[Ord. No. 1992-1 § 1; Ord. No. 1993-17; Ord.
No. 1993-36 § 1; Ord.
No. 1997-16 § 2; Ord.
No. 1999-25 § 1; Ord.
No. 5-2001 § 1; Ord. No.
2001-22 § 1; Ord. No.
2001-26 § 1; Ord. No.
2001-33 § 3; Ord. No.
2002-18 § 1; Ord. No.
2002-33 § 2; Ord. No.
2004-16 § 2; Ord. No.
2004-17 § 2; Ord. No.
2004-26 § 2; Ord. No.
2006-7 § 2]
The following terms shall have the meanings as indicated or
referenced herein:
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which:
A.
Is subordinate to and serves a principal building or a principal
use (including, but not limited to, the production, harvesting, storage,
washing, grading and/or packaging of unprocessed produce grown on-site);
B.
Is subordinate in area, extent and purpose to the principal
structure or principal building and/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 lot as the principal structure or principal
use served, except as otherwise expressly authorized by the provisions
of this ordinance and the Pinelands Comprehensive Management Plan.
ADAPTIVE REUSE
The conversion of an existing building or structure to a
new use, while preserving the existing architecture to the greatest
extent possible.
ADMINISTRATIVE OFFICER
The Secretary of the Planning Board or the Secretary of the
Zoning Board of Adjustment, whichever the case may be, of the Township
of Medford, Burlington County, New Jersey, unless a different municipal
official is designated by this ordinance to administer certain of
the responsibilities and authorities specified for the Administrative
Officer in N.J.S.A. 40:55D-1 et seq.
ADVERSE EFFECT
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 by this ordinance.
AGRICULTURE/HORTICULTURE USES
PRINCIPAL USES — Any production of plants or animals useful
to man including, but not limited to: forages or sod crops; grains
and feed crops; dairy animals and dairy products; poultry and poultry
products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules or goats and including the breeding and grazing of any
or all such animals; bees and apiary products; fur animals; trees
and forest products; fruits of all kinds, including grapes, nuts and
berries; vegetables; nursery, floral, ornamental and greenhouse products;
or any land devoted to and meeting the requirements and qualifications
for payments or other compensation pursuant to a soil conservation
program under an agency of the federal government.
|
ACCESSORY USES — Any structure, excluding residential
dwellings, used for storing agricultural equipment or farm produce,
housing livestock or poultry or processing dairy products.
|
AGRICULTURAL COMMERCIAL ESTABLISHMENT
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands Area. 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 which coincidentally sell agricultural products,
nor does it include agricultural production facilities such as an
Agricultural/Horticultural Use itself, nor does it include facilities
which are solely processing facilities.
AGRICULTURE/HORTICULTURE EMPLOYEE HOUSING
Residential dwellings for the seasonal use of employees of
an Agricultural/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
or horticulture.
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.
AMATEUR RADIO ANTENNA
The arrangement of wires or metal rods used in the sending
and receiving of electromagnetic waves.
AMATEUR RADIO ANTENNA SUPPORT STRUCTURE
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an antenna or antennas for the purpose of transmission
or reception of electromagnetic waves (by federally licensed amateur
radio operators).
AMATEUR RADIO STATION
A radio station operated in the amateur radio service under
license by the Federal Communication Commission.
APPLICANT OR OWNER
The legal or beneficial owner or owners of a lot or of any
land to be proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
APPLICATION FOR DEVELOPMENT/MUNICIPAL LAND USE LAW
The application or appeal forms and all accompanying documents
required by this ordinance for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A.
40:55D-36.
ASSISTED LIVING FACILITY
A facility licensed by the New Jersey State Department of
Health and Senior Services pursuant to N.J.A.C. 8:36 which is designed
and operated to provide apartment style housing and congregate dining
while assuring that a coordinated array of supportive personal and
health services are available, as needed to four or more adult persons
unrelated to the proprietor.
ASSISTED LIVING UNIT
A unit in an Assisted Living Facility that shall offer, at
a minimum, one unfurnished room, a private bathroom, a kitchenette
and a lockable door on the unit entrance. Each unit with a lockable
door shall be a dwelling for the purposes of calculating gross density.
AUTOMOBILE SALES
The use of any building, land area or other premises for
the display and sale of new or used automobiles, panel trucks or vans,
trailers, or recreation vehicles, and including any warranty repair
work and other repair service conducted as an accessory use.
AWNING
A temporary or portable roof-like covering that projects
from and is supported by the wall of a building for the purpose of
shielding openings, such as windows and doors, from the elements.
[Added 3-5-2013 by Ord.
No. 2013-1]
BARN
Any building accessory to a primary residence used for the
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 in accordance with the provisions of this ordinance.
BASEMENT
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more than four feet
above the finished grade where such grade meets the outside walls
of the building. A basement shall be considered a "story" above grade
when the distance from grade to the finished surface of the floor
above the basement is more than six feet for more than 50% of the
total perimeter or more than 12 feet at any point.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes, which structure is located
on a site other than the site to which the advertising relates.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the finished grade five feet from the foundation along the side(s)
of the building facing a street and measured to the highest point.
In all cases where this ordinance provides for height limitations
by reference to a specified height and a specified number of stories,
the intent is to limit height to the specified maximum footage and
the specified number of stories within said footage.
CAMPER
A portable structure, which is self propelled or mounted
on or towed by another vehicle, and which is 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.
CANOPY, ATTACHED
An architectural projection supported by or attached to a
building, which may be supported by columns or piers.
[Added 3-5-2013 by Ord.
No. 2013-1]
CANOPY, FREESTANDING
A multisided overhead structure supported by columns but
not enclosed by walls.
[Added 3-5-2013 by Ord.
No. 2013-1]
CARPORT
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three sides.
CARTWAY
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the cartway is that portion between the curbs. Where there
are no curbs, the cartway is that portion between the edges of the
paved or graded width.
CELLAR
That portion of a building partly or wholly below grade,
where the ceiling averages less than four feet above the finished
grade where such grade meets the outside walls of the building.
CEMETERY
A cemetery shall be that which is defined as such under the
provisions of the New Jersey Cemetery Act, 2003, N.J.S.A. 45:27-1,
et seq., and the regulations adopted pursuant to this legislation,
or any successor, or replacement law.
CLEARING
Dictionary definition - tract of land cleared of wood and
brush. Brush - scrub vegetation.
COMBINATION OFFICE, SERVICE, AND/OR RETAIL SALES
Office, service and retail uses as described in the respective
zone, in any combination, subject to controls including specified
and limited overnight parking of service or delivery vehicles or trucks
parked in assigned spaces obscured from public view, and limited outdoor
storage of materials. These uses are not to include contractor's office
and yard operations involving the parking/storage of trucks and heavy
equipment and construction materials as found with general, electrical
and plumbing contractors, for example.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complimentary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
Any community resident 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 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to: group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
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, half-way 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 § 2
of 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 § 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. 30:4-23,
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 RESIDENCE FOR THE TERMINALLY ILL
Any community resident facility operated as a hospice program
providing food, shelter, personal guidance and health care services,
under such supervision as required, to not more than 15 terminally
ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of a 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. 30:40-1-14) providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
COMPLETE APPLICATION
An application form completed as specified by this ordinance
and the rules and regulations of the Township of Medford and all accompanying
documents required by this ordinance for approval of the particular
application for development as specified in § 800 of this
ordinance; provided that the municipal agency may require such additional
information not specified in this ordinance or revisions to the accompanying
documents as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
for development have been met. The application shall not be deemed
incomplete for lack of such additional information or any revisions
to the accompanying documents so required by the municipal agency.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this ordinance.
CONSTRUCTION
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings or structures.
CONSTRUCTION OFFICIAL
An individual designated by the Township of Medford and duly
licensed by the New Jersey State Department of Community Affairs to
serve as the "Construction Official."
CONTINUING CARE
The provision of lodging and nursing, medical or health related
services at the continuing care retirement community or other location
to an individual or for a period greater than one year, and, in consideration
of the payment of an entrance fee, with or without other periodic
charges, provided that the person receiving the care is not related
to the person who provides the care.
CONTINUING CARE RETIREMENT COMMUNITY
A development of residential living units exclusively for
persons who are 55 years of age or older or for couples, one of whom
is at least 55 years of age, which provides a continuum of accommodations
and care including independent living units, nursing care units and
assisted living units which provide continuing care as an integral
part of the residential development.
COVERAGE, BUILDING
The aggregate square footage or other area measurement by
which all buildings occupy a lot as measured in a horizontal plane
around the periphery of the facades and including the area under the
roof of any structure supported by columns, but not having walls,
as measured around the outside of the outermost extremities of the
roof above the columns.
COVERAGE, LOT
The aggregate square footage or other area measurement by
which all sidewalks, driveways and parking areas, whether paved, graveled
or unsurfaced, and all buildings and other structures cover a lot
as measured in a horizontal plane to the limits of the structure or
improvement.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
Construction on vacant land, or the expansion of existing
construction.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and 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 and prevention or alleviation
of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
DWELLING
Any structure or portion thereof which is designed or used
for residential purposes.
DWELLING UNIT
A room or series of connected rooms designed for permanent
residency containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling shall be self-contained and
shall not require the passing through another dwelling unit or other
indirect route(s) to get to any other portion of the dwelling unit,
nor shall there be shared facilities with another housekeeping unit.
APARTMENT — A building other than a building of attached
"Townhouses" containing a minimum of three dwelling units and not
exceeding 2.5 stories and 35 feet in height.
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CARRIAGE HOUSE APARTMENT — A residential dwelling unit
within a building accessory to a detached single-family dwelling containing
both a garage for the parking of automobiles owned and used by the
residents of the detached dwelling unit and the residential Carriage
House Apartment dwelling unit above the garage. The Carriage House
Apartment shall be restricted to occupancy by members of the same
family occupying the detached single-family dwelling, shall not ever
be used as a rental unit, shall be between 600 square feet and 700
square feet in net habitable floor area, and shall have a direct entrance
at ground level. The height of an accessory building containing a
Carriage House Apartment shall not exceed 2.5 stories and 35 feet
in height.
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DETACHED, SINGLE-FAMILY — A building physically detached
from other buildings or portions of buildings which is occupied or
intended to be occupied for residence purposes by one housekeeping
unit which has its own sleeping, sanitary and general living facilities.
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PATIO HOME — A single-family dwelling on an individual
lot which may be attached to a second single-family dwelling on an
adjacent lot.
|
RESIDENTIAL FLAT — A residential dwelling unit situated
on the second floor above permitted nonresidential uses in the Easttown
Planned Development and elsewhere in accordance with the applicable
provisions of this ordinance.
|
TOWNHOUSE — One building containing at least four connected
dwelling units, where each dwelling unit is compatibly designed in
relation to all other units, but is distinct by such design features
as width, setback, roof design, color, exterior materials, and other
features, singularly or in combination. Each dwelling unit may be
a maximum of three stories and 35 feet in height, but nothing in the
definition shall be construed to allow one dwelling unit over another.
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TWO-FAMILY — A building on one lot containing two dwelling
units only, each having entrances on the first floor, intended for
the residential occupancy by two housekeeping units, each living independently
of each other and each unit with its own sleeping, cooking and sanitary
facilities. The dwelling units shall be entirely separated from one
another by vertical walls or horizontal floors, except for access
to the outside or to a common basement.
|
EASEMENT
A use or burden imposed on real estate by deed or other legal
means to permit the use of land by the municipality, public, a corporation,
or particular persons for specific uses.
EAVE
The overhanging lower edge of a roof.
[Added 3-5-2013 by Ord.
No. 2013-1]
ECOLOGICAL MAP ATLAS
An atlas of maps at a scale of one inch equals 2,000 feet
designated "Ecological Map Atlas of the Medford Report" and available
for public use and inspection at the office of the Medford Township
Administration Office.
ECOLOGICAL REPORT
A study prepared in 1970 for Medford Township by the Center
for Ecological Research in Planning and Design, Department of Landscape
Architecture and Regional Planning, University of Pennsylvania, including:
A.
A document entitled "An Ecological Planning Study of Medford
Township, New Jersey."
B.
The Ecological Map Atlas as herein defined.
C.
Photographic slides of each of the 19 maps identified in said
draft as described above and numerous related photographic slides
depicting maps, charts, graphs and associated ecological data.
D.
The Natural Resource Inventory (NRI) of Medford Township prepared
in accordance with the Pinelands CMP by the Township Planning Department.
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in the size of any other existing structure, or an increase
in that portion of a tract of land occupied by an existing use.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
FACADE, BUILDING
The front wall or any of the sides of a building facing a
public street, park, parking area, or plaza, which shall be distinguished
by its architectural treatment.
[Added 3-5-2013 by Ord.
No. 2013-1]
FAMILY
Shall mean the same as "Housekeeping Unit."
FAMILY DAY CARE HOME
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child care services are regularly provided
to no less than three and no more than five children for no less than
15 hours per week. A child being cared for under the following circumstances
is not included in the total number of children receiving child care
services:
A.
A child being cared for is legally related to the provider;
or
B.
The child is being cared for as part of a cooperative agreement
between parents for the care of their children by one or more of the
parents, where no payment for the care is being provided.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials,
erected for the enclosure or partial enclosure, screen or partial
screen or separation of areas.
[Added 4-7-2015 by Ord.
No. 2015-5]
FENCE, OPEN
A fence constructed with openings between the materials used
for construction. Examples of open fences include but are not limited
to traditional wood picket or split rail.
[Added 4-7-2015 by Ord.
No. 2015-5]
FENCE, SOLID
A fence, constructed of solid material, wood or masonry,
through which no visual images may be seen. Examples of solid fences
include but are not limited to board-on-board, solid wood or manufactured
material fence or masonry.
[Added 4-7-2015 by Ord.
No. 2015-5]
FIRE OFFICIAL
An individual designated by the Township of Medford and certified
by the Commissioner of the New Jersey State Department of Community
Affairs to serve as the "Fire Official."
FIRE SUBCODE OFFICIAL
A qualified individual appointed by the Township of Medford
to enforce the fire protection rules of the New Jersey Uniform Construction
Code (N.J.A.C. 5:23-1 et seq.) which are within the jurisdiction of
the Township.
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.
FLAG LOT
A lot configuration having a reduced frontage on an improved
street with the enlarged buildable portion at the rear of the lot;
the buildable portion shall comply with ordinance standards exclusive
of the stem portion of the lot.
[Added 3-10-2009 by Ord.
No. 2009-4]
FLOOD HAZARD AREA
Land in the floodplain subject to a one-percent or greater
chance of flood in any given year.
FLOODPLAIN
The relatively flat area adjoining a water channel which
has been or may be covered by flood water of the channel, including
the following components:
FLOODWAY
The river or other watercourse and the adjacent land area
that must be reserved in order to discharge the design flood without
cumulatively increasing the water surface elevation more than 0.2
of a foot.
FLOOR AREA, GROSS (G.F.A.)
The plane projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section provided that
the area under any roof overhang of four feet or less and/or any under
roof parking area shall not be included in the G.F.A. calculation.
Basements which satisfy applicable construction definitions of habitable
space are included in the G.F.A.
FLOOR AREA, NET HABITABLE (N.H.F.A.)
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 6 1/2 feet including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, cellars, utility (heating and cooling) rooms,
half-stories and unfinished attics and basements.
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 ordinance, the following activities shall not
be defined as forestry:
[Amended 12-5-2011 by Ord. No. 2011-15]
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 ordinance;
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 NONRESIDENTIAL
A structure which is accessory to a nonresidential building
and use and which is used primarily for the parking and storage of
vehicles operated by the customers, visitors and employees of such
nonresidential building and use, and which is not available to the
general public.
GARAGE, PRIVATE RESIDENTIAL
A structure which is associated with a residential building
and which is used for the parking and storage of vehicles owned and
operated by the residents thereof, and which is not a separate commercial
enterprise available to the general public. A private residential
garage shall have capacity for not more than three motor vehicles,
shall not exceed a width of 45 feet, and shall not exceed a depth
of 24 feet. Additionally, a detached private residential garage shall
not exceed a height of 20 feet.
GARAGE, PUBLIC
A building or portion thereof, other than a private nonresidential
garage or private residential garage, used primarily for the parking
and storage of vehicles and available to the general public.
GARAGE, REPAIR
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
GATE
An opening in a fence to permit access, or an artificial
barrier capable of being opened and closed, permitting or denying
access to an area.
[Added 4-7-2015 by Ord.
No. 2015-5]
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a "Planned Development"
in accordance with the provisions specified in § 807 of
this ordinance.
GRADE
The slope of a road, path, driveway, swale or other surface
or the average finished ground elevation adjoining a building at project
completion.
GROSS DENSITY, CCRC
For the purposes of calculating gross density for the CCRC,
each individual living unit shall be one dwelling unit, each assisted
living unit shall be one dwelling unit and each bed in a nursing care
unit shall be one dwelling unit.
HABITAT
The natural environment of an individual animal or plant,
population or community.
HISTORIC RESOURCE
Any site, building, area, district, structure or object important
in American history or pre-history, architecture, archaeology and
culture at the national, state, county, local or regional level.
HISTORIC STRUCTURE, BUILDING OR SITE
A structure, building, or place of historic, architectural
or cultural significance and designated as such by municipal, county,
state or federal governments, and/or in the Medford Township Master
Plan.
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 not more than one additional individual is employed,
which activity is clearly secondary to the use of the residence as
a dwelling, and which meets the requirements specified in § 602
of this ordinance.
HOMEOWNERS' ASSOCIATION
An organization operating in a development under recorded
agreements through which each lot owner shall be a member and each
dwelling unit is subject to a charge for a proportionate share of
the expenses for the organization's activities and maintenance, including
any maintenance costs levied against the association by the Township
in accordance with N.J.S.A. 40:55D-43.
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.
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit
on a non-seasonal basis and sharing living, sleeping, cooking and
sanitary facilities on a nonprofit basis.
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10
-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Amended 12-5-2011 by Ord. No. 2011-15]
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 12-5-2011 by Ord. No. 2011-15]
INDEPENDENT LIVING UNIT
A dwelling unit in a continuing care retirement community
which is unrestricted except as to an age requirement for occupancy
and is not an assisted living unit or a nursing care unit as defined
herein. Each dwelling unit shall be counted as one dwelling unit for
the purposes of calculating overall gross density.
INDUSTRIAL PARK
Any tract(s) of land that is/are developed and operated as
a coordinated and integrated facility, in separate buildings or one
building, for a number of separate industrial uses, with consideration
for circulation, parking, loading, signage, and utility needs.
[Added 3-5-2013 by Ord.
No. 2013-1]
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; 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 ordinance, institutional use shall not include medical offices
which are not associated with hospitals or other medical or health
service facilities, nor shall it include assisted living facilities.
JUNKYARD
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
The surface and subsurface of the earth as well as improvements
and fixtures on, above, or below the surface and any water found thereon.
LANDFILL
Sites, including open dumps, where solid waste, liquid and
dry sewage sludge and liquid and dry chemical waste are disposed of
by land application with or without the use of management practices
or soil covering. For the purposes of this ordinance, solid waste
transfer stations shall not be considered "landfills."
LIMITED TAKE-OUT SERVICE
Ancillary services typically provided by retail food establishments
or sit-down restaurants, whereby foodstuffs are packaged to consume
off premises and are limited to no more than 5% of their gross retail
business.
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.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The area contained within the lot lines, but not including
any portion of a street, lake or stream. The minimum "lot area" of
a lot fronting on a street proposed to be widened in the adopted Master
Plan shall be the minimum area required for the district in which
it is located plus the additional area needed to anticipate the ultimate
widening of the street.
LOT, CORNER
A lot on the junction of land abutting two or more intersecting
streets where the interior angle of intersection does not exceed 120°.
Each corner lot shall have two front yards, one side and one rear
yard, the side and rear yards to be designated at the time of application
for a construction permit.
LOT DEPTH
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the mid-point
of the rear lot line.
LOT FRONTAGE
The horizontal distance between the side lot lines measured
along the street line. The minimum lot frontage shall be the same
as the lot width, except that on curved alignments with an outside
radius of less than 500 feet measured from the centerline of the street,
the minimum distance between the side lot lines measured at the street
line shall not be less than 75% of the required minimum lot width
unless a lesser frontage is specified in this ordinance. In the case
of a corner lot, either street frontage which meets the required frontage
for that zone may be considered the "lot frontage."
LOT LINE
Any line forming a portion of the exterior boundary of a
lot. The "lot line" is the same line as the "street line" for a portion
of a lot abutting a street. "Lot lines" extend vertically in both
directions from ground level.
LOT, REVERSE FRONTAGE
A through lot, i.e., a lot that fronts upon two streets that
do not intersect at the boundaries of the lot and that is not accessible
from one of the parallel or nonintersecting streets upon which it
fronts.
LOT WIDTH
The straight and horizontal distance between the side lot
lines measured at setback points on each side lot line an equal distance
from the street line. The minimum lot width shall be measured at the
minimum required building setback line.
MAINTENANCE BOND
Any security acceptable to the governing body to assure the
maintenance of duly approved improvements installed by the developer
after the final inspection of the improvements and in accordance with
this ordinance.
MASTER PLAN
A composite of the mapped and written plans recommending
the physical development of the municipality which shall have been
adopted by the Planning Board.
MEAN ELEVATION
The average of the ground level measurements computed at
the four extreme corner points of any proposed or existing building.
MIXED-USE CENTER
Any tract(s) of land containing a building or group of buildings
in which there may be a mix of uses, such as, but not limited to,
residential, offices, or retail sales and service suites. There may
be shared open space, circulation, parking, loading, signage, and
utility service.
[Added 3-5-2013 by Ord.
No. 2013-1]
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy and which can be transported after fabrication
to a site where it is to be occupied.
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment, or Township Council,
or any agency created by or responsible to one or more municipalities
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
NONCONFORMING BUILDING OR STRUCTURES
A building or structure which in its location upon a lot
or in its size, does not conform to the regulations of this ordinance
for the zone in which it is located.
NONCONFORMING LOT
A lot of record which does not have the minimum size, width,
frontage or depth or contain the minimum area for the zone in which
it is located.
NONCONFORMING USE
A use occupying a building, structure or lot which does not
conform with the use regulations for the zone in which it is located.
NURSING CARE UNIT
A bed in a nursing facility that is licensed by the New Jersey
State Department of Health to provide health care under medical supervision
and continuous nursing care for 24 or more consecutive hours to patients
who do not require the degree of care and treatment which a hospital
provides and who, because of their physical and/or mental condition
require continuous nursing care and services above the level of room
and board. Each bed within a nursing unit shall be a dwelling unit
for the purposes of calculating gross density.
OFFICE
A place for the transaction of business where reports are
prepared, records kept and services rendered, but where no retail
sales, except in connection with professional services, are offered
and where no manufacturing, assembly or fabricating takes place.
OFFICE COMPLEX (aka "PARK")
Any tract(s) of land that is/are developed and operated as
a coordinated and integrated facility, in separate buildings or one
building, for a number of separate office uses. These sites often
contain shared open space, with consideration for circulation, parking,
signage, and utility needs.
[Added 3-5-2013 by Ord.
No. 2013-1]
OFF-SITE
Located outside the lot lines of the property in question
but within the property (of which the lot is a part) which is the
subject of a development application, or on a contiguous portion of
the street right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way.
OPEN SPACE
Any parcel or land area or water, essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land, and provided further
that no portion of the required open space shall include any yard
or setback distance stipulated in this ordinance and any street right-of-way.
PARKING SPACE
Any area, either within a structure or in the open, of not
less than nine feet wide by 20 feet in length, or, in the case of
a handicapped parking space, an area not less than eight feet wide
by 20 feet in length with an adjacent access aisle at least five feet
wide, for the parking of motor vehicles, exclusive of driveways, access
drives, fire lanes and public rights-of-way, except that the length
of a parking space may be reduced to 18 feet in length, subject to
the approval of the Board in those instances where a two-foot overhang
area exists beyond a curb and where such overhang does not interfere
with any proposed and/or required landscaping. Notwithstanding any
other provision of this ordinance, nothing shall prohibit private
driveways for detached dwelling units from being considered off-street
parking areas, except that no portion of such private driveway within
the right-of-way line of the street intersected by such driveway shall
be considered off-street parking areas. The width and length of each
space shall be measured perpendicular to each other regardless of
the angle of the parking space to the access aisle or driveway.
PERFORMANCE GUARANTEE
Any security, in accordance with the requirements of this
ordinance, which may be accepted in lieu of a requirement that certain
improvements be completed prior to final approval of a development
application, including performance bonds, escrow agreements and other
similar collateral or surety agreements.
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock, or other material at a hydraulic gradient of one.
[Added 12-5-2011 by Ord.
No. 2011-15]
PERMITTED USE
Any use of land or buildings as permitted by this ordinance.
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.
PERSON WITH HEAD INJURY
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
PLANNED DEVELOPMENTS
RESIDENTIAL CLUSTER — An area to be developed as a single
entity according to a plan containing residential housing units which
have a common or public open space area as an appurtenance; i.e.,
a residential development in which dwellings are grouped closer to
each other than would otherwise be permitted, and in which the open
space so saved remains an integral element of the development.
|
EASTTOWN PLANNED DEVELOPMENT — An area to be developed
as a single entity according to a plan, containing and integrating
residential dwelling units and commercial uses along with a number
of appurtenant public and quasi-public uses and areas in such ranges
or ratios as specified in this ordinance, and in a manner to create
a community offering a broad range of housing types including a set-aside
of below market cost housing units, employment opportunities, basic
services and shopping for residents as well as for those residents
in the surrounding areas of the Township; all accomplished according
to a planning design reflecting the character of historical small
towns and villages in New Jersey, especially Medford Village.
|
SENIOR CITIZEN PLANNED DEVELOPMENT — An area to be developed
with a mixture of single family detached dwellings, a retail commercial
shopping center, and housing for senior citizens, including a set-aside
of below market cost housing units and an Assisted Care Facility for
the senior citizens.
|
PORCH
A roofed, open structure projecting from the front, side
or rear wall of a building and having no enclosed features of glass,
wood or other material more than 30 inches above the floor thereof,
except the necessary columns to support the roof. A "porch" may be
screened.
PRINCIPAL USE
The primary purpose for which a lot or building is used.
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 PURPOSE USES
The use of land or buildings by the governing body of Medford
Township or any officially created authority or agency thereof.
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.
PUBLIC SERVICES
Sewer service, gas, electricity, water, telephone, television
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 and 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.
RECREATION, ACTIVE
Intensive recreation, including facilities for physical activities,
games, team sports and generally any recreation that is not passive
or low intensive.
RECREATION, PASSIVE OR LOW INTENSIVE
Recreation with insignificant impact on surrounding areas
or on the environmental integrity of the area, including, but not
limited to, hiking, running, hunting, trapping, fishing, canoeing,
nature study and bicycling or cultural and performance arts-type activities.
REDEVELOPMENT
Construction on previously developed land; typically includes
the demolition of existing structures or site improvements, or the
renovation of existing development.
REHABILITATION
The process of returning a property to a state of utility
through repair or alteration, making possible an efficient current
use while preserving those features of the property which are significant
to its historic, architectural and cultural traditions.
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.
RESTAURANT
Any establishment, however designated, at which food is sold
primarily for consumption on the premises. However, a snack bar or
refreshment stand at a public or community swimming pool, playground,
playfield or park, operated solely by the agency or group operating
the recreational facility and for the convenience of patrons of the
facility, shall not be deemed a restaurant.
RESTAURANT, FAST-FOOD
A commercial establishment where foods 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-food 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 also be sold over the counter
for immediate consumption, such as a delicatessen.
SATELLITE DISH ANTENNA
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 antennas.
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
SERVICE STATION
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sales of
vehicular fuels; and including as an accessory use the sale and installation
of lubricants, tires, batteries and similar accessories as well as
the performance of minor repair services, but where no vehicular painting
and/or bodywork is done and where no junked or unregistered motor
vehicles are kept or stored.
SETBACK LINE
A line drawn parallel or concentric to a street line or lot
line and drawn through the point of the building nearest to the street
line or lot line. The term "required setback" means a line that is
established a minimum horizontal distance from the street line or
lot line and beyond which a building or part of a building is not
permitted to extend toward the street line or lot line. The minimum
front, side and rear yard requirements specified in this ordinance
shall be the minimum "required setbacks."
SHOPPING CENTER
Any tract(s) of land that is/are developed and managed as
a total entity, in separate buildings or one building, for a number
of separate retail sales and service uses. These sites often contain
shared open space, with consideration for circulation, parking, loading,
signage, and utility needs.
[Amended 3-5-2013 by Ord.
No. 2013-1]
SIGHT TRIANGLE EASEMENT AT INTERSECTION
A triangular area established in accordance with the requirements
of this ordinance in which no grading, planting or structure shall
be erected or maintained more than 12 inches above the street centerline
except for street signs, fire hydrants and light standards.
SIGN
Any message written, printed, painted or otherwise, placed
on a board, plate, banner, or upon any material or object, and/or
any device whatsoever, which by reason of its form, color, wording,
activity, technique or otherwise, attracts attention to itself, whether
used as a means of identification, advertisement or announcement.
In addition to the provisions of this ordinance, all signs shall comply
with the provisions of the Uniform Construction Code.
SITE PLAN
A development plan of one or more lots on which is shown
(1) the existing and proposed conditions of the lot, including but
not limited to topography, vegetation, drainage, floodplains, marshes
and waterways; (2) the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and (3) any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this ordinance.
MINOR SITE PLAN — Any site plan for any new development
or building alteration or addition not exempt from site plan review
which involves grading, clearing or disturbance of an area less than
5,000 square feet.
|
MAJOR SITE PLAN — Any site plan not defined as a minor
site plan.
|
SITE PLAN REVIEW
The examination of the specific development plans for a lot
or tract of land. Whenever the term "Site Plan Approval" is used in
this ordinance, it shall be understood to mean a requirement that
the site plan be reviewed and approved by the Board in accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
SOLID WASTE TRANSFER STATION
A facility at which solid waste is transferred from collection
vehicles to haulage vehicles for transportation to a landfill.
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
be no floor above it, then the surface between the floor and the ceiling
next above it. For the purpose of this ordinance, the interior of
the roof shall not be considered a ceiling; rather, the underside
of the highest horizontal surface separating the area above from the
remainder of the structure below shall be considered the ceiling.
Moreover, cellars and basements ordinarily shall not be considered
stories when considering the height of a building; provided, however,
that finished basements in nonresidential buildings shall be considered
a story for purposes of height, floor area and parking computations
in accordance with the requirements of this ordinance. Finally, a
half-story is the area under a pitched roof at the top of a building,
the floor of which is at least four feet, but no more than six feet,
below the plate; and such half-story shall not be used for nonresidential
uses.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way (1) which is an existing state, county or municipal road
way or (2) which is shown on a plat heretofore approved, pursuant
to law, whether publicly or privately owned, or (3) which is approved
by N.J.S.A. 40:55D-1 et seq., or (4) which is shown on a plat duly
filed 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 includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulder, gutters, sidewalks,
parking areas and other areas within the street line. For purposes
of the paving design and setback requirements of this ordinance for
and related to streets, all "private roads" shall be considered "streets."
STREET LINE
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, and/or by the applicable requirements of this
ordinance, forming the dividing line between the street and a lot.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land (e.g., fences, swimming pools, signs, tennis courts,
walls, buildings, etc.) or whether attached to something having a
fixed location on, above or below the surface of a parcel of land.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels, or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this ordinance if no new streets are created: (1) divisions
of land found by the Planning Board or subdivision committee thereof
to be for agricultural purposes where all resulting parcels are five
acres or larger in size, (2) divisions of property by testamentary
or intestate provisions, (3) divisions of property upon Court order
including, but not limited to, judgements of foreclosure, (4) consolidation
of existing lots by deed or other recorded instrument and (5) the
conveyance of one or more adjoining lots, tracts or parcels of land,
owned by the same person or persons and all of which are found and
certified by the Administrative Officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the tax map or atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
MINOR SUBDIVISION — Any division of land containing an
aggregate of not more than five lots (four new lots and the remaining
parcel), each fronting on an existing improved street; provided that
such subdivision does not involve: (1) a planned development, (2)
any new street, or (3) the extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Any readjustment of lot lines resulting in no new lots shall be classified
as a minor subdivision.
|
MAJOR SUBDIVISION — Any subdivision not defined as a minor
subdivision.
|
SUBDIVISION REVIEW
The examination of the specific subdivision plat for a lot
or tract of land. Wherever the term "Subdivision Approval" is used
in this ordinance, it shall be understood to mean a requirement that
the subdivision plat be reviewed and approved by the Board in accordance
with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
SWIMMING POOL
A facility constructed above or below the ground, having
a depth of more than two feet and/or water surface of 100 square feet
or more, and designed and maintained for swimming purposes.
TOWNSHIP
Township of Medford, Burlington County, New Jersey.
TRACT
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this ordinance for the use(s)
intended. The original land area may be divided by one existing public
street and still be considered one tract provided that a linear distance
equal to more than 75% of the frontage of the side of the street having
the larger street frontage lies opposite an equivalent linear distance
of street frontage on the other side of the street.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle, and used for short-term human occupancy or as a temporary
office or for the transport of materials, goods, or objects.
[Added 3-5-2013 by Ord.
No. 2013-1]
UTILITIES
Those services customarily rendered by corporations or the
municipality, under the review of the Public Utilities Commission,
for public service, such as electricity, gas, telephone, water and
sewerage, including the appurtenances used in connection with the
supplying of such services.
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.
VARIANCE
A departure from the terms of this ordinance authorized by
the appropriate municipal agency in accordance with N.J.S.A. 40:55D-1
et seq.
VEGETATION
Any plant material including grasses, shrubs and trees.
WETLANDS, FRESHWATER
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation; provided, however, that in designating
a wetland, the three-parameter approach (that is, hydrology, soils
and vegetation) enumerated in the April 1, 1987 interim-final draft
"Wetland Identification and Delineation Manual" developed by the United
States Environmental Protection Agency, and any subsequent amendments
thereto, shall be used.
WETLAND SOILS
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture including, but not limited to, Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansbury, Leon, muck, Othello, Pocomoke, St.
Johns and freshwater marsh and tidal marsh soil types.
YARD, FRONT
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot.
YARD, REAR
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines.
YARD, SIDE
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
line or the tangent lines of curved side lot lines.
ZONING PERMIT
A document signed by the Zoning Officer which:
[Added 3-10-2009 by Ord.
No. 2009-4]
A.
Is required as a condition prior to the use or the construction,
reconstruction, alteration, or installation of a structure or building,
and in accordance with Township Zoning Permit Ordinance § 1000;
and
B.
States that such use, structure or building complies with the
provisions of the Municipal Zoning Ordinance or variance granted by
Medford Township.
[Ord. No. 1992-1 § 2; Ord. No. 1997-16 § 3; Ord. No. 1997-23 § 1; Ord. No. 2001-15 § 2; Ord. No. 2002-35 § 1; Ord. No. 2007-25 §§ 1, 2]
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 10-16-2018 by Ord. No. 2018-21]
APPLICATION FOR DEVELOPMENT/PINELANDS
Any application filed with the Township of Medford for any
approval, authorization or permit which is a prerequisite to initiating
development in the Pinelands Area, except as provided in § 802.E
of this ordinance.
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 12-5-2011 by Ord.
No. 2011-15]
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 12-5-2011 by Ord.
No. 2011-15]
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 12-5-2011 by Ord.
No. 2011-15]
CERTIFICATE OF FILING
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 and 4.82 that a complete application for major
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 12-5-2011 by Ord.
No. 2011-15]
COMMISSION
The Pinelands Commission created pursuant to N.J.S.A. 13:18A-5
of the Pinelands Protection Act.
COMPREHENSIVE MANAGEMENT PLAN
The plan adopted by the Commission pursuant to N.J.S.A. 13:18A-8
of the Pinelands Protection Act, as amended, and known herein as "Pinelands
CMP."
CONTIGUOUS LAND
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit, provided that separation
by lot lines, 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. The definition of "Contiguous
Land" contained herein shall not be interpreted or applied in any
manner inconsistent with the Honorable Harold B. Wells, III, A.J.S.C.'s
opinion of June 29, 1989 only insofar as that opinion directs the
reformation of Sewer Permit Applications Numbers 2326, 2327, 2328
and 2329.
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 12-5-2011 by Ord.
No. 2011-15]
DEVELOPMENT APPROVAL
Any approval granted by Medford Township, including appeals
to the Township Council, 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 or subdivision or site plan approval.
DEVELOPMENT, MAJOR
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
DEVELOPMENT/PINELANDS
The change of 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.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
B.
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
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 12-5-2011 by Ord.
No. 2011-15]
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 12-5-2011 by Ord.
No. 2011-15]
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;
or (c) a substation of a high-load customer of the utility.
EXECUTIVE DIRECTOR
The chief administrative officer of the Pinelands Commission
or any representative designated by such chief administrative officer
to perform any functions delegated to such chief administrative officer
pursuant to any portion of the Pinelands Comprehensive Management
Plan.
FOREST STAND
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Amended 12-5-2011 by Ord. No. 2011-15]
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 12-5-2011 by Ord.
No. 2011-15]
HYDROPHYTE
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILY
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great grandparents,
grandparents, great grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 10-16-2018 by Ord. No. 2018-21]
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 12-5-2011 by Ord.
No. 2011-15]
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.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 12-5-2011 by Ord.
No. 2011-15]
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.
PINELANDS
The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA
That area designated as such by N.J.S.A. 13:18A-11a of the
Pinelands Protection Act.
PINELANDS DEVELOPMENT CREDITS
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 in other municipalities
which have Pinelands regional growth areas.
PINELANDS FIRE HAZARD
The classification of a parcel of land in accordance with
the provisions of N.J.A.C. 7:50-6.123 of the Pinelands Comprehensive
Management Plan.
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.
RECREATIONAL FACILITY, INTENSIVE
Any recreational facility which is not a low intensive recreational
facility, including but not limited to golf courses, marinas, amusement
parks, hotels and motels.
RECREATIONAL FACILITY, LOW INTENSIVE
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part II, 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.
RESOURCE MANAGEMENT SYSTEM PLAN
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service, New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of non-point-source pollution; and
establish criteria for resource sustainability of soil, water, air,
plants and animals.
[Added 12-5-2011 by Ord.
No. 2011-15]
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 12-5-2011 by Ord.
No. 2011-15]
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 12-5-2011 by Ord.
No. 2011-15]
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 12-5-2011 by Ord.
No. 2011-15]
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 10-16-2018 by Ord. No. 2018-21]
THINNING
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 12-5-2011 by Ord.
No. 2011-15]
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 12-5-2011 by Ord.
No. 2011-15]