A.Â
Words and phrases shall be presumed to have their
ordinary meanings unless specifically defined or interpreted differently
in the section following. Disputes concerning the definition or interpretation
of a word shall be resolved by the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
B.Â
For the purposes of this chapter, certain words and
terms are defined as follows: Words used in the present include the
future; words used in the singular include the plural number, and
words in the plural include the singular number; the word "person"
includes an individual, corporation or partnership; the word "building"
shall include the word "structure"; the term "used" shall include
the words "arranged," "designed" or "intended to be used"; the term
"occupied" shall include the words "arranged," "designed" or "intended
to be occupied"; the word "lot" includes the word "plot"; the word
"zone" includes the word "district"; the word "premises" includes
"vacant land"; the word "shall" indicates a mandatory requirement;
and the term "may" indicates a permissive action.
This chapter, being necessary for the welfare
of Egg Harbor City and its inhabitants, shall be construed liberally
to effect the purposes of this chapter and the Pinelands Comprehensive
Management Plan.
As used in this chapter, the following terms
shall have the meanings indicated:
A building detached from and subordinate to the principal
building on the same lot, the use of which is customarily incidental
to that of the principal building.
A use customarily incidental and subordinate to the main
use conducted on a lot, whether such accessory use is conducted in
the main or accessory building.
Includes parks, playgrounds, golf courses, tennis courts,
swimming areas (lakes, rivers and pools), bicycle paths, indoor recreational
facilities, etc.
The Zoning Officer of Egg Harbor City, unless a different
municipal official is designated within this chapter or by statute.
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.
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, nor facilities which are solely
processing facilities.
[Added 4-6-1989 by Ord. No. 5-1989]
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 2-24-2005 by Ord.
No. 5-2005; 11-8-2018 by Ord. No. 14-2018]
A means for making changes in the text of this chapter and the Zoning Map, which have more or less general significance or application, as expressly authorized by the provisions of Article I of this chapter.
Those animals specified in N.J.A.C. 7:50-6.32.
A room or suite of rooms used as a single dwelling unit and
located in a building in which there are two or more rooms or suites.
A developer submitting an application for development.
An application form and all accompanying documents required by ordinance for the issuance of a construction or zoning or forestry permit, the approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit issued pursuant to § 170-14 of Article II of this chapter. In the Pinelands Area, this shall mean 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 in Article V, § 170-32A(2).
[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No.
13-1989]
Any board, body or other authority within the City with the
authority to approve or disapprove subdivisions, site plans, construction
permits or other applications for development approval.
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 2-9-2012 by Ord. No. 5-2012]
That part of a building which is immediately below and wholly
or partly within the roof framing, not generally used as living space.
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing of sales of
automobile fuels, which activity may be accompanied by accessory uses,
such as sales of lubricants, tires, accessories or supplies, minor
repairing of automobiles or a single-bay auto wash; provided, however,
that automobile wrecking, the major repairing of automobiles, the
parking or storing of automobiles for hire and the operation of more
than one towing vehicle shall not be deemed permissible accessory
uses of an automobile service station.
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.
[Amended 4-6-1989 by Ord. No. 5-1989]
A building for the sale of, hire of or remuneration from
automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory sales rooms, but not the sale of junked
vehicles and equipment.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for businesses
or dwelling purposes.
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 2-9-2012 by Ord. No. 5-2012]
A mound of soil on a site used as view obstruction, either
natural or man-made.
An unobstructed right-of-way designed, marked and paved exclusively for the use of foot-powered and nonmotorized bicycles. Such bicycle paths shall be designed in accordance with Article V of this chapter.
The Board of Egg Harbor City established pursuant to Section
56 of the Municipal Land Use Law, N.J.S.A. 40:55D-69, and sometimes
referred to as the "Zoning Board of Adjustment."[1]
The meaning set forth in N.J.S.A. 55:13B-3.
[Added 4-22-2021 by Ord. No. 5-2021]
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 2-9-2012 by Ord. No. 5-2012]
An area within a property or site generally adjacent and
parallel to the property line, consisting of either natural existing
vegetation or created by the use of trees, shrubs or fences.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The Uniform Construction Code of New Jersey as from time
to time adopted, readopted and amended.[2]
That exterior wall of a building facing the front line of
the lot.
The vertical distance measured from the average elevation
of existing grade to the highest point of the coping of a flat roof
or the deck line of mansard roofs or to the average height of the
highest gable of a pitch or hip roof. In no case will the ridgeline
be greater than 10 feet high or exceed 35 feet, except where permitted.
The height limitations of this chapter shall not apply to any of the
following structures, provided that such structures are compatible
with uses in the immediate vicinity: antennas which do not exceed
a height of 200 feet and which are accessory to an otherwise permitted
use, silos, barns and other agricultural structures, church spires,
cupolas, domes, monuments, water towers, fire observation towers,
electric transmission lines and supporting structures, windmills,
smokestacks, derricks, conveyors, flag poles and masts or aerials,
solar energy facilities, chimneys and similar structures to be placed
above the roof level and not intended for human occupancy.
[Amended 7-24-1997 by Ord. No. 7-1997]
A building in which is conducted the main or principal use
of the lot, to which all other buildings on the lot are accessory.
An established line within a property defining the minimum
required distance between the face of any structure to be erected
and an adjacent right-of-way or street line.
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas, such
as yards, and to lot lines, and includes the size, height and floor
area of a building or other structure; the relation of the number
of dwelling units in a residential building to the area of the lot
(usually called "density"); and all open areas in yard space relating
to buildings and other structures.
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
[Added 2-22-1996 by Ord. No. 2-1996]
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 4-6-1989 by Ord. No. 5-1989]
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 4-6-1989 by Ord. No. 5-1989]
A governmental acquisition of real property or major construction
project.
[Added 2-22-1996 by Ord. No. 2-1996]
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories,
nor shall it be considered in the calculation of habitable area as
called for in various residential districts. (See "basement.")
A certificate issued by the Land Use Board pursuant to Article VIII of this chapter.
[Amended 4-6-1989 by Ord. No. 5-1989; 8-28-2014 by Ord. No. 9-2014]
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:40-4.34 that a complete application for development
has been filed.
[Amended 4-6-1989 by Ord. No. 5-1989]
The identifiable bed and banks of a natural stream which
conveys the constant or intermittent flow of the stream.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship.
The systems, structures and physical improvements for the
movement of people, 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.
The district into which a parcel of land is placed and the
body of regulations to which it is subjected by this chapter and the
Zoning District Map.[3]
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. Clear-cutting
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 2-9-2012 by Ord. No. 5-2012]
An establishment where patients who are not lodged overnight
are admitted for examination and treatment by one or more of a group
of physicians, dentists, psychologists or social workers practicing
together.
An organization catering exclusively to members and their
guests, including premises and buildings for social, recreational,
athletic or other purposes which are not conducted primarily for financial
gain, provided that there are not any vending stands, merchandising
or commercial activities conducted, except as required generally for
the membership and purpose of such club and within the property boundaries
of such facilities.
The geographic area defined as the coastal area under the
jurisdiction of the Coastal Area Facilities Review Act (CAFRA), N.J.S.A.
13:19-4. The Pinelands Comprehensive Management Plan designates the
coastal area in Egg Harbor City to be located in the Pinelands Preservation
Area.
A building the principal use of which is a commercial use.
Any use first permitted in a commercial district.
The Pinelands Commission created pursuant to Section 4 of
the Pinelands Protection Act, N.J.S.A. 13:18A-4.
An open space area within or related to a site designated
as a development and designated and intended for the use and 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 and enjoyment of residents and owners
of the development, not including parking lots, streets, drives or
other vehicular buildings or structures.
A building separated on all sides from the adjacent open
area or from other buildings or structures by a permanent roof and
by exterior walls or party walls pierced only by windows or doors
normally provided for the accommodation of persons, goods or vehicles.
However, a parking structure which has less than 50% of its outer
wall space open shall be considered a completely enclosed building.
The plan adopted by the Commission pursuant to Section 7
of the Pinelands Protection Act, N.J.S.A. 13:18A-7, as amended.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in zoning provisions of this chapter and upon the issuance
of an authorization therefor by the Land Use Board. Conditional uses
are specified by zoning district within this chapter.
[Amended 8-28-2014 by Ord. No. 9-2014]
The City official specified in the Building Code and designated
as such by the Common Council.[4]
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 5-13-1993 by Ord. No. 8-1993]
Any development other than planned development.
A recovery home that is a rooming or boarding house that
has been issued an "F" license by the New Jersey Department of Community
Affairs pursuant to N.J.A.C. 5:27-1.1 et seq. It does not operate
as a single housekeeping unit. The 2017 New Jersey Uniform Construction
Code defines a CSLR as "a residential setting that serves solely as
a home for individuals who are recovering from drug or alcohol addiction
and is intended to provide an environment where the residents can
support each other's sobriety and recovery." In addition to the other
requirements specified in the regulations, a cooperative sober living
residence must satisfy the following criteria:
[Added 4-22-2021 by Ord.
No. 5-2021]
Management by an entity or organization that provides an operator
who shall reside in the residence and exercise some level of control
over the operation of the residence and establishes the residence's
rules;
Occupancy shall not exceed 10 individuals, exclusive of the
operator;
The requirement of the maintenance of an alcohol- and drug-free
environment;
No provision of on-site counseling therapy, clinical treatment,
or alcohol and/or drug treatment by the licensee;
No provision of food, laundry, financial, or other personal
services by the licensee;
Ability of licensee, at its discretion, to provide nonclinical
recovery and support services. The licensee may also elect to mandate
or encourage residents to attend self-help recovery programs, participate
in activities related to maintaining sobriety and continuing recovery,
or receive off-site services deemed desirable or necessary to maintain
sobriety; and
Ability of licensee, at its discretion, to require drug or alcohol
testing of residents.
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 2-9-2012 by Ord. No. 5-2012]
Composite of the Master Plan for the physical development
of the county in which the municipality is located, 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.
The Atlantic County Planning Board.
An open unoccupied space enclosed on all sides by exterior
walls of a building.
An open unoccupied space enclosed on not more than three
sides by exterior walls of a building.
A minor land service street, closed at one end and having
adequate vehicle turn area at the closed end.
The permanently established grade of the street in front
of a lot.
Daytime care or instruction of three or more children away
from their own homes, for more than three but less than 16 hours per
day, by an individual, association, corporation, institution or agency,
whether or not for compensation or reward.
Calendar days.
[Added 2-22-1996 by Ord. No. 2-1996]
The transfer of property from private to public ownership
for a public purpose.
The permitted number of dwelling units per gross area of
land to be developed.
One which has yard access on all four sides.
The legal or beneficial owner or owners of a lot 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.
The change of or enlargement of any use or disturbance of
any land, the performance of any building or mining operation, the
division of land into two or more parcels and the creation or termination
of rights of access or riparian rights, including but not limited
to:
A change in type of use of a structure or land.
A reconstruction, alteration of the size or
material change in external appearance of a structure or land.
A material increase in the intensity of use
of land, such as an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land.
The commencement of forestry activities, resource
extraction, drilling or excavation on a parcel of land.
[Amended 4-6-1989 by Ord. No. 5-1989]
The demolition of a structure or removal of
trees.
The deposit of refuse, solid or liquid waste
or fill on a parcel of land
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
of waste material.
Alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70, which do not otherwise include the
issuance of a construction permit or subdivision or site plan approval.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
Any permit or certificate of compliance required to be issued
for any development regulated by this chapter.
This chapter or other municipal regulation of land use and
development.
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purpose of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 2-9-2012 by Ord. No. 5-2012]
A portion of the territory of Egg Harbor City within which
certain regulations and requirements or various combinations thereof
apply pursuant to the provisions of this chapter.
Any lot line of any lot or parcel of land which coincides
with a district boundary line or which is contiguous to any public
or private right-of-way containing a district boundary line.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development to assure the adequacy of existing and proposed culverts
and bridges, to induce water recharge into the ground where practical,
to lessen nonpoint pollution, to maintain the integrity of stream
channels for their biological functions, as well as drainage, and
means necessary for water supply reservation or prevention of alleviation
of flooding.
[Amended 2-22-1996 by Ord. No. 2-1996]
The lands required for the installation of stormwater sewers
and/or drainage ditches or the land area required along a natural
stream, swale or other watercourse for preserving the channel or drainageway
and providing for the flow or passage of water therein to safeguard
the public from flood damage in accordance with the provisions of
this chapter or applicable state law.
Premises constructed for the sale of any goods or services
by means of curb and/or window-counter service, whether to the motoring
public or pedestrians.
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 2-9-2012 by Ord. No. 5-2012]
A building or portion thereof containing more than two dwelling
units.
A detached building containing one dwelling unit only.
A building, or entirely self-contained portion thereof, which
contains complete housekeeping facilities for one family only and
which has no enclosed space for cooking facilities in common with
any other dwelling unit, except vestibules, entrance halls, porches
or hallways. This definition shall not include a boat, trailer or
other vehicle of any type nor a temporary shelter such as a tent.
The area enclosed within the inside walls of the dwelling
unit with a finished-floor-to-structural-ceiling height of not less
than seven feet six inches, excluding garages, porches and any spaces
located below the top of the foundation wall.
The rebuilding, remodeling, addition to, alteration, extension
or enlargement of or conversion in any manner of an existing building
to increase the number of dwelling units contained therein.
A cyclic movement of the earth due to the propagation of
mechanical energy.
The date that this chapter is filed with the Atlantic County
Planning Board pursuant to N.J.S.A. 40:55D-1 et seq.
All electric lines other than electric transmission lines.
[Added 4-6-1989 by Ord. No. 5-1989]
Electric lines which are part of an electric company's transmission
and subtransmission system and which provide a direct connection between
a generating station or substation of the utility company and
[Amended 4-6-1989 by Ord. No. 5-1989]
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The elevations of all portions of a site prior to any site
preparation work related to a proposed use for which approval under
or pursuant to this chapter is required.
Any wall which defines the exterior boundaries of a building
or its courts or of a structure.
One or more persons related by blood, marriage, adoption
or guardianship, or any number of persons not so related, occupying
a dwelling unit and living as a single housekeeping unit.
The official action of the Land Use Board taken on a preliminarily
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.
[Amended 8-28-2014 by Ord. No. 9-2014]
The changing the characteristics and interactions of fish
and wildlife population and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
A land area adjoining a river, stream or other watercourse
which is likely to be flooded.
The total gross floor area of a building on a lot divided
by the area of the lot.
The sum of the gross horizontal areas of all floors of any
building or buildings on a lot, measured from the interior walls.
In particular, the total floor area shall be any basement or cellar
space which has been improved for residential purposes (but in no
case may that space which is included as part of the total floor area
exceed 20% of the total basement area), all space other than basement
or cellar spaces with structural headroom of at least seven feet six
inches and all interior balconies and mezzanines.
A unit of illumination, technically, the illumination at
all points one foot distant from a uniform point source of one candlepower.
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, clear-cutting, 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 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No. 7-1997; 2-9-2012 by Ord. No. 5-2012]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 2-9-2012 by Ord. No. 5-2012]
A group of people formally organized for a common interest,
business or pleasure. Such groups shall be defined to be similar but
not limited to organizations such as the Masonic Lodge, Knights of
Columbus, etc.
A deck or building, or part thereof, used or intended to
be used for the parking and storage of vehicles on one or more levels.
A building, accessory to a dwelling unit, used for the housing
of not more than three motor vehicles.
See "automobile service station."
[Amended 4-6-1989 by Ord. No. 5-1989]
A comprehensive plan for the development of a planned development,
as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
[Added 2-22-1996 by Ord. No. 2-1996]
An open area and its necessary buildings used for the playing
of golf.
The Common Council of Egg Harbor City.
[Added 2-22-1996 by Ord. No. 2-1996]
The government of the United States of America; the State
of New Jersey or any other state; their political subdivisions, agencies
or instrumentalities; and interstate and regional agencies exercising
powers of government.
For buildings having walls adjoining one street only, the
elevation of the sidewalk at the center of the wall adjoining the
street; for buildings having walls adjoining more than one street,
the average of the elevation of the sidewalk at the centers of all
walls adjoining the streets; and for buildings having no walls adjoining
the street, the average level of the finished surface of the ground
adjacent to the exterior walls of the building. Any wall approximately
parallel to and not more than 20 feet from a street line is to be
considered as adjoining the street.
The total floor area designed for tenant occupancy, including
basements, mezzanines and upper floors, if any, expressed in square
feet, measured from center lines of joint partitions and exteriors
of outside walls. The gross leasable area does not include the area
of any common malls, walkways or public facilities, equipment and
mechanical rooms and penthouses or truck docks.
Low-growing plants or sod that, in time, forms a dense mat
covering the area in which it is planted, preventing the growth of
unwatered plants while holding the soil in place. Examples: Rose species,
Ajuga species, Cotoneaster species, Euyonymus species, Ivy species,
Juniper species, Honeysuckle species, Pachysandra species, vine species
and sod.
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 2-9-2012 by Ord. No. 5-2012]
Floor area in a habitable room, which room has a clear floor-to-ceiling
height of not less than 7Â 1/2 feet over an area having no horizontal
dimension of less than seven feet; provided, however, that no floor
area where the ceiling height over such floor area is less than five
feet shall be considered habitable floor area.
Any room or enclosed space used or intended to be used for
sleeping, living, cooking or dining purposes; excluding, however,
kitchens having less than 70 square feet of floor area, and further
excluding such enclosed places as utility rooms, closets, pantries,
bath or toilet rooms, hallways, cellars, storage spaces, garages and
similar spaces.
The natural environment of an individual animal or plant,
population or community.
The vertical distance measured between grade and the highest
point of the highest element of the sign, excluding any incidental
structural element, such as uplift cable for a projecting sign.
All of the uses permitted in the Retail Commercial Zone.
Additional uses will include:
[Added 6-24-2010 by Ord. No. 14-2010; amended 8-12-2021 by Ord. No. 10-2021]
ASSISTED LIVING FACILITYResidences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They provide other services such as recreational activities, financial services, and transportation. The assisted living may be combined with other types of housing, such as congregate apartment housing for the elderly and residential health care facilities.
CLASS 5 CANNABIS RETAILER LICENSEEIncludes one Class 5 cannabis retailer licensee as a conditional use.
INSTITUTIONAL USESNonprofit, religious, or public use, such as a church, library, public or private school, hospital, or government owned and operated building, structure, or land used for public purpose.
RECREATIONAL AND ENTERTAINMENT USESCommunity and recreation centers, bowling alley, health club and exercise, tennis, golf learning center, family indoor recreation.
Any building or structure that is designated by the City
of Egg Harbor City, County, State or Federal Historic Commissions
or Agencies for Historic Significance.
Any area defined by district boundaries of general site designations
by Egg Harbor City's Historic Commission.
Any building, structure, area or property that is important
in the history, prehistory, architecture, archaeology or culture of
this state, its communities or the nation and has been so designated
pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (1976),
N.J.S.A. 40:55D-1 et seq.
[Amended 4-6-1989 by Ord. No. 5-1989]
A domestic use or occupation customarily conducted entirely
within the dwelling and entered on solely by the inhabitants thereof,
which is clearly incidental or secondary to the use of the building
for dwelling purposes and does not change the character thereof or
exert a deleterious influence upon surrounding properties, excluding
such uses as a clinic, hospital, tearoom, tourist house, animal hospital,
barbershop or any similar use. No display or advertising shall be
visible from the outside of the building.
A sign containing only the name and occupation of a permitted
home occupation.
An institution providing health services and medical or surgical
care to persons, primarily temporary inpatients, suffering from illness,
disease, injury, deformity or other abnormal physical or mental condition,
and including as an integral part of the institution related facilities,
such as laboratories, outpatient facilities or training facilities.
Hospital does not include institutions for the permanent care of or
occupation by the poor, infirm, incurable or insane.
A commercial establishment, containing 20 or more individual
sleeping rooms or suites, excluding accommodations for employees,
each having a private bath attached thereto, for the purpose of providing
overnight lodging facilities to the general public for compensation,
with or without meals, and in which ingress and egress to and from
all rooms may be made through inside office or lobby, supervised by
a person in charge at all hours and which provides a general kitchen
and dining room within the building. For the purpose of this chapter,
"overnight" shall mean continued occupancy of a room or suite by the
same person or persons for a period not to exceed 14 days. A hotel
is not a recreation facility.
[Added 2-22-1996 by Ord. No. 2-1996]
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
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 4-6-1989 by Ord.
No. 5-1989; 7-24-1997 by Ord. No. 7-1997; 11-8-2018 by Ord. No. 14-2018[6]]
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 centimeters per second
at the maximum anticipated hydrostatic pressure. The term "impermeable"
is equivalent in meaning.
[Amended 2-9-2012 by Ord. No. 5-2012]
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 2-9-2012 by Ord. No. 5-2012]
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 2-9-2012 by Ord. No. 5-2012]
Any building the principal use of which is an industrial
use.
Includes Classes 1, 2, 3, 4 and 6 cannabis cultivation, manufacturing
and wholesale, distribution, and delivery licenses as permitted uses.
[Added 11-18-2021 by Ord. No. 15-2021]
[Amended 8-12-2021 by Ord. No. 10-2021]
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary,
secondary and vocational schools, kindergartens and nurseries; cultural
facilities, such as libraries, galleries, museums, concert halls,
theaters and the like; hospitals, including such educational, clinical,
research and convalescent facilities as are integral to the operation
of the hospital; medical and health service facilities, including
nursing homes, supervised residential institutions, rehabilitation
therapy centers and public health facilities; law enforcement facilities;
military facilities; and other similar facilities.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey, and 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.
[Amended 8-26-1999 by Ord. No. 16-1999]
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., 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 4-6-1989 by Ord. No. 5-1989]
A sign which serves as common or collective identification
for two or more commercial, resort or industrial uses sharing an office
plaza, shopping center, industrial park or the like and which is located
on such premises. Such sign shall be limited in content to identification
of the plaza, center, park or the like shared by such uses and shall
contain any reference to the individual uses sharing the plaza, center,
park or the like.
A lot, land or structure, or part thereof, used for the purchase,
collection, storage, recycling or sale of wastepaper, rags, scrap
metal or other scrap or discarded goods, materials, machinery or vehicles.
Any building or lot on which four or more domesticated animals
more than four months of age are housed, groomed, bred, boarded, trained
or sold.
The total area of site or property, excluding the area occupied
by building(s) but including other structures; the harmonious blending
of these building(s) by the use of the existing topography or alterations
to the existing topography, trees, shrubs, ground covers and/or mulches.
A plan clearly indicating the type of plant material to be
incorporated into the overall design of the site. Such plan, at a
minimum, shall show the texture, quantity, seasonal qualities, heights,
size, spacing and organization of such plant material.
A private roadway designed to accomplish easy access into
developed parcels. Minimum roadway widths for ingress and egress lanes
shall be: one-way, 18 feet; and two-way, 30 feet; or as described
in individual articles, whichever are more stringent.
CANDLEPOWERThe amount of light that will illuminate a surface one foot distant from a light source to an intensity of one footcandle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminaire.
CUTOFFThe point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cut off) at a specific angle above the ground.
CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
CUTOFF-TYPE LUMINAIREA luminaire with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than 90°.
GLAREThe brightness of a light source which causes eye discomfort.
LUMINAIREA complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
MAXIMUM PERMITTED ILLUMINATIONThe maximum illumination measured in footcandles at the interior buffer yard line at ground level.
Any off-street space, not less than 12 feet in width, 70
feet in length and 15 feet in height, available for the loading or
unloading of goods, having direct access to a street or other public
way and so arranged that no vehicle is required to back into the public
right-of-way.
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. For the purpose of this chapter, local communication facilities shall be regulated as a public utility substation under the standards of § 170-67. The height limitations of this chapter shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.
[Added 7-24-1997 by Ord. No. 7-1997]
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946 c. 138 (N.J.S.A. 40:14A-1 et seq); any utilities authority
created pursuant to the Municipal and County Utilities Authority Law,
P.L 1946, c. 183 (N.J.S.A. 40:14B-1 et seq) or any utility, authority,
commission, special district or other corporate entity not regulated
by the Board of Regulatory Commissioners under Title 48 of the New
Jersey Statutes that provides gas, electricity, heat, power, water
or sewer service to a municipality or the residents thereof.
[Added 2-22-1996 by Ord. No. 2-1996]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
The surface of land parcel determined by its boundary lines
and expressed in terms of square feet or acres. Any portion of a lot
included in a street right-of-way shall not be included in calculating
lot area.
A lot located at the intersection of two or more streets.
A lot abutting on a curved street shall be considered a corner lot
if straight lines drawn from the foremost points at the side lot lines
to the foremost point of the lot meet at an interior angle of less
than 135°.
The percentage of lot area occupied by the ground area of
principal and accessory buildings on such lot.
The mean horizontal distance from the front lot line to the
rear lot line, measured perpendicular to the front lot line.
A lot having frontage on two nonintersecting streets.
A lot other than a corner lot.
In the case of an interior lot abutting only one street,
the street line separating such lot from such street; in the case
of a double-frontage lot, each street line separating such lot from
a street shall be considered a front lot line; in the case of a corner
lot, both lines separating the lot from the street shall be considered
to be the front lot line. A terrace shall not be considered a street
in determining a front lot line except when the terrace is the only
street frontage of the parcel in question.
[Amended 4-6-1989 by Ord. No. 5-1989]
That lot line which is parallel to and most distant from
the front lot line of the lot; provided, however, that in the case
of an irregular, triangular or gore-shaped lot, a line 20 feet in
length, entirely within the lot and parallel to and at the maximum
possible distance from the front lot line, shall be considered to
be the rear lot line. In the case of a corner lot, the lot line parallel
to the shortest street frontage shall be considered the rear lot line.
[Amended 4-6-1989 by Ord. No. 5-1989]
Any lot line other than a front or rear lot line.
The smallest lot on which a particular use or structure may
be located in a particular district.
A parcel of land that is a lot in a subdivision recorded
on the records of the Recorder of Deeds of Atlantic County or that
is described by a metes and bounds description which has been so recorded.
A through lot that is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.
[Added 10-26-2006 by Ord. No. 16-2006; amended 12-14-2006 by Ord. No. 27-2006]
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
[Added 10-26-2006 by Ord. No. 16-2006; amended 12-14-2006 by Ord. No. 27-2006]
The mean horizontal distance between side lot lines, measured
at a right angle to the depth; provided, however, that lot width measured
along the front lot line shall not be less than 80% of the required
minimum lot width.
Any security, including but not limited to surety bonds,
letters of credit, under the circumstances specified in Section 16
of P.L. 1994, c. 256 (N.J.S.A. 40:55D-53.5), and cash, which may be
accepted by the municipality for the maintenance of any improvements
required by the Municipal Land Use Law, P.L. 1975, c. 291 (1976),
N.J.S.A. 40:55D-1 et seq.
[Amended 2-25-1993 by Ord. No. 3-1993; 2-22-1996 by Ord. No.
2-1996]
All subdivisions not classified as minor subdivisions.
A composite of one or more written or graphic proposals for
the development of the municipality set forth in and adopted pursuant
to Section 19 of the P.L. 1975, c. 291 (N.J.S.A. 40:55D-28).
[Added 2-22-1996 by Ord. No. 2-1996]
The chief executive of the municipality.
[Added 2-22-1996 by Ord. No. 2-1996]
A development plan of one or more lots which: proposes new
development within the scope of development specifically permitted
by ordinance as a minor development; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-42); and contains the information reasonably required in order
to make informed determinations as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
[Added 2-22-1996 by Ord. No. 2-1996]
Any subdivision containing not more than three lots, exclusive
of the remaining lot or parcel fronting upon an existing approved
and improved street, not involving any new street or the extension
of municipal facilities and not adversely affecting the development
of the remainder of the parcel or adjoining property and not in conflict
with any provision or portion of the adopted Master Plan, Official
Map or Developmental Ordinance. Any lands, lots or parcels remaining
or resulting from a minor subdivision shall not be resubmitted as
a minor subdivision for a period of three years from and after the
date of the approval of said minor subdivision.
A home, excluding travel trailers, which is a movable or
portable unit designed and constructed to be towed on its own chassis
(comprised of frame and wheels) and designed to be connected to utilities
for year-round occupancy. The term shall include units containing
parts that may be folded, collapsed or telescoped when being towed
and that may be expanded to provide additional cubic capacity and
units composed of two or more separately towable components designed
to be joined into one integral unit capable of being again separated
into the components for repeated towing.
A commercial establishment providing overnight accommodations,
containing 10 or more rooms or suites, each having a private bathroom
attached thereto, with at least 25% of all rooms or suites having
direct access to the outside without the necessity of passing through
the main lobby of the building. Cooking facilities shall not be permitted
in individual motel rooms or suites, but restaurant facilities may
be provided within the building. For the purpose of this chapter,
"overnight" shall mean continued occupancy of a room or suite by the
same person or persons for a period not to exceed 14 consecutive days.
[Amended 2-22-1996 by Ord. No. 2-1996]
The Egg Harbor City Land Use Board or governing body when
acting pursuant to the provisions of Egg Harbor City development regulations.
[Amended 8-28-2014 by Ord. No. 9-2014]
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 2-9-2012 by Ord. No. 5-2012]
A waterway consisting of a naturally eroded channel with
visible evidence of banks and bed, as distinguished from a scale which
shows no evidence of natural erosion except occasional gullying and
from a ditch which consists of an artificially excavated channel.
Water capable of being traversed by pleasure craft.
The number of dwelling units per acre computed by dividing
the number of dwelling units which the applicant proposes to build
by the number of acres in the development. However, excluded from
the calculation shall be all public and private streets and rights-of-way,
all areas of commercial or industrial use and all areas in which development
or construction is normally prevented or prohibited, such as wetlands,
floodplains and other areas with environmental constraints. No area
shall be included in this calculation upon which building could not
take place.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a 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.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a 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.
A use or activity which was lawful prior to the adoption,
revision or amendment of a 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.
A recovery home that does not operate using the Oxford House
model and does not operate as a single housekeeping unit. Examples
of activities that indicate the house is a non-Oxford House model
may include, but are not limited to, residents enter into individual
leases with the owner or operator of the home for the occupancy of
their room and the common area; there is a limited number of staff
on-site who will enforce rules, oversee the taking of medication,
and perform random drug screening; residents are required to attend
AA/NA meetings; residents are required to attend mandatory house meetings;
residents are prohibited from sleeping outside the house; staff enforces
a curfew; or guests are prohibited. They are rooming homes or boarding
houses.
[Added 4-22-2021 by Ord. No. 5-2021]
An establishment which provides full-time convalescent or
chronic care, or both, for three or more individuals who are not related
by blood or marriage to the operator and who, by reason of advanced
age, chronic illness or infirmity, are unable to care for themselves.
No care for the acutely ill or surgical or obstetrical services shall
be provided in such an establishment; a hospital shall not be construed
to be included in this definition.
The map, with changes and additions, thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the County pursuant to N.J.S.A. 40:27-5.
[Added 2-22-1996 by Ord. No. 2-1996]
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
[Adopted 2-22-1996 by Ord. No. 2-1996]
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 development application or contiguous portion of a street or right-of-way.
[Added 2-22-1996 by Ord. No. 2-1996]
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.
[Added 2-22-1996 by Ord. No. 2-1996]
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
[Added 2-22-1996 by Ord. No. 2-1996]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land.
[Added 2-22-1996 by Ord. No. 2-1996]
Oxford House has been authorized by Congress to provide community
living arrangements for persons with drug and alcohol addiction. It
is a recovery home in which the residents are self-governing, all
residents contribute to the maintenance and expenses of the house,
the residents determine who can reside in the house, there is no limit
to how long an individual can reside in the house, there is no addiction
treatment, therapy, or paid staff provided; the house operates as
a single housekeeping unit, and the house is not required to be licensed
by the New Jersey Department of Community Affairs.
[Added 4-22-2021 by Ord. No. 5-2021]
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 7-24-1997 by Ord. No. 7-1997]
Any land area designed and used for the parking of not more
than three vehicles.
Any land area used or intended to be used for the parking
of more than three vehicles.
A space for the parking of a motor-driven vehicle within
a public or private parking area.
Recreational facilities designed specifically for such uses
as:
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 § 170-6 of this chapter and N.J.S.A. 40:55D-12.
[Amended 8-26-1999 by Ord. No. 16-1999]
Any security which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit, under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.3),
and cash.
[Added 2-25-1993 by Ord. No. 3-1993;
amended 2-22-1996 by Ord. No. 2-1996]
A landscaped open space intended to enhance the appearance
of parking lots and other outdoor auto-related uses or to screen incompatible
uses along district boundary lines by means of appropriate landscaping
or screening. Except as expressly provided otherwise in the regulations
requiring a perimeter landscaped open space, such open space shall
extend along the entire length of the lot line in question and shall
have a width equal to 15 feet or the depth or width of the yard required
along the lot line in question, whichever is greater. Perimeter landscaped
open space shall be broken only by required accessways. Such perimeter
landscaped space shall be suitably surfaced with grass, ground cover
or decorative paving material, or a combination thereof, and shall
contain landscaping such as ornamental trees and shrubs or appropriate
screening devices such as decorative walls, fences or berms, or a
combination thereof, sufficient to create a permanent screen not less
than eight feet in height. Not more than 30% of such screen shall
consist of walls or fences. The space shall be so designed and maintained
as to preserve unobstructed vision of the street and sidewalk at points
of access. Where a perimeter landscaped space is required, a landscaping
plan shall be submitted for review.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 2-9-2012 by Ord. No. 5-2012]
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 4-6-1989 by Ord. No. 5-1989]
See N.J.A.C. 7:50-6.43.
[Added 2-9-2012 by Ord. No. 5-2012]
N.J.S.A. 13:18A-1 to 13:18A-29.
An area of a minimum contiguous size, as specified by ordinance,
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 ordinance.
[Added 2-22-1996 by Ord. No. 2-1996]
A planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
[Added 2-22-1996 by Ord. No. 2-1996]
An area of a minimum contiguous size, as specified by ordinance,
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 ordinance.
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
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter.
[Amended 2-22-1996 by Ord. No. 2-1996]
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.
[Added 2-22-1996 by Ord. No. 2-1996]
The Municipal Planning Board established pursuant to the
New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 14,
N.J.S.A. 40:55D-23.[7]
A Pinelands plant species listed at N.J.A.C. 7:50-6.27 whose
survival worldwide, nationwide or in the state is in jeopardy.
[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No.
7-1997]
A map or maps of a subdivision or site plan.
The final map of all or a portion of the subdivision which
is presented to the Land Use Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Clerk of the County of Atlantic for recording in accordance with
law. A plat that receives final approval shall have been prepared
by a New Jersey professional engineer or land surveyor in accordance
with all of the provisions of Chapter 141 of the Laws of 1960, N.J.S.A.
46:23-9.9 et seq.
[Amended 8-28-2014 by Ord. No. 9-2014]
The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Land Use Board for tentative approval and meeting the requirements of Article V, Subdivision and Site Plan Review.
[Amended 8-28-2014 by Ord. No. 9-2014]
The sketch map of a subdivision, of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article V, Subdivision and Site Plan Review.
A roofed, open structure projecting from the front, side
or rear wall of a building.
The conferral of certain rights pursuant to the New Jersey
Municipal Land Use Law, P.L. 1975, c. 291, Sections 34, 36 and 37,
N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49, prior to final approval
after specific elements of a development plan have been agreed upon
by the Land Use Board and the applicant.
[Amended 8-28-2014 by Ord. No. 9-2014]
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.
A lot, plot or parcel of land, together with the buildings
and structures thereon.
That area so designated by Section 10(b) of the Pinelands
Protection Act, N.J.S.A. 13:18A-116.
A building and related facilities owned or operated by a
corporation, association or group of persons for social, educational
or recreational purposes of members regularly paying dues, but not
primarily for profit nor to render a service which is customarily
carried on as a business.
Development by any federal, state, township or other governmental
agency.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along the channel and providing
for the flow of water to safeguard the public against flood damage,
sedimentation and erosion.
Any improvement, facility or service, together with its associated
public site or right-of-way, necessary to provide transportation,
drainage, utility, energy or similar essential services, including
but not limited to streets, drives, sidewalks, walkways and other
vehicular and pedestrian circulation systems, together with customary
improvements and appurtenances, such as signaling, signage, curbs
and gutters, shade trees and landscaped buffers or parkways and street
furniture; facilities incidental to a public transportation system,
such as loading zones, turnarounds, passenger waiting areas protected
from inclement weather and pedestrian linkages between loading areas
and activity areas; storm sewers and appurtenances, drainageways,
culverts, flood-control basins and devices, retention and detention
basins or areas to control storm runoff, erosion- and sediment-control
structures and devices and other drainage structures, devices and
facilities; water supply and distribution facilities and appurtenances
both for domestic use and for fire protection; sanitary sewage disposal
and treatment facilities and appurtenances; public utility facilities
and appurtenances for gas, electric and telephone service; and facilities
and appurtenances for the production, conversion, distribution and
storage of energy necessary for essential residential, resort, commercial
and industrial uses permitted by this chapter.
An open space area conveyed or otherwise dedicated to a municipal
agency, board of education, state or county agency or other public
body for recreational uses.
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 4-6-1989 by Ord. No. 5-1989]
An area devoted to or planned for use as public park; a public
school; a federal, state, county or City building or facility site;
another public use or facility; or a right-of-way or easement for
a street, transportation corridor, utility corridor, waterway or drainageway
owned or to be owned by a government agency.
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
[Added 2-22-1996 by Ord. No. 2-1996]
The majority of the full authorized membership of a municipal
agency.
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Pinelands Commission.
[Added 7-24-1997 by Ord. No. 7-1997]
A residential environment that provides people in recovery
a safe alcohol- and drug-free place to live as they transition back
into the community.
[Added 4-22-2021 by Ord. No. 5-2021]
A private or public space, including essential buildings
and structures used for play and recreational space for individuals.
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.
[Added 4-6-1989 by Ord. No. 5-1989]
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Amended 7-24-1997 by Ord. No. 7-1997]
Includes parks and playgrounds and golf courses, tennis courts,
swimming areas (lakes, rivers and pools), bicycle paths and indoor
recreational facilities.
A procedure by which services and/or real or personal property
are temporarily transferred to another person for a specific time
period in exchange for remuneration.
The production, principally for home use or consumption,
of plants and their products and for sale to others where such sales
are incidental, including but not limited to gardening and fruit production.
Residential agriculture does not permit poultry and livestock and
boarding or breeding of animals.
[Added 6-24-2010 by Ord. No. 14-2010]
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.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
[Added 2-22-1996 by Ord. No. 2-1996]
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from the ground to roof.
[Added 2-22-1996 by Ord. No. 2-1996]
A one-family dwelling attached to one other one-family dwelling
by a common vertical wall, and each dwelling located on a separate
lot.
[Added 2-22-1996 by Ord. No. 2-1996]
A dwelling unit which is not attached to any other dwelling
by any means.
[Added 2-22-1996 by Ord. No. 2-1996]
Any use first permitted in a residential district.
A plan prepared for review by the Soil Conservation District
which details the proposed use of agricultural recommended management
practices.
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service New Jersey
Field Office Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.
[Added 2-9-2012 by Ord. No. 5-2012]
An establishment in which food and drink may be procured,
provided that such food or drink is to be consumed while seated at
a table, counter or a booth within the building.
An establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state for consumption either within the restaurant building or for
carry-out with consumption off the premises and whose design or principal
method of operation permits or encourages self-service and high-turnover
dining.
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
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.
[Added 6-24-2010 by Ord. No. 14-2010; amended 8-12-2021 by Ord. No. 10-2021]
BANKSIncluding fiduciary institutions like a credit union.
CLASS 5 CANNABIS RETAILER LICENSEEIncludes one Class 5 cannabis retailer licensee as a conditional use.
CULTURAL, RECREATIONAL AND ENTERTAINMENT USESArt gallery, including artisan's workshop, community and recreation centers, health club and exercise.
EDUCATIONDancing and music academy, day nursery and/or day care.
FINANCIAL USESAccounting, auditing, bookkeeping, commodity broker, credit, finance counseling, investment service, loan company, security broker.
FOOD PRODUCT USESBakeries and confectioneries (nonmanufacturing), convenience stores, specialty food stores and grocery stores.
FULLY ENCLOSED EATING AND DRINKING ESTABLISHMENTSLuncheonettes, coffee shops, bars, pubs, inns, taverns, diner, delicatessens.
GENERAL BUSINESSAdministrative, advertising, blueprinting, copying, data processing, detective and protective services, employment agency, research and design, temporary office.
MEDICAL AND RELATED USESChiropractor's office, dental office, dental laboratory, medical appliances and supply, medical laboratory, optical goods, optometrist's office, psychiatrist's office.
MINOR REPAIR OPERATIONSTelevision, radio, appliances, shoes, computers, etc.
MOTION PICTURE THEATERS
PERSONAL SERVICE AND CUSTOM CRAFT USESArt shops and studios, barber shops, beauty parlors, hobby shops, keys and lock shops, photographic studios, specialty clothing boutiques, tailors and dressmaking stores, travel bureaus.
PLANTS, ANIMALS AND RELATED USESAnimal clinics or hospitals, retail florists' shops, garden supply shops, pet shops, and veterinarian offices.
PROFESSIONAL OFFICEArchitect, business and management, engineering, general business, insurance, legal, publishing, planning, professional, real estate, surveying.
QUASI-PUBLIC ESTABLISHMENTSNonprofit, religious, or eleemosynary institution and providing educational, cultural, recreational, religious, or similar types of programs.
RETAIL STORES AND SERVICE ESTABLISHMENTSArt and school supply stores, bookstores, department stores, drugstores, electrical appliance stores, fabric and sewing accessory stores, furniture stores, gift, novelty and souvenir stores, home and decorating stores, jewelry stores, laundry, dry-cleaning establishments with coin-operated and self-service facilities, hardware stores, leather shops, luggage and suitcase stores, liquor stores, mail packaging service, musical instrument stores, newspaper and magazine stands, printing shops, record shops, secondhand item stores, shoe stores, specialty stores, sporting goods shops, stationery shops, toy stores, video rental/sales.
The boundary line of land used or intended for use as streets
or other public ways and from which required setbacks for front yard
and lot depths shall be measured. Where existing records are vague
or show a lesser dimension, they shall be considered to be not less
than 50 feet apart or 25 feet from the street center line.
Those tidal lands of the State of New Jersey which are now
or were formerly flowed by mean high water.
A rooming house has the meaning set forth in N.J.S.A. 55:13B-3.
[Added 4-22-2021 by Ord. No. 5-2021]
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 2-9-2012 by Ord. No. 5-2012]
Any overland flow of water across the ground surface.
Those roads and waterways as designated by the Pinelands
Commission.
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the school district but properly
registered with the State of New Jersey.
A structure or planting providing continuous view obstruction
within the site or property, consisting of fencing, berms and/or evergreen
trees or shrubs.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
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 2-9-2012 by Ord. No. 5-2012]
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 2-9-2012 by Ord. No. 5-2012]
Any plant(s), deciduous or evergreen, generally multistemmed,
classified and sold by height or spread, measured in inches or feet,
listed in standards set forth by the American Association of Nurserymen.
Any object, device, display, 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, City, religious, fraternal
or civic organization; also merchandise and 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. Definitions of particular functional, locational and structural
types of signs are listed in this section.
That area of a sign which:
In the case of freestanding, projecting and
marquee signs, consists of the entire surface area of the sign on
which copy could be placed. The supporting structure or bracing of
a sign shall not be counted as a part of sign face area unless such
structure or bracing is made a part of the sign's message. Where a
sign has two display faces back-to-back, the area of only one face
shall be considered the sign face area. Where a sign has more than
one display face, all areas which can be viewed simultaneously shall
be considered the sign face area.
In the case of a sign (other than freestanding,
projecting or marquee) whose message is fabricated, together with
the background which borders or frames that message, consists of the
total area of the entire background.
In the case of a sign (other than freestanding,
projecting or marquee) whose message is applied to a background which
provides no border or frame, consists of the smallest rectangle which
can encompass all words, letters, figures, emblems and other elements
of the sign message.
Methods of illumination which may be divided into several
types:
GENERAL- The sign itself neither is lighted internally nor has an external source of light specifically directed at it. Rather, the sign depends on the general illumination of the area (e.g., parking lot, traffic or pedestrian areas) for its illumination.
INTERNAL- The sign is made of translucent material with internal lights.
BACKLIGHT- The letters are raised beyond the sign's background and the cover-lighting sources which illuminate the background.
SPOTLIGHT- The sign is lighted by spotlights specifically directed at it.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices, and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
[Amended 8-26-1999 by Ord. No. 16-1999]
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 11-8-2018 by Ord.
No. 14-2018]
The maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years, i.e., that has a one-percent
chance of being flooded each year.
Standards which are adopted by ordinance pursuant to the
New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 52d
(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 flammable 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
municipality or standards which are required by applicable federal
or state laws or municipal ordinances.
That part of any building comprised between the level of
one finished floor and the level of the next higher finished floor
or, if there is no higher finished floor, then that part of the highest
finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
or is shown on a plat heretofore approved pursuant to law; or is approved
by official action pursuant to N.J.S.A. 40:55D-1 et seq.; or is shown
upon a plat duly filed and recorded in the office of the County Clerk
prior to the appointment of a Land Use Board and the granting to such
Board the power to review plats; and includes the land between the
right-of-way lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas with the right-of-way lines.
[Amended 8-28-2014 by Ord. No. 9-2014]
The dividing line between a lot and a public street, road
or highway, or a private street, road or way over which two or more
dominant estates have the right-of-way.
Any change in the supporting members of a building or any
substantial change in the roof or in the exterior walls.
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.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself,
herself or itself or for another.
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:
Divisions of land found by the Land Use Board
or Subdivision Committee thereof, appointed by the Chair, to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
[Amended 8-28-2014 by Ord. No. 9-2014]
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
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 the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or Atlas of the municipality.
The term "subdivision" shall also include the
term "resubdivision."
A Committee of at least three Land Use Board members appointed
by the Chair of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and such duties
relating to land subdivision which may be conferred on this Committee
by the Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
Those lands which are inundated with water throughout the
year.
Uses established for a fixed period of time with the intent
to discontinue such uses upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent building
or structure. No use expressly permitted or permissible as a permanent
or temporary use in any district pursuant to the provisions of this
chapter shall be allowed as a temporary use in any other district.
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 2-9-2012 by Ord. No. 5-2012]
A typed or printed verbatim record of the proceedings or
reproductions thereof.
[Added 2-22-1996 by Ord. No. 2-1996]
Any purpose for which a building or other structure or tract
of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
An area used for the storage and display of used automobiles
advertised for sale, including motorcycles, trucks or any other motorized
vehicles.
The main or primary purpose or purposes for which land, a
structure or a building is designed, arranged or intended or for which
it may be occupied or maintained under this chapter.
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone signals,
cable television signals, 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 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No.
7-1997]
Permission to depart from the literal requirements of a zoning
ordinance pursuant to the New Jersey Municipal Land Use Law, P.L.
1975, c. 291, Section 47 (N.J.S.A. 40:55D-60); and Subsections 29.2b,
57c and 57d of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-40b,
40:55D-70c and 40:55D-70d.
Any plant material, including grasses, shrubs and trees.
Any area of land either naturally formed or artificially
designed for the storage, passage, retention or flow of water, including
but not limited to the following: lake, pond, stream, canal, ditch
or swale.
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils, as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
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 2-9-2012 by Ord. No. 5-2012]
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St.
Johns and Freshwater Marsh and Tidal Marsh soil types.
Any legal instrument issued pursuant to N.J.S.A. 13:9A-1
et seq. and N.J.A.C. 7:7A-1 et seq. permitting the applicant to engage
in an activity specified therein.
A business engaged in the sale of commodities in quantity,
usually for resale or business use, chiefly to retailers, other businesses,
industries and institutions.
A window or portion of a window, including a window either
in addition to or as a substitute for mechanical ventilation, which
is required by any applicable law or statute or other municipal codes
or ordinances to provide light or ventilation to a room used for living
purposes.
An open unoccupied space on the same lot with the main building,
open and unobstructed from the ground upward.
A yard extending the full width of the lot and extending
from the front line of the main building, projected to the side lines
of the lot, to the street line.
The minimum distance between the front lot line and the front
yard line.
A yard extending the full width of the lot and extending
from the rear line of the lot to the rear line of the main building,
projected to the side lines of the lot.
The mean distance from the rear lot line or its vertical
projection to the part of the building that is nearest thereto at
any story level.
The regulation of this chapter establishing minimum front,
side and rear yard requirements and setback requirements for various
uses, structures and districts.
A yard extending from the front yard to the rear yard between
the main building and the adjacent side line of the lot.
The minimum distance between the side lot line or its vertical
projection and the side walls of the building.
See "Board of Adjustment."[8]
See "classification or zoning classification."
See "district."
A document signed by the administrative officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or a variance therefrom duly authorized by a municipal
agency pursuant to Sections 47 and 57 of the New Jersey Municipal
Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-60 and 40:55D-70.
[1]
Editor's Note: The Zoning Board of Adjustment was eliminated
and replaced by the Land Use Board 8-28-2014 by Ord. No. 9-2014.
[6]
Editor's Note: The former definition of "impact statement
(environmental review)" which followed was repealed 8-26-1999 by Ord.
No. 16-1999.
[7]
Editor's Note: The Planning Board was eliminated and replaced
by the Land Use Board 8-28-2014 by Ord. No. 9-2014.
[8]
Editor's Note: The Zoning Board of Adjustment was eliminated
and replaced by the Land Use Board 8-28-2014 by Ord. No. 9-2014.
