This chapter is enacted for the following purposes: to promote
the health and general welfare of the inhabitants of the City of Corbin
City to lessen congestion in the streets; secure safety from fire,
panic and other dangers; provide adequate light and air; prevent the
overcrowding of land or buildings; avoid undue concentration of population;
and to conserve the value of property and to encourage the most appropriate
use of the land. This chapter is further intended to implement the
objectives of the Pinelands Protection Act and the Pinelands Comprehensive
Management Plan in the Pinelands Area of the City of Corbin City and
to conform to the minimum standards contained in said plan. These
objectives with respect to the Pinelands are to protect, preserve
and enhance the significant values of the resources thereof, including
natural, ecological, agricultural, archaeological, historic, scenic,
cultural and recreational resources of the City of Corbin City and
the Pinelands.
[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]
From and after the effective date of this chapter, the development of all lands, as hereinafter defined, in the Pinelands Area of the City of Corbin City shall be in conformity with the provisions of this chapter. Notwithstanding the use restrictions contained in this chapter, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Article IV, may be expanded or altered provided that the use was not abandoned or terminated subsequent to January 14, 1981, the expansion or alteration of the use is in accordance with all of the minimum standards of Article IV, and the area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
The provisions of this chapter are intended to be the minimum
requirements for the promotion of the public health, safety, comfort,
convenience and general welfare. Where the provisions of this chapter
impose greater restrictions than those of the City's Zoning or
Land Subdivision Ordinance or of any other statute, ordinance or regulations,
the provisions of this chapter shall be controlling. Where there are
other provisions of the City's ordinances or any other statute,
ordinance or regulation which impose greater restrictions than this
chapter, the provision of such statute or other ordinance or regulation
shall be controlling.
A.
The following definitions shall apply only to the Pinelands Area
of the City of Corbin City and are in addition to those definitions
contained in the City of Corbin City Zoning Ordinance of 1981 and
the City of Corbin City Subdivision Ordinance of 1963, as amended.
In the event of a conflict between a definition of citywide application
and a Pinelands Area definition, the Pinelands Area definition shall
control in the Pinelands Area.
B.
ACCESSORY STRUCTURE OR USE
(1)
(2)
(3)
(4)
AGRICULTURAL COMMERCIAL ESTABLISHMENT
AGRICULTURAL EMPLOYEE HOUSING
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
ANIMALS, THREATENED OR ENDANGERED
APPLICATION FOR DEVELOPMENT
APPROVAL AGENCY
CAMPER
CAMPSITE
CERTIFICATE OF FILING
COMMISSION
COMPREHENSIVE MANAGEMENT PLAN (CMP)
CONTIGUOUS LAND
DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
(6)
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
DWELLING
ELECTRIC DISTRIBUTION LINES
ELECTRIC TRANSMISSION LINES
EROSION
FISH AND WILDLIFE MANAGEMENT
FORESTRY
(1)
(2)
(3)
(4)
(5)
(6)
HABITAT
HEIGHT
HISTORIC RESOURCE
HYDROPHYTES
IMMEDIATE FAMILY
IMPERMEABLE SURFACE
IMPERVIOUS SURFACE
INSTITUTIONAL USE
INTERESTED PERSON OR PARTY
INTERIM RULES AND REGULATIONS
LAND
LOCAL COMMUNICATIONS FACILITY
MOBILE HOME
NAVIGABLE WATERS
OFF-SITE COMMERCIAL ADVERTISING SIGN
PARCEL
PERMEABILITY
PERSON
PINELANDS
PINELANDS AREA
PINELANDS DEVELOPMENT REVIEW BOARD
PINELANDS PROTECTION ACT
PINELANDS RESOURCE-RELATED USE
PLANTS, THREATENED OR ENDANGERED
PUBLIC SERVICE INFRASTRUCTURE
RECOMMENDED MANAGEMENT PRACTICE
RECORD TREE
RECREATIONAL FACILITY, INTENSIVE
RECREATIONAL FACILITY, LOW-INTENSIVE
RESOURCE EXTRACTION
SEASONAL HIGH-WATER TABLE
SIGN
SOLAR ENERGY FACILITY
STRUCTURAL ALTERATION
SUBMERGED LANDS
UTILITY DISTRIBUTION LINES
VEGETATION
WETLAND SOILS
WETLANDS
WETLANDS MANAGEMENT
As used in this chapter, the following terms shall have the meanings
indicated:
A structure or use which:
Is subordinate to and serves a principal building or a principal
use, including but not limited to the production, harvesting and storage,
as well as washing, grading and packaging, of unprocessed production
grown on-site.
Is subordinate in area, extent and purpose to the principal
structure or principal building or a principal use.
Contributes primarily to the comfort, convenience or necessity
of the occupants, business or industry of the principal structure
or principal use served; and
[Amended 7-14-1997 by Ord. No. 4-97]
Is located on the same parcel as the principal structure or
principal use served, except as otherwise expressly authorized by
the provisions of this chapter.
[Amended 7-14-1997 by Ord. No. 4-97]
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural production
facilities such as a farm itself, nor facilities which are solely
processing facilities.
[Added 11-13-1989 by Ord.
No. 89-4]
Residential dwellings for the seasonal use of employees of
an agricultural or horticultural use which, because of their character
or location, are not to be used for permanent housekeeping units and
which are otherwise accessory to a principal use of the lot for agriculture.
[Amended 11-13-1989 by Ord. No. 89-4]
Any production of plants or animals useful to any man, including
but not limited to forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all of such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornament 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.
Those animals specified in N.J.A.C. 7:50-6.32.
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 82-7B.
[Added 11-13-1989 by Ord.
No. 89-4]
Any board, body or other authority within the City of Corbin
City with authority to approve or disapprove subdivisions, site plans,
construction permits or other applications for development approval.
Appeals shall be to the governing body or Board of Adjustment.
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation or other short-term uses. "Camper"
does not include mobile homes or trailers.
[Added 11-13-1989 by Ord.
No. 89-4]
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.
[Added 11-13-1989 by Ord.
No. 89-4]
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
[Amended 11-13-1989 by Ord. No. 89-4]
The Pinelands commission created pursuant to § 5
of the Pinelands Protection Act.
The plan adopted by the Pinelands Commission pursuant to
§ 7 of the Pinelands Protection Act as amended.
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit, provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
[Amended 3-8-1993 by Ord.
No. 3-93]
The Change or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels and the creation or termination of
rights of access or riparian rights, including but not limited to:
A change in type of use of a structure or land.
A reconstruction, alternation of the size or a material change
in the external appearance of a structure or land.
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land.
Commencement of resource extraction, drilling or excavation
on a parcel of land.
Demolition of a structure or removal of trees.
Commencement of forestry activities.
[Added 11-13-1989 by Ord.
No. 89-4]
Any approval granted by an approval agency.
Any division of land into two or more lots; any construction
or expansion of any building development of two 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.
All development other than major development.
Any structures or portions thereof which is designed or used
for residential purposes.
All electric lines other than electric transmission lines.
[Added 11-13-1989 by Ord.
No. 89-4]
Electric lines which are part of an electric company's
transmission and subtransmission system, which provide a direct connection
between a generating station or substation of the utility company
and a) another substation of the utility company; b) a substation
of or interconnection point with another interconnecting utility company;
c) a substation of a high-load customer of the utility.
[Amended 11-13-1989 by Ord. No. 89-4]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The changing of the characteristics and interactions of fish
and wildlife population and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including, but not limited to, artificial
regeneration bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97; 10-11-2011 by Ord. No. 7-2011]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.[1]
The natural environment of an individual animal or plant,
population or community.
The vertical distance of a building measured from grade to
the highest point of the roof for flat roofs, to the deck line for
mansard roofs and to the mean height between eaves and ridge for gable,
hip and gambrel roofs. For structures, the vertical distance measures
from grade to the structure's highest point.
Any site, building, area, district, structure or object important
in American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97; 8-13-2018 by Ord. No. 4-2018]
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10-7 cm/second at the maximum anticipated hydrostatic
pressure. The term "impermeable" is equivalent in meaning.
[Amended 10-11-2011 by Ord. No. 7-2011]
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 — Engineering, 210-3-1 — Small Watershed
Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees
of permeability.
[Amended 10-11-2011 by Ord. No. 7-2011]
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities such as libraries, galleries, museums, concert
halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities as are integral to
the operation of the hospital; medical and health service facilities,
including nursing homes, supervised residential institutions, rehabilitation
therapy centers and public health facilities; law enforcement facilities;
military facilities; churches; public office buildings; cemeteries;
and other similar facilities.
[Added 11-13-1989 by Ord.
No. 89-4]
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter or whose
right to use, acquire or enjoy property under this chapter or any
other law of this state or of the United States has been denied, violated
or infringed upon by an action or failure to act under this chapter.
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act[2] to govern the review of applications from the adoption
of the regulations until the Pinelands Comprehensive Management Plan
took effect on January 14, 1981. These regulations were formerly codified
as N.J.A.C. 7:1G-1 et seq.
[Added 11-13-1989 by Ord.
No. 89-4]
Includes the surface and subsurface of the earth, as well
as improvements and fixtures on, above or below the surface and any
water found thereon.
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point-to-point communication, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
[Added 7-14-1997 by Ord.
No. 4-97]
A self-contained living quarters, consisting of one or more
transportable sections, designed for long-term occupancy, built upon
a permanent chassis, and transported to the site upon its own permanent
wheels and towed by a separate prime mover.
[Added 11-13-1989 by Ord.
No. 89-4]
Water capable of being traversed by pleasure craft.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
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.
[Added 7-14-1997 by Ord.
No. 4-97]
The rage at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Amended 10-11-2011 by Ord. No. 7-2011]
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
The Pinelands National Reserve and the Pinelands Area.
That portion of the City of Corbin City north and west of
Corbin City, Millville Road (Head of River Road) and Buck Hill Road.
The agency responsible from February 8, 1979, until June
28, 1979, for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
[Added 11-13-1989 by Ord.
No. 89-4]
N.J.S.A. 13:18A-1 to 18A-29.
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.
[Amended 11-13-1989 by Ord. No. 89-4]
A Pinelands plant species whose survival worldwide, nationwide,
or in the state is in jeopardy.
[Amended 11-13-1989 by Ord. No. 89-4]
Sewer service, gas, electricity, water, telephone, cable
television, and other public utilities developed linearly, roads and
streets and other similar services provided or maintained by any public
or private entity.
[Added 11-13-1989 by Ord.
No. 89-4]
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Commission.
[Added 7-14-1997 by Ord.
No. 4-97]
Any recreational facility which does not satisfy the definition
of "low-intensive recreational facility," including but not limited
to golf courses, marinas, amusement parks, hotels, and motels.
[Added 11-13-1989 by Ord.
No. 89-4]
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Added 11-13-1989 by Ord.
No. 89-4; amended 7-14-1997 by Ord. No. 4-97]
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.
[Amended 11-13-1989 by Ord. No. 89-4]
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display or direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images. "Signs" does not include
the flag or emblem of any nation, organization of nations, state or
City or any fraternal, religious or civic organization; merchandise,
pictures or models of products or services incorporated in a window
display; works of art which in no way identify a product; or scoreboards
located on athletic fields.[3]
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 8-13-2018 by Ord.
No. 4-2018]
Any change is either the supporting members of a building,
such as bearing walls, columns, beams and girders, or the dimensions
or configuration of the roof or exterior walls.
Those lands which are inundated with water throughout the
year.
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.
[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]
Any plant material, including grasses, shrubs and trees.
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 Atslon, Bayboro, Berryland,
Colemantown, Elkton, Keansbug, Leon, muck, Othello, Pocomoke, St.
Johns and freshwater marsh and tidal marsh soil types.
The meaning ascribed to the word in N.J.A.C. 7:50-6.3 through
50-6.5.
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.
[Amended 10-11-2011 by Ord. No. 7-2011]
[1]
Editor's Note: The former definition of “Forestry Management
Plan,” which immediately followed, added 11-13-1989 by Ord.
No. 89-4, s repealed 7-14-1997 by Ord. No. 4-97.
[2]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[3]
Editor's Note: The former definition of “specimen tree,”
which immediately followed, and the former definition of “standard
subsurface sewage disposal system,” which was added 11-13-1989
by Ord. No. 89-4, were both repealed 7-14-1997 by Ord. No. 4-97.
