[Ord. No. 94-29 § 118-3; Ord. No. 97-33; Ord. No.
97-34; Ord. No. 99-39-OAB § 1; Ord. No. 01-21-OAB §§ 3, 4; Ord. No. 02-4-OAB § 1; Ord. No. 03-24-OAB; Ord. No. 06-20-OAB § 2;
11-25-OAB § 8; Ord. No. 2012-16-OAB § 1; Ord. No. 2015-14-OAB § 1; Ord. No. 2015-22-OAB § 1]
The following words, terms or phrases, when used in this chapter
shall have the meanings ascribed in this section. The term "shall"
indicates a mandatory requirement, and the term "may" indicates a
permissive action. Words used in the present tense include the future.
The singular number includes the plural, and the plural, the singular.
The word "building" includes the word "structure." The word "zone"
includes the word "district"; the term "such as" introduces a typical
construction rather than an entirely exclusive or individual design.
Any term or word applying to those portions of the Township that are
located within the Pinelands Area and not defined herein shall be
defined as set out in N.J.A.C. 7:50-2.11.
Shall mean a street designed to provide vehicular access
to abutting property and to discourage through traffic.
Shall mean a use, structure or building which is subordinate
to and serves a principal building or a principal use; is subordinate
in area, extent and purpose to the principal structure or principal
building or 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 definition
shall not include a "man-made" decoration or landscaping improvement
known as a pond up to 100 square feet with a maximum depth of 30 inches
and a maximum height of 18 inches above grade.
[Amended 4-22-2019 by Ord. No. 19-15-OAB]
Shall mean for Planning Board matters, the Planning Board
Engineer; for Board of Adjustment matters, the Zoning Officer; for
Official Map matters, the Zoning Officer; for Township Council matters,
the Township Clerk; and for certification of subdivision approval,
the Planning Board Engineer.
Shall mean 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 an agricultural/horticultural
use; however, it does not include supermarkets, convenience stores,
restaurants and other establishments that coincidentally sell agricultural
products, nor does it include agricultural production facilities such
as a farm itself, nor facilities that are solely processing facilities.
Shall mean 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.
Shall mean any production of plants or animals useful to
man, including but not limited to: forage or sod crops; grains and
feed crops; dairy animals and dairy productions; 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; aquaculture; or any land devoted to and meeting the requirements
and qualifications for payment or other compensation pursuant to a
soil conservation program under an agency of the Federal Government.
Shall mean a facility designed, constructed and operated
for the express purpose of processing agricultural products grown
in the Pinelands, including washing, grading and packaging of those
products.
Shall mean an area surrounding an airport which meets or
exceeds the minimum dimensions required by the regulations of the
Air Safety and Hazardous Zoning Act of 1983, and consisting of a runway
subzone, two runway end subzones and two clear zones.
Shall mean and collectively includes permitted, accessory
and conditional uses.
Shall mean a change in the structural parts of an existing
building; or an enlargement, whether by extension of a side or by
increasing in height; or the moving from one location to another.
Shall mean those animals designated by the New Jersey Department
of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
Shall mean a developer submitting an application for development.
Shall mean 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-34 or N.J.S.A.
40:55D-36.
Shall mean any application filed with any permitting agency for any approval, authorization or permit that is prerequisite to initiating development in the Pinelands Area, except as provided in § 35-162 of this chapter.
Shall mean the Planning Board of the municipality unless
a different agency is designated by ordinance when acting pursuant
to the authority of N.J.S.A. 40:55D-1 et seq.
Shall mean the propagation, rearing and subsequent harvesting
of aquatic organisms in controlled or selected environments, and their
subsequent processing, packaging and marketing, including, but not
limited to, activities to intervene in the rearing process to increase
production such as stocking, feeding, transplanting and providing
for protection from predators.
Shall mean and include, but is not limited to finfish, mollusks,
crustaceans and aquatic plants which are the property of a person
engaged in aquaculture.
Shall mean the establishment of tree cover through direct
or supplemental seeding or planting.
Shall mean a place of business where the primary purpose
is the sale of new motor vehicles, having a building with showrooms,
office space, repair and maintenance facilities, with or without a
used car lot incidental thereto and on the same business premises
or immediately adjacent thereto.
Shall mean a building or place of business where gasoline,
oil and greases, batteries, tires and automobile accessories are supplied
and dispensed directly to the motor vehicle trade, at retail, and
where minor repair service is rendered. Sale of new or used cars is
prohibited.
Shall mean a building and place of business where body and
major repair work are performed on motor vehicles.
Shall mean a story partly underground, having more than 1/2
of its height above ground.
Shall mean an owner-occupied dwelling in which overnight
accommodations and a morning meal are provided for transient guests
for compensation, and in which the overnight accommodations are accessory
to the principal use of the dwelling as a residence. The use must
be registered as a bed and breakfast establishment with the New Jersey
Department of Community Affairs.
Shall mean 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.
Shall mean a building or portion of a building, whether private
for-profit, nonprofit, or institutional, principally engaged in providing
inpatient and outpatient services for treatment of victims of addiction,
psychiatric, psychological, or other behavioral health condition where
care may be provided on a short-term or long-term basis and whose
operators are licensed to provide such services by the State of New
Jersey, but not to include hospitals, other health care facilities,
or residential medical detoxification centers.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean the Planning Board or Zoning Board of Adjustment
of the Township of Berkeley.
Shall mean the board established pursuant to N.J.S.A. 40:55D-69.
Shall mean any waterfront facility wherein docking accommodations
and/or dryland storage accommodations for any watercraft, such as
power boats, sailboats or rowboats are provided and where facilities
for the building, rebuilding and general repair of boats and marine
equipment are provided. A "boatyard" shall be deemed to include all
auxiliary and accessory services, such as chandlery, gasoline sales
and rental business activities related to the primary use.
Shall mean any brewery establishment operating under an approved,
state-issued limited brewery license issued and valid pursuant to
N.J.S.A. 33:1-10(1b).
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean any brewery establishment operating under an approved,
state-issued restricted brewery license issued and valid pursuant
to N.J.S.A. 33:1-10(1c).
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean 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.
Shall mean the land area used to visibly separate one use
from another or to shield or block noise, lights or other nuisances.
Buffer areas may contain existing natural vegetation, fences or berms,
as well as shrubs and trees.
Shall mean that portion of any lot lying within front, rear
and side setback lines.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean vertical distance measured from the average elevation
of the finished lot grade to the highest point of the roof for flat
roofs, to the deckline of a mansard roof and to the mean height between
the eaves and ridge for a gable or hipped roof.
Shall mean a line formed by the vertical projection to the
ground of the exterior surface of the building on any side. In case
of a cantilevered section of a building, the vertical project will
coincide with the surface nearest the property line. All yards are
measured between the property line and the "building line" nearest
that property line.
Shall mean the required minimum distance from the street
right-of-way line or any other lot line that establishes the area
within which the principal structure must be erected or placed.
Shall mean a building within which is conducted the main
or principal use of the lot on which said building is situated.
Shall mean a cable television company as defined pursuant
to N.J.S.A. 48:5A-3.
Shall mean a portable structure, which is self-propelled
or mounted on or towed by another vehicle, and which is designated
and used for temporary living for travel, recreation, vacation. Camper
does not include mobile homes.
Shall mean a place used or suitable for camping on which
a temporary shelter such as a tent or camper may be placed and occupied
on a temporary and seasonal basis.
Shall mean a governmental acquisition of real property or
major construction project.
Shall mean a story partly underground, having more than 1/2
of its height below the average level of the adjoining ground.
See N.J.A.C. 7:50-6.156 and § 35-149 of this chapter.
Shall mean 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.
Shall mean systems, 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 the handling of people and goods by such means
as terminals, stations, warehouses and other storage buildings or
transshipment points.
Shall mean an area contained within the runway end subzone
of an airport hazard area within which all structural development
is prohibited.
Shall mean 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.
Clear-cutting 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.
Shall mean a development of single-family detached dwellings
which will preserve desirable open spaces, conserve floodplains and
provide recreational parks and lands for purposes compatible with
the residential uses by the reduction of lot sizes and by use of certain
other regulations.
Shall mean a sign structure advertising an establishment,
merchandise, service or entertainment, which is not sold, produced,
manufactured or furnished at the property on which the sign is located,
e.g., "billboards" or "outdoor advertising."
Shall mean a single- or multi-facility structure or use designed
to be used for cultural entertainment, exhibitions, recreational and/or
sporting activities.
Shall mean the Pinelands Commission, created pursuant to
N.J.S.A. 13:18A-1 et seq.
Shall mean 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 and enjoyment of residents
and owners of the development.
Shall mean the plan adopted by the Commission pursuant to
N.J.S.A. 13:18A-1 et seq.
Shall mean 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 Ordinance, and upon the issuance
of an authorization therefor by the Planning Board.
Shall mean land which is connected or adjacent to other land
so as to permit the land to be used as a functional unit; provided
that separation by lot line, streams, dedicated public roads that
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.
Shall mean a development other than a planned development.
Shall mean 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.
Shall mean a composite of the Master Plan for the physical
development of the County in which the municipality is located, with
the accompanying maps, plats, charts and descriptive and explanatory
matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2
and N.J.S.A. 40:27-4.
Shall mean the Planning Board of the County of Ocean.
Shall mean calendar days.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
Shall mean the desired NJDOT right-of-way width of State
Highway Route 9 as defined by N.J.A.C. 16:47-1.1 et seq.
Shall mean 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.
Shall mean the division of a parcel of land into two 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 extension
of use of land, for which permission may be required pursuant to this
chapter.
Shall mean the Berkeley Township Land Development Ordinance,
Official Map Ordinance or other municipal regulation of the use and
development of land or amendment thereto.
Shall mean, in the Pinelands Area of the Township, any division
of land into five or more lots; any construction or expansion of any
housing development of five or more dwelling units; any construction
or expansion of any commercial or industrial use or structure on a
site of more than three acres; or any grading, clearing or disturbance
of an area in excess of 5,000 square feet.
Shall mean, in the Pinelands Area of the Township, any Pinelands
development other than major Pinelands development.
Shall mean, in the Pinelands Area of the Township, the change
or enlargement of any use or disturbance of any land, the performance
of any building or mining operation, the division of land into two
or more parcels, and the creation or termination of rights of access
or riparian rights including, but not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or significant change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, including
but not limited to an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land;
Commencement of resource extraction, drilling, or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
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 flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Shall mean any development by a public agency.
Shall mean 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.
Shall mean a distillery operating under a state-issued craft
winery license issued and valid pursuant to N.J.S.A. 33:1-10(3d).
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean 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 nonpoint pollution, to maintain the integrity of stream
channels for their biological functions as well as for drainage, and
the means necessary for water supply preservation or prevention or
alleviation of flooding.
Shall mean the lands required for the installation of stormwater
sewers or drainage ditches, or 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.
Shall mean 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.
Shall mean one or more rooms, designed, occupied or intended
for occupancy as separate living quarters, with cooking, sleeping
and sanitary facilities provided within the dwelling unit for the
exclusive use of a single family maintaining a household.
Shall mean a dwelling unit consisting of not more than one
habitable room together with kitchen or kitchenette and sanitary facilities.
Shall mean a one-family dwelling attached to two or more
one-family dwellings by common vertical walls.
Shall mean a dwelling which is not attached to any other
dwelling by any means.
Shall mean a building designed for the residence of more
than two families or containing more than two dwelling units, including
apartment houses, apartment hotels and flats, but not including motels.
Shall mean a one-bedroom apartment containing one enclosed
bedroom, toilet and bath facilities, a kitchen, a living area and
a dining area. The dining area shall be in combination with, and completely
open on at least one side to, either the kitchen or living area. No
additional rooms shall be permitted except hallways, an outdoor patio
and suitable closet and storage space.
Shall mean a one-family dwelling on a separate lot with open
space setbacks on three sides and with a court.
Shall mean a detached building designed for and occupied
exclusively by one family or containing one dwelling unit.
Shall mean a dwelling which is designed for and occupied
by not more than one family and surrounded by open space or yards
and which is not attached to any other dwelling by any means.
Shall mean a three-bedroom apartment containing three enclosed
bedrooms, toilet and bath facilities, a kitchen, a living area and
a dining area. The dining area may be in combination with either the
kitchen or living room or may be a separate room. No additional rooms
shall be permitted except hallways, an outdoor patio and suitable
closet and storage space.
Shall mean a one-family dwelling in a row of at least three
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 or more common fire resistant
walls.
Shall mean a two-bedroom apartment containing two enclosed
bedrooms, toilet and bath facilities, a kitchen, a living area and
a dining area. The dining area shall be in combination with, and completely
open on at least one side to, either the kitchen or living area. No
additional rooms shall be permitted except hallways, an outdoor patio
and suitable closet and storage space.
Shall mean a detached or semi-detached building designed
for not more than two individual families or containing not more than
two dwelling units, which are separated entirely by vertical walls
or horizontal floors.
Shall mean all electric lines other than electric transmission
lines.
Shall mean 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.
Shall mean a municipal advisory body created pursuant to
P.L. 1968, c. 245.
Shall mean the detachment and movement of soil rock fragments
by water, wind, ice or gravity.
Shall mean the erection, construction, alteration or maintenance
by a public utility or municipal agency of underground or overhead
transmission, distribution or collection systems necessary for the
furnishing of adequate service by such utility or agency to the use
on the same lot and/or surrounding neighborhood or for the public
health, safety or general welfare.
Shall mean one or more individuals, occupying a dwelling
unit and living as a single household unit.
Shall mean agricultural activity or the raising of livestock,
poultry or other animals for gain, conducted on a plot of not less
than three acres of land.
Shall mean 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
guarantees properly posted for their completion, or approved conditioned
upon the posting of such guaranties.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations, and which, upon approval, shall be filed with
the proper County recording officer.
Shall mean 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.
Shall mean the gross floor area of all buildings on a lot
divided by the lot area.
Shall mean a uniform group of trees of similar species, composition,
size, age and similar forest structure.
Shall mean 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, clear-cutting, 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.
Shall mean a sign supported permanently upon the ground by
poles or braces and not attached to any building.
Shall mean a building intended for storage of the motor vehicles
of the families resident upon the premises.
Shall mean a building which is used for storage of motor
vehicles on a commercial basis.
Shall mean a comprehensive plan for the development of a
planned development, as provided in N.J.S.A. 40:55D-45.2.
Shall mean the Berkeley Township Council.
Shall mean the sum of the gross horizontal areas of the several
floors of a building measured from the exterior face of exterior walls,
or from the centerline of a wall separating two buildings.
Shall mean a sign which is anchored to the ground similar
to a pylon or freestanding sign, but which has a monolithic or columnar
line and which maintains essentially the same contour from grade to
top.
Shall mean 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.
Shall mean that livable area enclosed by the exterior foundation
walls, excluding garages, open porches, porticoes, patios, breezeways
and other similar attachments.
Shall mean the natural environment of an individual animal
or plant, population, or community.
Shall mean 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.
Shall mean any building, structure, area or property that
is significant in the history, architecture, archeology or culture
of this Township, State or the nation and has been so designated pursuant
to law.
Shall mean an accessory use conducted by one or more members
of the resident family in a single-family residential zone which shall
constitute, either entirely or partly, their means of livelihood and
that is secondary and incidental to the use of the lot for residential
purposes.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean a building designed for occupancy as the temporary
residence of individuals who are lodged, with or without meals, and
in which no provision shall be made for cooking in any individual
room or suite.
Shall mean any plant growing in water or in substrate that
is at least periodically deficient in oxygen as a result of excessive
water content.
Shall mean a sign whose copy is limited to the name and/or
address of a building, institution, person or activity being identified.
Shall mean 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 6-25-2018 by Ord. No. 18-22-OAB]
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean a planned or organized industrial area with a
comprehensive design for industrial buildings, utilities, parking
and street access, which is systematically subdivided according to
the needs of the tenants and contains more than two separate buildings,
either individually owned or leased, occupied by acceptable manufacturing
or industrial enterprises.
Shall mean any land used for the following public or private
purposes: educational faculties, including universities, colleges,
elementary and secondary and vocational schools, kindergartens and
nurseries; cultural facilities such as libraries, galleries, museums,
concert halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities as are integral to
the operation of the hospital; medical and health service facilities,
including nursing homes, rehabilitation therapy centers and public
health facilities; law enforcement faculties; military facilities;
churches; public office buildings; cemeteries; 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 faculties, nor shall it include assisted
living faculties.
Shall mean (a) in a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey; and (b) in the case of a civil
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 this act, or whose rights
to use, acquire, or enjoy property under this act, or under any other
law of this State or of the United States have been denied, violated
or infringed by an action or a failure to act under this act.
Shall mean 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 Comprehensive Management
Plan took effect on January 14, 1981. These Regulations were formerly
codified as N.J.A.C. 7:1G-1 et seq.
As applied to a motor vehicle service station sign, shall
mean:
A word, abbreviation, initial or the name of the establishment
or proprietor up to a limit of seven words.
A number, trademark or symbol if without lettering; if it contains
lettering, see below; a telephone number or zip code shall be considered
a single item.
An illustration or design element and each broken plane of a
sign, if there is more than one.
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The following shall not constitute an "item of information:"
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a.
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The second, third, fourth, fifth, sixth and seventh words of
the name of the establishment.
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b.
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Lettering four inches or less in height.
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c.
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Letters or numbers carved into or applied in such a way that
they are an architectural detail of a building, provided that they
are not illustrated apart from the building, are not made of reflecting
materials and do not contrast sharply in color with the building.
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d.
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The trademark or symbol itself if it incorporates lettering
larger than four inches; provided, however, that the words which are
a part of the trademark are counted as "items of information."
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e.
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Directional signs.
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f.
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Street numbers.
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Shall mean an area used for the storage of abandoned motor
vehicles, or parts thereof, or other scrap materials or for the dismantling
or demolition of automobiles or other vehicles or for the buying,
selling, storing or trading of discarded metal, glass, paper, cordage
or other fixtures. The term "junkyard" includes automobile wrecking
yards and also includes those operations defined in the Junkyard Licensing
Ordinance for which a license or permit is necessary.
Shall mean any improvements and fixtures on, above or below
the surface.
Shall mean the manufacture of products, the process of which
does not create and emit fumes, gases, smokes, vapors, vibrations,
noise or glare or other factors which are regarded as nuisances which
would cause adverse effects to the users of adjacent land.
[Added 9-18-2023 by Ord. No. 23-30-OA]
Shall mean 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.
Shall mean any sewerage authority created pursuant to the
"Sewerage Authorities Law," N.J.S.A. 40:14A-1 et seq.; any utilities
authority created pursuant to the "Municipal and County Utilities
Authority Law," N.J.S.A. 40-.14B-1 et seq.; or any utility authority,
commission, special district or other corporate entity not regulated
by the Board of Regulatory Commissioners under Title 48 of the New
Jersey Statutes that provides gas, electricity, heat, power, water
or sewer service to a municipality or the residents thereof.
Shall mean 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.
Shall mean the total horizontal area included within the lot
lines, expressed in terms of square feet. Any portion of a lot included
in a street right-of-way shall not be included in calculating the
lot area.
No new lot may be created in which any portion of the land area
used to meet lot area requirements herein lies beyond the mean high-water
line, within a riparian grant or which lies underwater.
In those cases where an existing waterfront lot which was not
bulkheaded but was in conformance with the minimum lot area requirement
of the Zoning Ordinance in effect at the time of the lot creation
and in which the lot area was reduced by the effects of erosion, a
reduction of lot area not greater than 10% of the original lot area
may be permitted without a variance. The Zoning Officer shall require,
in such cases, as a condition of issuance of any zoning permit to
such a lot, the submission of proofs that all State and local permits
required for bulkheading of this lot have been obtained, along with
a plan indicating the location of the proposed bulkhead on the lot.
The Zoning Officer may, as a condition to the issuance of a zoning
permit, modify the bulkheading requirements to include other suitable
means of shoreline stabilization as permitted by State and local agencies
having jurisdiction.
The Construction Official shall require that all bulkheading
or other suitable means of shoreline bank stabilization approved by
the Zoning Officer be completed as shown on the bulkheading plan prior
to the issuance of any certificate of occupancy. The purpose of the
bulkheading is to ensure the dimensional stability of the lot through
the prevention of erosion.
Shall mean the percentage of the lot area which is covered
by the building area, which includes the total horizontal area when
viewed in plan.
Shall mean the shortest perpendicular or radial distance
between the front lot line and a line drawn parallel to the front
lot line through the midpoint of the rear lot line, provided that
in triangular lots having no rear lot line, the distance shall be
measured to the midpoint of a line parallel to the front lot line
which shall be not less than 10 feet in length measured between its
intersections with the side lot lines.
Shall mean a lot line, or portion thereof, which is continuously
coexistent with a street line. In the case of a street of undefined
width, the lot shall be assumed to parallel the center line of the
street at a distance 25 feet therefrom. In the case of corner lots,
the smaller of the two lot lines coexistent with the street line shall
be considered as the frontage.
Shall mean a line of record bounding a lot which divides
one lot from another lot or from a public or private street or any
other public space.
Shall mean the lot line separating a lot from a street right-of-way.
Shall mean the lot line opposite and most distant from the
front lot line; or in the case of triangular or otherwise irregularly
shaped lots, a line 10 feet in length entirely within the lot, parallel
to and at a maximum distance from the front lot line.
Shall mean any lot line other than a front or rear lot line.
Shall mean the horizontal distance between the side lot lines
measured at right angles to its depth at a point which constitutes
the rear line of the required front yard space, which distance is
measured along the minimum front setback line.
Shall mean a lot or parcel of land abutting upon two or more
streets at their intersection, or upon two parts of the same street.
Shall mean a lot which fronts upon two parallel streets,
or which fronts upon two streets which do not intersect at the boundaries
of the lot.
Shall mean a vehicle as defined in 49 CFR 571.3(b) that is
four wheeled and whose attainable speed is more than 20 miles per
hour and no more than 25 miles per hour on a paved level surface and
whose GVWR is less than 3,000 pounds. It cannot be powered by gas
or diesel fuel and must comply with federal safety standards as noted
in 49 CFR 571.500.
[Added 11-20-2023 by Ord. No. 23-40-OAB]
Shall mean any security which may be accepted by a municipality
for the maintenance of any improvements required by this act, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean the fabrication, assembly or processing of goods
or materials, or the storage of bulk goods, where such activities
create no hazard from fire or explosion and produce no toxic or corrosive
fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise
or vibration, glare, flashes or objectionable effluent.
Shall mean any waterfront facility wherein berthing spaces
for any and all watercraft or boats are provided. A "marina" shall
be deemed to include automobile parking facilities, sanitary facilities,
motor fuel sales, boat sales, repairs, maintenance and service, excluding,
however, facilities for the construction of new boats. For the purpose
of this chapter, the rental, sale or lease of two or more berthing
spaces to other than the residents of the property contiguous to same
shall be deemed to constitute a "marina" and the same shall conform
to all provisions of this chapter pertaining to "marinas."
Shall mean a composite of one or more written or graphic
proposals for the development of the Township which shall have been
duly adopted by the Planning Board.[1]
Shall mean an organization approved by the State of New Jersey
to perform activities necessary to provide registered qualifying patients
with usable marijuana and related paraphernalia in accordance with
the provisions of the Compassionate Use Medical Marijuana Act (N.J.S.A.
24:6I-3).
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean a development plan of one or more lots which proposes
new development within the scope of development specifically permitted
by ordinance 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 in order to make an informed determination
as to whether the requirements established by ordinance for approval
of a minor site plan have been met.
Shall mean any subdivision containing not more than four
lots fronting on an existing street, not involving any new street
or road or the extension of Township facilities or off-tract improvements,
not adversely affecting the development of the remainder of the parcel
or adjoining property and not in conflict with any provision or portion
of the Master Plan, Official Map, Zoning Ordinance or this chapter.
Shall mean a dwelling unit manufactured in one or more sections,
designed for long-term occupancy and which can be transported after
fabrication to a site where it is to be occupied.
Shall mean the Planning Board or Board of Adjustment, or
Governing Body of the Township of Berkeley when acting pursuant to
this chapter and any agency which is created by or responsible to
one or more municipalities when such agency is acting pursuant to
this chapter.
Shall mean the establishment of a plant or plant age class
from natural seeding, sprouting, suckering or layering.
Shall mean a unit of brightness measured by candelas per
square meter.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of a 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.
Shall mean a structure, the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
zoning ordinance, 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.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of a zoning ordinance 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.
Shall mean any building in which more than one room or an
area exceeding 400 square feet is used for the accommodation of the
aged or sick who are residents therein, excluding members of the resident
family.
Shall mean 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.
Shall mean 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.
Shall mean not located on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
Shall mean the map, with changes and additions thereto, adopted
and established from time to time by resolution of the Board of Chosen
Freeholders of the County pursuant to N.J.S.A. 40:27-5.
Shall mean a map adopted by ordinance pursuant to Article
5 of Chapter 291 of the Laws of 1975.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean 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 designated
to be incidental to the natural openness of the land.
Shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this chapter.
Shall mean any quantity of land, consisting of one or more
lots, that is capable of being described with such definiteness that
its location and boundaries may be established.
Shall mean that off-street area required for parking of a
motor vehicle.
Shall mean, for purposes of notice, any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice under N.J.S.A. 40:55D-12.
Shall mean any security, which may be accepted by a municipality,
including but not limited to surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.
Shall mean the rate at which water moves through a unit area
of soil, rock, or other material at hydraulic gradient of one.
Shall mean that area designated as such by N.J.S.A. 13:18A-1
et seq.
Shall mean the plan and amendments adopted by the Pinelands
Commission pursuant to Section 7 of the Pinelands Protection Act,
to be cited as "N.J.A.C. 7:50 et seq."
Shall mean a use right allocated to certain lands within
the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure
a residential density bonus in Regional Growth Areas in other Pinelands
Area municipalities.
Shall mean 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.
See N.J.A.C. 7:50-6.43.
Shall mean N.J.S.A. 13:18A-1 to 29.
Shall mean any use that is based on resources, which are
indigenous to the Pinelands including, but not limited to forest products,
berry agriculture and sand, gravel, clay or ilmenite.
Shall mean any room, space, building, structure or portion
thereof used for gathering together, on a regular or frequent basis,
persons for a common reason, such as meeting halls, civic clubs, houses
of worship and parish buildings, auditoriums, community centers, and
union halls. Places of assembly may be permitted as a conditional
use in those zoning districts specified.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean an area of minimum contiguous size as specified
by ordinance to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate commercial or office uses or both and any residential
and other uses incidental to the predominant use as may be permitted
by ordinance.
Shall mean planned unit development, planned unit residential
development, residential cluster, planned commercial development or
planned industrial development.
Shall mean an area of a minimum contiguous size as specified
by ordinance to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate industrial uses and any other uses incidental to the predominant
use as may be permitted by ordinance.
Shall mean an area of land or development containing dwellings; recreational, cultural and medical facilities; and services for the benefit of permanent residents of communities which require that residents comply with the provisions, stipulations and restrictions regarding senior communities allowing occupancy of units by persons 55 years of age or older, as contained in the Federal Fair Housing Act, as amended in 1988. Provisions for and regulations applicable to this type of development are more fully set forth in Article VII.
Shall mean an area with a specified minimum contiguous acreage
of 10 acres or more to be developed as a single entity according to
a plan, containing one or more residential clusters or planned unit
residential developments and one or more public, quasi-public, commercial
or industrial areas in such ranges or ratios of nonresidential uses
to residential uses as shall be specified in the Zoning Ordinance.
Shall mean an integrated community providing various single-family,
multifamily, commercial and recreational uses coordinated with common
open space.
Shall mean the municipal Planning Board established pursuant
to N.J.S.A. 40:55D-23.
Shall mean a Pinelands plant species whose survival worldwide,
nationwide, or in the State is in jeopardy.
Shall mean a map or maps of a subdivision or site plan.
Shall mean any mobile or portable sign or sign structure,
not permanently attached to the ground or to any structure.
Shall mean approval granted under Article VII of this chapter which confers certain rights pursuant to Sections 34, 36 and 37 of Article 6, Chapter 291 of the Laws of 1975, prior to final approval, after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
Shall mean 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.
Shall mean the preliminary map indicating the proposed layout
of the subdivision which is submitted for Planning Board consideration
and preliminary approval, and meeting the requirements of this chapter.
Shall mean the office of a member of a recognized profession,
which shall include only the offices of doctors or physicians, dentists,
optometrists, ministers, architects, landscape architects, professional
engineers, land surveyors, lawyers, artists, authors, real estate
brokers, musicians and such other similar professional occupations
as may be so designated by the Board of Adjustment upon findings by
such Board that such occupation is truly professional in character
(as herein intended) by virtue of the need for similar training and
experience as a condition for the practice thereof and that the practice
of such occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone to any greater extent than
the professional activities listed herein. The issuance of a state
or local license for regulation of any such occupation need not be
deemed indicative of professional standing. When such office is combined
with residence, the office shall be the individual office of one member
and one member only, without associates or partners and with office
personnel limited to not more than two; the area of said office shall
not exceed 50% of the total floor area of the building.
Shall mean that use which is not specifically allowed or
permitted in a particular zone and for which a special reasons variance
under N.J.S.A. 40:55D-70(d) would be necessary in order to provide
that use in that particular zone.
Shall mean:
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water to safeguard the public against flood damage, sedimentation
and erosion.
Shall mean an open space area conveyed or otherwise dedicated
to the Township, a Township agency, Board of Education, State or County
agency or other public body for recreational or conservational uses.
Shall mean 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.
Shall mean any public utility regulated by the Board of Regulatory
Commissioners and defined pursuant to N.J.S.A. 48:2-13.
Shall mean the majority of the full authorized membership
of a municipal agency.
Shall mean the management program that employs the most efficient
use of available technology, natural, human and economic resources.
Shall mean the largest tree of a particular species in New
Jersey based on its circumference at 4.5 feet above ground level.
A listing of the largest known tree of each species and its location
is maintained at the principal office of the Commission.
Shall mean any recreational facility which does not satisfy
the definition of low intensive recreational facility including but
not limited to golf courses, marinas, amusement parks, hotels, and
motels.
Shall mean a facility or area which complies with the standards
in N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural
environment of the Pinelands and requires no significant modifications
of that environment other than to provide access, and which has an
insignificant impact on surrounding uses or on the environmental integrity
of the area. It permits such low intensity uses as hiking, hunting,
trapping, fishing, canoeing, nature study, orienteering, horseback
riding and bicycling.
Shall mean an area to be developed as a single entity according
to a plan containing residential housing units which have a common
or public open space area as an appurtenance.
Shall mean the number of dwelling units per gross acre of
residential land area including streets, easements and open space
portions of a development.
Shall mean a medically monitored intensive inpatient treatment
for substance abuse that provides twenty-four-hour-per-day physician-supervised
evaluation and withdrawal management in a permanent facility with
beds based on substance-specific clinical protocols and policies that
may include Suboxone induction, or similar medication, for opioid
dependence.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean a plan, prepared for review by the Soil Conservation
District, which details the proposed use of agricultural recommended
management practices.
Shall mean the dredging, digging, extraction, mining and
quarrying of sand, gravel, clay, or ilmenite for commercial purposes,
not including, however, the private or agricultural extraction and
use of extracted material by a landowner.
Shall mean 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.
Shall mean a restaurant with indoor formal and/or casual
dining areas(s), which may include outdoor dining areas, and with
or without banquet facilities or a cocktail lounge as an accessory
to the principal restaurant use. Entertainment may also be provided
as an accessory use for the enjoyment of dining patrons or during
banquets, except that in no event shall such entertainment be offered
exclusive of full restaurant services nor shall the dining areas be
modified to remove dining tables or seating for entertainment purposes.
Any facilities for outdoor use shall be designed to contain sound
levels in compliance with NJDEP decibel standards.
Shall mean 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 not including
conveyances so as to combine existing lots by deed or other instrument.
Shall mean 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.
Shall mean a component of an airport hazard area which is
trapezoidal in shape, extends 3,000 feet from the runway end along
the runway centerline, is 2,350 feet wide at the runway end, 850 feet
wide at 3,000 feet from the runway end and has a longitudinal centerline
common with the extended runway centerline.
Shall mean a component of an airport hazard area which is
rectangular in shape and 2,350 feet in width, and has the same length
and centerline as the runway which it circumscribes.
Shall mean a strip of land which is topsoiled, seeded, otherwise
landscaped or contains natural vegetation and separates a public street
from an on-site parking area. These planted islands are intended to
provide a clear distinction between on-site parking areas and the
street curbline or edge of pavement.
Any building or portion thereof that is designed, constructed or converted for the purpose of education. Schools may conduct elementary education, secondary education, vocational education, religious education and/or post-secondary education. Such facilities shall be subject to the conditions in § 35-127.9 of this chapter.
[Added 12-16-2019 by Ord.
No. 19-44-OAB; amended 10-26-2020 by Ord. No. 20-37-OAB]
Shall mean a method of visually shielding or obscuring one
abutting or nearby structure or use from another by fencing, walls,
berm, or densely planted vegetation.
Shall mean the level below the natural surface of the ground
to which water seasonally rises in the soil in most years.
Shall mean 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.
Shall mean that portion of any required yard area which is
set aside for the sole purpose of access from the road adjoining the
premises to the loading or unloading area on the premises, to service
the building or portion thereof.
Setback distance requirements from the face of any structure
to property lines, road, street and highway rights-of-way and on major
running streams and other bodies of water are herewith established
in this chapter for each zoning district as shown on the zoning map
and as delineated in this chapter. Such setback distances shall be
the minimum distance. The face of any structure may be located from
any right-of-way line, property line, stream or other body of water.
Determination of the conformance of waterfront properties, with
the setback requirement set forth herein for the zoning district in
which they lie, shall be in the following manner:
For the bulkhead properties, the actual setback distance provided
shall be the distance as measured from the face of the structure to
be erected to the outbound face of the existing or approved bulkhead.
For properties in which no bulkheads or other suitable means
of shoreline embankment stabilization are provided, the setback distance
provided shall be as measured from the outbound face of the proposed
bulkhead as approved by the State of New Jersey or the mean high water
line, as established by a certified survey approved by the State of
New Jersey.
Along the Route 9 Corridor the required zone district setbacks
shall be measured to the NJDOT Desired Typical Section line and no
site improvements as defined herein shall be located between the existing
cartway of Route 9 and the NJDOT Desirable Typical Section.
Shall mean 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.
Shall mean an integral commercial building complex under
one ownership serving the needs of a neighborhood or regional area,
made up of separate commercial retail establishments having a minimum
total floor area of 1,500 square feet.
Shall mean any object, device, display or structure, or part
thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, figures, designs, symbols,
fixtures, colors, illumination or projected images. Signs do not include
the flag or emblem of any nation, organization of nations, State or
city, or any fraternal, religious or civic organizations; merchandise,
pictures or models of products or services incorporated in a window
display; works of art which in no way identify a product; or scoreboards
located on athletic fields.
Shall mean an advertising sign or structure erected and maintained
by persons engaged in the sale or rental of space thereon and upon
which is displayed products or services which are not made or offered
by those persons who own the sign or by those persons upon whose property
the sign is erected.
Shall mean a sign, or portion of a sign, that displays one
or more electronic images or videos, which may or may not include
text. Digital display signs can be changed by remote or automatic
means and include television screens, video boards, plasma screens,
LED screens, or technologies of a similar nature.
Shall mean any structure used to identify the product or
activity being pursued by an industrial or business enterprise and
which is displayed upon the lot occupied by such enterprise for the
purpose of notifying the public as to the location and type of activity
in which it is engaged.
Shall mean any principal or accessory use, building or structure
(excluding approved freestanding signs), parking area or parking space,
vehicular circulation aisles (excluding approved ingress and egress
aisles) and stormwater detention or infiltration facilities.
Shall mean 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, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices and any other information that may be reasonably
required in order to make an informed determination by the Planning
Board.
Shall mean all other site plans.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean a development plan including not more than one
building having a maximum gross floor area of 2,500 square feet and
not requiring any variances or containing any proposal for construction
of public streets, roads, drainage facilities, sewer and water improvements,
on-site parking facilities for more than 10 vehicles, or any other
public facility, improvement or service.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean 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 6-25-2018 by Ord.
No. 18-22-OAB]
Shall mean the largest known individual trees of each species
as set forth in a publication entitled "New Jersey's Biggest Trees,"
NJDEPE, Division of Parks and Forestry, Summer 1991. Large trees approaching
the diameter of the known largest tree shall be considered specimen
trees.
Shall mean standards (1) adopted by ordinance pursuant to
Subsection 52d, N.J.S.A. 40:55D-65d, regulating noise levels, glare,
earthborne or sonic vibrations, heat, electronic or atomic radiation,
noxious odors, toxic matters, explosive and inflammable matters, smoke
and airborne particles, waste discharge, screening of unsightly objects
or conditions and such other similar matters as may be reasonably
required by the municipality or (2) required by applicable Federal
or State laws or municipal ordinances.
Shall mean that portion of a building included between the
surface of any floor and the surface of the next floor above it, or
if there is no floor above it, then the space between the floor and
the ceiling next above it. No "story" shall be deemed to be a first
story if its floor level is more than six feet above the level from
which the height of the building is measured. A mezzanine floor shall
be counted as a "story" if it covers more than 1/3 the area of the
floor next below it. For the purpose of this chapter, a bilevel or
split-level dwelling shall be considered a one-story structure.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way 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 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 the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
ARTERIAL STREETSShall mean those streets which are used primarily for fast or heavy traffic.
COLLECTOR STREETSShall mean those streets 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.
MINOR STREETSShall mean those streets which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSShall mean streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYShall mean minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Shall mean the dividing line between a lot and the street
right-of-way contiguous thereto.
Shall mean any change in the supporting members of a building,
such as bearing walls, columns, beams or girders, or in the utility
system or mechanical equipment of a structure which materially alters
its usability.
Shall mean 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.
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions 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 Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes
where all resulting parcels are five acres or larger in size; divisions
of property by testamentary or intestate provisions; divisions of
property upon court order; and conveyances so as to combine existing
lots by deed or other instrument. The term "subdivision" shall also
include the term "resubdivision."
Shall mean a committee of at least three 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 other duties relating to land subdivision as may be conferred
on this Committee by the Board.
Shall mean a depression in the ground which channels runoff.
Shall mean an establishment used primarily for the serving
of liquor by the drink to the general public and where food or packaged
liquors may be served and sold only as an accessory use to the principal
use.
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean a silvicultural practice involving the removal
of competing trees to favor certain species, sizes and qualities of
trees.
Shall mean the original layer of soil material varying in
thickness which constitutes the A-1 soil horizon and higher levels
is usually darker and richer than the subsoil.
Shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
Shall mean the specific purpose for which land or a building
is designed, arranged or intended or for which it is or may be occupied
or maintained.
Shall mean 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.
Shall mean permission to depart from the literal requirements
of the Berkeley Township Zoning Ordinance pursuant to Article 7, Section
47, and Article 9, Section 57c and d, of Chapter 291 of the Laws of
1975.
Shall mean 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.
Shall mean those lands that 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
soils as designated by the National Cooperative Soils Survey of the
Soil Conservation Service of the United States Department of Agriculture.
Wetlands include coastal wetlands and inland wetlands, including submerged
lands.
Shall mean 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.
Shall mean a winery operating under a state-issued winery
license issued and valid pursuant to N.J.S.A. 33:1-10(2b).
[Added 12-16-2019 by Ord.
No. 19-44-OAB]
Shall mean a space extending the full width of the lot between
any building and the front lot line, and measured perpendicular to
the building at the closest point to the front lot line. Such front
yard is unoccupied and unobstructed from the ground upward except
as may be permitted elsewhere in this chapter.
Shall mean a space extending across the full width of the
lot between the principal building and the rear lot line, and measured
perpendicular to the building to the closest point of the rear lot
line. Such rear yard is unoccupied and unobstructed from the ground
upward except as may be permitted elsewhere in this chapter.
Shall mean the open space between a lot line and the buildable
area within which no structure shall be located except as provided
in this chapter.
Shall mean a space extending from the front yard to the rear
yard between the principal building and the side lot line measured
perpendicular from the side lot line to the closest point of the principal
building. Such side yard is unoccupied and unobstructed from the ground
upward except as may be permitted elsewhere in this chapter.
Shall mean the location of a building on a lot in such a
manner that one or more of the building's sides rests directly on
a lot line.
Shall mean a specifically delineated area or district in
the Township within which regulations and requirements uniformly govern
the use, placement, spacing and size of land and buildings.
Shall mean the dividing of Berkeley Township into districts
and the establishment of regulations governing the use, placement,
spacing and size of land and buildings.
Shall mean the Board of Adjustment as established under this
chapter.
Shall mean the map or maps which are a part of the ordinances
of Berkeley Township and delineate the boundaries of zone districts.
Shall mean that person designated by the Township Council
to administer and enforce the provisions of this chapter.
Shall mean a document signed by the Zoning Officer (1) which
is required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, 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 municipal Zoning Ordinance or variance therefrom
duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60
and N.J.S.A. 40:55D-70.
[1]
Editor's Note: The former definition of "minor site plan,"
which immediately followed this subsection, was repealed Ord. No.
19-44-OAB. See now "site plan, minor."
