Township of Pittsgrove, NJ Article I Titles, Purposes and Definitions

§ 60-1 Titles.

A. Long title. The long title of this chapter is "An Ordinance to Repeal Chapter 60 of the Code of the Township of Pittsgrove, Entitled 'Land Development,' and to Adopt a New Chapter 60 Entitled 'Development Regulations Ordinance of the Township of Pittsgrove.'"

B. Short title. This chapter shall be known and maybe cited as the "Development Regulations Ordinance of the Township of Pittsgrove."

§ 60-2 Purposes and intents.

It is the general purpose of this chapter to encourage and guide the appropriate use and development of all land and natural resources within the Township of Pittsgrove in a manner which will promote the health, safety, morals and general welfare of the community and which will further the following related and more specific objectives:

A. To guide and regulate the orderly growth and development of the Township in accordance with the adopted Township Master Plan;

B. To secure safety from fire, flood, panic and other natural and man-made disasters;

C. To provide adequate light, air and open space;

D. To ensure that the development of the Township of Pittsgrove does not conflict with the development and general welfare of neighboring municipalities, the county and state as a whole;

E. To promote the establishment of appropriate population densities and concentrates that will contribute to the well-being of the community and the preservation and conservation of the natural environment and natural resources;

F. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

G. To protect the established character and the social and economic well-being of the community;

H. To provide sufficient space in appropriate locations for a variety of land uses according to their respective environmental requirements;

I. To promote the conservation of open space, prime agricultural lands and other valuable natural resources, and to prevent environmental degradation through the improper use of land;

J. To encourage the location and design of safe and efficient transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;

K. To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

L. To promote the conservation of historic sites, open space, energy resources and valuable natural resources in the Township and to prevent urban sprawl and degradation of the environment through improper use of land;

M. To encourage senior citizen community housing construction;

N. To encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of land; and

O. To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the state recycling plan goals and to compliment municipal recycling programs.[1]

[1] Editor's Note: See Ch. 83, Part 1, Art. III, Recycling.

§ 60-3 Right to farm.

A. The Township Committee of the Township of Pittsgrove hereby recognizes that the neighborhood, community and society in general benefit from farming through the preservation of open space, the preservation of the aesthetic nature of the countryside and by the supplying of this and future generations with plentiful agricultural products. The Township Committee recognizes and endorses that the entire Township is shown on the Salem County Agricultural Development map as a farmland preservation target area.

B. The Township Committee of the Township of Pittsgrove also recognizes the right to farm as being a right worth protecting for the benefit of the residents of Pittsgrove Township and specifically adopts the following rules, regulations and guidelines in order to carry out the goal of preserving the right to farm within Pittsgrove Township:

(1) For purposes of this section, the right to farm applies to any parcel of land involving five or more acres which is used for gain from an agricultural pursuit and meets all the requirements for farmland assessment, except that it need not have met farm activity and sales requirements for prior years.

(2) The right to farm all land within the Township of Pittsgrove is hereby recognized to exist as a natural right and is also hereby recognized to exist as a permitted use throughout the Township of Pittsgrove, regardless of zoning designation and regardless of the specified uses and prohibited uses set forth elsewhere in the zoning provisions of the Township of Pittsgrove.

(3) The right to farm includes the use of large irrigation pumps and equipment; aerial and ground seeding and spraying; large tractors; numerous farm laborers; and the application of chemical fertilizers, insecticides, herbicides and manure, other than human sewage or septic effluent, all for the purpose of producing from the land agricultural products, such as but not limited to, vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds.

(4) The right to farm also includes the use of the land for the grazing of animals.

(5) The foregoing uses and activities included in the right to farm may occur on holidays, Sundays and weekdays, 24 hours per day, and the noise, odors, dust and fumes that are caused by said uses are also specifically permitted as part of the exercise of this right to farm, when reasonable and necessary for the particular farming, livestock or fowl production or other agricultural pursuit and when conducted in accordance with generally accepted agricultural best management practices.

§ 60-4 Definitions and word usage.

A. Interpretation; rules of construction; word usage. Unless otherwise expressly stated or the context clearly indicates another meaning, the following words and phrases shall be construed throughout this chapter to have the meaning herein indicated. Where certain words or phrases are not defined below, their meanings shall be as defined in N.J.S.A. 40:55D-1 et seq. So that:

(1) The present tense includes all other tenses; the singular includes the plural and the plural includes the singular; the masculine gender includes the feminine and the neuter.

(2) The word "person" includes any individual, estate trust, fiduciary, partnership, firm, association, corporation or any other organization or entity, including the principal officers thereof or any other individual or other legal entity acting directly or indirectly by, through or under any of the foregoing.

(3) The word "shall" is always mandatory; the word "will" is always directory; and the word "may" is always permissive.

(4) The word "used" and "occupies" shall include the words "arranged," "designed," or "intended or arranged to be used or occupied."

(5) The word "structure" shall include the words "building," "dwelling" or "residence" and includes "or any part thereof."

(6) The word "built" shall include the words "constructed," "erected," or "altered."

(7) The word "lot" includes the words "plot," "premises" and "tract."

(8) The word "zone" includes "district" and vice versa.

(9) The terms "such as," "including" and the like are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such terms appear without limiting or derogating from the general application of the sentence, clause or phrase in which such terms appear. When said terms are used, they shall be considered as introducing a typical or illustrative designation of items and shall not be interpreted as constituting a complete list.

(10) The words "as amended" or "et seq." as applied to any statute, ordinance, code, regulation, plan or map, include replacements, supplements or restatements thereof; and reference to a particular article, section or subsection which inherently refers to other articles, sections or subsections, includes all articles, sections and subsections referred to.

(11) The word "Township" means Pittsgrove Township, Salem County, New Jersey; and the term "Township Committee" means the Township Committee of Pittsgrove Township. The term "Planning Board" shall mean the Planning Board of the Township of Pittsgrove. The Planning Board shall be known and may be referred to as the "Land Use Board of the Township of Pittsgrove," or simply the "Land Use Board."

(12) When terms, phrases or words are not hereafter defined, and not found within N.J.S.A. 40:55D-1 et seq., they shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. If not found in the aforementioned dictionary, their meaning shall have the ordinarily accepted meaning or such as the context may imply.

B. Statutory authority. The definitions provided herein are applicable to all Township land development regulations enacted pursuant to and as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

C. Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

The cessation of a use of a property (land and/or structures) by the owner, with the intention of neither resuming the use nor transferring rights to the property to another who will so use the property.

ABUTTING OWNER

The owner of record of a parcel of land which is contiguous at any point to the parcel in question or which is contiguous to a section of road or street (public or private) on which the subject parcel has frontage, i.e., a lot across from the subject parcel.

ACCELERATED EROSION

The removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur from natural processes alone.

ACCESSORY APARTMENT

A dwelling unit that has been added onto, or created within, a single-family dwelling or an accessory structure located on the same lot as a single-family dwelling.

ACCESSORY USE OR STRUCTURE

A use or structure which:

(1) Is subordinate to and serves a principal building or a principal uses, including but not limited to, the production, harvesting, and storage as well as washing, grading and packaging of unprocessed produce grown on-site;

(2) Is subordinate in area, extent and purpose to the principal structure or principal building or principal use served;

(3) Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and

(4) Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.

ADAPTIVE REUSE

The development of a new use for an older building or for a building originally designed for a special or specific purpose.

ADMINISTRATIVE OFFICER

The Secretary of the Planning Board for matters concerning the Planning Board; the Municipal Clerk for the governing body; the Zoning Officer for matters involving the issuance of zoning permits and the enforcement of zoning regulations and the Tax Assessor in the case of providing required property owner or qualified farmland property lists pursuant to § 60-30.

ADT (AVERAGE DAILY TRAFFIC)

The average number of cars per day that pass over a given point.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE or ADULT VIDEO STORE

A commercial establishment which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes or video productions, CD-ROMS, DVD cassettes, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

(1) Persons who appear in a state of nudity;

(2) Live performances which are characterized by the exposures of specified anatomical areas or by specified sexual activities; or

(3) Films, motion pictures, videocassettes, CD-ROMS, DVD cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration which:

(1) Provides patrons with closed-circuit television transmissions, films, motion pictures, video or DVD cassettes, CD-ROMS, slides or other photographic reproductions which are characterized by the depictions or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions;

(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or

(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, video or DVD cassettes, CD-ROMS, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified anatomical areas or by specified sexual activities.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

ADVERSE EFFECTS

See "effects, adverse."

[Added 4-13-2011 by Ord. No. 4-2011]

AGGRESSIVE SOILS

Soils which may be corrosive to cast iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.

AGRICULTURAL EMPLOYEE HOUSING

Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture or horticulture.

AGRICULTURE or HORTICULTURE USE

Any production of plants or animals useful to man 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 or the Farmland Assessment Act of the State of New Jersey.[1] The term "agriculture" shall also include the term "aquaculture" (See this definition in this section.) "Agricultural use" or "horticultural use" does not include the erection, alteration, enlargement or reconstruction of a structure for residential occupancy, nor does it include earth extraction, land mining or landfilling operations which are not incidental to existing agricultural operations.

[Amended 12-23-2002 by Ord. No. 9-2002]

ALLEY

A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

ALTERATION OR ADDITIONS, STRUCTURAL

Any change in or addition to the supporting or structural members of a building or other structure such as the bearing walls, partitions, columns, beams, or girders, or any change to adapt a structure to a different use. A structural alteration shall also include the removal of a building from one location to another.

ALTERNATIVE ENERGY GENERATOR FACILITY

A Class I renewable energy generating facility which:

[Added 9-22-2010 by Ord. No. 3-2010; amended 4-25-2012 by Ord. No. 3-2012; 2-14-2012 by Res. No. 2012-05]

(1) Supplies wind- and/or solar-generated electric energy on the customer's side of the meter pursuant to the net metering requirements of N.JA.C. 14:8- 1.1, et seq.;

(2) Is certified pursuant to N.J.A.C. 14:8-5.3; and

(3) Is subject to a completed Level 1, 2 or 3 Interconnection Application/Agreement of which both Part 1 and Part 2 have been approved and signed by the customer-generator and the electric distribution company ("EDC").

AMENDED APPLICATION FOR DEVELOPMENT

Application forms and other documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or for a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 that are submitted to amend or otherwise modify an application for development, amended application for development, or other application to the Planning Board that has already been submitted and certified or deemed complete, but which has not yet been granted or denied, and which has not been withdrawn by the applicant. An amended application for development shall constitute, and shall be processed and reviewed by the Planning Board as in the case of the original application for development, as a new application for development that has replaced the one being amended. An amended application for development shall be subject to the application fee payment and review escrow deposit requirements for resubmission or revision of any application per the fee schedule established in Pittsgrove Township Code § A120-1. A "resubmitted application for development" as defined in this Chapter 60 is not an "amended application for development." When an applicant elects to "bifurcate" a development proposal pursuant to N.J.S.A. 40:55D-76b (and as that term is defined in this Chapter 60), the "subsequent application" as referred to in that statute is not an amended application for development; rather, each application that is submitted as part of an applicant's bifurcated development proposal, the initial separate application and any subsequent one, shall constitute and be processed and reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows that are required for new applications, and each application having a separate certification or deeming of completeness, and a separately established "date of submission" as defined in this Chapter 60.

[Added 4-13-2011 by Ord. No. 4-2011]

AMENDMENT

A means of making changes to the certified and adopted Township Master Plan or this chapter.

ANIMALS, THREATENED OR ENDANGERED

See N.J.A.C. 7:50-6.32.

ANTENNA

For purposes of local wireless communication facilities, an antenna shall be defined as the surface from which wireless radio signals are sent and received by a local communications facility.

ANTENNA STRUCTURES

Microwave or satellite dish or solid, structure-type antennas, whether or not permanently affixed, or other antennas affixed to a permanent foundation shall be considered a structure within the meaning of this chapter and must meet all setback, yard and other requirements of this chapter.

[Amended 9-22-2010 by Ord. No. 3-2010]

APARTMENT HOUSE

A structure containing three or more dwelling units. See "dwelling, multifamily."

APARTMENT UNIT

One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three or more dwelling units.

APPLICANT

A landowner or developer, including heirs, successors, assigns and grantees, who has filed an application for subdivision and/or land development, as hereinafter defined, or an application for a special exception, variance or conditional use.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.

APPROVING AUTHORITY

The Planning Board of Pittsgrove Township unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

AQUACULTURE

The farming of aquatic organisms, including fish, mollusks, crustaceans, and aquatic plants. Farming implies some form of intervention in the rearing process to enhance production, such as regular stocking, feeding, protection from predators, etc. Farming also implies corporate ownership of the stock being cultured.

ARTISAN'S DISPLAY

A limited area for showing a representation or sampling of an artist, artisan or craftsperson's products, artifacts, artwork, crafts or work; made by the resident artist, craftsperson or artisan, and available for purchase on the site where the contents of said representation or showing are created, made or produced.

ASSISTED-LIVING FACILITY

A residential or personal-care center or complex that provides and/or arranges for the provision of daily meals, personal and other supportive services, health care and twenty-four-hour oversight to persons residing in a group residential facility who need assistance with activities of daily living (ADL). The levels of services so provided to said persons may vary depending on individual need.

BASEMENT

An interior space or a portion of an interior space having a floor level more than two feet below the outside elevation of ground at the foundation wall and having a ceiling height of not less than seven feet. A basement shall be considered as a story for the purpose of height measurement if the basement ceiling is five feet or more above the average ground level around the building. See also "cellar."

BASIC UTILITY AIRPORT

An airport which can accommodate almost all single-engine aircraft and most twin-engine aircraft of less than 8,000 pounds maximum weight, as designated by the Division of Aeronautics of the New Jersey Department of Transportation.

BED-AND-BREAKFAST FACILITY

A single-family, primary dwelling in which the owner/occupant also provides temporary overnight accommodations to guests for a fee as an accessory use in any zoning district where a single-family, detached dwelling is a permitted use. The operation of a bed-and-breakfast shall be considered a home occupation and an accessory use for any single-family, detached home excluding apartments and mobile homes, for the purposes of this chapter.

BEDROOM

A room planned, designated or used primarily for sleeping.

BENEFICIAL USE

When referring to soils, the term "beneficial use" means the use or reuse of a material which would otherwise become solid waste as landfill cover, aggregate substitute, fuel substitute or fill material, or the use or reuse in a manufacturing process to make a product or as an effective substitute for a commercial product. Beneficial use of a material shall not constitute recycling or disposal.

[Added 12-28-2004 by Ord. No. 2004-11]

BERM

A mound of soil, seeded and landscaped, either natural or man-made, used as view obstruction.

BIFURCATE

To present a development proposal to the Planning Board for review pursuant to N.J.S.A. 40:55D-76b via an initial separate application for variance approval followed by a subsequent application for subdivision, site plan, conditional use, or other approval. Each application that is submitted as part of an applicant's bifurcated development proposal presentation, the initial application and any subsequent one, shall constitute and be reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows required for new applications, and each application having a separate certification or deeming of completeness, and a separately established "date of submission" as defined in this Chapter 60.

[Added 4-13-2011 by Ord. No. 4-2011]

BIKEWAY

Any path separate from vehicular travel or a route clearly defined along a public right-of-way for the exclusive use of bicycles.

BLOCK

A tract of land bounded by streets, or by a combination of streets and public lands, rights-of-way, waterways, or boundary lines of the Township.

BMP

The New Jersey Stormwater Best Management Practices Manual.

[Added 5-9-2006 by Ord. No. 5-2006]

BOARDER or ROOMER

A person who is not related to the head of the household and who pays for the privilege of boarding or rooming.

BUFFER

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view, the glare of lights, and/or sound from the site to adjacent sites or properties.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy by persons, animals or chattel and having a roof

BUILDING, ACCESSORY

See "accessory use or structure."

BUILDING AREA

The aggregate of the maximum horizontal cross section areas of the buildings on a lot, excluding cornices, eaves, gutters, or chimneys projecting not more than 18 inches; steps, balconies and bay windows not extending through more than one story and not projecting more than five feet ; and one story open porches projecting not more than 10 feet. "Projecting" as used here means extending from the building area.

BUILDING, COMMUNITY

A building for civic, social, educational, cultural or recreational activities for a neighborhood or community which is not operated primarily for monetary gain.

BUILDING COVERAGE

The coverage of the lot area by the ground floor area of all buildings on the lot, including covered porches, carports and breezeways, but excluding open patios.

BUILDING HEIGHT

The vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Conventional accessories to structures, such as chimneys, spires, aerials or antennae and elevator enclosures, shall not be included in building height calculation. A communication use or tower placed atop structures shall not be considered conventional accessories as defined herein.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which said building is situated.

BUILDING SETBACK LINE

The line parallel to the street line at a distance therefrom equal to the depth of the required front yard in the district(s) under consideration. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed.

CALIPER

The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter, and measured 12 inches above ground level for trees over four inches in diameter.

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CAPITAL IMPROVEMENT PROGRAM

A proposed schedule of all future capital improvement projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.

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.

CELLAR

A story partially 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. No apartments shall be permitted in a cellar. See also "basement."

CENTER LINE OFFSET OF ADJACENT INTERSECTIONS

The gap between the center line of roads adjoining a common road from opposite or same sides.

CERTIFICATE OF OCCUPANCY

A document which shall be deemed to authorize and be required for each occupancy and use of the building or land to which it applies, and shall continue in effect only so long as such building and the use thereof and the use of such land is in full conformity with the requirements of this chapter and the Uniform Construction Code.[2] A certificate of occupancy shall only be issued upon completion of alteration after it is determined by the appropriate issuing officer that said construction is in full compliance with Township regulations and codes. Maintenance of a valid certificate shall be the responsibility of the property owner.

CHANGE OF USE REQUIRING A VARIANCE

A change from a permitted use to one not permitted under the zoning provisions of this chapter.

CHANNEL

The identifiable bed and banks of a natural stream which convey the constant or intermittent flow of the stream.

CHANNELIZATION

The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.

CIRCULATION

The system, structures and physical improvements for the movement of people, goods, water, air, sewage, or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and for the handling of people and goods by such means as terminals, stations, shelters, warehouses and other storage buildings or transshipment points.

CLEAN FILL

A material which is uncontaminated, non-water soluble, nondecomposable inert solid such as concrete, glass and/or clay or ceramic products. Clean fill does not mean processed or unprocessed mixed construction and demolition debris including but not limited to wallboard, plastic, wood or metal. The non-water soluble, nondecomposable inert products generated from an approved Class B recycling facility are considered to be clean fill.

[Added 12-28-2004 by Ord. No. 2004-11]

CLUB

Any organization catering exclusively to members and their guests or any organization for religious, vocational, civic, service, recreational or athletic purposes which is not conducted for financial gain.

CLUSTER DEVELOPMENT

See "residential cluster" beneath the definition of "planned development."

COLLOCATION

The use of a single tower on the ground by more than one provider and/or the installation of several local communication facilities on an existing building or structure by more than one provider of wireless local communications.

COMMERCIAL DISPLAY

As used in § 60-103 herein this chapter, the term "commercial display" shall mean the exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNICATIONS TOWER OR TOWERS

See "local communications facility."

COMPACTION

An increase in soil bulk density.

[Added 5-9-2006 by Ord. No. 5-2006]

COMPLETE APPLICATION

An application form completed as specified by ordinance and all accompanying documents required by ordinance for approval of that application for development.

CONCEPT PLAN

A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and initial classification.

CONDITIONAL USE

The use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards as contained herein this chapter, and upon the issuance of an authorization therefor by the approving authority.

CONDOMINIUM

A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. It is a means of property ownership. The term "condominium" may also refer to the unit held in single ownership.

CONSERVATION EASEMENT

An interest in land less than fee-simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the person vested with a greater interest therein, appropriate to retaining land or water areas predominantly in their natural, scenic, open or wooded condition, or for conservation of suitable habitat for plants or animals.

[Added 5-9-2006 by Ord. No. 5-2006]

CONSERVATION RESTRICTION

An interest in land less than fee-simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural, scenic or open or wooded condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or as suitable habitat for fish or wildlife, to forbid or limit any or all:

[Added 5-9-2006 by Ord. No. 5-2006]

(1) Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground;

(2) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;

(3) Removal or destruction of trees, shrubs or other vegetation;

(4) Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance;

(5) Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition;

(6) Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation;

(7) Other acts or uses detrimental to the retention of land or water areas according to the purposes of any conservation or environmental laws or regulations.

CONTAMINATED SOIL

Soil which contains one or more contaminants from an unintentional or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a hazardous substance, hazardous waste, or pollutant at a concentration which fails to satisfy any applicable remediation standards shall be considered contaminated soil.

[Added 12-28-2004 by Ord. No. 2004-11]

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.

CONVENTIONAL DEVELOPMENT

Development other than planned development or clustering.

CONVERSION, DWELLING

The remodeling or alteration of an existing structure so as to accommodate the provision of more dwelling units than were originally intended. "Dwelling conversion" includes the alteration of a nonresidential structure into a dwelling unit for at least one household; the modification of a single-family structure so as to accommodate two or more dwelling units; and the alteration of multifamily structure so as to accommodate more units than originally intended.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

[Added 5-9-2006 by Ord. No. 5-2006]

COUNTY MASTER PLAN

A composite of the Master Plan for the physical development of Salem County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Salem County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.

COUNTY PLANNING BOARD

The Salem County Planning Board.

COUNTY REVIEW AGENCY

Unless otherwise specified, the Salem County Planning Board or such other agency as may be designated by the Salem County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinances and the Salem County Soil Conservation District.

[Added 5-9-2006 by Ord. No. 5-2006]

COVERAGE, TOTAL

That percentage of a plot or lot area covered by all structures, paving and nonporous materials. This would include such facilities as swimming pools, tennis courts and other recreational courts, as well as roads, walkways, patios, driveways and parking or loading areas if covered by impermeable or impervious surfaces. See "impermeable surface" and "impervious surface."

CUL-DE-SAC

A local street with only one outlet and having the other end for the reversal of traffic movement.

CULVERT

A structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walkway.

CUSTOMER-GENERATOR

An electricity customer, such as an industrial, large commercial, residential or small commercial customer that generates electricity on the customer's side of the meter using a Class I renewable energy source.

[Added 4-25-2012 by Ord. No. 3-2012; amended 2-14-2012 by Res. No. 2012-05]

DATE OF SUBMISSION

The date of submission of an application for development, amended application for development, resubmitted application for development, bifurcated development proposal, or other application to the Planning Board shall be determined as follows:

[Added 4-13-2011 by Ord. No. 4-2011]

(1) For an application that involves no submission waivers and is certified complete by the Planning Board within the time specified by N.J.S.A. 40:55D-10.3, the date of submission shall be the date the Planning Board Secretary received the last of the application forms, documents, plans, materials, information, payments, and/or deposits that were required for the application to be certified complete.

(2) For an application that involves submission waiver requests that are granted by the Planning Board, and which is certified complete by the Planning Board within the time specified by N.J.S.A. 40:55D-10.3, the date of submission shall be the date the Planning Board Secretary received the last of the application forms, documents, plans, materials, information, payments, and/or deposits that were required for the application to be certified complete, or the date the Board grants the last of the submission waivers, whichever is later.

(3) For an application that is not certified complete by the Planning Board but rather is deemed complete due to Planning Board inaction by operation of N.J.S.A. 40:55D-10.3, the date of submission shall be the date the Planning Board Secretary received the last of the application forms, documents, plans, materials, information, payments, and/or deposits that were filed by the applicant in connection with the application or the date the Board grants the last of any requested submission waivers, whichever is later.

DAY-CARE CENTER

An establishment providing for the care, supervision, and protection of children or adults on a daily basis for a specific period of time.

DAYS

Calendar days.

DEDICATION

An act of transmitting property or interest thereto.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

DENSITY, GROSS

The number of dwelling units per acre for a given area that includes streets and other common or public open spaces. In the case of a mixed-use development, space devoted to nonresidential uses is also included.

DENSITY, NET

The number of dwelling units per acre for a given area that excludes streets and other common or public open spaces. In the case of a mixed-use development, space devoted to nonresidential uses is also excluded.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

[Added 5-9-2006 by Ord. No. 5-2006]

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

[Added 5-9-2006 by Ord. No. 5-2006]

DESIGN FLOOD

The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.

DESIGN GUIDELINES

Guidelines that provide a general framework for sound planning.

DETENTION BASIN

A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property into natural or man-made outlets.

DEVELOPER

The legal or beneficial owner or owners of a lot or any land proposed to be included in the proposed development, including the holder of an option for contract purchase or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, any forestry or logging activities, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, “development” means any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and/or the State Agricultural Development Committee (SADC); and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

[Amended 5-9-2006 by Ord. No. 5-2006]

DEVELOPMENT APPROVAL

Any approval granted by the 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 issuance of a construction permit, subdivision or site plan approval.

DEVELOPMENT REGULATION

A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

DISCHARGE

The volume of water flowing past a given point per unit of time, measured in cubic feet per second.

DISTRICT, ZONING

A specifically delineated area of the territory of Pittsgrove Township within which uniform regulations and requirements or various combinations thereof govern the use, placement, spacing, and size of land and buildings as set forth in this chapter and as shown on the adopted Zoning Map.[3]

DISTURBANCE

Any activity which involves the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution and to maintain the integrity of stream channels for their biological functions as well as for drainage; and the means necessary for water supply preservation and prevention or alleviation of flooding.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

[Added 5-9-2006 by Ord. No. 5-2006]

DRAINAGE EASEMENT

A limited property right assigned by deed or other legal means permitting the use of a specified area for the installation and maintenance of stormwater sewers or drainage ditches, or the restriction of areas along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

DRAINAGE FACILITY

Any component of the drainage system.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers and/or drainage ditches or trench 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 provision of this chapter and applicable state regulations and laws.

DRAINAGE SYSTEM

The system through which floodwater flows from the land, including all watercourses, water bodies and wetlands.

DRAINAGEWAY

Any watercourse, trench, ditch, depression or other hollow space in ground, natural or artificial, which collects and disperses surface water from land.

DRIVEWAY

A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building or other structure or facility.

DRY INDUSTRIAL WASTE

Waste materials resulting from manufacturing, industrial and research and development processes and operations, and which are not hazardous in accordance with the standards and procedures set forth at N.J.A.C. 7:26G. Also included are nonhazardous oil spill cleanup waste, dry nonhazardous pesticides, dry nonhazardous chemical waste, and residue from the operations of a scrap metal shredding facility.

[Added 12-28-2004 by Ord. No. 2004-11]

DUMP

A lot of land or a portion thereof used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind. See also "landfill, sanitary."

DUPLEX

A building containing two single-family dwelling units totally separated from each other by a nonpierced wall extending from ground to roof.

DWELLING

A structure or portion thereof that is used exclusively for human habitation. The word "dwelling" shall not include boarding or rooming houses, hotels, motels or other structures designed or used for transient purposes.

DWELLING, MULTIFAMILY

A building containing three or more dwelling units, including units that are located one over the over.

DWELLING, SINGLE-FAMILY DETACHED

A building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.

DWELLING, SINGLE-FAMILY, DETACHED, MOBILE HOME

A transportable, single-family, detached dwelling unit intended for permanent occupancy contained in one unit or two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; and is installed as required in Chapter 64 of this Code, so that it may be used without a permanent foundation, but with the same, or equivalent electrical, plumbing and sanitary facilities as for a conventional single-family, detached dwelling. A mobile home may include any addition or accessory structure such as porches, sheds, decks or additional rooms, which are attached to it. A camper/travel trailer or other recreational vehicle shall not be considered to be a mobile home for permanent, year-round occupancy.

DWELLING, TWO-FAMILY

A building on a single lot containing two dwelling units each of which is totally separated from the other by a nonpierced wall extending from ground to roof or a nonpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

DWELLING UNIT

A dwelling or portion thereof, forming a single habitable unit with a private access and facilities which are used or intended to be used for living, sleeping, cooking and eating, and sanitation exclusively by one household.

DWELLING UNIT AREA

The minimum or average square footage necessary to constitute a dwelling unit in a multidwelling structure as delineated by this chapter.

EARTH EXTRACTION

The removal of sand, topsoil, gravel, fill dirt or mineral or clay products for sale or use at another location, but not including agricultural soil conservation works, excavations incidental to agricultural operations or the process of grading as part of site preparation of an approved development. The term "earth extraction" includes "land mining" and "resource extraction."

EASEMENT

A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.

EDC (ELECTRIC DISTRIBUTION COMPANY)

An electric public utility, as defined herein. An EDC cannot be an electric power supplier, but may provide basic generation service.

[Added 4-25-2012 by Ord. No. 3-2012; amended 2-14-2012 by Res. No. 2012-05]

EFFECTS, ADVERSE

Results that create or contribute to harmful, degraded or unfavorable conditions. Adverse effects may include, but are not limited to, negative impacts on surrounding lands or streets; negative impacts that are contrary to the Pittsgrove Township Master Plan or the intent of this Chapter 60; negative impacts in the form of environmental harm or degradation; negative impacts that threaten the public health, safety and general welfare.

[Amended 4-13-2011 by Ord. No. 4-2011]

EFFECTS, BENEFICIAL

Results contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of this chapter and the goals and the objectives of the adopted Township Master Plan and promoting the public health, safety and general welfare.

ELECTRIC DISTRIBUTION COMPANY (EDC)

An electric public utility, as defined herein. An EDC cannot be an electric power supplier, but may provide basic generation service.

[Added 4-25-2012 by Ord. No. 3-2012; amended 2-14-2012 by Res. No. 2012-05]

ELECTRIC DISTRIBUTION LINES

All electric lines other than electric transmission lines.

ELECTRIC PUBLIC UTILITY

A public utility, as that term is defined in N.J.S.A. 48:2-13, that transmits and distributes electricity to end users in New Jersey.

[Added 4-25-2012 by Ord. No. 3-2012; amended 2-14-2012 by Res. No. 2012-05]

ELECTRIC TRANSMISSION LINES

Electric lines which are part of an electric company's transmission and subtransmission system, which provide direct connection between a generating station or substation of the utility company and another substation of the utility company; a substation of, or interconnection with, another interconnecting utility company; or a substation of a high-load customer of the utility.

EMERGENCY SITUATION

The accidental destruction by fire, flood, wind or other catastrophe of all or a major portion of a single-family residential structure which, in the opinion of the Construction Code Official or other public health official having competent jurisdiction, makes the structure unfit for human habitation.

ENGINEER, LICENSED PROFESSIONAL

An individual licensed in the State of New Jersey to practice engineering pursuant to N.J.S.A. 45:8-27 et seq.

ENVIRONMENT

The conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed subdivision and/or land development including natural elements such as land, water, air, minerals, natural flora and fauna, and man-made components such as objects of historic or aesthetic significance, infrastructure and man-related attributes of a social and economic nature.

ENVIRONMENTAL COMMISSION

A municipal advisory board created pursuant to N.J.S.A. 40:56A-1 et seq.[4]

ENVIRONMENTAL CONSTRAINTS

Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

ENVIRONMENTAL IMPACT STATEMENT

An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter.

ENVIRONMENTALLY CONSTRAINED AREAS

Areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as but not limited to wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the NJDEP's Landscape Project as approved by the NJDEP's Endangered and Nongame Species Program.

[Added 5-9-2006 by Ord. No. 5-2006]

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitats of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the NJDEP's Landscape Project as approved by the NJDEP's Endangered and Nongame Species Program.

[Added 5-9-2006 by Ord. No. 5-2006]

EQUIPMENT SHED

An enclosed structure, cabinet, shed, or box at the base of the local communication facility within which are housed batteries and electrical equipment.

EROSION

The detachment and movement of soil and rock fragments by water, wind, ice and gravity.

ESCROW

A deed, bond, money, or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by a public utility or municipal agency of underground or overhead transmission, distribution or collection systems including a pumping or lift station necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety and general welfare.

FAMILY

A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability. See "household."

FARM

Any parcel of land containing five or more acres which is used for the raising of agricultural or horticultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

FENCE OR WALL

A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and the property.

FILL

Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of the land.

FINAL APPROVAL

The official action of the Land Use Board taken on a preliminary approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FINAL PLAT

The final map of all or a portion of a subdivision which is presented for final approval.

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

A relatively flat or low land area, adjoining a river, stream, watercourse or body of water, which area is subject to partial or complete inundation; and area subject to the unusual and rapid accumulation of surface waters from any source, e.g., stormwater drainage courses and basins.

FLOOD, ONE-HUNDRED-YEAR

A flood that on the average is likely to occur only once every 100 years, that is a storm that has a 1% likelihood of occurring each year, but may occur more than once in any one-hundred-year period, as delineated by the Federal Insurance Rate Maps.

FLOODWAY

The area of a floodplain required to carry and discharge floodwaters of a one-hundred-year flood.

FLOOR AREA, GROSS

The sum of the horizontal areas of the several floors of a building, excluding basement space, but including the area of permanently roofed portions and terraces. All dimensions shall be measured from the outside face of exterior walls or from the center line of a party or common wall.

FLOOR AREA, GROSS HABITABLE

The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, family room, den, kitchen, and bedroom, but not including hallways, stairways, cellars, attics, service or utility rooms, bathrooms, closets, or unheated areas such as enclosed porches, garages, carports, sheds or basements, or rooms without at least one window or skylight opening onto outside yard or courts. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area. The minimum total window area shall be 10% of the habitable floor area of such rooms.

FOOD PROCESSING

The washing, cleaning, cutting, dicing, slicing, blanching, freezing, packaging or other preparation for shipping of agricultural fruit and/or vegetable products delivered directly to the site from the farm on which they were grown.

FORESTRY

The planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry:

(1) Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;

(2) Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;

(3) Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;

(4) Removal of trees necessary for the maintenance of utility or public rights-of-way; and

(5) Removal of trees for public safety.

FOWL

Chickens, turkeys, guinea hens, capons, geese, ducks, swans, ostriches, emus, or similar birds and sometimes referred to as "poultry."

GARAGE, PRIVATE

An accessory use or part of a permitted principal building used for the storage of motor vehicles owned and used by the owner, residents, employees or visitors of such permitted principal building.

GARAGE, REPAIR

A building used for the off-street storage of motor vehicles, the provision of incidental motor fuel service, the sale of accessories and the repair of motor vehicles, excluding body work.

GASOLINE SERVICE STATION

An area of land, including any structures thereon, used primarily for the retail sale and direct delivery to motor vehicles of motor fuel and lubricants, as well as such incidental services as the lubrication and washing of motor vehicles and the sale, installation and minor repair of automotive accessories such as tires and batteries. A gasoline service station may also include a mini-mart or convenience store.

GENERAL DEVELOPMENT PLAN

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).

GENERAL DEVELOPMENT SKETCH PLAN

A plan outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive cost involved in submitting a detailed proposal.

GOLF COURSE

An area of 150 or more acres containing a full-size professional golf course at least 18 holes in length, together with necessary and usual accessory uses and structures, including but not limited to, clubhouse facilities, dining and refreshment facilities, swimming pools and tennis courts, driving ranges and putting areas, and other related recreational facilities, provided that the operation of the facilities is incidental and subordinate to the operation of the golf course.

GOVERNING BODY

The Township Committee of the Township of Pittsgrove in the County of Salem.

GRADE

(1) The average elevation of the land around a building.

(2) The percent of rise or descent of a sloping surface such as street or parcel of land; or

(3) A reference plan consisting of the average finished ground level adjacent to a structure, building or facility at all visible exterior walls.

GROUNDCOVER

Low-growing plants or sod that in time form a dense mat covering the area in which they are planted; preventing soil from being blown or washed away and the growth of unwanted plants.

GUTTER

A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying away runoff water.

HABITAT

The natural environment of an individual animal or plant, population, or community.

HAZARDOUS SOILS

Soils that contain hazardous waste which must be managed as such when contamination is above the nonhazardous waste limits or is otherwise classified as hazardous waste by the New Jersey Department of Environmental Protection. These soils must be managed as a hazardous waste in accordance with N.J.A.C. 7:26-G et seq. The only options for soils that contain a hazardous waste are on-site remediation or off-site management as a hazardous waste.

[Added 12-28-2004 by Ord. No. 2004-11]

HEIGHT

The vertical distance from the average ground elevation around the foundation to the level of the highest point of the structure. Unless subject to specific height requirements that are expressly set forth in this chapter (such as in the case of alternative energy generator facilities, local wireless communications facilities, and private communication devices), conventional accessories to structures, such as chimneys, spires, and elevator enclosures, shall not be included in the height calculation.

[Amended 12-27-2005 by Ord. No. 22-2005; 9-22-2010 by Ord. No. 3-2010]

HIGHLANDS

Non-wetlands areas or areas devoid of wetlands soils.

HISTORIC RESOURCE

Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.

HISTORIC SITE

Any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing which has been formally designated in the adopted Township Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.

HOME OCCUPATION

Any commercial activity carried out by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit and/or accessory structure thereto as provided for in § 60-77 herein this chapter.

HOME PROFESSIONAL OFFICE

A home occupation consisting of the office of practitioner of a recognized profession as per § 60-77 of this chapter. See "home occupation."

HOTEL, MOTEL OR INN

A building or group of buildings containing 10 or more guest rooms, without cooking facilities of any kind, especially designed for the temporary lodging of transient guests. Such establishments shall provide guests with customary services such as maid service and the furnishing and laundering of linen. Eating and drinking establishments may be an accessory use to the hotel, motel or inn.

HOUSEHOLD

A family or group of persons living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit. See also "family."

IMPERMEABLE SURFACE

Any surface which does not permit fluids to pass or penetrate its pores or spaces.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

IMPOUNDMENT

A body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.

IMPROVED PUBLIC STREET

For subdivision or site plan purposes, any street which complies in width and construction with municipal standards and as defined by ordinance.

IMPROVEMENT

Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM

A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit/dwelling.[5]

INDUSTRIAL PARK

See "planned industrial development."

INDUSTRIAL USE

A use that primarily involves a manufacturing or industrial process, the production of durable or nondurable goods, or warehousing, and shall include, but need not be limited to, electric power production, food and food by-product processing, paper production, agrichemical production, chemical processes, storage facilities, metallurgical processes, and processes utilizing mineral products.

[Added 12-8-2009 by Ord. No. 15-2009]

INFILTRATION

The process by which water seeps into the soil from precipitation.

[Added 5-9-2006 by Ord. No. 5-2006]

INSTITUTIONAL USE

Any land used for the following public or private purposes: educational faculties, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nursery schools; 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 services or outpatient facilities, including nursing homes, assisted-living facilities, supervised residential institutions, rehabilitation, therapy centers, hospices, and public health facilities; law enforcement facilities; military facilities, public office buildings; churches, cemeteries and other similar facilities.

INTENSIVE FOWL OR SWINE FARM

A farm intended primarily for the commercial breeding or raising of poultry and their by-products or swine. Farms with or proposed to have more than five pigs or more than 10 head of fowl per acre shall be considered intensive operations.

INTERESTED PARTY

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 interested person. See "interested person."

INTERESTED PERSON

Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed upon by an action or a failure to act under this chapter.

JUNK

Any secondhand, discarded or unused waste material of any type, including iron, metal, glass, paper, rags, clothes, machines, more than two unregistered motor vehicles incapable of normal operation, used parts or accessories of motor vehicles and all other materials commonly and generally known as "junk" in the ordinary meaning of the word.

JUNKYARD

A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting and dismantling, storage, and salvage of machinery or vehicles not in running condition, and for the sale of parts thereof.[6]

KENNEL

An establishment where five or more dogs, cats or like domesticated animals, more than one year old, are kept, boarded, groomed, trained, raised or bred for compensation.[7]

LAND

Real property including improvements and fixtures on, above, or below the surface. Land shall include any ground, sand or earth, including sandy areas, marshes, swamps, drainageways and areas not permanently covered by water.

LANDFILL, SANITARY

As defined in current regulations of the New Jersey Department of Environmental Protection.

LAND MINING

See "earth excavation."

LANDOWNER

The legal or beneficial owner or owners of land; the hold of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee if said lessee is authorized under the lease to exercise the rights of the owners.

LANDSCAPED AREA

That portion of a tract or lot in which plantings have been installed in accordance with any special provisions for landscaping in this chapter. The landscaped area includes the buffer planting strip and those plantings which serve a functional and/or aesthetic purpose and are located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and the like. The area must be not have a nonvegetative surface and be water absorbent, and no more than 1/3 of this total square footage space requirement may be made up of the area located within the setback requirements for the front, side, or rear yards of the complex.

LAND USE BOARD

See "approval authority."

LANE, ACCELERATION AND DECELERATION

Lanes adjacent to the primary cartway and attached thereto for the use only by vehicles entering, leaving or preparing to cross a lane of forward travel without interrupting the flow of traffic.

LATTICE TOWER

A freestanding tower with multiple legs and cross-bracing of structural steel.

LIGHT INDUSTRY

Any land use such where the only activity involved is the fabricating or the assembling of standardized parts as contrasted to a processing activity which would involve a physical or chemical processes that would change the nature or character of the product or raw material.

LIVESTOCK

Cattle, steers, horses, mules, sheep, goats and similar farm animals raised for their fur, wool, meat, hides, milk, or other uses including draft, plowing, racing or show.

LOADING SPACE, OFF-STREET

A space in a building or on a lot which is accessible from the public street system for the temporary use of vehicles while loading or unloading merchandise, materials or passengers. This space shall be not less than 12 feet in width and 70 feet in length and have a minimum of 15 feet height clearance. Also, it shall be so arranged that no vehicle is required to back into a public right-of-way. For purposes of this chapter, a trash pickup area shall not be considered a loading space.

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 communications, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The size of a lot within the lot lines and expressed in terms of acres and square feet excluding areas of public rights-of-way, or any land lying beyond the maximum permitted depth for lots in the zoning district of the Township in which the lot is situated.

LOT, CORNER

A lot abutting upon two or more streets or upon two parts of the same street, including shared driveways, forming an interior angle of less than 135°. A corner lot shall have two front yards and one side yard and one rear yard.

LOT COVERAGE

The percentage of the lot area that is covered by an impermeable and/or impervious surface. It is the sum of the building coverage and all other impermeable and/or impervious surfaces, i.e., noncovered patios, sealed driveways, parking lots, walkways, etc.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT FRONTAGE

The horizontal distance between the side lot lines, measured along the street line. In the case of a street of unidentified width, said line shall be assumed to be parallel with the center line of the street at a distance of 25 feet therefrom. The minimum lot frontage shall be the same as the lot width, except that, on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.

LOT, INTERIOR

A lot which has limited frontage on a public street and has access to a public street by a relatively thin strip of land; a flag-shaped lot or a lot which has access to a street only by way of an easement or right-of-way, such as a shared driveway, and does not front on a public street.

LOT LINE, FRONT

The line abutting a street and coinciding with the street line. In the case of a corner lot, the street-abutting lot line identified on the approved subdivision and/or land development plan as the front lot line; or in the case of an existing lot, the lot line designated on an approved site plan; or in the case of any other lot, the front lot line shall be construed to be the lot line on the same side as the main entrance. See also "lot frontage" and "lot, corner."

LOT LINE, REAR

The lot line which is opposite to the street line or, in the case of an interior lot, the front yard. See "lot, interior."

LOT LINE, SIDE

Any lot line which is not a front or a rear lot line.

LOT, REVERSE FRONTAGE

A lot extending between and having frontage on two generally parallel streets with vehicular access limited to one street. Access shall be from the local rather than a collector or arterial street.

LOT WIDTH

The horizontal distance measured between the side lot lines at the required front yard building setback line parallel to the road right-of-way.

LOW INTENSITY

As used in this chapter to modify or describe a particular land use, the term "low intensity" shall mean foregoing the need to acquire a New Jersey Department of Environmental Protection permit for effluent disposal.

MAINTENANCE GUARANTY

Any security, other than cash, that may be accepted by a municipality for the maintenance of any required improvements under authority of N.J.S.A. 40:55D-1 et seq. and this chapter.

MAJOR DEVELOPMENT

Any development (as defined herein) that provides for ultimately disturbing one or more acres of land or increasing impervious surface by 1/4 acre or more. Projects undertaken by any government agency which meet the definition of "major development," but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

[Added 5-9-2006 by Ord. No. 5-2006]

MAJOR SITE PLAN

Any site plan not classified as a minor site plan.

MAJOR SUBDIVISION

Any subdivision not classified as minor subdivision.

MANUFACTURED HOME

A unit of housing which:

(1) Consists of one or more transportable sections which are subsequently constructed off-site and, if more than one section, are joined together on site.

(2) Is built on a permanent chassis.

(3) Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation.

(4) Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the U.S. Department of Housing and Urban Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Public Law 93-383 (42 U.S.C. § 5401 et seq.), and the standards promulgated for a manufactured or mobile home by the Commissioner pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).[8]

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth and adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28, the adopted Master Plan of the Township of Pittsgrove.

MINOR SITE PLAN

A site plan which meets all of the following requirements:

(1) The combined total of less than 2,000 square feet of gross floor area will be converted to a new use and/or will be newly constructed.

(2) Less than 10 additional off-street parking spaces will be required.

(3) Less than 6,000 square feet of impermeable or impervious surfaces coverage will be added to the land, including but not limited to coverage by required new parking spaces and new construction.

(4) Less than 7,000 square feet of surface area of land will be disturbed [using the definition of "disturbance" that appears in the Soil Erosion and Sediment Control Act, (N.J.S.A. 4:24-39 et seq.)].

(5) The site plan will not be for earth extraction, resource extraction or mining.

MINOR SUBDIVISION

(1) A subdivision of land that does not involve:

(a) The creation of more than two lots, sites or other divisions of land in addition to any one retained parcel, for the purpose, whether immediate or future, of sale or building development.

(b) A planned development.

(c) Any new street.

(d) Extension of any off-tract improvement, the cost of which is to be prorated pursuant to the provisions of N.J.S.A. 40:55D-42.

(e) Does not adversely affect the development of the remainder of the parcel or of adjoining property.

(f) Does not conflict with any provisions of the Master Plan, Official Map or this chapter.

(2) In counting lots to determine whether or not a proposed subdivision is a minor subdivision, the following lots shall be counted:

(a) All lots to be created by the proposed subdivision.

(b) All lot(s) in excess of one that are to be retained by the subdivider.

(c) No lots shall be counted twice and in case of resubdivision, any lot eliminated or replaced shall be deducted.

(d) All lots created by prior subdivisions out of the original parcel since January 1, 1990.

MITIGATION

The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.

MOBILE HOME

A unit of housing which was fabricated in an off-site manufacturing facility, designed to be a permanent residence, built prior to enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective on June 15, 1976. See also "manufactured home." For purposes of this chapter, the terms "mobile home" or "manufactured home" shall not include:

(1) Self-propelled vehicles and other structures designed, constructed and reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a dwelling, sleeping place or for business purposes for one or more persons and having wheels, jacks, piers or skirting so arranged as to be integral with or portable by said mobile home.

(2) That type of dwelling known as a "recreational vehicle (RV)," "trailer," "camper," "travel trailer," "camp car," or "motor home," even though the same may be placed on a foundation.[9]

MOBILE HOME SPACE

The portion of a mobile home park in which a single mobile home or manufactured home may be located pursuant to the requirements of § 60-92D(3).

[Added 1-24-2006 by Ord. No. 1-2006]

MONOPOLE

A type of freestanding tower with a single shaft of wood, steel, or concrete and a platform (or racks) for antennas arrayed at the top.

MOTOR VEHICLE SERVICE STATION

See "gasoline service station."

MULCH

A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid in plant growth.

MULCHING

The application of plant residue or other materials to the land surface to conserve moisture, hold soil in place or aid in establishing a plant cover for land.

MUNICIPAL USE

Any use or development by the Township of Pittsgrove of property owned or leased by it or legally under its control by easement, license or otherwise. This shall include, but shall not be limited to, facilities used for the provision of sanitary sewer and/or potable water service, including pumping stations, wellfields, treatment facilities, storage facilities, vents and interconnections; recreation facilities, including parks, playgrounds, athletic fields and buildings used for indoor recreation; fire stations; police stations; communication facilities; administrative facilities; sites for the repair and/or storage of equipment and materials used for the provision of municipal services, including sanitation, road maintenance and snow removal, and all other Township capital improvements as defined herein.

[Added 1-24-2006 by Ord. No. 1-2006]

NATURAL DRAINAGE FLOW

The flow of surface water runoff along drainageways at rates and/or velocities or in quantities typical of drainage from the land in an undisturbed natural condition.

NATURAL DRAINAGE PATTERN

The usual predevelopment topographical pattern or system of drainage of surface water runoff from a particular site prior to land disturbances, including drainageways and watercourses which carry surface water only during periods of heavy rains, storms or floods.

NJDEP

The New Jersey Department of Environmental Protection.

[Added 5-9-2006 by Ord. No. 5-2006]

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

[Added 5-9-2006 by Ord. No. 5-2006]

NONCONFORMING LOT

A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure or building the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONHAZARDOUS SOILS

Contaminated soil is nonhazardous when both of the following criteria are met:

[Added 12-28-2004 by Ord. No. 2004-11]

(1) The contaminant levels are above the most stringent soil cleanup criteria established by the NJDEP.

(2) The waste is not classified as a hazardous waste by a state or federal agency having competent jurisdiction.

NUDITY or STATE OF NUDITY

The appearances of a human bare buttocks, anus, male genitals, female genitals or female breasts.

NUISANCE

An unreasonably offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, constituting a substantial invasion or disturbance of others' rights, including but not limited to an excessive or concentrated movement of noise, dust, smoke, fumes, odor, glare, flashes, vibration, shock waves, heat, electronic or atomic radiation, liquid or gaseous objectionable effluent.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

[Added 5-9-2006 by Ord. No. 5-2006]

OBSCENE MATERIALS

The definition of obscene materials set forth in P.L. 1978, c. 95, as amended by P.L. 1982, c. 211, Section l (effective December 23, 1982, as N.J.S.A. 2C:34-2) as the same shall be from time to time amended or supplemented, as well as in accordance with or not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.

OFF-SITE

Located outside the lot lines of the lot in question, but within the property (of which it is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-SITE COMMERCIAL ADVERTISING SIGN

A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

OFF-STREET PARKING SPACE

A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application nor a contiguous portion of a street or right-of-way.

OFF-TRACT IMPROVEMENT

Improvements made outside the original tract to accommodate conditions generated inside the original tract that are transferred off-site as a result of the proposed development.

ON-SITE

Located on the lot in question.

ON-STREET PARKING SPACE

A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

Any parcel or area of land or water 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 designed to be incidental to the natural openness of the land.

OPEN SPACE, USABLE

An unenclosed portion of a lot, parcel or common area which is not devoted to driveways, structures and other paved surfaces and improvements and is free of environmental obstructions such as rock outcroppings, slopes in excess of 10%, floodplains, marshes and wetlands, or other legal restrictions which would severely limit its use as intended.

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.

PARK DRIVE

Any street, avenue, boulevard, road, parkway, drive, alley, or other way that is not a "street" as defined herein, but which is used for motorized vehicular access within a mobile home park.

[Added 1-24-2006 by Ord. No. 1-2006]

PARKING AREA, PRIVATE

An open area, other than a street, intended for the same uses as a private garage.

PARKING AREA, PUBLIC

An open area, other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee or as an accommodation for clients or customers.

PARKING LANE

A lane usually set on the sides of streets, designed to provide on-street parking for vehicular traffic.

PARKING SPACE AREA

The area provided for the parking of a motor vehicle. This area is typically 200 square feet in a ten-foot by twenty-foot shape. For compact cars, this size can be reduced to nine feet by 18 feet , if permitted by the Land Use Board. Said space shall be served by an adequate drive and intended primarily for the parking of motor vehicles.

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, owners of the subject property and all owners of adjacent property and governmental agencies entitled to notice under N.J.S.A. 40:55D-1 et seq.

PERFORMANCE GUARANTY

Any security, including cash, which may be acceptable by the Township to ensure the installation of required subdivision and/or site plan improvements; provided that the Township shall not require more than 10% of the total performance guaranty in cash.

PERMEABILITY TEST (PERCOLATION TEST)

A test designed to determine the ability of ground to absorb water, and used in determining the suitability of a soil for drainage or for the use of a septic system.

PERSON

Any individual, corporation, company, partnership, firm, association, the Township of Pittsgrove, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

[Added 5-9-2006 by Ord. No. 5-2006]

PERVIOUS SURFACE

Any material that permits full or partial absorption of stormwater into previously unimproved land.

PLANNED DEVELOPMENT

(1) PLANNED COMMERCIAL CENTER An area of a minimum contiguous or noncontiguous size as specified by this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential or other uses incidental to the predominant uses as may be permitted by this chapter.

(2) PLANNED INDUSTRIAL DEVELOPMENT An area of minimum contiguous acreage defined by the zoning provisions 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 uses as may be permitted by this chapter.

(3) RESIDENTIAL CLUSTER A form of planned residential development to be developed as a single entity according to a plan containing residential housing units which have a private or public open space and/or farmland preservation area as an appurtenance and includes a reduction of specified dimensional controls applicable to individual lots.

PLANNING BOARD

The Planning Board of the Township of Pittsgrove established pursuant to N.J.S.A. 40:55D-25c. See also "approval authority."

PLANTS, THREATENED OR ENDANGERED

A plant species whose survival worldwide, nationwide, or in the state is in jeopardy.

PLAT

A map or maps of a subdivision or site plan, and is used interchangeably with "plan" in this chapter.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

[Added 5-9-2006 by Ord. No. 5-2006]

POTABLE WATER SUPPLY

Water suitable for drinking or cooking purposes.

PREAPPLICATION CONFERENCE

An initial meeting between developer(s) and the municipal representatives which affords developers the opportunity to present their proposals informally.

PREDEVELOPMENT

The conditions of the site previous to any modification of the land requiring municipal agency approval.

PRELIMINARY APPROVAL

The conferral of certain rights prior to final approval, after specific elements of a development plan have been agreed upon by the Land Use Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS

Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale, and relationship to its site and immediate environs.

PRELIMINARY SUBDIVISION PLAT

A map indicating the proposed layout of a development and related information that is submitted for preliminary approval.

PREMISES

One or more lots or contiguous parcels of land together with any buildings and structures thereon in single ownership, which ownership can be ascertained by reference to maps and records, or either, in the Office of the Tax Assessor of the Township of Pittsgrove or in the Salem County Clerk's Office.

[Added 12-28-2004 by Ord. No. 2004-11]

PRINCIPAL USE

The main purpose for which a lot or building is used.

PRIVATE COMMUNICATION DEVICE

Any antenna, satellite dish, or other device for television, radio, telephone, internet, or other communications signal or data transmission or reception, whether freestanding or mounted on a tower, pole, building or other structure, and including any tower, pole, building or other structure that is primarily for the purpose of supporting such antenna, satellite dish, or other device.

[Added 9-22-2010 by Ord. No. 3-2010]

PRIVATE SWIMMING POOL

See "swimming pool, private."

[Added 6-24-2008 by Ord. No. 6-2008]

PROFESSIONAL OFFICE

An office with sufficient area and uses to be utilized by a member of state-recognized and/or licensed professional such as an accountant, doctor, dentist, lawyer, architect, engineer, or planner. Such an office may include space and facilities to accommodate employees normally associated with such professional activity,

PROVIDER

When used in connection with the provision of local wireless communication services, a company that provides wireless services via a local communications facility.

PUBLIC DEVELOPMENT

Development, including subdivision, by any Township or other governmental agency.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage measures, surface water runoff control measures and soil erosion and sedimentation control measures, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency, or other public body for recreational or conservation uses.

PUBLIC SERVICE INFRASTRUCTURE

Sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.

PUBLIC SWIMMING POOL

See "swimming pool, public."

[Added 6-24-2008 by Ord. No. 6-2008]

PUBLIC USE OR FACILITY

A use, activity, or structure owned, operated and occupied by a Township, county, state or federal governmental agency or other public agency such as a Board of Education.

QUASI-PUBLIC USE

A nonprofit use serving the public or a significant portion thereof, not controlled directly by government or a governmental agency and financed in whole or in part by either public funds or public contributions. In addition, quasi-public facilities include those operated by nonprofit institutions or organizations, including homeowners' associations, which are operated by persons or groups of persons for public purposes but with only limited public control or accessibility.

QUORUM

The majority of the full authorized membership of a municipal agency.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

[Added 5-9-2006 by Ord. No. 5-2006]

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.

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, theme parks, hotels and motels.

RECREATIONAL VEHICLES

A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles or units including travel trailers, truck-mounted campers, motor homes, campers, folding tent campers and autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation or long-term occupancy are in this category. Snowmobiles, minibikes, dirt bikes, all-terrain vehicles, go-carts, and boat trailers are also deemed recreational vehicles.

RECYCLED SOILS

All soil mixtures or combinations of materials as listed, classified and regulated in accordance with N.J.A.C. 7:26A-1 et seq.

[Added 12-28-2004 by Ord. No. 2004-11]

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

RELIGIOUS USE FACILITY

A structure or use of land and/or buildings by a nonprofit organization for religious activities or by a religious organization for educational, charitable, or eleemosynary or philanthropic purposes.

RESIDENTIAL SITE IMPROVEMENT STANDARDS

The site improvement standards that are the administrative rules and the technical requirements that apply to new residential developments in New Jersey as promulgated in the New Jersey Administrative Code, Title 5, Chapter 21, (N.J.A.C. 5:21) under the provisions of the enabling legislation, P.L. 1993, Chapter 32, and located in the New Jersey Statutes Annotated at Title 40, Chapter 55D, Section 40 (N.J.S.A. 40:55D-40). They include technical standards for streets and parking, water supply, sanitary sewers, and stormwater management.

RESOURCE EXTRACTION

See "earth extraction."

RESTAURANT

An establishment where food and drink are prepared, served, and consumed primarily within the principal building. However, a snack bar or a refreshment stand at a public or community swimming pool, playground, game field or park operated solely by the agency or group operating recreational facilities and the for the convenience of the patrons thereof shall not be deemed to be a restaurant. "Restaurant" does not include take-out or drive-in establishments which permit the consumption of food within motor vehicles.

RESUBDIVISION

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, 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 instruments. The designation of a subdivision as a "resubdivision" shall be determined on the basis of the tract or parcel affected without regard to any change in ownership.

RESUBMITTED APPLICATION FOR DEVELOPMENT

An application for development, amended application for development, application submitted as part of a bifurcated development proposal, prior resubmitted application for development, or other application to the Planning Board that was previously withdrawn by the applicant or denied by the Planning Board without prejudice, and which is thereafter submitted in its identical form to the Planning Board by the same applicant. A resubmitted application for development shall be processed and reviewed by the Planning Board as a new application. A resubmitted application for development shall be subject to the application fee and escrow deposit requirements for resubmission or revision of any application per the fee schedule established in Pittsgrove Township Code § A120-1, provided that if the Planning Board determines that the date of submission of a resubmitted application for development is on or before the 30th day following the date of the Planning Board Secretary's receipt of the applicant's notice of withdrawal of the prior application, or on or before the 30th day following the Planning Board's adoption of its resolution denying the prior application without prejudice, then the Planning Board shall, at the applicant's request, waive the application fee for the resubmitted application for development on condition that the applicant's review escrow must be replenished within a Board-specified deadline in an amount sufficient to reimburse the Township for all professional fees relating to the prior application and to restore the review escrow to its initially required amount. A resubmitted application for development is not an "amended application for development" as defined in this Chapter 60. An application that has been denied with prejudice may not be resubmitted.

[Added 4-13-2011 by Ord. No. 4-2011]

RETAINING WALL

A wall that is not laterally supported at the top, designed to resist lateral soil load.

RETENTION BASIN

A pond, pool or basin used for the permanent storage of water runoff without a surface water discharge.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special reason.

RIGHT-OF-WAY LINES

The boundary lines of land used or intended for use as streets and utilities and from which setbacks or front yard depths and lot depths shall be measured. Where existing records are vague or show lesser dimension, they shall be considered to be not less than 50 feet apart, 25 feet from the center line thereof.

ROADSIDE STAND

A permanent structure, together with its surrounding display area and supporting off-street parking area, designed for the retail sale of farm produce and located as an accessory use in accordance with the provisions of this chapter. The intermittent sale of homegrown produce as an accessory use not involving a building or structure, not occupying more than 300 square feet and not creating any undue traffic hazards shall not be deemed to constitute a roadside stand.

RUNOFF

The water which is removed from the soil over the surface or through drains beneath the surface by natural and/or man-made means.

SCHEDULE OF DISTRICT REGULATIONS

The Zoning Schedule of District Regulations made part of this chapter.[10]

SCREEN

A structure or planting consisting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.

SEASONAL HIGH-WATER TABLE

The level below the natural ground surface to which water seasonally rises in the soil in most years.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

[Added 5-9-2006 by Ord. No. 5-2006]

SEDIMENTATION

The deposit of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.

SEPTIC SYSTEM

An underground system with a septic tank used for the decomposition of domestic wastes.

SETBACK

The distance between any building and any lot line.

SETBACK LINE

The line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed. See also "building setback line."

[Amended 12-8-2009 by Ord. No. 15-2009]

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.

SHADE TREE

A tree, usually deciduous, planted primarily for overhead canopy.

SHED

A small, free-standing accessory building (but not including a truck body, storage or transport container or vehicle, or any other structure or object lacking architectural features that are typically associated with buildings) used for accessory shelter or storage and not for residential occupancy.

[Added 12-11-2007 by Ord. No. 6-2007]

SHOPPING CENTER

See "planned commercial development."

SHOULDER

The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline, and used for emergency stopping of vehicles and parking.

SIDEWALK

A paved, surfaced, or leveled area, paralleling and usually separated from the street, but located within the right-of-way, and used as a pedestrian walkway.

SIGHT DISTANCE

The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.

SIGHT TRIANGLE

A triangular-shaped portion of land established at street intersections or driveways in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SIGN

Any permanent or temporary structure or part thereof, or any device attached, painted or represented directly or indirectly on a structure or other surface that displays or includes letters, artwork, insignia, flag or representation which is in the nature of an advertisement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property, and cornerstones built into or attached to a wall of a building are excluded.

SITE

The lot or lots upon which a development is to occur or has occurred.

[Added 5-9-2006 by Ord. No. 5-2006]

SITE PLAN

A development plan of one or more lots on which is shown:

(1) The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes, and waterways;

(2) The location of all existing and proposed buildings, drives, parking spaces or areas, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, signs, lighting and screening devices; and

(3) Any other information that may reasonably be required in order to make an informed determination pursuant to this chapter.

SITE PLAN REVIEW COMMITTEE

See "Subdivision and Site Plan Review Committee."

SOIL

Both surface topsoil and subsoil, and including dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of any of these.

[Added 12-28-2004 by Ord. No. 2004-11]

SOIL EROSION AND SEDIMENTATION CONTROL PLAN

A scheme which indicates land treatment measures, including a schedule of the timing of their installation, to minimize soil erosion and sedimentation before, during and after disturbance.

SOILS REUSE

Using soil that has contamination at levels above site-specific cleanup criteria for purposes such as landfill cover or recycling.

[Added 12-28-2004 by Ord. No. 2004-11]

SOILS THAT CONTAIN CONTAMINANTS BELOW REGULATORY CONCERN

Soils that contain contaminants at levels that are below the most stringent site cleanup levels established by the New Jersey Department of Environmental Protection for a specific site are not of regulatory concern.

[Added 12-28-2004 by Ord. No. 2004-11]

SOLAR ENERGY GENERATOR FACILITY STRUCTURE

An alternative energy generator facility component that supplies solar-generated electric energy.

[Added 9-22-2010 by Ord. No. 3-2010]

SPECIFIED ANATOMICAL AREAS

(1) Less than completely covered and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.

(3) Masturbation, actual or simulated.

(4) Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3) above.[11]

STANDARDS OF PERFORMANCE

Standards that are:

(1) Adopted by ordinance pursuant to N.J.S.A. 40:55D-65, Subparagraph D, 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 discharges, screening of unsightly objects and conditions, and such other similar matters as may be reasonably required by the Township; or

(2) Required by applicable federal or state laws or other municipal ordinance.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

[Added 5-9-2006 by Ord. No. 5-2006]

STORMWATER DETENTION

A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STORMWATER RETENTION

A provision for storage of stormwater runoff.

STORMWATER RUNOFF

The water flow on the surface of the ground or in storm sewers that results from precipitation

[Added 5-9-2006 by Ord. No. 5-2006]

STORMWATER MANAGEMENT BASIN

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

[Added 5-9-2006 by Ord. No. 5-2006]

STORMWATER MANAGEMENT MEASURE

Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

[Added 5-9-2006 by Ord. No. 5-2006]

STORMWATER MANAGEMENT ORDINANCE

Subsection X of Pittsgrove Code § 60-42.

[Added 5-9-2006 by Ord. No. 5-2006]

STORY

That part of a structure included between any floor and the floor or roof next above provided that there is a clear headroom of seven feet or more. When applied to the permissible height of buildings, the term "story" shall not include a basement if the floor thereof is below the average ground level around the structure.

STREET

Any street, avenue, boulevard, road, parkway, 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 shown on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Planning Board and the grant to the Board of the power to review plats. The term "street" includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. See also: "cul-de-sac," "marginal access street," and "alley." Streets and roads in the Township are classified according to their function as set forth in the adopted Township Master Plan (See "Circulation," p. VII-3).

STREET FURNITURE

Man-made, aboveground items that are usually found in street rights-of-way including benches, kiosks, planters, canopies, shelters, and phone booths.

STREET HARDWARE

The mechanical and utility systems within a street right-of-way such as hydrants, manhole, traffic lights and signs, utility poles, lines and service boxes or stations, parking meters and the like.

STREET HIERARCHY

The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifying streets according to function, from high traffic arterial roads down to streets whose function is residential access. See "Circulation," p. VII-3 of the adopted Township Master Plan.

STREET LINE

The dividing line between a lot and the outside boundary or right-of-way line of an opened or officially platted public street, or between a lot and a privately owned street easement line. Where title to land extends to the center of a street, a line 25 feet distant from the center line of such street shall be deemed to be the street line.

STREET, RIGHT-OF-WAY LINE

The line dividing a lot from the full street right-of-way, not just the cartway. For purposes of this definition, the word "street" shall include the words "road," "highway," "thoroughfare" and where applicable, "alley."

STRUCTURAL ALTERATION

Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above, or below the surface of land.

STUDIO or WORKSHOP

As permitted by this chapter, § 60-104, a facility or structure and/or property used for: the workshop of an artist, sculptor, photographer or craftsperson; or as an office for a professional or businessman such as an architect's office or a hairstylist salon.

SUBDIVISION

(1) The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other division 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:

(a) Divisions of land found by the Land Use Board or Subdivision and Site Plan Review Committee to be for agricultural purposes where all resulting parcels are five acres or larger in size;

(b) Divisions of property by testamentary or intestate provisions;

(c) Divisions of property upon court order, including but not limited to, judgments of foreclosure;

(d) Consolidation of existing lots by deed or other recorded instrument; and

(e) 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 Township.

(2) The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION AND SITE PLAN REVIEW COMMITTEE

A committee appointed by the chairperson of the Land Use Board for the purpose of reviewing, commenting, making site inspections and submitting recommendations with respect to subdivision and site plan applications to the Land Use Board for its consideration and action.

SUBGRADE

The natural ground lying beneath a road.

SUBMERGED LANDS

Those lands which are inundated with water throughout the year.

SUBMISSION DATE

See "date of submission."

[Added 4-13-2011 by Ord. No. 4-2011]

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however, include either any project for improvement of structure to comply with existing state or local health, sanitary, building maintenance or safety code specifications which are solely necessary to assure safe living conditions or any alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SURFACE WATER

All water standing or flowing upon the surface of the land.

SURFACE WATER RUNOFF CONTROL PLAN

A plan which fully indicates sufficient surface runoff control measures to effectively minimize surface water runoff damage before, during and after land disturbance.

SURVEYOR, LICENSED PROFESSIONAL LAND

An individual licensed in the State of New Jersey to practice land surveying pursuant to N.J.S.A. 45:8-27 et seq.

SWIMMING POOL

A man-made structure that impounds water where none would under natural circumstances be collected and that is regularly maintained for recreational use. No swimming pool having the capacity to impound water at a depth in excess of 24 inches may be constructed, installed or placed upon any lot in Pittsgrove Township unless the lot owner or occupant first obtains a zoning permit and all applicable construction permits. No swimming pool for which zoning and construction permits have been issued may be used or maintained until its proper construction, installation and/or placement have been confirmed by issuance of a certificate of approval by the Pittsgrove Township Construction Official.

[Added 6-24-2008 by Ord. No. 6-2008]

SWIMMING POOL, PRIVATE

A noncommercial, privately owned swimming pool constituting a structure and use that is accessory to a residential principal structure and use.

[Amended 6-24-2008 by Ord. No. 6-2008]

SWIMMING POOL, PUBLIC

Any swimming pool that does not meet the definitional requirements of "swimming pool, private."

[Amended 6-24-2008 by Ord. No. 6-2008]

TEMPORARY SHED

A small, free-standing accessory building (but not including a truck body, storage or transport container or vehicle, or any other structure or object lacking architectural features that are typically associated with buildings), located beyond the principal building setback line(s) on a single-family residential lot that has lot area of 40,000 square feet or less, and used for accessory shelter or storage and not for residential occupancy, that: is no more than 10 feet in height; conforms to all applicable lot coverage requirements; does not require any construction permit pursuant to the Uniform Construction Code (N.J.A.C. 5:23-1.1, et seq.) or shall not exceed 100 square feet; shall not have footings or any type of impervious cover; is not served by electricity, telephone, cable television, water, sewer, gas, or any other utility; and has no appurtenant, adjoining, adjacent or attached sidewalk, patio, porch, deck, or other structure. No more than one temporary shed may be installed per lot.

[Added 12-11-2007 by Ord. No. 6-2007]

TIME OF CONCENTRATION

The time required for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.

[Added 5-9-2006 by Ord. No. 5-2006]

TOPSOIL

The original upper layer of soil material to a depth of six inches which is usually darker and richer than the subsoil.

TOTAL WIND TURBINE HEIGHT

The distance measured from ground level to the turbine blade of a wind energy generator facility structure extended at its highest point.

[Added 9-22-2010 by Ord. No. 3-2010]

TOWNSHIP

The Township of Pittsgrove, Salem County, New Jersey.

TRACT

One or more lots assembled for the purpose of development.

TRAIL

A right-of-way containing a marker or beaten path, either paved or unpaved, for pedestrian, equestrian and/or bicycle use.

TRAIL HEAD

An area at the beginning of trail or path offering access to conservation or open space open to the public and including parking areas and other permitted amenities intended for the use of the public.

TRANSCRIPT

A typed or printed verbatim record of the proceedings or reproduction thereof.

TRANSFER STATION

A processing facility approved and licensed by the State Department of Environmental Protection used to receive and temporarily store solid waste at a location other than the generation site and which facilitates the bulk transfer of the accumulated solid waste to a facility for further processing or disposal.

TRANSITION LOT

A lot which is bisected by a boundary line between a residential zoning district on one side and a commercial or industrial zoning district on the other.

TRAVEL TRAILER

See "recreational vehicle."

TREE

A woody plant that has the potential to reach a height of at least 10 feet, has a single stem, and has a definite crown shape.

TRIP

A single or one-way vehicle movement to or from a property or study area. Trips can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

TRUCK TERMINAL

A building, premises or land whose principal use involves the storage and maintenance of trucks or the transferal of goods from one truck to another while such goods are en route from their origin to their destination.

USE

The specific purpose for which a parcel of land or a building or portion of a building is designed, arranged, intended, occupied or maintained.

USE, LOCAL RETAIL and SERVICE

Retail business which primarily serves a neighborhood and activities primarily serving families, households and individuals as distinguished from business and industries.

UTILITY DISTRIBUTION LINES

Lines, conduits or pipes, located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage, or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served.

VARIANCE

Permission to depart from the literal requirements of this chapter, pursuant to Subsection b of N.J.S.A. 40:55D-40 and Subsections c and d of N.J.S.A. 40:55D-70.

VELOCITY

The distance traveled in a specified amount of time, measured in feet per second.

VOLUME

The quantity of liquid, measured in gallons, acre feet or cubic feet.

WAREHOUSE

Any building, premise or land in which or upon which the principal use involves the storage of goods and materials.

WATERCOURSE

Any natural or artificial path of water movement having eroded banks, beds, boundaries or channels, whether perennial or intermittent, as well as the land thereunder, or any land area or use either naturally formed or artificially designed for the storage, passage, retention or flow of water, including but not limited to the following: lake, pond, canal, ditch, stream or swale. Where the level of water varies with the season, the annual rainfall and/or other factors, natural or artificial, it shall be measured by reference to the high-water mark.

WATERSHED

An area of land which collects surface water runoff draining toward lower elevation via a system of watercourses.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

[Added 5-9-2006 by Ord. No. 5-2006]

WETLANDS

Wetlands are those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the Natural Cooperative Soils Survey of the U.S. Soils Conservation Service and as defined in N.J.A.C. 7:50-6.3 through 6.5.

WETLANDS SOILS

Those soils designated as very poorly drained or poorly drained by the U.S. Soil Conservation Service of the Department of Agriculture, including, but not limited to, Atison, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns, and Freshwater Marsh and Tidal Marsh soil types.

WHOLESALE BUSINESS

Any building, premises or land in which or upon which the principal business operation or industry involves any handling and resale of goods in comparatively large quantities to others, but not usually to the ultimate consumer of an individual unit.

WIND ENERGY GENERATOR FACILITY STRUCTURE

An alternative energy generator facility component that supplies wind-generated electric energy.

[Added 9-22-2010 by Ord. No. 3-2010]

YARD

An open area with no buildings that lie between the permitted principal or accessory building or buildings and the nearest lot line. Such yard shall be unoccupied and unobstructed from the ground upward, except as provided otherwise in this chapter.

YARD, FRONT

A yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point on the lot where a building is permitted. In the case of corner lots or reverse frontage lots, front yard of the required depth shall be provided along all streets; or in the case of an interior lot, along the front property line.

YARD, REAR

A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point on the lot where a building is permitted.

YARD, SIDE

A yard extending the full depth of the lot along the side lot line and extending in width from such side lot to the nearest point on the lot where a building is permitted.

ZERO LOT LINE

The location of a building on a lot in such a manner that one or more of the building's sides rests directly on the lot line.

ZONING

The designation of specified districts within a municipality, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING MAP

The official Zoning Map of the Township of Pittsgrove, as amended.[12]

ZONING PERMIT

A document issued and signed by the Zoning Officer which:

(1) Is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

(2) Acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by the Land Use Board pursuant to N.J.S.A. 40:55D-60 or 40:55D-70.

[1] Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

[2] Editor's Note: See Ch. 37, Construction Codes, Uniform.

[3] Editor's Note: The Zoning Map is on file in the Township offices.

[4] Editor's Note: See also Ch. 13, Environmental Commission.

[5] Editor's Note: See Ch. 113, Sewage Disposal Systems, Individual.

[6] Editor's Note: See Ch. 54, Junkyards and Junk Dealers.

[7] Editor's Note: See Ch. 40, Dogs and Other Animals.

[8] Editor's Note: See Ch. 37, Construction Codes, Uniform.

[9] Editor's Note: See Ch. 64, Mobile Homes.

[10] Editor's Note: Said schedule is included at the end of this chapter.

[11] Editor's Note: The former definition of "specimen tree," which immediately followed this definition, was repealed 12-8-2009 by Ord. No. 15-2009.

[12] Editor's Note: The Zoning Map is on file in the Township offices.