Ordinance No. 97-14, entitled "Waterford Township Land Use, Development and Zoning Ordinance," adopted by the governing body of Waterford Township on August 13, 1997, amends Chapter 176 of the Municipal Code in its entirety. It is a comprehensive ordinance regulating and limiting the uses of land; uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures; determining the area of yards and other open spaces; regulating and restricting the density of populations; creating zoning districts for such purposes; adopting a map of the Township showing the boundaries and the classification of zoning districts; establishing rules, regulations and standards governing the subdivision and development of land; establishing a Planning Board; and setting penalties for violation of its provisions.
This chapter may be cited and called "Chapter 176, Regulations for Land Use, Development and Zoning."
The regulations in Chapter 176 are adopted pursuant to N.J.S.A. 40:55D-1 et seq. to promote and protect the public health, safety, morals and general welfare, and in furtherance of the following related and more specific objectives:
A.Â
To secure safety from fire, flood, panic, and other natural and man-made
disasters;
B.Â
To provide adequate light, air and open space;
C.Â
To ensure that the development of the Township of Waterford does
not conflict with the development and general welfare of neighboring
municipalities, the county and state as a whole;
D.Â
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
E.Â
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
F.Â
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements to meet the needs of all New Jersey citizens;
G.Â
To encourage the location and design of transportation routes that
will allow the free flow of traffic while discouraging location of
such facilities and routes that result in congestion or blight;
H.Â
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
I.Â
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources in the state
and to prevent urban sprawl and degradation of the environment through
improper use of land;
J.Â
To encourage planned unit developments that incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development of the particular
site;
K.Â
To encourage senior citizen community housing construction;
L.Â
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of development and the more efficient use of land;
M.Â
To promote utilization of renewable energy sources;
N.Â
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through planning practices designed
to incorporate the State Recycling Plan goals and to complement municipal
recycling programs;
O.Â
To further the goals and policies of the Master Plan of the Township
of Waterford, as latest revised;
P.Â
To further the goals and objectives of the Pinelands Protection Act
(N.J.S.A. 13:18A-1 et seq.) as latest revised; and
Q.Â
To further the goals and objectives of residential site improvement
standards (N.J.A.C. 5:21 et seq.) as latest revised.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum standards. Where the provisions
of this chapter are more restrictive than those of any other statute,
ordinance or regulation, the provisions of this chapter shall prevail.
Where the provisions of any other statute, ordinance or regulation
require greater restrictions than are imposed by this chapter, the
provisions of such statute, ordinance or regulation shall prevail.
All uses not expressly permitted in this chapter are prohibited.
A.Â
No parcel of land shall be disturbed or used unless the disturbance
or use meets all requirements of this chapter and the CMP.
B.Â
All applicable requirements shall be met at the time of construction,
enlargement, alteration, moving, or change in the use of any structure
or parcel of land, and shall apply to the entire structure and/or
parcel of land, whether or not the entire structure or parcel of land
was involved in the construction, enlargement, alteration, moving
or change in use.
C.Â
In all instances, the Planning Board shall exercise the application
of the requirements of this chapter in a reasonable manner, considering
both the existing and proposed development of the subject parcel of
land.
A.Â
For the interpretation of this chapter, certain words and phrases
are herein defined as follows:
(1)Â
Words used or defined in one tense or form shall include other tenses
and derivative forms;
(2)Â
Words in the singular shall include the plural and words in the plural
shall include the singular;
(3)Â
The masculine gender shall include the feminine and the feminine
gender shall include the masculine;
(4)Â
The word "used" shall include arranged, designed, constructed, altered,
converted, rented, leased or intended to be used;
(5)Â
The word "building" includes the words "structure," "dwelling" or
"residence";
(6)Â
The word "lot" includes the word "plot," "premises" and "parcel";
(7)Â
The words "shall" and "must" are mandatory and not discretionary;
(8)Â
The words "should" and "may" are discretionary and not mandatory.
A.Â
Whenever a term is used in this chapter that is not defined in § 176-9 nor in the CMP (N.J.S.A. 13:18A-1 et seq.) but is defined in the MLUL (N.J.S.A. 40:55D-1 et seq.), such term is intended to have the meaning as defined in the MLUL. Any definitions and abbreviations contained in residential site improvement standards (N.J.A.C. 5:21 et seq.) not defined in this chapter are incorporated herein by reference.
B.Â
Whenever a term is used in this chapter that is not defined in the
MLUL (N.J.S.A. 40:55D-1 et seq.) but is defined in the CMP (N.J.S.A.
13:18A-1 et seq.) and/or in this chapter, such term is intended to
have the meaning as defined in the CMP and/or this chapter.
C.Â
Abbreviations used in this chapter:
|
CMP
|
Pinelands Comprehensive Management Plan
| |
|
EPA
|
Environmental Protection Agency
| |
|
MLUL
|
Municipal Land Use Law
| |
|
NJDEP
|
New Jersey Department of Environmental Protection
| |
|
N.J.S.A.
|
New Jersey Statutes Annotated
| |
|
N.J.A.C.
|
New Jersey Administrative Code
| |
|
NJDOT
|
New Jersey Department of Transportation
| |
|
PDC
|
Pinelands development credit
| |
|
USDA
|
United States Department of Agriculture
| |
|
USDOT
|
United States Department of Transportation
|
D.Â
In case of any difference of meaning or implication between the text
of this chapter and any caption, the text shall control.
Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of this chapter:
Constitutes the discontinuance of a nonconforming use of
land or structures.
A use, structure or building which is subordinate to and
serves a principal building or a principal use; is subordinate in
area, extent and purpose to the principal structure or principal building
or use served; contributes primarily to the comfort, convenience or
necessity of the occupants, business or industry of the principal
structure or principal use served; and is located on the same parcel
as the principal structure or principal use served, except as otherwise
expressly authorized by the provisions of the CMP and this chapter.
In the case of an accessory structure or building, it shall be detached
from the principal building.
Municipal Engineer, Construction Official, Zoning Official,
Public Works Manager, Public Safety Officer, and, in the case of subdivisions,
Tax Assessor.
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on surrounding properties, including, but not limited to,
inadequate drainage facilities, inadequate public utilities, unsuitable
street grades, street locations that fail to compose a convenient
system, and failure to provide or make future allowance for access
to the interior portion of adjoining lots or for other facilities
required herein.
Horses, cattle, sheep, goats, chickens, turkeys, geese, ducks,
swine and other animals, which may or may not be pets, housed in a
barn, coop, pen, or other suitable shelter for such animals.
[Amended 9-12-2018 by Ord. No. 2018-23]
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year round and may or may not be associated directly
with an agricultural/horticultural use; however, it does not include
supermarkets, convenience stores, restaurants and other establishments
that coincidentally sell agricultural products, nor does it include
agricultural production facilities such as a farm itself, nor facilities
that are solely processing facilities.
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.
PRINCIPAL USESAny production of plants or animals useful to man, including, but not limited to: forage or sod crops; grains and feed crops; dairy animals and dairy productions; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payment or other compensation pursuant to a soil conservation program under an agency of the federal government.
ACCESSORY USESAny structure, excluding residential dwellings, used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products.
A facility, constructed and operated for the express purpose
of processing agricultural or horticultural products grown in the
Pinelands, including washing, grading and packaging of those products.
An establishment, the primary purpose of which is the sale
of goods, commodities or services that support active farm operations.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configuration of the roof or exterior walls.
An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater,
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Amended 6-13-2018 by Ord. No. 2018-13]
An organization issued a permit pursuant to the "Jake Honig
Compassionate Use Medical Cannabis Act," P.L. 2009, c.307 (N.J.S.A.
2461-1 et al.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to section
7 of that act (N.J.S.A. 24:61-7) to concurrently hold a medical cannabis
cultivator permit, a medical cabis dispensary permit, as set forth
by N.J.S.A. 24:61-33.
[Added 10-13-2021 by Ord.
No. 2021-17[1]]
A means for making changes to this chapter as expressly authorized
by law or any change to the Master Plan.
A structure or use which:
Those animals designated by the NJDEP pursuant to N.J.S.A.
23:2A-1 et seq.
Any application filed with any permitting agency for any approval, authorization or permit that is prerequisite to initiating development in the Pinelands Area, except as provided in § 176-14A
Approval board, body or other authority within the Township
with authority to approve or disapprove subdivisions, site plans,
construction permits, zoning permits, or other applications for development
approval.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans, and other requirements have been completed or fulfilled and
the required improvements have been installed, or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 9-12-2012 by Ord. No. 2012-15]
Any parcel of land with a building used for the purposes
of automobile body and chassis repair, restoration, and painting.
Any parcel of land with a building used for major automobile
repair. Such work includes but is not limited to engine, transmission,
brake, and exhaust system repair. Automotive repair centers do not
include automotive body and painting services.
Any building, land area, or other premises, or portion thereof,
used or intended to be used for the retail sale of vehicular fuels
and automotive accessories, and providing, as an accessory use, minor
automotive services such as oil change, lubrication, tune-up, and
tire and battery sales and installation.
A building used for housing, storage or preparation for marketing
of plants or animals, provided that a barn is permitted only where
the use of the plants or animals to be housed, stored or prepared
for marketing is an otherwise permitted use according to the provisions
of this chapter.
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 9-12-2012 by Ord. No. 2012-15]
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.
[Added 9-12-2012 by Ord. No. 2012-15]
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to continuously limit view of and/or sound
from the site to adjacent sites.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof
and used for sheltering or protection of persons, animals, chattel,
or property of any kind.
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. Structures other than buildings, such as antennae,
are measured similarly from the ground, but extend to the highest
point of the structure.
A structure in which is conducted the principal use of the
site on which it is situated. In a residential district any dwelling
shall be the principal building of the lot on which it is located.
A portable structure, which is self-propelled or mounted
on or towed by a noncommercial vehicle, and which is designated and
used as shelter for travel, recreation, vacation or other short-term
uses.
A place used or suitable for camping on which a temporary
shelter such as a tent or camper/trailer may be placed and occupied
on a temporary and seasonal basis.
This term shall have the meaning as set forth in N.J.S.A.
24:61-33.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, subject to the limitations
set forth under section 28 of P.L. 2019, c.153 (N.J.S.A. 24:6I-21),
at which cannabis items or medical cannabis either obtained from the
retailer or permit holder, or brought by a person to the consumption
area, may be consumed.
[Added 10-13-2021 by Ord.
No. 2021-17]
A person or entity holding a Class 1 cannabis cultivator
license pursuant to N.J.S.A. 24:61-31 et seq. and any regulations
duly adopted by the Cannabis Regulatory Commission. Class 1 licensee's
primary business is the growth, cultivation, or production of Cannabis,
including the sale and transport of such cannabis to other cannabis
cultivators, or usable cannabis to cannabis manufacturers, cannabis
wholesalers or cannabis retailers, but not to consumers.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A person or entity holding a Class 6 cannabis delivery license,
pursuant to N.J.S.A. 24:61-31 et seq. and regulations duly adopted
by the Cannabis Regulatory Commission. Class 6 licensee's primary
business is the provision of courier services for consumer purchases
of cannabis items and related supplies fulfilled by a cannabis retailer
in order to make deliveries of the cannabis items and related supplies
to that consumer, and which services include the ability of a consumer
to purchase the cannabis items directly through the cannabis delivery
service, which after presenting the purchase order to the cannabis
retailer for fulfillment, is delivered to that consumer. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A facility or other place of business operated by a cannabis
distributor or cannabis delivery service in providing services as
a Class 4 or Class 6 licensee pursuant to license under N.J.S.A. 24:61-31
et seq. and any regulations adopted by the Cannabis Regulatory Commission,
where such person or entity lawfully engages in the bulk distribution
or consumer delivery of cannabis, usable cannabis or cannabis products.
.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A person or entity holding a Class 4 Cannabis Distributor
license pursuant to N.J.S.A. 24:61-31 et seq. and any regulations
duly adopted by the Cannabis Regulatory Commission. Class 4 licensees'
primary business is the transportation of cannabis in bulk intrastate
from one licensed cannabis cultivator to another licensed cannabis
cultivator or transporting cannabis item in bulk intrastate from any
one class of licensed cannabis establishment to another class of licensed
cannabis establishment. Class 4 cannabis distributor's may also
engage in the temporary storage of cannabis or cannabis items as necessary
to carry out transportation activities. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A business constituting a cannabis cultivator, cannabis manufacturer,
cannabis wholesaler or a cannabis retailer pursuant to N.J.S.A. 24:61-31
et seq. and any regulations duly adopted by the Cannabis Regulatory
Commission. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A person or entity holding a Class 2 cannabis manufacturer
license pursuant to N.J.S.A. 24:61-31 et seq. and any regulations
duly adopted by the Cannabis Regulatory Commission. Class 2 licensees'
primary business is processing cannabis items in this state by purchasing
or otherwise obtaining usable cannabis, manufacturing, preparing,
and packaging cannabis items, and selling, and optionally transporting,
these items to other cannabis manufacturers cannabis wholesaler or
cannabis retailers, but not to consumers. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A person or entity holding a Class 5 cannabis retailer license
pursuant to N.J.S.A. 24:61-31 et seq. and any regulations duly adopted
by the Cannabis Regulatory Commission. Class 5 licensees' primary
business is purchasing or otherwise obtaining usable cannabis from
cannabis cultivators and cannabis items from cannabis manufacturers
or cannabis wholesalers, and reselling these to consumers either through
a retail store or use of a cannabis delivery service or a certified
cannabis handler for the off-premises delivery of cannabis items and
related supplies to consumers.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
An independent, third-party entity meeting accreditation
requirement established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A person or entity holding a Class 3 cannabis wholesaler
license pursuant to N.J.S.A. 24:61-31 et seq. and any regulations
duly adopted by the Cannabis Regulatory Commission. Class 3 licensees'
primary business emails the purchase or otherwise obtaining, storing,
selling and otherwise transferring, and may transport, cannabis items
for the purpose of resale or other transfer to either another cannabis
wholesaler or to a cannabis retailer, but not to consumers. .
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A story having more than 1/2 of its floor-to-ceiling height
below average finished grade of the adjoining ground within 20 feet
of the structure. No cellar or part thereof shall be used as a separate
dwelling unit or as part of the minimum required floor area for a
residence.
See 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.
Any county master plan or ordinance certified by the Pinelands
Commission pursuant to N.J.A.C. 7:50-3, Part II, as being in conformance
with the minimum standards of same.
Any municipal master plan or land use ordinance certified
by the Pinelands Commission pursuant to N.J.A.C. 7:50-3, Part IV,
as being in conformance with the minimum standards of same.
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.
[Added 9-12-2012 by Ord. No. 2012-15]
A facility where source-separated or commingled waste is
dropped off in a container and temporarily stored before transportation
to another waste management facility.
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act, as latest revised.[2]
An area within or related to a site designated as a development,
and designed and intended for the use or enjoyment of residents and
owners of the development. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
use or enjoyment of residents and owners of the development.
A waste management facility that utilizes a controlled biological
process of degrading nonhazardous solid waste or sewage sludge. For
purposes of this definition, composting facility shall include co-composting
facility that utilizes a controlled biological process of degrading
mixtures of nonhazardous solid waste, including sewage sludge.
The plan adopted by the Pinelands Commission pursuant to
Section 7 of the Pinelands Protection Act, as latest revised.[3]
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons, who
require assistance, temporarily or permanently, in order to live in
the community, and shall include, but not be limited to: group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health care facility, within the meaning of the "Health Care Facilities
Planning Act," P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the
case of a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliate agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. "Developmentally disabled person" means
a person who is developmentally disabled as defined in Section 2 of
P.L. 1977, c. 488 (N.J.S.A. 30:11B-2). "Mentally ill person" means
a person who is afflicted with a mental illness as defined in N.J.S.A.
30:4-27.2, but shall not include a person who has been committed after
having been found guilty of a criminal offense by reason of insanity
or having been found unfit to be tried on a criminal charge.[4]
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
Actual construction on a parcel of land in accordance with
a permit issued by the applicable jurisdiction if the cost of the
physical improvements completed constitutes at least 25% of the projected
total cost of the development or the completion of all required foundations,
of a form and character such that the foundations are not usable for
any other form of development except that authorized by the issued
permit.
Vehicles registered with the State of New Jersey, or other
states, as commercial vehicles displaying commercial license plates.
Passenger cars, mini/conversion vans, pickup trucks with a load capacity
of no more than one ton (2,000 pounds), and station wagons displaying
commercial plates are not considered "commercial vehicles" for the
purpose of this chapter.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with this
chapter. The Planning Board shall review applications for conditional
use and approve by resolution before the use shall be established.
The construction, erection, reconstruction, alteration, conversion,
demolition, removal or equipping of buildings or structures.
Nonhazardous solid waste building material and refuse resulting
from construction, remodeling, and repair operations on residences,
commercial buildings, pavements and other structures.
An individual designated by the Township of Waterford and
duly licensed by the New Jersey State Department of Community Affairs
to serve as the "Construction Official."
Land connected or adjacent to other land so as to permit
the land to be used as a functional unit, provided that separation
by lot line, streams, dedicated public roads that are not paved, rights-of-ways
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.
Any person legally qualified to purchase recreational cannabis
pursuant to N.J.S.A. 24:61-31 et seq. As of the date of adoption of
this ordinance,[5] New Jersey law requires a consumer as defined herein be
at least 21 years of age or older and that such purchases of recreational
Cannabis are for personal use, not for resale to others. Any future
restriction or other modification concerning the qualifications applicable
to cannabis consumers by the State of New Jersey shall constitute
a parallel restriction or modification of the qualifications to purchase
or possess legalized cannabis within the Township.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
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.
[Added 9-12-2012 by Ord. No. 2012-15]
A pen or fence enclosure of durable construction, permanently
affixed to the ground and used as an enclosure for horses.
[Added 9-12-2018 by Ord.
No. 2018-23]
A composite of the master plan for the physical development
of a New Jersey county with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 or their successor statutes.
The governing authority responsible for county planning and
organized pursuant to N.J.S.A. 40:27-6.1 and defined therein.
A calendar day. Should the last day of a specified time limit
be a Saturday, Sunday, or holiday, said limit shall extend to the
next working day.
A licensed, principal use for providing custodial care of
persons, for a period not to exceed 18 hours within a single day,
in return for payment of tuition, fees, or other compensation. Day
care may include care of either children or adults who are unable
to care for themselves because of diminished capabilities.
Appropriation of land to some public use made by the owner
and accepted for such use by or on behalf of the public.
The transportation of cannabis items and related supplies
to a consumer. "Delivery" also includes the use by a licensed cannabis
retailer of any third party technology platform to receive process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of a licensed cannabis retailer,
which includes a certified cannabis handler employed or otherwise
working on behalf of a cannabis delivery service making off-premises
deliveries of consumer purchases fulfilled by that cannabis retailer.
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
The permitted number of dwelling units per gross area of
land to be developed.
That portion of a tract of land that is suitable for development
or construction of a building. The developable land area of a tract
excludes the area of floodplains, wetlands, wetland buffer areas,
open water areas, slopes in excess of 20% and the rights-of-way of
existing and proposed public streets.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a development, including the holder
of an option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
The creation, change or enlargement of any use or disturbance
of land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or significant change
in the external appearance of a structure;
A material increase in the intensity of use of land, including,
but not limited to, an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land;
Commencement of forestry activities, resource extraction, drilling,
or excavation on a parcel of land;
Demolition of a structure or removal of trees;
Deposit of refuse, solid or liquid wastes or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically of a shore, bank
or floodplain, seacoast, river, stream, lake pond, wetlands or artificial
body of water:
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.
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.
Any development other than major development.
Any development by a public agency.
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.
[Added 9-12-2012 by Ord. No. 2012-15]
Any portion of Waterford Township that certain uniform regulations
and requirements or various combinations thereof apply under the provisions
of this chapter.
Dogs, cats, hamsters, rabbits, small birds, and other animals
commonly considered pets housed in the owner's residence or appropriate
kennel, cage, hutch, or pen in the yard area. The term "domestic animal"
shall not include those typically found in zoos or farm animals.
A public or privately owned treatment works that processes
primarily domestic wastewater and pollutants.
Wastewater which results from the discharge of household,
commercial, or other wastes from bathrooms, toilet facilities, home
laundries and kitchens.
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
A signed, written agreement by a property owner which states
that responsibility for maintaining a drainage easement will remain
with the landowner and pass to any successive owner.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures
or plant any vegetation that will impede access.
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.
[Added 9-12-2012 by Ord. No. 2012-15]
Any building or portion thereof designed or used primarily
as the residence or sleeping place of one or more persons. A "dwelling"
is not a mobile home, hotel, motel, hospital, nursing home, dormitory,
fraternity or sorority house, rooming house, boarding house or similar
structure under the terms of this chapter.
SINGLE-FAMILYA single structure designed with one dwelling unit.
DUPLEXA single structure designed with two distinct dwelling units situated on a single lot with yard areas on four sides.
TWINA structure designed with two distinct dwelling units, separated by an approved party wall, which shall be constructed on a common lot line.
MULTIPLEThree or more dwelling units in a single structure.
TOWNHOUSEA structure containing multiple dwelling units separated by approved party walls, constructed along common lot lines or on a single lot.
IN-LAW SUITEOne or more rooms designed as an integral part of a dwelling unit that shall not have separate utilities, full cooking facilities, or separate entrances and exits other than those required by law for fire safety.
One or more rooms, including full cooking and sanitary facilities,
in a structure, designed as a unit for occupancy by not more than
one family for living and sleeping purposes.
Public, parochial and private elementary and secondary schools
duly licensed by the State of New Jersey, attendance at which is sufficient
compliance with the compulsory education requirements of the state.
Summer day camps shall not be considered "educational uses" or accessories
to such uses.
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:
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in intensity of use 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.
A deed, bond, money, or piece of property delivered to a
third person, to be delivered by him to the grantee only upon fulfillment
of a condition.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal or other governmental agencies or for
the public health or safety or general welfare. Essential services
shall include firehouses, first aid and emergency aid squads and community
antenna television whether provided by a municipal or nonprofit agency.
The value of a parcel based on what a willing buyer will
pay a willing seller in an arm's length transaction for the parcel
if no waiver of strict compliance is approved by the Pinelands Commission.
For undersized lots, the determination of fair market value shall
include consideration of the extent to which the parcel would contribute
to the value of a developable parcel if combined with one or more
parcels.
Two 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.
Section 502 of the National Parks and Recreation Act of 1978
(P.L. 95-625).[7]
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or any other manufactured material or combination of
materials.
Any barrier or hedge composed of live materials.
The final map of all or part of the subdivision presented
to the Planning Board for final approval according to these regulations
that, if approved, shall be filed with the proper county recording
officer.
That portion of a stream, as identifiable on the USGS 7Â 1/2
foot quadrangle maps, from the point of upstream origin, downstream
to the first portion of intersection with another branch, stream or
tributary.
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.
The relatively flat area adjoining the channel of a natural
stream, which has been or may be hereafter covered by floodwater.
Mapping of these areas may be available from state or county agencies.
The sum of the gross horizontal area of each story of a building,
measured from the surface of exterior walls, or from the center line
of a wall separating two buildings. "Floor area" shall not include
cellar space and any floor space where the average floor-to-ceiling
height is less than seven feet.
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:
[Amended 9-12-2012 by Ord. No. 2012-15]
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 plan detailing forestry management programs according to
provisions of the N.J.A.C. 7:50-4.2(b)6ii.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 9-12-2012 by Ord. No. 2012-15]
The portion of a lot that abuts one street. Frontage shall
be measured as an uninterrupted distance along one abutting street
line.
A detached or attached structure used mainly for the storage
of vehicles or household items, owned or rented by the occupant of
the principal structures or by his/her family, with a minimum size
of 240 square feet.
[Amended 2-8-2017 by Ord.
No. 2017-2]
Any garage other than a private garage that is open to the
public and used for the storage of motor vehicles.
A simple detached roofed structure, typically made of wood
or metal, used as a storage space for lawn or garden equipment, a
shelter for animals or a workshop with a minimum square footage of
80 square feet and a maximum of 239 square feet.
[Added 2-8-2017 by Ord.
No. 2017-2]
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.
[Added 9-12-2012 by Ord. No. 2012-15]
The natural environment of an individual animal or plant,
population, or community.
Such elements, compounds and substances that pose a present
or potential threat to human health, living organisms or the environment.
They consist of all hazardous or toxic substances defined as such
by the NJDEP and the EPA as of and after May 20, 1996.
Any waste or combination of wastes, including toxic, carcinogenic,
corrosive, irritating, sensitizing, radioactive, biologically infectious,
explosive or flammable waste, which poses a present or potential threat
to human health, living organism or the environment. They consist
of all hazardous wastes defined as such by the NJDEP and the EPA as
of and after May 20, 1996.
An area designated by the Commission pursuant to N.J.A.C.
7:50-6.154 as having such historic, cultural or archaeological significance
as to merit special protection.
See N.J.A.C. 70:50-6.153.
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.
An accessory use provided in a private residence approved
by the New Jersey Division of Youth and Family Services or an organization
that the division contracts for family day care in which child-care
services are regularly provided to no less than three nor more than
five children, for no less than 15 hours per week nor more than 18
hours within a single day. The limitation on the number of children
for whom day-care service can be provided shall not include children
who are legally related to the service provider or children who are
being cared for as a part of a cooperative agreement between parents
for the care of their children by one or more parents when no payment
for the care is being provided.
An activity for economic gain, carried out in a residential
dwelling or accessory structure thereto, in which an occupant of the
residence and no more than one additional individual is employed,
which activity is clearly secondary to the use of the residence as
a dwelling, and meets the requirements specified in this chapter.
Home occupations are permitted subject to certain special conditions
and requirements.
Includes horses, ponies or other such equine quadrupeds as
mules, asses and donkeys.
[Added 9-12-2018 by Ord.
No. 2018-23]
A building or group of buildings consisting of individual
sleeping units, designed for transient travelers and not for permanent
residency, except that up to 3% of the total units may be provided
for the sole use of resident employees.
Any hazardous waste material derived from households, including
single-family and multifamily residences, hotels and motels, bunkhouses,
farm labor housing, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water contact.
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 6-13-2018 by Ord. No. 2018-13]
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.
[Added 9-12-2012 by Ord. No. 2012-15]
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.
[Amended 9-12-2012 by Ord. No. 2012-15]
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.
[Added 9-12-2012 by Ord. No. 2012-15]
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; and other similar
facilities. For purposes of this chapter, institutional use shall
not include medical offices that are not associated with hospitals
or other medical or health service facilities, nor shall it include
assisted living facilities.
Any person whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter, or whose
right to use, acquire or enjoy property under this chapter or under
any other law of this state or of the United States has been denied,
violated or infringed upon by an action or a failure to act under
this chapter.
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the CMP took effect on
January 14, 1981. These regulations were formerly codified as N.J.A.C.
7:1G-1 et seq.
Any waste iron or other metal or substance, white goods,
bicycle parts, glass, paper, plastic, used lumber, rags, machinery,
machines, machine parts, accessories, unregistered motor vehicles
which are unfit for reconditioning, used parts of motor vehicles and
any material commonly known and generally referred to as "junk" in
the ordinary and accepted meaning of the word.
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 or disposition thereof or of any material whatsoever.
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.
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.
The legal or beneficial owner or owners of all land proposed
to be included in a planned development. The holder of an option or
contract to purchase, a lessee having a remaining term of not less
than 20 years, or other person having an enforceable proprietary interest
in such land shall be a "landowner" for the purposes of this chapter.
The installation of plant material or seed as a part of development.
Any county or municipal ordinance or regulation which, in
any way, regulates or affects the development of land.
A use of land, building or structure, or portion thereof,
that is permitted under all relevant local, state and federal land
use, nuisance and environmental statutes.
For the purpose of this chapter, shall mean attributed to
the phrase by, and each such "leachate collector" shall conform to
the requirements of the New Jersey Solid Waste Administration.
A highway designed in such manner that it provides no direct
access to properties abutting its right-of-way and all highways designated
as limited-access highways designated by the Planning Board in the
Master Plan.
The area within the wall exteriors above the main grade level,
but excluding cellars, attics, garages or porches.
An off-street parking 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.
Any county or municipal official, department, agency or other
body authorized to rule on any application for development.
A designated parcel, tract or area of land established by
a plat, or otherwise as permitted by law, and to be used, developed,
or built upon as a unit having frontage on a public street.
AREAThe computed area contained within the lot lines.
CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street, forming an interior angle of less than 135°. The point of intersection of the street lot line is the corner.
DEPTHThe mean distance between the front and rear lot lines.
INTERIORAny lot not a corner lot.
WIDTHThe distance between the two side lot lines measured at the required setback line.
Any security which is deemed acceptable by a municipality
for the maintenance of any improvements required by the MLUL, including,
but not limited to, surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.3, and cash.
Any subdivision not classified as a minor subdivision.
A composite of the mapped and written proposals recommending
the physical development of the municipality, duly adopted by the
Planning Board and pursuant to N.J.S.A. 40:55D-28.
Cannabis dispensed to registered qualifying patients pursuant
to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009,
c.307 (N.J.S.A. 24:61-1 et al.) and P.L. 2015, c.158 (N.J.S.A. 18A:40-12.22
et al.). "Medical cannabis" does not include any cannabis or cannabis
item which is cultivated, produced, processed, and consumed in accordance
with P.L. 2021, c.16 (N.J.S.A. 24:61-31 et al.).
[Added 7-28-2021 by Ord.
No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17]
A licensed cannabis business with a smaller footprint than
a standard cannabis business with respect to its business operations,
capacity and quantity of product and as defined in N.J.S.A. 24:61-33
and operated in accordance with N.J.A.C. 17:30-6.7.
[Added 10-13-2021 by Ord.
No. 2021-17]
Any subdivision containing not more than four lots fronting
on an existing minor street, not involving any new street or road
or the extension of municipal facilities and not adversely affecting
the development of the remainder of the parcel or adjoining property
and not in conflict with any provision or portion of the Master Plan,
Official Map, or this chapter.
A dwelling unit manufactured in one or more sections, that
may have axles and wheels, designated for long-term occupancy and
which can be transported, after fabrication, to a site where it is
to be occupied.
The governing body of a municipality or the Planning Board
created by a municipality in accordance with the state enabling statute,
which shall administer any ordinance pursuant to this statute.
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 9-12-2012 by Ord. No. 2012-15]
Water capable of being traversed by pleasure craft.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of a land use and development
ordinance, but that fails to conform to the present requirements of
the zoning district by reason of such adoption, revision or amendment.
A structure or building, the size, dimension or location
of which was lawful prior to the adoption, revision or amendment of
a land use, development and zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.[8]
A use occupying a lot, building or structure, legally existing
and/or used at the time of adoption of a land use and development
ordinance, or any amendment thereto, which does not conform to the
use regulations of the zone in which it is located.
A school designed to provide daytime care or instruction
for two or more children from two to six years of age inclusive, and
operated on a regular basis.
Any premises meeting the standards of the New Jersey Department
of Human Services to operate as a nursing home.[9]
A building, of more than 10,000 square feet with at least
50% of its occupancy by a single corporation or firm, serving as a
regional or national center.
A map adopted in accordance with the MLUL, or any prior act,
authorizing such adoption. Such a map shall be deemed to be conclusive
with respect to the location and width of the streets, public parks
and playgrounds and drainage rights-of-way shown thereon.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or reserved for public or private
use or enjoyment, provided such areas may be improved with only those
buildings, structures, streets and off-street parking and other improvements
that are designed to be incidental to the natural openness of the
land.
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.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public, whether
for a fee, free, or as an accommodation for clients or customers.
Any security which may be accepted by the municipality, including,
but not limited to, surety bonds, irrevocable letters of credit, escrow
agreements or similar collateral, or security agreements under the
circumstances specified in N.J.S.A. 40:55D-53.5, and cash, provided
that the municipality shall not require more than 10% of the total
guarantee in cash.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 9-12-2012 by Ord. No. 2012-15]
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
The Pinelands National Reserve and the Pinelands Area.
That area designated by Section 10(a) of the Pinelands Protection
Act.[10]
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 on other lands within the Township or on other designated
lands in the Pinelands Area.
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.
That area designated as such by Section 3(i) of the Pinelands
Protection Act.[11]
See N.J.A.C. 7:50-6.43.
[Added 9-12-2012 by Ord. No. 2012-15]
N.J.S.A. 13:18A-1 to 13:18A-29.
Any use which is based on resources which are indigenous
to the Pinelands, including, but not limited to, forest products,
berry agricultural, and sand, gravel, clay or ilmenite.
An area with a specified minimum contiguous or noncontiguous
acreage containing one or more residential developments, and one or
more institutional, commercial or industrial areas with specified
minimum contiguous or noncontiguous acreage to be developed as a single
entity according to a plan.
The municipal board charged with ensuring orderly development
in accordance with this chapter.
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
One or more maps of subdivision or a site plan that show
the location, boundaries and ownership of individual properties.
See N.J.A.C. 7:50-4.2 of the Pinelands Plan.
The preliminary map indicating the proposed layout to the
subdivision that is submitted to the Planning Board Clerk for Planning
Board consideration and tentative approval and meeting the requirements
of this chapter.
A permit, issued by the Zoning Officer, which is a prerequisite
to the issuance of a construction permit or other permits or approvals
that are needed to develop a single-family dwelling on an existing
lot of record. A preliminary zoning permit shall be accepted in lieu
of a Pinelands certificate of filing.
That area so designated by Section 10(b) of the Pinelands
Protection Act.[12]
All land within the Pinelands Area which is not included
in the preservation area.
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 parks, playgrounds and other recreational areas; other
public spaces; scenic or historic sites; school sites and sites for
other public buildings; and other areas dedicated to public use or
enjoyment.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities, developed linearly; roads,
streets and other similar services provided or maintained by any public
or private entity.
A management program that 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 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Pinelands Commission.
Any recreational facility which does not satisfy the definition
of low-intensive recreational facility including but not limited to
golf course, marinas, amusement parks, hotels and motels.
A facility or area that complies with the standards of N.J.A.C.
7:50-5, Part III, of the CMP, 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.
Recreation facilities operated as a business and open to
the general public for a fee.
Clubs or recreation facilities operated by a nonprofit organization
and open only to bona fide members of such nonprofit organization.
The following materials which would otherwise become solid
waste and which may be collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products:
source-separated nonputrescible metal, glass, paper, plastic containers,
corrugated and other cardboard; vegetative waste; waste concrete;
asphalt; brick; block; asphalt-based roofing scrap and wood waste;
other waste resulting from construction, remodeling, repair and demolition
operations on houses, commercial buildings, pavements and other structures;
whole trees, tree trunks, tree parts, tree stumps, brush and leaves
that are not composted; scrap tires; petroleum contaminated soil that
is delivered to a nonmobile in-state asphalt plant, concrete production
plant or brick-making facility for incorporation as a raw material;
and petroleum contaminated soil that is processed at its point of
generation by mobile recycling equipment which produces asphalt, concrete
or bricks by incorporating it as a raw material in its mobile production
process.
A facility designed and operated solely for receiving, storing,
processing or transferring recyclable materials, except that recycling
center shall not include a manufacturer. For purposes of this definition,
processing may include, but is not necessarily limited to, separating
by type, grade or color, crushing, grinding, shredding or baling.
Junk/salvage yards shall not be considered recycling centers for the
purpose of this chapter.
Any waste regulated pursuant to the New Jersey Comprehensive
Regulated Medical Waste Management Act, N.J.S.A. 13:1E-48.1 et seq.
A church, mosque, synagogue, temple or other similar place
of worship.
A process to remove or treat a waste or hazardous or toxic
substance from soil or water but does not include any subsequent burial
or land application of contaminated soil or other solids.
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
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.
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 nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.
[Added 9-12-2012 by Ord. No. 2012-15]
An establishment where food and drink is prepared, served
and consumed, primarily within the principal building. However, a
snack bar or refreshment stand at a public or community swimming pool,
playground, play field or park, operated solely by the agency or group
operating the recreational facility and for the convenience of patrons
of the facility, shall not be deemed a restaurant.
A commercial establishment where food and drink, prepared
for immediate consumption, are purchased at a counter and either eaten
on the premises, in the purchaser's automobile, or off the premises.
Those restaurants where a majority of prepared food is consumed only
at tables on the premises and served by waiters or waitresses at said
tables shall not be deemed "fast foot restaurants." Any restaurant
with drive-through window service shall be considered a "fast food
restaurant." "Fast food restaurants" shall not include those retail
stores where food is primarily sold for preparation and consumption
elsewhere, such as a supermarket, or stores where, as a secondary
use of the premises, prepared foods may be sold over the counter for
immediate consumption, such as a delicatessen.
A dwelling unit containing rooms for the rooming and/or boarding
of individuals for a fee.
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.
[Added 9-12-2012 by Ord. No. 2012-15]
Any apparatus or structure constructed or installed out of
doors with the purpose of receiving television, radio or similar waves,
but excluding, however, conventional television antennae.
See N.J.A.C. 7:50-6.103 of the CMP.
The level below the natural land surface to which water seasonally
rises in the soil in most years.
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.
[Added 9-12-2012 by Ord. No. 2012-15]
Specially designed housing for persons aged 62 and over providing
units within low-, and mid-rise buildings, specifically designed for
the safety and comfort of an older population.
The solid residue and associated liquid resulting from the
physical, chemical or biological treatment of wastewater in domestic
treatment works.
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.
[Added 9-12-2012 by Ord. No. 2012-15]
Two or more commercial establishments in one or more structures
on 10 or more acres of land designed and operated as a coordinated,
integrated entity with respect to parking, services, signs, etc. Use
may include retail and service establishments; offices and office
structures; theaters; recreational facilities; meeting and convention
facilities; museums and cultural facilities; motels and hotels; auto
service stations where gasoline, oil and grease, batteries, tires
and automobile accessories may be supplied and dispensed directly
to the motor vehicle trade and where minor repair service is rendered;
and uses accessory to all such permitted uses.
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. Flags and banners displaying products or product
names shall be considered signs.
OFF-SITE ADVERTISINGA sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere.
BUSINESSA sign which directs attention to a business or profession conducted or to a commodity service or entertainment sold or offered upon the premises where the sign is located.
FLASHINGAny sign of which the artificial light is not maintained constant in intensity and/or color at all times when such sign is in use.
GROSS ADVERTISING AREAThe entire space within a single continuous perimeter enclosing the extreme limits of such, but in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
Any improvement in connection with a development involving
streets, roads, parking facilities, sidewalks, lighting, landscaping,
drainage structures, and utilities.
A triangular portion of land established at street intersections
and driveways in which nothing is erected, placed, planted or maintained
more than 24 inches above the street center line. The purpose of a
sight triangle is to eliminate any viewing obstruction for motorists
entering or leaving the intersection or driveway. Exceptions are street
signs, fire hydrants and light standards.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including, but not
necessarily limited to, topography, vegetation, drainage, floodplains,
marshes, and waterways; the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, circulation, rights-of-way, easements, drainage facilities,
utility services, landscaping, structures, signs, lighting and screening
devices; and any other information that may be reasonably required
by the approving agency in order to make an informed determination
pursuant to this chapter.
SITE PLAN, EXEMPTSite plan for an individual single-family, duplex or twin dwelling, or accessory buildings to agricultural and horticultural uses, unless such uses are located on an unimproved road, in a flood hazard area, or involve a home occupation. Interior building alterations that do not involve a change in use or additional parking shall also be exempt.
SITE PLAN, ADMINISTRATIVESite plan requiring less than 10 parking spaces as required in this chapter, containing no more than 2,500 square feet of floor area, having no more than 30% of lot coverage and involving clearing, grading or land disturbance of an area no more than 5,000 square feet, and which does not include any new street or extension or any off-tract improvements or design waivers. If design waivers are required, the plan will be deemed a minor site plan.
SITE PLAN, MINORSite plan for a development requiring more than 10 parking spaces as required in this chapter, containing no more than 5,000 square feet of floor area, having no more than 30% of lot coverage and involving the clearing, grading or land disturbance of an area no more than 10,000 square feet, and which does not include any new street or extension of any off-tract improvements.
SITE PLAN, MAJORAll site plans not defined as administrative, minor or exempt.
SITE PLAN AMENDMENTSThe Administrative Review Committee shall determine if proposed changes are substantial or administrative. Nonsubstantial changes may be administratively approved by the inspecting engineer. Substantial changes require Board approval.
A building or structure built with at least three walls of
durable construction, permanently affixed to the ground and used for
boarding, sheltering or housing of horses. This definition shall specifically
exclude shipping containers or crates, truck bodies, vans or other
similar enclosures used for the housing of animals.
[Added 9-12-2018 by Ord.
No. 2018-23]
Standards adopted by ordinance regulating noise levels, glare,
earthborn or sonic vibrations, noxious odors, toxic matter, explosive
and flammable matter, smoke matter, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other reasonable requirements as a municipal authority may provide
by ordinance.
A state department, board, commission, division, bureau or
an agency created by the state.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
That portion of a building included between the surface of
any floor and the surface of the floor above it or, if there is no
floor above it, then the space between the floor and the ceiling next
above it.
The lowest story of the ground story of any building, the
floor of which is not more than 12 inches below the average finished
grade of the adjoining ground within 20 feet of the structure.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way that is an existing state, county or municipal
roadway; a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action; a street or way on a plat duly
filed and recorded in the office of the county recording officer prior
to the appointment of a Planning Board and the grant to such Board
of the power to review plats and that includes the land between the
street lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines. For the purpose of this chapter "streets" shall
be classified as follows:
ARTERIAL STREETSStreets which are used primarily for fast or heavy traffic.
COLLECTOR STREETSStreets which carry traffic from minor streets to the major system of arterial streets, the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSStreets that are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways that are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
A building built with at least three walls of durable construction,
permanently affixed to the ground and used for housing of animals.
This definition shall specifically exclude shipping containers or
crates, truck bodies, vans or other similar enclosures used for the
housing of animals.
[Amended 9-12-2018 by Ord. No. 2018-23]
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels, or other divisions of land for sale
or development. The following shall not be considered subdivisions
if no new streets are created: divisions of land found by the Planning
Board for agricultural purposes where all resulting parcels are five
acres or larger in size; divisions of property by testamentary or
intestate provisions; divisions of property upon court order, including,
but not limited to, judgments of foreclosures; consolidation of existing
lots by deed or other recorded instrument; and the conveyance of one
or more adjoining lots, tracts, or parcels of land owned by the same
person or persons, all of which are found and certified by the administrative
officer to conform to the requirements of the municipal development
rules, and are shown and designated as separate lots, tracts, or parcels
on the Tax Map of the municipality.
Those lands that are inundated with water throughout the
year.
Sewage sludge in which the concentrations of any metals,
measured on a dry weight basis, do not exceed the following limits:
10 parts per million arsenic; 40 parts per million cadmium; 1,000
parts per million chromium; 1,200 parts per million copper; 4,800
parts per million lead; 10 parts per million mercury; 1,250 parts
per million nickel; and 2,400 parts per million zinc. The metal concentration
limits used to define suitable sewage sludge are identical to those
set forth in the DEP's September 1993 draft Solid Waste Management
State Plan Update for Class B sludge.
[Added 9-12-2012 by Ord. No. 2012-13]
SOLAR ENERGY SYSTEM A solar energy system, and all associated equipment, converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
WIND ENERGY SYSTEM A wind energy system converts mechanical energy from the wind into electrical power. This term includes the base, blades, foundation, nacelle, rotor, tower, transformer, vane, wire inverter, batteries, and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
SMALL WIND ENERGY SYSTEM A wind energy system, as defined herein, is used to generate electricity, and has a nameplate capacity of 100 kilowatts or less.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 9-12-2012 by Ord. No. 2012-15]
A facility at which waste is transferred from one waste vehicle
to another waste vehicle for transportation to a waste management
facility.
The teaching or instruction of academic, business or artistic
subjects to not more than four students simultaneously.
Lines, conduits, pipes or cables 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.
Any plant material, including grasses, shrubs and trees.
Leaves, grass clippings, twigs, shrubbery and residue from
the raising of plants, such as stalks, hulls and leaves. It includes
vegetative processing wastes that do not contain nonvegetative additives
and whole trees, branches, tree trunks and stumps processed through
a wood chipper.
Any hazardous waste, regulated medical waste, garbage, refuse,
septage sludge, discarded materials and other by-products and substances
which become unsuitable for their original purpose, resulting from
industrial, commercial and agricultural operations and from domestic
and community activities. They shall include solid and liquid waste
materials. For the purposes of this definition, liquids which are
released from a sewage treatment plant or on-site septic wastewater
treatment system and solid animal and vegetable wastes collected by
swine producers licensed by the New Jersey Department of Agriculture
to collect, prepare and feed such wastes to swine on their own farms
shall not be considered waste.
A waste, which has been separated, collected or processed
such that it is converted into an economically valuable raw material
or product which is not hazardous.
Any property, site, system, equipment or structure which
is utilized for the storage, collection, processing, transfer, transportation,
separation, recycling, reclamation, recovery, reuse or disposal of
waste. It includes, but is not necessarily limited to, landfills,
composting facilities, recycling facilities and centers, incinerators,
materials recovery facilities, reclamation facilities, resource recovery
facilities, waste reuse facilities and transfer facilities.
Any part of a system used to carry wastewater and includes
laterals, mains, trunks, interceptors and other similar facilities.
See N.J.A.C. 7:50-6.3.
Any wetland that meets each of the following three tests:
The wetland meets at least one of the following two criteria:
The wetland meets at least one of the following three criteria:
The wetland is within an area that is predominantly developed,
has direct access to a paved public road and is serviced by a municipal
wastewater treatment system; or
The wetland was filled prior to February 8, 1979, the fill is
at least one foot in depth, and the seasonal high water table is not
within one foot of the altered land surface; or
The wetland is an actively cultivated non-berry agricultural
field which was cleared and in production prior to February 8, 1979;
and
The wetland is not:
An Atlantic white cedar swamp;
A wetland that is frequently ponded or flooded for a period
of at least seven days during the growing season;
A herbaceous or shrub dominated wetland type found in naturally
occurring circular or nearly circular depressions within upland or
wetland complexes;
Located within 300 feet of a lake, pond, river or permanent
stream; or
A wetland supporting plant species that are designated as endangered
pursuant to N.J.S.A. 13:1B-15.151 et seq. or supporting plant or wildlife
species designated as threatened or endangered pursuant to N.J.A.C.
7:50-6.27 and N.J.A.C. 7:50-6.33.
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.
[Added 9-12-2012 by Ord. No. 2012-15]
Those soils designated as very poorly drained or poorly drained
by the Natural Resources Conservation Service of the USDA, including,
but not limited, to Atsion, Bayboro, Berryland, Colemantown, Elkton,
Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns, Freshwater Marsh
and Tidal Marsh soil types.
An open space that lies between the principal building or
group of buildings and the nearest lot line and that is unoccupied
and unobstructed from the ground upward, except as herein permitted.
FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter. Any portion of a lot abutting a street will be considered a front yard for the purpose of this chapter.
REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
SIDEAn open space extending from the front lot line to the rear lot line between a principal building from the nearest side lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
The sale of personal used property from a residential dwelling
lot. For the purpose of this chapter, "yard sale" does not mean the
collection of and/or purchase of used items for resale from a residential
dwelling lot or any lot located within Waterford Township. The sale
of items collected and/or purchased for resale shall be deemed a business
subject to the restrictions and requirements of commercial use. This
term shall include "flea market" for sales conducted by religious
or civic organizations on public or private property for fund-raising
purposes.
The Zoning Map or Maps for the Township of Waterford, New
Jersey, together with all amendments subsequently adopted, delineating
the various districts controlling land use and lot size.
[1]
Editor's Note: Ord. No. 2021-17 also provided that "in
the event of a conflict in the meaning of words or phrases as between
the Township Code and the foregoing laws or regulations of the State
concerning legal Cannabis. State law or regulations shall govern."
[2]
Editor's Note: See N.J.S.A. 13:18A-5.
[3]
Editor's Note: See N.J.S.A. 13:18A-8.
[5]
Editor's Note: Ord. No. 2021-17 was adopted 10-13-2021.
[6]
Editor's Note: Chapter 1 of Title 58 of the Revised Statutes was repealed. See now N.J.S.A. 58:1A-1 et seq.
[7]
Editor's Note: The former definition of "farm setting," which
immediately preceded this definition, was repealed 9-12-2018 by Ord.
No. 2018-23.
[10]
Editor's Note: See N.J.S.A. 13:18A-11a.
[11]
Editor's Note: See N.J.S.A. 13:18A-3i.
[12]
Editor's Note: See N.J.S.A. 13:18A-11b.
