Definitions.
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to garages, carports, decks, kennels, sheds, non-portable swimming pools, and all roofed structures. Any accessory building or structure attached to the principal building shall be considered part of the principal building for required setbacks except as otherwise provided in this chapter for decks under §
55-187.
[Amended 9-11-95 by Ord. No. 1995-41 § 5 and Ord.
No. 1995-42 § 5]
ADMINISTRATIVE OFFICER
The Community Development Director, unless a different municipal official is designated by Article
III, §
55-80 of the Land Use Ordinance, is designated to administer certain of the responsibilities and authorities specified for the Administrative Officer in N.J.S.A. 40:55D-1 et seq.
[Amended 12-5-94 by Ord. No. 1994-29 §§ 1,
2]
AGRICULTURAL COMMERCIAL ESTABLISHMENT - DIVISION 1: PINELANDS
- WEST OF PARKWAY
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 processing
facilities such as a farm itself, nor facilities which are solely
processing facilities.
[Amended 4-3-89 by Ord. No. 1989-8]
AGRICULTURAL USE - DIVISION 2: PINELANDS - WEST OF PARKWAY
Any production of plants or animals useful to man, including
but not limited to: forages or sod 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.
AGRICULTURE
The growing and harvesting of crops and/or the raising and
breeding of poultry and livestock, including dairies, nurseries, greenhouses
and accessory buildings incidental to agricultural uses.
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 10-7-03 by Ord. No. 2003-33; amended 3-5-2019 by Ord. No. 2019-4]
ALTERATION OF BUILDING
Any change in supporting members of a building, except such
change as may be required for its safety; any addition to a building;
any change in use from one district classification to another; or
removal or a building from one location to another.
APARTMENT
A portion of a building consisting of a room or group of
rooms used as a dwelling for a family and set apart as a separate
unit from other units or portions of a building.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - DIVISION 1: EAST AND WEST OF PARKWAY
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
APPROVAL AGENCY
Any board, body or other authority within the township with
authority to approve or disapprove subdivisions, site plans, construction
permits or other applications for development approval.
ASSISTED LIVING FACILITY - DIVISION 1: EAST OF PARKWAY
A facility licensed by the New Jersey Department of Health
and Senior Services pursuant to N.J.A.C. 8:36 which is designed and
operated to provide apartment style housing and congregate dining
while assuring that a coordinated array of supportive personal and
health services are available, as needed, to four or more adult persons
unrelated to the proprietor. Each unit in an assisted living facility
shall offer, at minimum, one unfurnished room, a private bathroom,
a kitchenette and a lockable door on the unit entrance. For purposes
of this chapter, assisted living facility shall include assisted living
residences and assisted living programs as defined at N.J.A.C. 8:36-1.3.
[Added 10-5-98 by Ord. No. 1998-22 § 1; amended 2-2-2021 by Ord. No. 2021-4]
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 9-6-11 by Ord. No. 2011-14]
AUTOMOBILE FILLING STATIONS
Lands and buildings providing for the retail sale of motor
vehicle fuels, lubricants and automotive accessories and convenience
stores or mini marts for the sales of snacks, beverages, food staples
such as milk and bread, and travel accessories such as sunglasses,
aspirin, etc. Filling stations may include ancillary facilities for
rendering services such as lubrication, oil changing, maintenance,
car washing and detailing. No repairs or painting or the storage of
inoperable or unregistered vehicles shall be permitted. Additionally,
no car or truck rental, parking for a fee or other activity not specifically
a part of the service station use shall be permitted.
[Amended 8-17-98 by Ord. No. 1988-13 § 1 and Ord. No. 1998-14 § 1]
AUTOMOTIVE REPAIR GARAGES
Lands and buildings providing the maintenance, servicing
and repairs of motor vehicles including minor and major repairs, and
detailing. No storage of junked or unregistered vehicles, body repairs
or painting shall be permitted.
[Added 8-17-98 by Ord. No. 1998-13 § 2 and Ord. No. 1998-14 § 2]
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 9-6-11 by Ord. No. 2011-14]
BLOCK
The length of a street between two (2) street intersections
or a distance of one thousand (1,000) feet from the nearest street
intersection.
BOATYARD
An establishment, the primary function of which is boat construction,
boat repair, maintenance and storage or a combination of these services
and facilities.
BROADCAST SCARIFICATION
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce above-ground
shrub cover, debris, leaf litter and humus without disturbance to
mineral soil horizons and associated roots.
[Added 9-6-11 by Ord. No. 2011-14]
BUFFER AREA
A strip of land which separates multi-family, commercial,
office or industrial-type districts from adjoining residential districts
so as to allow adequate screening of view, noise or activity taking
place within these districts from adjoining residences. Within any
such buffer area, no buildings, structures, driveways, parking or
loading area or other use of the land shall be permitted unless otherwise
provided in this chapter.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
The total areas of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
BUILDING HEIGHT[Amended 6-1-15 by Ord.
No. 2015-03]
A.
|
For residential properties which are not located in a flood
hazard area (FHA), as defined by N.J.A.C. 7:13, building height shall
be the vertical dimension measured from the average elevation of the
finished grade at the front of the building to the highest point of
the roof for flat roofs; the average distance between eaves and ridge
level for gable, hip and gambrel roofs; and to the deck level for
mansard roofs. Building height shall be a maximum of thirty-five (35)
feet and 2.5 stories.
|
B.
|
For residential properties which are located in a flood hazard
area (FHA), as defined by N.J.A.C. 7:13, building height shall be
the vertical dimension measured from the flood hazard area design
flood elevation, as defined by N.J.A.C. 7:13 (Design flood is the
BFE required height plus one (1) foot of freeboard), to the highest
point of the roof for flat roofs; the average distance between eaves
and ridge level for gable, hip and gambrel roofs; and to the deck
level for mansard roofs. Building height in a FHA shall be a maximum
of thirty-two (32) feet and 2.5 stories.
|
C.
|
For non-residential properties, building height shall be the
vertical dimension measured from the average elevation of the finished
grade at the front of the building to the highest point of the roof
for flat roofs; the average distance between the eaves and ridge level
for gable, hip and gambrel roofs; and to the deck level for mansard
roofs. Building height shall be as required by the zoning district
requirements.
|
Editor's Note: See also the definition of "Height."
|
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 on any side. In the case of a cantilevered
or projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the building line.
BUILDING SETBACK LINE
The line to which the principal building must conform in
its setback from the street line.
CERTIFICATE OF APPROPRIATENESS - DIVISION 1: PINELANDS - WEST
OF PARKWAY
A certificate issued by the local Preservation Board signifying
its approval of plans to alter, remodel, relocate, or demolish a designated
historic resource or to undertake development in a designated historic
district in the Pinelands Area. For the purposes of this chapter the
Township of Barnegat Planning Board shall be designated as the local
Preservation Board.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector and certified
by the Zoning Officer upon completion of the construction of a new
building or upon a change or conversion of the structure or use of
a building, which certifies that all requirements and regulations
as provided herein and all other applicable requirements have been
complied with, and as further defined and delineated in the New Jersey
State Construction Code.
CLEAR-CUTTING
A silvicultural practice involving removal of an entire forest
stand in one (1) 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 9-6-11 by Ord. No. 2011-14]
CLUBHOUSE
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other public place.
CLUSTER DEVELOPMENT
A development technique based on the dwelling unit density
for the tract, which allows the lot sizes for dwellings to be reduced
so that individual segments of the tract have higher densities, provided
that other portions of the tract are dedicated for public and/or private
open spaces so that the gross density limitation of the entire tract
is not exceeded.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMPLETE APPLICATION
An application form completed as specified in this chapter
and in accordance with the rules and regulations of the appropriate
municipal agency as defined herein, and all accompanying documents
required by this chapter or other ordinances of the Township of Barnegat
for approval of the application for development, including where applicable,
but not limited to, a site plan or subdivision plat; provided that
the appropriate municipal agency may require such additional information
not specified in this chapter or other ordinance, or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency. An application shall be certified as complete immediately
upon the meeting of all requirements specified in this chapter or
other ordinances and in the rules and regulations of the municipal
agency, and shall be deemed complete as of the day it is so certified
by the administrative officer, as defined herein, for purposes of
the commencement of the time period for action by the municipal agency.
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 the zoning regulations and upon the issuance of an
authorization therefor by the municipal agency.
CONGREGATE CARE FACILITIES
A congregate care facility may include residential units
and common dining facilities, recreational activities, and other accessory
uses for the exclusive benefit of its residents, regulated by N.J.A.C.
8:33H AND 8:36-1 et seq.
[Added 7-6-2023 by Ord. No. 2023-23]
CONSTRUCTION
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings or structures.
CONTIGUOUS LANDS
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, roads, rights-of-way, and easements shall not
affect the contiguity of land.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
An age-restricted development regulated in accordance with
the rules of the New Jersey Department of Community Affairs pursuant
to N.J.A.C. 5:19-1.1 et seq. that provides a continuum of accommodations
and care, from independent living to long-term bed care, and enters
into contracts to provide lifelong care in exchange for the payment
of monthly fees and an entrance fee in excess of one year of monthly
fees and an entrance fee in excess of one year of monthly fees. This
type of development is also referred to as a "life-care center."
[Added 7-6-2023 by Ord. No. 2023-23]
CONVENIENCE STORE
A relatively small food market where prepackaged foods, magazines
and newspapers, cigarettes, dairy products, and/or other similar foods
and items are sold for consumption of use elsewhere, including those
establishments where, as a secondary use of the premises, prepared
food (e.g., meats, cheeses, salads, etc.) are sold over the counter
in sandwiches or are packaged for take out.
[Added 8-17-98 by Ord. No. 1998-13 § 2 and Ord. No. 1998-14 § 2]
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 9-6-11 by Ord. No. 2011-14]
COURT
An open, unobstructed space other than a yard. An outer court
is one which extends to the street or to the front or rear yard. An
inner court is any other court.
DAY
For the purpose of computing time limits, the word day refers
to a calendar day.
DECK
A horizontal platform constructed of wood, fiberglass or other combination of materials, serving as an outdoor open-air accessory floor area, with or without railings, whether built at grade or elevated. See §
55-187 for specific regulations.
[Added 9-11-95 by Ord. No. 1995-41 § 5 and Ord. No. 1995-42 § 5]
DENSITY
The average number of dwelling units per area of land measured
in acres.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT - DIVISION 1: EAST OF PARKWAY
The division of a parcel of land into two (2) or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to the Municipal
Land Use Law.
DEVELOPMENT - DIVISION 2: PINELANDS - WEST OF PARKWAY
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 (2) or more parcels, and the creation of termination
of rights of access or riparian rights including, but not limited
to:
(1)
A change in type of use of a structure or land;
(2)
A reconstruction, 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 an
increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
(4)
Commencement of resource extraction drilling, or excavation
on a parcel of land;
(5)
Commencement of forestry activities;
[Amended 6-5-89 by Ord. No. 1989-14]
(6)
Demolition of a structure or removal of trees;
(7)
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
(8)
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
(9)
Alteration, either physically or chemically, of a shore, bank
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
DEVELOPMENT APPROVAL - DIVISION 1: PINELANDS - WEST OF PARKWAY
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances
pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance
of a construction permit, subdivision or site plan approval.
DEVELOPMENT, MAJOR - DIVISION 1: PINELANDS - WEST OF PARKWAY
Any division of land into five (5) or more lots; any construction
or expansion of any housing development of five (5) or more dwelling
units; any construction or expansion of any commercial or industrial
use or structure on a site of more than three (3) acres; or any grading,
clearing, or disturbance of an area in excess of five thousand (5,000)
square feet.
[Added 6-5-89 by Ord. No. 1989-14]
DEVELOPMENT REGULATION
Zoning, sub-division, site plan, Official Map or other municipal
regulation of the use and development of land or amendment thereto,
adopted and filed pursuant to the Municipal Land Use Law.
DISKING
A silvicultural practice involving the drawing of one (1)
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 9-6-11 by Ord. No. 2011-14]
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of stormwater sewers
or drainage ditches or those required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage, in accordance with N.J.S.A.
58:1-1 to 58:1-34.
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 9-6-11 by Ord. No. 2011-14]
DWELLING, ATTACHED
One (1) dwelling unit in a line of three (3) or more attached
dwelling units, with each dwelling unit extending from the ground
to the roof and having individual outside access.
DWELLING, DETACHED
A building containing one (1) dwelling unit, which is designed
for use as a single housekeeping unit.
DWELLING, MULTIPLE-FAMILY
Any building under a single roof, with or without fire wall
partitions, designed for occupancy by three (3) or more households
living as families.
DWELLING, SINGLE-FAMILY
A detached dwelling designed for use by a single household,
including one (1) or more people living as a family.
DWELLING, TOWNHOUSE
One (1) of a series of at least three (3) attached single-family
dwelling units separated from one another by continuous vertical walls
without opening from basement to roof.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two (2)
families living independently of each other.
DWELLING UNIT
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one (1) family.
EASEMENT
A right to use the real property of another created by deed
or other legal means, for the benefit of private persons or the public,
for one or more specific purposes such as access, drainage, conservation,
or provision of utility services.
[Added 8-17-98 by Ord. No. 1998-13 § 2 and Ord. No. 1998-14 § 2]
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.
[Added 6-5-89 by Ord. No. 1989-14]
ENGINEER, TOWNSHIP
The official licensed professional engineer appointed by
the Township Committee of Barnegat.
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in the size of any other existing structure, or an increase
in that portion of a tract of land occupied by an existing use.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968,
Chapter 245, N.J.S.A. 40:56A-1 et seq.
EROSION
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be equivalent to or exceed standards adopted by the Ocean County
Soil Conservation District pursuant to P.L. 1975, c. 251, the State
of New Jersey Soil Erosion and Sedimentation Control Act.
EXCAVATION or CUT
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
FAMILY
One (1) or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, but not exceeding two
(2), living and cooking together as a single housekeeping unit though
not related by blood, adoption or marriage shall be deemed to constitute
a family.
FINAL APPROVAL
The official action of the Planning Board, or in some cases
the Board of Adjustment, taken on a preliminary approved major subdivision
or site plan after all conditions, engineering plans and other requirements
have been completed or fulfilled and the required improvements have
been installed or guaranties properly posted for their completion,
or the approval conditioned upon the posting of such guaranties.
FLOODWAY - DIVISION 1: PINELANDS - WEST OF PARKWAY
The channel and portions of the adjacent floodplain that
carry the greater part of flood flow at greater depths and velocities
than do the other parts of the floodplain; that constitute the minimum
area required for the passage of flood flows without aggravating flood
conditions upstream and downstream; and that are necessary to preserve
the natural regimen of the stream for the reasonable passage of the
(floodway) design flood.
FLOOR AREA, GROSS
The total area of a structure for residential purposes or
for business or commercial activities, which, in the case of the latter,
includes facilities, showcase facilities and storage and sales facilities.
For residential uses the gross floor area shall not include open porches,
garages, basements, cellars and floor area with a headroom of less
than seven (7) feet three (3) inches. Areas used for public halls
or stairways in multifamily dwellings shall not be counted as gross
floor area.
FORESTRY - DIVISION 1: PINELANDS - WEST OF PARKWAY
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:
[Added 6-5-89 by Ord. No. 1989-14; amended 12-16-96 by Ord. No. 1996-60 § 56; 9-6-11 by Ord. No. 2011-14]
(1)
Removal of trees located on a parcel of land one (1) acre or
less on which a dwelling has been constructed;
(2)
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
(3)
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
(4)
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
(5)
Removal or planting of trees for the personal use of the parcel
owner; and
(6)
Removal of trees for public safety.
FOREST STAND
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 9-6-11 by Ord. No. 2011-14]
GARAGE, PUBLIC
A building or portion thereof conducted as a business designed
or used for servicing, repairing, painting, washing, equipping, renting,
selling or storing motor-driven vehicles. The rental of storage space
for one (1) commercial vehicle or for more than two (2) pleasure vehicles
not owned by a person or persons residing on the premises shall be
deemed a business use.
GROSS ACREAGE
The entire acre of a tract without deduction for dedication
for road or other improvements, not including natural tidal or nontidal
bodies of water.
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 9-6-11 by Ord. No. 2011-14]
HEIGHT - DIVISION 1: PINELANDS - WEST OF PARKWAY
The vertical distance 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.
Editor's Note: See also definition of "Building Height."
[Added 6-5-89 by Ord. No. 1989-14]
HISTORIC RESOURCE - DIVISION 1: PINELANDS - WEST OF PARKWAY
Any building, area, district, structure, site, or group of
features comprising a district which is designated as important to
the history or prehistory, architecture, archaeology, or culture of
the nation, state, region, county, or local area.
[Amended 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 57]
HISTORIC SITE
Any building, structure, area or property that is important
in the history or prehistory, architecture, archaeology or culture
of this state, its communities or the nation and has been so designated
pursuant to law.
[Amended 6-5-89 by Ord. No. 1989-14]
HOME OCCUPATION
Includes the workshops of carpenters and plumbers, sailmarking,
dressmaking, cabinetmaking and furniture refinishing, the sale of
antiques, beauty shops and all such similar trades which shall not
constitute a nuisance to adjacent residential properties for reasons
of noise, vibration, electrical interference and other causes.
HOMEOWNERS' ASSOCIATION
An incorporated, nonprofit organization operating under a
recorded land agreement through which each lot owner, condominium
owner, stockholder under a cooperative development or other owner
of property or interests in the project shall be a member; each occupied
dwelling unit is subject to a charge for a proportionate share of
the expenses for the organization of activities and maintenance, including
any maintenance costs levied against the association or the municipality;
and each owner and tenant has a right to use the common property.
HOME PROFESSIONAL OFFICE
An accessory studio in a dwelling for use by a member of
a recognized profession, including but not limited to a physician,
dentist, lawyer, architect, engineer, teacher, accountant or minister.
HOTEL
A series of attached, semidetached or detached dwelling units
operated as a single business containing individual sleeping or living
units with bathrooms and closet space, with or without kitchens, designed
for or used to provide housing accommodations, for a consideration,
to tourists, transients and travelers and held out to the public as
accommodations by the day, week or month. Wherever in this chapter
the word hotel appears and restrictions are set forth to apply to
the use of land for operation of a hotel, it shall be considered synonymous
with the word motel, and the same restrictions and requirements shall
apply to the construction and operation of a motel.
IMMEDIATE FAMILY - DIVISION 1: PINELANDS - WEST OF PARKWAY
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 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 57; 3-5-2019 by Ord. No. 2019-4]
IMPERVIOUS LOT AREA
The total square footage or other area measurement by which
all buildings and other surfaces that do not allow percolation of
water, as measured in a horizontal plane to the limits of the impervious
area(s). All parking spaces and lots, paved or unpaved, swimming pools
and other bodies of collected water, building, roads, driveways, walkways,
tennis courts, patios, and any other structure or on-site material
or ground condition that does not permit the natural soil absorption
and permeation of water shall be considered impervious surfaces and
included in the computation of impervious lot area. Areas that are
landscaped with crushed stones or similar materials and are not used
for parking or movement of vehicles shall not be considered impervious
surface.
[Added 8-17-98 by Ord. No. 1998-13 § 2 and Ord. No. 1998-14 § 2]
IMPERVIOUS SURFACE
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
[Added 9-6-11 by Ord. No. 2011-14]
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 9-6-11 by Ord. No. 2011-14]
INDUSTRIAL PARK
A total tract comprehensively planned, designed and approved
for industrial or office uses, whether or not the buildings are erected
in one (1) development stage or over a period of time, but where the
streets, utilities and lots and/or tenants' parcels are set forth
on a plan for the entire tract prior to construction of any portion
of the tract. As development takes place in accordance with the approved
plans, changes may be made in the plans for the undeveloped section
to accommodate subsequent land needs, provided that the modifications
conform to logical extensions of installed segments of streets, drainage,
utilities and other facilities.
INSTITUTIONAL USE - DIVISION 1: PINELANDS - WEST OF PARKWAY
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities such as libraries, galleries, museums, concert
halls, theaters and the like; churches; cemeteries; public office
buildings; hospitals, including such educational, clinical, research
and convalescent facilities as are integral to the operation of the
hospital; medical and health service facilities, including nursing
homes, rehabilitation therapy centers and public health facilities;
law enforcement facilities; military facilities; and other similar
facilities. For purposes of this ordinance institutional use shall
not include medical offices which are not associated with hospitals
or other medical or health service facilities, nor shall it include
assisted living facilities.
[Amended 6-5-89 by Ord. No. 1989-14; 6-4-01 by Ord. No. 2001-15]
INTERESTED PARTY
(1)
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
(2)
In the case of a civil proceeding in any court or in an administrative
proceeding in any court or in an administrative proceeding before
a municipal agency, any person, whether residing within or without
the municipality, whose right to use, acquire or enjoy property is
or may be affected by any action taken under the Municipal Land Use
Law or whose right to use, acquire or enjoy property under the Municipal
Land Use Law or under any other law of this State or of the United
States has been denied, violated or infringed by an action or a failure
to act under the Municipal Land Use Law.
INTERIM RULES AND REGULATIONS - DIVISION 1: PINELANDS - WEST
OF PARKWAY
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.
[Added 6-5-89 by Ord. No. 1989-14]
JUNKED MOTOR VEHICLE
Any motor vehicle, tractor, farm machinery, construction
equipment or part thereof left unattended or parked and where two
(2) or more of the following conditions apply: expired Department
of Motor Vehicles inspection sticker of thirty (30) days or more,
no license plates, no registration, incapable of operation, broken
glass, or one (1) or more flat tires. Junked motor vehicles are prohibited
in all zoning districts.
[Added 8-17-98 by Ord. No. 1998-13 § 1 and Ord. No. 1998-14 § 1]
JUNKYARD
Any space, whether inside or outside the building, used for
the collection, storage, keeping sale or abandonment of junk, including
scrap metals, paper, rags, other scrap materials or discarded materials,
or for the collecting, dismantling, storage, demolition, salvage,
resale or abandonment of automobiles or other vehicles or machinery
or parts thereof. Junk yards are prohibited in all zoning district.
[Amended 8-17-98 by Ord. No. 1998-13 § 1 and Ord. No. 1998-14 § 1]
KENNEL
A business devoted to the boarding, care or breeding of five
(5) or more dogs and/or cats.
LAND - DIVISION 1: EAST OF PARKWAY
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water, within the municipality.
Such term shall also include improvements and fixtures on, above or
below the surface.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting
or filling of land and any other activity which causes land to be
exposed to the danger of erosion.
LANDFILL
A site including an open dump, where solid waste, liquid
and dry sewage sludge, and liquid and dry chemical waste are disposed
of by land application with or without the use of management practices
or soil covering.
LANDSCAPING
The installation of plant material or seed as part of development.
LOADING SPACE
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading material.
LOCAL COMMUNICATIONS FACILITY - DIVISION 1: PINELANDS - WEST
OF PARKWAY
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 12-16-96 by Ord. No. 1996-60 § 57]
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area.
LOT, CORNER
Any lot which occupies the interior angle of the intersection
of two street lines. On all corner lots the building setback line
abutting both street frontages shall not be less than the minimum
front yard setback required on an adjoining interior lot fronting
on such street. On all corner lots the minimum lot width and depth
shall be measured along both abutting street lines. All corner lots
shall have two front yards, one side yard and a rear yard. The side
yard shall be considered to be the lesser of the two remaining yards.
For the purposes of the installation of fences, sheds, pools
or accessory structures only, the front yard shall extend the full
width of the street upon which the house fronts. On the other street,
the front yard shall extend to a line perpendicular to the street
which intersects the front most point of the building. To the rear
of this line shall be considered to be a part of the rear yard.
[Amended 8-5-96 by Ord. No. 1996-30 § 5 and Ord. No.
1996-31 § 5; 8-3-2021 by Ord. No. 2021-12]
LOT COVERAGE
The percentage of the lot area covered by the total building
area.
LOT, DEPTH OF
The average depth measured in the mean direction of the side
lot lines from the front street line to the rear lot line. The rear
line shall be deemed to be not further than a line drawn parallel
to the front street line, entirely on the lot and not less than ten
(10) feet long.
LOT FRONTAGE
Shall be measured along the street line between property
side lines and in no case shall be less than two-thirds (2/3) of the
required width of lot.
LOT LINE
Any line forming a portion of the exterior boundary of a
lot. The lot line is the same as the street line for that portion
of a lot abutting a street. Lot lines extend vertically in both directions
from ground level.
LOT, WIDTH OF
The distance between the property side lines, measured at
the building setback line as herein or otherwise established.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by the
Municipal Land Use Law.
MASTER PLAN
A composite of one (1) or more written or graphic proposals
for the development of the municipality as set forth in and adopted
pursuant to Section 19 of the Municipal Land Use Law.
MINOR SITE PLAN
A development plan of one (1) or more lots which (1) proposes
new development within the scope of development specifically permitted
by the provisions of this chapter as a minor site plan; (2) does not
involve planned development, any new street or extension of any off-tract
improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42;
and (3) contains the information reasonably required by the municipal
agency in order to make an informed determination as to whether the
requirements established by this chapter or other ordinance for approval
of a minor site plan have been met.
MINOR SUBDIVISION
A subdivision of land for the creation of four (4) or less
lots fronting on an existing street, provided that such subdivision
does not involve (1) a planned development, (2) any new street or
(3) the extension of any off-tract improvement, the cost of which
is to be prorated pursuant to N.J.S.A. 40:55D-42.
MOBILE HOME
A structure designed primarily for family dwelling, eating,
sleeping and complete year-round facilities. It is equipped with chassis
and wheels, whether fixed or removed, for the purposes of being transported.
MOBILE HOME PARK
Any site, lot or tract of land upon which two (2) or more
authorized mobile homes are parked permanently or temporarily, either
free of charge or for revenue purposes, and shall include any appurtenant
facilities used or designed as part of the equipment of such mobile
home court or park.
MOTEL
A series of attached, semidetached or detached dwelling units
operated as a single business containing individual sleeping or living
units with bathrooms and closet space, with or without kitchens, designed
for or used to provide housing accommodations, for a consideration,
to tourists, transients and travelers and held out to the public as
accommodations by the day, week or month. Wherever in this chapter
the word motel appears and restrictions are set forth to apply to
the use of land for the operation of a motel, it shall be considered
synonymous with the word hotel, and the same restrictions and requirements
shall apply to the construction and operation of a hotel. Motel shall
not be construed to include mobile or immobile trailers.
MUNICIPAL AGENCY
The Township Committee, Planning Board, Board of Adjustment
or Zoning Officer when acting pursuant to this chapter.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 9-6-11 by Ord. No. 2011-14]
NONCONFORMING LOT
A lot of record existing at the date of the adoption, revision
or amendment of this chapter, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment 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.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of the 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.
NURSING HOME AND LONG-TERM CARE FACILITY - DIVISION 1: EAST
OF PARKWAY
An institution or a distinct part of an institution that
is licensed or approved by the New Jersey Department of Health pursuant
to N.J.A.C. 8:36-1 et seq., to provide health care under medical supervision
for twenty-four (24) or more consecutive hours to two (2) or more
patients who are not related to the owner or operator or its members
by marriage, blood or adoption. These facilities are also referred
to as nursing homes, extended care centers and skilled nursing facilities.
[Added 10-5-98 by Ord. No. 1998-22 § 1]
OFFICIAL MAP
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.
or any prior act authorizing such adoption. Such map shall be deemed
to be conclusive with respect to the location and width of the streets
and public drainageways and the location and extent of flood control
basins and public areas shown thereon.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF-SITE COMMERCIAL ADVERTISING SIGN
A sign, other than a sign which advertises an agricultural
commercial establishment, 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 located.
[Amended 4-3-89 by Ord. No. 1989-8]
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OWNER
Any individual, family group, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in land which is the subject of a development proposal.
PARCEL
Any quantity of land, consisting of one (1) or more lots,
that is capable of being described with such definitions that its
location and boundaries may be established.
[Amended 12-16-96 by Ord. No. 1996-60 § 57]
PARKING SPACE
An off-street space available for the parking of a motor
vehicle, exclusive of passageways and driveways.
PERFORMANCE GUARANTY
Any security which may be accepted, including cash, provided
that the township shall not require more than ten percent (10%) of
the total performance guaranty in cash.
PERFORMANCE STANDARDS - DIVISION 1: EAST OF PARKWAY
Provisions of this chapter regulating noise, vibration, radiation,
electrical interference, noxious odors, toxic substances, explosive
and flammable materials, smoke and airborne particles, waste discharge,
buffer screening of unsightly conditions and such other matters as
may be necessary to achieve the purposes of this chapter.
PERFORMANCE STANDARDS - DIVISION 2: PINELANDS - WEST OF PARKWAY
Include the following:
(1)
Quantitative and qualitative regulations adopted by this chapter
with respect to noise levels, glare, earthborne or sonic vibrations,
heat, radiation, noxious odors, toxic and hazardous substances, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be necessary to
achieve the purposes of this chapter; and
(2)
Those other standards required by applicable federal or state
laws or township ordinances.
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one (1).
[Added 9-6-11 by Ord. No. 2011-14]
PERMITTED USE
Any use of land or buildings as permitted by this chapter
in particular zoning districts.
PERSON or PARTY
An individual, corporation, public agency, business trust,
partnership association, two (2) or more persons having a joint or
common interest, or any other legal entity.
PINELANDS DEVELOPMENT REVIEW BOARD - DIVISION 1: PINELANDS -
WEST OF PARKWAY
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.
[Amended 6-5-89 by Ord. No. 1989-14]
PLANNED DEVELOPMENT
A planned unit development, planned unit residential development
or residential cluster, all as more fully defined by N.J.S.A. 40:55D-6.
PLAT
A map or maps of a subdivision or site plan.
PLAT, FINAL
The plat of all or a portion of the development prepared and submitted to the approving authority for final approval in accordance with Article
V and Article
VI of this chapter. Final plat shall also include and be synonymous with the term final site plan.
PLAT, PRELIMINARY
The plat prepared and submitted to the approving authority as a part of the application for preliminary approval in accordance with Article
V and Article
VI of this chapter. Preliminary plat shall also include and be synonymous with the term preliminary site plan.
PLAT, SKETCH
The plat prepared and submitted to the approving authority for purposes of classification and discussion in accordance with Article
V of this chapter.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34,
36 and 37 of the Municipal Land Use Law prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
PRINCIPAL BUILDING OR USE
The main or primary purpose for which a lot is used or a
building or buildings on a lot is occupied.
PRIVATE GARAGE
A garage not conducted as a business and used to house not
more than three (3) vehicles, including not more than one (1) commercial
vehicle.
PRIVATE SCHOOL
A duly organized school, other than a public school or a
parochial school, giving regular instructions in subjects ordinarily
taught in public schools at least five (5) days a week for eight (8)
or more months a year. A nursery school shall not be deemed a private
school.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
PUBLIC DEVELOPMENT
Development, including subdivision, by any township or other
governmental agency.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
municipality, municipal agency, Board of Education, state or county
agency, or other public body for recreational or conservational uses.
PUBLIC STREET
An improved street meeting the following minimum requirements:
(1)
A dedicated public right-of-way of at least fifty (50) feet
or a lesser width previously accepted by the township.
(2)
Constructed with an acceptable base and hard surface treatment
of at least twenty-four (24) feet in width.
(3)
Possessing a surface fee of potholes and unusual ware with sufficient
drainage so as to avoid flooding or ponding of water.
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable
television, and other public utilities developed linearly, rods and
streets and other similar services provided or maintained by any public
or private entity.
[Added 6-5-89 by Ord. No. 1989-14]
RECEPTION AND BANQUET HALL
A facility specifically geared to providing interior areas
for groups of individuals to congregate, socialize, or celebrate particular
events.
[Added 2-2-2021 by Ord. No. 2021-4]
RECORD TREE - DIVISION 1: PINELANDS - WEST OF PARKWAY
The largest tree of a particular species in New Jersey based
on its circumference at four and five-tenths (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 12-16-96 by Ord. No. 1996-60 § 57]
RECREATIONAL FACILITY, LOW INTENSIVE - DIVISION 1: PINELANDS
- WEST OF PARKWAY
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.
[Amended 12-16-98 by Ord. No. 1996-60 § 57]
RECREATIONAL VEHICLE
This term includes boats, boat trailers, campers, travel
trailers and motor homes, but does not include mobile homes, as defined
in this article, which are designed for permanent residential occupancy.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
RESOURCE EXTRACTION
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay or ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by the landowner.
[Amended 6-5-89 by Ord. No. 1989-14]
RESOURCE MANAGEMENT SYSTEM PLAN
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of non-point source pollution; and
establish criteria for resource sustainability of soil, water, air,
plants and animals.
[Added 9-6-11 by Ord. No. 2011-14]
RESTAURANT
Any establishment, however designated, at which prepared
food and beverage is sold primarily for consumption on the premises,
only at tables and served by waiters and waitresses at said tables
within a building, and in which no other business, except such as
is incidental to that establishment, is conducted. However, a dining
establishment providing outdoor dining facilities as part of an approved
site plan shall also be considered a restaurant under this definition.
Those restaurants where a majority of prepared food is consumed only
at tables on the premises and served by waiters or waitresses at said
tables shall not be deemed fast food restaurants regardless of whether
or not a customer may purchase food for consumption elsewhere. A dining
establishment holding a liquor license may also have the option of
serving food at the bar and still be considered a restaurant under
this definition.
RESTAURANT, FAST FOOD
Any retail food establishment such as a short-order restaurant,
refreshment stand, snack bar, hot dog or hamburger stand, where foods
and beverages, prepared for immediate consumption or carry-out, are
purchased either primarily for consumption at counters, stools, tables
or bars in the premises inside or outside the building, or for consumption
in automobiles parked on the premises, or off the premises, whether
brought to the automobiles by the customers or by employees of the
establishment, regardless of whether or not additional seats or other
accommodations are provided for customers inside or outside the building.
Any retail food establishment with drive-through window service shall
be considered a fast-food restaurant. However, no transaction may
be made on the street or sidewalk, unless specifically approved during
site plan review.
RESTAURANT, TAKE-OUT
Any retail food establishment or delicatessen selling prepared
meals, salads, pizza, ethnic foods and/or other similar foods, whether
prepared on or off premises, sold for consumption primarily off the
premises, although a seating area may also be provided for patrons.
Take-out restaurants shall not be considered fast-food restaurants.
[Amended 8-17-98 by Ord. No. 1998-13 § 1 and Ord. No. 1998-14 § 1]
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse,
water body, utility alignment or other way and within which all improvements
and rights of access are confined.
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 9-6-11 by Ord. No. 2011-14]
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water or gravity as a product of erosion.
SEDIMENT BASIN
A barrier or dam built at suitable locations to retain rock,
sand, gravel, silt or other material.
SEED TREE CUT
A silvicultural practice involving the removal of old forest
stand in one (1) 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 9-6-11 by Ord. No. 2011-14]
SENIOR CITIZEN HOUSING COMPLEX
A multiple-family dwelling or group of dwellings on a lot
developed and operated by a nonprofit sponsor and financed through
the New Jersey Housing Finance Agency.
SETBACK
The distance from the nearest part of the building, excluding
an open porch or steps and overhanging eaves of not more than two
(2) feet, to the nearest part of the front property line.
SETBACK LINE
A line drawn parallel to a street line or lot line and drawn
to the point of the building nearest to the street line or lot line
beyond which a building shall not project. The minimum yard requirements
shall be the minimum required setbacks. All setbacks from public streets
shall be measured from the required right-of-way width.
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 9-6-11 by Ord. No. 2011-14]
SIGN
Any structure, either on its own supports or attached to
another structure or vehicle, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement. The word sign includes the word billboard but does
not include the flag, pennant or insignia of any nation, state, city
or other political unit or of any political, educational, charitable,
philanthropic, civic, religious or like campaign, drive, movement
or event.
SIGN AREA
The area defined by the frame or edge of a sign. Where there
is no frame or edge to the sign, the area shall be defined by a projected,
enclosed, four (4) sided (straight sides) geometric shape which most
closely outlines said sign.
SIGN, COMMERCIAL
Any sign which is owned or operated by any person, firm or
corporation engaged in the business of outdoor advertising for direct
profit gained from the rental of such signs or any sign advertising
a commodity not sold or produced on the premises. This shall include
billboards and off-premises signs indicating the direction to a particular
place.
SITE
Any plot, parcel or parcels of land.
SITE PLAN
A development plan of one (1) or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to Article
VI of this chapter by the Planning Board.
SOIL
All unconsolidated mineral and organic material of any origin
that overlies bedrock and which can be readily excavated.
SOIL CONSERVATION DISTRICT
A govern-mental subdivision of this state, which encompasses this municipality, organized in accordance with the provisions of Chapter
24 of Title 4 of the New Jersey Statutes Annotated.
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 3-5-2019 by Ord.
No. 2019-4]
STATE LICENSED BOARDING HOMES
Those boarding homes which hold a Class A, B or C license
as contained within the regulations promulgated by the New Jersey
Department of Community Affairs and as amended pursuant to law.
[Added 4-14-94 by Ord. No. 1994-8 §§ 1, 2]
STORY
That part of a building between the surface of any floor
and the next floor above it, or in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is six (6) feet or more above the
level of the line of the finished floor next below it, except a cellar.
Any floor under a sloping roof at the top of a building which is more
than two (2) feet below the top plate shall be counted as a story,
and if less than two (2) feet below the top plate, it shall be counted
as a half story. A basement shall be counted as a story if it averages
more than five (5) feet above grade.
In a Special Flood Hazard Area, the lowest floor or story
shall be the floor or story of the lowest enclosed area, but excluding
any unfinished flood-resistant enclosure that is usable solely for
vehicle parking, building access or limited storage.
[Amended 6-1-15 by Ord. No. 2015-03]
STREET
Any dedicated or deeded public street, avenue, boulevard,
road, parkway, viaduct, drive or other way in which is an existing
state, county or municipal roadway, or which is shown upon a plat
heretofore approved pursuant to law, or which is approved by official
action as provided by the Municipal Land Use Law, or which is shown
on a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats; and includes the land
between street lines, whether improved or unimproved and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines. For the purpose of this chapter,
streets shall be classified as follows:
(2)
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.
(3)
MINOR STREETSThose which are used primarily for access to the abutting properties.
(4)
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
(5)
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET LINE
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on an adopted Master
Plan or Official Map or as required by this chapter, forming the dividing
line between the street and the lot. The minimum street line shall
be a point twenty-five (25) feet from the center line of the existing
street.
STRIPPING
An activity which removes or significantly disturbs vegetated
or otherwise stabilized soil surface, including cleaning and grubbing
operations.
STRUCTURAL ALTERATION
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.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
SUBDIVIDER
A developer submitting an application for development.
SUBDIVISION
The division of a lot, tract or parcel of land into two (2)
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered subdivision
within the meaning of this chapter, if no new streets are created:
(1) division of land found by the Planning Board or Subdivision Committee
thereof appointed by the chairman to be for agricultural purposes
where all resulting parcels are five (5) acres or larger in size;
(2) division of property by testamentary or intestate provisions;
(3) divisions of property upon court order including but not limited
to judgment of foreclosure; (4) consolidation of existing lots by
deed or other recorded instrument; and (5) the conveyance of one (1)
or more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the
administrative officer to conform to the requirements of this chapter
and are shown and designated as separate lots, tracts or parcels on
the Tax Map of the Township of Barnegat. The term subdivision shall
also include the term resubdivision.
SUBDIVISION COMMITTEE
A committee of at least three (3) Planning Board members
appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
having such further duties relating to land subdivision as may be
conferred on this committee by the Board.
SWIMMING POOL
Facilities constructed above or below grade having a depth
of more than two (2) feet and/or a water surface of one hundred (100)
square feet or more designed and maintained for swimming purposes.
The term shall also include all appurtenant buildings, structures
or equipment accessory thereto.
TEMPORARY EVENT USE
An event involving use of private land and/or building(s)
or other structures for a specified limited time, normally a week-end
or similar. Events include, but are not limited to: outside sales,
property auctions, flea markets. Residential garage sales or yard
sales are not considered a temporary event requiring a zoning permit.
[Added 9-11-95 by Ord. No. 1995-41 § 5 and Ord. No. 1995-42 § 5]
THINNING
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 9-6-11 by Ord. No. 2011-14]
TRACT
An area of land comprised of one (1) or more lots having
sufficient dimensions and area to meet the requirements of this chapter
and for the use(s) intended.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
UTILITY
Services provided to a use, including but not limited to
sewage treatment, water supply, gas, electric, telephone and cable
television.
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage, or stormwater discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
[Amended 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 57]
VARIANCE
Permission to depart from the literal requirements of the
zoning provisions of this chapter pursuant to Section 47 and subsections
29.2(b), 57(c) and 57(d) of the Municipal Land Use Act, N.J.S.A. 40:55D-1,
et seq.
VEGETATION
Any plant material including grasses, shrubs and trees.
VEHICLE CAMPER
A motorized or portable vehicle designed to be used as a
temporary dwelling for travel and recreational purposes having a body
width not exceeding eight (8) feet and including motorized coaches,
pickup campers, tent-trailers and similar equipment.
VEHICLE CAMPGROUND
A site upon which provisions are made to accommodate more
than one (1) vehicle camper for short-term occupancy, either free
of charge or for a fee, including any appurtenant facilities.
WAREHOUSING
Any building, premises or land in which or upon which the
principal business, operation or industry involves the storage of
goods and materials.
WETLANDS - DIVISION 1: PINELANDS - WEST OF PARKWAY
Wetlands are those lands which are inundated or saturated
by water at a magnitude, duration and frequency sufficient to support
the growth of hydrophytes. Wetlands include 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
and 6.5.
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 9-6-11 by Ord. No. 2011-14]
WETLANDS SOILS - DIVISION 1: PINELANDS - WEST OF PARKWAY
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St.
Johns and Freshwater Marsh and Tidal Marsh Soil types.
YARD, FRONT
Space between the front street building setback line or front
main wall of a building and the front property line, extending the
full width of the lot and projected to the side lines of that lot.
YARD, REAR
An unobstructed space on the same lot with a building, between
the rear wall of the building and the rear line of the lot and unoccupied
except for accessory buildings and open porches. Accessory buildings
shall occupy not more than thirty-five percent (35%) of the rear yard
area.
YARD, SIDE
An open, unobstructed space on the same lot with a building,
between the building and the side line of the lot and extending through
from the front yard to the rear yard, into which space there is no
extension of building parts, other than eaves, leaders and gutters,
chimneys, fireplaces, bay windows, overhangs and other such fixtures
with a maximum depth of two (2) feet and open porches, provided that
said extensions shall have a minimum side yard setback of three (3)
feet.
ZONING OFFICER
The Construction Official, unless another person is designated
by the Township Committee.
ZONING PERMIT
A document signed by the administrative officer (1) which
is required by ordinance as a condition precedent to the commencement,
alteration, conversion or installation of a structure or building
and (2) which acknowledges that such use, structure or building complies
with the provisions of the zoning provisions of this chapter or have
a variance therefrom duly authorized by a municipal agency pursuant
to law.