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.
[Amended 11-13-1989 by Ord. No. 89-4; 3-8-1993 by Ord. No. 3-93; 7-14-1997 by Ord. No. 4-97; 10-11-2011 by Ord. No. 7-2011; 8-13-2018 by Ord. No. 4-2018; 6-10-2024 by Ord. No. 5-2024]
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 DIVERT or DIVERSION 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 HYDROLOGIC UNIT CODE-11 or HUC-11 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 NONCONSUMPTIVE USE 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
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.
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.
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.
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.
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.
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.
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.
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.
Means the taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other water body, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
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.
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.
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.
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:
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.
Means an area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
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.
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.
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.
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.
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.
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.
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.
Water capable of being traversed by pleasure craft.
Means the use of water diverted from surface or groundwaters in such a manner that at least 90% of the diverted water is returned to the source surface or groundwater at or near the point from which it was taken.
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.
The rage at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
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.
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.
A Pinelands plant species whose survival worldwide, nationwide, or in the state is in jeopardy.
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.
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.
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.
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.
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.
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.
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.
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.
[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.