For the purpose of this section, certain phrases and words are herein defined as follows:
Words used in the present tense include the future;
Words used in the singular number include the plural number and vice versa;
Words used to include the male gender include the female gender and vice versa;
The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used;
The word "lot" includes the words "plot" and "premises";
The word "building" includes the words "structure," "dwelling" or "residence";
The word "shall" is mandatory and not discretionary; and
The word "may" is discretionary and not mandatory.
Any word or term not defined or referenced herein in § 202 of this ordinance hereinbelow shall be used with a meaning of standard usage as defined in Webster's New International Dictionary of the English Language, unabridged and latest edition.
Whenever a term is used in this ordinance which is not defined in this ordinance nor in the Pinelands Comprehensive Management Plan (N.J.S.A. 13-18A-I et seq.) but which term is defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), such term is intended to have the meaning as defined in the Municipal Land Use Law.
Whenever a term is used in this ordinance which is not defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), but which term is defined in the Pinelands Comprehensive Management Plan (N.J.S.A. 13-18A-1 et seq.), and/or in this ordinance, such term is intended to have the meaning as defined in the Pinelands Comprehensive Management Plan and/or this ordinance.
[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.
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.
- AGRICULTURAL/HORTICULTURAL PRODUCTS PROCESSING FACILITY
- A facility designed, constructed and operated for the express purpose of processing agricultural/horticultural products grown in the Pinelands Area, including the washing, grading and packaging of those products.
- 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.
- 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]
- 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.
- 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.
- 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.
- 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.
- 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.
- 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]
- A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
- 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.
- 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.
- 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.
- 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.
- COMMENCEMENT OF CONSTRUCTION
- Actual construction on a parcel of land in accordance with a permit issued by the applicable jurisdiction.
- 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.
- 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.
- Development other than planned 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.
- 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.
- Construction on vacant land, or the expansion of existing construction.
- 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.
- 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.
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.
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.
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.
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.
- 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.
- 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.
- 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.
- 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]
- 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:
- 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 FRINGE AREA
- That portion of the flood hazard area outside of the floodway.
- FLOOD HAZARD AREA
- Land in the floodplain subject to a one-percent or greater chance of flood in any given year.
- 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:
- 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.
- FLOOR AREA RATIO (F.A.R.)
- The ratio of the gross floor area to the area of the lot or tract.
- 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.
- 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.
- 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.
- 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.
- 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.
- The surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.
- 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.
- 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.
- 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]
- 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.
- 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.
- Located on the lot in question.
- 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.
- 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.
- 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.
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.
- 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.
- Construction on previously developed land; typically includes the demolition of existing structures or site improvements, or the renovation of existing development.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 of Medford, Burlington County, New Jersey.
- 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.
- 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]
- 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.
- 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.
- 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, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10, Part IV:
- ANIMALS, THREATENED OR ENDANGERED
- Those animals designated by the Department of Environmental Protection and Energy pursuant to N.J.S.A. 23-2A-1 et seq.
- 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]
- 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.
- 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]
- 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.
- 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]
- The average number of dwelling units per acre of land.
- 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, MINOR
- All development other than "Major Development."
- 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.
- DEVELOPMENT, PUBLIC
- Any development by a public agency.
- A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.[Added 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 DISTRIBUTION LINES
- All electric lines other than electric transmission lines.
- 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]
- 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: grandparents, grandchildren, husband or wife, parents, sons, daughters, brothers, sisters, aunts, uncles, nephews, nieces and first cousins, great-grandparents and great-grandchildren.
- 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]
- 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.
- 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 NATIONAL RESERVE
- That area designated as such by N.J.S.A. 13:18A-3i of the Pinelands Protection Act.
- PINELANDS NATIVE FOREST TYPE
- See N.J.A.C. 7:50-6.43.[Added 12-5-2011 by Ord. No. 2011-15]
- PINELANDS PRESERVATION AREA
- That area so designated by N.J.S.A. 13:18A-11b of the Pinelands Protection Act.
- PINELANDS PROTECTION ACT
- N.J.S.A. 13:18A-1 to 18A-29.
- PINELANDS PROTECTION AREA
- All land within the Pinelands Area not included in the Pinelands Preservation Area.
- 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.
- 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]
- 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]
[Ord. No. 1992-1 § 2]
- The permitted number of dwelling units per gross area of land to be developed.
- The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.