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Township of Monroe, NJ
Gloucester County
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Table of Contents
Table of Contents
A. 
Any word or term not defined shall be utilized with a meaning of standard usage for the context in which the word is used.
B. 
In the interpretation of this chapter, the following words and their derivations shall have the meanings herein given. Except when the context clearly requires otherwise:
(1) 
Words used or defined in one tense or form shall include other tenses and derivative forms.
(2) 
Words in the singular shall include the plural, and words in the plural shall include the singular.
(3) 
The masculine gender shall include the feminine, and the feminine gender shall include the masculine.
(4) 
The word "shall" is mandatory.
(5) 
The word "may" is permissive.
C. 
In case of any difference of meaning or implication between the text of this chapter and any caption, the text shall control.
As used in this chapter, the following terms shall have the meanings indicated:
AASHTO
The American Association of State Highway and Transportation Officials.
[Added 12-17-1990 by Ord. No. O-29-90]
ACCESSORY BUILDING, STRUCTURE OR USE
[Amended 4-28-1997 by Ord. No. O-27-97; 4-24-2007 by Ord. No. O-11-2007]
A. 
A building, structure or use which is subordinate and incidental to and serves a principal building, a principal structure, or a principal use, including but not limited to the production, harvesting and storage, as well as washing, grading and packaging, of unprocessed produce grown on site.
B. 
A building, structure or use which is subordinate in area, extent and purpose to a principal structure or a principal building or a principal use, including but not limited to cabanas, detached garages, carports, greenhouses, storage sheds, nonportable swimming pools, hot tubs and/or spas, gazebos and pergolas.
C. 
A building, structure or use which contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure, building or use served.
D. 
Any accessory building or structure attached to a principal building shall be considered part of the principal building and shall be required to comply with all required setbacks for principal buildings around the periphery of the lot.
E. 
A construction trailer shall be considered a permitted temporary accessory building or structure when approved pursuant to a development application.
F. 
A storage trailer shall not be permitted as a temporary building or structure.
G. 
A building, structure or use which is located on the same parcel as the principal structure or principal use served.
H. 
A building, structure or use which is otherwise expressly authorized by the provisions of this chapter, N.J.S.A. 70:55D-1 et seq. and/or the Pinelands Comprehensive Management Plan.
ACTIVE ADULT
An individual who is 55 years of age or older.
[Added 4-24-2007 by Ord. No. O-11-2007]
ADMINISTRATIVE OFFICER
The Clerk of the Township, unless a different Township official or officials have been designated by ordinance or statute.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activity, sexual conduct or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
An enclosed building used for presenting films, slides or pictures distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activity, sexual conduct or specified anatomical area for observation by patrons therein.
ADVERSE EFFECT
Conditions or situations, whether existing or proposed, creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a property proposed for development or on adjacent property, including but not limited to improper circulation and drainage rights-of-way; inadequate drainage facilities; insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or to coordinate and compose a convenient system; disruptive environmental impacts; locating lots in a manner not adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
[1]
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 and other establishments which coincidentally sell agricultural products nor does it include agricultural production facilities, such as a farm itself, or nonfacilities which are solely processing facilities.
[Added 10-3-1988 by Ord. No. O-21-88]
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.
[Amended 10-3-1988 by Ord. No. O-21-88]
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
The use of land for the activity of producing for sale or for home use or consumption plants or animals useful to man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the Federal Government.
AGRICULTURAL PRODUCTS PROCESSING FACILITY
A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products.
[Amended 10-3-1988 by Ord. No. O-21-88]
ALTERATION or ADDITIONS
As applied to a building or a structure, a change or rearrangement in the structural parts, in the existing facilities or in the means of egress; or an enlargement, whether by extension of a side or by increasing in height; or the moving from one location or position to another.
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 11-23-2004 by Ord. No. O-55-2004; 9-10-2018 by Ord. No. O:23-2018]
AMENDMENT
A means for making changes in this chapter or to the certified Master Plan herein as expressly authorized.
ANCHOR STORE or MAGNET STORE
A major single-tenant store or stores commonly known as “large-scale retailers” that occupy a minimum building size of 100,000 square feet to a maximum building size of 250,000 square feet.
[Added 8-22-2006 by Ord. No. O-31-2006]
ANIMALS, THREATENED OR ENDANGERED
Those animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
[Amended 5-21-1990 by Ord. No. O-11-90]
APARTMENT
A room or suite of rooms in a multiple dwelling intended to be designed for use as a residence as a single family.
APPLICANT
A developer, landowner or person with an enforceable proprietary interest submitting an application for development.
APPLICATION FOR DEVELOPMENT
A. 
The application form and all accompanying documents required by ordinance for approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
B. 
As applied to the Pinelands Area of Monroe Township, 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 as provided for in § 175-57C.
[Amended 10-3-1988 by Ord. No. O-21-88]
APPROVING AUTHORITY
The Planning Board, Zoning Board of Adjustment or other board, agency or official designated by this chapter and when acting pursuant to the authority of this chapter. Within the Pinelands Area, any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval.
ARTIFICIAL REGENERATION
The establishment of tree cover through direct or supplemental seeding or planting.
[Added 3-27-2012 by Ord. No. O:11-2012]
ASCE
The American Society of Civil Engineers.
[Added 12-17-1990 by Ord. No. O-29-90]
ASSISTED-LIVING FACILITY
A facility, licensed by the New Jersey Department of Health and Senior Services pursuant to N.J.A.C. 8:36-1 et. seq., which is designed and operated to provide apartment-style housing and congregate dining while assuring that a coordinated array of supportive personnel and health services are available, as needed to four or more adult persons unrelated to the proprietor. Each unit in an assisted-living facility shall offer, at minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. For purposes of this chapter, and "assisted-living facility" shall include assisted-living residences and assisted-living programs as defined at N.J.A.C. 8:36-1.3.
[Added 11-24-1998 by Ord. No. O-44-98; amended 4-24-2007 by Ord. No. O-11-2007; 8-26-2008 by Ord. No. O:27-2008]
ASTM
The American Society for Testing and Materials.
[Added 12-17-1990 by Ord. No. O-29-90]
AUTOMOTIVE FUELING STATION
Any establishment servicing motor vehicles with fuel or electrical charging stations, but not including repairs, changing of tires, or any other replacement of essential or accessory parts. Automotive fueling stations may service automobiles with air pumps and by adding oil, windshield washer fluid or similar fluids, but shall not provide any services which require bays or lifts, such as oil changes or lubrication of chassis.
[Added 11-26-2018 by Ord. No. O:34-2018]
AUTOMOTIVE FUELING STATION CONVENIENCE STORE
Any fueling station which has on the same site a retail store offering for sale prepackaged food products and grocery items, hot and cold made-to-order drinks, freshly preprepared foods, including sandwiches, soups and salads, household items, tobacco products, newspapers and magazines, in-store ATM and lottery, and which includes outside facilities for dispensing motor vehicle fuels as well as electrical charging stations for light trucks and passenger vehicles.
[Added 11-26-2018 by Ord. No. O:34-2018]
AUTOMOTIVE SERVICE STATION
Any establishment, whether or not servicing motor vehicle fuel or offering electrical charging stations, serving motor vehicles with vehicles maintenance not requiring extensive or prolonged mechanical work (extensive or prolonged mechanical work shall mean work which requires a vehicle to be on the site for a period of more than 30 days) before completion. Service work offered shall be limited to oil changes; lubrication; tune-ups; minor engine or drive train repairs; installation of tires, batteries and accessories; wheel balancing and alignment; and the replacement of mechanical parts, such as hoses, spark plugs, ignition wiring, brakes, alternators, water pumps and similar parts not requiring extensive repairs. Repair facilities which provide repairs and service to any large trucks or equipment, such as semi-tractors or heavy grading equipment shall not be considered automotive service stations. Repair facilities which provide automotive body of collision repairs shall not be considered automotive service stations.
[Added 7-21-1992 by Ord. No. O-27-92; amended 11-26-2018 by Ord. No. O:34-2018]
BASEMENT
That portion of a building which is partly below and partly above grade, and having at least 1/2 its height above grade. (See "grade," "story" and "cellar.")
BEDDING
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 3-27-2012 by Ord. No. O:11-2012]
BOARD OF ADJUSTMENT
The Board established pursuant to Article VI (N.J.S.A. 40:55D-69) of this chapter and known legally as the "Zoning Board of Adjustment."
BOD
Biochemical oxygen demand.
[Added 12-17-1990 by Ord. No. O-29-90]
BRIM DRAWDOWN TIME
The time it takes for a detention/infiltration facility to drain, beginning from the time of peak storage caused by the water quality storm.
[Added 12-17-1990 by Ord. No. O-29-90]
BROADCAST SCARIFICATION
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 3-27-2012 by Ord. No. O:11-2012]
BUFFER
A strip of land containing natural woodlands, earth mounds and/or planted screening material and separating one kind of land use or one property from another; and which is more specifically defined in § 175-93 of this chapter.
BUILDING
Any structure, either temporary or permanent, which:
A. 
Has a roof.
B. 
Is designed, used or intended to be used for any use or occupancy, including but not limited to the sheltering or protection of persons, animals, chattels or property of any kind.
C. 
Forms, by a combination of materials, a construction adapted to such occupancy.
BUILDING AREA
The area included within surrounding exterior walls (or exterior walls and fire walls), exclusive of vent shafts, courts, cornices, eaves and gutters. Areas of the building not provided with surrounding walls shall be included in the "building area" if included within the horizontal projection of the roof or floor above.
BUILDING COVERAGE
The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundations, and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING, EXISTING
Any building erected prior to the adoption of this chapter or one for which a legal building permit has been issued.
BUILDING HEIGHT
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. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.
[Amended 5-21-1990 by Ord. No. O-11-90]
BUILDING LINE
The line parallel to the street line at a distance therefrom equal to the depth of the required front yard. A building shall not extend beyond this line except as otherwise allowed in this chapter.
BUILDING SITE
The area occupied by a building or structure, including the yards and courts required for light and ventilation and such areas that are prescribed for access to the street.
CABLE TELEVISION COMPANY or CATV COMPANY
A cable television company as defined pursuant to N.J.S.A. 48:5A-3.
[Added 8-12-1997 by Ord. No. O-40-97]
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 trailers.
[Added 10-3-1988 by Ord. No. O-21-88]
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.
[Amended 10-3-1988 by Ord. No. O-21-88]
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CARTWAY
The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is the portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
CELLAR
That portion of a building which is partly or completely below grade and having at least 1/2 its height below grade. (See "grade," "story" and "basement.")
CERTIFICATE OF APPROPRIATENESS
A certificate, applicable to the Pinelands Area of the Township, issued by the Pinelands Commission and as more specifically set forth in § 175-23 of this chapter and the Comprehensive Management Plan (N.J.A.C. 7:50-6.156).
[2]
[Amended 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90]
CERTIFICATE OF FILING
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.
[Amended 10-3-1988 by Ord. No. O-21-88]
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the Construction Code Official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.
CERTIFIED COUNTY MASTER PLAN OR ORDINANCE
Any County Master Plan or ordinance certified by the Pinelands Commission pursuant to the Comprehensive Management Plan (N.J.A.C. 7:50-3.21 through 3.30) as being in conformance with the minimum standards of said plan.
CERTIFIED MUNICIPAL MASTER PLAN OR LAND USE ORDINANCE
Any Municipal Master Plan or land use ordinance certified by the Commission pursuant to the Comprehensive Management Plan (N.J.A.C. 7:50-3.31 through 7:50-3.50) as being in conformance with the minimum standards of said plan.
CHANGE OF USE
An alteration to a heretofore existing building from one type of use group to a new use group which imposes provisions of law governing building construction, equipment or means of egress and which provisions are special to the form of use proposed.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLEARCUTTING
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 3-27-2012 by Ord. No. O:11-2012]
CLUSTER DEVELOPMENT
A development technique based on the dwelling-unit density for the tract which allows the lot sizes for dwellings to be reduced so that individual segments of the tract have higher densities, provided that other portions of the tract are dedicated for public and/or private open spaces so that the gross density limitation of the entire tract is not exceeded.
CMP
The Comprehensive Management Plan for the Pinelands.
COMMENCEMENT OF CONSTRUCTION
Actual construction on a parcel of land in accordance with a permit issued by the applicable approving authority of a form and character such that the work performed is not usable for any other form of development except that authorized by the issued permit.
COMMERCIAL
A. 
COMMUNITY COMMERCIALRetail business and service establishments, including retail shops, personal service establishments, business and professional offices, banks and fiduciary institutions, eating and drinking establishments, hotels and motels, commercial recreation and public assembly halls, funeral homes, commercial parking lots, self-service storage facilities and other similar uses.
[Amended 9-26-2000 by Ord. No. O-29-2000]
B. 
NEIGHBORHOOD COMMERCIALRetail business and personal service establishments which are clearly designed to serve the immediate neighborhood, including retail shops, personal service establishments, luncheonettes and coffee shops, professional offices, banks and fiduciary institutions and the like.
COMMERCIAL FOREST
Any parcel of land five acres or larger used for profit or gain by the cutting of trees for sale as fuel or wood products.
COMMON OPEN SPACE
An open space 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.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
Any community residential facility licensed pursuant to 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 persons with head injuries, 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, 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 (N.J.S.A. 26:2H-1 et seq.).
[Added 8-12-1997 by Ord. No. O-40-97]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility licensed pursuant to 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 hotels. It shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the case of such residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation 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. As used in this chapter, "developmentally disabled person" means a person who is afflicted with a developmental disability as defined in N.J.S.A. 30:11B-2, and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[3] but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
[Amended 4-23-2002 by Ord. No. O-3-2002]
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.
[Added 4-23-2002 by Ord. No. O-3-2002]
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
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 N.J.S.A. 30:14-1 through 30:14-14 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.
COMPLETE APPLICATION
See § 175-37B of this chapter.
[Amended 11-21-1984 by Ord. No. O-26-84]
COMPREHENSIVE MANAGEMENT PLAN
The plan and amendments adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act and to be cited as "N.J.A.C. 7:50 et seq."
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in the specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
[4]
CONGREGATE CARE
A dwelling unit often developed as part of a continuing care retirement community with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other similar support services for residents.
[Added 4-24-2007 by Ord. No. O-11-2007]
CONSTRUCTION
The erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings and structures and site clearing, excavation or grading of land.
[Amended 7-21-1992 by Ord. No. O-27-92]
CONSTRUCTION OPERATION
Any site clearing, excavation, demolition, movement of utilities or other facilities and actual construction of any of the temporary or permanent structures, roadways or improvements and elements related to said structures, roadways or improvements.
[Added 7-21-1992 by Ord. No. O-27-92]
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 2-15-1993 by Ord. No. O-5-93]
CONTINUING CARE
A development regulated in accordance with the rules of the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:19-1.1 et seq. which provides a continuum of accommodations and care, from independent living to assisted living to long-term bed care in a nursing facility, at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year.
[Added 4-24-2007 by Ord. No. O-11-2007; amended 8-26-2008 by Ord. No. O:27-2008]
CONVENTIONAL DEVELOPMENT
That development which takes place as of right in the particular zoning district and which requires subdivision, rather than planned development, review.
COPPICING
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 3-27-2012 by Ord. No. O:11-2012]
COUNTY
The County of Gloucester unless otherwise specified.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of Gloucester 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 and 40:27-4 or their successor statutes.
COUNTY PLANNING BOARD
The County Planning Board, as defined and organized pursuant to N.J.S.A. 40:27-6.1, of the county in which the land or development is located. Said Board is responsible for county planning.
CRAFT ALCOHOLIC BEVERAGE ESTABLISHMENT
An establishment that holds a limited brewery license or craft distillery license pursuant to N.J.S.A. 33:1-10.
[Added 10-26-2015 by Ord. No. O:35-2015]
DATE OF SUBMISSION OF AN APPLICATION FOR DEVELOPMENT
The date of filing offered by the Board Secretary.
DAY
For purposes of computing time limits, refers to a calendar day.
DENSITY
The average number of housing units per unit of land.
[5]
[Added 11-21-1984 by Ord. No. O-26-84; amended 10-3-1988 by Ord. No. O-21-88]
DENSITY, NET
The total number of dwelling units in a proposed development divided by the total number of acres of the specific development tract, exclusive of nonresidential uses but including streets and parking areas serving the units.
DETENTION BASIN
A surface stormwater control basin designed to impound runoff and release it at a reduced rate through an outlet control structure.
[Added 12-17-1990 by Ord. No. O-29-90]
DETENTION FACILITY
Any stormwater control facility, surface or subsurface, designed to impound runoff and release it at a reduced rate through an outlet control structure.
[Added 12-17-1990 by Ord. No. O-29-90]
DETENTION/INFILTRATION FACILITY
Any stormwater control facility; detention, infiltration or partial detention.
[Added 12-17-1990 by Ord. No. O-29-90]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
A. 
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
B. 
Within the Pinelands Area of the Township, there shall be included the following additional standards:
C. 
The change of or enlargement of any use or disturbance of any land.
D. 
The performance of any building or mining operation.
E. 
The division of land into two or more parcels.
F. 
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) 
Commencement of resource extraction, drilling or excavation on a parcel of land.
(5) 
Demolition of a structure or removal of trees.
(6) 
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(7) 
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
(8) 
Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
(9) 
Commencement of forest activities.
[Added 10-3-1988 by Ord. No. O-21-88]
DEVELOPMENTALLY DISABLED PERSON
A person who is developmentally disabled as defined in N.J.S.A. 30:11B-2.
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 or subdivision or site plan approval.
[Amended 5-21-1990 by Ord. No. O-11-90]
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.
DEVELOPMENT, MINOR
All development other than major development.
DEVELOPMENT, PUBLIC
Any development by a public agency.
DEVELOPMENT REGULATION
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation for the use and development of land, or amendment thereto adopted and filed.
DISKING
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 3-27-2012 by Ord. No. O:11-2012]
DISTRICT
A portion of the territory of the Township within which certain regulations and requirements or various combinations thereof apply.
DIVISION
The Division of State and Regional Planning in the Department of Community Affairs.
DPCC
Discharge pollutant contamination control.
[Added 12-17-1990 by Ord. No. O-29-90]
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 and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRUM CHOPPING
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 3-27-2012 by Ord. No. O:11-2012]
DRY DETENTION BASIN
A detention basin designed to entirely drain.
[Added 12-17-1990 by Ord. No. O-29-90]
DWELLING
Any structure or portion thereof which is designed or used for residential purposes.
[Added 5-21-1990 by Ord. No. O-11-90]
DWELLING UNIT or DWELLING
One or more rooms located within a structure forming a single habitable unit, used or intended to be used for living purposes by one or more persons living together and maintaining a common household, having separate cooking and sanitary facilities and accessible from the outdoors, either directly or through an entrance hall shared with other dwelling units. Not included are mobile homes, hotels, motels, lodging houses, boardinghouses or tourist homes.
[Amended 5-21-1990 by Ord. No. O-11-90]
A. 
SINGLE-FAMILY DETACHED DWELLING UNITA building on a lot designed and occupied exclusively as a residence for one family or household, which has yard or open areas on all sides, having no common walls with any other building.
B. 
TWIN OR TWO-FAMILY DWELLING UNITA building on a lot designed and occupied exclusively as a residence for two families or households which has a common wall separating two units each of which has a full complement of utilities and facilities for use as a dwelling and separate means of ingress and egress.
C. 
DUPLEXA detached building where the family dwelling units are separated by a horizontal floor unpierced except for access to the outside or to a common basement or cellar.
D. 
SEMIDETACHEDA building separated into two dwelling units by a vertical party wall unpierced except for access to the outside or to a common basement or cellar.
E. 
SINGLE-FAMILY ATTACHED DWELLING UNIT (TOWNHOUSE; ROWHOUSE)A dwelling unit which is one of a group of three or more attached dwelling units separated by vertical party walls, each having separate front and rear or front and side entrances from the outside and a full compliment of utilities and facilities for use as a dwelling unit.
F. 
MULTIFAMILY DWELLING UNIT/APARTMENTA suite of rooms designed for or occupied by one family or household and situated in a building containing three or more such suites of rooms. Such units may share some facilities, utilities or services such as entrance halls, electric or water connections, basement areas, heating plant or refuse disposal facilities.
ELECTRIC DISTRIBUTION LINES
All electric lines other than electric transmission lines.
[Added 10-3-1988 by Ord. No. O-21-88]
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:
A. 
Another substation of the utility company.
B. 
A substation of or interconnection point with another interconnecting utility company.
C. 
A substation of a high-load customer of the utility.
[Amended 10-3-1988 by Ord. No. O-21-88]
ENLARGEMENT
An addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in the portion of a tract of land occupied by an existing use.
ENVIRONMENTAL COMMISSION
A Township advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXECUTIVE DIRECTOR
The chief administrative officer of the Pinelands Commission or any representative designated by such chief administrative officer to perform any functions delegated to such chief administrative officer pursuant to any provision of the plan.
FAMILY
Any number of persons, related or not, occupying a dwelling unit and living and cooking together as a single housekeeping unit.
[Amended 5-21-1990 by Ord. No. O-11-90]
FAMILY, IMMEDIATE
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 10-3-1988 by Ord. No. O-21-88; 5-21-1990 by Ord. No. O-11-90; 4-28-1997 by Ord. No. O-27-97; 9-10-2018 by Ord. No. O:23-2018]
FARM, ACCESSORY USES
Buildings incidental to farms, such as greenhouses; buildings for housing seasonal workers for the farm's own use; barns, packing, grading and storage buildings; buildings for keeping poultry and permitted livestock; and garages for the keeping of equipment and trucks used in farm operations.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and is necessary to the operation of a farm as defined by this chapter.
FARM, PRINCIPAL USES
A tract of contiguous property of at least five acres used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce.
FINAL APPROVAL
The official action of the approving 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 guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FISH AND WILDLIFE MANAGEMENT
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.
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The floodway and relative flat areas adjoining the floodway which has been or may be hereafter covered by floodwater and which area, the improper development and general use of which would constitute a threat to the public's safety, health and general welfare. The "flood hazard area" shall constitute the total area inundated by the flood hazard design flood.
FLOODPLAIN
The general flat terrain subject to periodic flooding adjacent to streams, ponds, lakes or swamps.
FLOODWAY
The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls, or from the center line of a wall separating two buildings.
FLOOR AREA, GROSS
The floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
[6]
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
[Added 11-21-1984 by Ord. No. O-26-84]
FORESTRY
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 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97; 3-27-2012 by Ord. No. O:11-2012]
A. 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
B. 
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
C. 
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
D. 
Removal of trees necessary for the maintenance of utility or public rights-of-way;
E. 
Removal or planting of trees for the personal use of the parcel owner; and
F. 
Removal of trees for public safety.
FORESTRY MANAGEMENT PLAN
As set forth in the Comprehensive Management Plan [N.J.A.C. 7:50-4.2(b)6ii] and § 175-107 of this chapter.
[Amended 10-3-1988 by Ord. No. O-21-88]
FOREST STAND
A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 3-27-2012 by Ord. No. O:11-2012]
GARAGE, PRIVATE
A building for housing motor vehicles with no provision for repairing or servicing such vehicles for profit.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories, or in which any such vehicles are kept for hire.
[7]
GARDEN CENTER
An establishment for retail sales of live plant material, fertilizers, pesticides, landscape materials, plant containers, seasonal sales of flowers, produce and holiday items, including Christmas trees, both live and artificial, lawn ornaments, garden furniture and similar material.
[Added 8-22-2006 by Ord. No. O-31-2006]
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development pursuant to N.J.S.A. 40:55D-45.2.
[Added 10-28-2008 by Ord. No. O:39-2008; amended 4-14-2009 by Ord. No. O:05-2009]
GOVERNING BODY
The Township Council.
GRADE
A. 
For buildings adjoining one street only, the elevation of the established curb at the center of the wall adjoining the street.
B. 
For buildings adjoining more than one street, the average of the elevations of the established curbs at the center of all walls adjoining streets.
C. 
For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. All walls approximately parallel to and not more than 15 feet from a street line are to be considered as adjoining a street.
GROUP SELECTION
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 3-27-2012 by Ord. No. O:11-2012]
HABITAT
The natural environment of an individual animal or plant, population or community.
[8]
HISTORIC DISTRICT
An area designated by the Pinelands Commission, pursuant to the Comprehensive Management Code (N.J.A.C. 7:50-6.143), as having such historic, cultural or archaeological importance as to merit special protection.
[Amended 10-3-1988 by Ord. No. O-21-88]
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 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
HISTORIC SITE
Any building, structure, area or property that is important in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to § 175-110 of this chapter.
[Amended 10-3-1988 by Ord. No. O-21-88]
HOME OCCUPATION
As defined in § 175-111, of this chapter.
HOME PROFESSIONAL OFFICE
As defined in § 175-112 of this chapter.
HYDROPHYTE
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERMEABLE SURFACE
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.
[Amended 3-27-2012 by Ord. No. O:11-2012]
IMPERVIOUS SURFACE
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.
[Added 3-27-2012 by Ord. No. O:11-2012]
INDEPENDENT LIVING
A living arrangement that maximizes independence and self-determination, especially of disabled persons living in a community instead of in a medical facility.
[Added 4-24-2007 by Ord. No. O-11-2007]
INDEPENDENT MEDICAL AND SPECIALTY CARE
Facilities and uses that include adult day care, hospice care, long-term care and respite care.
[Added 4-24-2007 by Ord. No. O-11-2007]
INDIVIDUAL SELECTION
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 3-27-2012 by Ord. No. O:11-2012]
INDUSTRIAL
A. 
LIGHT INDUSTRIAL USEManufacturing plants of a type which carry on processes within completely enclosed buildings; wholesale distribution centers for wholesale sales, storage and distribution, including facilities for bulk storage; enclosed service and repair facilities; equipment sales and service; business offices and office buildings; industrial plants not involving the synthesis of chemical products for direct industrial sale; research laboratories; and other light industrial uses of the same general character.
B. 
GENERAL INDUSTRIAL USESIncludes all light industrial uses.
INFILTRATION BASIN
A surface stormwater control basin designed to impound runoff and recharge it into the groundwater.
[Added 12-17-1990 by Ord. No. O-29-90]
INFILTRATION FACILITY
Any stormwater control facility, surface or subsurface, designed to impound runoff and recharge it into the groundwater.
[Added 12-17-1990 by Ord. No. O-29-90]
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; 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. For purposes of this chapter, "institutional use" shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted-living facilities.
[Amended 10-3-1988 by Ord. No. O-21-88; 8-14-2001 by Ord. No. O-22-2001]
INTERESTED PARTY OR PERSON
A. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. 
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
INTERIM RULES AND REGULATIONS
The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
[Added 10-3-1988 by Ord. No. O-21-88]
INTERIOR LOT LINE
Any lot line other than one adjoining a street or public space.
INTERMITTENT STREAM
A natural stream that does not have a continual flow.
[Added 12-17-1990 by Ord. No. O-29-90]
JUNKYARD
Any lot of land within the Township of Monroe on which junk is placed, collected, stored or kept.
JUNKYARD, APPROVED CHARITABLE OR NONPROFIT DROPOFF DEPOSITORIES AND/OR RECYCLING CENTER
Any state or federally approved tax-exempt charitable or nonprofit organization may establish dropoff depositories for the purpose of collecting clothes or other similar items or for collecting materials to be used in recycling. The location of such depositories shall be reviewed by the Planning Board after application is made in a form approved by said Board.
JUNKYARD, MOTOR VEHICLE
Any business or any place of storage or deposit on property in the Township of Monroe of two or more unregistered motor vehicles or two or more automobiles which, in the opinion of the Director of Public Safety, Construction Subcode Official or Zoning Officer, are unfit for reconditioning for use for highway transportation, or used parts of motor vehicles or material which has been a part of a motor vehicle, the sum of which parts or materials shall, in the opinion of Director of Public Safety, Construction Subcode Official or Zoning Officer, be equal in bulk to two or more motor vehicles.
JUNKYARD OR SALVAGE YARD
Any area/or structure used or intended to be used for conducting and operating the business of selling, buying, storing or trading-in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. This definition is specifically restricted by the Township Junkyard Ordinance.
JUNKYARD, USED BUILDING MATERIAL
Any person, firm or corporation who purchases, obtains or sells any used lumber or any other type of used materials.
JUNKYARD, USED RAGS, GLASS, PAPER AND SCRAP METAL
Any person, firm or corporation who purchases, obtains or sells any old discarded or unused waste iron or other metal or substance, glass, paper and rags.
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.
LANDFILL
Sites, including open dumps, where solid waste, liquid and dry sewage sludge and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered "landfills."
LANDSCAPING
The installation of plant material or seed as a part of a development.
LAND USE ORDINANCES or LAND USE REGULATION
Any county or municipal ordinance or regulation which, in any way, regulates or affects the development of land.
LEACHATE COLLECTOR
The meaning attributed to the phrase by, and each such "leachate collector" shall conform to the requirements of, the New Jersey Solid Waste Administration.
LOCAL COLLECTOR
As defined in § 175-144A(9)(f) of this chapter. The following Township named roads are classified as "local collectors" for the purposes of this chapter: Ames Road, Arch Street, Blue Bell Road (the Township portion only), Corkery Lane (between the Black Horse Pike and Malaga Road and between White Hall Road and Malaga Road), East Lake Avenue, Flexon Avenue, Franklinville-Williamstown Road, Herbert Boulevard/Lake Avenue, Jackson Road, Janvier Road (between Ames Road and the Franklin Township border), Malaga-Dutch Mill Road, Morgan Road, New Street, Piney Hollow-Winslow Road, Prosser Avenue, Radix Road, Rown Avenue, Sunset Avenue, West Lake Avenue, Whitehall Road and Williamstown-Winslow Road.
[Added 7-21-1992 by Ord. No. O-27-92]
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 4-28-1997 by Ord. No. O-27-97]
LOCAL PERMITTING OR APPROVING AGENCY
Any county or municipal official, department, agency or other body authorized to rule on any application for development.
LOCAL STREET
The same definition as contained in § 175-144A(9)(h). All Township roads not listed within the definitions for "local collector" and "local subcollector," as well as those roads not classified as Gloucester County Routes, New Jersey State Routes and United States Routes, are classified as "local streets" for the purposes of this chapter.
[Added 7-21-1992 by Ord. No. O-27-92]
LOCAL SUBCOLLECTOR
The same definition as contained in § 175-144A(9)(g). The following Township roads are classified as "local subcollectors" for the purposes of this chapter: Andrews Road, Broad Lane, Broadlane Road, Green Avenue, Huber Avenue, Lakeside Drive, North Shore Drive, Sharp's Road, Stanger Avenue and South Shore Drive.
[Added 7-21-1992 by Ord. No. O-27-92]
LOCAL UTILITY
Any sewerage authority created pursuant to the Sewerage Authorities Law (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant to the Municipal and County Utilities Authorities Law (N.J.S.A. 40:14B-1 et seq.); or any utility, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
[Added 8-12-1997 by Ord. No. O-40-97]
LONG-TERM CARE AND/OR NURSING HOME
An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to sick invalid, infirm, disabled or convalescent persons in addition to lodging and boarding or health-related service, or any combination of the foregoing. Long-term care facility shall include the terms skilled nursing facility and intermediate care facility.
[Added 4-24-2007 by Ord. No. O-11-2007; amended 8-26-2008 by Ord. No. O:27-2008]
LOT
Any parcel, tract or area of land separated from other parcels or portions and established by a lawful subdivision, plat, deed or record, survey map, metes and bounds description or otherwise as permitted by law and to be used, developed or built upon as a unit.
A. 
CORNER LOTA lot with at least two adjacent sides abutting upon intersecting streets or other public spaces.
B. 
INTERIOR LOTA lot which faces on one street or with opposite sides on two streets and any other lot which is not a corner lot.
LOT AREA
The area contained within lot lines but not including any portion of a street. The minimum "lot area" of a lot fronting on a street proposed to be widened in accordance with the Township Official Map, when adopted, shall be the minimum area required for the district in which it is located, plus the additional area needed to anticipate the ultimate widening of the street. Minimum lot area shall not include utility easements or any required buffers or open space.
[Amended 7-21-1992 by Ord. No. O-27-92]
LOT COVERAGE
The area of a lot covered by buildings, structures, paved surfaces and compacted stone. Paved surfaces include, but are not limited to, sidewalks, patios and decks, whether constructed of blacktop, compacted stone, flagstone, brick, concrete, wood or similar material, but excluding the water surface of any swimming pool. For purposes of this chapter, the water surface area of any swimming pool shall not be counted as lot coverage.
[Amended 5-24-2021 by Ord. No. O:11-2021]
LOT DEPTH
The shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.
LOT FRONTAGE
A lot line or portion thereof which is coexistent with a single street line. In the case of a street of undefined width, said lot line shall be assumed to parallel the center line of the street at a distance 25 feet therefrom. In the case of corner lots, the smaller of the two or more lot lines coexistent with street lines shall be considered as the frontage.
LOT LINE
A line dividing one lot from another or from a street or any public space.
LOT WIDTH
The distance between the side lot lines measured at the minimum required building setback from the street line.
LOW-INCOME HOUSEHOLD
A household with an annual income of less than 80% of the median income for Gloucester County or for the Standard Metropolitan Statistical Area.
MAINTENANCE BOND
Any security acceptable to the Township Council to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and in accordance with this chapter.
MAINTENANCE GUARANTY
Any security which may be accepted by the Township for the maintenance of any improvements required by this chapter as set forth in Article XI of this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash. The Township shall not require that the "maintenance guaranty" required pursuant to this chapter be in cash. The developer may, however, provide at his option some or all of the "maintenance guaranty" in cash.
[Amended 7-21-1992 by Ord. No. O-27-92]
MAJOR SUBDIVISION
See definition of "subdivision, major."
MANUFACTURED HOME
A unit of housing which:
A. 
Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site.
B. 
Is built on a permanent chassis.
C. 
Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation.
D. 
Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Pub. L. 93-383 (42 USC 54 01 et seq.), and the standards promulgated for a manufactured or mobile home by the Commissioner pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
MANUFACTURING
The processing and converting of raw, unfinished or finished materials or products, or any of these, into an article or substance of different character, or for use for a different character, or for use for a different purpose; also industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MASSAGE PARLOR
Any establishment, public or private, where physical contact is provided resulting in any specified sexual activity or sexual conduct.
MASTER PLAN, TOWNSHIP
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to § 175-13 of this chapter (N.J.S.A. 40:55D-28).
MAYOR
The chief executive of the Township.
MEDIAN INCOME
The median of household income as determined from time to time by the United States Department of Housing and Urban Development to be the median.
MENTALLY ILL PERSON
A person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[9] but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
MIDDLE-INCOME HOUSEHOLD
A household with an annual income between 100% and 120% of the median income for Gloucester County or the Standard Metropolitan Statistical Area.
MINOR SITE PLAN
A development plan of one or more lots which does not propose the new construction of or any addition to a structure or building which will result in the building coverage of a property involved to be in excess of 5,000 square feet; or does not require disturbance of more than 10,000 square feet of land area; or does not involve planned development; or does not include a new street or extension of any off-tract improvements which is to be prorated pursuant to § 175-124 of this chapter; and contains the information reasonably required in order to make an informed determination whether the requirements established by this chapter for the approval of a minor site plan have been met.
[10]
MINOR SUBDIVISION
See definition of "subdivision, minor."
MOBILE HOME
A dwelling unit manufactured in one or more sections, designed for long-term occupancy and which contains plumbing and electrical connections for attachment to outside systems; and is designed for transportation after fabrication on streets or highways on its own wheels and, upon delivery to the site, is ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary foundations, connections to utilities and the like.
[Amended 10-3-1988 by Ord. No. O-21-88]
MOBILE HOME PARK
A parcel or tract of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling purposes.
MODERATE-INCOME HOUSEHOLD
A household with an annual income which is 80% to 100% of the median income for Gloucester County or the Standard Metropolitan Statistical Area.
MUNICIPAL AGENCY
The Township Planning Board or Zoning Board of Adjustment, or the Township Council when acting pursuant to this Act, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
MUNICIPALITY
The Township of Monroe, County of Gloucester, and State of New Jersey.
NATURAL REGENERATION
The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Added 3-27-2012 by Ord. No. O:11-2012]
NAVIGABLE WATER
Water capable of being traversed by pleasure craft.
NJPDES
New Jersey Pollutant Discharge Elimination System.
[Added 12-17-1990 by Ord. No. O-29-90]
NONCONFORMING BUILDING
A building legally existing at the effective date of this chapter which does not conform to the regulations of this chapter applicable to the district in which the building is located.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Gloucester County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-SITE COMMERCIAL ADVERTISING SIGN
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water which may be improved only for recreational purposes and set aside, dedicated, designated or reserved for the enjoyment and use of the residents of a development, in the case of ownership by a homeowners' association, or the public generally, in the case of ownership by a public body. "Open area" refers to the total portion of a site not covered by a building or paving.
[Amended 5-21-1989 by Ord. No. O-11-90; 7-21-1992 by Ord. No. O-27-92]
A. 
COMMON OPEN SPACEThe undeveloped portion of a development or project that is held in common ownership by a homeowners' association, condominium association or other similar group.
B. 
PRIVATE OPEN SPACEThe undeveloped portion of a development or project that is included in platted lots but is deed-restricted to prohibit development within this "private open space."
C. 
PUBLIC OPEN SPACEThe open space area conveyed or dedicated to either the Township, a Township agency, the Township Board of Education, a New Jersey State Agency, a County of Gloucester agency or any other public body for recreational or conservational uses.
OUTLET CONTROL STRUCTURE
A device designed to release impounded runoff from a detention/infiltration facility, usually by means of an orifice or weir.
[Added 12-17-1990 by Ord. No. O-29-90]
OWNER
Any individual, firm, association, syndicate, copartnership, corporation or trust having sufficient proprietary interest in the land to be developed in order to commence and maintain proceedings to subdivide the same under this chapter.
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 4-28-1997 by Ord. No. O-27-97]
PARKING LOT, COMMERCIAL
Any lot or area other than a street which is devoted to the parking of automobiles, available for public use whether in return for a fee or as an accommodation for clients or customers, and which is not directly operated by and on behalf of the use permitted in the zone in which located.
PARKING SPACE
An open space or garage on a lot used for parking motor vehicles to which there is access from a street.
PARKING STRUCTURE, OPEN
A structure for the parking of passenger cars wherein two or more sides of such structure are not less than 50% open on each floor or level for 50% of the distance from the floor to the ceiling and wherein provision for the repairing of such vehicles is not made. Such "open parking structures" shall not be classified as public garages, but shall comply with the requirements of Township ordinances.
PARTIAL DETENTION FACILITY
Any stormwater control facility, surface or subsurface, designed to impound runoff and both recharge it into the groundwater and release it at a reduced rate through an outlet control structure.
[Added 12-17-1990 by Ord. No. O-29-90]
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under § 175-40 of this chapter (N.J.S.A. 40:55D-12).
PARTY WALL
A fire wall on an interior lot line used or adapted for joint service between two buildings.
[11]
PERFORMANCE GUARANTY
Any security which may be accepted by the Township pursuant to this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash. The Township shall not require that more than 10% of the "performance guaranty" required pursuant to this chapter be in cash. The developer may, however, provide at his option more than 10% of the "performance guaranty" in cash.
[Amended 3-20-1985 by Ord. No. O-6-85; 7-21-1992 by Ord. No. O-27-92]
PERMEABILITY
The rate at which water moves through a unit area of soil, rock or other material at hydraulic gradient of one.
[Added 3-27-2012 by Ord. No. O:11-2012]
PERMIT
An official document or certificate issued by the authority having jurisdiction and authorizing performance of a specified activity.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PERSON
An individual, corporation, public agency, business trust, partnership, copartnership, association, two or more persons having a joint or common interest or any other legal entity.
PERSON WITH HEAD INJURY
A person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
[Added 8-12-1997 by Ord. No. O-40-97]
PINELANDS
The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA
That area designated as such by Section 10a of the Pinelands Protection Act.
[12]
PINELANDS COMMISSION
The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.[13],
[14]
PINELANDS DEVELOPMENT CREDIT
A use right allocated to certain lands within the Township and the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in regional growth areas within the Township and the Pinelands Area.
[Amended 10-3-1988 by Ord. No. O-21-88]
PINELANDS DEVELOPMENT REVIEW BOARD
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.
[Added 10-3-1988 by Ord. No. O-21-88]
PINELANDS NATIONAL RESERVE
That area designated as such by Section 3i of the Pinelands Protection Act.
[15]
PINELANDS NATIVE FOREST TYPE
See N.J.A.C. 7:50-6.43.
[Added 3-27-2012 by Ord. No. O:11-2012]
PINELANDS PROTECTION ACT
N.J.S.A. 13:18A-1 to 13:18A-29, as amended.
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.
[Amended 10-3-1988 by Ord. No. O-21-88]
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential development and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT --An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development. PLANNING BOARD
The Township Planning Board established by § 175-15 of this chapter (N.J.S.A. 40:55D-23).
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
[Amended 10-3-1988 by Ord. No. O-21-88]
PLAT
One or more maps of a subdivision or a site plan which shows the location, boundaries and ownership of individual properties (CMP).
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the approving board and the applicant and after the applicant has proceeded in accordance with §§ 175-59A, 175-61A and 175-83 of this chapter.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRESERVATION AREA
That area so designated by Section 10b of the Pinelands Protection Act.
[16]
PRIME AGRICULTURAL LANDS
Those soils designated in the Gloucester County Soil Survey as agricultural capability Classes I and II.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL USE
The main purpose for which a lot or building is used.
PROJECT
The specific section of roadway or other public or private improvement or development, together with all related appurtenances and construction.
[Added 7-21-1992 by Ord. No. O-27-92]
PROTECTION AREA
All land within the Pinelands Area which is not included in the Preservation Area.
PUBLIC AGENCIES
The government of the United States of America; the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; any interstate and regional agencies exercising sovereign powers of government.
PUBLIC AREAS
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT
The development or subdivision of land by the Township Council, School Board or any other officially created municipal agency or authority.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the Township, a Township agency, Board of Education, state or county agency or other public body for recreational or conservational or other public uses.
[17]
PUBLIC SERVICE INFRASTRUCTURE
Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.
[Added 10-3-1988 by Ord. No. O-21-88]
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 43:2-13.
[Added 8-12-1997 by Ord. No. O-40-97]
QUORUM
The majority of the full authorized membership of a Township agency.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use of available technology, 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 4-28-1997 by Ord. No. O-27-97]
RECREATIONAL FACILITY, INTENSIVE
In the Pinelands Area of the Township, any recreational facility which does not satisfy the definition of low-intensive recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.
[Amended 10-3-1988 by Ord. No. O-21-88]
RECREATIONAL FACILITY, LOW-INTENSIVE
In the Pinelands Area of the Township, 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 may include such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
[Amended 4-28-1997 by Ord. No. O-27-97]
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESOURCE CONSERVATION PLAN
A plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
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.
RESOURCE MANAGEMENT SYSTEM PLAN
A plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point-source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.
[Added 3-27-2012 by Ord. No. O:11-2012]
RESUBDIVISION
A. 
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
B. 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
REVERSE FRONTAGE
Access to lots fronting on a major road from an accessory street, rather than a collector street.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse, utility alignment or other way and within which all improvements and right of access are confined.
ROOF
The roof slab or deck with its supporting members, not including vertical supports.
ROOF STRUCTURE
An enclosed structure on or above the roof of any part of a building.
ROOT RAKING
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 3-27-2012 by Ord. No. O:11-2012]
SCS
Soil Conservation Service/District.
[Added 12-17-1990 by Ord. No. O-29-90]
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
[Amended 10-3-1988 by Ord. No. O-21-88]
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEED TREE CUT
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 3-27-2012 by Ord. No. O:11-2012]
SELF-STORAGE FACILITIES
A structure containing separate storage spaces of varying sizes leased or rented as individual storage units.
[Added 9-26-2000 by Ord. No. O-29-2000]
SETBACK
The distance between the street line and the building line.
SETBACK LINE
The line that is established a minimum horizontal distance from the lot line and beyond which the building or part of a building is not permitted to extend toward the lot lines. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on any adopted State, County or Township Master Plan or Official Map, when adopted. This line shall be located at the building line.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SHELTERWOOD CUT
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 3-27-2012 by Ord. No. O:11-2012]
SIGHT TRIANGLE EASEMENT AT INTERSECTION AND/OR DRIVEWAY
A triangular-shaped area established in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow more than three feet above the center-line grade of either street and/or driveway.
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 organization; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.
SIGN, AREA OF
The area included within the frame or edge of the sign, including all lettering, wording, coloring and accompanying designs and symbols, together with the background where open or closed. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. The supporting framework and bracketing incidental to the display shall not be included.
SITE CLEARING
The clearing of the land, removal of bridges, culverts and other structures, removal of pipes, inlets and manholes, removal of sidewalks, driveways, curbs and gutters, demolition of buildings and the removal of trees, tree stumps, shrubs, vegetation and roots.
[Added 7-21-1992 by Ord. No. O-27-92]
SITE COVERAGE
The percentage of the gross site area covered by roads, paving, structures or other impervious coverage.
SITE PLAN
A development plan of one or more lots on which is shown:
[18]
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter as to a site plan.
SPECIFIED ANATOMICAL AREA
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or
B. 
Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Any act of human masturbation, sexual intercourse or sodomy; or
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.[19]
STANDARDS OF PERFORMANCE
A. 
Standards adopted by ordinance (N.J.S.A. 40:55D-65D) regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township; or
B. 
Required by applicable federal or state laws or other Township ordinances.[20]
STORY
That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.
STORY, FIRST
The lowermost story entirely above the grade plane.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
A. 
Which is an existing state, county or Township roadway;
B. 
Which is shown upon a plat heretofore approved pursuant to law;
C. 
Which is approved by official action as provided by this Act; or
D. 
Which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of the Planning Board and the grant to such Board of the power to review plats; and to which includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE
The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, when adopted, forming the dividing line between the street and a lot. In the case of a street of undefined width, said "street line" shall be assumed to parallel the center line of the street at a minimum distance of 25 feet therefrom.
STREET LOT LINE
The lot line dividing a lot from a street or other public space.
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.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land.
SUBDIVIDER
Any individual, firm, association, syndicate, partnership, copartnership, corporation, trust or any legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another with the written consent of the owner.
SUBDIVISION [21]
A. 
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" within the meaning of this chapter if no new streets are created and, in the Pinelands area, if no new development occurs or is proposed in connection therewith:
[Amended 5-21-1990 by Ord. No. O-11-90]
(1) 
Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
Divisions of property by testamentary or intestate provisions.
(3) 
Divisions of property upon court order, including but not limited to judgments of foreclosure.
(4) 
Consolidation of existing lots by deed or other recorded instrument.
(5) 
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the Township.
B. 
The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR
Any subdivision of land not classified as a minor subdivision.
[22]
SUBDIVISION, MINOR
A subdivision of land for the creation of an aggregate of not more than four lots (three new lots plus the remaining lot), provided that such subdivision does not involve a planned development, any new streets or the extension of any off-tract improvements, the cost of which is to be prorated pursuant to § 175-124 of this chapter (N.J.S.A. 40:55D-42); and not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by any Board within the past five years and where the combination of the proposed and approved minor subdivisions constitute a major subdivision. Any readjustment of lot lines resulting in no new lots shall be classified as a "minor subdivision."
[23]
SUBMERGED LANDS
Those lands which are inundated with water throughout the year.
SUBSTANTIAL COMPLETION
The point at which all required street improvements (except landscaping, final roadway top surface course, final cleanup and repair or replacement of unacceptable work performed) and appurtenant utility improvements and the connection of the same to the public system have been completed, and provided that the Township has determined, in its sole discretion, that the work done is safe and convenient for use by the public and that the failure to immediately complete the remaining work, improvements or repairs excepted above will not result in the deterioration of other completed work.
[Added 6-20-1988 by Ord. No. O-15-88; amended 7-21-1992 by Ord. No. O-27-92]
SUBSURFACE INFILTRATION FACILITY
An underground stormwater control facility designed to impound runoff and recharge it into the groundwater.
[Added 12-17-1990 by Ord. No. O-29-90]
SWIMMING POOL
A structure artificially constructed in the ground, not fully within a building, which provides recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes.
THINNING
A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 3-27-2012 by Ord. No. O:11-2012]
TR
Technical release.
[Added 12-17-1990 by Ord. No. O-29-90]
TRACT
An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or a reproduction thereof.
USE
The purpose for which the building, structure or site is designed, used or intended to be used.
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 10-3-1988 by Ord. No. O-21-88; 4-28-1997 by Ord. No. O-27-97]
VARIANCE
Permission to depart from the literal requirements of this chapter and based upon the standards of this chapter.
VEGETATION
Any plant material, including grasses, shrubs and trees.
WALL
A structural member which also serves to separate space.
WATERCOURSE
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, public or private, which are contained within, flow through or border the municipality or any portion thereof.
[Added 12-17-1990 by Ord. No. O-29-90]
WET DETENTION BASIN
A detention basin designed to maintain a permanent pool of water below the elevation of the lowest stage of the control structure.
[Added 12-17-1990 by Ord. No. O-29-90]
WETLANDS
Those areas where the substrate is inundated or saturated by surface water or groundwater at a frequency, magnitude and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions known as "hydrophytes." "Wetlands" include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Monroe Township does not have any area of coastal wetlands classification, but does possess inland wetlands, including submerged lands as defined in N.J.A.C. 7:50-6.3 through 7:50-6.5, of the New Jersey Pinelands Comprehensive Management Plan.
[Amended 10-3-1988 by Ord. No. O-21-88]
WETLANDS MANAGEMENT
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 3-27-2012 by Ord. No. O:11-2012]
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.
[Added 5-21-1990 by Ord. No. O-11-90]
WIRELESS TELECOMMUNICATIONS FACILITIES
Those antennas or towers providing personal wireless services as defined in the Federal Telecommunications Act of 1996, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
[Added 8-14-2001 by Ord. No. O-21-2001]
WORK
The furnishing of all labor, services, materials, equipment, tools, transportation, supplies and other incidentals necessary or convenient to the successful completion of construction.
[Added 7-21-1992 by Ord. No. O-27-92]
YARD
An unoccupied, unobstructed open space other than a court and adjacent to a building and extending to property lines. Porches and bay windows shall be considered a part of the building. Overhanging eaves, gutters and cornices of two feet or less shall not be considered an infringement of the requirements.
[Amended 5-21-1990 by Ord. No. O-11-90]
YARD, FRONT
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot situated between the street line and the building line projected on the side lines of that lot, exclusive of overhanging eaves, gutters, cornices and steps.
YARD, GENERAL REQUIREMENTS
As to a front, rear or side yard, easements on adjacent properties shall not be used in order to fulfill the requirements for each such yard.
YARD, REAR
An open, unoccupied space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building, exclusive of overhanging eaves, gutters, cornices and steps; the yard directly opposite the chosen front yard. The depth of the "rear yard" shall be measured at right angles to the rear line of the lot.
YARD, SIDE
An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be. The width of a "side yard" will be measured at right angles to the side line of the lot. Overhanging eaves, cornices and steps are excepted.
ZONE
The area of the Township also referred to and defined as a "district."
ZONING
The reservation of certain specified areas within a community or city for buildings and structures or use of land for certain purposes with other limitations such as height, lot coverage and other stipulated requirements.
ZONING DISTRICT
The same as "zone" or "district."
ZONING PERMIT
A document signed by the administrative officer which:
A. 
May be required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.
B. 
Acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency pursuant to this chapter.
[1]
Editor's Note: The former definition of "affordable housing," which immediately followed this definition, was repealed 10-3-1988 by Ord. No. O-21-88.
[2]
Editor's Note: The former definition of "certificate of conformity," which immediately followed this definition, was repealed 5-21-1990 by Ord. No. O-11-90.
[3]
Editor's Note: N.J.S.A. 30:4-23 was repealed by L. 1987, c. 116, § 30, effective 6-7-1989. See now N.J.S.A. 30:4-27.2.
[4]
Editor's Note: See also § 175-53.
[5]
Editor's Note: The definition of "density, gross," which immediately followed this definition, was repealed 11-21-1984 by Ord. No. O-26-84.
[6]
Editor's Note: The former definition of "floor area, net," which immediately followed this definition, was repealed 11-21-1984 by Ord. No. O-26-84.
[7]
Editor's Note: The definition of "gasoline filling station," which immediately followed this definition, was repealed 7-21-1992 by Ord. No. O-27-92.
[8]
Editor's Note: The definition of "Historic Archaeological and Cultural Preservation Board," which immediately followed this definition, was repealed 10-3-1988 by Ord. No. O-21-88.
[9]
Editor's Note: See now N.J.S.A. 30:4-27.2.
[10]
Editor's Note: See also § 175-53 of this chapter.
[11]
Editor's Note: The former definition of "performance guarantee," which immediately followed this definition, was repealed 3-20-1985 by Ord. No. O-6-85.
[12]
Editor's Note: See N.J.S.A. 13:18A-11a.
[13]
Editor's Note: See N.J.S.A. 13:18A-5.
[14]
Editor's Note: The former definition of "Pinelands development approval," which immediately followed this definition, was repealed 10-3-1988 by Ord. No. O-21-88.
[15]
Editor's Note: See N.J.S.A. 13:18A-3i.
[16]
Editor's Note: See N.J.S.A. 13:18A-11b.
[17]
Editor's Note: The former definition of "public services," which immediately followed this definition, was repealed 10-3-1988 by Ord. No. O-21-88.
[18]
Editor's Note: See also § 175-53.
[19]
Editor's Note: The former definition of "specimen tree," which immediately followed, was repealed 4-28-1997 by Ord. No. O-27-97.
[20]
Editor's Note: The former definition of "standard subsurface sewage disposal system," as added 10-3-1988 by Ord. No. O-21-88, which immediately followed, was repealed 4-28-1997 by Ord. No. O-27-97.
[21]
Editor's Note: See also § 175-53.
[22]
Editor's Note: See also § 175-53.
[23]
Editor's Note: See also § 175-53.