For the purpose of this chapter, the terms used
are defined as follows:
ACCESSORY STRUCTURE OR USE
A structure or use which:
A.
Is subordinate to and serves a principal building
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; and
B.
Is subordinate in area, extent and purpose to
the principal structure or principal building or a principal use served;
and
C.
Contributes primarily to the comfort, convenience
or necessity of the occupants, business or industry of the principal
structure or principal use served; and
D.
Is located on the same parcel as the principal
structure or principal use served, except as otherwise expressly authorized
by the provisions of this plan.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
Any production of 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 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.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in supporting members of a building or additions
to a structure requiring walls, foundations, columns, beams, girders,
posts or piers or the moving of a structure; any enlargement, whether
by extension of a side or by increased height.
ANTENNA, DISH TYPE
A saucer or circular-shaped antenna functioning as an antenna
for the reception of television programming. Such objects are also
known as "home video earth stations," "satellite dishes," or "satellite
earth stations."
APPLICATION FOR DEVELOPMENT
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 §
145-23B.
APPROVAL AGENCY
Any board, body or other authority within the Borough with
authority to approve or disapprove subdivisions, site plans, construction
permits or other applications for development approval.
APPROVAL, FINAL
Any approval to develop issued by a local permitting agency
which represents the final action to be taken on the application for
development by that agency, including but not limited to final approval
of major subdivisions and site plans, approval of minor subdivisions,
and the issuance of zoning or construction permits.
APPROVAL, PRELIMINARY
Any approval to develop issued by a local permitting agency
which is a prerequisite to the issuance of a final approval by that
agency, including but not limited to preliminary approvals of major
subdivisions and site plans.
AS-BUILT PLANS
Plans which show the exact location and elevation of all
improvements which have been made a part of the subdivision. This
shall include but not necessarily be limited to water mains, sanitary
and storm sewers, underdrains, culverts, electric lines, telephone
lines, etc.
BLOCK
An area bounded by three or more streets or as delineated
on the current Tax Map.
BUILDING
Any structure, either temporary or permanent, having a roof
and designed, intended or used for the sheltering or protection of
persons, animals, chattel or property of any kind.
BUILDING AREA (GROUND COVERAGE)
The area occupied by all the buildings on a lot, measured
on a horizontal plane around the periphery of the foundation and including
the area under the roof of any structure supported by columns but
hot having walls, as measured around the outside of the outermost
extremities of the roof above the columns.
BUILDING LINE
A line formed by the vertical projection to the ground of
the exterior surface of the building on any side. In case of a cantilevered
or projected section of a building, the vertical projection will coincide
with the surface nearest the lot line. A building line shall not be
closer to the street line than the required front yard depth.
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 short-term uses. "Camper" does
not include mobile homes or other dwellings.
CAMPSITE
A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.
CARPORT
A covered structure, having two walls or less, used to offer
protection for motor vehicles from the elements. A carport may be
either freestanding or attached to a wall.
[Added 8-12-2020 by Ord. No. 673]
CARTWAY
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
CERTIFICATE OF CONFORMITY
A statement signed by the Zoning Officer setting forth that
the accessory use of a building or property complies with this chapter.
CERTIFICATE OF FILING
A certificate issued by the Pinelands Commission pursuant
to NJAC 7:50-4.34 that a complete application for development has
been filed.
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the construction 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.
COMMERCIAL VEHICLE
Any motor vehicle with commercial registration and a GVWR
of over 14,000 pounds.
[Amended 8-14-2013 by Ord. No. 607]
COMMISSION
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act as amended (N.J.S.A. 13:18A-5).
COMPREHENSIVE MANAGEMENT PLAN
The plan and amendments thereto adopted by the Pinelands
Commission pursuant to Section 7 of the Pinelands Protection Act.
(N.J.S.A. 13:18A-8).
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.
COUNTY
The County of Burlington, State of New Jersey.
DAY
For purposes of computing time limits, the word "day" in
this chapter refers to a calendar day.
DECK
An open-floor-type structure having neither roof, walls,
nor enclosing features except for safety handrails.
DENSITY
The average number of housing units per unit of land.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land
proposed to be included in a development.
DEVELOPMENT
The change or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including but not limited
to:
A.
A change in type of use of a structure or land;
B.
A reconstruction, alternation of the size, or
material change in the external appearance of a structure or land;
C.
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;
D.
Commencement of resource extraction drilling,
or excavation on a parcel of land;
E.
Commencement of forestry activities;
F.
Demolition of a structure;
G.
Deposit of refuse, solid or liquid waste or
fill on a parcel of land;
H.
In connection with the use of land, the making
of any material change in noise levels, thermal conditions, or emissions
of waste material; and
I.
Alteration, either physically or chemically,
of a shore, bank, or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
DEVELOPMENT APPROVAL
Any approval 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 does not otherwise include issuance
of a construction permit, subdivision or site plan approval.
DEVELOPMENT, MAJOR
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of any area in excess of 5,000 square feet.
DISTRICT ZONING
A portion of the territory of the Borough of Medford Lakes
within which certain regulations and requirements or various combinations
thereof apply pursuant to the provisions of this chapter.
DRAINAGE
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
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DRIVEWAY (RESIDENTIAL AND NONRESIDENTIAL)
A paved or unpaved area used for ingress and egress of vehicles
and allowing access from a street to off-street parking, a building
or other structure or facility.
[Amended 6-23-2010 by Ord. No. 566]
DWELLING
Any structure or portion thereof which is designed or used
for residential purposes.
DWELLING UNIT
Any room or group of rooms located within a structure forming
a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking, eating and sanitation by
one family.
EASEMENT
A right-of-way granted but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the owner of the property shall not erect any permanent structures.
ELECTRIC TRANSMISSION LINES
Electric lines carrying more than 230 kvs. 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.
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 that portion of a tract of land occupied by an existing use.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
FAMILY
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
[Amended 6-22-2006 by Ord. No. 520]
FENCE
Any wall, barrier, or structure (not including growing plants,
shrubs, trees or buildings) which encloses any part thereof from any
other part of such lot or from any adjacent private or public property.
FIRE HAZARD
The classification of a parcel of land in accord with the
following:
|
Hazard
|
Vegetation Type
|
---|
|
Low
|
Atlantic white cedar
Hardwood swamps
|
|
Moderate
|
Nonpine barrens forest
Prescribed burned areas
|
|
High
|
Pine barrens forest including mature forms of
pine, pine-oak, or oak-pine
|
|
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine;
all classes of pine scrub oak and pine-lowland
|
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.
FLOODPLAIN
The relatively flat area adjoining a water channel which
has been or may be hereafter covered by floodwater.
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 12-21-2011 by Ord. No. 592]
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.
GARAGE
A building, structure or any portion thereof used for storing,
care or repairing motor vehicles.
GARAGE, PRIVATE
An accessory building, or a portion of a principal building,
used primarily for the storage of motor vehicles owned or used by
the occupant of the principal building.
[Amended 8-12-2020 by Ord. No. 673]
GROUND LEVEL
The natural ground upon which a fence or other structure
is constructed, excepting however, any increase in such ground levels
as may be necessitated by the use of reasonable fill dirt for the
purpose of bringing a natural depression or low area to grade with
ground abutting or adjacent to such naturally depressed or low area.
In no event shall the ground level upon which a fence or other structure
is constructed be increased by fill or otherwise in order to avoid
the height restrictions of this chapter or to cause a drainage problem
on any adjoining property or street.
HABITAT
The natural environment of an individual animal or plant,
population, or community.
HEIGHT
The vertical distance of a building measured from the lowest
grade measured from five feet out from the foundation of a structure
to the highest point of the roof. For structures, the vertical distance
measures from grade to its highest point; provided, however, that
no height limitation in this chapter shall apply to any of the following
structures, 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 an 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 support structures, smokestacks, derricks,
conveyors, flag poles and masts, or aerials, chimneys and similar
structures to be placed above the roof level and not intended for
human occupancy.
[Amended 8-14-2013 by Ord. No. 607]
HISTORIC RESOURCE
Any site, building, area, structure or object important in
American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
HOME OCCUPATION
An activity or enterprise for economic gain, carried out
in a residential dwelling or accessory structure thereto, in which
an occupant of the residence and no more than one other individual
are employed and which is clearly secondary to the use of the dwelling
as a residence.
HYDROPHYTES
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces.
IMPERVIOUS COVERAGE
The square footage or other area measurement by which all
improvements that create impervious surfaces cover a lot, as measured
in a horizontal plane to the limits of the impervious area(s). These
areas include but are not limited to parking spaces, lots, roads,
and driveways surfaced or constructed with other materials on a compacted
base, buildings and structures, walkways, patios, decks, pools, tennis
courts; landscape areas lined with weed-inhibiting impervious materials
and any other structure or on-site material or ground condition that
does not permit the natural absorption of water shall be included
in the computation of impervious coverage. In addition, other areas
determined by the Planning Board engineer to be impervious within
the meaning of this definition shall also be considered as an impervious
surface.
[Added 6-23-2010 by Ord. No. 566]
IMPERVIOUS SURFACE
[Added 6-23-2010 by Ord. No. 566; amended 12-21-2011 by Ord. No.
592]
A.
The square footage or other area measurement by which all improvements
that create impervious surfaces cover a lot as measured in a horizontal
plane to the limits of the impervious area(s). These areas include
but are not limited to parking spaces, lots, roads, and driveways
surfaced or constructed with other materials on a compacted base,
buildings and structures, walkways, patios, decks, pools, tennis courts,
landscape areas lined with weed-inhibiting impervious materials and
any other structure or on-site material or ground condition that does
not permit the natural absorption of water shall be included in the
computation of impervious coverage. In addition, other areas determined
by the Planning Board Engineer to be impervious within the meaning
of this definition shall also be considered an impervious surface.
B.
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, as amended and supplemented, available with
user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at the Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
INTERESTED PERSON OR PARTY
Any persons whose right to use, acquire or enjoy property
is or may be affected by any action taken under this chapter or whose
right to use acquire or enjoy property under this chapter or under
any other law of this state or of the United States has been denied,
violated or infringed upon by an action or a failure to act under
this chapter.
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.
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;
law enforcement facilities; military facilities; and other similar
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. This definition was adopted to conform
with the Pinelands Comprehensive Management Plan,
[Added 7-26-2001 by Ord. No. 471]
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
A site where any waste is disposed of by application on or
into the land, with or without the use of management practices or
soil covering. It does not include a site where land application of
waste or waste-derived material occurs in accordance with N.J.A.C.
7:50-6.79.
LANDSCAPING
The installation of plant material or seed as part of a development.
LIGHT COMMERCIAL VEHICLE
Any motor vehicle with commercial registration and a GVWR
of 14,000 pounds or under.
[Added 8-14-2013 by Ord. No. 607]
LOADING SPACE
An off-street berth within a structure or in the open, but
on the same lot with a building or group of buildings, for the temporary
parking of a vehicle while loading or unloading. Such space will have
dimensions of not less than 12 feet in width, 35 feet in length and
14 feet in height.
LOCAL
Of or pertinent to the Borough of Medford Lakes.
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
LOT
Any separate parcel of land having boundaries fixed by recorded
deed of conveyance or by map or subdivision plan filed in the office
of the County Clerk.
LOT DEPTH
A mean horizontal distance between the front and rear lot
lines, measured at right angles to a chord connecting the intersectional
points of the side lot lines and the front lot line.
LOT FRONTAGE
The distance between the side lot lines, measured along the
front property line.
LOT LINE, REAR
A lot line other than another front lot line on another street
and which is the farthest lot line from the street. Where there is
any question, the Building Inspector shall designate the rear lot
line. In general, the rear yard shall be designated as opposite of
the street address.
LOT LINE, SIDE
Any lot line not a front lot line or a rear lot line, including
a lot line of the offset portion of a lot.
LOT WIDTH
The distance between the side lot lines, measured at right
angles to its depth at the building line.
LOT, CORNER
A lot bounded on two or more sides by a public right-of-way.
Yards on both streets shall meet the front yard requirements for that
particular zone. The other two yards shall meet the side yard requirements.
MAINTENANCE GUARANTEE
Any security, other than cash which may be accepted by the
Planning Board or other approving body after the final acceptance
of improvements installed by the developer. This includes maintenance
bonds, and other similar collateral, or security agreements.
MASTER PLAN
A composite of the mapped and written proposals recommending
the physical development of the municipality which shall have been
duly adopted by the Planning Board.
MLUL
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
NONCONFORMING LOT
A lot of record not having the minimum width, frontage, depth
or area for the zone in which it is located.
NONCONFORMING USE
A use of building or land that does not presently comply
with the regulations of the district in which it is situated but did
comply with the regulations at some previous time.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building
Permit (1953) (N.J.S.A. 40:55-1.30) and republished as an interim
measure under L. 1975, c. 291; or a map adopted in accordance with
L. 1975, c. 291. Such map to be deemed conclusive with respect to
the location and width of the streets, and the location and extent
of public parks, playgrounds, scenic and historic sites, drainage
rights-of-way, and flood control basins shown thereon.
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 subdivision application or contiguous portion of a street right-of-way.
OFF-TRACT IMPROVEMENTS
Improvements made outside the original tract to accommodate
conditions generated inside the original tract that are transferred
off site as the result of the proposed development.
OWNER
Any individual, firm, association, syndicate, copartnership,
or corporation, trust or other legal entity, having sufficient proprietary
interest in the land sought to be subdivided 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.
PERFORMANCE GUARANTEE
Any security which may be in lieu of a requirement that certain
improvements be made before the Planning Board approves a plat, including
performance bonds, escrow agreements, and other similar collateral
or surety agreements, no more than 10% of which may be required in
the form of cash.
PERSON
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
PERVIOUS SURFACE
Any material or system that permits a significant surface
water infiltration and natural groundwater recharge including but
not limited to:
[Added 6-23-2010 by Ord. No. 566]
A.
Stone or gravel material, provided that the material is uniform
and of a standard size ranging from 3/8 to 3/4 of an inch. The subbase
shall not be compacted or rolled prior to or during construction and
shall consist of indigenous soils that are found on the property.
B.
Decking consisting of standard construction materials with at
least one-eighth-inch spacing between planks or boards constructed
over indigenous soils that are found on the property.
C.
Landscape rocks, wood chips, mulch, planted vegetation, sod
or seeded lawns and/or rippap aprons and other materials used for
soil erosion control are not to be included in any of the above surface
area computations so long as rainwater is able to infiltrate.
D.
Any other engineered system or material, including porous and
permeable paving systems that have been developed or designed to be
pervious to stormwater, provided that material and/or design and installation
is approved by a Borough official designated by the Borough Manager
and by the New Jersey Department of Environmental Protection or other
appropriate governing entity as a suitable pervious surface.
PINELANDS AREA
The area designated pursuant to Section 10 (a) of the Pinelands
Protection Act (N.J.S.A. 13:18A-11).
PINELANDS DEVELOPMENT CREDIT
A use right allocated to certain lands in the Pinelands pursuant
to N.J.A.C. 7:50-5.43 that can be used to secure a residential density
bonus in regional growth areas located in this Borough and other Pinelands
municipalities.
PINELANDS DEVELOPMENT REVIEW BOARD
The agency responsible from February 8, 1979 until June 28,
1979 for the review of an action on applications for development in
the Pineland Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.
PLANNING BOARD
The Planning Board of the Borough of Medford Lakes, New Jersey.
PLAT
One or more maps of a subdivision or a site plan which shows
the location, boundaries and ownerships of individual properties.
PLAT, FINAL
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations, and which is approved, shall be filed with
the proper county recording officer.
PLAT, PRELIMINARY
The map indicating the proposed layout of the subdivision
which is submitted to the Secretary for Planning Board consideration
and preliminary approval and meeting the requirements of this chapter.
PLAT, SKETCH
A plan of sufficient accuracy and detail used for the purpose
of discussion and classification of a subdivision.
PORCH
A roofed open structure projecting from the front, side or
rear wall of a building, and having no enclosed features of glass,
wood, or other similar material.
PRINCIPAL BUILDING
A building, in which is conducted the main or principal use
of the lot on which said building is situated. Commercial and industrial
developments and multifamily housing developments may have more than
one principal building per lot. Any other form of residential development
containing buildings used for residential use may not have more than
one principal building per lot.
PROTECTION AREA
All land within the Pinelands Area which is not included
in the Preservation Area.
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.
RECREATIONAL FACILITY, INTENSIVE
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.
RECREATIONAL FACILITY, LOW INTENSIVE
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
RECREATIONAL VEHICLE
A.
Includes the following:
(1)
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet, and a body length not exceeding 33 feet and its gross weight does not exceed 4,500 pounds.
(2)
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use.
(3)
MOTORIZED HOMEA portable dwelling designed to be used for temporary living for travel, recreation and vacation purposes, and constructed as an integral part of a self-propelled vehicle.
(4)
RECREATIONAL VANA motor vehicle with a van body type, so modified with sufficient equipment as to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(5)
CAMPING TRAILERA type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
(6)
TRANSPORTABLE BOATA boat mounted upon a cradle, blocks or a trailer which is towable by a passenger car, station wagon, pickup truck or recreational vehicle as defined in this section, provided that the boat and trailer do not exceed 26 feet in length. No boat and support shall exceed 11 feet in height when stored.
(7)
SNOWMOBILE(S)Mounted upon one trailer capable of transporting one or two, such vehicles.
B.
Boats, campers, trailers, self-propelled mobile
homes, personal water craft (jet skis), and related vehicles.
RIGHT-OF-WAY
The total width and length of the course of property along
a street, watercourse, utility alignment or other way and within which
all improvements and rights-of-access are confined.
RSIS
Residential Site Improvement Standards (N.J.A.C. 5:21).
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which
water seasonably rises in the soil in most years.
SETBACK LINE
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line or lot line.
SIGHT TRIANGLE
The area on either side of an accessway at its junction with
a public street forming a triangle, within which clear visibility
of approaching vehicular or pedestrian traffic must be maintained.
[Added 6-23-2010 by Ord. No. 566]
SIGN
A.
Any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interest of any person or product when the same is placed in a position
to be seen by the general public from any street or public way.
B.
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 to not include
the flag or emblem of any nation, organization of actions, state or
city, or any fraternal, religious or civic organizations; merchandise,
pictures or models of products or services incorporated in a window
display; works of art which in no way identify a product; or scoreboards
located on athletic fields.
SIGN, AREA OF
The area included within the frame or edge of the sign. 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.
SINGLE-FAMILY DETACHED DWELLING
A building physically detached from other buildings which
is occupied for residence purposes by one single-family unit and which
has its own heating, cooling, sleeping, sanitary, general living facilities,
and not more than one kitchen facility.
SITE
A parcel or portion, or other division of land which may
reasonably be separated from other parcels or portions of land by
description, which is used or is intended to be used for a separate
use, lease, tenancy or occupancy.
SITE PLAN
A development plan of one or more lots. See also Article
XI, §
145-90 et seq., of this chapter.
SOLAR ENERGY FACILITY
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 12-13-2018 by Ord.
No. 657]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by the MLUL, or
which is shown on a plat duly filed and recorded in the office of
the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
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. (MLUL)
STREET HIERARCHY
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high-traffic arterial roads to streets whose function
is residential access.
STRUCTURAL ALTERATION
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimension
or configurations of the roof or exterior walls.
STRUCTURE
A combination of material 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.
SUBDIVISION
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 these rules, if no new streets are created:
divisions of land found by the Planning Board or Subdivision Committee
thereof appointed by the Chairman to be for agricultural purposes,
where all resulting parcels are five acres or larger in size; divisions
of property by testamentary or interstate 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; and the conveyance of one or more adjoining lots, tracts,
or parcels of land owned by the same person or persons, all of which
are found and certified by the administrative officer to conform to
the requirements of the municipal development rules, and are shown
and designated as separate lots, tracts, or parcels on the Tax Map
or atlas of the municipality. The term "subdivision" shall also include
the term "resubdivision." (MLUL)
SUBDIVISION, MINOR
A subdivision of land for the creation of a number of lots
specifically permitted by ordinance as a minor subdivision, provided
that such subdivision does not involve a planned development, any
new street, or the extension of any off-tract improvement, the cost
of which is to be prorated pursuant to N.J.S.A. 40:55D-42. (MLUL)
TREE HOUSE
An enclosed structure or platform built in or around the
branches of a tree, or simulating the appearance of being built in
or around the branches of a tree, typically used for children's play.
[Added 8-12-2020 by Ord. No. 673]
UTILITY DISTRIBUTION LINES
Main lines, conduits or pipes located in a street road, alley
or easement through which natural gas, electricity, water, sewage
or storm water 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.
VARIANCE
Permission to depart from the literal requirements of the
Zoning Ordinance, pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c, and
40:55D-70d.
VEGETATION
Any plant material including grasses, shrubs and trees.
WATERSHED
The area drained by a given stream or river.
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 12-21-2011 by Ord. No. 592]
WETLANDS SOILS
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United State Department of
Agriculture, including but not limited to Atsion, Bayboro, Berryland,
Colemantown, Elkton, Keensbury, Leon, Muck, Othello, Pocomoke, St.
Johns and Freshwater Marsh and Tidal Marsh soil types.
YARD
An open space that lies between the principal or accessory
building or buildings and the nearest lot line. Such yard is unoccupied
and unobstructed from the ground upward except as may be specifically
provided in the Zoning Ordinance.
YARD DEPTH
The shortest distance between a lot line and a yard line.
YARD, FRONT
A space extending the full width of the lot between any building
and the front lot line, and measured perpendicular to the building
at the closest point to the front lot line.
YARD, REAR
A space extending across the full width of the lot between
the principal building and the rear lot line, and measured perpendicular
to the building to the closest point of the rear lot line.
YARD, REQUIRED
The open space between a lot line and the buildable area
within which no structure shall be located except as provided in the
Zoning Ordinance.
YARD, SIDE
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
from the side lot line to the closest point of the principal building.