The following words and terms of this chapter shall be interpreted
as follows:
ACCESSORY USE OR BUILDING
A building or use which:
A.
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;
B.
Is subordinate in area, extent and purpose to the principal
structure or principal building or principal use served;
C.
Contributes primarily to the comfort, convenience or necessity
of the occupants, business or industry of the principal structure
or principal use served; and
D.
Is located on the same parcel as the principal structure or
principal use served, except as otherwise expressly authorized by
the provisions of this chapter.
ADDITION
In the case of an historic landmark, the construction of
a new improvement as part of an existing improvement when such new
improvement changes the exterior appearance of any landmark; in the
case of an historic landmark, the razing of any improvement or the
obliteration of any natural feature of said landmark.
ADMINISTRATIVE OFFICER
Pursuant to N.J.S.A. 40:55D-3 of the New Jersey Statutes,
the Clerk of the City of Estell Manor is designated as the "administrative
officer."
AGRICULTURAL COMMERCIAL ESTABLISHMENT
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year round and may not be associated directly with
a farm; however, it does not include supermarkets, convenience stores,
restaurants and other establishments which coincidentally sell agricultural
products, nor does it include agricultural production facilities such
as a farm itself, nor facilities which are solely processing facilities.
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings for the seasonal use of employees of
an agricultural or horticultural use which because of their character
or location, are not to be used for permanent housekeeping units and
which are otherwise accessory to the principal use of the lot for
agricultural purposes.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
Any production of plants, other than trees, or animals useful to any man, including, but not limited to, forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules or goats and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; 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 qualification for payments or other compensation pursuant to a soil conservation program under an agency of the federal government; provided, however, that the same shall be consistent with the provisions of §
380-22 of the Code of the City of Estell Manor, as heretofore or hereinafter amended. The cutting or harvesting of trees as defined in Chapter
357, Trees, Article
II, Tree Cutting and Forestry, of the Code of the City of Estell Manor, as amended, shall not be considered an "agricultural or horticultural purpose or use."
AGRICULTURAL PRODUCTS PROCESSING FACILITY
A facility designed, constructed and operated for the express
purpose of processing agricultural products grown in the Pinelands,
including washing, grading and packaging of those products.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structure or in the existing facilities for an enlargement,
whether by extension of a side or by increasing in height or by moves
from one location or position to another. Alterations shall not include
additions to the improvement. In the case of an historic landmark,
any work done which changes the appearance of the exterior surface
of the same shall be considered an alteration.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site waste water 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 4-2-2003 by Ord. No. 03-03; amended 11-14-2018 by Ord. No. 04-2018]
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by the provisions of the Code of the City of Estell Manor or by the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., as heretofore or hereafter amended, or by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., as heretofore or hereafter amended, which may be required for the approval of a subdivision plat, site plan, conditional use, zoning variance or direction for the issuance of any permit for development approval. In the Pinelands Area, this shall include any application filed with any permitting agency or any approval, authorization or permit which is a prerequisite to initialing development in the Pinelands Area, except as provided in §
380-77A(2) of this chapter.
APPROVAL AGENCY
Any board, body or other authority within the City with authority
to approve or disapprove subdivisions, site plans, construction permits,
conditional use permits, variances or other applications for development
approval.
AREA, BUILDING (GROUND COVERAGE)
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
AREA, GROSS FLOOR
The sum of the gross horizontal areas of every floor of a
building, measured from the inside face of exterior walls or from
the center line or party or common walls separating two dwelling units.
AREA, LIVABLE OR HABITABLE FLOOR
All gross floor area having a clear ceiling height of at
least seven feet, except that not more than 10% of the habitable floor
area may have a ceiling height less than seven but not less than five
feet; any cellar, open porches, carports, garage or utility space,
bay windows not extending more than three feet, balconies and terraces
shall not be considered in the computation of habitable floor area.
BUILDING
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels, or having other supports. Each
structure separated by fire walls from adjoining structures under
separate occupancy or for separate uses shall be considered a separate
building.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished grade at the perimeter of the building to the highest
point of the roof.
BUILDING LINE
A line formed by the vertical projection to the ground of
the exterior surface of the building on any side. In case of a cantilevered
or projected section of a building, the vertical projection will coincide
with the surface nearest the lot line. A building line shall not be
closer to the street line than the required front yard depth.
CAMPER
A portable structure which is self-propelled or mounted on
or towed by another vehicle, designed and used for temporary living,
for travel, recreation, vacation or other short-term uses. Camper
does not include mobile homes or other dwellings.
CAMPSITE
A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Planning Board or Board of Adjustment in accordance with §
380-20 of this chapter for the construction, alteration, additions to, relocation, improvement, removal or demolition of a landmark or a Pinelands designated site or for any change in the exterior appearance of a lot within 200 feet of the same.
[Amended 11-5-1997 by Ord. No. 97-6]
CERTIFICATE OF FILING
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
COMMISSION
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.
COMPREHENSIVE MANAGEMENT PLAN
The plan adopted by the Commission pursuant to Section 7
of the Pinelands Protection Act, as heretofore or hereafter amended.
CONTIGUOUS LANDS
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit, provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
CUTTING AND HARVESTING OF TREES
The cutting and harvesting of trees on a commercial basis, or otherwise for profit, which requires the obtaining of a permit under the provisions of Chapter
357, Trees, Article
II, Tree Cutting and Forestry, of the Code of the City of Estell Manor, as heretofore or hereafter amended.
DEVELOPMENT
The change or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels and the creation or termination of
rights of access or riparian rights, including, but not limited to:
A.
A change in type of use of a structure or land.
B.
A reconstruction, alteration of the size or material change
in the external appearance of a structure or land.
C.
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land.
D.
Commencement of 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 waste 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.
H.
Alteration, either physically or chemically, of a shore, bank
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
DEVELOPMENT, MINOR
A development meeting the criteria of a minor subdivision under §
340-5 of the City of Estell Manor Code or meeting the definition of a "minor site plan" under §
380-3 of this chapter.
DISTRICT
The portion of the territory of the City of Estell Manor
within which designated regulations and requirements or various combinations
thereof apply pursuant to the provisions of this chapter.
DRIVEWAY
Any lane, way, opening, construction entrance or privately
owned road entering upon any public road within the City of Estell
Manor, excepting field openings to nonresidential land used exclusively
for farming purposes.
DWELLING UNIT
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for the same.
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.
EMERGENCY REPAIRS
In the case of an historic landmark, those immediate remedial
actions undertaken to alleviate the results of accidental damage or
destruction to private property where time will not permit the owner
to obtain site plan approval and a building permit prior to their
undertaking.
ESSENTIAL UTILITIES
The erection, construction, alteration or maintenance by
public utilities, telephone or municipal or other governmental agencies
of underground or overhead gas, electric, steam, water or sewage transmission
or distribution systems, including buildings, 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 City
or other government agencies or for the public health or safety or
general welfare.
FAMILY
A single individual doing his own cooking and living upon
the premises as a separate housekeeping unit, or a collective body
of persons doing their own cooking and living together upon the premises
as a separate housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bond.
FENCE or WALL
A structure which permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and a property.
FIRE OFFICIAL
The official of the Fire Department designated by that Department
to represent it with regard to the inspection and approval of driveways.
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, clear cutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelter wood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as "forestry":
[Amended 11-14-2018 by Ord. No. 04-2018]
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.
GARAGE, PRIVATE
A building or space accessory to a residence which provides
the storage of motor vehicles and in which no occupation, business
or service for profit is carried on.
GARAGE, PUBLIC
A building or part thereof, other than a private garage,
used for the storage of motor vehicles for profit and may include
the sale of fuels or accessories or the keeping of vehicles for hire
as a secondary use.
HISTORIC LANDMARK
A.
Any real property, man-made structure, natural object or configuration
or any group of the foregoing which has been formally designated in
the Master Plan as being significant because it possesses integrity
of location, design, setting, materials, workmanship, feeling and
association which reflects significance in American history, architecture,
archaeology or culture under one or more of the following criteria:
(1)
It is associated with events of significance to cultural, political,
economic or social history;
(2)
It is associated with the lives of persons or institutions of
significance to cultural, political, economic or social history;
(3)
It represents the work of a matter or possesses high artistic
value or embodies the distinctive characteristics of a type, period
or method of construction of significance to cultural, political,
economic or social history; or
(4)
It has yielded or is likely to yield information significant
to history or prehistory.
B.
All landmarks must be so designated by the City Council in accordance with the provisions of §
380-20 of this chapter and shall be deemed to include the lots on which they are located.
HISTORIC RESOURCES
Any site, building, area, district, structure or object important
in American history, or prehistory, architecture, archaeology and
culture and to national, state, county, local or regional level. All
historic landmarks are historic resources.
HOME CRAFT
Any occupation carried on as a subordinate use solely by
a member of the family residing on the premises of a residential lot.
HOME PROFESSIONAL OFFICE
The office, studio or occupational room of a physician, surgeon,
dentist, architect, licensed professional engineer, real estate or
lawyer engaged in direct personal services.
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.
[Added 11-14-2018 by Ord.
No. 04-2018]
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 11-14-2018 by Ord.
No. 04-2018]
IMPERVIOUS SURFACE
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
[Added 11-14-2018 by Ord.
No. 04-2018]
IMPROVEMENT
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation for a period of not less than
60 contiguous days.
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; hospitals, including such educational,
clinical, research and convalescent facilities as are integral to
the operation of the hospital; medical and health service facilities,
including nursing homes, supervised residential institutions, rehabilitation
therapy centers and public health facilities; law enforcement facilities;
military facilities; church; public office buildings; cemeteries;
and other similar facilities.
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.
LOADING SPACE
Any off-street space not less than 12 feet in width, 35 feet
in length and 14 feet in height available for the loading or unloading
of goods and having direct usable access to the street or alley.
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.
LOT
A parcel or area of land, the dimensions and extent of which
are determined by the latest official records or by the latest approved
map of a subdivision of which the lot is a part.
LOT AREA
An area of land enclosed by the boundary line of the lot
and expressed in terms of square feet or acres. Any portion of a lot
included in the public right-of-way may be included in calculating
"lot area."
LOT DEPTH
The distance between the edge of the right-of-way and the
rear lot line. In the case of an irregular lot, the average between
the shortest and longest such distance constitutes "lot depth." In
the case of a corner lot, the longer of the two street lines shall
be considered as the depth.
LOT LINE, FRONT
The line of a street on which a lot fronts or abuts. Corner lots shall be considered as fronting on both streets. (See §
380-27, Yards.)
LOT LINE, SIDE
Any lot line, not a front lot line or a rear lot line, including
a lot line of an offset portion of a lot.
LOT WIDTH
The distance between the side lot lines measured at right
angles to its depth at the front setback line; in the case of corner
lots, the distance between the lot line on the street having the shorter
frontage measured at right angles to its depth at the setback line.
LOT, CORNER
A lot bounded on two or more sides by a public right-of-way.
LOT, FRONTAGE
The horizontal distance measured along the full length of
a street line abutting the lot line. In the case of corner lots, the
shorter of the two street lines shall be considered as the frontage.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
MOBILE HOME
A movable, portable, year-round dwelling built on a chassis,
designed without a permanent foundation, connected to utilities and
containing a flush toilet, a bath or shower and a kitchen sink.
MOBILE HOME PARK
Any plot or ground upon which two or more mobile homes or
mobile units used for dwelling or sleeping purposes are located.
MOBILE HOME SPACE
A plot of ground within a mobile home park designed for the
accommodation of one mobile home.
MODIFIED DRIVEWAY
An existing driveway which is paved, widened, narrowed or
lengthened, or when its horizontal location is changed. Routine maintenance
or repairs, including, but not limited to, the addition of fill materials
to the driveway surface, shall not render a driveway a "modified driveway."
MOTEL
A series of rental units, with individual entrances from
outside to each unit, operated as a single business for the purpose
of providing lodging to transient guests. An office and single dwelling
unit may be provided in conjunction with the operation of a "motel."
MOTOR VEHICLE SERVICE STATION
A place where gasoline or other motor fuel or lubricating
oil or grease for operating motor vehicles is offered for sale at
retail to the public, which may include the sale of accessories, oiling,
greasing, washing and light motor vehicle repairs on the premises.
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied
by persons living independently of each other, or a group of such
buildings.
NONCONFORMING BUILDING
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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.
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 11-14-2018 by Ord.
No. 04-2018]
PERMIT, BUILDING
A certificate issued by the Building Inspector for the construction,
reconstruction, remodeling, alteration or repair of a building upon
approval of the submitted plans for the building change and which,
where applicable, also states that the purpose for which a building
or land is to be used is in conformance with the uses permitted and
all other requirements under this chapter for the zone in which it
is located or is to be located.
PERMIT, CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector or upon completion
of the construction of a new building or upon a change in the occupancy
of a building which certifies that all requirements of this chapter
or such adjustment therefor which has been granted by the Planning
Board and all other applicable requirements have been complied with.
[Amended 11-5-1997 by Ord. No. 97-6]
PERMIT, CONDITIONAL USE
A certificate issued by the Zoning Officer for the conduct
of a conditional use, which states that the requirements governing
conditional uses in this chapter and all other applicable requirements
have been complied with, as certified by the Planning Board.
PERMIT, TEMPORARY USE
A certificate issued by the Zoning Officer for the conduct
of a use otherwise prohibited by the chapter for a limited time period
and stating that the special requirements governing the use and all
other applicable requirements have been complied with as certified
by the Planning Board.
[Amended 11-5-1997 by Ord. No. 97-6]
PINELANDS
The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA
That area designated as such by Section 10a of the Pinelands
Protection Act.
PINELANDS DEVELOPMENT CREDITS
A use right allocated to certain lands within the City pursuant
to the provisions of N.J.A.C. 7:50-5.43, as heretofore or hereinafter
amended, that can be used to secure a residential density bonus in
other municipalities which have adopted appropriate ordinances permitting
their use.
PINELANDS RESOURCE RELATED USE
Any use which is based on resources which are indigenous
to the Pinelands, including, but not limited to, forest products,
berry agriculture and sand, gravel, clay or ilmenite.
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy, as determined by the Pinelands Commission.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which the building is situated. An accessory building
which is attached to the principal building shall comply in all respects
with the requirements applicable to the principal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
PROPRIETARY CAMPGROUND FACILITY
Any real property designed and used for the purpose of camping
and associated recreational uses under a condominium or cooperative
form of ownership.
PROTECTION AREA
All land within the Pinelands Area which is not included
in the Preservation Area.
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities developed linearly; roads and
streets and other similar services provided or maintained by any public
or private entity.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
RECORD TREE
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Commission.
RECREATIONAL FACILITY, LOW-INTENSITY
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.
RECYCLING AREA
Space allocated for collection and storage of source-separated
recyclable materials.
REPAIR
Any work done on any improvement which is not an addition
to the improvement and which does not change the exterior surface
of any improvement, excluding painting.
REPLACEMENT
When applied to an historic landmark, includes repairs if
a building permit is required for same.
RESOURCE CONSERVATION PLAN
A plan prepared for review by the Cape-Atlantic 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 11-14-2018 by Ord.
No. 04-2018]
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park operated by the agency or group or an approved vendor
operating the recreational facilities and for the convenience of patrons
of the facility shall not be deemed to be a "restaurant."
SEASONAL HIGH WATER TABLE
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
SIGN
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag of any public, quasi-public,
civic, charitable or religious group.
SIGN, AREA OF
The area included within the frame or edge of the sign. Where
the sign has no such frame or edge, the area shall be defined by an
enclosed four-sided (straight sides) geometric shape which most closely
outlines the sign.
SITE PLAN, MINOR
A site plan which is limited to the proposed construction
of any permitted accessory use or uses, including, but not limited
to, signs or off-street parking areas, or any development plan consisting
of any expansion or addition to an existing conforming structure and
use, provided that said expansion does not increase the habitable
floor area of said structure by more than 50%, provided further that
such development plan does not involve planned development, the installation
of any road improvements or the expansion of public facilities and
does not adversely affect development of an adjoining property or
properties, and provided further that such development plan does not
involve any property on which is located an historic landmark or abuts
or is within 200 feet of any property on which is contained an historic
landmark.
SOLAR ENERGY FACILITY
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 11-14-2018 by Ord.
No. 04-2018]
SPECIAL BARRIER-FREE ACCESS
A ramp, landing, walkway or other constructed feature to
be located on the exterior of a residential dwelling which is deemed
necessary to provide access not otherwise obtainable to the interior
of the building.
[Added 7-20-1999 by Ord. No. 0-7-99]
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage or stormwater discharge is distributed to
or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
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 11-14-2018 by Ord.
No. 04-2018]
ZONING OFFICER
The person or persons who are charged with the enforcement
of this chapter.
ZONING PERMIT
A certificate issued by the Zoning Officer stating that the
purpose for which a building or land is to be used is in conformity
with the uses permitted and all other requirements under this chapter
for the zone in which it is located.
Any word or term not defined above but defined in N.J.S.A. 40:55D-3
to 40:55D-7, the Municipal Land Use Law of the State of New Jersey,
Chapter 291 of the Laws of New Jersey 1975, shall be defined as the
same is defined in those sections. Any word or term not defined above
which is defined in the Pinelands Comprehensive Management Plan, particularly
under N.J.A.C. 7:50-2.11 of said Plan, as heretofore or hereafter
amended, shall be defined as set forth in said Plan. Where a word
or term is not defined above but is defined in both the Municipal
Land Use Law, Chapter 291 of the Laws of New Jersey 1975, N.J.S.A.
40:55D-3 to 40:55D-7 and the Pinelands Comprehensive Management Plan,
N.J.A.C. 7:50-2.11, said word or term shall be construed in such a
manner as to be consistent with both definitions.