Unless otherwise expressly stated or the context clearly indicates
another meaning, the following words and phrases shall be construed
throughout this chapter to have the meaning herein indicated. Where
certain words or phrases are not defined below, their meanings shall
be as defined in N.J.S.A. 40:55D-1, et seq. So that:
A.
The present tense includes all other tenses; the singular includes
the plural and the plural includes the singular; the masculine gender
includes the feminine and the neuter.
B.
The word "person" includes any individual, estate trust, fiduciary,
partnership, firm, association, corporation or any other organization
or entity, including the principal officers thereof or any other individual
or entity acting directly or indirectly by, through or under any of
the foregoing.
C.
The word "shall" is always mandatory; the word "will" is always directory;
and the word "may" is always permissive.
D.
The word "used" shall include the words "arranged," "designed," or
"intended to be used."
E.
The word "structure" shall include the word "building."
F.
The word "built" shall include the words "constructed," "erected,"
or "altered."
G.
The terms "such as," "including" and the like are intended to introduce
matters which are illustrative of the meaning of the sentence, clause
or phrase in which such terms appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such terms appear. When the said terms are used, they shall
be considered as introducing a typical or illustrative designation
of items and shall not be interpreted as constituting a complete list.
H.
The words "as amended" or "et seq." as applied to any statute, ordinance,
code, regulation, plan or map, include replacements, supplements or
restatements thereof; and reference to a particular Article, Section
or Subsection which inherently refers to other Articles, Sections
or Subsections, includes all Articles, Sections and Subsections referred
to.
I.
The word "Township" means Maurice River Township, Cumberland County,
New Jersey; and the term "Township Committee" means the Township Committee
of Maurice River Township.
J.
When terms, phrases or words are not hereafter defined, and not found
within N.J.S.A. 40:55D-1, et seq., they shall have the meaning given
in the most recent edition of Webster's Unabridged Dictionary. If
not found in the aforementioned dictionary their meaning shall have
the ordinarily accepted meaning or such as the context may imply.
The definitions provided herein are applicable to all Township
Land Development Regulations enacted pursuant to and as set forth
in the Municipal Land Use Law, the Pinelands Protection Act, and the
Pinelands Comprehensive Management Plan.
[Section 35-3.3 amended by Ordinance No.
526; Ord. No. 620 § 2; Ord. No. 658-2017 § 2]
As used in this chapter, the following terms shall have the
meanings indicated:
The cessation of a use of a property (land and/or structures)
by the owner, with the intention of neither resuming the use nor transferring
rights to the property to another who will so use the property.
The owner of record of a parcel of land which is contiguous
at any point to the parcel in question or which is contiguous to a
section of road or street (public or private) on which the subject
parcel has frontage, i.e., a lot across from the subject parcel.
The removal of the surface of the land through the combined
action of man's activities and natural processes at a rate greater
than would occur from natural processes alone.
A dwelling unit that has been added onto, or created within,
a single-family dwelling.
A use or structure which:
Is subordinate to and serves a principal building or a principal
uses, including but not limited to, the production, harvesting, and
storage as well as washing, grading and packaging of unprocessed produce
grown on-site;
Is subordinate in area, extent and purpose to the principal
structure or principal building or principal use served;
Contributes primarily to the comfort, convenience or necessity
of the occupants, business or industry of the principal structure
or principal use served; and
Is located on the same parcel as the principal structure or
principal use served, except as otherwise expressly authorized by
the provisions of this chapter.
The development of a new use for an older building or for
a building originally designed for a special or specific purpose.
The Secretary of the Land Use Board for matters concerning the Land Use Board; the Municipal Clerk for the Governing Body; the Zoning Officer for matters involving the issuance of zoning permits and the enforcement of zoning regulations and the Tax assessor in the case of providing required property owner lists pursuant to Section 35-13.15.
The average number of cars per day that pass over a given
point.
Soils which may be corrosive to cast iron and ductile iron
pipe. These soils represent approximately five percent (5%) of the
soils found within the United States and include dump areas, swamps,
marshes, alkaline soils, cinder beds, polluted river bottoms, etc.,
which are considered to be potentially corrosive.
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
or horticulture.
Any production of plants or animals useful to man or any
land devoted to and meeting the requirements and qualifications for
payments or other compensation pursuant to the soil conservation program
under an agency of the federal government. The term "agriculture"
shall also include the term "aquaculture" (see definition this section).
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
Any change in or addition to the supporting or structural
members of a building or other structure such as the bearing walls,
partitions, columns, beans, or girders, or any change to adapt a structure
to a different use.
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.
[Ord. No. 658-2017 § 2]
A means of making changes to the certified local Master Plan
or local land use ordinance.
See N.J.A.C. 7:50-6.32.
The surface from which wireless radio signals are sent and
received by a wireless/local communications facility.
A structure containing three or more dwelling units. See
Dwelling, Multifamily.
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
A landowner or developer, including heirs, successors, assigns
and grantees, who has filed an application for subdivision and/or
land development, as herein after defined, or an application for a
special exception, variance or conditional use.
The application form and all accompanying documents required by ordinance 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-36. In the Pinelands Area, this shall mean any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in Section 35-13.1B of this chapter.
The Land Use Board of the Maurice River Township unless a
different agency is designated by ordinance.
The farming of aquatic organisms, including fish, mollusks,
crustaceans, and aquatic plants. Farming implies some form of intervention
in the rearing process to enhance production, such as regular stocking,
feeding, protection from predators, etc. Farming also implies corporate
ownership of the stock being cultured.
The establishment of tree cover through direct or supplemental
seeding or planting.
A limited area for showing a representation or sampling of
an artist, artisan or craftsperson's products, artifacts, artwork,
crafts or work; made by the resident artist, craftsperson or artisan;
and available for purchase on the site where the contents of said
representation or showing are created, made or produced.
An enclosed area partly or completely below grade. A basement
shall be considered as a story for the purpose of height measurement
if the basement ceiling is five (5) feet or more above the average
ground level around the building. See also Cellar.
A single-family, primary dwelling in which the owner occupant
also provides temporary overnight accommodations to guest for a fee
as an accessory use in any zoning district where a single-family,
detached dwelling is a permitted use. The operation of a bed and breakfast
shall be considered a home occupation and an accessory use for any
single-family, detached home excluding apartments and mobile homes,
for the purposes of this chapter.
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.
A mound of soil, seeded and landscaped, either natural or
man-made used as view obstruction.
A tract of land bounded by streets, or by a combination of
streets and public lands, rights-of-way, waterways, or boundary lines
of the Township.
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.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view, the glare of lights,
and/or sound from the site to adjacent sites or properties.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy by persons, animals
or chattel and having a roof.
The aggregate of the maximum horizontal cross-section areas
of the buildings on a lot, excluding; cornices, eaves, gutters, or
chimneys projecting not more than eighteen inches (18"); steps, balconies
and bay windows not extending through more than one (1) story and
not projecting more than five feet (5'); and one (1) story open porches
projecting not more than ten feet (10'). "Projecting" as used here,
means extending from the building area.
The coverage of the lot area by the ground floor area of
all buildings on the lot, including covered porches, carports and
breezeways, but excluding open patios.
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. Conventional accessories to structures, such as chimneys,
spires, aerials or antenna and elevator enclosures, shall not be included
in "building height" calculation. A communication use or tower placed
atop structures shall not be considered conventional accessories as
defined herein.
The line parallel to the street line at a distance there
from equal to the depth of the required front yard in the district(s)
under consideration. In the case of a lot abutting two (2) streets,
required front yard setbacks from both streets shall be observed.
A building in which is conducted the principal use of the
lot on which said building is situated.
The diameter of a tree trunk measured in inches, six inches
(6") above ground level for trees up to four inches (4") in diameter,
and measured twelve inches (12") above ground level for trees over
four inches (4") in diameter.
A place used or suitable for camping that contains a group
of tents, huts, recreational vehicles (including travel trailers/campers)
or other shelters, usually located near a lake, body of water or in
a wooded area forming a temporary or seasonal residence, especially
in summer.
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation, or other short term uses. Camper
does not include mobile homes, trailers, or other vehicles used as
permanent dwellings.
A governmental acquisition of real property or major construction
project.
A proposed schedule of all future capital improvement projects
listed in order of construction priority, together with cost estimates
and the anticipated means of financing each project.
The actual road surface area from curb line to curb line,
which may include travel lanes, parking lanes, and deceleration and
acceleration lanes. Where there are no curbs, the cart way is that
portion between the edges of the paved or hard surface, width.
A story partially underground and having more than one-half
(1/2) of its clear height below the average level of the adjoining
ground. A "cellar" shall not be considered in determining the permissible
number of stories. No apartments shall be permitted in a "cellar."
See also "Basement."
The gap between the centerline of roads adjoining a common
road from opposite or same sides.
An approval issued pursuant to Section 35-10.2.
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.
A document which shall be deemed to authorize and be required
for each occupancy and use of the building or land to which it applies,
and shall continue in effect only so long as such building and the
use thereof and the use of such land is in full conformity with the
requirements of the Township Land Development Regulations Ordinance
and the Uniform Construction Code. A Certificate of Occupancy shall
only be issued upon completion of alteration after it is determined
by the appropriate issuing officer that said construction is in full
compliance with Township regulations and codes. Maintenance of a valid
certificate shall be the responsibility of the property owner.
The bed and banks of a natural stream which convey the constant
or intermittent flow of the stream.
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
The system, structures and physical improvements for the
movement of people, goods, water, air, sewage, or power by such means
as streets, highways, railways, waterways, towers, airways, pipes
and conduits, and for the handling of people and goods by such means
as terminals, stations, shelters, warehouses and other storage buildings
or transshipment points.
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.
Any organization catering exclusively to members and their
guests or any organization for religious, vocational, civic, service,
recreational or athletic purposes which is not conducted for financial
gain.
See Residential Cluster.
The use of a freestanding, single tower on the ground by
more than one provider and/or the installation of several wireless/local
communication facilities on an existing building or structure by more
than one provider.
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act, as amended.
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.
Establishments, including towers furnishing point-to-point
communication services, whether by wire or radio, either aurally or
visually, including radio and television broadcasting stations and
the exchange or recording of messages.
The plan adopted by the Commission pursuant to Section 7
of the Pinelands Protection Act, as amended.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and initial classification.
The use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards as contained in the Township Land Development
Regulations Ordinance, and upon the issuance of an authorization therefor
by the approving authority.
A building, or group of buildings, in which dwelling units,
offices, or floor area are owned individually, and the structure,
common areas, and facilities are owned by all the owners on proportional,
undivided basis. It is a means of property ownership. The term "condominium"
may also refer to the unit held in single ownership.
Land which is connected or adjacent to other land so as to
permit the land to be used as 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.
Development other than planned development.
The remodeling or alteration of an existing structure so
as to accommodate the provision of more dwelling units than were originally
intended. "Dwelling conversion" includes the alteration of a nonresidential
structure into a dwelling unit for at least one (1) household; the
modification of a single-family structure so as to accommodate two
(2) or more dwelling units; and the alteration of multifamily structure
so as to accommodate more units than originally intended.
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.
That percentage of a plot or lot area covered by all structures,
paving and non-porous materials. See "Impermeable Surface" and "Impervious
Surface" also.
A local street with only one (1) outlet and having the other
end for the reversal of traffic movement.
A structure designed to convey a water course not incorporated
in a closed drainage system under a road or pedestrian walkway.
An establishment providing for the care, supervision, and
protection of children or adults on a daily basis for a specific period
of time.
Calendar days.
An act of transmitting property or interest thereto.
The permitted number of dwelling units per gross area of
land to be developed.
The number of dwelling units per acre for a given area that
includes streets and other common or public open spaces. In the case
of a mixed use development, space devoted to nonresidential uses is
also included.
The number of dwelling units per acre for a given area that
excludes streets and other common or public open spaces. In the case
of a mixed use development, space devoted to nonresidential uses is
also excluded.
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
Guidelines that provide a general framework for sound planning.
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually at a rate not greater than that prior
to the development of the property into natural or man-made outlets.
The legal or beneficial owner or owners of a lot or any land
proposed to be included in the proposed development, including the
holder of an option for contract purchase or other person having an
enforceable proprietary interest in such land.
The division of a parcel of land into two (2) or more parcels;
the construction, demolition, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure;
or of any forestry activities, mining activities or landfill; and
any use or changing the use of any building or structure, or land;
or the extension of use of the land. See also Pinelands Development.
Any approval granted by the 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.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land, adopted pursuant to the Municipal Land Use Law.
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.
A specifically delineated area of the territory of Maurice
River Township within which uniform regulations and requirements or
various combinations thereof govern the use, placement, spacing, and
size of land and buildings as set forth in this chapter.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
non-point pollution and to maintain the integrity of stream channels
for their biological functions as well as for drainage; and the means
necessary for water supply preservation and prevention or alleviation
of flooding.
Any component of the drainage system.
The lands required for the installation of stormwater sewers
and/or drainage ditches or trench required along a natural stream,
swale or other watercourse for preserving the channel or drainage
way and providing for the flow or passage of water therein to safeguard
the public from flood damage in accordance with the provision of this
chapter and applicable State regulations and laws.
The system, through which flood water flows from the land,
including all watercourses, water bodies and wetlands.
A paved or unpaved area used for ingress and egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
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.
A lot of land or a portion thereof used primarily for the
disposal by abandonment, dumping, burial, burning or other means and
for whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof, or waste material of any kind.
See also "Landfill, Sanitary."
A building containing two (2) single-family dwelling units
totally separated from each other by a non-pierced wall extending
from ground to roof.
A structure or portion thereof that is used exclusively for
human habitation.
A single-family dwelling attached to two (2) or more one-family
dwellings by common vertical walls.
A dwelling that is not attached to any other dwelling by
any means.
A building containing three (3) or more dwelling units, including
units that are located one over the other.
A building containing one (1) dwelling unit and that is not
attached to any other dwelling by any means and is surrounded by open
space or yards.
A transportable, single-family detached dwelling unit intended for permanent occupancy contained in one (1) unit or two (2) units designed to be joined into one (1) integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; and is installed as required in Section 35-9.9, so that it may be used without a permanent foundation, but with the same, or equivalent electrical, plumbing and sanitary facilities as for a conventional single-family, detached dwelling. A mobile home may include any addition or accessory structure such as porches, sheds, decks or additional rooms, which are attached to it. A camper/travel trailer or other recreational vehicle shall not be considered to be a mobile home for permanent, year round occupancy.
A one-family dwelling attached to one (1) other one-family
dwelling by a common vertical wall, with each dwelling located on
a separate lot.
A one-family dwelling in a row of at least three (3) such
units in which each unit has its own front and rear access to the
outside, no unit is located over another unit, and each unit is separated
from any other unit by one (1) or more vertical common fire-resistant
walls.
A building on a single lot containing two (2) dwelling units
each of which is totally separated from the other by a non-pierced
wall extending from ground to roof or non-pierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
A dwelling or portion thereof, forming a single habitable
unit with a private access and facilities which are used or intended
to be used for living, sleeping, cooking and eating, and sanitation
exclusively by one (1) household.
The minimum or average square footage necessary to constitute
a dwelling unit in a multi-dwelling structure as delineated by this
chapter.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
Results contributing to a harmful or degraded condition and/or
producing an unfavorable result, such as environmental harm or degradation.
Adverse effects may include: a negative impact on surrounding land
uses; negative impacts which are contrary to the adopted Township
Master Plan or the Pinelands Comprehensive Management Plan, and the
intent of this chapter; and negative impacts which create a threat
to the public health, safety and general welfare.
Results contributing to an improvement in condition and/or
producing a favorable result such as making a use more compatible
with the intent of this chapter and the goals and the objectives of
the adopted Township Master Plan and the Pinelands Comprehensive Management
Plan, and promoting the public health, safety and general welfare.
All electric lines other than electric transmission lines.
Electric lines which are part of an electric company's transmission
and sub-transmission system, which provide 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 with, another interconnecting utility company; or
(c) a substation of a high-load customer of the utility.
An individual licensed in the State of New Jersey to practice
engineering pursuant to N.J.S.A. 45:8-27 et seq.
The conditions, resources and/or characteristics which exist
within and surround the area to be affected by a proposed subdivision
and/or land development including: natural elements such as land,
water, air, minerals, natural flora and fauna; and man-made components
such as objects of historic or aesthetic significance, infrastructure
and man-related attributes of a social and economic nature.
A municipal advisory board created pursuant to N.J.S.A. 40:56A-1
et seq.
Features, natural resources, or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
An assessment which objectively describes, analyzes and documents
both the beneficial and adverse environmental effects of a proposed
subdivision and/or land development and the measures to be undertaken
to mitigate adverse effects in accordance with the provisions set
forth in this chapter.
An enclosed structure, cabinet, shed, or box at the base
of a local communications facility within which are housed batteries
and electrical equipment.
The detachment and movement of soil and rock fragments by
water, wind, ice and gravity.
A deed, bond, money, or a piece of property delivered to
a third person to be delivered by him to the grantee only upon fulfillment
of a condition.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability. See "Household."
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.
[Ord. No. 658-2017 § 2]
Any parcel of land containing five (5) or more acres which
is used for the raising of agricultural products, livestock, poultry
or dairy products. It includes necessary farm structures within the
prescribed limits and the storage of equipment used. It excludes the
raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels.
A structure which permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and the property.
Material, exclusive of structures, placed or deposited so
as to form an embankment or raise the surface elevation of the land.
The official action of the Planning Board 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 approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of a subdivision which
is presented for final approval.
The classification of a parcel of land in accord with the
following:
|
HAZARD
|
VEGETATION TYPE
|
|---|---|
|
Low
|
Atlantic white cedar, hardwood swamps
|
|
Moderate
|
Non-Pine Barrens forests; prescribed burned areas
|
|
High
|
Pine Barrens forest including mature forms of pine, pine-oak,
or oak-pine
|
|
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine; all classes
of pine-scrub oak and pine lowland
|
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
A flood that on the average is likely to occur only once
every 100 years, that is a storm that has a one percent (1%) likelihood
of occurring each year, but may occur more than once in any 100-year
period, as delineated by the Federal Insurance Rate Maps.
A relatively flat or low land area, adjoining a river, stream,
watercourse or body of water, which area is subject to partial or
complete inundation; and area subject to the unusual and rapid accumulation
of surface waters from any source, e.g., stormwater drainage courses
and basins.
The area of a floodplain required to carry and discharge
flood waters of a 100 Year Flood.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, and bedroom,
but not including hallways, stairways, cellars, attics, service or
utility rooms, bathrooms, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one (1) window or skylight opening
onto outside yard or courts. At least one-half (1/2) of the floor
area of every habitable room shall have a ceiling height of not less
than seven feet (7') and the floor area of that part of any room where
the ceiling height is less than five feet (5') shall not be considered
as part of the habitable floor area. The minimum total window area
shall be ten percent (10%) of the habitable floor area of such rooms.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The area of all floors of buildings or structures.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
An accessory use or part of a permitted principal building
used for the storage of motor vehicles owned and used by the owner,
residents, employees or visitors of such permitted principal building.
A building used for the off-street storage of motor vehicles,
the provision of incidental motor fuel service, the sale of accessories
and the repair of motor vehicles, excluding body work.
An area of land, including any structures thereon, used primarily
for the retail sale and direct delivery to motor vehicles of motor
fuel and lubricants, as well as such incidental services as the lubrication
and washing of motor vehicles and the sale, installation and minor
repair of automotive accessories such as tires and batteries. A gasoline
service station may also include a mini-mart or convenience store.
A plan outlining general, rather than detailed, development
intentions. It describes the basic parameters of a major development
proposal, rather than giving full engineering details. As such, it
allows general intentions to be proposed and discussed without the
extensive cost involved in submitting a detailed proposal.
An area of sufficient size to contain a professional golf
course at least eighteen (18) holes in length, together with necessary
and usual accessory uses and structures, including but not limited
to, clubhouse facilities, dining and refreshment facilities, meeting
and/or conference rooms, swimming pools, tennis courts, driving ranges
and putting areas, and other related recreational facilities, provided
that the operation of the facilities is incidental and subordinate
to the operation of the golf course.
The Township Committee of the Township of Maurice River in
the County of Cumberland.
(1) The average elevation of the land around a building;
and (2) the percent of rise or descent of a sloping surface such as
street or parcel of land.
Low-growing plants or sod that in time forms a dense mat
covering the area in which they are planted; preventing soil from
being blown or washed away and the growth of unwanted plants.
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.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying away runoff water.
The natural environment of an individual animal or plant,
population, or community.
Non-wetlands areas or areas devoid of wetlands soils.
One or more historic sites and intervening or surrounding
property significantly effecting or affected by the quality and character
of the historic site or sites.
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.
Any real property, man-made structure, natural object, or
configuration or any portion or group of the foregoing which has been
formally designated in the adopted Township Master Plan as being of
historical, archaeological, cultural, scenic or architectural significance.
Any permitted commercial activity undertaken by a resident of the dwelling in which said activity occurs and conducted as a customary, incidental, and accessory use in the resident's dwelling unit and/or accessory structure thereto as provided for in Section 35-8.6A.
A commercial activity which is carried on within the owner/operator's home or residence and which is: (1) within a zoning district identified by the word "village" in its title; (2) meets the prescribed scope, operation and extent that defines the character of the village setting as set forth in Section 35-8.6B; and (3) is more intense a use of the residential property for commercial activity than permitted or commonly associated with a home occupation or a home professional occupation as set forth in Section 35-8.6A.
A home occupation consisting of the office and/or work space of a recognized licensed professional such as, but not limited to, an accountant, lawyer, hairstylist or beautician, or land surveyor, as provided by Section 35-8.6A.
A business, profession, occupation, or trade conducted for
gain or support by a resident of the dwelling unit and is incidental
and secondary to the use of the dwelling unit. A home professional
office shall not include retail sales to the general public unless
through mail, internet, or another similar service wherein the retail
customers are not visiting the residential unit. A home professional
office shall not have employees on-site.
[Amended 12-15-2022 by Ord. No. 720]
A building or group of buildings containing ten (10) or more
guest rooms, without cooking facilities of any kind, especially designed
for the temporary lodging of transient guests. Such establishments
shall provide guests with customary services such as maid service
and the furnishing and laundering of linen. Eating and drinking establishments
may be an accessory use to the hotel, motel or inn.
A single-family dwelling wherein furnished rooms without
cooking facilities are rented for valuable consideration to one (1)
or more individuals unrelated by blood or legal relationship to the
owner or operator of the house.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit. See "Family."
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
For subdivision or site plan purposes, any street which complies
in width and construction with municipal standards and as defined
by ordinance.
Any man-made, immovable item which becomes part of, placed
upon, or is affixed to, real estate.
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.
A septic tank, seepage tile sewage disposal system, or any
other approved sewage treatment device serving a single unit/dwelling.
Any land used for the following public or private purposes:
educational faculties, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nursery schools;
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 services or outpatient
facilities, including nursing homes, assisted living facilities, supervised
residential institutions, rehabilitation, therapy centers, hospices,
and public health facilities; law enforcement facilities; military
facilities, public office buildings; churches, cemeteries and other
similar facilities.
Any person whose right to use, acquire or enjoy property,
is or may be affected by any action taken under this chapter, or whose
right to use, acquire or enjoy property under this chapter or under
any other law of this State or of the United States has been denied,
violated or infringed upon by an action or a failure to act under
this chapter.
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 affect on January 14, 1982. These regulations
were formerly codified as N.J.A.C. 7:1 G-1 et seq.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting and dismantling, storage,
and savage of machinery or vehicles not in running condition, and
for the sale of parts thereof.
An establishment where five (5) or more dogs, cats or like
domesticated animals, more than one (1) year old, are kept, boarded,
groomed, trained, raised or bred for compensation.
Real property including improvements and fixtures on, above,
or below the surface.
The Land Use Board of the Township of Maurice River established
pursuant to the provisions of N.J.S.A. 40:55D-25c.
As defined in current regulations of the New Jersey Department
of Environmental Protection.
The legal or beneficial owner or owners of land; the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition) or a lessee if said lessee is
authorized under the lease to exercise the rights of the owners.
That portion of a tract or lot in which plantings have been
installed in accordance with any special provisions for landscaping
in this chapter. The landscaped area includes the buffer planting
strip and those plantings which serve a functional and/or aesthetic
purpose and are located around and between buildings, roads, parking
areas, sidewalks, walkways, sitting areas, service or maintenance
structures, courtyards and the like. The area must be both non-surfaced
and water absorbent, and no more than one-third (1/3) of this total
square footage space requirement may be made up of the area located
within the setback requirements for the front, side, or rear yards
of the complex.
Lanes adjacent to the primary cartway and attached thereto
for the use only by vehicles entering, leaving or preparing to cross
a lane of forward travel without interrupting the flow of traffic.
A freestanding tower designed with multiple legs and cross-bracing
of structural steel used as part of a wireless/local communications
facility.
Activities and uses such as those that involve the assembly
of pre-manufactured parts, printing operations, telemarketing, warehousing
and distribution, and other manufacturing or processing activities
which have minimum environmental impact, are largely conducted within
entirely enclosed structures, and do not require major infrastructure
facilities such as sewage treatment or water facilities.
A space in a building or on a lot which is accessible from
the public street system for the temporary use of vehicles while loading
or unloading merchandise, materials or passengers. This space shall
be not less than twelve feet (12') in width and seventy feet (70')
in length and have a minimum of fifteen feet (15') height clearance.
Also, it shall be so arranged that no vehicle is required to back
into a public right-of-way. For purposes of this chapter, a trash
pickup area shall not be considered a "loading space."
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 communications, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
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.
The size of a lot measured with the lot lines and expressed
in terms of acres and square feet excluding areas of public rights-of-way.
A lot abutting upon two (2) or more streets or upon two (2)
parts of the same street, including shared driveways, forming an interior
angle of less than one hundred thirty-five degrees (135º). A
corner lot has two (2) front yards and two (2) side yards.
The percentage of the lot area that is covered by an impervious
surface. It is the sum of the building coverage and all other impervious
surfaces, i.e., non-covered patios, sealed driveways, parking lots,
walkways, etc. Swimming pool surface area is excluded.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
The horizontal distance between the side lot lines, measured
along the street line. In the case of a street of unidentified width,
said line shall be assumed to be parallel with the centerline of the
street at a distance of twenty-five (25) feet from said centerline.
The minimum "lot frontage" shall be the same as the lot width, except
that, on curved alignments with an outside radius of less than five
hundred (500) feet, the minimum distance between the side lot lines
measured at the street line shall not be less than seventy-five percent
(75%) of the required lot width. In the case of a corner lot, either
street frontage which meets the minimum frontage required for that
zone may be considered the "lot frontage."
A lot which has limited frontage on a public street and has
access to a public street by a relatively thin strip of land; a "flag-shaped"
lot or a lot which has access to a street only by way of an easement
or right-of-way, such as a shared driveway, and does not front on
a public street.
The line abutting a street and coinciding with the street
line. In the case of a corner lot, the street abutting lot line identified
on the approved subdivision and/or land development plan, as the front
lot line; or in the case of an existing lot, the lot line designated
on an approved site plan; or in the case of any other lot, the front
lot line shall be construed to be the lot line on the same side as
the main entrance. See also "Lot Frontage" and "Lot, Corner."
The lot line which is opposite to the street line or, in
the case of an interior lot, the front yard. See "Lot, Interior."
Any lot line which is not a street line or a rear lot line.
A lot extending between and having frontage on two (2) generally
parallel streets with vehicular access limited to one (1) street.
Access shall be from the local rather than a collector or arterial
street.
The horizontal distance measured between the side lot lines
at the required front yard building setback line parallel to the road
right-of-way. In no case shall said lot width be less than fifty feet
(50') along the right-of-way line on a tapered lot.
As used in this chapter to modify or describe a particular
land use the term "low intensity" shall mean foregoing the need to
acquire a New Jersey Department of Environmental Protection permit
for effluent disposal.
Any security, other than cash, that may be accepted by a
municipality for the maintenance of any required improvements under
authority of N.J.S.A. 40:55D-1, et seq.
Any site plan not classified as a minor site plan.
A retail or commercial establishment designed, sized and
primarily intended to serve the population of the entire community
in which it is located although it might possibly draw customers from
an adjoining municipality due to its convenience or location, such
retail establishments as supermarkets, hardware or home improvement
stores, drug stores, auto parts or repair facilities, fast food outlets
and convenience stores. The term does not include retail or commercial
establishments such as department or large discount stores, which
are designed, sized and need to attract customers from a regional
area.
Any subdivision not classified as minor subdivision.
A unit of housing which:
Consists of one (1) or more transportable sections which are
subsequently constructed off site and, if more than one (1) section,
are joined together on site.
Is built on a permanent chassis.
Is designed to be used, when connected to utilities, as a dwelling
on a permanent or nonpermanent foundation.
Is manufactured in accordance with the standards promulgated
for a "manufactured home" by the Secretary of the U.S. Department
of Housing and Urban Development pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, Public Law
93-383 (42 U.S.C. § 35-5401 et seq.), and the standards
promulgated for a manufactured or mobile home by the Commissioner
pursuant to the State Uniform Construction Code Act, P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.).
A service street that runs parallel to a higher order street
which, for purposes of safety, provides access to abutting properties
and separation from through traffic. It may be designed as a residential
access street or subcollector, as anticipated by daily traffic dictates.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth and adopted by the
Planning Board pursuant to N.J.S.A. 40:55D-28.
A development plan for less than four thousand (4,000) square
feet of floor area and less than six thousand (6,000) square feet
of impervious surface, provided that such site plan which: (1) does
not involve a planned development, any new street, or the extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42; (2) contains the information reasonably required in order
to make an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met; and
(3) is not located on roadway classified as an arterial or collector
road on any adopted Township or Cumberland County master plan elements.
A subdivision of land that does not involve:
The creation of more than four (4) lots, sites or other divisions
of land in addition to a single reserved parcel, for the purpose,
whether immediate or future, of sale or building development.
A planned development.
Any new street.
Extension of any off-tract improvement, the cost of which is
to be prorated pursuant to the provisions of N.J.S.A. 40:55D-42.
The act of precluding a potentially adverse effect and/or
making a potentially adverse effect less severe through measures which
will improve a condition and/or lessen the impact.
Any unit, whether licensed or not, used for living, sleeping
or business purposes by one (1) or more persons, built on a chassis
originally designed without a permanent foundation, and includes a
dwelling, sleeping or business unit of vehicular design, used or intended
or constructed for use as a conveyance upon public streets and highways,
whether licensed or not. See also "Manufactured Home." For purposes
of this chapter, the term "mobile home" shall not include:
Self-propelled vehicles and other structures designed, constructed
and reconstructed or added to by means of accessories in such a manner
as to permit the occupancy thereof as a dwelling, sleeping place or
for business purposes for one (1) or more persons and having wheels,
jacks, piers or skirting so arranged as to be integral with or portable
by said vehicle.
That type of dwelling known as a "trailer," "camper," "travel
trailer," "camp car," or "motor home," even though the same may be
placed on a foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home or manufactured home,
which is leased by the mobile home park owner to the owner or occupants
of the mobile home or manufactured home erected on the lot.
A parcel of land, under single ownership, which has been
planned and improved for the placement of mobile homes or manufactured
homes for non-transient use and consists of three (3) or more mobile
home or manufactured home lots.
A type of freestanding tower with a single shaft of wood,
steel, or concrete and a platform (or racks) for antenna arrayed at
the top.
See "Gasoline Service Station."
A layer of wood chips, dry leaves, straw, hay, plastic, or
other materials placed on the surface of the soil around plants to
retain moisture, prevent weeds from growing; hold the soil in place,
and aid in plant growth.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
Waters capable of being traversed by pleasure craft.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure or building the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of the
zoning ordinance, but fails to conform to the requirements of the
zoning district in which it is located by reasons of such adoption,
revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of the zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption, revision or amendment.
Located outside the lot lines of the lot in question, but
within the property (of which it is a part) which is the subject of
a development application or contiguous portion of a street or right-of-way.
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.
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a dedicated
street right-of-way.
Not located on the property which is the subject of a development
application nor a contiguous portion of a street or right-of-way.
Improvements made outside the original tract to accommodate
conditions generated inside the original tract that are transferred
off site as a result of the proposed development.
Located on the lot in question.
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets,
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An unenclosed portion of a lot, parcel or common area which
is not devoted to driveways, structures and other paved surfaces and
improvements and is free of environmental obstructions such as rock
outcroppings, slopes in excess of ten percent (10%), floodplains,
marshes and wetlands, or other legal restrictions which would severely
limit its use as intended.
Any quantity of land, consisting of one (1) or more lots,
that is capable of being described with such definiteness that its
location and boundaries may be established.
A lane usually set on the sides of streets, designed to provide
on-street parking for vehicular traffic.
The area provided for the parking of a motor vehicle with
sufficient space as provided herein for exiting and entry of the vehicle
and including handicapped accessible areas and/or spaces as required.
Said space area shall be served by adequate driveway(s) and be intended
primarily for the parking of a motor vehicle.
For purposes of notice, any applicant for development, owners
of the subject property and all owners of adjacent property and governmental
agencies entitled to notice under N.J.S.A. 40:55D-1 et seq., the Pinelands
Protection Act, and the Pinelands Comprehensive Management Plan.
Any security, including cash, which may be acceptable by
the Township to ensure the installation of required subdivision and/or
site plan improvements; provided that the Township shall not require
more than ten percent (10%) of the total performance guaranty in cash.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
A test designed to determine the ability of ground to absorb
water, and used in determining the suitability of a soil for drainage
or for the use of a septic system.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
The area designated pursuant to Section 10(a) of the Pinelands
Protection Act, N.J.S.A. 13:18A-1 to 13:18A-29, as amended.
In the Pinelands Area, development which shall mean 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 or termination of rights of
access or riparian rights including, but not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
The agency responsible from February 8, 1979 until June 28,
1979 for the review of an 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.
See N.J.A.C. 7:50-6.43.
N.J.S.A. 13:18A-1 to 29, as amended.
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 and ilmonite.
An area of a minimum contiguous or non-contiguous size as
specified by this chapter to be developed according to a plan as a
single entity containing one (1) or more structures with appurtenant
common areas to accommodate commercial or office uses or both and
any residential or other uses incidental to the predominant uses as
may be permitted by this chapter.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development, or planned industrial
development.
An area with a specified minimum contiguous or non-contiguous
acreage of ten (10) acres or more to be developed as a single entity
according to a plan, containing one (1) or more residential clusters
or planned unit residential developments and one (1) or more public,
quasi-public, commercial, or industrial areas in such ranges of ratios
of nonresidential uses to residential uses as shall be specified in
this chapter.
An area with a specified minimum contiguous acreage of five
(5) acres or more to be developed as a single entity according to
a plan containing one (1) or more residential clusters, which may
include appropriate commercial, or public or quasi-public uses all
primarily for the benefit of the residential development.
The Land Use Board of the Township of Maurice River established
pursuant to N.J.S.A. 40:55D-25c. See Land Use Board.
A plant species whose survival worldwide, nationwide, or
in the State is in jeopardy.
A map or maps of a subdivision or site plan.
Water suitable for drinking or cooking purposes.
An initial meeting between developer(s) and the municipal
representatives which affords developers the opportunity to present
their proposals informally.
The conferral of certain rights prior to final approval,
after specific elements of a development plan have been agreed upon
by the Land Use Board and the applicant.
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.
A map indicating the proposed layout of a development and
related information that is submitted for preliminary approval.
The primary and main purpose for which a lot or building
are used.
An office with sufficient area and uses to be utilized by
a member of State recognized and/or licensed profession such as a
doctor, dentist, lawyer, architect, engineer, or planner. Such an
office may include space and facilities to accommodate employees normally
associated with such professional activity.
All lands within the Pinelands Area which are not included
in the Preservation Area as set forth and delineated in the Pinelands
Protection Act. Within the Township, the area includes all land east
and north of Union Road, the Manumuskin River and the Delsea Drive
(State Highway #47).
A company that provides wireless services via a local communications
facility.
Development, including subdivision, by any Township or other
governmental agency.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, State or county agency, or other
public body for recreational or conservation uses.
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.
A use, activity, or structure owned, operated and occupied
by a Township, county, State or federal governmental agency or other
public agency such as a board of education.
A nonprofit use serving the public or a significant portion
thereof, not controlled directly by government or a governmental agency
and financed in whole or in part by either public funds or public
contributions. In addition, quasi-public facilities include those
operated by nonprofit institutions or organizations, including homeowners
associations, which are operated by persons or groups of persons for
public purposes but with only limited public control or accessibility.
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
The largest tree of a particular species in New Jersey based
on its circumference at four and one-half (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 Pinelands Commission.
Any recreational facility which does not satisfy the definition
of "low intensive recreational facility," including, but not limited
to, golf courses, marinas, amusement parks, theme park, hotels and
motels.
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure time
or recreational use. Recreational vehicles or units including travel
trailers, truck-mounted campers, motor homes, campers, folding tent
campers and autos, buses or trucks adapted for vacation use and other
vehicles not suitable for daily conventional family transportation
or long-term occupancy are in this category. Snowmobiles, mini-bikes,
dirt bikes, all-terrain vehicles, go-carts, and boat trailers are
also deemed recreational vehicles.
A structure or use of land and/or buildings by a nonprofit
organization for religious activities or by a religious organization
for educational, charitable, or eleemosynary or philanthropic purposes.
The lowest order of residential street (See Street Hierarchy).
Provides frontage for access to private lots, and carries traffic
having destination or origin on the street itself. Such a street is
designed to carry traffic at the slowest speed. Traffic volume should
not exceed two hundred fifty (250) ADT (average daily trips) at any
point of traffic concentration. The maximum number of housing units
should front on this class of street.
A form of planned residential development to be developed
as a single entity according to a plan containing residential housing
units which have a private or public open space area as an appurtenance.
The highest order of residential street (See Street Hierarchy)
Such streets are designed to conduct and distribute traffic between
lower-order residential streets and higher-order streets (arterial
roadways and expressways). Since its function is to promote free traffic
flow, access to homes and parking should be prohibited. Collectors
should be designed to prevent use as shortcuts by non-neighborhood
traffic. Total traffic volume should not exceed three thousand (3,000)
ADT (average daily trips).
The site improvement standards that are the administrative rules and the technical requirements that apply to new residential developments in New Jersey as promulgated in the New Jersey Administrative Code, Title 5, Chapter 21, (N.J.A.C. 5:21), as amended, under the provisions of the enabling legislation, P.L. 1993, Chapter 32, and located in the New Jersey Statutes Annotated at Title 40, Chapter 55D, Section 40, (N.J.S.A. 40:55D-40). They include technical standards for streets and parking, water supply, sanitary sewers and stormwater management.
A structure or group of structures with accessory buildings
and uses arranged in a "campus" setting to provide treatment, training
and other related services and activities for patients and clients
in residence with physical, mental or behavior disabilities capable
of rehabilitation and who require supervision, counseling, treatment,
oversight and confinement to such an institution.
Middle order of residential streets (See Street Hierarchy)
and that provides frontage for access to lots and carries traffic
to and from adjoining residential access streets. Traffic should have
origin or destination in the immediate neighborhood. Traffic volume
should not exceed five hundred (500) ADT (average daily trips) at
any point of traffic concentration.
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
materials by the landowner.
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.
An establishment where food and drink are prepared, served,
and consumed primarily with the principal building.
See Restaurant, Take-out.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place or is designed to take place outside the
confines of the restaurant, or where ordering and pickup of food may
take place from an automobile.
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, 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 instruments. The designation
of a subdivision as a "resubdivision" shall be determined on the basis
of the tract or parcel affected without regard to any change in ownership
since the adoption of subdivision regulations in Maurice River Township,
Ordinance #183, adopted April 21, 1966.
A wall that is not laterally supported at the top, designed
to resist lateral soil load.
A pond, pool or basin used for the permanent storage of water
runoff without a surface water discharge.
The provision in the design of a land development allowing
for lots adjacent to an abutting existing road to front on an internal
street without any direct access from the adjacent lots to the existing
abutting road.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
for another special reason.
A stand for the display of farm products, baked goods, refreshments,
arts and crafts, or other goods or products whether produced on site
or off site, located along the front of a property along a road or
street according to the provisions of this chapter.
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.
The water which is removed from the soil over the surface
or through drains beneath the surface by natural and/or man-made means.
The Zoning Schedule of District Regulations made a part of
this chapter.
A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
The deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity, or other natural means as
a product of erosion.
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.
An underground system with a septic tank used for the decomposition
of domestic wastes.
A water-tight receptacle that receives the discharge of sewage.
The distance between any building and any lot line.
The line that is the required minimum distance from any lot
line and that establishes the area within which the principal structure
must be erected or placed. See also Building Line.
A tree, usually deciduous, planted primarily for overhead
canopy.
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.
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline, and
used for emergency stopping of vehicles and parking.
A paved, surfaced, or leveled area, paralleling and usually
separated from the street, but located within the right-of-way, and
used as a pedestrian walkway.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic.
A triangular-shaped portion of land established at street
intersections or driveways in which nothing is erected, placed, planted
or allowed to grow in such a manner as to limit or obstruct the sight
distance of motorists entering or leaving the intersection.
Any permanent or temporary structure or part thereof, or
any device attached, painted or represented directly or indirectly
on a structure or other surface that displays or includes letters,
artwork, insignia, flag or representation which is in the nature of
an advertisement, visual communication, direction or is designed to
attract the eye or bring the subject to the attention of the public.
Flags of any governmental unit or branch of any charitable or religious
organization, interior signs not visible from a public right-of-way
or adjoining property, and cornerstones built into or attached to
a wall of a building are excluded.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including,
but not necessarily limited to, topography, vegetation, drainage,
floodplains, marshes, and waterways;
The location of all existing and proposed buildings, drives,
parking spaces or areas, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices; and
Any other information that may reasonably be required in order
to make an informed determination pursuant to this chapter.
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.
[Ord. No. 658-2017 § 2]
A unique, rare, or otherwise specifically selected plant
or tree which most typically represents a whole class or group, specifically
in shape, form, historical importance, or any other characteristics
which may be designated as such by the New Jersey Division of Parks
and Forestry.
Any tree of exceptional size which is listed by the New Jersey
Division of Parks and Forestry. A listing of such trees and a map
showing their location is maintained at the principal office of the
Pinelands Commission.
Standards that are:
Adopted by ordinance pursuant to N.J.S.A. 40:55D-65, Subparagraph
D, regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and flammable matters, smoke and airborne particles, waste
discharges, screening of unsightly objects and conditions, and such
other similar matters as may be reasonably required by the Township;
or
Required by applicable federal or State laws or other municipal
ordinance; or
Adopted by this chapter to incorporate the management standards
of the Pinelands Comprehensive Management Plan.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
That part of a structure included between any floor and the
floor or roof next above. When applied to the permissible height of
buildings, the term "story" shall not include a basement if the floor
thereof is below the average ground level around the structure.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other roadway. See also: cul-de-sac, marginal access street, residential
access street, residential collector, residential sub-collector, and
alley.
Man-made, above-ground items that are usually found in street
rights-of-way including: benches, kiosks, planters, canopies, shelters,
and phone booths.
The mechanical and utility systems within a street right-of-way
such as hydrants, manhole, traffic lights and signs, utility poles,
lines and service boxes or stations, parking meters and the like.
The conceptual arrangement of streets based upon function.
A hierarchal approach to street design classifying streets according
to function, from high traffic arterial roads down to streets whose
function is residential access.
The dividing line between a lot and the outside boundary
or right-of-way line of an opened or officially platted public street,
or between a lot and a privately owned street easement line.
Any street that has its only ingress and egress at two points
on the same sub collector or collector street.
The line dividing a lot from the full street right-of-way,
not just the cartway. For purposes of this definition, the word "Street"
shall include the words: "road," "highway," and "thoroughfare" and
where applicable, "alley."
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.
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above, or below the surface of land.
A facility or structure including property used as the work space of an artist, musician, sculptor, photographer, dancer, film producer or craftsperson; as an office for a professional such as an architect's office or a hairstylist salon; or any similar such use as determined by the Land Use Board as permitted in connection with a home occupation as set forth in Section 35- 8.6 and Section 35-9.19.
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels, or other division of land for sale
or development. The following shall not be considered "subdivisions"
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Land Use Board or Subdivision
and Site Plan Review Committee to be for agricultural purposes where
all resulting parcels are five (5) acres or larger in size,
Divisions of property by testamentary or intestate provisions,
Divisions of property upon court order, including but not limited
to, judgments of foreclosure,
Consolidation of existing lots by deed or other recorded instrument,
and
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the tax map
or atlas of the Township.
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The term "subdivision" shall also include the term "resubdivision."
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A committee appointed by the Chairperson of the Land Use
Board for the purpose of reviewing, commenting and making recommendations
with respect to subdivision and site plan applications and having
the power to approve minor site plans and subdivisions.
The division of a lot, tract, or parcel of land into two
(2) or more lots, tracts, parcels, or other division of land. The
following shall not be considered subdivisions within the meaning
of this chapter, if no development occurs or is proposed in connection
therewith:
The natural ground lying beneath a road.
Those lands which are inundated with water throughout the
year.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not however, include either any project
for improvement of structure to comply with existing State or local
health, sanitary building maintenance or safety code specifications
which are solely necessary to assure safe living conditions or any
alterations of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
An individual licensed in the State of New Jersey to practice
land surveying pursuant to N.J.S.A. 45:8-27 et seq.
Any body of water, tank, pond or other receptacle for water
containment, whether indoors or outdoors, in or above ground, even
if portable or temporary, having a depth at any point of two and one-half
feet (2 1/2') or more, or containing over seven hundred fifty
(750) gallons of water; which is used, or intended to be used, for
swimming or bathing by the owner, resident or occupant and their guests.
A private swimming pool is considered an accessory use to a residence
under this chapter.
A public or privately owned pool open to the public on a
membership basis and requiring dressing rooms, off-street parking,
and other appurtenant accessories or facilities.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
The original upper layer of soil material to a depth of six
(6) inches which is usually darker and richer than the subsoil.
A structure that is intended to send and/or receive radio,
television or other communications.
See Dwelling, Townhouse.
One (1) or more lots assembled for the purpose of development.
A right-of-way containing a marker or beaten path, either
paved or unpaved, for pedestrian, equestrian and/or bicycle use.
An area located along a public or private road which provides
access to a park or other public lands and may include parking area
for vehicles and bicycles, public facilities, picnic tables and/or
similar limited facilities for the use of park or trail visitors.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
A processing facility approved and licensed by the State
Department of Environmental Protection used to receive and temporarily
store solid waste at a location other than the generation site and
which facilitates the bulk transfer of the accumulated solid waste
to a facility for further processing or disposal.
A portable vehicular structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses, having a body width not exceeding eight feet (8')
and a body length not exceeding thirty-two (32') feet.
A woody plant that has the potential to reach a height of
at least ten feet (10'), has a single stem, and has a definite crown
shape.
A single or one-way vehicle movement to or from a property
or study area. "Trips" can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
Non-wetlands areas or areas devoid of wetlands soils.
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.
Permission to depart from the literal requirements of the
zoning ordinance, pursuant to Subsection b of N.J.S.A. 40:55D-40 and
Subsections c and d of N.J.S.A. 40:55D-70.
The use of a land or a structure and land within a designated
village zoning district for commercial or business purposes that is
sized and intended to serve the village population needs. Such a use
may also be for the sale or manufacture of a service or goods directly
related to existing historical, cultural or environmental characteristics
of the village or its environs.
Wetlands are those lands which are inundated or saturated
by water at a magnitude, duration and frequency sufficient to support
growth of hydrophytes. Wetlands include lands with poorly drained
or very poorly drained soils as designated by the Natural Cooperative
Soils Survey of the U.S. Soils Conservation Service and as defined
in N.J.A.C. 7:50-6.3 through 6.5.
As delineated by the N.J.D.E.P. maps listed in N.J.A.C. 7:7A-1.13.
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.
Those soils designated as very poorly drained or poorly drained
by the U.S. Soil Conservation Service of the Department of Agriculture,
including, but not limited to, Atison, Bayboro, Berryland, Colemantown,
Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns, and Freshwater
Marsh and Tidal Marsh soil types.
An open area with no buildings that lie between the permitted
principal or accessory building or buildings and the nearest lot line.
Such yard shall be unoccupied and unobstructed from the ground upward,
except as provided otherwise in this chapter.
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point on the lot where a building is permitted. In the case of corner
lots or reverse frontage lots, front yard of the required depth shall
be provided along all streets; or in the case of an interior lot,
along the front property line.
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point on the lot where a building is permitted.
A yard extending the full depth of the lot along the side
lot line and extending in width from such side lot to the nearest
point on the lot where a building is permitted.
The location of a building on a lot in such a manner that
one or more of the building's sides rests directly on the lot line.
The designation of specified districts within a municipality,
reserving them for certain uses together with limitations on lot size,
heights of structures and other stipulated requirements.
The official Land Use Zoning Map of the Township, as amended.
A document issued and signed by the Zoning Officer which:
