Definitions. As used in this section:
AFFORDABLE HOUSING
Shall mean housing for which a household will not have to
spend more than thirty (30%) percent of their annual income for shelter.
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 processing facilities such as a farm itself, nor facilities
which are solely processing facilities.
APPROVAL AGENCY
Shall mean any board, body or other authority within the
Borough with authority to approve or disapprove subdivisions, site
plans, construction permits or other applications for development
approval.
BUILDING
Shall mean any structure, either temporary or permanent,
having a roof and designed, intended or used for the sheltering or
protection of persons, animals, chattels or property of any kind.
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.
CAMPGROUND
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 APPROPRIATENESS (SEE N.J.A.C. 7:50-6.156)
Shall mean notice issued by the Planning Board that application
to alter, remodel, relocate or demolish designated historic, cultural
or archaeological structures, areas or sites is in conformance with
standards set forth in N.J.A.C. 7:50-6.156.
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.
COMMISSION
Shall mean the Pinelands Commission created pursuant to Section
5 of the Pinelands Protection Act.
COMPLETE APPLICATION
Shall mean an application for development which has been
determined by the Executive Director to comply with application requirements
of the CMP.
COMPREHENSIVE MANAGEMENT PLAN (CMP)
Shall mean the plan adopted by the Commission pursuant to
Section 7 of the Pinelands Protection Act, and officially published
in N.J.A.C. 7:50.
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 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.
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 (2) or more parcels, and the creation
or termination of rights of access or riparian rights including, but
not limited to:
a.
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A change in the type of use of a structure or land;
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b.
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A reconstruction, alteration of the size, or material change
in the external appearance of a structure of land;
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c.
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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 land;
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d.
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Commencement of resource extraction, drilling or excavation
of a parcel of land;
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e.
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Commencement of forestry activities;
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f.
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Demolition of a structure or removal of trees;
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g.
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Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
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h.
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In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emission of waste material;
and
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i.
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Alteration, either physically or chemically, of a shore, bank
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
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DEVELOPMENT APPROVAL
Shall mean any approval to develop which is granted by an
approval agency, including appeals to the governing body, but not
including certificates of occupancy or variances 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 (5) or more lots;
any construction or expansion of any housing development of five (5)
or more dwelling units; any construction or expansion of any commercial
or industrial use or structure on a site of more than three (3) acres;
or any grading, clearing or disturbance of an area in excess of five
thousand (5,000) square feet.
DWELLING
Shall mean any structure or portion thereof which is designed
or used for residential purposes.
DWELLING UNIT
Shall mean any room or group of rooms located within a structure
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking, eating and sanitation
by one (1) 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.
ENLARGEMENT
Shall mean 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.
EROSION
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
FAMILY
Shall mean one (1) 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.
FIRE HAZARD
Shall mean the classification of a parcel of land in accordance
with the following:
HAZARD
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VEGETATION TYPE
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Low
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Atlantic White Cedar Hardwood Swamps
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Moderate
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Non-pine barrens forest 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-scrub oak, and pine-lowland.
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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 and enhance the ecological integrity of those populations.
FLOODPLAIN
Shall mean the relatively flat area adjoining the channel
of a natural stream, which has been or may be hereafter covered by
flood water.
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.
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Removal of trees located on a parcel of land one (1) acre or
less on which a dwelling has been constructed;
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b.
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Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
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c.
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Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
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d.
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Removal of trees necessary for the maintenance of utility or
public rights-of-way;
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e.
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Removal or planting of trees for the personal use of the parcel
owner; and
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f.
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Removal of trees for public safety.
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HABITAT
Shall mean the natural environment of an individual animal
or plant, population, or community.
HEIGHT OF BUILDING
Shall mean the vertical distance measured from grade to the
highest point of the roof for flat roofs, to the deck line for mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
HISTORIC DISTRICT
Shall mean an area designated by the Commission, pursuant
to Section 6-1403 of the CMP, as having such historic, cultural or
archaeological significance as to merit special protection.
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.
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.
IMPERMEABLE SURFACE
Shall mean any surface which does not permit fluids to pass
through or penetrate its pores or spaces.
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, as amended and supplemented, available with
user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools
Models/WinTr55.html or at Natural Resources Conservation Service,
220 Davidson Avenue, Somerset NJ 08873. Such surfaces may have varying
degrees of permeability.
INTERESTED PERSON
Shall mean any persons whose right to use, acquire or enjoy
property is or may be affected by any action taken under the CMP,
or whose right to use, acquire or enjoy property under the CMP or
under any other law of this State or of the United States has been
denied, violated or infringed upon by any action or a failure to act
under the CMP.
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. The
regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
Land shall include the surface and subsurface of the earth
as well as improvements and fixtures on, above, or below the surface
and any water found thereon.
LANDFILL
Shall mean a site where any waste is disposed of by application
on or into the land, with or without the use of management practices
or soil covering. It does not include a site where land application
of waste or waste derived material occurs in accordance with N.J.A.C.
7:50-6.79.
LANDSCAPING
Shall mean the installation of plant material or seed as
part of development.
LEACHATE COLLECTOR
Shall mean, for the purposes of the CMP, "leachate collector"
shall have the meaning attributed to the phrase by, and each such
"leachate collector" shall conform to the requirements of, the New
Jersey Solid Waste Administration.
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.
LOW-INCOME HOUSEHOLD
Shall mean a household with an annual income of less than
eighty (80%) percent of the median income for the County or Standard
Metropolitan Statistical Area. Median income is defined as the median
of household income as determined from time to time by the United
States Department of Housing and Urban Development to be the median.
MIDDLE INCOME HOUSEHOLD
Shall mean a household with an annual income between one
hundred (100%) percent and one hundred twenty (120%) percent of the
median income for the County or Standard Metropolitan Statistical
Area.
MOBILE HOME
Shall mean a dwelling unit manufactured in one (1) or more
sections, designed for long-term occupancy, and which can be transported
after fabrication to a site where it is to be occupied.
MODERATE-INCOME HOUSEHOLD
Shall mean a household with an annual income which is eighty
(80%) percent to one hundred (100%) percent of the median income for
the County or Standard Metropolitan Statistical Area.
MUNICIPAL MASTER PLAN
Shall mean a composite of one (1) or more written or graphic
proposals for development of the Municipality as set forth and adopted
pursuant to N.J.S.A. 40:55-28.
MUNICIPALITY
Shall mean any city, borough, town or Township.
NAVIGABLE WATERS
Shall mean water capable of being transversed by pleasure
craft.
OFF-SITE COMMERCIAL ADVERTISING SIGN
Shall mean a sign which directs attention to a business,
commodity, service or entertainment conducted, sold or offered at
a location other than the premises on which the sign is located.
PARCEL
Shall mean any quantity of land, consisting of one (1) or
more lots, that is capable of being described with such definiteness
that its location and boundaries may be established.
PERSON
Shall mean an individual, corporation, public agency, business
trust, partnership, association, two (2) or more persons having a
joint or common interest, or any other legal entity.
PINELANDS
Shall mean the Pinelands National Reserve and the Pinelands
Area.
PINELANDS AREA
Shall mean that area designated as such by Section 10(a)
of the Pinelands Protection Act.
PINELANDS DEVELOPMENT CREDIT
Shall mean a use right allocated to certain lands in the
Pinelands Preservation, Special Agricultural Production and Agricultural
Production Areas pursuant to N.J.A.C. 7:50-5.43 that can be used to
secure a residential density bonus on lands within the Pinelands designated
to receive such credits.
PINELANDS DEVELOPMENT REVIEW BOARD
Shall mean the agency responsible from February 8, 1979 until
June 28, 1979 for the review of and action on applications for development
in the Pinelands Area which required approvals of other State agencies,
except where the Pinelands Commission acted on applications during
that time period.
PLAN
Shall mean the Comprehensive Management Plan for the Pinelands.
PLANTS; THREATENED OR ENDANGERED
Shall mean a Pinelands plant species whose survival worldwide,
nationwide, or in the State is in jeopardy.
Preapplication conference. See Section 4-102 of the CMP.
PRESERVATION AREA
Shall mean that area so designated by Section 10(b) of the
Pinelands Protection Act.
PROTECTION AREA
Shall mean all land within the Pinelands Area which is not
included in the Preservation Area.
PUBLIC AGENCIES
Shall mean the government of the United States of America;
the State of New Jersey or any other state; their political subdivisions,
agencies or instrumentalities; and interstate and regional agencies
exercising sovereign powers of government.
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.
PUBLIC SERVICES
Shall mean sewer service, gas, electricity, water, telephone,
television and other public utilities, 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.
RECREATIONAL 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.
RESOURCE EXTRACTION
Shall mean the dredging, digging, extraction, mining and
quarrying of sand, gravel or minerals for commercial purposes, not
including, however, the private or agricultural extraction and use
of extracted material by a landowner.
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.
SIGN
Shall mean any object, device, display or structure, or part
thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, figures, designs, symbols,
fixtures, colors, illumination or projected images. Signs do not include
the flag or emblem of any nation, organization of nations, state or
city, or any fraternal, religious or civic organizations; merchandise,
pictures or models of products or services incorporated in a window
display; works of art which in no way identify a product; or scoreboards
located on athletic fields.
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. #2019-02 § II]
STRUCTURAL ALTERATION
Shall mean any change in either the supporting members of
a building, such as bearing walls, columns, beams or girders, or in
the dimensions or configurations of the roof or exterior walls.
STRUCTURE
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation having a fixed location on, above
or below the surface of land or attached to something having a fixed
location on, above or below the surface of land.
SUBMERGED LANDS
Shall mean those lands which are inundated with water throughout
the year.
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 stormwater discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
VEGETATION
Shall mean any plant material including grasses, shrubs and
trees.
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, Keansburg, 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 N.J.A.C. 7:50-6.3 through
6.5. Wetlands include coastal wetlands and inland wetlands, including
submerged lands.
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.