The following definitions shall be used to clarify the terms
of this chapter.
The requirement of providing adequate drainage facilities
and easements in accordance with the County Land Development Standards
when a site plan or subdivision application will cause stormwater
to drain either directly or indirectly to a County road or through
any drainageway, structure, pipe, culvert or facility for which the
County is responsible for the construction, maintenance or proper
functioning.
The inadequacy of drainage facilities or drainage easements
involving the movement of storm- or surface water, whether leading
to, from, along and/or through a County road or drainage facility
which will:
As determined by the County Engineer and in accordance with
the Atlantic County Land Development Standards, a subdivision or site
plan application that will cause stormwater to drain either directly
or indirectly to a County road or through any drainageway structure,
pipe, culvert or facility for which the County is responsible for
the construction, maintenance or proper functioning.
The use of land for common farmsite activities, including
but not limited to: production, harvesting, storage, grading, packaging,
processing and the wholesale and retail marketing of crops, plants,
animals and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease and pest control, disposal of farm waste, irrigation,
drainage and water management and grazing.
The legal owner of record of the property or other individual,
firm, syndicate, partnership or corporation having a proprietary interest
to commence and maintain proceedings for site plan or subdivision
review pursuant to municipal ordinance and this chapter. If the applicant
is not the owner, then a written consent to the land development application,
from the owner of record, shall be provided to the County.
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. It is shown on the
Flood Insurance Rate Map (FIRM) as Zone V, VE, V1-30, A, AO, A1 A30,
AE, A99, or AH.
A plan prepared by a New Jersey licensed professional engineer,
certifying the locations, dimensions, elevations and capacities of
roadway and drainage structures or facilities. The plan shall be supplemented
with a written report which certifies that the improvements have been
constructed in accordance with the standards and criteria established
in the ACLDS and the DRC approved subdivision or site plan.
The portion of roadway adjoining the traveled way intended
for speed change, storage, weaving and for other purposes supplementary
to through traffic movement. Auxiliary lanes include but are not limited
to:
ACCELERATION LANEAn auxiliary lane including tapered areas, primarily for the acceleration of vehicles entering the through traffic lanes.
DECELERATION LANEAn auxiliary lane including tapered areas, primarily for the deceleration of vehicles leaving the through traffic lanes.
To require access to all buildings, including their associated
sites and facilities, for people with disabilities in accordance with
the New Jersey Barrier Free Subcode N.J.A.C. 5:23-7.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
The flood elevation shown on a published Flood Insurance
Study (FIS), including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30 the elevation represents the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. For Zones VE and V1-30
the elevation represents the still water elevation (SWEL) plus wave
effect (BFE = SWEL + wave effect) resulting from a flood that has
a one-percent or greater chance of being equaled or exceeded in any
given year.
A portion of a roadway which has been designated by striping,
signing and pavement markings for the preferential or exclusive use
of bicyclists.
A bikeway physically separated from motorized vehicular traffic
by an open space or barrier and either within the highway right-of-way
or within an independent right-of-way.
Any structure, including supports, erected over a depression
or an obstruction, such as water, highway or railway, and having a
track or passageway for carrying traffic or other moving loads and
having a length measured along the center of the structure of more
than 20 feet.
The actual road surface area from curbline which may include
travel lanes, parking lanes and deceleration and acceleration lanes.
Where there are no curbs, the cartway is that the portion between
the edges of the paved or hard surface.
Any activity which removes the vegetative surface cover,
including the stripping, grubbing and storage or removal of topsoil.
The portion of the special flood hazard area (SFHA) starting
from a Velocity (V) Zone and extending up to the landward limit of
the moderate wave action delineation. Where no V Zone is mapped, the
Coastal A Zone is the portion between the open coast and the landward
limit of the moderate wave action delineation. Coastal A Zones may
be subject to wave effects, velocity flows, erosion, scour, or a combination
of these forces. Construction and development in Coastal A Zones is
to be regulated the same as V Zones/coastal high-hazard areas.
An application for land development which includes all of
the information and accompanying documents identified in the Administrative
Complete for Review Checklist and the Minor Subdivision, Major Subdivision
or Site Plan Technical Checklists.
An approval of a site plan or subdivision which must meet
conditions, as identified by the Development Review Committee (DRC),
prior to receiving final approval.
The County of Atlantic, New Jersey.
A composite of the written goals and policies for the physical
development of the County, with the accompanying maps and descriptive
and explanatory matter as prepared by Regional Planning with the advice
and consultation of the County Planning Advisory Board and adopted
by the County Board of County Commissioners.
The New Jersey County Planning Act, which is set forth at
N.J.S.A. 40:27-6.1 et seq., as amended.
An easement to the County of Atlantic of an interest of land
for the purpose of installation of utilities; construction, reconstruction,
widening or improving a County road, including the repair and maintenance
of the County road and construction, reconstruction or alterations
of facilities related to the safety, convenience or carrying capacity
of the County road system or drainage facilities or for the purposes
of maintaining a clear site area.
The levels of classification for the County Road System are
as follows:
ARTERIAL ROADSServe to connect the collector system with County collector routes. These roads are intended for mobility (ie., moving traffic at relatively high speeds over long distances from one region to another).
COLLECTOR ROADSServe to connect the arterial system with the County minor collector and local municipal roads.
MINOR COLLECTOR ROADSProvide access to land uses and serve as connectors between the collector and municipal road system.
A diagram of the vertical cut through a road showing the
median pavement, cross slope, number of traffic bearing lanes, sidewalks,
curbs and roadsides.
A closed or open conduit designed for the purpose of conveying
an open channel watercourse under a road, highway, pedestrian walk,
railroad embankment or other type of overhead system and having a
clear span of 20 feet or less.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
A ramp cutting through a curb which is designed and constructed
to provide an accessible route for people with disabilities to safely
transition from a roadway to a curbed sidewalk and vice versa.
Curbing along the radius of a road or driveway opening which
extends from a point tangent to the adjacent traveled lane, paved
shoulder or acceleration or deceleration lane to a point tangent to
the road or driveway lane.
A line, whether curbing exists or not, which is the edge
of the pavement or shoulder.
Any and all subdivisions of land; the construction, conversion,
structural alteration, relocation or enlargement of any building or
other structure; any mining, excavation or landfilling; any use or
change of use of any building or structure, including the change of
use of any land or extension of use of land.
The Committee established by the Code of Atlantic County,
consisting of the County Planning Director or official alternate,
the County Engineer or official alternate, and three members of the
Atlantic County Planning Advisory Board (PAB) appointed by the Chairperson
who will review subdivision and site plan applications on behalf of
the PAB in administering the provisions of this chapter and as further
defined by the Code of Atlantic County.
The on-site and off-site areas contributing runoff to a single
point measured in a horizontal plane, which is enclosed by a ridgeline.
A written agreement, signed by the land owner, which states
that responsibility for operating and maintaining a drainage facility
will remain with the land owner and pass on to any successive owner.
The land required along a natural stream or watercourse upon
which structures may not be erected and the County is given ingress
and egress for the preservation of the channel and floodway and providing
for the flow therein, or the land required for the installation and
maintenance of stormwater sewers or drainage areas to safeguard the
public against flood damage.
A paved or unpaved area used for ingress or egress by vehicles
from a street, road or alley to gain access to the interior of a lot
or parcel of land, a building or other structure or facility.
A nonpossessing limited use of private land for a specific
public or quasi-public purpose.
A letter issued by the Atlantic County Department of Regional
Planning and Development which identifies that the County Engineer,
County Planner and their staff has determined that a site plan meets
the requirements of exemption from County review in accordance with
the County Planning Enabling Act (N.J.S.A. 40:27-6.6).
The official action taken by the County on a subdivision
or site plan application which identifies that application is not
located along a County road and does not impact a County road or drainage
facility.
The official action DRC taken by the County on a subdivision
or site plan application after all conditions, engineering plans and
other requirements have been completed or fulfilled and the required
improvements have been installed or guarantees have been properly
posted for their completion including the payment of all required
fees and monetary contributions.
The final map and design plan of all or a portion of a subdivision,
meeting all the standards and regulations of this chapter and the
conditions established by the Development Review Committee and the
Municipal Approval Authority. Plats which are to be filed with the
County Clerk must comply with the New Jersey Recordation Law (N.J.S.A.
46:26B, Map Filing).
An area consisting of the floodway and the floodway fringe.
The "floodway" shall mean the channel of a watercourse and those areas
adjoining the channel which are reasonably required to carry and discharge
the floodwaters of any watercourse. "Floodway fringe" shall mean the
area adjoining the floodway which has been or may hereafter be covered
by floodwater.
The permit issued by the County Engineer in accordance with
current County excavation ordinances or regulations to allow one or
more driveways entering on a County road, or the construction of sidewalk,
curbing, drainage, utilities or any other related work within the
limits of the County right-of-way (Code of Atlantic County, New Jersey,
as revised).
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
The passage of water into soil material or other permeable
surfaces.
An agreement by a bank or other institution made at the request
of an applicant and of a kind within the scope of N.J.S.A. 12A:5-102
that the issuer will honor drafts or other demands for payment upon
compliance with conditions specified in the letter of credit. Letters
of credit must be irrevocable and in a form which is acceptable to
County Counsel.
A designated parcel, tract or portion of land legally separated
from other parcels or portions by description, such as on a subdivision
plat, municipal tax map, record of survey maps or metes and bounds
description.
A security which is deemed acceptable by County Counsel and
in an amount acceptable to the County Engineer to assure that required
improvements will function as designed for a period of two years after
date of release of a performance guarantee.
A subdivision of land that creates three lots or more, excluding
the remainder parcel of the original lot, or requires a new street.
A subdivision of land not classified as a major subdivision.
Any municipal official, department, agency or other body
having the power of approval of land development applications.
Improvements to County roads or drainage facilities not located
on the property that is the subject of the development application
nor on a contiguous portion of a street or other right-of-way.
The map as adopted and amended by ordinance of the Board
of County Commissioners, pursuant to N.J.S.A. 40:27-5.
Improvements to County roads or drainage facilities, located
within the property that is the subject of a development application,
or within a contiguous portion of a street or other right-of-way.
A security which is deemed acceptable by County Counsel and
in an amount approved by the County Engineer, to ensure the construction
of improvements as required by the Development Review Committee.
Any application, filed with any permitting agency, for any approval,
authorization or permit which is a prerequisite to initiating development
in the Pinelands Area, except for an application for approval, authorization
or permit for:
The improvement, expansion or reconstruction within five years
of destruction or demolition of any single-family dwelling unit or
appurtenance thereto;
The improvement, expansion, construction or reconstruction of
any structure accessory to a single-family dwelling;
The improvement, expansion, construction or reconstruction of
a structure used exclusively for agricultural or horticultural purposes;
The construction, repair or removal of any sign except for the
construction or replacement of any off-site commercial advertising
sign;
The repair of existing utility distribution lines;
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
The clearing of less than 1,500 square feet of land;
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure, provided
that:
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition will cover an area of no more than 4,999
square feet; and
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
The demolition of any structure that is less than 50 years old;
The repair or replacement of any existing on-site wastewater
disposal system;
The repaving of existing paved roads and other paved surfaces,
provided that no increase in the paved width of said roads and surfaces
will occur;
The clearing of land solely for agricultural or horticultural
purposes;
Fences, provided that no more than 1,500 square feet of land
is to be cleared;
Aboveground telephone equipment cabinets;
Tree pruning;
The following forestry activities:
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size; and
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year; and
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity, and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year.
Prescribed burning and the clearing and maintaining of fire
breaks;
Normal and customary landscape plantings, unless a landscaping
plan is required pursuant to N.J.A.C 7:50-6.24;
Agricultural resource extraction, provided that:
All of the removed soil remains in agricultural or horticultural
use within the Pinelands Area;
No more than 2,000 cubic yards of soil per calendar year are
removed from any parcel; or
No more than 20,000 cubic yards of soil per calendar year are
removed from any parcel and a Farm Conservation Plan, designed in
accordance with the United States Department of Agriculture, Natural
Resources Conservation Service New Jersey Field Office Technical Guide,
Section 4, dated May 2001, incorporated herein by reference, as amended
and supplemented, is approved by the Soil Conservation District and
submitted to the Pinelands Commission by the owner of the parcel,
demonstrating that the proposed resource extraction is for one of
the following agricultural purposes:
Agricultural irrigation ponds;
Blueberry/cranberry agriculture site preparation and horticulture
of other wetland species, provided that the activity is located on
wetland soils or soil types that are somewhat poorly drained or moderately
drained with a seasonal high water table within 24 inches of the natural
surface of the ground, as defined in the applicable County Soil Survey,
published by the United States Department of Agriculture, Natural
Resources Conservation Service, as amended and or supplemented; or
The offsite removal of underlying soils to access underlying
sand for cranberry management practices, provided that the quantity
of overlying soil removed offsite does not exceed the quantity of
underlying sand to be used for the management practices listed in
N.J.A.C. 7:50-6.55(a)4 and the quantity of overlying soil removed
offsite does not exceed that reasonably necessary to provide access
to underlying sand to be utilized within a three-year period.
The installation of an accessory solar energy facility on an
existing structure or impervious surface;
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
that such antenna is not inconsistent with any comprehensive plan
for local communications facilities approved by the Commission pursuant
to N.J.A.C. 7:50-5.4(c)6;
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed;
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
That area of Atlantic County designated as such by Section
10(a) of the Pinelands Protection Act.[1]
A certificate issued by the Pinelands Commission which is
a prerequisite to the commencement of any development within the jurisdiction
of a municipality with an uncertified master plan or land use ordinance.
(See N.J.A.C. 7: 50-4.11 through 7:50-4.27.) This document shall be
entitled "Certificate of Non-Completeness" when the proposed development
is not consistent with the requirements of the Comprehensive Management
Plan.
A certificate issued by the Pinelands Commission that a complete
application for development has been filed in a certified municipality
pursuant to N.J.A.C. 7:50-4.34 and 7:50-4.82.
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 the Pinelands
Comprehensive Management Plan.
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.[2]
The Comprehensive Management Plan adopted by the Pinelands
Commission pursuant to Section 7 of the Pinelands Protection Act,
as amended.[3]
The change or enlargement of any use, or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels and the location or termination of
rights or access or riparian rights, including, but not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction, drilling or excavation
on a parcel of land;
Commencement of forest activities;
Demolition of a structure or removal of trees;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions or emissions of waste material;
and
Alteration, either physically or chemically, of a shore, bank
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Any approval granted by the Commission pursuant to N.J.A.C.
7: 50-4, Part II or Part IV.
The agency responsible from February 8, 1979, until June
28, 1979, for the review of the actions 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.
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.
All development other than major development.
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Comprehensive Management
Plan took effect on January 14, 1981. These regulations were formerly
codified as N.J.A.C. 7:1G-1 et seq.
That area so designated by Section 10(b) of the Pinelands
Protection Act.[4]
N.J.S.A. 13:18A-1, et seq.
All land within the Pinelands Area of Atlantic County which
is not included in the Preservation Area.
A review by the County Engineer, County Planner and their
staff to confirm that a site plan or subdivision application that
does not abut a County road or does not affect a County road or drainage
facility. If appropriate, a letter of favorable review will be issued
if the County determines that there will be no impact to a County
road or drainage facility.
A review by the County Engineer, County Planner and their
staff of a site plan or subdivision application that abuts a County
road or affects a County road or drainage facility and requires an
approval by the Atlantic County Development Review Committee.
An interest, restriction or easement in an area or strip
of land, either public or private, on which an irrevocable right of
passage has been recorded for the use of vehicles, pedestrians, improvements,
public utilities, stormwater drainage facilities or other public purpose
or combination thereof.
A line parallel to and a specific distance from the existing
and proposed right-of-way line of a road established by local zoning
ordinances which restricts the placement of buildings and structures
within such distance.
Also referred to herein as a "clear sight area" and being
a triangular portion of land established or reserved along County
roads, at street and driveway intersections, whereby the applicant,
its successors and assigns maintain that nothing shall be erected,
placed, planted or allowed to grow in such a manner as to limit or
obstruct the sight vision of motorists traveling along the adjacent
County road or intersection, as set forth more fully in this chapter.
Sight triangles shall be established by easement, at intersections
of two or more County roads, and by restrictive covenants at other
intersections with County roads.
A temporary facility, designed in accordance with the standards
adopted by the Cape-Atlantic Soil Conservation District to collect
silt and eroded soil resulting from grading the area of a land development,
for the purpose of limiting the deposit of silt and eroded soil in
watercourses.
A plan that illustrates the existing and proposed land development
drawn in accordance with the requirements of this chapter.
A permanent structure designed for the temporary storage
of stormwater runoff, and the controlled release of such runoff during
and after a flood or storm.
A plan and narrative of existing and proposed stormwater
management system designed in accordance with the requirements of
this chapter.
A permanent structure designed for the permanent storage
of a fixed volume of water, with subsequent gradual discharge to groundwater.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water.
Any watercourse which exhibits continuous water flow for
12 months a year.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way, which is an existing state, County or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to the
law, or which is approved by official action as provided by the County
Enabling Act, or which is shown on a plat duly filed and recorded
in the Office of the County Clerk prior to the appointment of a planning
board and the grant to such board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas, and other areas within street lines.
Any natural swale, stream, brook or river which is the natural
course of storm- or running water through which water flows ordinarily
and frequently but not necessarily continuously, including watercourses
which have been artificially realigned or improved.
The drainage basin, catchment, or other area of land that
drains water, sediment, and dissolved materials to a common outlet
at some point along a stream channel.
As defined by N.J.A.C. 7:50-6.3 through 7:50-6.5.
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, Berryland, Muck,
Pocomoke, Freshwater Marsh and Tidal Marsh soil types.
