The meaning of words and terms defined by N.J.S.A. 40:55D-3
through 40:55D-7 shall apply. As used in this chapter, the following
terms shall have the meanings indicated:
ACCELERATION LANE
An added roadway lane which permits integration and merging
of slower moving vehicles into the main vehicular stream.
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure, the purpose of which
is customarily incidental to that of the principal use or building
and on the same lot. Where an "accessory building" is attached to
the side or front of a principal building by a wall or roof, such
"accessory building" shall be considered part of the main building
for the purpose of determining the required dimensions of yards, but
if it is attached completely to the rear of all portions of the principal
building, it may be considered an "accessory building" for determining
required yard dimensions.
AGRICULTURAL COMMERCIAL ESTABLISHMENT
As used in Article
XVIII, Pinelands Area Standards, 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 which coincidentally sell agricultural products, nor does it include agricultural production facilities, such as a farm itself, nor facilities which are solely processing facilities.
[Amended 8-3-1992 by Ord.
No. 403]
AGRICULTURAL EMPLOYEE HOUSING
As used in Article
XVIII, Pinelands Area Standards, 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 8-3-1992 by Ord.
No. 403]
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
As used in Article
XVIII, Pinelands Area Standards, 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, 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.
[Amended 8-3-1992 by Ord.
No. 403]
AGRICULTURAL PRODUCTS PROCESSING FACILITY
As used in Article
XVIII, Pinelands Area Standards, a facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including the washing, grading and packaging of those products.
[Amended 8-3-1992 by Ord.
No. 403]
AGRICULTURAL SERVICE ESTABLISHMENT
As used in Article
XVIII, Pinelands Area Standards, an establishment, the primary purpose of which is the sale of goods, commodities or services that support active farm establishments.
[Amended 8-3-1992 by Ord.
No. 403]
AIRPORT
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, any area of land or water, or both, designed and set aside for the landing and takeoff of fixed wing aircraft, used or to be used by the public for such purposes, publicly or privately owned and licensed by the Commissioner of the New Jersey Department of Transportation as a public use airport or landing strip; or an area which has been determined by the Commissioner as likely to be licensed within one year of the determination.
AIRPORT HAZARD
As used in Article
XIX, Air Safety and Hazardous Zoning Standards:
A.
Any use of land or water, or both, which may create a dangerous
condition for persons or property in or about an airport or aircraft
during landing or takeoff at an airport; or
B.
A structure or tree which obstructs the airspace required for
the flight of aircraft in landing or taking off at an airport.
AIRPORT HAZARD AREA
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, any area of land or water, or both, upon which an airport hazard might be created or established if not prevented by the Air Safety and Hazardous Zoning Act, P.L. 1983, c. 260, and N.J.A.C. 16:62 et seq.
AISLES
The traveled way by which cars enter and depart parking spaces.
ALL-INCLUSIVE DEED
A legal document which combines, by written description,
several parcels of land into one tract, as required for the purpose
of establishing a lot that meets the minimum standards set by the
schedules of this chapter as a provision for subdivision or redivision approval.
ALTERATION
A.
As applied to a building or structure, a change or rearrangement
in the structure parts or in the existing facilities or an enlargement,
whether by extension of a side or by increasing in height or by moving
from one location or position to another.
B.
As used in Article
XX, Heliports, Helistops and Helipads, any construction, demolition or modification to the surface design or operational areas of an aeronautical facility which affects, increases or diminishes its operational capabilities.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment including
a significant reduction in the level of total nitrogen in the wastewater
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 8-11-2003 by Ord.
No. 504; amended 4-8-2019 by Ord. No. 676]
APPROVAL AGENCY
As used in Article
XVIII, Pinelands Area Standards, any board, body or other authority within the Borough of Buena with the authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
[Amended 8-3-1992 by Ord.
No. 403]
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 4-9-2012 by Ord.
No. 589]
AUCTION MARKET
Premises on which are held at periodic times auction sales
of merchandise or any other personal property.
BASEMENT
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building.
BAY
The parking module usually consisting of two rows of parking
spaces and the aisle.
BEDDING
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 4-9-2012 by Ord.
No. 589]
BILLBOARD
As used in Article
XIII, Fences and Signs, 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.
BLOCK
An area of land usually bounded by streets, railways, streams
or other barriers to development continuity, which includes within
its boundaries land parcels designated by lot numbers on the Municipal
Tax Maps.
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 4-9-2012 by Ord.
No. 589]
BUFFER STRIP
A.
A continuous strip of trees and/or shrubs not less than six
feet in height densely planted so as to restrict a clear view beyond
said strip.
B.
As used in Article
X, Buffer Screening; Shade Trees; Landscaping Standards, the term "buffer" or "buffer strip" shall mean a land area used to visually separate one use from another or to block noise, lights or other nuisances; which shall be maintained on a base of self-draining soils and which may be required under screening standards to include fences, berms, vegetation or a combination thereof.
BUILDING
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels, or having other support and any
unroofed platform, terrace or porch having a vertical face higher
than three feet above the level of the ground from which the height
of the building is measured.
BUILDING AREA
The aggregate of the areas of all buildings as defined in
the definition of "building." Such areas shall be computed by using
outside building dimensions measured on a horizontal plane at ground
level.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story in the case of a flat roof;
to the deckline of a mansard roof; to the average height between the
plate and ridge of a gable, hip or gambrel roof; or to the highest
point of any other structure defined as a building in the definition
of "building."
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building or any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface. All yard requirements are measured to the "building line."
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUMPERS
Permanent devices set in each stall to block the front wheels
and prevent encroachment beyond the stall space.
CAMPER
As used in Article
XVIII, Pinelands Area Standards, 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 use. "Camper" does not include mobile homes, trailer coaches or other trailers used as permanent dwellings.
[Amended 8-3-1992 by Ord.
No. 403]
CAMPSITE
A.
As used in Article
XVIII, Pinelands Area Standards, 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. "Campsite" does not include trailer courts.
[Amended 8-3-1992 by Ord.
No. 403]
B.
As used in §
150-142, Trailers and mobile homes, the terms "campsite" or "trailer camp" shall mean any lot or plot of ground used for the temporary or permanent storage, parking or location of one or more trailers or camp cars for a period of more than six hours and which places are used as a business operated for profit or personal use.
CARTWAY
That area of a street within which vehicles are permitted,
including travel lanes and parking places, usually measured between
curbs or curblines.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground.
CERTIFICATE OF FILING
As used in Article
XVIII, Pinelands Area Standards, 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 8-3-1992 by Ord.
No. 403]
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector upon completion
of construction, alteration or change in occupancy of a building.
Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Board of
Adjustment and/or all other applicable requirements.
CHANNELIZATION
A traffic control device which forces vehicles into certain
traffic flows or turning movements.
CHURCH
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, congregations,
cathedrals, temples and similar designations, as well as parish houses,
convents and such accessory uses.
CLEARCUTTING
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clearcutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 4-9-2012 by Ord.
No. 589]
COMMISSION
As used in Article
XVIII, Pinelands Area Standards, the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
[Amended 8-3-1992 by Ord.
No. 403]
COMMISSIONER
A.
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, and Article
XX, Heliports, Helistops and Helipads, the Commissioner of the New Jersey Department of Transportation.
B.
As used in Article
XXIII, Manufactured Homes, the Commissioner of the Department of Community Affairs.
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,
halfway 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-2 et seq.). In the
case of housing mentally ill persons, such residence shall have been
approved for a purchase of service contract or an affiliation agreement
established by the Department of Human Services, Division of Mental
Health and Hospitals.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by the
Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A.
30:14-1 et seq.), 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.
COMPREHENSIVE MANAGEMENT PLAN
As used in Article
XVIII, Pinelands Area Standards, the plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.
[Amended 8-3-1992 by Ord.
No. 403]
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and more specifically in Article
XVII, and upon the issuance of an authorization therefor by the Planning Board.
CONSERVATION EASEMENT
An easement which precludes future or additional development
of the land in order to preserve open space, a scenic view, a waterfront
or the facade of a building.
CONTIGUOUS LAND
As used in Article
XVIII, Pinelands Area Standards, 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 8-3-1992 by Ord.
No. 403; 5-3-1993 by Ord. No. 407]
COPPICING
A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 4-9-2012 by Ord.
No. 589]
CURB CUT
The opening along the curbline at which point vehicles may
enter or leave the roadway.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
CURB RETURN
The curb connecting the ramp curb to the street curb.
DENSITY
As used in Article
XVIII, Pinelands Area Standards, the average number of housing units per unit of land.
[Amended 8-3-1992 by Ord.
No. 403]
DECELERATION LANE
An added roadway lane that permits cars to slow down and
leave the main vehicular stream.
DEPARTMENT
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, the New Jersey Department of Transportation.
DEVELOPMENT
A.
As used in Article
XVIII, Pinelands Area Standards, the change or enlargement of any use or disturbance of any land, the performance of any building or mining disturbance 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:
[Amended 8-3-1992 by Ord.
No. 403]
(1)
A change in type of use of a structure or land.
(2)
A reconstruction or alteration of the size or material change
in the external appearance of a structure or land.
(3)
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.
(4)
The commencement of resource extraction, drilling or excavation
on a parcel of land.
(5)
The demolition of a structure or removal of trees.
(6)
The deposit of refuse, solid or liquid waste or fill on a parcel
of land.
(7)
In connection with the use of land, the making of any material
change in noise levels, thermal conditions or emissions of waste material.
(8)
The alteration, either physically or chemically, of a shore,
bank or floodplain, seacoast, river, stream, lake, pond, wetlands
or artificial body of water.
(9)
The commencement of forestry activities.
B.
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, the construction, reconstruction, creation or establishment of any structure or the planting of a tree.
DEVELOPMENT APPROVAL
As used in Article
XVIII, Pinelands Area Standards, any approval granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4, Part II or Part IV.
[Amended 8-3-1992 by Ord.
No. 403]
DEVELOPMENT, MAJOR
As used in Article
XVIII, Pinelands Area Standards, 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.
[Amended 8-3-1992 by Ord.
No. 403]
DEVELOPMENT, MINOR
As used in Article
XVIII, Pinelands Area Standards, all developments other than major developments.
[Amended 8-3-1992 by Ord.
No. 403]
DIRECTOR
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, and Article
XX, Heliports, Helistops and Helipads, the Director of the New Jersey Division of Aeronautics.
DISKING
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 4-9-2012 by Ord.
No. 589]
DIVERT or DIVERSION
The taking of water from a river, stream, lake, pond, aquifer,
well, other underground source, or other waterbody, whether or not
the water is returned thereto, consumed, made to flow into another
stream or basin, or discharged elsewhere.
[Added 4-22-2024 by Ord. No. 752]
DIVISION
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, the Division of Aeronautics.
DRAINAGE
As used in Article
XVIII, Pinelands Area Standards, the removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during or after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
[Amended 8-3-1992 by Ord.
No. 403]
DRAINAGE EASEMENT
An easement required for the installation of storm sewers
or drainage ditches and/or required for the preservation or maintenance
of a natural stream, watercourse or other drainage facility.
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 4-9-2012 by Ord.
No. 589]
DWELLING
As used in Article
XVIII, Pinelands Area Standards, any structure or portion thereof which is designed or used for residential purposes.
[Amended 8-3-1992 by Ord.
No. 403]
DWELLING CONVERSION
The conversion or alteration of an existing dwelling into
two or more dwelling units with each unit designed to provide living
facilities, including kitchen, for one family; such conversions may
permit horizontal separation of the units.
DWELLING, ONE-FAMILY
A detached residential structure designed to provide living
facilities, including kitchen, for one family only. (Also see "dwelling
unit.")
DWELLING, ONE-FAMILY SEMIDETACHED
One of two attached one-family dwelling units having a common
wall between each unit and individual rear yards and/or front yards
designed as an integral part of each one-family dwelling unit.
DWELLING, QUADRAPLEX
A residential structure, not to exceed two stories, comprised
of four dwelling units with each unit designed to provide living facilities,
including kitchen, for one family and each unit separated from the
other by a vertical wall(s).
DWELLING, TRIPLEX
A residential structure, not to exceed two stories, comprised
of three dwelling units with each unit designed to provide living
facilities, including kitchen, for one family and each unit separated
from the others by vertical wall(s).
DWELLING, TWO-FAMILY SEMIDETACHED
Any residential structure, not to exceed two stories, comprised
of two dwelling units with each unit designed to provide living facilities,
including kitchen, for one family and each unit separated by a vertical
wall.
DWELLING UNIT
A group of rooms providing living facilities, including kitchen,
for one family.
EASEMENT
The grant of one or more property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
ELECTRIC DISTRIBUTION LINES
As used in Article
XVIII, Pinelands Area Standards, all electric lines other than electric transmission lines.
[Amended 8-3-1992 by Ord.
No. 403]
ELECTRIC TRANSMISSION LINES
As used in Article
XVIII, Pinelands Area Standards, 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 another substation of the utility company; a substation of or interconnection point with another interconnecting utility company; or a substation of a high-load customer of the utility.
[Amended 8-3-1992 by Ord.
No. 403]
ERECT
To build, construct, attach, hang, place, suspend or affix,
and shall include signs painted directly on a wall surface.
EROSION
As used in Article
XVIII, Pinelands Area Standards, the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
[Amended 8-3-1992 by Ord.
No. 403]
FAMILY
One or more persons, related by blood or marriage, occupying
a dwelling unit and living as a single, nonprofit 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 fewer 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
care services:
A.
The child being cared for is legally related to the provider;
or
B.
The child being cared for as part of a cooperative agreement
between parents for the care of their children by one or more of the
parents, where no payment for the care is being provided.
FAST-TRACK
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, an accelerated system of application procedure and review.
FENCE
As used in Article
XIII, Fences and Signs, an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FIRE HAZARD
As used in Article
XVIII, Pinelands Area Standards, the classification of a parcel of land in accordance with the provisions of §
150-178 of Article
XVIII.
[Amended 8-3-1992 by Ord.
No. 403]
FISH AND WILDLIFE MANAGEMENT
As used in Article
XVIII, Pinelands Area Standards, the changing of the characteristics and interactions of fish and wildlife population and their habitat in order to promote, protect and enhance the ecological integrity of those populations.
[Amended 8-3-1992 by Ord.
No. 403]
FOREST STAND
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Amended 8-3-1992 by Ord.
No. 403; 4-9-2012 by Ord. No. 589]
FORESTRY
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444; 4-9-2012 by Ord. No. 589]
A.
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
B.
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
C.
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
D.
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
E.
Removal or planting of trees for the personal use of the parcel
owner; and
F.
Removal of trees for public safety.
GARAGE, PRIVATE
A building used as an accessory to the main building which
provides for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public, operated for gain and which is used for the equipping, adjusting,
storage, rental, repair, greasing, washing, polishing or other cleaning
and servicing of automobiles or other motor vehicles, including the
supplying of gasoline or oil or other fuel for vehicular propulsion.
This term shall include gasoline filling and motor vehicle service
stations but shall not be construed to include motor vehicle showrooms
for new or used motor vehicles.
GOLF COURSE
An area of 50 or more contiguous acres containing a full-size
golf link, at least nine holes totaling a minimum of 2,700 yards from
tee to green, together with usual accessory uses, provided that the
operation of such facilities is incidental and subordinate to the
operation of the golf course.
GRADE
As used in Article
XXIII, Manufactured Homes, a reference plane consisting of the average finished ground level adjacent to a structure, building or facility at all visible exterior walls.
GROSS HABITABLE FLOOR AREA
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy. Said
areas shall be measured between the inside face of exterior walls
or from the center line of walls separating two dwelling units. Said
areas shall not include areas below the average level of the adjoining
ground, garage space or accessory building space.
GROUP HOME
Any single-family dwelling used in the placement of children,
recognized as a group home by the Department of Institutions and Agencies
in accordance with rules and regulations adopted by the Commissioner;
provided, however, that no group home shall contain more than 12 children.
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 4-9-2012 by Ord.
No. 589]
HABITAT
As used in Article
XVIII, Pinelands Area Standards, the natural environment of an individual animal or plant population or community.
[Amended 8-3-1992 by Ord.
No. 403]
HEIGHT
As used in Article
XVIII, Pinelands Area Standards, the vertical distance of a building measured from grade to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roof. For structures, the vertical distance measures from grade to its highest point.
[Amended 8-3-1992 by Ord.
No. 403]
HELICOPTER
As used in Article
XX, Heliports, Helistops and Helipads, a rotary wing aircraft that depends principally upon the lift generated by engine-driven rotors rotating on a substantially vertical axis for its primary means of propulsion.
HELIPAD
As used in Article
XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose. Such areas may be designated in parking lots, on golf courses, within parks or athletic fields or on properly constructed and approved rooftops.
HELIPORT
As used in Article
XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such areas may include passenger and cargo facilities, fueling service, storage space, tie-down spaces, hangars and other accessory facilities.
HELISTOP, PRIVATE
As used in Article
XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose. Such area shall be limited to the operation of helicopters which are owned and controlled by the owner or the occupant of the premises or by guests or patrons of such owner-occupant. Such area may include refueling but no maintenance, repair or hangar facilities, except that a tie-down area may be provided for and limited to the accommodation of a single helicopter.
HELISTOP, PUBLIC
As used in Article
XX, Heliports, Helistops and Helipads, an area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose. Such area shall be open to use by any helicopter regardless of ownership and control. Such area shall not include any refueling, maintenance, repair or hangar facilities except that a tie-down may be provided for and limited to a single helicopter.
HISTORIC RESOURCE
As used in Article
XVIII, Pinelands Area Standards, 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 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444]
HOME OCCUPATION
As used in Article
XVII, Conditional Use Standards, an office for professional or vocational activity carried on for gain by a resident, conducted as an accessory use within the resident's dwelling or in a separate structure which is accessory to the residential use, such as a garage that is located on the same site.
HOME PROFESSIONAL OCCUPATION
The office of a member of a recognized profession when conducted
on residential property. Such occupations shall be limited to those
of doctors, lawyers, architects, engineers, artists, ministers, musicians
and other recognized professional persons.
HOUSEHOLD PETS
Those animals traditionally kept as pets, such as dogs or
cats, but not including such animals traditionally kept as livestock.
HYDROLOGIC UNIT CODE-11 or HUC-11
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.
[Added 4-22-2024 by Ord. No. 752]
HYDROPHYTES
As used in Article
XVIII, Pinelands Area Standards, any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
[Amended 8-3-1992 by Ord.
No. 403]
IMMEDIATE FAMILY
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444; 4-8-2019 by Ord. No. 676]
IMPERMEABLE SURFACE
As used in Article
XVIII, Pinelands Area Standards, any surface which does not permit fluids to pass through or penetrate its pores and spaces.
[Amended 8-3-1992 by Ord.
No. 403]
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, as amended and supplemented, available with
user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, New Jersey 08873. Such surfaces may have varying degrees
of permeability
[Added 4-9-2012 by Ord.
No. 589]
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 4-9-2012 by Ord.
No. 589]
INSTITUTIONAL USE
As used in Article
XVIII, Pinelands Area Standards, 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; cemeteries; public office buildings; and other similar facilities.
[Amended 8-3-1992 by Ord.
No. 403]
INTERESTED PERSON OR PARTY
As used in Article
XVIII, Pinelands Area Standards, any person whose right to use, require 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.
[Amended 8-3-1992 by Ord.
No. 403]
INTERIM RULES AND REGULATIONS
As used in Article
XVIII, Pinelands Area Standards, the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act 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.
[Amended 8-3-1992 by Ord.
No. 403]
ISLANDS
Built-up structures, usually curbed, placed at the end of
parking rows as a guide to traffic and also used for landscaping,
signing or lighting.
JUNKYARD
Any area and/or structure used or intended to be used for
the conducting and operation of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
LAND
As used in Article
XVIII, Pinelands Area Standards, 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.
[Amended 8-3-1992 by Ord.
No. 403]
LANDING AND TAKEOFF AREA
As used in Article
XX, Heliports, Helistops and Helipads, a specific area of defined dimensions to which the helicopter approaches for landing or from which it departs, and includes the touchdown area.
LANDSCAPING
The provision of lawns, trees, plants and other natural and
decorative features in order to improve the visual and climatic condition
of the land.
LOCAL COMMUNICATIONS FACILITY
As used in Article
XVIII, Pinelands Area Standards, 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 6-2-1997 by Ord.
No. 444]
LOCAL STREET
A street designed to provide access to the abutting property
and to discourage through traffic, generally connecting to a collector.
LOT
As used in Article
XIV, Layout of Blocks and Lots, a parcel, tract or area of land established by plat or subdivision as permitted by law, to be used, developed or built upon as a unit.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a street right-of-way shall
not be included in calculating lot area.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT COVERAGE
That percentage of the lot area which may be devoted to building
area.
LOT DEPTH
A mean horizontal distance between the front and rear lot
lines, measured at right angles to the streets at two equidistant
points on the front lot lines and in the general direction of said
lot lines.
LOT FRONTAGE
The lot line which is coexistent with the street line and
which shall be measured along the building line setback specified
under the front yard requirements of the zoning schedule. In the case of lots which front on curbs, streets or culs-de-sac,
the frontage shall be measured along the tangent of the center of
the arc at the building line set forth for the zone.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space.
MAJOR ARTERIAL STREET
A roadway of limited access, such as New Jersey Route 55,
which carries traffic on multilanes from one region to another within
the state, generally connecting with interstate routes.
MAJOR COLLECTOR STREET
A street which serves to collect traffic from the minor collector
streets and is part of the network which comprises the main movers
of traffic within the borough, generally connecting to a minor arterial.
MANUFACTURED HOME
As used in Article
XXIII, Manufactured Homes, a unit of housing which:
A.
Consists of one or more transportable sections which are substantially
constructed off site, and if more than one section, are joined together
on site;
B.
Is built on a permanent chassis;
C.
Is designed to be used, when connected to utilities, as a dwelling
on a permanent or nonpermanent foundation; and
D.
Is manufactured in accordance with the provisions of the National
Manufactured Housing Standards Act of 1974, P.L. 93-383 (42 U.S.C.
§ 5401 et seq.), and the standards set for a manufactured
or mobile home by the Commissioner of the Department of Community
Affairs pursuant to the State Uniform Construction Code Act, P.L.
1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
MANUFACTURING
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
MENTALLY ILL PERSON
A person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-27.2, 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.
MINOR ARTERIAL STREET
A roadway, such as New Jersey Route 40, which serves to collect
traffic from the major collectors, carry it through the borough and
into adjacent counties.
MINOR COLLECTOR STREET
A street which serves to collect traffic from local streets,
generally connecting to a major collector.
MINOR SITE PLAN
A development plan on a vacant tract of land which proposes
construction of 1,000 square feet of floor area or less; has provision
for 10 parking spaces or fewer; involves an application to conduct
a business use or home occupation within the property owner's residence
or an accessory structure thereto; involves an application to construct
or expand one- or two-family residences, including accessory buildings
which are located within a designated flood zone; or involves construction
of a residence on lots of record which are required to be reviewed
in order to alleviate or prevent drainage problems.
MINOR STREET
A street which carries very little traffic, such as a cul-de-sac,
and serves only as access to the abutting lots, generally connecting
to a local street.
MINOR SUBDIVISION
A subdivision of land to create two new lots and the remainder
lot, provided that the subdivision does not involve a new street or
the extension of an off-tract improvement, the cost of which is to
be prorated.
MOBILE HOME PARK
As used in Article
XXIII, Manufactured Homes:
A.
A parcel of land or two or more parcels of land, containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purpose of leasing each site to the owner of a manufactured home
for the installation thereof, and where the owner or owners provide
services, which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include but shall not be limited to:
(1)
The construction and maintenance of streets.
(2)
The lighting of streets and other common areas.
(5)
Provisions for the drainage of surface water from home sites
and common areas.
B.
A parcel, or any contiguous parcels of land which contain, on the effective date of this chapter, no fewer than three sites equipped for the installation of manufactured homes and which otherwise conform to the provisions of this definition shall qualify as a mobile home park for the purposes of Article
XXIII, Manufactured Homes.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 4-9-2012 by Ord.
No. 589]
NONCONFORMING LOT
A lot, the area dimensions or location of which was lawful
prior to the adoption, revision or amendment of the zoning schedules, but which, by reason of such adoption, revision or amendment,
fails to conform to the present requirements of the zone.
NONCONFORMING STRUCTURE OR BUILDING
A structure or building, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
the zoning provisions of this chapter, but which fails, by reason
of such adoption, revision or amendment, to conform to the present
requirements of the zoning district.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of the zoning provisions of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
NONCONSUMPTIVE USE
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.
[Added 4-22-2024 by Ord. No. 752]
NONPERMANENT FOUNDATION
As used in Article
XXIII, Manufactured Homes, any foundation consisting of nonmortared blocks, wheels, concrete slab or runners, or any combination thereof, or any other system approved by the Commissioner of the Department of Community Affairs for the installation and anchorage of a manufactured home on other than a permanent foundation.
OBSTRUCTION, OBSTACLE AND/OR HAZARD
As used in Article
XX, Heliports, Helistops and Helipads, any natural or man-made objects or uses of land or water which obstruct or are hazardous to the airspace specified by the State or Federal Aviation Administration for the maneuvering of aircraft or to the accessibility of airspace to the public participating in aeronautical activities.
OFF-SITE COMMERCIAL ADVERTISING SIGN
As used in Article
XVIII, Pinelands Area Standards, 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.
[Amended 8-3-1992 by Ord.
No. 403]
OVERHANG
The portion of a vehicle which extends beyond the wheel stops
or curb, approximately 2.5 feet.
PARCEL
As used in Article
XVIII, Pinelands Area Standards, 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.
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444]
PARKING SPACE
A space available to the general public in nonresidential
zones for the parking of motor vehicles. Said space shall measure
at least 9.5 feet by 19 feet, exclusive of accessways. "Parking spaces"
reserved for employees only may measure 9 feet by 19 feet.
PARTY DRIVEWAY
A single way providing vehicular access to two adjoining
properties.
PERIPHERAL AREA
As used in Article
XX, Heliports, Helistops and Helipads, a safety zone that provides an additional obstruction-free surface on all sides of a prescribed helicopter landing and takeoff area.
PERMANENT FOUNDATION
As used in Article
XXIII, Manufactured Homes, a system of support installed either partially or entirely below grade, which is:
A.
Capable of transferring all design loads imposed by or upon
the structure into soil or bedrock without failure.
B.
Placed at an adequate depth below grade to prevent frost damage.
C.
Constructed of material approved by the Commissioner of the
Department of Community Affairs.
PERSON
A.
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, any corporation, company, association, society, firm, partnership, joint-stock company, individual, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.
B.
As used in Article
XVIII, Pinelands Area Standards, an individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.
[Amended 8-3-1992 by Ord.
No. 403]
PINELANDS
As used in Article
XVIII, Pinelands Area Standards, the Pinelands National Reserve and the Pinelands Area.
[Amended 8-3-1992 by Ord.
No. 403]
PINELANDS AREA
As used in Article
XVIII, Pinelands Area Standards, the area designated as such by Sections 3i and l0a of the Pinelands Protection Act.
[Amended 8-3-1992 by Ord.
No. 403]
PINELANDS DEVELOPMENT CREDITS
As used in Article
XVIII, Pinelands Area Standards, a use right allocated to certain lands within the borough pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in other municipalities which have adopted appropriate ordinances permitting their use.
[Amended 8-3-1992 by Ord.
No. 403]
PINELANDS DEVELOPMENT REVIEW BOARD
As used in Article
XVIII, Pinelands Area Standards, 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 period.
[Amended 8-3-1992 by Ord.
No. 403]
PINELANDS RESOURCE-RELATED USE
As used in Article
XVIII, Pinelands Area Standards, 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 8-3-1992 by Ord.
No. 403]
PLANT, THREATENED OR ENDANGERED
As used in Article
XVIII, Pinelands Area Standards, a Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
[Amended 8-3-1992 by Ord.
No. 403]
PRELIMINARY APPROVAL
The conferral of certain rights specified herein prior to
final approval after elements of the preliminary plan have been reviewed
and approved.
PROTECTION AREA
As used in Article
XVIII, Pinelands Area Standards, all land within the Pinelands Area which is not included in the preservation area.
[Amended 8-3-1992 by Ord.
No. 403]
PUBLIC BODY
Any government or governmental agency of the Borough of Buena,
Atlantic County, the State of New Jersey or the United States of America.
PUBLIC DEVELOPMENT
As used in Article
XVIII, Pinelands Area Standards, development, including subdivision, by any township or other governmental agency.
[Amended 8-3-1992 by Ord.
No. 403]
PUBLIC SERVICE INFRASTRUCTURE
As used in Article
XVIII, Pinelands Area Standards, 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.
[Amended 8-3-1992 by Ord.
No. 403]
RAMP
A sloping roadway or passage used to join two different levels
of streets, structures or buildings; or a driveway leading to parking
facilities.
RECOMMENDED MANAGEMENT PRACTICE
As used in Article
XVIII, Pinelands Area Standards, the management program which employs the most efficient use of available technology and natural, human and economic resources.
[Amended 8-3-1992 by Ord.
No. 403]
RECORD TREE
As used in Article
XVIII, Pinelands Area Standards, 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 6-2-1997 by Ord.
No. 444]
RECREATIONAL FACILITY, INTENSIVE
As used in Article
XVIII, Pinelands Area Standards, 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 8-3-1992 by Ord.
No. 403]
RECREATIONAL FACILITY, LOW-INTENSIVE
As used in Article
XVIII, Pinelands Area Standards, a facility or area which complies with the standards in 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.
[Amended 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444]
REFERENCE POINT
As used in Article
XX, Heliports, Helistops and Helipads, a point on the earth's surface, identified in terms of latitude and longitude to the nearest second, from which all linear measurements originate when applying the specific criteria to helicopter facilities. The facility reference point shall always be the exact center of the helicopter touchdown area.
RESIDENTIAL DENSITY, GROSS
The total number of dwelling units which may be or are developed
on an area of land, before requirements for public access and required
open space are provided.
RESIDENTIAL DENSITY, NET
The resulting number of dwelling units which may be or are
developed on a site or lot after public access and required open space
are provided.
RESOURCE CONSERVATION PLAN
As used in Article
XVIII, Pinelands Area Standards, a plan prepared for review by the Soil Conservation District which details the proposed use of agricultural recommended management practices.
[Amended 8-3-1992 by Ord.
No. 403]
RESTAURANT
Any establishment, however designated, at which food is sold
for consumption on the premises, but normally to patrons seated within
an enclosed building. However, a snack bar at a public or a community
playground, playfield, park or swimming pool operated solely by the
agency or group operating the recreational facilities and for the
convenience of patrons of the facility shall not be deemed to be a
restaurant.
RESTAURANT, DRIVE-IN
An establishment where patrons are served food, soft drinks,
ice cream and similar confections for principal consumption outside
the confines of the principal building or in automobiles parked upon
the premises, regardless of whether or not, in addition thereto, seats
or other accommodations are provided for the patrons.
REVISION
The relocation of lot lines previously approved or recorded
according to law or the relocation of any street or the establishment
of a new street, but does not include conveyances which combine existing
lots by deed.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or which is occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, waterline, sanitary storm sewer and other
similar uses and which grants the right of one to pass over the property
of another.
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 4-9-2012 by Ord.
No. 589]
RUNNERS
As used in Article
XXIII, Manufactured Homes, a system of support consisting of poured concrete strips running the length of the chassis of a manufactured home under the lengthwise walls of that home.
SCREENING
A method of visually shielding or obscuring one structure
or use from another structure or use by using walls, berms or densely
planted vegetation which acts as a visual barrier and a muffler of
noise.
SEASONAL HIGH-WATER TABLE
As used in Article
XVIII, Pinelands Area Standards, the level below the natural ground surface to which water seasonally rises in the soil in most years.
[Amended 8-3-1992 by Ord.
No. 403]
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 4-9-2012 by Ord.
No. 589]
SHADE TREES
Those trees which provide shade in the summer and shed their
leaves in the fall.
SHELTER
As used in Article
XX, Heliports, Helistops and Helipads, an enclosed structure to provide for the comfort of persons against rain, wind, sun and adverse weather.
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 4-9-2012 by Ord.
No. 589]
SHOPPING CENTER
A grouping of retail and personal service shops housed within
a single building or series of buildings designed and constructed
as a unit, which share common off-street parking facilities.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SIGN
Includes every sign, billboard, ground sign, wall sign, roof
sign, sign painted on the exterior of a building or structure, illuminated
sign, projecting sign, temporary sign, flag, pennant and badge, and
shall likewise include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interest of any person, firm or corporation when the same is placed
out of doors in view of the general public. EXCEPTION: This shall
not include official court or public notices, the flag or an emblem
or insignia of a government, a school or a religious group when displayed
for official purposes.
SIGN AREA or AREA OF SIGN
The area included within the edges of the sign or within
the outer edges of any frame attached thereto, whichever is greater.
Where the sign has no clearly defined frame or edge, the sign area
or area of a sign shall be defined by and in terms of four sides (straight
sides) which most closely outline such sign or frame. In no case,
however, shall the area of the frame exceed 25% of the total sign
area or area of the sign. All signs attached to the outside windows
or glass areas shall be considered as part of the total allowable
sign area for any structure or use.
SIGN, BULLETIN BOARD
A sign which identifies an institution or organization on
the premises of its location and which contains the name of the institution,
organization or the individuals connected with it, as well as general
announcements of events or activities occurring therein.
SIGN, CHANGEABLE COPY
A sign designed so that characters, letters or illustrations
can be changed or rearranged without altering the surface or the area
of the sign. Temporary signs and electronic digital signs are included
in this definition.
SIGN, CONSTRUCTION SITE
A sign giving the name or names of architects, artisans,
contractors or lending institutions responsible for the on-site construction,
as well as other related information.
SIGN, DIRECTIONAL
Any sign which indicates on-site traffic flow or access which
carries no advertising message.
SIGN, DIRECTORY
A sign giving the name or names and location of the occupants
of the building to which the sign is attached. Such signs may be painted
on the exterior doors of office buildings.
SIGN, FREESTANDING
Any nonmovable sign which is not affixed to a building. See
"sign, ground, pole or pylon."
SIGN, GROUND, POLE OR PYLON
A sign supported by structures, poles or pylons in or upon
the ground, independent of support of any building.
SIGN, IDENTIFICATION
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
SIGN, NONCONFORMING
Any sign which does not conform to the Table of Sign Standards under Article
XVI (Zoning Districts; Standards), §
150-122, Zoning schedules, or to the provisions of Article
XIII, Fences and Signs, or to the sign regulations of the New Jersey Uniform Construction Code.
SIGN, PROJECTING
A sign constructed and placed so that its surface extends
beyond the building or wall to which it is attached.
SIGN, REAL ESTATE
A sign which offers for sale, lease or rent the property
upon which the sign is placed.
SIGN, WALL
A sign painted on or affixed to and erected parallel to the
face of the outside wall, or recessed within the outside wall of a
building, which displays only one advertising surface. Such signs
may also be placed on decorative freestanding wall-like structures
which are sometimes placed along the frontage of or at the entrance
to a site.
SOLAR ENERGY FACILITY
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 4-8-2019 by Ord.
No. 676]
SPEED BUMP
A raised section of a paved surface or roadway designed to
interfere with and deter speeding traffic.
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it.
STORY, HALF
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story. A cellar
shall also be included as a half story.
STREET LINE
That line determining the limit of the highway rights of
the public, either existing or contemplated.
STREET SHADE TREE EASEMENT
An easement set adjacent to the public right-of-way boundaries
for the purpose of planting and maintaining street shade trees, usually
required where utilities and infrastructure have preempted space within
the dedicated public right-of-way.
STRUCTURAL ALTERATION
As used in Article
XVIII, Pinelands Area Standards, any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
[Amended 8-3-1992 by Ord.
No. 403]
STRUCTURE
A.
A combination of materials to form a construction that is safe
and stable and includes, among other things, stadiums, platforms,
radio towers, sheds, storage bins, fences and display signs.
B.
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, any object constructed or installed by man, including but not limited to buildings, towers, smoke stacks, chimneys and overhead transmission lines.
SWIMMING CLUB, PUBLIC
A public or privately owned pool open to the general public
on a membership basis and having appropriate dressing room facilities,
recreational facilities and off-street parking areas.
SWIMMING POOL, PRIVATE
A private swimming pool associated with a residential dwelling
unit or units and located on an individual residential lot.
TAXIING
As used in Article
XX, Heliports, Helistops and Helipads, a powered movement of an aircraft on the ground or on water from one area to another, usually just before takeoff or after landing. Helicopters may hover-taxi as well as ground-taxi dependent upon the type of landing gear and the surface area being used.
TAXIWAY
As used in Article
XX, Heliports, Helistops and Helipads, a pathway for the movement of an aircraft on the surface, usually connecting the landing and takeoff area with support facilities.
THINNING
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 4-9-2012 by Ord.
No. 589]
TOUCHDOWN AREA
As used in Article
XX, Heliports, Helistops and Helipads, a defined part of the heliport or helistop to which a helicopter will approach and actually alight (or come to a zero forward ground speed hover from the approach prior to touchdown or taxiing to another area) and from which helicopter departures shall originate.
TOUCHDOWN PAD
As used in Article
XX, Heliports, Helistops and Helipads, a designated area of the facility on which a helicopter will actually alight.
TRAILER
As used in Article
XXIII, Manufactured Homes, a recreational vehicle, travel trailer, camper or other transportable, temporary dwelling unit, with or without its own motor power, designed and constructed for travel and recreational purposes, to be installed on a nonpermanent foundation, if installation is required.
TRAILER COACH
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a place of day-to-day
habitation for one or more persons. This term shall also include automobile
trailers, mobile homes, house trailers and trailer coaches, excepting
therefrom travel trailers which are under eight feet in width and
under 25 feet in length and which are not used for purposes of day-to-day
habitation.
TRAILER COURT
Land and premises upon which two or more trailer coaches
occupied for dwelling or sleeping purposes are located. This term
shall include trailer coach parks and courts.
TRAILER, MOBILE HOME or CAMP CAR
As used in Article
XVI, Zoning Districts; Standards, any unit designed and used for living or sleeping purposes which is equipped with wheels or similar devices used for the purpose of transporting said unit from place to place, whether by motive power or other means, and without permanent foundation other than wheels, jacks or skirtings.
TREE
As used in Article
XIX, Air Safety and Hazardous Zoning Standards, an object of natural growth.
USE
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
UTILITY DISTRIBUTION LINES
As used in Article
XVIII, Pinelands Area Standards, lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewer 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 8-3-1992 by Ord.
No. 403; 6-2-1997 by Ord. No. 444]
WETLANDS
As used in Article
XVIII, Pinelands Area Standards, those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands includes lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
[Amended 8-3-1992 by Ord.
No. 403]
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 4-9-2012 by Ord.
No. 589]
WETLANDS SOILS
As used in Article
XVIII, Pinelands Area Standards, 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, Berryman, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
[Amended 8-3-1992 by Ord.
No. 403]
YARD, FRONT
An open unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front lot line of the building, projected
to the side lines of that lot. Setback lines shall be synonymous with
the rear limit of the required front yard area.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building
on the same lot. The depth of a rear yard shall be measured at right
angles to the rear line of the lot or, if the lot is not rectangular,
then in the general direction of its side building lines.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest line to the building and extending from the front
yard to the rear yard or, in the absence of either side yards, to
the street or rear lot lines as the case may be. The width of a side
yard shall be measured at right angles to the side line of the lot.
ZONING BOARD
The officially established Zoning Board of Adjustment of
the Borough of Buena.
ZONING OFFICER
The officially established Zoning Officer of the Borough
of Buena.