Ord. No. 136-2023.
[4]
Editor's Note: The former Buena Vista Zoning Ordinance, which
constituted former Ch. 98, was superseded by this chapter.
[5]
Editor's Note: The former definition of "Forestry Management
Plan," which immediately followed this definition, was repealed 7-28-1997
by Ord. No. 17-1997.
[6]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[7]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
[8]
Editor's Note: The former Zoning Ordinance, which constituted
former Ch. 98, was superseded by this chapter.
[9]
Editor's Note: The former Zoning Ordinance, which constituted
former Ch. 98, was superseded by this chapter.
[10]
Editor's Note: The former Zoning Ordinance, which constituted
former Ch. 98, was superseded by this chapter.
[11]
Editor's Note: The former Zoning Regulations, which constituted former Ch. 98, were superseded by this chapter. See now § 115-77, Schedule of District Requirements.
[12]
Editor's Note: This ordinance also provided for the repeal
of the former definition of "site plan."
[13]
Editor's Note: The former definition of "specimen tree," which
immediately followed this definition, was repealed 7-28-1997 by Ord.
No. 17-1997.
[14]
Editor's Note: The former definition of "standard subsurface
sewage disposal system," which immediately followed this definition,
was repealed 7-28-1997 by Ord. No. 17-1997.
