In addition to the terms defined in Subsection
B above, the following terms shall apply to the Pinelands Area of Lacey Township. In the event of a conflict between a definition of Township-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.
[Added 2-14-1991 by Ord. No. 5-91]
AGRICULTURAL COMMERCIAL ESTABLISHMENT
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year-round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants or other establishments which coincidentally sell
agricultural products, nor does it include agricultural production
facilities such as a farm itself or facilities which are solely processing
facilities.
AGRICULTURAL EMPLOYEE HOUSING
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.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
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.
[Added 12-12-2002 by Ord. No. 02-68; amended 7-12-2018 by Ord. No. 2018-20]
APPROVAL AGENCY
Any board, body or other authority within the Township with
the authority to approve or disapprove subdivisions, site plans, construction
permits or other applications for development approval.
APPROVAL, FINAL
Any approval to develop issued by a local permitting agency
which represents the final action to be taken on the application for
development by that agency, including but not limited to final approval
of major subdivisions and site plans, approval of minor subdivisions
and the issuance of zoning or construction permits.
APPROVAL, PRELIMINARY
Any approval to develop issued by a local permitting agency
which is a prerequisite to the issuance of a final approval by that
agency, including but not limited to preliminary approvals of major
subdivisions and site plans.
CAMPER
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation or other short-term uses. "Camper"
does not include mobile homes or other dwellings.
CAMPSITE
A place used or suitable for camping on which temporary shelter,
such as a tent or camper, may be placed and occupied on a temporary
and seasonal basis.
CERTIFICATE OF FILING
A certificate issued pursuant to the provisions of N.J.A.C.
7:50-4.34 that a complete application for development has been filed.
COMMISSION
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act, as amended.
CONTIGUOUS LAND
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit, provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
[Amended 1-28-1993 by Ord. No. 93-5]
DENSITY
The average number of dwelling units per gross acre of land.
DEVELOPMENT
The 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:
(1)
A change in type of use of a structure or land.
(2)
A reconstruction, alteration of the size or
material change in the external appearance of a structure or land.
(3)
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.
(4)
The commencement of resource extraction, drilling
or excavation on a parcel of land.
(5)
The demolition of a structure or removal of
trees.
(6)
The commencement of forestry activities.
(7)
The deposit of refuse, solid or liquid waste
or fill on a parcel of land.
(8)
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
or waste material.
(9)
The alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
DEVELOPMENT APPROVAL
Any approval to develop which is granted by an approval agency,
including appeals to the governing body, except for certificates of
occupancy and variances which do not otherwise include issuance of
a construction permit, subdivision or site plan approval.
DEVELOPMENT, MAJOR
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.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff, to minimize
erosion and sedimentation during or after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DWELLING
Any structure or portion thereof which is designed or used
for residential purposes.
DWELLING UNIT
Any room or group of rooms located within a structure forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking, eating and sanitation by
one family.
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:
(1)
Another substation of the utility;
(2)
A substation of or interconnection point with
another interconnecting utility company; or
(3)
A substation of a high-load customer of the
utility.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
FAMILY
One or more persons related by blood, marriage, adoption
or guardianship or any number of persons not so related occupying
a dwelling unit and living as a single housekeeping unit.
FISH AND WILDLIFE MANAGEMENT
The changing of the characteristics and interactions of the
fish and wildlife population and their habitats in order to promote,
protect and enhance the ecological integrity of those populations.
FORESTRY [Amended 3-27-1997 by Ord. No. 97-14]
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood. It includes such
practices as reforestation, site preparation and other silvicultural
practices. For purposes of this chapter, the following activities
shall not be defined as "forestry":
(1)
Removal of trees located on a parcel of land
one acre or less on which a dwelling has been constructed.
(2)
Horticultural activities involving the planting,
cultivating or harvesting of nursery stock or Christmas trees.
(3)
Removal of trees necessitated by the development
of the parcel as otherwise authorized by this chapter.
(4)
Removal of trees necessary for the maintenance
of utility or public rights-of-way.
(5)
Removal or planting of trees for the personal
use of the parcel owner.
(6)
Removal of trees for public safety.
HABITAT
The natural environment of an individual animal or plant
population or community.
HEIGHT, ACCESSORY
The vertical distance of a building measured from the average
grade on all sides to the highest point of any roof. For structures,
the vertical distances measured from grade to its highest point; provided,
however, that no height limitation in this chapter shall apply to
any of the following structures, if structures are compatible with
uses in the immediate vicinity: silos, barns and other agricultural
structures; church spires; cupolas; domes; monuments; water towers;
fire observation towers; electric transmission facilities and supporting
structures; windmills; chimneys; smokestacks; derricks; conveyors;
flagpoles; masts; aerials; solar energy facilities; and similar structures
required to be placed above the roof level and not intended for human
occupancy.
[Amended 7-27-2006 by Ord. No. 2006-38; 2-9-2012 by Ord. No. 2012-06]
HEIGHT, PRINCIPAL
The vertical distance of a building measured from the average
elevation of the finished lot grade at the front of the building to
the highest point of the roof for flat roofs, to the deckline for
mansard roofs and to the mean height of the roof above the highest
habitable area for gable, hip and gambrel roofs. For structures, the
vertical distance measures from grade to its highest point; provided,
however, that no height limitation in this chapter shall apply to
any of the following structures, if such structures are compatible
with uses in the immediate vicinity: silos; barns and other agricultural
structures; church spires; cupolas; domes; monuments; water towers;
fire observation towers; electric transmission facilities and supporting
structures; windmills; chimneys; smokestacks; derricks; conveyors;
flagpoles; masts, aerials; solar energy facilities; and similar structures
required to be placed above the roof level and not intended for human
occupancy.
[Amended 7-27-2006 by Ord. No. 2006-38]
HISTORIC RESOURCE
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.
[Amended 3-27-1997 by Ord. No. 97-14]
HOME OCCUPATIONS
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 two other individuals are employed and
which is clearly secondary to the use of the dwelling as a residence.
HYDROPHYTES
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILY
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 3-27-1997 by Ord. No. 97-14; amended 7-12-2018 by Ord. No. 2018-20]
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through
or penetrate its pores and spaces.
INSTITUTIONAL USE
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities, such as libraries, galleries, museums, concert
halls, theaters and the like; hospitals, including such educational,
clinical, research and convalescent facilities as are integral to
the operation of the hospital; medical and health service facilities,
including nursing homes, supervised residential institutions, rehabilitation
therapy centers and public health facilities; law enforcement facilities;
military facilities; churches; public office buildings; cemeteries;
and other similar facilities.
INTERESTED PERSON OR PARTY
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 action or failure to act under this
chapter.
INTERIM RULES AND REGULATIONS
The regulations adopted by 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 formally codified as N.J.A.C. 7:1G-1.
LAND
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.
LOCAL COMMUNICATIONS FACILITY
An antenna and any support structure, together with any accessory
facilities, which complies with the standards in N.J.A.C. 7:50-5.4
and which is intended to serve a limited, localized audience through
point-to-point communication, including cellular telephone cells,
paging systems and dispatch communications. It does not include radio
or television broadcasting facilities or microwave transmitters.
[Added 3-27-1997 by Ord. No. 97-14]
MEDICAL CANNABIS DISPENSARY
An organization issued a permit by the Cannabis Regulatory
Commission that authorizes the organization to purchase or obtain
medical cannabis and related supplies from medical cannabis cultivators;
purchase or obtain medical cannabis products and related supplies
from medical cannabis manufacturers; purchase or obtain medical cannabis,
medical cannabis products, and related supplies and paraphernalia
from other medical cannabis dispensaries and from clinical registrants;
deliver, transfer, transport, distribute, supply, and sell medical
cannabis and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying
patient, designated caregiver, or institutional caregiver consistent
with the requirements of Subsection i of Section 27 of P.L. 2019,
c. 153 (N.J.S.A. 24: 61-20); and possess, display, deliver, transfer,
transport, distribute, supply, sell, and dispense medical cannabis,
medical cannabis products, paraphernalia, and related supplies to
qualifying patients, designated caregivers, and institutional caregivers.
A medical cannabis dispensary shall not cultivate medical cannabis,
or produce, manufacture, or otherwise create medical cannabis products.
[Added 7-8-2020 by Ord. No. 2020-15]
OFF-SITE COMMERCIAL ADVERTISING SIGN
A sign, other than a sign which advertises an agricultural
commercial establishment, which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
PARCEL
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.
[Amended 3-27-1997 by Ord. No. 97-14]
PERSON
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having joint or common
interest or any other legal entity.
PINELANDS AREA
That area of Lacey Township designated as part of the Pinelands
Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A.
13:18A-1 et seq.), being that portion of the Township lying west of
the Garden State Parkway.
PINELANDS DEVELOPMENT CREDITS
A use right allocated to certain lands within the Township
pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential
density bonus in regional growth areas located in other Pinelands
Area municipalities.
PINELANDS DEVELOPMENT REVIEW BOARD
The agency responsible from February 8, 1979, to 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.
PINELANDS RESOURCE-RELATED USE
Any use which is based on resources which are indigenous
to the pinelands, including but not limited to forest products, berry
agriculture and sand, gravel, clay or ilmenite.
PRESERVATION AREA
The area so designated by Section 10(b) of the Pinelands
Protection Act.
PROTECTION AREA
All land within the Pinelands Area which is not included
in the preservation area.
PUBLIC DEVELOPMENT
Development, including subdivision, by any Township or other
governmental agency.
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities, roads and streets and other
similar services provided or maintained by any public or private entity.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use
of available technology and natural, human and economic resources.
RECORD TREE
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 Commission.
[Added 3-27-1997 by Ord. No. 97-14]
RECREATIONAL FACILITY, INTENSIVE
Any recreational facility which is not a low-intensive recreational
facility, including but not limited to golf courses, marinas, amusement
parks, hotels and motels.
RECREATIONAL FACILITY, LOW-INTENSIVE
A facility or area which complies with the standards of N.J.A.
C. 7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Amended 3-27-1997 by Ord. No. 97-14]
RESOURCE EXTRACTION
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.
SEASONAL HIGH WATER TABLE
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
SIGN
Any object, device, display or structure or part thereof
situated outdoors or indoors which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, symbols, fixtures,
colors, illumination or projected images. Signs do not include the
flag or emblem of any nation, organization of nations, state or city
or any fraternal, religious or civic organizations; merchandise, pictures
or models of products or services incorporated in a window display;
works of art which in no way identify a product; or scoreboards located
on athletic fields.
SOLAR ENERGY FACILITY
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 7-12-2018 by Ord.
No. 2018-20]
SOLID WASTE TRANSFER STATION
A facility at which solid waste is transferred from collection
vehicles to haulage vehicles for transportation to a landfill.
STRUCTURAL ALTERATION
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage or stormwater discharge is distributed to
or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
[Amended 3-27-1997 by Ord. No. 97-14]
WETLANDS
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. "Wetlands" include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Services of the United States Department
of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 6.5.
WETLANDS SOILS
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St.
Johns and Freshwater Marsh and Tidal Marsh soil types.