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.
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. 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.
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 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 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."
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. 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.
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.
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.
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.
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 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.
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.
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.
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 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 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.
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 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.
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.
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.
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.
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.
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, 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]
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.).
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.
(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.
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.
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.
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, 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 CENTERAn 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 DEVELOPMENTAn 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 CLUSTERA 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."
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]
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]
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 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.
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.
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]
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.
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]
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.
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 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]
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.
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.
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.
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.
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.