[Amended 7-15-13 by Ord. No. 2013-03]
A.
Words used in the present tense include the future; words used in
the singular number include the plural number, and vice versa; the
word "used" shall include "arranged, designed, constructed, altered,
converted, rented, leased or intended-to be used"; the word "lot"
includes the words "plots," "premises" and "tract"; the word "building"
includes the words "structure," "dwelling" and "residence"; the word
"shall" is mandatory and not discretionary.
B.
Any word or term not defined herein shall be used with a meaning
of standard usage. Moreover, whenever a term used in this chapter
which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended
to have the meaning as defined in N.J.S.A. 40:55D-1 et seq., as currently
amended, unless specifically defined to the contrary in this chapter.
For the purposes of this chapter, certain phrases and words
are defined as follows: (P) shall indicate applicability to Pinelands
Districts only.
A building, structure or use which is customarily associated
with and is subordinate in area, extent and purpose and incidental
to the principal building, structure or use and which is located on
the same lot therewith. An "accessory building" attached to the principal
building shall comply in all respects with the requirements applicable
to the principal building.
Shall be the Clerk Typist assigned to work in the Construction
Office.
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An "agricultural commercial establishment"
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.
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.
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 products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all of such animals;
bees and apiary products; fur animals; trees and forest products;
fruits of all kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or any land devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under an
agency of the federal government.
An establishment, the purpose of which is the sale of goods,
commodities or services that support active farm operations.
Any changes in or additions to the supporting members of
a building, such as walls, columns, beams, girders, posts or piers,
or in the dimensions or configurations of the roof of exterior walls.
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.
[Amended 11-13-18 by Ord. No. 2018-11]
Those animals specified in N.J.A.C. 7:50-6.32.
Retail sales of antique furniture, household collectable
items, paintings, and items normally associated with residential living.
No stripping or refinishing of antique furniture is permitted onsite
except in designated commercial use districts.
The application form and all accompanying documents required
by this chapter for approval of 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-1 et seq., or N.J.S.A.
13:18A-1 et seq.
Any board, body or other authority within the township with
the authority to approve subdivisions, site plans, building permits
or other applications for approval of development.
The establishment of tree cover through direct or supplemental
seeding or planting.
A place where there is the practice of fine arts including
painting, sculpting, or music.
A story having more than 25% of its clear height below the
average finished contract grade along the outside walls of the building.
The area of a building between the windows and the ground.
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.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than that on a
building or its grounds, giving the name and occupation of the user
of the premises the nature of the business conducted therein; except
that in the Pinelands Area any sign advertising agricultural commercial
establishments shall not be considered a "billboard."
A marina-based motel offering temporary overnight accommodations
exclusively to the boating public.
A place where there is the presentation of books, magazines,
periodicals, etc., for sale or viewing by the general public. A book
shop may include paper or hard bound documents.
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce above-ground
shrub cover, debris, leaf litter and humus without disturbance to
mineral soil horizons and associated roots.
An area of the property to be developed which is set aside
for the sole purpose of the establishment of planting material or
the combination of planting material with land contouring to provide
an impenetrable barrier to light and sound.
A setback dimension, the location along which a building
façade must be placed.
A structure or extension or addition thereto having a roof
supported by such things as columns, posts, piers or walls and intended
for the shelter, business, housing or enclosing of persons, animals
or property.
Any structure or extension thereof or addition thereto, either
temporary or permanent, having a roof supported by such things as
columns, posts, piers or walls and intended for the shelter, business,
housing or enclosing of persons, animals or property.
The square footage or other area measurement by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the foundations, 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 as the roof above
the columns.
The height of a building shall be measured from the point
from the mean elevation of the finished grade five feet away from
the foundation along the side(s) of the building facing a street or
to the street line, whichever is closer to the foundation. On a corner
lot, the height shall be measured on the street having the greatest
slope. In all cases where this chapter provides for height limitations
by reference to a specified height and a specified number of stories,
the intent is to limit height to the specified maximum footage and
the specified number of stories within said footage.
A camper shall be as defined in N.J.A.C. 8:22 as amended.
A tract of land at least 40 acres in area used for camping,
including the renting of tents and camping vehicles, temporarily located
onsite, established, maintained and operated as an area for the temporary
seasonal living quarters for children or adults for recreation, education
or vacation purposes. The density of campgrounds shall not exceed
five units per acre in the Non-Pinelands Area or six units per acre
in the Pinelands Area.
The same meaning as CAMPGROUNDS, IMPROVED except that there
are no utility hookups on site. Each individual area designated as
a sleeping facility shall be a minimum of 10,000 square feet in area
and a minimum of 100 feet in width and depth.
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.
An approval of the Planning Board pursuant to N.J.A.C. 7:50-6.156.
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
A 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.
A development technique based on a gross dwelling unit density
for the entire tract in the zoning district in which it is located
and allowing the lot sizes for detached dwellings to be reduced or
individual segments to have higher densities so long as the gross
density is not exceeded.
The Pinelands Commission, created pursuant to Section 5 of
the Pinelands Protection Act.
A parcel or parcels of land or an area of water or a combination
of land and water, together with the improvements thereon, designed
and intended for the ownership, use and enjoyment shared by the residents
and owners of the development. "Common property" may contain such
complementary structures and improvements as are necessary and appropriate
for the benefit of the residents and owners of the development.
The plan adopted by the Pinelands Commission pursuant to
the Pinelands Protection Act as amended, and contained in N.J.A.C.
7:50.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
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 lines, streams, roads, rights-of-way, and easements shall not
affect the contiguity of land unless a substantial physical barrier
is created which prevents the land from being used as a functional
unit.
[Amended 2-24-97 by Ord. No. 97-01]
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.
The County of Cape May.
An area primarily utilized for the sale and display of homemade,
nonmanufactured objects or material utilized in the making of said
objects.
For purposes of computing time limits, a calendar day.
The average number of housing units per unit of land, except
that in the Pinelands Area, "density" shall be calculated on the basis
of gross average, including platted rights of way, within the deeded
premises.
The change of, 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 material change
in the external appearance of a structure or land.
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land.
The commencement of resource extraction, drilling or excavation
on a parcel of land.
The commencement of forestry activities.
The demolition of a structure or removal of trees.
The 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.
The alteration, either physically or chemically, of a shore,
bank or floodplain, seacoast, river, stream, lake, pond, wetlands
or artificial body of water.
Any approval to develop which is granted by an approval agency,
including appeal to the governing body, except for certificates of
occupancy and variances which do not otherwise include issuance of
a construction permit, subdivision or site plan approval.
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 or an area in excess of 5,000 square feet for other
than agricultural or horticultural purposes.
All development other than major development.
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.
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
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.
Any structure or portion thereof which is designed or used
for residential purposes.
A building physically detached from other buildings or portions
of buildings which is occupied or intended to be occupied for residence
purposes by one sanitary and general living facilities.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit. The "dwelling
unit" shall be self-contained and shall not require the use of outside
stairs, common hallways, passing through another dwelling unit or
other indirect route(s) to get to any portion of the "dwelling unit,"
nor shall there be shared facilities with another housekeeping unit.
All electric lines other than electric transmission lines.
Electric lines which are part of an electric company's
transmission and subtransmission system, which provide a direct connection
between a generating station or substation of the utility company
and another substation of the utility company, substation of or interconnection
point with another interconnecting utility company or a substation
of a highload customer of the utility.
Any structural element (canopy, awning, sign, deck, porch,
etc.) that extends horizontally from the building into a right-of-way
or setback; measured from the building façade outward.
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The vertical surface of a building that faces a street.
One or more persons related by blood, marriage, adoption
or guardianship, or any number of persons not so related, occupying
a dwelling unit and living as a single housekeeping unit.
Principal uses: a lot of at least five acres with 300 feet of
lot frontage used for the growing and harvesting of crops and the
raising and breeding of certain animals, including truck farms, fruit
farms, nurseries and greenhouses, dairies and livestock produce. One
owner occupied single family dwelling may be permitted on any farm
in addition to the permitted accessory uses as defined under paragraph
B. following.
Accessory uses: buildings incidental to the farm operation,
such as tenant houses (outside the Pinelands Area), greenhouses, or
buildings for housing seasonal workers for the farm's own use;
barns, packing, grading and storage buildings for produce raised on
the premises; buildings for keeping of poultry and permitted livestock;
and garages for the keeping of equipment and trucks used in farm operations.
The classification of a parcel of land in accord with the
following:
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Hazard
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Vegetation Type
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Low
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Atlantic white cedar
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Hardwood swamp
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Moderate
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Non-pine barrens forest
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Prescribed burned areas
| |
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High
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Pine barrens forest, including mature forms of pine, pine-oak
or oak-pine
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Extreme
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Immature or dwarf forms of pine-oak or oak-pine; all classes
of pine-shrub oak and pine-lowland
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The residential portion of a dwelling unit, excluding basements,
garages, carports and breezeways, measured by using the outside dimensions
of the residential portion of the building. For a split-level, bi-level
or tri-level dwelling, the area shall be considered to be the sum
of the areas of two adjoining levels, excluding basements and garages,
provided that both levels are connected by permanent built-in stairs
in the interior of the building.
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
A lot which meets the area and dimensional requirement of
this chapter, except lot frontage, which may be reduced to permit
utilization of lands with limited road frontage.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this Chapter, the following activities shall not be
defined as forestry:
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this Chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
Where the majority of the building façade is located
at the build-to-line, while a small portion is set back, creating
a small open space. This space could be used as an entry, shared garden
space, passive lawn or as a plaza. For residential uses, a low all
or hedge can be placed along the build-to-line to define public versus
private space. See the drawings below for a visual description.
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Section View\Plan View
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Where the primary street façade of the building is
setback from the build-to-line. An elevated porch is located between
the building façade and the build-to-line. Stairs from the
porch can lead directly to the sidewalk or can be side-loaded. See
the drawings and photograph below for a visual description.
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Section View\Plan View
 |
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Photographic Example:
 |
Where the primary street façade is set back from the
build-to-line. An elevated stoop is located between the building façade
and the build-to-line. Stairs from the stoop can lead directly to
the sidewalk or can be side-loaded. See the drawings and photograph
below for a visual description.
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Section View\Plan View
 |
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Photographic Example:
 |
Where the primary street façade is at or near the
build-to-line. Awnings, canopies and/or signs may extend out above
the sidewalk. This frontage type is only appropriate for areas that
have retail and services on the first floor. See the drawings and
photograph below for a visual description.
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Section View\Plan View
 |
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Photographic Example:
 |
The type of façade that is permitted on a primary
street (front yard).
An area of 50 or more contiguous acres containing a full
size, professional golf course at least nine holes in length, not
less than par three each, together with the necessary accessory uses
and structures such as clubhouses, golf club lodges and dining and
refreshment facilities, provided that the operation of such is incidental
and subordinate to the operation of the golf course.
A golf course primarily for family entertainment containing
a minimum of 18 but not more than 36 holes. An associated office for
the golf course operation and custard/ice cream and beverage stand
for the patrons of the golf course are permitted accessory uses in
a single onsite building. No onsite cooking of foods is permitted.
The area measured by using the outside dimension of the building,
excluding the area of a garage, attic, open porch or patio. Only those
floor areas which have a ceiling height of eight feet or more and
those areas used for storage space in nonresidential uses shall be
included in the "gross floor area."
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.
The natural environment of an individual animal or plant,
population or community.
A space under a sloping roof that has the line of intersection
of the roof and the wall face not more than three feet above the floor
level and in which space the possible floor are with head room of
five feet or less occupies at least 40% of the total floor area of
the story directly beneath.
Any site, building, area, district, structure or object important
in American history or prehistory, architecture, archaeology and culture
at the national, state, county, regional or local level.
[Amended 2-24-97 by Ord. No. 97-01]
A business conducted entirely within a single family owner
occupied dwelling or an associated accessory building, where the business
is clearly incidental and secondary to the use of the lot for residential
purposes.
An occupation conducted entirely within a single family owner
occupied dwelling unit, which occupation is clearly incidental and
secondary to the use of the lot for residential purposes. Such occupations
shall be conducted solely by the residents of the detached dwelling,
and provided also that:
No more than 450 square feet of the single family dwelling shall
be used for such purpose.
The gross floor area for the residence shall remain at least as large as that required in Article IV for a detached dwelling.
No display of products shall be visible from the street.
The residential character of the lot and building shall not
be changed.
No occupational sounds shall be audible outside the building.
No equipment shall be used which will cause interference with
radio and television reception in neighboring residences.
The home occupation does not reduce the parking or yard requirements
of the detached dwelling. Not more than one commercially registered
vehicle attributable to the home occupation may be parked on the premises.
No vehicles utilized by the home occupation shall be parked on the
street.
Signage shall be in accordance with Section 185-43 of this chapter.
In businesses conducted in accessory buildings, the building
must be architecturally compatible with the main structure.
An incorporated non-profit organization operating in age-restricted
residential development under recorded land agreements through which:
Each owner is automatically a member.
Each occupied dwelling unit is automatically subject to a charge
for a proportionate share of the expenses for the organization's
activities and maintenance, including any maintenance costs levied
against the association by the township.
Each owner and tenant has the right to use the common property.
An establishment providing transient sleeping accommodations
with all rooms having access to an interior hallway; the facility
provides additional services, such as restaurants, meeting rooms and/or
recreational facilities.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a non-profit basis.
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
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 2-24-97 by Ord. No. 97-01; 11-13-18 by Ord. No. 2018-11]
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
A 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.
An establishment providing transient sleeping accommodations,
which is smaller in overall size and number of rooms than a hotel
or motel.
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities such as libraries, galleries, museums, concert
halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities as are integral to
the operation of the hospital; medical and health service facilities,
including nursing homes, supervised residential institutions, rehabilitation
therapy centers and public health facilities; churches; cemeteries;
public office buildings; and other similar facilities.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; 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 chapter or whose right to use, acquire or
enjoy property under this chapter or under any other law of this state
or of the United States has been denied, violated or infringed by
any action or a failure to act under N.J.S.A. 40:55D-l et seq.
The regulation 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.
Includes the surface and subsurface of the earth as well
as improvements and fixtures on, above or below the surface and any
water found thereon.
Sites, including open dumps, where solid waste, liquid and
dry sewage sludge and liquid and dry chemical waste are disposed of
by land application with or without the use of management practices
or soil covering. For the purposes of this chapter, solid waste transfer
stations shall not be considered "landfills."
The installation of plant material or seed as a part of development.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading.
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point to point communication, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
[Added 2-24-97 by Ord. No. 97-01]
Any parcel of land separated from other parcels or portions
as by a subdivision plat or deed of record, survey map or by metes
and bounds, except that no portion of a street right of way shall
be included in calculating the "lot" boundaries or areas.
The area contained within the legally described property
lines of a lot, not including any portion of a street right of way,
existing or to be dedicated.
A lot having two or more of its property lines abutting two
or more existing or proposed streets.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line. In the case of corner lots, the rear lot line
shall be the property line parallel to designated front lot line.
 |
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
The straight and horizontal distance between side lot lines
at setback points on each side line measured and equal distance back
from the street line. The minimum "lot width" shall be measured at
the minimum required building setback line. Where side lot lines are
not parallel, the minimum "lot width" at the street line shall not
be less than 75% of the minimum "lot width" for the zoning district
in which the lot is located. "Lot frontage" shall be the same as the
lot width, except that in curved alignments with an outside radius
of 500 feet or less, the minimum distance between the side lot lines
measured along the street shall not be less than 75% of the required
minimum lot width.
A unit of housing which:
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1.
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Consists of one or more transportable sections which are substantially
constructed off site and, if more than one section, are joined together
onsite; and
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2.
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Is built on a permanent foundation; and
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3.
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Is designed to be used, when connected to all required utilities,
as a dwelling unit on a permanent foundation; and
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4.
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Is manufactured in accordance with the standards promulgated
for a manufactured home by the Secretary of the United States Department
of Housing and Urban Development pursuant to the "National Manufactured
Housing Construction and Safety Standards Act of 1974" Pub.L. 93-383
(42 U.S.C. 5401 et seq.) and the standards promulgated for a manufactured
home by the Commissioner of the New Jersey Department of Community
Affairs pursuant to the "State Uniform Construction Code Act," P.L.
1975, c.217 (N.J.S.A. 52:27D-119 et seq.) For purposes of this chapter,
travel trailers, campers and camper trailers are not considered "manufactured
homes."
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Any woody perennial having a diameter greater than 24 inches
at any point or a height in excess of 30 feet.
A clinic which has been legally established to provide outpatient
methadone maintenance services by dispensing methadone (DOLOPHINE),
a schedule II opioid analgesic, to those who abuse heroin and other
opioids. A methadone clinic shall be deemed to be a business or commercial
operation or functional equivalent thereof and shall not be construed,
for zoning purposes, as ancillary or adjunct to a doctor's professional
office. The siting of a methadone clinic within a municipality shall
be limited to zones designated for business or commercial use. Methadone
clinics are not permitted in any zone that provides for residential
or mixed residential/ business and mixed/commercial uses.
[Added 4-10-18 by Ord. No. 2018-01]
A building containing more than one use.
An establishment providing transient sleeping accommodations
with a majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
A building containing two or more dwelling units.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
A municipal advisory body created by the Dennis Township
Committee in 2012.
Plantings recommended by the Township of Dennis Natural Resource
Committee that have best adapted to the climate, soil and topography
of the Township of Dennis. A list of such plantings shall be on file
for use and guidance of persons presenting plans for revegetation.
Water capable of being transversed by pleasure craft.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter but which
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails to conform to
the requirements of the zoning district in which it located by reason
of such adoption, revision or amendment.
A room or groups of rooms used for conducting the affairs
of a business, profession, service, industry, or government and generally
furnished with desks, tables, files and communication equipment.
The keeping, in an unenclosed area, of any goods, junk, material,
merchandise or vehicles in the same place for more than twenty-four
hours.
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.
[Amended 2-24-97 by Ord. No. 97-01]
An area of not less than nine feet wide by 18 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for detached dwelling units from being considered off-street parking
areas, provided that no portion of such private driveway within the
right-of-way line of the street intersected by such driveway shall
be considered off-street parking space. The area is intended to be
sufficient to accommodate the exterior extremities of the vehicles,
whether in addition thereto wheel blocks are installed within this
area to prevent the bumper from overhanging at one end of the "parking
space." The width and length of each space shall be measured perpendicular
to each other regardless of the angle of the "parking space" to the
access aisle or driveway.
A multi-story structure (also called a parking garage or
parking deck) that is designed specifically for automobile parking
and where there are a number of floors or levels.
Lighting that is no greater than 15 feet in height.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
Any use of land or building as permitted by this chapter.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity.
Establishment primarily engaged in providing services involving
care of a person or his or her personal goods or apparel (examples
include health club, laundry, beauty shop).
The area designated as such in the Pineland Protection Act,
N.J.S.A. 13:18A-1 et seq., as amended.
The agency responsible from February 8, 1979, until June
28, 1979, for 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.
N.J.S.A. 13:18A-1 et seq.
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 limonite.
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
Trees recommended by the New Jersey Bureau of Forest Management
as best adapted to the climate, soil and topography of the Township
of Dennis. A list of such trees shall be kept on file with the Township
Clerk.
Refers to the street directly abutting the front yard of
a parcel. The primary street is the lot's street address.
The main purpose for which a lot or building is used. Only
one principal use may be permitted per property unless otherwise permitted
in the district.
An office primarily utilized for the enactment of administrative
duties in a practice duly licensed by the State of New Jersey; such
as medicine, architecture, engineering, surveying, law, accounting,
or real estate.
The use of land or buildings by the governing body of the
Township of Dennis or any officially created authority or agency thereof.
The use of land or buildings by the Governing Body of the
township or any officially created authority or agency thereof.
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.
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
The largest tree of a particular species in New Jersey based
on its circumference at four and one-half (4.5) feet above ground
level. A listing of the largest known tree of each species and its
location is maintained at the principal offices of the Commission.
[Added 2-24-97 by Ord. No. 97-01]
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.
A facility or area which complies with the standards in N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Amended 2-24-97 by Ord. No. 97-01]
The production, principally for home use or consumption,
of plants, animals or their products, and for sale to others where
such sales are incidental, including but not limited to, gardening,
fruit production, and poultry and livestock products for household
use only, and livestock boarding and breeding.
A facility licensed and/or regulated by the New Jersey Department
of Health or the Department of Community Affairs, that provides food,
shelter, supervised health care and related services to four or more
persons 18 years of age or older who are unrelated to the owner or
administrator.
The dredging, digging, extraction, mining, and quarrying
of sand, gravel, clay or limonite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of non-point source pollution; and
establish criteria for resource sustainability of soil, water, air,
plants and animals.
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public or community swimming pool, playground, golf course
(major or miniature), playfield or park, operated solely by the agency
or group operating the recreation facility and for the convenience
of, and restricted solely to, patrons of the recreational facility,
shall not be deemed a "restaurant".
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A silvicultural practice involving the drawing of a set of
tines, mounted on the front or trailed behind a tractor, over an area
to thoroughly disturb tree and vegetation roots and/or to collect
stumps and slash.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
Occurs on corner lots, being the street that is considered
subordinate to the primary street.
A part-time employee who shall be responsible to maintain
minutes of all meetings held in accordance with the Open Public Meetings
Act.
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.
Lands and buildings providing for the sale of truck and automotive
fuel, lubricants and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or the extended storage of inoperable or wrecked vehicles
shall be permitted.
Establishments primarily engaged in providing assistance,
as opposed to products, to individuals, businesses, industry, government
and other enterprises (examples include legal, engineering, educational
services).
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line of the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line or lot line.
Parking spaces that are assigned to more than one use.
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.
Any building, structure or portion thereof on which any announcement,
declaration, demonstration, display, illustration or insignia is used
to advertise or promote the interest of any person or product when
the same is placed in view of the general public. "Signs" do not include
the flag or emblem of any nation, organization of nations, state,
city or any fraternal, religious or civic organization; 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. "Sign" shall also include "portable sign."
The examination of the specific development plans for a lot.
Wherever the term "site plan approval" is used in this chapter, it
shall be understood to mean a requirement that the site plan be reviewed
and approved by the Dennis Township Planning or Zoning Board.
A wind energy system, as defined herein that which is used
to generate electricity; and has a nameplate capacity of 100 kilowatts
or less.
[Added 5-5-09 by Ord. No. 2009-01]
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
[Added 5-5-09 by Ord. No. 2009-01]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 5-5-09 by Ord. No. 2009-01]
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. For the purpose of this chapter, the interior of the
roof shall not be considered a ceiling. A "half story" is the area
under a pitched roof at the top of a building, the floor of which
is at least four feet but no more than six feet below the plate.
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 theretofore approved pursuant to law
or which is approved by official action as provided by N.J.S.A. 40:55D-1
et seq. or which is shown on a plat duly filed and recorded in the
office of the county recording officer prior to the appointment of
the 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.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including buildings, fences, tanks, towers, signs,
advertising devices, swimming pools and tennis courts.
Those lands which are inundated with water throughout the
year.
Portable pools shall not be subject to the requirements of Article V and are those pools which are not otherwise permanently installed; do not require water filtration, circulation, and purification; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
Includes an artificially constructed pool, whether located
above or below the ground, having a depth of more than 18 inches and/or
a water surface of 100 square feet or more; designed and maintained
for swimming and bathing purposes by an individual for use by members
of his household and guests; and which is located on a lot as an accessory
use to a detached dwelling; and shall include all buildings, structures,
equipment and appurtenances thereto.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
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 vertical common fire-resistant walls.
The Township of Dennis, Cape May County, New Jersey.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The original land area may be divided by one existing public street
and still be considered one "tract," provided that the street is not
an arterial or collector road and that a linear distance equal to
more than 75% of the frontage of the side of the street having the
larger street frontage lies opposite and equivalent linear distance
of street frontage on the other side of the street.
Any woody perennial having a diameter greater than two and
one-half (2 1/2) inches, measured at a point four and one-half
(4 1/2) feet above the ground.
A list of trees within the township which are of special
significance and are therefore worthy of protection by virtue of their
size, age, type, history or relationship to historical or cultural
events. A list of such trees shall be kept on file for use and guidance
of persons presenting plans for development in wooded areas.
A unit where two families live, the unit could be split horizontally
with the units side by side or vertically with the units stacked on
one another.
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 served area. Utility distribution
lines do not include electric transmission lines.
[Amended 2-24-97 by Ord. No. 97-01]
Any plant material, including grasses, shrubs and trees.
The meaning ascribed to the word in N.J.A.C. 7:50-6.4.
An area left in its natural state between developable uplands
and designated wetlands, the depth of which is designated by the N.J.D.E.P.E.
based on the quality of wetlands.
The meaning ascribed to the words in N.J.A.C. 7:50-6.5.
Any land certified by the N.J.D.E.P.E. Bureau of Wetlands
to be wetlands in accordance with the Freshwater Wetlands Protection
Act of July 1, 1987, as currently amended.
The meaning ascribed to the words in N.J.A.C. 7:50-6.5.
Tidal wetlands along the Atlantic Ocean and Delaware Bay
as delineated on official maps as listed under N.J.A.C. 7:7-2.2.
The establishment of a characteristic wetland or the removal
of exotic species or Phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
exotic species are those that are not indigenous to North America.
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St.
Johns and Freshwater Marsh and Tidal Marsh soil types.
A wind turbine and all associated equipment including any
base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
[Added 5-5-09 by Ord. No. 2009-01]
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
[Added 5-5-09 by Ord. No. 2009-01]
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the "front yard" shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines. The minimum required "front yard" shall
be the same as the required setback. The minimum front yard setback
as required by the zoning district shall be met on all property lines
abutting streets.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the "rear yard" shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines. The minimum required "rear
yard" shall be the same as the required setback.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required "side yard"
shall be measured horizontally and at right angles to either a straight
line or the tangent lines of curved side lot lines.
Includes both the Zoning Officer and/or the Construction
Official.
