ADMINISTRATIVE OFFICERS FOR PLANNING BOARD FUNCTIONS means the secretary of the planning board; for zoning board functions, the secretary of the zoning board.
ADVERSE EFFECT means conditions or situations on an applicant's property or on any nearby property, which are impractical, unsafe or unsatisfactory, or contrary to the purposes of this title as set forth in Section 16.04.020, and which conditions or situations are created, aggravated or caused by the proposed subdivision or site plan.
AGRICULTURAL PURPOSE means for purposes of exempting a division of land from the provisions of this title, land that will be used solely for growing and harvesting of crops and/or the raising and breeding of livestock and on which no structure other than a fence or a building to contain livestock or for storage will be erected.
APPLICATION means a complete set of maps, application forms, supporting documents and reports prepared and submitted in accordance with this title. An incomplete submission shall not constitute and application.
APPLICATION FOR DEVELOPMENT means any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands area, except as provided in Section 16.08.160(A).
APPROVAL AGENCY means any board, body, authority, or person within the township with authority to approve or disapprove subdivisions, site plans, zoning permits, construction permits or other applications for development approval.
CARTWAY means the hard or paved surface portion of a street customarily used by vehicles in their regular course of travel. Where there are curbs, the cartway is that portion between the edges of the paved and/or grade width.
CERTIFICATE OF FILING means a certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.
COMPREHENSIVE MANAGEMENT PLAN means the plan and amendments thereto adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, referred to in this title as the CMP.
CONSERVATION EASEMENT means grant or grants to the township sufficient to permit the township to fulfill the intent and purpose of this easement as provided in Section 16.20.080(C).
DEVELOPER means any person or entity submitting an application for approval of any activity for which submission is required under the land use ordinances of Bass River township or the municipal Land Use Law 40:55D.
DEVELOPMENT APPROVAL means any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
DEVELOPMENT, MAJOR . "Major development" means any division of land into four or more lots; any construction or expansion of any housing development of four or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of five thousand (5,000) square feet.
DEVELOPMENT, MINOR . "Minor development" means all development other than major development.
DRAINAGE means the removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AND UTILITY EASEMENT means a grant or grants to the township or the county of Burlington sufficient to permit the township or the county to fulfill the intent and purpose of the easement as provided in Sections 16.04.030, 16.20.040(E) and 16.20.080 of this title.
DRAINAGE AND UTILITY RIGHT-OF-WAY means and includes the lands required for the installation and maintenance of stormwater sewers, sanitary sewers, water mains, drainage ditches, and other utilities, or lands required along a natural stream or watercourse for the purpose of access and maintaining and preserving the channel and providing for the flow of water therein in accordance with Chapter 1 of Title 58 of the Revised Statutes, as amended.
FINAL PLAT means the final map of all or a portion of the subdivision or site plan which is presented to the planning board and governing body for final approval in accordance with this title and which, if approved, is to be filed in the Burlington County clerk's office.
INTERESTED PERSON OR PARTY means any persons whose right to use, acquire or enjoy property is or may be affected by any action taken under this title or whose right to use, acquire, or enjoy property under this title 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 title.
INTERIM RULES AND REGULATIONS means the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
LOT means any parcel or portion of land separated from other parcels or portions by description as by a subdivision plat, deed of record, survey map or by metes and bounds, which separate parcels when under one ownership and contiguous, conform with the zoning ordinance regulations for the zoning district in which they are located. Contiguous undersized lots for the zone in which they are located and which lots are under one ownership shall be considered one lot. No portion of a street or cartway shall be included in calculating the lot boundaries or areas.
MAINTENANCE GUARANTEE means any security which may be accepted by the governing body for the maintenance of any improvements required by this chapter.
MASTER PLAN means a composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the planning board.
MUNICIPAL AGENCY means either the zoning board or the planning board of Bass River township before which an application for development is property pending.
OFF-SITE IMPROVEMENTS means improvements located outside the land being subdivided or site planned which improvements must be made to accommodate conditions generated as a result of the development of the subdivision.
OWNER means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having legal title to the land.
PERFORMANCE GUARANTEE means any security which may be accepted by the governing body to guarantee the completion of the required improvements before final plat approval, including performance bond with responsible surety authorized to do business in the state of New Jersey, or escrow agreements secured by cash or certified check.
PINELANDS AREA means that area designated as such by Section 10(a) of the Pinelands Protection Act and as shown on zoning map.
PINELANDS COMMISSION means the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
PINELANDS DEVELOPMENT REVIEW BOARD means the agency responsible from February 8, 1979 until June 28, 1979 for the review of an action on applications for development in the Pinelands area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
PINELANDS PROTECTION ACT means N.J.S.A. 13:18A-1-29, as amended. "Plat" means the map of a subdivision or site plan.
PRELIMINARY PLAT OF MAJOR SUBDIVISION OR SITE PLAN means the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the planning board for consideration of tentative approval.
RESUBDIVISION means the further division of a lot; or the adjustment of a lot line or lot lines; or the combining of two or more contiguous lots into a fewer number of lots.
RIGHT-OF-WAY means the total width and length of a street, water course, utility path, or other way and within which all improvements and rights of access are confined.
SIGHT TRIANGLE EASEMENT means a grant or grants to the township of Bass River or the county of Burlington sufficient to permit the township to fulfill the intent and purpose of the easement as provided for in Section 16.20.030(J) of this title.
SILTATION BASIN means a facility designed to collect silt and eroded soil from a designated area.
SITE PLAN means the design of the improvements to a lot to be used for any use other than one single or two family dwelling, the design to include drainage, paving, parking, ingress and egress of traffic, location of utility lines and location of all building and other improvements to the lot.
SITE PLAN, MAJOR . "Major site plan" means any site plan not classified as minor by the planning board.
SITE PLAN, MINOR . "Minor site plan" means any site plan involving less than five acres and which does not, as determined by the planning board, involve any of the factors listed under items 1 through 11 of the definition of minor subdivision in this section, applying the same to site plans rather than divisions.
SKETCH PLAT means the sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Chapter 16.12 of this title.
STREET means any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or township roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Planning Act (R.S. 40:55A-1 et seq., as amended) and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this title, streets shall be classified to conform to the Bass River Township master plan as follows:
1."Arterials" means those state or federal highways which serve to carry heavy volumes of regional traffic through the township at relatively high speeds.
2."Local connector roads" means those streets and roads which carry traffic to the major systems of arterial streets, including the principal entrance streets and streets for major circulation within residential developments.
The edge of the existing or future street right-of-way whichever would result in the widest right-of-way as shown on an adopted master plan or official map, forming the dividing line between the street and property line. For the purpose of relating the street line to the setback requirements of the zoning ordinance, this definition shall control.
STREET RIGHT-OF-WAY EASEMENT means a grant or grants to the township sufficient to fulfill the intent and purpose of the easement as provided for in Section 16.20.030(G) of this title.
SUBDIVISION means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this title to effect a subdivision of land.
SUBDIVISION means the division of a lot, tract or parcel of land into two or more lots for the purpose, whether immediate or future, of sale or building development: Except that the following divisions shall not be considered a subdivision provided, however, that no new streets or roads are involved; (1) Division of land exclusively for agricultural purposes where the resulting parcels are five acres or larger in size and the proposed agriculture subdivision is declared exempt by the planning board. Any such declaration of agricultural exemption shall contain the condition that the parcel being created be used exclusively for agricultural purposes and such limitation shall be set forth in any deed conveying the exempt parcel; (2) Division of property by testamentary or intestate provisions; or (3) Division of property upon court order (see Chapter 16.24). Subdivision also includes resubdivision and where appropriate to the context, relates to the process of subdividing or to the land or territory that is divided.
SUBDIVISION AND SITE PLAN COMMITTEE means a committee of at least three board members, appointed by the chairman of the board, with the approval of the majority of the board, for the purpose of reviewing subdivision and site plan applications prior to action by the entire board to determine whether such applications comply with all ordinance provisions and to make recommendations to the board for classification and action. The committee may be delegated other duties relating to land subdivision which may be conferred on this committee by the board through a motion duly adopted and recorded.
SUBDIVISION, MAJOR . "Major subdivision" means any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR . "Minor subdivision" means any subdivision resulting in not more than three lots (including the remaining portion of the tract but not including any lot(s) offered to the township for road widening) all fronting on an existing street and not involving any new street or road or the extension of municipal facilities or the installation of any street improvements, and not creating a condition which directly or indirectly adversely affects the development of either the remainder of the parcel or nearby property. For purposes of calculating the number of lots involved, any lots created during a five year period immediately preceding the application out of the same parcel as the land which is the subject of the application shall be included in the number of lots. In addition to the above requirements, any subdivision which involves any of the following may be declared to be a major subdivision at the discretion of the planning board:
1. Significantly affecting the existing environment; and
2. Require the extension of any municipal improvements or facilities; and
3. Require the extension or improvement of any existing street or roadway; and
4. Been the subject of a subdivision application within five years immediately preceding the filing of the new application; and
5. Impair the intent and purposes of the zone plan and master plan; and
6. Allow the subdivision of lots in any area where the natural water table is less than thirty-six (36) inches below natural grade; and
7. Create additional lots on any land fronting on or adjoining any stream, waterway, or watercourse, whether or not such duly created lots will front directly on such stream, waterway, or watercourse; and
8. Subdivide on which there is any stand or "virgin timber"; and
9. Subdivide any lands which are the subject of farm land assessment pursuant to the provisions of N.J.S.A. 54:4-73.l; and
10. Subdivide any lands utilized for agricultural purposes during the five year next preceding the subdivision application; and
11. Subdivide any lands abutting on, contiguous or adjacent to any land owned by the federal, state, county or township governments. (Ord. 89-9 §§ 100, 200 and 400)
ACCESSORY STRUCTURE OR USE is a structure or use which:
1. Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting, and storage as well as washing, grading and packaging of unprocessed produce grown on-site;
2. Is subordinate in area, extent and purpose to the principal structure or principal building or a principal use;
3. Contributes to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served;
4. Is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this title.
AGRICULTURAL EMPLOYEE HOUSING means 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.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE means any production of plants or animals useful to man, including but not limited to: forages or sod crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the Federal Government.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM means an individual or community on site waste water treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10, Part IV:
1. Ashco RFS III;
2. FAST;
3. Cromaglass;
4. Bioclere; and
AMENDMENT is means for making changes to the certified local master plan or local land use ordinance.
ANIMALS, THREATENED OR ENDANGERED . For "threatened or endangered animals" see N.J.A.C. 7:50-6.32. Applicant. See "developer."
APPLICATION FOR DEVELOPMENT means any application filed with any permitted agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in Section 17.32.070.
APPROVAL AGENCY means any board, body, authority or person within the township with authority to approve or disapprove subdivisions, site plans, zoning permits, construction permits or other applications for development approval.
AUTOMOBILE LAUNDRY means any establishment for the washing of automobiles or other motor vehicles, using a chain or other conveyor to move the vehicles and/or using various automatic devices for the application of soap, water, steam, air, or other materials required in the cleaning process.
AVERAGE FINISHED GRADE means the mean height or level of completed lawn, walk, or driveway surfaces, as shown on official plans or designs relating thereto, adjoining the front facade of the building.
BASEMENT means a story of a building that is partly underground which has more than one-half of its interior height, measured from the floor to finished ceiling, below the average finished grade of the ground adjoining the building.
BILLBOARD means 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.
BLOCK means the length on one side of a street between two street intersections.
BOARDING HORSES AND OTHER LARGE ANIMALS . Large animals are defined in the "Recommended Guidelines For Home Animals Agricu1ture in Residential Areas Guidelines of Leaflet 501 Published November 1982 by Rutgers University" (hereinafter referred to as the Rutgers Guidelines), is not a general agricultural use. The boarding and keeping (keeping is defined as the harboring of animals, either owned by the property owner or anyone else) of up to twenty (20) horses or other large animals on the property with a residential dwelling shall be considered a home occupation and is subject to the home occupation requirements of this chapter. The boarding and keeping of over twenty (20) horses or other large animals shall be considered a commercial use, and shall be subject to the requirements of the township's site plan ordinance.
BUFFER ZONE means a required open space area to be landscaped or naturally planted along district boundary lines, as shown on the zoning map, in connection with industrial or commercial uses.
BUILDING means any structure having a roof supported by columns or walls, including tents, lunchwagons, trailers, dining cars, camp cars or other structures on wheels or other supports; any unroofed platform terrace or porch, having a vertical face higher than three feet above the level of the ground from which the height of the building is measured. The term "building" shall include "structure" and the term "structure" shall include "building."
BUILDING LINE means a line parallel to the street at a distance therefrom equal to the depths of the front yard required for the district under consideration. No part of a building may extend closer to the street than the building line. Roofed porticos, whether open or enclosed, shall be considered as a part of a building when measuring distances from the street line and lot lines. Existing roofed porches and porticos may only be permanently enclosed when they comply with all setback or rear yard requirements and all side yard requirements.
CAMPER means a portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation, or other consecutive, short-term use. Camper includes motor homes and travel trailers, but does not include mobilehomes, house trailers, or other trailers used as permanent dwellings.
CAMPGROUND means an area utilized for the placement of tents, camp trailers, motor homes, or other structures or conveyances, which are not permanent dwellings, and any other facilities used in connection therewith, or any area on which the activity generally referred to as camping takes place.
CAMPSITE . Same as campground.
CHANNEL means the bed and banks of a stream which convey the normal flow of the stream.
CLUB means any organization catering exclusively to members and their guests, or any organization for religious, vocational, civic, recreational, or athletic purposes, which is not conducted for financial gain.
COMMISSION means the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
COMPREHENSIVE MANAGEMENT PLAN means the plan and amendments thereto adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, referred to in this title as the CMP.
CONTIGUOUS LANDS means 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.
COVERAGE means that percentage of the plot or lot area covered by all structures other than retaining walls, hedges, and fences.
DAY . For purposes of computing time limits, the word "day" in this title refers to a calendar day. "Density" means the average number of housing units per unit of land.
DEVELOPER means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT means the change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:
1. A change in type of use of a structure or land;
2. A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
3. A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
4. Commencement of forestry activities resource extraction drilling, or excavation on a parcel of land;
5. Demolition of a structure or removal of trees;
6. Deposit of refuse, solid or liquid waste or fill on a parcel of land;
7. In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
8. Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
DEVELOPMENT APPROVAL means any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
DEVELOPMENT, MAJOR . "Major development" means any division of land into four or more lots, any construction or expansion of any housing development of four or more dwelling units; any construction or expansion of any commercial or industrial use or structures on a site of more than three acres; or any grading, clearing, or disturbance of an area in excess of five thousand (5,000) square feet.
DEVELOPMENT, MINOR . "Minor development" means all development other than major development.
DISTRICT, ZONING . "Zoning district" means a portion of the territory of the township within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this title.
DORMITORY means a structure containing sleeping rooms of not less than eighty (80) square feet each; and containing complete sanitary facilities although not necessarily within individual rooms; and without cooking facilities in individual rooms; and occupied only by students and assigned supervisory staff of an educational institution.
DRAINAGE means the removal of surface water or groundwater from land by drains, grading or other means and includes control of run-off to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DWELLING means any structure or portion thereof which is designed or used for residential purposes.
DWELLING, DETACHED . "Detached dwelling" means a building detached from other buildings for residential purposes by one family and which has its own cooking, sleeping, sanitary and general living facilities.
DWELLING, MULTIPLE . "Multiple dwelling" means a building containing more than two dwelling units.
DWELLING, SINGLE-FAMILY . "Single-family dwelling" means a detached building designed for, or occupied by, one family only.
DWELLING UNIT means any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.
EARTH EXTRACTION means the removal of sand, topsoil, gravel, fill dirt or ilmenite or clay products for sale or reuse at another site exclusive of agricultural soil conservation works, excavation incidental to agricultural operations or the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.
ELECTRIC DISTRIBUTION LINES means all electric lines other than electric transmission lines.
ELECTRIC TRANSMISSION LINES means electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and: (1) Another substation of the utility company; (2) A substation of or interconnection point with another interconnecting utility company; (3) A substation of a high-load customer of the utility.
ENLARGEMENT means an addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in that portion of a tract of land occupied by an existing use.
ENVIRONMENTAL COMMISSION means a municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
EROSION means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICE means structures and physical improvements, whether publicly or privately owned, necessary to permit the orderly development of an area, including such facilities as streets, water, sewage, gas, telephone, and electric lines; supporting structures such as manholes, catch basins, underground pumping stations, and underground transformer stations; but not including generating or storage plants; processing stations, maintenance yards, administration headquarters facilities, aboveground utility poles with major subdivisions.
FAMILY means one or more persons related by blood, adoption or marriage, living and cooking together, as a single housekeeping unit, exclusive of household servants. A number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family.
FARM means any parcel of land containing at least five acres used for general purpose agriculture, which includes the raising of agricultural or horticultural products, livestock, poultry and their resultant products.
FIRE HAZARD means the classification of a parcel of land in accord with the following:
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
FISH AND WILDLIFE MANAGEMENT means 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.
FENCE OR WALL means 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 a property.
FLOATING HOME means any vessel in fact used, designed, or occupied as a permanent dwelling unit, business office, or source of any occupation, or for any private or social club of whatsoever nature, including, but not limited to, a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of Bass River township; whether such vessel is self-propelled or not and whose volume coefficient is greater than three thousand (3,000) square feet. Volume coefficient is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.
FLOATING HOME MARINA means that area within Bass River township covered by any waterway within the township where one or more sites or locations are rented or offered for rent, sold, or offered for sale for the location of floating homes.
FLOODPLAIN means in sections of the township involving areas along tidal portions of any river, stream, or body of water, land subject to an intermediate regional tidal flood shall constitute a floodplain as delineated by the U.S. Corps of Army Engineers. In areas adjoining any other natural stream, drainage course or water body, a floodplain shall include Berryland, Muck, and Pocomoke soils as delineated by the Soil Survey for Burlington County, U.S. Department of Agriculture.
FLOODWAY means any portion of a floodplain lying within fifty (50) feet of the adjacent channel edge of a natural stream or within twenty-five (25) feet from the edge of a lake or center line of any watercourse other than a natural stream.
FLOOR AREA, GROSS . "Gross floor area" means the sum of the total horizontal area of the several floors of a building, excluding basement space, unless designed to be used for customary visits by commercial clientele, but including the area of permanent roofed porches and terraces. All dimensions shall be measured from the outside face of exterior walls or from the center line of parting or common walls.
FLOOR AREA, HABITABLE . "Habitable floor area" means area fully enclosed by the inside surfaces of walls, windows, doors, and partitions and having a headroom of at least six feet six inches including living, eating, cooking, sleeping, storage, circulation, service, utility and other related household spaces but excluding garages, carports, porches, unheated sheds, and basements. Attics or portions thereof may be considered habitable floor area provided they are fully finished and meet the proper height requirements.
FORESTRY means the growing and harvesting of trees for commercial purposes, except that 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. Removal of trees directly associated with the use of the property for a nursery, garden center, Christmas tree plantation, or orchard;
3. Removal of trees directly associated with the development of the property as otherwise authorized by this title;
4. Removal of trees necessary for the maintenance of utility or public rights-of-way;
5.Removal of trees for the personal use of the property owner; and
6.Removal of trees for public safety.
GARAGE, PRIVATE . "Private garage" means an accessory building incidental to a dwelling unit, as defined herein, which accessory building is intended for the off-street storage of motor vehicles belonging to the inhabitants of such dwelling unit, but in which garage no business service or occupation is conducted or rendered for profit. The rental storage space for more than two cars not owned by persons residing on the premises is considered a business profit.
GARAGE, REPAIR . "Repair garage" means a building used for the off-street storage of motor vehicles, the provision of incidental gasoline service, the sale of accessories and the repair of motor vehicles excluding body work.
GASOLINE SERVICE STATION means 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 hand washing of motor vehicles and the sale, installation and minor repair of automobile accessories, such as tires and batteries.
GLARE means illumination whereby a source of light, producing a reading of fifty (50) or more on a Standard Weston Photographic light meter or equivalent at a distance of three feet is visible from the public right-of-way or a reading of zero point eight (0.8) or more is found when such meter or equivalent is held anywhere on a residential property line.
HABITAT means the natural environment of an individual animal or plant, population, or community.
HEIGHT OF BUILDING OR STRUCTURE means the vertical distance from the established average finished grade to the highest point on the building or structure.
HISTORIC RESOURCE means any site, building, district, area, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local and municipal level.
HOME OCCUPATION means an occupation or profession which is clearly incidental to the use of the lot and dwelling for residential purposes and is carried on by a member of the family residing on the premises; does not involve more than one employee not living on the premises; does not occupy more than twenty (20) percent of the principal residential structure or more than three hundred (300) square feet of an accessory structure; does not have any exterior evidence of such secondary use other than one sign as per Section 17.20. 100 and does not include the storing of any stock in trade outside a principal or accessory building. In connection with the operation of a home occupation or home professional office, only external operations which are customary to residential buildings shall be permitted. In the case of any home occupation or home professional office involving customer or patient visitation, adequate off-street parking shall be provided in conformance with standards contained in this title. The boarding and keeping of up to twenty (20) horses or other large animals on a property with a residential building shall be considered a home occupation. The maintenance of a horse and large animal boarding occupation for up to twenty (20) horses or other large animals shall be subject to the following acreage conditions: a minimum of one acre for the first two animals and an additional minimum of one acre for each additional animal. For purposes of this section, "acreage" shall be defined as land which is owned by the user or under a long term lease or written agreement for its use and is the primary residence of the user, or is contiguous to his primary residence and usable and accessible for the keeping and maintaining of horses, cattle, and other large animals. Surface water bodies and wetlands shall not be included in the acreage calculations. Unusable land as defined in the Rutgers Guidelines shall not be counted in or toward the acreage calculations.
HOTEL OR MOTEL means any structure providing overnight accommodation; in other than dwelling units, for hire to the traveling public, and where only a general kitchen and dining room are provided within the building or as an accessory building.
HOUSE, APARTMENT . "Apartment house" means the same as structure, multifamily.
HOUSE, BOARDING . "Boarding house" means a rooming house in which the renting individuals are also served with meals prepared in one kitchen by the owner or operator of the house in return for a valuable consideration.
HOUSEBOAT means those vessels not designed primarily for residential dwelling units, designed primarily for pleasure craft, recreation, and for independent navigation, whose volume coefficient is less than or equal to three thousand (3,000) square feet and not considered a floating home in accordance with the definition set forth in "floating home."
HOUSE, ROOMING . "Rooming house" means a single-family house, wherein furnished rooms without cooking facilities are rented for a valuable consideration to one or more individuals unrelated by blood or marriage to the owner or operator of the house.
HOUSE, ROW OR TOWN . "Row or town house" means the same as structure, multifamily. "House trailer" means the same as mobilehome.
HYDROPHYTES means any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILY means those persons related by blood or legal relationship in the following manner: grandparents, grandchildren parents, sons, daughters, brothers and sisters, nieces and nephews, aunts and uncles and first cousins.
IMPERMEABLE SURFACE means any surface which does not permit fluids to pass through or penetrate its pores or spaces.
INDUSTRIAL PARK means an area planned for specific industrial and commercial operations, the coordinated development of which is carried out under unified management and is governed by approved design, plot size, setback, height, open space, buffering and performance standards.
INSTITUTIONAL USE means any land used for the following public or private purposes: Educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries, cultural facilities such as libraries, galleries, museums, concert halls, theaters, and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries and other similar facilities.
INSTITUTION OF HIGHER LEARNING means an educational institution of higher learning chartered by the state of New Jersey or a private educational institution approved by and subject to regulations prescribed by the state of New Jersey and giving instruction or affording facilities for study in academic or technical subjects only at or above the college level.
INTERESTED PERSON OR PARTY means any persons whose right to use, acquire or enjoy property is or may be affected by any action taken under this title or whose right to use, acquire or enjoy property under this title 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 title.
INTERIM RULES AND REGULATIONS means the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
JUNK YARD means the use of more than one thousand (1,000) square feet in the case of an agricultural parcel or more than two hundred (200) square feet of the area of any other lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins a public thoroughfare, for the storage, keeping, processing or abandonment of waste paper, rags, scrap metal or other discarded material, or the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof.
KENNEL means any building or land parcel used for the keeping of dogs and other small household pets. The keeping of more than five such animals on any one property constitutes a kennel.
LAND means and includes the surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.
LANDFILL means sites, including open dumps, where solid waste, liquid and dry sewage sludge, and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purpose of this title solid waste transfer stations shall not be considered landfills.
LANDOWNER means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having legal title to the land. The holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land, may file an application as the landowner for the purpose of this title.
LANDSCAPING means the installation of plant material or seed as a part of development.
LOADING SPACE means any off-street space not less than twelve (12) feet in width, seventy (70) feet in length, and fourteen (14) feet in height available for the loading or unloading of goods, having direct access to a street or alley and so arranged that no vehicle is required to back into a street.
LOT means a designated parcel, tract, or area of land established by a plat or as otherwise permitted by law and to be used, developed, or built upon as a unit.
LOT, CORNER . "Corner lot" means a lot fronting on two streets at their intersection.
LOT DEPTH is the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT FRONTAGE means the horizontal distance measured along the full length of the front line. In the case of a corner lot, the shorter of the two street lines shall be considered as the frontage.
LOT LINE, FRONT . "Front lot line" means the right-of-way line of a street which a lot or parcel abuts.
LOT LINE, REAR . "Rear lot line" means a lot line other than a street line which is the farthest lot line from the street. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed.
LOT LINE, SIDE . "Side lot line" means a continuous line which runs back from an intersection with the front lot line and which forms the boundary line between the lot and the adjacent parcel land.
LOT WIDTH means the distance between the side lot line measured at right angles to the depth of the lot, along the front setback line.
MARINA means a dock or base and operated for profit or to which public patronage is invited providing moorings or marine services primarily for power yacht launches or other water craft other than floating homes, and which is also capable of removing any and all crafts moored within the marina, out of the water for repair or as a result of emergent conditions.
MOBILEHOME means any vehicle or similar conveyance so designed or constructed as to permit its transportation as a fully built unit and to permit occupancy for dwelling purposes on a permanent basis.
MOBILEHOME PARK means a land parcel upon which two or more mobilehomes for dwelling purposes are located on a permanent basis. Includes trailer court, trailer park or trailer coach park, when so used.
MOTEL . See "hotel" or "motel."
MOTOR HOME means a self-propelled vehicle, less than eight feet in width and less than thirty-five (35) feet in length, which is used for sleeping and other temporary human occupancy during the course of activities commonly known as "camping" or "caravaning."
NATURAL STREAM means a naturally eroded channel with visible evidence of banks and bed, as distinguished from a swale which shows no evidence of natural erosion, except occasional gullying, and from a ditch, which is an artificially excavated channel.
NAVIGABLE WATERS means water capable of being traversed by pleasure craft.
NONCONFORMING BUILDING means a building in its design or location upon a lot which does not conform to the regulations of this title for the district in which it is located and which was not in violation of any ordinance at the time of its construction.
NONCONFORMING LOT means a lot or land parcel which does not have the minimum width or depth, or contain the minimum area for the district in which it is located or the use to which it is being put.
NONCONFORMING USE means a use of a building or land lawful at the time it was commenced which does not conform with the permitted uses of this title for the district in which it is located.
NURSING OR CONVALESCENT HOME means a private institution where the aged, ill, or injured may receive minor medical, surgical or psychiatric treatment, nursing, food, lodging, care, etc., during illness or convalescence.
PARCEL means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designed by its owner as land to be used as a unit.
PARKING LOT means an area which contains two or more off-street parking spaces.
PARKING SPACES, OFF-STREET . "Off-street parking spaces" means an area not less than ten (10) feet by twenty (20) feet, exclusive of driveways appurtenant and giving access thereto, accessible from a street but not located on a street, and which is both suitable and intended for the parking of a passenger motor vehicle.
PERSON OR PARTY means an individual, corporation, public agency, business trust, partnership association, two or more persons having a joint or common interest, or any other legal entity.
PINELANDS AREA means the area designated pursuant to Section 10(a) of the Pinelands Protection Act.
PINELANDS DEVELOPMENT CREDIT means a use right allocated to certain lands within the township and the Pinelands area pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on certain other lands within the Pinelands area.
PINELANDS DEVELOPMENT REVIEW BOARD means the agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on applications for development in the Pinelands area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
PINELAND PROTECTION ACT means N.J.S.A. 13:18A-1 to 29, as amended.
PINELANDS RESOURCE RELATED USE means any use which is based on resources which are indigenous to the Pinelands including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
PIGGERY means a place where pigs are assembled for growth or fattening before slaughter.
PLAT means one or more maps of a subdivision or a site plan which shows the location, boundaries and ownerships of individual properties.
PRESERVATION AREA means that area so designated by Section 10(b) of the Pineland Protection Act.
PLANTS, THREATENED OR ENDANGERED . "Threatened or endangered plants" means a Pinelands plant species whose survival worldwide, nationwide, or in the state is in jeopardy.
PROTECTION AREA means all land within the Pinelands area which is not included in the preservation area.
PUBLIC DEVELOPMENT means development, including subdivisions by any township or other governmental agency.
PUBLIC PURPOSE means the use of land by the township committee, school board, or some officially created municipal agency or authority.
PUBLIC SERVICE INFRASTRUCTURE means 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.
RECOMMENDED MANAGEMENT PRACTICE means the management program which employs the most efficient use of available technology, natural, human and economic resources.
RECREATIONAL FACILITY, INTENSIVE . "Intensive recreational facility" means any recreational facility which does not satisfy the definition of low-intensity recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels, and motels.
RECREATIONAL FACILITY, LOW-INTENSITY . "Low-intensity recreational facility" means a facility or area which complies with the standards in Section 17.20.2 10 and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It includes such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, and bicycling.
SEASONAL HIGH WATER TABLE means the level below the natural ground surface to which water seasonally rises in the soil in most years.
SIGN means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, or city, or any fraternal, religious or civic organizations; merchandise, pictures or models of products or service incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.
SPECIMEN TREE means any tree of exceptional size which is listed by the New Jersey Division of Parks and Forestry. A listing of such trees and a map showing their location maintained at the principal offices of the Pinelands Commission.
STANDARD SUBSURFACE SEWAGE DISPOSAL SYSTEM means a system for disposal of sanitary sewage into the ground, which meets the standards of N.J.A.C. 7:9-2.1 et seq. and which is designed and constructed to treat sewage in a manner that will retain most of the settleable solids in a septic tank and to discharge the liquid effluent to an adequate disposal field; excluding those systems which utilize a dosing tank or other comparable system to store and deliver doses of septic tank effluent to the disposal field and those systems that utilize sand filtration.
STRUCTURAL ALTERATION means any change in either the supporting members of a building, such as bearing wall columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
STRUCTURE means a combination of materials to form construction for occupancy, use or ornamentation having fixed location on, above or below the surface of land attached to something having a fixed location on, above or below the surface of land.
SUBDIVISION means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions with the meaning of this title, if no new streets are created: (1) Divisions of land bound by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; (2) Divisions of property by testamentary or intestate provisions; (3) Divisions of property upon court order, including but not limited to judgments of foreclosure; (4) Consolidation of existing lots by deed or other recorded instrument; and (5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBMERGED LANDS means those lands which are inundated with water throughout the year. Trailer. See the definition of mobilehome.
TRAILER, CAMP OR COURT . See the definition of mobilehome park.
TRAILER, TRAVEL . "Travel trailer" means structures less then eight feet in width and less than thirty (30) feet in length and not used for purpose of day-to-day habitation, but designed to be moved from place to place, and which may be entirely enclosed or partially enclosed with canvas or other material and which are used for sleeping and other temporary human occupancy during the course of activities commonly known as "camping" or "caravaning."
UTILITY DISTRIBUTION LINES means 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.
VEGETATION means any plant material including grasses, shrubs and trees.
WATERCOURSE means 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 or swale.
WETLANDS means those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soils Conservation Service of the United States Department of Agriculture, and further defined in N.J.A.C. 7:50-6.3 through 6.5.
WETLAND SOILS means those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Baybor, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
YARD means an open space on the same lot with a principal building, unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this title.
YARD, FRONT . "Front yard" means the yard extending across the entire width of the lot between the street right-of-way line and the nearest part of any building. In the case of lots having frontage on two or more streets, front yards shall be provided along each street frontage. In the case of corner lots, required front yard depth shall be provided along all street frontages. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear-front yard lines shall be parallel.
YARD, REAR . "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots, there will be no rear yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum depth required by district regulations with its inner edge parallel to the rear lot line.
YARD, SIDE . "Side yard" means a yard extending along the side lot line from the front yard to the rear lot line. In the case of through lots, side yards shall extend between the required front yard lines. In the case of corner lots, there shall be only one side yard, adjacent to the interior lot line. Width of a required side yard shall be measured in such manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the side lot line. (Ord. 2002-9 § 1; Ord. 2001-8 §§ 1, 2; Ord. 93-5 § 2(B); Ord. 90-15 § 1 (part); Ord. 89-8 Arts. 1, 2 and 3)