[Ord. #1985-7, A V; Ord. #1989-3, § 2; Ord. #1991-3,
§ 2; Ord. #1993-2, § 2; Ord. #1997-9, § 4;
Ord. #1997-11, § 1; Ord. #2001-4, § 3; Ord. #2003-6,
§ 1; Ord. #2012-4, § 2; Ord. No.
2018-5 § 5]
For the purpose of this Chapter, certain phrases and words are
herein defined as follows: "Lot" includes plot, premises and tract.
Any word or term not defined herein shall be used with a meaning of
standard usage.
ACCESSORY BUILDING, STRUCTURE or USE
Shall mean a subordinate use, clearly incidental and related
to the principal structure, building or use of the land, and located
on the same lot as that of the principal structure, building or use.
AGRICULTURAL COMMERCIAL ESTABLISHMENT
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 a farm; however it does not include
supermarkets, convenience stores, restaurants and other establishments
which coincidentally sell agricultural products, nor does it include
agricultural production facilities such as a farm itself, nor facilities
which are solely processing facilities.
AGRICULTURAL EMPLOYEE HOUSING
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.
AGRICULTURAL PRODUCTS PROCESSING FACILITY
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.
AGRICULTURE
Shall mean the growing and harvesting of crops or the raising
and breeding of livestock with accessory buildings incidental to agricultural
uses.
ALTERATIONS or ADDITIONS, STRUCTURAL
Shall mean any change in supporting members of a building
or additions to a structure requiring walls, foundations, columns,
beams, girders, posts or piers or the moving of a structure.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
Shall mean an individual or community on site waste water
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. 2018-5 § 5]
APPLICATION FOR DEVELOPMENT
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
17-72.
APPROVAL AGENCY
Shall mean any board, body or other authority within the
Township with authority to approve or disapprove subdivisions, site
plans, construction permits or other applications for development
approval.
ARTIFICIAL REGENERATION
Shall mean the establishment of tree cover through direct
or supplemental seeding or planting.
BEDDING
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.
BROADCAST SCARIFICATION
Shall mean a silvicultural practice involving the dragging
of cut trees or other objects across a parcel to remove or reduce
aboveground shrub cover, debris, leaf litter and humus without disturbance
to mineral soil horizons and associated roots.
BUILDING
Shall mean any structure having a roof supported by such
things as columns, posts, piers or walls.
BUILDING COVERAGE
Shall mean the area occupied by all the buildings on a lot
measured on a horizontal plane around the periphery of the foundation
and including the area under the roof of any structure supported by
columns, but not having walls, as measured around the outside of the
outermost extremities of the roof above the columns.
BUILDING HEIGHT
Shall mean the vertical distance measured to the highest
point of the building or structure from the average elevation of the
finished grade five (5') feet from the foundation. No building or
structure not within the Regional Growth Area, including radio and
television transmission and other communication facilities which are
not accessory to an otherwise permitted use, shall exceed thirty-five
(35') feet in height with the exception of the following structures,
provided that such structures are compatible with uses in the immediate
vicinity: antennas which do not exceed a height of two hundred (200')
feet and which are accessory to an otherwise permitted use, silos,
barns and other agricultural structures, church spires, cupolas, domes,
monuments, water towers, fire observation towers, electric transmission
lines and supporting structures, windmills, smokestacks, derricks,
conveyors, flag poles and masts, or aerials, solar energy facilities,
chimneys and similar structures to be placed above the roof level
and not intended for human occupancy.
C.M.P.
Shall mean the New Jersey Pinelands Comprehensive Management
Plan.
CAMPER
Shall mean a portable structure, which is self-propelled
or mounted on or towed by another vehicle, designed and used for temporary
living for travel, recreation, vacation, or other short-term uses.
Camper does not include mobile homes or trailers.
CAMPSITE
Shall mean a place used or suitable for camping on which
temporary shelter such as a tent or camper may be placed and occupied
on a temporary and seasonal basis.
CERTIFICATE OF CONFORMITY
Shall mean the approval issued by the Pinelands Commission
which is prerequisite to the commencement of any development by the
municipality or other public agency (see Article 4, Part 4 of the
C.M.P.).
CERTIFICATE OF FILING
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.
CLEARCUTTING
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.
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.
COMMISSION
Shall mean the Pinelands Commission created pursuant to Section
5 of the Pinelands Protection Act.
CONTIGUOUS LAND
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 which
are not paved, rights-of-way, and easement 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.
COPPICING
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.
DENSITY
Shall mean the average number of housing units per unit of
land.
DEVELOPMENT
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 or more parcels, and the creation or
termination of rights of access or riparian rights including, but
not limited to:
a.
A change in type of use of a structure or land;
b.
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
c.
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;
d.
Commencement of resource extraction, drilling, or excavation
on a parcel of land;
e.
Commencement of forestry activities;
f.
Demolition of a structure or removal of trees;
g.
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
h.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
i.
Alteration, either physically or chemically, of a shore, bank
or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
DEVELOPMENT APPROVAL
Shall mean any approval granted by an approval agency, including
appeals to the governing body, except certificates of occupancy and
variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise
include issuance of a construction permit, subdivision or site plan
approval.
DEVELOPMENT, MAJOR
Shall mean 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.
DISKING
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
DRAINAGE
Shall mean the removal of surface water or ground water from
land by drains, grading or other means including control of runoff
to minimize erosion and sedimentation during and after construction
or development and means necessary for water supply preservation or
prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
Shall mean the land required for the installation and maintenance
of storm water facilities in accordance with Chapter One of Title
58 of the Revised Statutes, as amended.
DRUM CHOPPING
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, and 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.
DUPLEX
Shall mean a single-family, semi-detached dwelling unit having
only one dwelling unit from ground to roof and only one wall in common
with another dwelling unit.
DWELLING, DETACHED
Shall mean a building detached from other buildings for residence
purposes by one family and which has its own cooking, sleeping, sanitary
and general living facilities.
DWELLING UNIT
Shall mean one or more rooms containing living, cooking,
sleeping and sanitary facilities for one family.
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.
FAMILY
Shall mean persons living and cooking together as a single
housekeeping unit whether or not related by blood, adoption or marriage
shall be deemed to constitute family.
FARM
Shall mean one or more adjoining lots with at least five
acres used for agricultural purposes.
FISH AND WILDLIFE MANAGEMENT
Shall mean the changing of the characteristics and interactions
of fish and wildlife populations and their habitats in order to promote,
protect or enhance the ecological integrity of those populations.
FLOOR AREA
Shall mean the total floor area in a structure measured by
using the outside dimension of the building at each story. The gross
floor area of units sharing a common wall shall be measured from the
center of interior walls and the outside exterior walls. In residential
uses, the gross floor area shall exclude the areas of the garage,
attic, open porch or patio, cellar, utility area, heating and cooling
rooms, and all portions of floor areas which have a ceiling height
above them of less than seven and one-half (7 1/2') feet. In
nonresidential structures, the gross floor area shall exclude areas
used for utility and heating and cooling and other mechanical equipment
but shall include all other areas including cellar and warehousing
and storage areas, regardless of ceiling height.
FOREST STAND
Shall mean a uniform group of trees of similar species, composition,
size, age and similar forest structure.
FORESTRY
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, 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:
a.
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
b.
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
c.
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this Chapter;
d.
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
e.
Removal or planting of trees for the personal use of the parcel
owner; and
f.
Removal of trees for public safety.
GARAGE, PRIVATE
Shall mean an accessory building or portion of the main building
for the parking of the vehicles of the occupants of the lot.
GROUP SELECTION
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.
HABITAT
Shall mean the natural environment of an individual animal
or plant, population or community.
HISTORIC RESOURCE
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.
HOME OCCUPATION
Shall mean an occupation being conducted wholly or in part
from a residence or its residential lot as an accessory use. Such
occupations shall be conducted solely by the resident occupants of
the residential building except that no more than one person not a
resident of the building may be employed and provided also that no
more than 900 square feet or the equivalent of the first floor area
of the building, whichever is smaller, shall be used for such purposes.
No display of products shall be visible from the street; the residential
character of the building shall not be changed; no sign shall be displayed
exceeding a maximum of two square feet; no occupational sounds shall
be audible outside the buildings; no article shall be offered for
sale from the premises nor shall any article be displayed outside;
no machinery or equipment shall be used which will cause interference
with radio and television reception in the neighboring residences;
and the use shall not reduce the parking or yard requirements of the
principal residential use.
HYDROPHYTES
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.
IMMEDIATE FAMILY
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.
[Ord. No. 2018-5 § 5]
IMPERVIOUS SURFACE
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.
INDIVIDUAL SELECTION
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.
INDUSTRIAL PARK
Shall mean a tract comprehensively planned for industrial
uses whether or not the buildings are erected in one development stage
or over a period of time.
INSTITUTIONAL USES
Shall mean any land used for the following public or private
purposes: educational facilities, including universities, colleges,
elementary and secondary and vocational schools, kindergartens and
nurseries; cultural facilities such as libraries, galleries, museums,
concert halls, theaters and the like; churches; cemeteries; public
office buildings; hospitals, including such educational, clinical,
research and convalescent facilities as are integral to the operation
of the hospital; medical and health service facilities, including
nursing homes, rehabilitation therapy centers and public health facilities;
law enforcement facilities; military facilities; other similar facilities.
For purposes of this ordinance, institutional use shall not include
medical offices which are not associated with hospitals or other medical
or health service facilities, nor shall it include assisted living
facilities.
INTERESTED PARTY OR PERSON
Shall mean any persons 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 of the United States has been
denied, violated or infringed upon by an action or a failure to act
under this Chapter.
INTERIM RULES AND REGULATIONS
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 Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
JUNK YARD
Shall mean any area of land, with or without buildings, devoted
to the storage, keeping or abandonment of junk or debris, whether
or not it is in connection with the dismantling, processing, salvage,
sale, or other use of disposition thereof of any material whatsoever.
LAND
Shall mean and include the surface and the subsurface of
the earth as well as improvements and fixtures on, above, or below
the surface and any water found thereon.
LANDOWNER
Shall mean any individual, firm, association, syndicate,
copartnership, corporation, trust or any other legal entity having
legal title to the land. The holder of an option or contract to purchase,
or other person having an enforceable proprietary interest in such
land, may file an application as the landowner for the purposes of
this Chapter.
LOADING SPACE
Shall mean an off-street berth within a structure or in the
open, but on the same lot with a building or group of buildings, for
the temporary parking of a vehicle while loading or unloading.
LOCAL COMMUNICATIONS FACILITY
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.
LOT
Shall mean the area contained within the lot lines.
LOT AREA
Shall mean the area contained within the lot lines.
LOT, CORNER
Shall mean a lot at the junction of two or more intersecting
streets where the interior angle of the intersection does not exceed
one hundred thirty-five (135°) degrees.
LOT DEPTH
Shall mean the shortest distance between the front lot line
and a line drawn parallel to the front line through the midpoint of
the rear lot line.
LOT FRONTAGE
Shall mean the distance between the side lot lines measured along the street line. 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 lines shall not be less than 75% of the required minimum lot frontage. In the case of a corner lot, both frontage and setback are governed by the provision dealing with corner lots under Article
II, General District Regulations of this Chapter.
LOT LINE
Shall mean any line forming a portion of the exterior boundary
of a lot, which shall be the same line as the street line for that
portion of a lot abutting a street.
LOT WIDTH
Shall mean the horizontal distance between side lot lines
measured at setback points on each side lot line an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line.
MOBILE HOME
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.
NATURAL REGENERATION
Shall mean the establishment of a plant or plant age class
from natural seeding, sprouting, suckering or layering.
NONCONFORMING LOT
Shall mean a lot of record not having the minimum width,
frontage, depth or area for the zone in which it is located.
NONCONFORMING USE
Shall mean a use occupying a building, structure or lot which
does not conform to the use regulations of this Chapter.
OFF-SITE COMMERCIAL ADVERTISING SIGN
Shall mean a sign, other than a sign which advertises an
agricultural commercial establishment, which directs attention to
a business, commodity, service or entertainment conducted, sold or
offered at a location other than the premises on which the sign is
located.
OFF-TRACT IMPROVEMENTS
Shall mean improvements made outside the original tract to
accommodate conditions generated inside the original tract that are
transferred offsite as the result of the proposed development.
OWNER
Shall mean any individual, firm, association, syndicate,
copartnership, trust or any other legal entity having legal title
to the land.
PARCEL
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.
PARKING SPACE
Shall mean an area either within a structure or in the open
for the parking of motor vehicles. The area of a parking space is
intended to be of sufficient area to accommodate the exterior extremities
of the vehicle, whether in addition thereto wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. The width and length of each space shall be measured
perpendicular to each other and shall be as required by the provisions
of this Chapter, regardless of the angle of the parking space to the
access aisle or driveway.
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted by the Township
Committee to guarantee the completion of the required improvements
before approval of the proposed development including performance
bonds with responsible surety authorized to do business in the State
of New Jersey, or escrow agreements secured by cash or certified check.
PERMEABILITY
Shall mean the rate at which water moves through a unit area
of soil, rock, or other material at hydraulic gradient of one.
PERMITTED USE
Shall mean any use of land or buildings as permitted by this
Chapter.
PERSON
Shall mean an individual, corporation, public agency, business
trust, partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
PINELANDS AREA
Shall mean that area designated as part of the Pinelands
Area by Section 10 (a) of the New Jersey Pinelands Protection Act
(N.J.S.A. 13:18A-1 et seq.) which includes all of Tabernacle Township.
PINELANDS DEVELOPMENT CREDIT
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 the Township of Tabernacle and other
Pinelands municipalities.
PINELANDS DEVELOPMENT REVIEW BOARD
Shall mean the agency responsible from February 8, 1979 until
June 28, 1979 for the review of and action on application 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.
PINELANDS RESOURCE RELATED USE
Shall mean any use which is based on resources which are
indigenous to the Pinelands including but not limited to forest products,
berry agriculture and sand, gravel, clay or ilmenite.
PLANNED COMMERCIAL DEVELOPMENT
Shall mean an area of a minimum contiguous size of at least
30 acres to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
those other uses set forth in the same ordinance section as the principal
permitted uses for this zoning district, and any residential use together
with their accessory structures, incidental to the predominant use
as may be permitted by the ordinance. Residential uses on the site
shall follow the bulk and area requirements of the Regional Growth
Area. Each residential dwelling unit must be developed using Pinelands
Development Credits. Density of one dwelling unit per acre is allowed
if the residences are served by an alternative or innovative on-site
waste water system or a public or private sewerage treatment facility.
The predominant commercial use for tracts between 30 to 50
acres in size shall be at least 50%. For tracts more than 50 acres
in size, the commercial development must be at least 35%. The commercial
use shall be constructed as the first phase of the planned development.
Building permits for subsequent phases of development shall not be
issued until a Certificate of Occupancy has been issued for the first
phase of the development.
PRESERVATION AREA
Shall mean that area so designated by Section 10 (b) of the
Pinelands Protection Act.
PRINCIPAL USE
Shall mean the main purpose for which any lot and/or building
is used.
PRIVATE SCHOOL
Shall mean an institution of education whose curriculum is
approved by the New Jersey Department of Education or the New Jersey
Department of Higher Education.
PROFESSIONAL OFFICE
Shall mean the office of a licensed physician, dentist, veterinarian,
psychologist, lawyer, engineer, accountant, architect, or land surveyor,
and no others.
PROTECTION AREA
Shall mean all land within the Pinelands Area which is not
included in the Preservation Area.
PUBLIC DEVELOPMENT
Shall mean development, including subdivision, by any Township
or other governmental agency.
PUBLIC PURPOSE
Shall mean the use of land by the Township Committee, School
Board, or some officially created municipal agency or authority.
PUBLIC SERVICE INFRASTRUCTURE
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.
RECORD TREE
Shall mean 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 Commission.
RECREATION FACILITY, INTENSIVE
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.
RECREATIONAL FACILITY, LOW INTENSIVE
Shall mean 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.
RECREATIONAL VEHICLES
Shall mean boats, campers, trailers, self-propelled mobile
homes, related vehicles.
RESOURCE EXTRACTION
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.
RESOURCE MANAGEMENT SYSTEM PLAN
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.
RIGHT-OF-WAY
Shall mean the total width and length of the course of property
along a street, watercourse, utility alignment, or other way and within
which all improvements and rights of access are confined.
ROOT RAKING
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.
SANITARY LANDFILL
Shall mean the means by which refuse is deposited, compacted
and covered with clean fill and meeting all the requirements of the
New Jersey Department of Environmental Protection and the municipality.
SEASONAL HIGH WATER TABLE
Shall mean the level below the natural surface of the ground
to which water seasonally rises in the soil in most years.
SEED TREE CUT
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.
SERVICE STATION
Shall mean lands and buildings where motor fuel, lubricants,
and miscellaneous accessories for motor vehicles are sold and dispensed
and where services may be rendered for engine and mechanical repairs,
but where no vehicular painting and/or body work is done and where
no junked or unregistered motor vehicles are so kept or stored.
SETBACK LINE
Shall mean a line drawn parallel to a street line or lot
line and drawn through the point of the building nearest to the street
line or lot line beyond which a building does not project. The minimum
yard requirements shall be the minimum required setbacks.
SHELTERWOOD CUT
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.
SIGHT TRIANGLE EASEMENT
Shall mean a grant to the County or Township sufficient to
fulfill the intent and purpose of the easement as provided for in
the site plan review section of this Chapter.
SIGN
Shall mean any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interest of any person or product when the same is placed in a position
to be seen by the general public from any street or public way.
SILTATION BASIN
Shall mean a facility through which storm water is directed
and which is designed to collect silt and eroded soil.
SITE PLAN REVIEW
Shall mean the examination of specific development plans
for a lot. Wherever the term "site plan approval" is used in this
Chapter, it shall be understood to mean review and approval by the
Planning Board.
SOLAR ENERGY FACILITY
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.
[Ord. No. 2018-5 § 5]
STORY
Shall mean that portion of a building comprised between a
floor and the floor next above it. A half story is between a floor
and the roof with a height of not less than seven and one-half (7 1/2')
feet of clear space above at least 1/3 of the floor area.
STREET
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County, or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action pursuant to
the Municipal Land Use Act, R.S. 40:55D-1.1 et seq., as amended, or
a street or way on a plat duly filed and recorded in the office of
the County Clerk prior to the appointment of a Planning Board and
the grant to such board of the power to receive plats. It shall include
the lands between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
classifications and other areas within the street lines. Street classifications
shall be those set forth in the adopted Master Plan.
STREET LINE
Shall mean the edge of the street right-of-way forming the
dividing line between the street and a lot.
STRUCTURAL ALTERATION
Shall mean any change in either the supporting members of
a building, such as bearing walls, columns, beams and girders, or
in the dimensions of configurations of the roof or exterior walls.
STRUCTURE
Shall mean anything constructed, assembled, or erected with
a fixed location above, on or below the ground or attachment to something
having such fixed location.
SUBDIVISION
Shall mean the division of a parcel of land into two or more
lots, tracts, parcels or other divisions 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:
a.
Divisions of property by testamentary or intestate provisions;
b.
Divisions of property upon court order; and
c.
Conveyances so as to combine existing lots by deed or other
instrument.
SWIMMING POOL
Shall mean the facilities constructed above or below ground
having a depth of more than two (2') feet or a water surface of 100
square feet or more and designed and maintained for swimming purposes.
Swimming pools shall include all buildings, structures, equipment,
aprons, appurtenances, all of which shall be considered part of the
total improvement constructed on the site.
THINNING
Shall mean a silvicultural practice involving the removal
of competing trees to favor certain species, sizes and qualities of
trees.
UTILITY
Shall mean services provided to a use including, but not
limited to sewage treatment, water supply, gas, electric and telephone.
UTILITY DISTRIBUTION LINES
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 storm water 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.
WETLAND SOILS
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.
WETLANDS
Shall mean those lands which are inundated or saturated by
water at a magnitude, duration and frequency sufficient to support
the growth of hydrophytes. Wetlands include lands with poorly drained
or very poorly drained soils as designated by the National Cooperative
Soils Survey of the Soil Conservation Service of the United States
Department of Agriculture, and are further defined in N.J.A.C. 7:50-6.3
through 6.5.
WETLANDS MANAGEMENT
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.
YARD
Shall mean an open space extending between the closest point
of any building and a lot line or street line. All yard dimensions
shall be measured horizontally and at right angles to either a straight
street line, lot line, or building facade or perpendicular to the
point of tangent of curved lines and facades. The front yard shall
be the area extending across the full width of a lot line between
the street line and the building. The rear yard is the open space
extending across the full width of the lot between the rear lot line
and the building. The side yard is an open space extending from the
front yard to the rear yard and lying between each side lot line and
the closest point of a building.