Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of this chapter:
ABANDONMENT
Constitutes the discontinuance of a nonconforming use of
land or structures.
ACCESSORY USE, STRUCTURE OR BUILDING
A use, structure or building which is subordinate to and
serves a principal building or a principal use; is subordinate in
area, extent and purpose to the principal structure or principal building
or 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 is located on the same parcel
as the principal structure or principal use served, except as otherwise
expressly authorized by the provisions of the CMP and this chapter.
In the case of an accessory structure or building, it shall be detached
from the principal building.
ADMINISTRATIVE REVIEW COMMITTEE
Municipal Engineer, Construction Official, Zoning Official,
Public Works Manager, Public Safety Officer, and, in the case of subdivisions,
Tax Assessor.
ADVERSE EFFECTS
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on surrounding properties, including, but not limited to,
inadequate drainage facilities, inadequate public utilities, unsuitable
street grades, street locations that fail to compose a convenient
system, and failure to provide or make future allowance for access
to the interior portion of adjoining lots or for other facilities
required herein.
AGRICULTURAL ANIMALS
Horses, cattle, sheep, goats, chickens, turkeys, geese, ducks,
swine and other animals, which may or may not be pets, housed in a
barn, coop, pen, or other suitable shelter for such animals.
[Amended 9-12-2018 by Ord. No. 2018-23]
AGRICULTURAL COMMERCIAL ESTABLISHMENTS
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 an agricultural/horticultural use; however, it does not include
supermarkets, convenience stores, restaurants and other establishments
that coincidentally sell agricultural products, nor does it include
agricultural production facilities such as a farm itself, nor facilities
that are solely processing facilities.
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings, for the seasonal use of employees
of an agricultural or horticultural use, which because of their character
or location are not to be used for permanent housekeeping units and
which are otherwise accessory to a principal use of the lot for agriculture.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
A.
PRINCIPAL USESAny production of plants or animals useful to man, including, but not limited to: forage or sod crops; grains and feed crops; dairy animals and dairy productions; 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 payment or other compensation pursuant to a soil conservation program under an agency of the federal government.
B.
ACCESSORY USESAny structure, excluding residential dwellings, used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products.
ALTERATIONS or ADDITIONS (STRUCTURAL)
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.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater,
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Amended 6-13-2018 by Ord. No. 2018-13]
ALTERNATIVE TREATMENT CENTER
An organization issued a permit pursuant to the "Jake Honig
Compassionate Use Medical Cannabis Act," P.L. 2009, c.307 (N.J.S.A.
2461-1 et al.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to section
7 of that act (N.J.S.A. 24:61-7) to concurrently hold a medical cannabis
cultivator permit, a medical cabis dispensary permit, as set forth
by N.J.S.A. 24:61-33.
[Added 10-13-2021 by Ord.
No. 2021-17]
AMENDMENT
A means for making changes to this chapter as expressly authorized
by law or any change to the Master Plan.
ANCILLARY
A structure or use which:
A.
Is located on the same parcel but is not necessarily related
to a principal structure or use; and
B.
Is subordinate in area, extent and purpose to the principal
structure or principal building.
APPLICATION FOR DEVELOPMENT
Any application filed with any permitting agency for any approval, authorization or permit that is prerequisite to initiating development in the Pinelands Area, except as provided in §
176-14A
APPROVING AUTHORITY OR AGENCY
Approval board, body or other authority within the Township
with authority to approve or disapprove subdivisions, site plans,
construction permits, zoning permits, or other applications for development
approval.
APPROVAL, FINAL
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans, and other requirements have been completed or fulfilled and
the required improvements have been installed, or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
APPROVAL, PRELIMINARY
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 9-12-2012 by Ord. No. 2012-15]
AUTO BODY REPAIR SHOP
Any parcel of land with a building used for the purposes
of automobile body and chassis repair, restoration, and painting.
AUTOMOTIVE REPAIR CENTER
Any parcel of land with a building used for major automobile
repair. Such work includes but is not limited to engine, transmission,
brake, and exhaust system repair. Automotive repair centers do not
include automotive body and painting services.
AUTOMOTIVE SERVICE STATION
Any building, land area, or other premises, or portion thereof,
used or intended to be used for the retail sale of vehicular fuels
and automotive accessories, and providing, as an accessory use, minor
automotive services such as oil change, lubrication, tune-up, and
tire and battery sales and installation.
BARN
A building used for housing, storage or preparation for marketing
of plants or animals, provided that a barn is permitted only where
the use of the plants or animals to be housed, stored or prepared
for marketing is an otherwise permitted use according to the provisions
of this chapter.
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 9-12-2012 by Ord. No. 2012-15]
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 9-12-2012 by Ord. No. 2012-15]
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof
and used for sheltering or protection of persons, animals, chattel,
or property of any kind.
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. Structures other than buildings, such as antennae,
are measured similarly from the ground, but extend to the highest
point of the structure.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the
site on which it is situated. In a residential district any dwelling
shall be the principal building of the lot on which it is located.
CAMPER/TRAILER
A portable structure, which is self-propelled or mounted
on or towed by a noncommercial vehicle, and which is designated and
used as shelter for travel, recreation, vacation or other short-term
uses.
CAMPSITE
A place used or suitable for camping on which a temporary
shelter such as a tent or camper/trailer may be placed and occupied
on a temporary and seasonal basis.
CANNABIS
This term shall have the meaning as set forth in N.J.S.A.
24:61-33.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS CONSUMPTION AREA
A designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, subject to the limitations
set forth under section 28 of P.L. 2019, c.153 (N.J.S.A. 24:6I-21),
at which cannabis items or medical cannabis either obtained from the
retailer or permit holder, or brought by a person to the consumption
area, may be consumed.
[Added 10-13-2021 by Ord.
No. 2021-17]
CANNABIS CULTIVATOR
A person or entity holding a Class 1 cannabis cultivator
license pursuant to N.J.S.A. 24:61-31 et seq. and any regulations
duly adopted by the Cannabis Regulatory Commission. Class 1 licensee's
primary business is the growth, cultivation, or production of Cannabis,
including the sale and transport of such cannabis to other cannabis
cultivators, or usable cannabis to cannabis manufacturers, cannabis
wholesalers or cannabis retailers, but not to consumers.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS DELIVERY SERVICE
A person or entity holding a Class 6 cannabis delivery license,
pursuant to N.J.S.A. 24:61-31 et seq. and regulations duly adopted
by the Cannabis Regulatory Commission. Class 6 licensee's primary
business is the provision of courier services for consumer purchases
of cannabis items and related supplies fulfilled by a cannabis retailer
in order to make deliveries of the cannabis items and related supplies
to that consumer, and which services include the ability of a consumer
to purchase the cannabis items directly through the cannabis delivery
service, which after presenting the purchase order to the cannabis
retailer for fulfillment, is delivered to that consumer. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS DISTRIBUTION FACILITY
A facility or other place of business operated by a cannabis
distributor or cannabis delivery service in providing services as
a Class 4 or Class 6 licensee pursuant to license under N.J.S.A. 24:61-31
et seq. and any regulations adopted by the Cannabis Regulatory Commission,
where such person or entity lawfully engages in the bulk distribution
or consumer delivery of cannabis, usable cannabis or cannabis products.
.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS DISTRIBUTOR
A person or entity holding a Class 4 Cannabis Distributor
license pursuant to N.J.S.A. 24:61-31 et seq. and any regulations
duly adopted by the Cannabis Regulatory Commission. Class 4 licensees'
primary business is the transportation of cannabis in bulk intrastate
from one licensed cannabis cultivator to another licensed cannabis
cultivator or transporting cannabis item in bulk intrastate from any
one class of licensed cannabis establishment to another class of licensed
cannabis establishment. Class 4 cannabis distributor's may also
engage in the temporary storage of cannabis or cannabis items as necessary
to carry out transportation activities. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS ESTABLISHMENT
A business constituting a cannabis cultivator, cannabis manufacturer,
cannabis wholesaler or a cannabis retailer pursuant to N.J.S.A. 24:61-31
et seq. and any regulations duly adopted by the Cannabis Regulatory
Commission. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS MANUFACTURER
A person or entity holding a Class 2 cannabis manufacturer
license pursuant to N.J.S.A. 24:61-31 et seq. and any regulations
duly adopted by the Cannabis Regulatory Commission. Class 2 licensees'
primary business is processing cannabis items in this state by purchasing
or otherwise obtaining usable cannabis, manufacturing, preparing,
and packaging cannabis items, and selling, and optionally transporting,
these items to other cannabis manufacturers cannabis wholesaler or
cannabis retailers, but not to consumers. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS RETAILER
A person or entity holding a Class 5 cannabis retailer license
pursuant to N.J.S.A. 24:61-31 et seq. and any regulations duly adopted
by the Cannabis Regulatory Commission. Class 5 licensees' primary
business is purchasing or otherwise obtaining usable cannabis from
cannabis cultivators and cannabis items from cannabis manufacturers
or cannabis wholesalers, and reselling these to consumers either through
a retail store or use of a cannabis delivery service or a certified
cannabis handler for the off-premises delivery of cannabis items and
related supplies to consumers.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS TESTING FACILITY
An independent, third-party entity meeting accreditation
requirement established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CANNABIS WHOLESALER
A person or entity holding a Class 3 cannabis wholesaler
license pursuant to N.J.S.A. 24:61-31 et seq. and any regulations
duly adopted by the Cannabis Regulatory Commission. Class 3 licensees'
primary business emails the purchase or otherwise obtaining, storing,
selling and otherwise transferring, and may transport, cannabis items
for the purpose of resale or other transfer to either another cannabis
wholesaler or to a cannabis retailer, but not to consumers. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CELLAR
A story having more than 1/2 of its floor-to-ceiling height
below average finished grade of the adjoining ground within 20 feet
of the structure. No cellar or part thereof shall be used as a separate
dwelling unit or as part of the minimum required floor area for a
residence.
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.
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 9-12-2012 by Ord. No. 2012-15]
COLLECTION FACILITY
A facility where source-separated or commingled waste is
dropped off in a container and temporarily stored before transportation
to another waste management facility.
COMMISSION
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act, as latest revised.
COMMON OPEN SPACE
An 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.
COMPOSTING FACILITY
A waste management facility that utilizes a controlled biological
process of degrading nonhazardous solid waste or sewage sludge. For
purposes of this definition, composting facility shall include co-composting
facility that utilizes a controlled biological process of degrading
mixtures of nonhazardous solid waste, including sewage sludge.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (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 hostels. Such a residence shall not be considered
a health care facility, within the meaning of the "Health Care Facilities
Planning Act," P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the
case of a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliate 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. "Developmentally disabled person" means
a person who is developmentally disabled as defined in Section 2 of
P.L. 1977, c. 488 (N.J.S.A. 30:11B-2). "Mentally ill person" means
a person who is afflicted with a mental illness as defined in N.J.S.A.
30:4-27.2, but shall not include a person who has been committed after
having been found guilty of a criminal offense by reason of insanity
or having been found unfit to be tried on a criminal charge.
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 P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), 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.
COMMENCEMENT OF CONSTRUCTION
Actual construction on a parcel of land in accordance with
a permit issued by the applicable jurisdiction if the cost of the
physical improvements completed constitutes at least 25% of the projected
total cost of the development or the completion of all required foundations,
of a form and character such that the foundations are not usable for
any other form of development except that authorized by the issued
permit.
COMMERCIAL VEHICLE
Vehicles registered with the State of New Jersey, or other
states, as commercial vehicles displaying commercial license plates.
Passenger cars, mini/conversion vans, pickup trucks with a load capacity
of no more than one ton (2,000 pounds), and station wagons displaying
commercial plates are not considered "commercial vehicles" for the
purpose of this chapter.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with this
chapter. The Planning Board shall review applications for conditional
use and approve by resolution before the use shall be established.
CONSTRUCTION
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings or structures.
CONSTRUCTION DEBRIS
Nonhazardous solid waste building material and refuse resulting
from construction, remodeling, and repair operations on residences,
commercial buildings, pavements and other structures.
CONSTRUCTION OFFICIAL
An individual designated by the Township of Waterford and
duly licensed by the New Jersey State Department of Community Affairs
to serve as the "Construction Official."
CONTIGUOUS LANDS
Land 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 that are not paved, rights-of-ways
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.
CONSUMER (CANNABIS)
Any person legally qualified to purchase recreational cannabis
pursuant to N.J.S.A. 24:61-31 et seq. As of the date of adoption of
this ordinance, New Jersey law requires a consumer as defined herein be
at least 21 years of age or older and that such purchases of recreational
Cannabis are for personal use, not for resale to others. Any future
restriction or other modification concerning the qualifications applicable
to cannabis consumers by the State of New Jersey shall constitute
a parallel restriction or modification of the qualifications to purchase
or possess legalized cannabis within the Township.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
CONSUMPTION
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
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 9-12-2012 by Ord. No. 2012-15]
CORRAL
A pen or fence enclosure of durable construction, permanently
affixed to the ground and used as an enclosure for horses.
[Added 9-12-2018 by Ord.
No. 2018-23]
COUNTY MASTER PLAN
A composite of the master plan for the physical development
of a New Jersey 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 or their successor statutes.
COUNTY PLANNING BOARD
The governing authority responsible for county planning and
organized pursuant to N.J.S.A. 40:27-6.1 and defined therein.
DAY
A calendar day. Should the last day of a specified time limit
be a Saturday, Sunday, or holiday, said limit shall extend to the
next working day.
DAY CARE
A licensed, principal use for providing custodial care of
persons, for a period not to exceed 18 hours within a single day,
in return for payment of tuition, fees, or other compensation. Day
care may include care of either children or adults who are unable
to care for themselves because of diminished capabilities.
DEDICATION
Appropriation of land to some public use made by the owner
and accepted for such use by or on behalf of the public.
DELIVERY (CANNABIS)
The transportation of cannabis items and related supplies
to a consumer. "Delivery" also includes the use by a licensed cannabis
retailer of any third party technology platform to receive process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of a licensed cannabis retailer,
which includes a certified cannabis handler employed or otherwise
working on behalf of a cannabis delivery service making off-premises
deliveries of consumer purchases fulfilled by that cannabis retailer.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DEVELOPABLE LAND AREA
That portion of a tract of land that is suitable for development
or construction of a building. The developable land area of a tract
excludes the area of floodplains, wetlands, wetland buffer areas,
open water areas, slopes in excess of 20% and the rights-of-way of
existing and proposed public streets.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a development, including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
DEVELOPMENT
The creation, change or enlargement of any use or disturbance
of land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including, but not limited
to:
A.
A change in type of use of a structure or land;
B.
A reconstruction, alteration of the size, or significant change
in the external appearance of a structure;
C.
A material increase in the intensity of use of land, including,
but not limited to, an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land;
D.
Commencement of forestry activities, resource extraction, drilling,
or excavation on a parcel of land;
E.
Demolition of a structure or removal of trees;
F.
Deposit of refuse, solid or liquid wastes or fill on a parcel
of land;
G.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
H.
Alteration, either physically or chemically of a shore, bank
or floodplain, seacoast, river, stream, lake pond, wetlands or artificial
body of water:
DEVELOPMENT APPROVAL
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance
of a construction permit, subdivision or site plan approval.
DEVELOPMENT, MAJOR
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
DISKING
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 9-12-2012 by Ord. No. 2012-15]
DISTRICT
Any portion of Waterford Township that certain uniform regulations
and requirements or various combinations thereof apply under the provisions
of this chapter.
DOMESTIC ANIMAL
Dogs, cats, hamsters, rabbits, small birds, and other animals
commonly considered pets housed in the owner's residence or appropriate
kennel, cage, hutch, or pen in the yard area. The term "domestic animal"
shall not include those typically found in zoos or farm animals.
DOMESTIC TREATMENT WORKS
A public or privately owned treatment works that processes
primarily domestic wastewater and pollutants.
DOMESTIC WASTEWATER
Wastewater which results from the discharge of household,
commercial, or other wastes from bathrooms, toilet facilities, home
laundries and kitchens.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
DRAINAGE OR UTILITY COVENANT
A signed, written agreement by a property owner which states
that responsibility for maintaining a drainage easement will remain
with the landowner and pass to any successive owner.
DRAINAGE OR UTILITY EASEMENT
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures
or plant any vegetation that will impede access.
DRAINAGE RIGHT-OF-WAY
Lands required for the installation of stormwater sewers or drainage ditches, or 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 according to Chapter
1 of Title 58 of the Revised Statutes.
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 9-12-2012 by Ord. No. 2012-15]
DWELLING
Any building or portion thereof designed or used primarily
as the residence or sleeping place of one or more persons. A "dwelling"
is not a mobile home, hotel, motel, hospital, nursing home, dormitory,
fraternity or sorority house, rooming house, boarding house or similar
structure under the terms of this chapter.
B.
DUPLEXA single structure designed with two distinct dwelling units situated on a single lot with yard areas on four sides.
C.
TWINA structure designed with two distinct dwelling units, separated by an approved party wall, which shall be constructed on a common lot line.
D.
MULTIPLEThree or more dwelling units in a single structure.
E.
TOWNHOUSEA structure containing multiple dwelling units separated by approved party walls, constructed along common lot lines or on a single lot.
F.
IN-LAW SUITEOne or more rooms designed as an integral part of a dwelling unit that shall not have separate utilities, full cooking facilities, or separate entrances and exits other than those required by law for fire safety.
DWELLING UNIT
One or more rooms, including full cooking and sanitary facilities,
in a structure, designed as a unit for occupancy by not more than
one family for living and sleeping purposes.
EDUCATIONAL USE
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered "educational uses" or accessories
to such uses.
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.
ENLARGEMENT (EXPANSION)
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in intensity of use 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.
ESCROW
A deed, bond, money, or piece of property delivered to a
third person, to be delivered by him to the grantee only upon fulfillment
of a condition.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal or other governmental agencies or for
the public health or safety or general welfare. Essential services
shall include firehouses, first aid and emergency aid squads and community
antenna television whether provided by a municipal or nonprofit agency.
FAIR MARKET VALUE
The value of a parcel based on what a willing buyer will
pay a willing seller in an arm's length transaction for the parcel
if no waiver of strict compliance is approved by the Pinelands Commission.
For undersized lots, the determination of fair market value shall
include consideration of the extent to which the parcel would contribute
to the value of a developable parcel if combined with one or more
parcels.
FAMILY
Two or more persons related by blood, marriage, adoption
or guardianship, or any number of persons not so related occupying
a dwelling unit and living as a single housekeeping unit.
FEDERAL ACT
Section 502 of the National Parks and Recreation Act of 1978
(P.L. 95-625).
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or any other manufactured material or combination of
materials.
FINAL PLAT
The final map of all or part of the subdivision presented
to the Planning Board for final approval according to these regulations
that, if approved, shall be filed with the proper county recording
officer.
FIRST ORDER STREAM
That portion of a stream, as identifiable on the USGS 7 1/2
foot quadrangle maps, from the point of upstream origin, downstream
to the first portion of intersection with another branch, stream or
tributary.
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.
FLOODPLAIN
The relatively flat area adjoining the channel of a natural
stream, which has been or may be hereafter covered by floodwater.
Mapping of these areas may be available from state or county agencies.
FLOOR AREA
The sum of the gross horizontal area of each story of a building,
measured from the surface of exterior walls, or from the center line
of a wall separating two buildings. "Floor area" shall not include
cellar space and any floor space where the average floor-to-ceiling
height is less than seven feet.
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 9-12-2012 by Ord. No. 2012-15]
A.
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
B.
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
C.
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
D.
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
E.
Removal or planting of trees for the personal use of the parcel
owner; and
F.
Removal of trees for public safety.
FORESTRY MANAGEMENT PLAN
A plan detailing forestry management programs according to
provisions of the N.J.A.C. 7:50-4.2(b)6ii.
FOREST STAND
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 9-12-2012 by Ord. No. 2012-15]
FRONTAGE
The portion of a lot that abuts one street. Frontage shall
be measured as an uninterrupted distance along one abutting street
line.
GARAGE, PRIVATE
A detached or attached structure used mainly for the storage
of vehicles or household items, owned or rented by the occupant of
the principal structures or by his/her family, with a minimum size
of 240 square feet.
[Amended 2-8-2017 by Ord.
No. 2017-2]
GARAGE, PUBLIC
Any garage other than a private garage that is open to the
public and used for the storage of motor vehicles.
GARDEN/UTILITY SHED
A simple detached roofed structure, typically made of wood
or metal, used as a storage space for lawn or garden equipment, a
shelter for animals or a workshop with a minimum square footage of
80 square feet and a maximum of 239 square feet.
[Added 2-8-2017 by Ord.
No. 2017-2]
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 9-12-2012 by Ord. No. 2012-15]
HABITAT
The natural environment of an individual animal or plant,
population, or community.
HAZARDOUS OR TOXIC SUBSTANCES
Such elements, compounds and substances that pose a present
or potential threat to human health, living organisms or the environment.
They consist of all hazardous or toxic substances defined as such
by the NJDEP and the EPA as of and after May 20, 1996.
HAZARDOUS WASTE
Any waste or combination of wastes, including toxic, carcinogenic,
corrosive, irritating, sensitizing, radioactive, biologically infectious,
explosive or flammable waste, which poses a present or potential threat
to human health, living organism or the environment. They consist
of all hazardous wastes defined as such by the NJDEP and the EPA as
of and after May 20, 1996.
HISTORIC DISTRICT
An area designated by the Commission pursuant to N.J.A.C.
7:50-6.154 as having such historic, cultural or archaeological significance
as to merit special protection.
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.
HOME BASED DAY CARE
An accessory use provided in a private residence approved
by the New Jersey Division of Youth and Family Services or an organization
that the division contracts for family day care in which child-care
services are regularly provided to no less than three nor more than
five children, for no less than 15 hours per week nor more than 18
hours within a single day. The limitation on the number of children
for whom day-care service can be provided shall not include children
who are legally related to the service provider or children who are
being cared for as a part of a cooperative agreement between parents
for the care of their children by one or more parents when no payment
for the care is being provided.
HOME OCCUPATION
An activity for economic gain, carried out in a residential
dwelling or accessory structure thereto, in which an occupant of the
residence and no more than one additional individual is employed,
which activity is clearly secondary to the use of the residence as
a dwelling, and meets the requirements specified in this chapter.
Home occupations are permitted subject to certain special conditions
and requirements.
HORSE
Includes horses, ponies or other such equine quadrupeds as
mules, asses and donkeys.
[Added 9-12-2018 by Ord.
No. 2018-23]
HOTELS and MOTELS
A building or group of buildings consisting of individual
sleeping units, designed for transient travelers and not for permanent
residency, except that up to 3% of the total units may be provided
for the sole use of resident employees.
HOUSEHOLD HAZARDOUS WASTE
Any hazardous waste material derived from households, including
single-family and multifamily residences, hotels and motels, bunkhouses,
farm labor housing, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas.
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
HYDROPHYTES
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water contact.
IMMEDIATE FAMILY
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 6-13-2018 by Ord. No. 2018-13]
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.
[Added 9-12-2012 by Ord. No. 2012-15]
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.
[Amended 9-12-2012 by Ord. No. 2012-15]
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 9-12-2012 by Ord. No. 2012-15]
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;
law enforcement facilities; military facilities; and other similar
facilities. For purposes of this chapter, institutional use shall
not include medical offices that are not associated with hospitals
or other medical or health service facilities, nor shall it include
assisted living facilities.
INTERESTED PERSON
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter, or whose
right to use, acquire or enjoy property under this chapter or under
any other law of this state or of the United States has been denied,
violated or infringed upon 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 CMP took effect on
January 14, 1981. These regulations were formerly codified as N.J.A.C.
7:1G-1 et seq.
JUNK
Any waste iron or other metal or substance, white goods,
bicycle parts, glass, paper, plastic, used lumber, rags, machinery,
machines, machine parts, accessories, unregistered motor vehicles
which are unfit for reconditioning, used parts of motor vehicles and
any material commonly known and generally referred to as "junk" in
the ordinary and accepted meaning of the word.
JUNKYARD or SALVAGE YARD
Any area of land, with or without buildings, devoted to the
storage, keeping or abandonment of junk or debris, whether or not
it is in connection with the dismantling, processing, salvage, sale
or other use or disposition thereof or of any material whatsoever.
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
A site where any waste is disposed of by application on or
into the land, with or without the use of management practices or
soil covering. It does not include a site where land application of
waste or waste derived material occurs in accordance with N.J.A.C.
7:50-6.79.
LANDOWNER
The legal or beneficial owner or owners of all land proposed
to be included in a planned development. The holder of an option or
contract to purchase, a lessee having a remaining term of not less
than 20 years, or other person having an enforceable proprietary interest
in such land shall be a "landowner" for the purposes of this chapter.
LANDSCAPING
The installation of plant material or seed as a part of development.
LAWFUL USE
A use of land, building or structure, or portion thereof,
that is permitted under all relevant local, state and federal land
use, nuisance and environmental statutes.
LEACHATE COLLECTOR
For the purpose of this chapter, shall mean attributed to
the phrase by, and each such "leachate collector" shall conform to
the requirements of the New Jersey Solid Waste Administration.
LIMITED-ACCESS HIGHWAY
A highway designed in such manner that it provides no direct
access to properties abutting its right-of-way and all highways designated
as limited-access highways designated by the Planning Board in the
Master Plan.
LIVING AREA
The area within the wall exteriors above the main grade level,
but excluding cellars, attics, garages or porches.
LOADING SPACE
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
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.
LOCAL PERMITTING AGENCY
Any county or municipal official, department, agency or other
body authorized to rule on any application for development.
LOT
A designated parcel, tract or area of land established by
a plat, or otherwise as permitted by law, and to be used, developed,
or built upon as a unit having frontage on a public street.
A.
AREAThe computed area contained within the lot lines.
B.
CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street, forming an interior angle of less than 135°. The point of intersection of the street lot line is the corner.
C.
DEPTHThe mean distance between the front and rear lot lines.
E.
LINESThe property lines bounding the lot.
(1)
FRONTThe dividing line between the lot and a street.
(2)
REARThe lot line opposite and most distant from the front lot line.
(3)
SIDEAny lot line other than a front or rear lot line.
F.
WIDTHThe distance between the two side lot lines measured at the required setback line.
MAINTENANCE GUARANTEE
Any security which is deemed acceptable by a municipality
for the maintenance of any improvements required by the MLUL, including,
but not limited to, surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.3, and cash.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the municipality, duly adopted by the
Planning Board and pursuant to N.J.S.A. 40:55D-28.
MEDICAL CANNABIS
Cannabis dispensed to registered qualifying patients pursuant
to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009,
c.307 (N.J.S.A. 24:61-1 et al.) and P.L. 2015, c.158 (N.J.S.A. 18A:40-12.22
et al.). "Medical cannabis" does not include any cannabis or cannabis
item which is cultivated, produced, processed, and consumed in accordance
with P.L. 2021, c.16 (N.J.S.A. 24:61-31 et al.).
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
MICROBUSINESS (CANNABIS)
A licensed cannabis business with a smaller footprint than
a standard cannabis business with respect to its business operations,
capacity and quantity of product and as defined in N.J.S.A. 24:61-33
and operated in accordance with N.J.A.C. 17:30-6.7.
[Added 10-13-2021 by Ord.
No. 2021-17]
MINOR SUBDIVISION
Any subdivision containing not more than four lots fronting
on an existing minor street, not involving any new street or road
or the extension of municipal facilities and not adversely affecting
the development of the remainder of the parcel or adjoining property
and not in conflict with any provision or portion of the Master Plan,
Official Map, or this chapter.
MOBILE OR MODULAR HOME
A dwelling unit manufactured in one or more sections, that
may have axles and wheels, designated for long-term occupancy and
which can be transported, after fabrication, to a site where it is
to be occupied.
MUNICIPAL AUTHORITY
The governing body of a municipality or the Planning Board
created by a municipality in accordance with the state enabling statute,
which shall administer any ordinance pursuant to this statute.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 9-12-2012 by Ord. No. 2012-15]
NONCONFORMING LOT
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of a land use and development
ordinance, but that fails to conform to the present requirements of
the zoning district by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
a land use, development and zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use occupying a lot, building or structure, legally existing
and/or used at the time of adoption of a land use and development
ordinance, or any amendment thereto, which does not conform to the
use regulations of the zone in which it is located.
NURSERY SCHOOL
A school designed to provide daytime care or instruction
for two or more children from two to six years of age inclusive, and
operated on a regular basis.
NURSING HOME
Any premises meeting the standards of the New Jersey Department
of Human Services to operate as a nursing home.
OFFICE, CORPORATE
A building, of more than 10,000 square feet with at least
50% of its occupancy by a single corporation or firm, serving as a
regional or national center.
OFFICIAL MAP
A map adopted in accordance with the MLUL, or any prior act,
authorizing such adoption. Such a map shall be deemed to be conclusive
with respect to the location and width of the streets, public parks
and playgrounds and drainage rights-of-way shown thereon.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment, provided such areas may be improved with only those
buildings, structures, streets and off-street parking and other improvements
that are designed to be incidental to the natural openness of the
land.
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.
PARKING AREA, COMMERCIAL
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public, whether
for a fee, free, or as an accommodation for clients or customers.
PERFORMANCE GUARANTEE
Any security which may be accepted by the municipality, including,
but not limited to, surety bonds, irrevocable letters of credit, escrow
agreements or similar collateral, or security agreements under the
circumstances specified in N.J.S.A. 40:55D-53.5, and cash, provided
that the municipality shall not require more than 10% of the total
guarantee in cash.
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 9-12-2012 by Ord. No. 2012-15]
PERSON
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
PINELANDS
The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA
That area designated by Section 10(a) of the Pinelands Protection
Act.
PINELANDS DEVELOPMENT CREDIT
A use right allocated to certain lands within the Township
pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential
density bonus on other lands within the Township or on other designated
lands in the Pinelands Area.
PINELANDS DEVELOPMENT REVIEW BOARD
The agency responsible from February 8, 1979, until June
28, 1979, for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
PINELANDS RESOURCE-RELATED USE
Any use which is based on resources which are indigenous
to the Pinelands, including, but not limited to, forest products,
berry agricultural, and sand, gravel, clay or ilmenite.
PLANNED DEVELOPMENT
An area with a specified minimum contiguous or noncontiguous
acreage containing one or more residential developments, and one or
more institutional, commercial or industrial areas with specified
minimum contiguous or noncontiguous acreage to be developed as a single
entity according to a plan.
PLANNING BOARD
The municipal board charged with ensuring orderly development
in accordance with this chapter.
PLAT
One or more maps of subdivision or a site plan that show
the location, boundaries and ownership of individual properties.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout to the
subdivision that is submitted to the Planning Board Clerk for Planning
Board consideration and tentative approval and meeting the requirements
of this chapter.
PRELIMINARY ZONING PERMIT
A permit, issued by the Zoning Officer, which is a prerequisite
to the issuance of a construction permit or other permits or approvals
that are needed to develop a single-family dwelling on an existing
lot of record. A preliminary zoning permit shall be accepted in lieu
of a Pinelands certificate of filing.
PRESERVATION AREA
That area so designated by Section 10(b) of the Pinelands
Protection Act.
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; and interstate and regional agencies exercising
sovereign powers of government.
PUBLIC AREAS
Public parks, playgrounds and other recreational areas; other
public spaces; scenic or historic sites; school sites and sites for
other public buildings; and other areas dedicated to public use or
enjoyment.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities, developed linearly; roads,
streets and other similar services provided or maintained by any public
or private entity.
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 Pinelands Commission.
RECREATIONAL FACILITY, INTENSIVE
Any recreational facility which does not satisfy the definition
of low-intensive recreational facility including but not limited to
golf course, marinas, amusement parks, hotels and motels.
RECREATIONAL FACILITY, LOW-INTENSIVE
A facility or area that complies with the standards of N.J.A.C.
7:50-5, Part III, of the CMP, 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.
RECREATION, PRIVATE NONCOMMERCIAL
Clubs or recreation facilities operated by a nonprofit organization
and open only to bona fide members of such nonprofit organization.
RECYCLABLE MATERIAL
The following materials which would otherwise become solid
waste and which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products:
source-separated nonputrescible metal, glass, paper, plastic containers,
corrugated and other cardboard; vegetative waste; waste concrete;
asphalt; brick; block; asphalt-based roofing scrap and wood waste;
other waste resulting from construction, remodeling, repair and demolition
operations on houses, commercial buildings, pavements and other structures;
whole trees, tree trunks, tree parts, tree stumps, brush and leaves
that are not composted; scrap tires; petroleum contaminated soil that
is delivered to a nonmobile in-state asphalt plant, concrete production
plant or brick-making facility for incorporation as a raw material;
and petroleum contaminated soil that is processed at its point of
generation by mobile recycling equipment which produces asphalt, concrete
or bricks by incorporating it as a raw material in its mobile production
process.
RECYCLING CENTER
A facility designed and operated solely for receiving, storing,
processing or transferring recyclable materials, except that recycling
center shall not include a manufacturer. For purposes of this definition,
processing may include, but is not necessarily limited to, separating
by type, grade or color, crushing, grinding, shredding or baling.
Junk/salvage yards shall not be considered recycling centers for the
purpose of this chapter.
REGULATED MEDICAL WASTE
Any waste regulated pursuant to the New Jersey Comprehensive
Regulated Medical Waste Management Act, N.J.S.A. 13:1E-48.1 et seq.
RELIGIOUS USE
A church, mosque, synagogue, temple or other similar place
of worship.
REMEDIATION
A process to remove or treat a waste or hazardous or toxic
substance from soil or water but does not include any subsequent burial
or land application of contaminated soil or other solids.
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 nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.
[Added 9-12-2012 by Ord. No. 2012-15]
RESTAURANT
An establishment where food and drink is prepared, served
and consumed, primarily within the principal building. However, a
snack bar or refreshment stand at a public or community swimming pool,
playground, play field 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 a restaurant.
RESTAURANT, FAST FOOD
A commercial establishment where food and drink, prepared
for immediate consumption, are purchased at a counter and either eaten
on the premises, in the purchaser's automobile, or off the premises.
Those restaurants where a majority of prepared food is consumed only
at tables on the premises and served by waiters or waitresses at said
tables shall not be deemed "fast foot restaurants." Any restaurant
with drive-through window service shall be considered a "fast food
restaurant." "Fast food restaurants" shall not include those retail
stores where food is primarily sold for preparation and consumption
elsewhere, such as a supermarket, or stores where, as a secondary
use of the premises, prepared foods may be sold over the counter for
immediate consumption, such as a delicatessen.
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 9-12-2012 by Ord. No. 2012-15]
SATELLITE DISH ANTENNAE
Any apparatus or structure constructed or installed out of
doors with the purpose of receiving television, radio or similar waves,
but excluding, however, conventional television antennae.
SEASONAL HIGH-WATER TABLE
The level below the natural land surface to which water seasonally
rises in the soil in most years.
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 9-12-2012 by Ord. No. 2012-15]
SENIOR CITIZEN HOUSING
Specially designed housing for persons aged 62 and over providing
units within low-, and mid-rise buildings, specifically designed for
the safety and comfort of an older population.
SEWAGE SLUDGE
The solid residue and associated liquid resulting from the
physical, chemical or biological treatment of wastewater in domestic
treatment works.
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 9-12-2012 by Ord. No. 2012-15]
SHOPPING CENTER
Two or more commercial establishments in one or more structures
on 10 or more acres of land designed and operated as a coordinated,
integrated entity with respect to parking, services, signs, etc. Use
may include retail and service establishments; offices and office
structures; theaters; recreational facilities; meeting and convention
facilities; museums and cultural facilities; motels and hotels; auto
service stations where gasoline, oil and grease, batteries, tires
and automobile accessories may be supplied and dispensed directly
to the motor vehicle trade and where minor repair service is rendered;
and uses accessory to all such permitted uses.
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 organizations; merchandise, pictures
or models of products or services incorporated in a window display;
works of art which in no way identify a product; or scoreboards located
on athletic fields. Flags and banners displaying products or product
names shall be considered signs.
A.
OFF-SITE ADVERTISINGA sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere.
B.
BUSINESSA sign which directs attention to a business or profession conducted or to a commodity service or entertainment sold or offered upon the premises where the sign is located.
C.
FLASHINGAny sign of which the artificial light is not maintained constant in intensity and/or color at all times when such sign is in use.
D.
GROSS ADVERTISING AREAThe entire space within a single continuous perimeter enclosing the extreme limits of such, but in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SIGHT IMPROVEMENTS
Any improvement in connection with a development involving
streets, roads, parking facilities, sidewalks, lighting, landscaping,
drainage structures, and utilities.
SIGHT TRIANGLES
A triangular portion of land established at street intersections
and driveways in which nothing is erected, placed, planted or maintained
more than 24 inches above the street center line. The purpose of a
sight triangle is to eliminate any viewing obstruction for motorists
entering or leaving the intersection or driveway. Exceptions are street
signs, fire hydrants and light standards.
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including, but not
necessarily limited to, topography, vegetation, drainage, floodplains,
marshes, and waterways; the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, circulation, rights-of-way, easements, drainage facilities,
utility services, landscaping, structures, signs, lighting and screening
devices; and any other information that may be reasonably required
by the approving agency in order to make an informed determination
pursuant to this chapter.
A.
SITE PLAN, EXEMPTSite plan for an individual single-family, duplex or twin dwelling, or accessory buildings to agricultural and horticultural uses, unless such uses are located on an unimproved road, in a flood hazard area, or involve a home occupation. Interior building alterations that do not involve a change in use or additional parking shall also be exempt.
B.
SITE PLAN, ADMINISTRATIVESite plan requiring less than 10 parking spaces as required in this chapter, containing no more than 2,500 square feet of floor area, having no more than 30% of lot coverage and involving clearing, grading or land disturbance of an area no more than 5,000 square feet, and which does not include any new street or extension or any off-tract improvements or design waivers. If design waivers are required, the plan will be deemed a minor site plan.
C.
SITE PLAN, MINORSite plan for a development requiring more than 10 parking spaces as required in this chapter, containing no more than 5,000 square feet of floor area, having no more than 30% of lot coverage and involving the clearing, grading or land disturbance of an area no more than 10,000 square feet, and which does not include any new street or extension of any off-tract improvements.
E.
SITE PLAN AMENDMENTSThe Administrative Review Committee shall determine if proposed changes are substantial or administrative. Nonsubstantial changes may be administratively approved by the inspecting engineer. Substantial changes require Board approval.
STABLE
A building or structure built with at least three walls of
durable construction, permanently affixed to the ground and used for
boarding, sheltering or housing of horses. This definition shall specifically
exclude shipping containers or crates, truck bodies, vans or other
similar enclosures used for the housing of animals.
[Added 9-12-2018 by Ord.
No. 2018-23]
STANDARDS OF PERFORMANCE
Standards adopted by ordinance regulating noise levels, glare,
earthborn or sonic vibrations, noxious odors, toxic matter, explosive
and flammable matter, smoke matter, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other reasonable requirements as a municipal authority may provide
by ordinance.
STATE AGENCY
A state department, board, commission, division, bureau or
an agency created by the state.
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor above it or, if there is no
floor above it, then the space between the floor and the ceiling next
above it.
STORY, FIRST
The lowest story of the ground story of any building, the
floor of which is not more than 12 inches below the average finished
grade of the adjoining ground within 20 feet of the structure.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way that is an existing state, county or municipal
roadway; a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action; a street or way on a plat duly
filed and recorded in the office of the county recording officer prior
to the appointment of a Planning Board and the grant to such Board
of the power to review plats and that includes the land between the
street lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines. For the purpose of this chapter "streets" shall
be classified as follows:
B.
COLLECTOR STREETSStreets which carry traffic from minor streets to the major system of arterial streets, the principal entrance streets of a residential development and streets for circulation within such a development.
C.
MINOR STREETSStreets that are used primarily for access to the abutting properties.
D.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E.
ALLEYSMinor ways that are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STRUCTURE
A building built with at least three walls of durable construction,
permanently affixed to the ground and used for housing of animals.
This definition shall specifically exclude shipping containers or
crates, truck bodies, vans or other similar enclosures used for the
housing of animals.
[Amended 9-12-2018 by Ord. No. 2018-23]
SUBDIVISION or RESUBDIVISION
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
if no new streets are created: divisions of land found by the Planning
Board for agricultural purposes where all resulting parcels are five
acres or larger in size; divisions of property by testamentary or
intestate provisions; divisions of property upon court order, including,
but not limited to, judgments of foreclosures; consolidation of existing
lots by deed or other recorded instrument; and the conveyance of one
or more adjoining lots, tracts, or parcels of land owned by the same
person or persons, all of which are found and certified by the administrative
officer to conform to the requirements of the municipal development
rules, and are shown and designated as separate lots, tracts, or parcels
on the Tax Map of the municipality.
SUBMERGED LANDS
Those lands that are inundated with water throughout the
year.
SUITABLE SEWAGE SLUDGE
Sewage sludge in which the concentrations of any metals,
measured on a dry weight basis, do not exceed the following limits:
10 parts per million arsenic; 40 parts per million cadmium; 1,000
parts per million chromium; 1,200 parts per million copper; 4,800
parts per million lead; 10 parts per million mercury; 1,250 parts
per million nickel; and 2,400 parts per million zinc. The metal concentration
limits used to define suitable sewage sludge are identical to those
set forth in the DEP's September 1993 draft Solid Waste Management
State Plan Update for Class B sludge.
SUSTAINABLE ENERGY FACILITIES
[Added 9-12-2012 by Ord. No. 2012-13]
A.
SOLAR ENERGY SYSTEM A solar energy system, and all associated equipment, converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
B.
WIND ENERGY SYSTEM A wind energy system converts mechanical energy from the wind into electrical power. This term includes the base, blades, foundation, nacelle, rotor, tower, transformer, vane, wire inverter, batteries, and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
C.
SMALL WIND ENERGY SYSTEM A wind energy system, as defined herein, is used to generate electricity, and has a nameplate capacity of 100 kilowatts or less.
THINNING
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 9-12-2012 by Ord. No. 2012-15]
TRANSFER STATION OR FACILITY
A facility at which waste is transferred from one waste vehicle
to another waste vehicle for transportation to a waste management
facility.
TUTORING
The teaching or instruction of academic, business or artistic
subjects to not more than four students simultaneously.
UTILITY DISTRIBUTION LINES
Lines, conduits, pipes or cables 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.
VEGETATION
Any plant material, including grasses, shrubs and trees.
VEGETATIVE WASTE
Leaves, grass clippings, twigs, shrubbery and residue from
the raising of plants, such as stalks, hulls and leaves. It includes
vegetative processing wastes that do not contain nonvegetative additives
and whole trees, branches, tree trunks and stumps processed through
a wood chipper.
WASTE
Any hazardous waste, regulated medical waste, garbage, refuse,
septage sludge, discarded materials and other by-products and substances
which become unsuitable for their original purpose, resulting from
industrial, commercial and agricultural operations and from domestic
and community activities. They shall include solid and liquid waste
materials. For the purposes of this definition, liquids which are
released from a sewage treatment plant or on-site septic wastewater
treatment system and solid animal and vegetable wastes collected by
swine producers licensed by the New Jersey Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farms
shall not be considered waste.
WASTE-DERIVED MATERIAL
A waste, which has been separated, collected or processed
such that it is converted into an economically valuable raw material
or product which is not hazardous.
WASTE MANAGEMENT FACILITY
Any property, site, system, equipment or structure which
is utilized for the storage, collection, processing, transfer, transportation,
separation, recycling, reclamation, recovery, reuse or disposal of
waste. It includes, but is not necessarily limited to, landfills,
composting facilities, recycling facilities and centers, incinerators,
materials recovery facilities, reclamation facilities, resource recovery
facilities, waste reuse facilities and transfer facilities.
WASTEWATER COLLECTION FACILITY
Any part of a system used to carry wastewater and includes
laterals, mains, trunks, interceptors and other similar facilities.
WETLANDS, IMPAIRED
Any wetland that meets each of the following three tests:
A.
The wetland meets at least one of the following two criteria:
(1)
The entire wetland is less than one acre; or
(2)
The overall wetland area is larger than one acre but the portion
of the wetland that is to be directly impacted is less than one acre
and the impacted area is separated from the remainder of the wetland
by a substantial hydrologic barrier; and
B.
The wetland meets at least one of the following three criteria:
(1)
The wetland is within an area that is predominantly developed,
has direct access to a paved public road and is serviced by a municipal
wastewater treatment system; or
(2)
The wetland was filled prior to February 8, 1979, the fill is
at least one foot in depth, and the seasonal high water table is not
within one foot of the altered land surface; or
(3)
The wetland is an actively cultivated non-berry agricultural
field which was cleared and in production prior to February 8, 1979;
and
C.
The wetland is not:
(1)
An Atlantic white cedar swamp;
(2)
A wetland that is frequently ponded or flooded for a period
of at least seven days during the growing season;
(3)
A herbaceous or shrub dominated wetland type found in naturally
occurring circular or nearly circular depressions within upland or
wetland complexes;
(4)
Located within 300 feet of a lake, pond, river or permanent
stream; or
(5)
A wetland supporting plant species that are designated as endangered
pursuant to N.J.S.A. 13:1B-15.151 et seq. or supporting plant or wildlife
species designated as threatened or endangered pursuant to N.J.A.C.
7:50-6.27 and N.J.A.C. 7:50-6.33.
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 9-12-2012 by Ord. No. 2012-15]
WETLAND SOILS
Those soils designated as very poorly drained or poorly drained
by the Natural Resources Conservation Service of the USDA, including,
but not limited, to Atsion, Bayboro, Berryland, Colemantown, Elkton,
Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns, Freshwater Marsh
and Tidal Marsh soil types.
YARD
An open space that lies between the principal building or
group of buildings and the nearest lot line and that is unoccupied
and unobstructed from the ground upward, except as herein permitted.
A.
FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter. Any portion of a lot abutting a street will be considered a front yard for the purpose of this chapter.
B.
REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
C.
SIDEAn open space extending from the front lot line to the rear lot line between a principal building from the nearest side lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
YARD SALE
The sale of personal used property from a residential dwelling
lot. For the purpose of this chapter, "yard sale" does not mean the
collection of and/or purchase of used items for resale from a residential
dwelling lot or any lot located within Waterford Township. The sale
of items collected and/or purchased for resale shall be deemed a business
subject to the restrictions and requirements of commercial use. This
term shall include "flea market" for sales conducted by religious
or civic organizations on public or private property for fund-raising
purposes.
ZONING MAP
The Zoning Map or Maps for the Township of Waterford, New
Jersey, together with all amendments subsequently adopted, delineating
the various districts controlling land use and lot size.