ACRE : An acre is an area of land that contains 43,560 square feet.
ADMINISTRATIVE OFFICER : For Planning Board matters, the Board Engineer; for Board of Adjustment matters, the Board Engineer; and for certificate of subdivision approval, the Board Engineer. All plans shall be filed with the respective Board Secretary, however, the appropriate Board Engineer shall be responsible for issuing a certificate of completeness in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. When a matter has been appealed to the Township Committee and/or is pending before the Township Committee, the Administrative Officer shall be the Clerk of the Township.
ADVERSE AFFECT : Conditions or situations creating imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a subdivided property or adjacent property such as improper circulation and drainage rights-of-way as defined in N.J.S.A. 40:55D-38, as amended, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, locating lots in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this Chapter.
AGRICULTURE : The growing and harvesting of crops and/or the raising and breeding of poultry, horses and livestock including dairies, nurseries, greenhouses and accessory building incidental to agricultural uses.
AGRICULTURAL PURPOSES : The use of land solely for the growing and harvesting of crops and/or the raising and breeding of animals.
ALTERATION OF BUILDING : Any change in supporting members of a building, except such change as may be required for its safety; an addition to a building; any change in use from one District classification to another; or removal of a building from one location to another.
APPLICANT : A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT : The application form and all accompanying documents required by ordinance for approval of a subdivision plat, 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 of the Municipal Land Use Law.
APPROVING AUTHORITY : The Planning Board of Millstone Township unless a different agency is designated by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
BASEMENT : A portion of a building lying partly underground and having less than one-half (1/2) of its clear ceiling height below the average grade of the adjoining ground. For the purposes of this Chapter, a basement shall be considered to be a story.
BOARD : The Planning Board or Zoning Board of Adjustment of the Township of Millstone as the case may be acting pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
BOARD OF ADJUSTMENT : The board established pursuant to N.J.S.A. 40:55D-69.
BUFFER AREA : A strip of land which separates commercial, office or industrial-type zoning districts from adjoining residential districts so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences. Within any such buffer area, no buildings, structures, driveways, parking or loading area or other use of land shall be permitted unless otherwise provided in this Chapter.
BUILDING : A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING AREA : The total area of the outside dimensions, on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of paved terraces or steps.
BUILDING COVERAGE : The area of a lot which is covered by buildings as measured from the outside of the exterior walls of the ground floor of all principal and accessory buildings on the lot.
BUILDING FLOOR AREA RATIO : The sum of the floor area of buildings compared to the total area of the site.
BUILDING HEIGHT : The vertical dimension measured to the highest point of a building from the average elevation of the finished grades along all sides of the building, provided that if the finished grade is higher than the predevelopment grade at any point beneath the building, then the building height shall be measured from an elevation no higher than one (1) foot above the highest point of the predevelopment grade beneath the building. In all cases where this ordinance provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.
BUILDING, PRINCIPAL : A building in which is conducted the main use of the lot on which said building is situated.
BUILDING SETBACK LINE : The line to which the principal building must conform in its setback from the street line. The building setback line is a line drawn the required setback distance for the zone from and parallel to the future right-of-way line of the street. For the purposes of this Chapter the future right-of-way line and front street property line shall always be coterminous.
CABLE TELEVISION COMPANY : A cable television company as defined pursuant to N.J.S.A. 48:5A-3.
CAPITAL IMPROVEMENT : A governmental acquisition of real property or major construction project.
CARTWAY : The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width. Cartway shall be synonymous with the word "pavement width."
CELLAR : A portion of a building lying partly underground and having more than one-half (1/2) of its clear ceiling height below the average grade of the adjoining ground. For the purposes of this Chapter, a cellar shall not be considered to be a story.
CENTER LINE OF STREET : A line midway between and parallel to the two (2) street or property lines.
CERTIFICATE OF OCCUPANCY : A certificate issued by the Construction Official and enforced by the Zoning Officer upon completion of the construction of a new building or upon change or conversion of the structure or use of a building, which certifies that all requirements and regulations as provided herein and all other applicable requirements have been complied with and as further defined in the New Jersey Uniform Construction Code.
CHANGE IN USE : Any alteration or modification which results in a use not substantially of the same kind or purpose as the original use, including but not limited to the following circumstances:
a. Any change from an industrial use to any other industrial use;
b. Any increase in the number of dwelling units in a structure which would result in three (3) or more total units;
c. Any increase in the number of commercial units in a structure;
d. Any change from any nonresidential use to any other use for which any standard set forth in this Chapter is greater or more restrictive;
e. Any change from a residential use to any nonresidential use;
f. Any change in use from any existing or permitted use to any conditional use;
g. Any change from any existing or permitted use ("the old use") to a different permitted use ("the new use") where the new use would be classified as falling within a more intensive use category than would the old use, when such comparison is applied to the following general use categories arranged from less intense to more intense (for example, retail business is deemed more intense than professional office which is deemed more intense than residential use, etc.):
Residential Use
Professional Office
Retail Business
Other Office
Business other than Retail and Commercial Except Industrial
Industrial
h. Any change in use which would yield a higher number of parking stalls, as indicated by subsection 7-3.5 of the Land Use and Development Regulations.
1. Any change in use which would increase the anticipated yield of sanitary sewage, as determined by Section 7:9A-7.4, "Volume of Sanitary Sewage" of Title 7, "Department of Environmental Protection - New Jersey Administrative Code."
j. Any change in use which will increase water supply requirements for the structure as compared to the existing use(s).
CIRCULATION : Systems, 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 the handling of people and goods by such other means as terminals, stations, warehouses, and other storage buildings or transshipment points.
CLUBHOUSE : A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
CLUSTER : See "Residential Cluster."
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.
COMPLETE APPLICATION : An application form completed as specified by ordinance and the rules and regulations of the Municipal Agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to a site plan or subdivision plat; provided that the Municipal Agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Municipal Agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the Municipal Agency, and shall be deemed complete as of the day it is so certified by the Administrative Officer for purposes of the commencement of the time period for action by the Municipal Agency.
CONCEPT PLAN : A conceptual plan submitted by an applicant for the development of a site for discussion and review on an informal basis. When requested, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. There shall be no review fee for such an informal submission. The developer shall not be bound by any concept plan for which review is requested and the Board shall not be bound by any such review.
CONDITIONAL USE : A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning regulations, and upon the issuance of an authorization therefor by the Planning Board.
CONSERVATION EASEMENT : A grant or grants to the Township sufficient to permit the Township to preserve and conserve woodlands, wetlands, floodplains, steep slopes and other areas of environmental significance from future development or adverse disturbance.
CONVENTIONAL : Development other than planned development.
DAYS : Calendar days.
DBH : Diameter at Breast Height or three (3) feet measured from the ground.
DEAD END STREET : (Cul-de-sac) A minor street with only one outlet.
DENSITY : The permitted number of dwelling units per gross area of land to be developed.
DEVELOPER : The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT : The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT REGULATION : A zoning, subdivision, site plan, official map or other municipal ordinance or regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
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, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AND UTILITY RIGHT OF WAY : The lands required for the installation and maintenance of storm water and sanitary sewers, water pipes or drainage ditches and other utility, or required 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.
DWELLING, DETACHED : A building containing one (1) dwelling unit.
DWELLING UNIT : A room or series of connecting rooms containing living, cooking, sleeping and sanitary facilities for one (1) household.
EASEMENT : A right granted to the Township or other governmental authority for the use of private land for certain public and quasi-public purposes.
ENDANGERED SPECIES : Any plant or animal species whose prospects for survival are in immediate danger because of a loss or change in habitat, over-exploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent further extinction.
ENGINEER (PLANNING BOARD) : The official licensed professional engineer appointed by the Planning Board of Millstone Township.
ENGINEER (TOWNSHIP) : The official licensed professional engineer appointed by the Township Committee of Millstone Township.
ENVIRONMENTAL COMMISSION: A municipal advisory body created pursuant to N.J.S.A. 40:56A-l et seq.
ENVIRONMENTAL IMPACT AND ASSESSMENT STATEMENT (SEIA) : A statement of environmental impact and assessment which for the purpose of this Chapter shall consist of studies, reports, documents, maps and findings of fact prepared by an applicant as part of a development application. Said SEIA shall be consistent with and shall contain all that information, data and documentation contained in Article 9.
EROSION : The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLAN : A plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be equivalent to or exceed standards adopted by the Freehold Soil Conservation District pursuant to N.J.S.A. 4:24-2 et seq., the New Jersey Soil Erosion and Sedimentation Control Law.
FARM BUILDING : Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products and provided that such building is located on, operated in conjunction with, and necessary to the operation of a farm. See definition of "Non-farm."
FINAL APPROVAL : The official action of the Planning 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 guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT : The final map of all or a portion of a subdivision which is presented to the Board for final approval in accordance with the provision of this Chapter, and which, if approved, shall be filed with the Monmouth County Clerk.
FLOODPLAIN : The relatively flat terrain adjoining a water channel which has been or may be hereafter covered by flood water of the channel.
FLOOR AREA : The sum of the gross horizontal areas of the several floors of a building measured from the exterior walls, but not including any space where the floor-to-ceiling height is less than six (6) feet.
FLOOR AREA RATIO : The sum of the area of all floors of buildings or structures compared to the total area of the site.
FLOOR AREA RATIO, BUILDING : See "Building Floor Area Ratio."
GASOLINE SERVICE STATION : Any area of land, including structures thereon, that is used for the sale of gasoline or other motor substances, and which may include the sale of motor vehicle accessories, the rental of automobiles, trucks and trailers, and facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
GOLF COURSE : An area of fifty (50) or more contiguous acres containing a full size professional golf course, at least nine (9) holes in length, together with the necessary and usual accessory uses and structures.
GOVERNING BODY : The Township Committee of the Township of Millstone.
HISTORIC DISTRICT : One (1) or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE : Any real property, manmade structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.
HOME OCCUPATION : Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit or on the lot on which the dwelling unit is located.
HOMEOWNERS ASSOCIATION : An incorporated, nonprofit organization operating under a recorded land agreement through which:
a. Each lot owner, condominium owner, stockholder under a cooperative development, or other owner of property or interests in the project shall be member;
b. Each occupied dwelling unit is subject to a charge for a proportionate share of the expenses for the organization activities and maintenance, including any maintenance costs levied against the Association or the Township; and
c. Each owner and tenant has a right to use the common property.
HOUSEHOLD : One (1) or more persons living together in a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
INTERESTED PARTY : An interested party means:
a. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey;
b. In the case of a civil proceeding in any court or in any administrative proceeding before a Municipal Agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose rights to use, acquire, or enjoy property under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under N.J.S.A. 40:55D-1 et seq.
KENNEL : A commercial establishment in which more than five (5) dogs and/or other domesticated animals more than one (1) year old are housed for the purpose of grooming, breeding, boarding, training and/or sale.
LAND : Improvements and fixtures on, above or below the surface.
LANDSCAPE PLAN : A plan prepared by a New Jersey Certified Landscape Architect or other authorized professional which shows the location and sizes of existing shade and ornamental trees and shrubs which are proposed to be retained, removed, thinned, or pruned; the location and quantity of all proposed planting material; a planting list or schedule indicating the botanical and common names of all proposed plant material, their minimum size at the time of installation, root condition and spacing; planting details indicating the method of plant installation, including backfill mixture, staking, trunk protection, etc.; areas to be sodded or seeded with turf, wildflowers, or other seed mix to include the rate of seeding, methods of soil preparation and stabilization, type and amount of fertilizer, topsoil or soil treatment to be applied; and areas proposed for wildlife protection and wetlands restoration through the use of native plantings of trees, shrubs, grasses, wildflowers, ferns and other plant materials, staking, trunk protection, etc.; areas to be sodded or seeded with turf, wildflower or other seed mix to include the rate of seeding, seeding specifications, methods of soil preparation and stabilization, type and amount of fertilizer, topsoil or soil treatment to be applied and areas proposed for wildlife protection and restoration through the use of native or indigenous plantings of trees, shrubs, grasses, wildflowers, ferns and other plant materials.
LAND DISTURBANCE : Any activity involving the clearing, grading, transportation, filling of land and any other activity which causes land to be exposed to the danger of erosion.
LOADING SPACE : An off-street area reserved for the temporary parking of a commercial vehicle while loading or unloading.
LOCAL UTILITY : Any sewerage authority created pursuant to the "Sewerage Authority Law," N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the "Municipal and County Utilities Law," N.J.S.A. 40:14B-1 et seq.; or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provide gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
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 total area within the lot lines of a lot, excluding any street rights-of-way.
LOT, CORNER : A lot fronting upon two (2) or more streets at their intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
LOT COVERAGE : The area of a lot which is covered by buildings and other impervious materials.
LOT DEPTH shall mean the horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT FRONTAGE : The distance measured on a horizontal plane between the side lot lines measured along the street line. The minimum lot frontage shall not be less than the required lot frontage except that on curved alignments with an outside radius of less than five hundred (500) feet, the minimum distance between the side lot lines measured at the street line shall not be less than seventy (70) percent of the required minimum lot frontage. Where the lot frontage is so permitted to be reduced, the lot width at the building setback shall not be less than the required minimum frontage of the zoning district and further provided that no lot shall have a frontage less than seventy-five (75) feet, unless specifically provided for by the zoning district regulations. For the purpose of this Chapter, only continuous uninterrupted lot lines shall be accepted as meeting the frontage requirements.
LOT, INTERIOR : A lot other than a corner lot.
LOT, THROUGH : A lot either fronting upon two (2) parallel streets or fronting upon two (2) streets that do not intersect with each other along the boundaries of the lot.
LOT LINE : Any line forming a portion of the exterior boundary of a lot. The lot line is the same as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level.
LOT, WIDTH : The distance between the property side lines, measured at the building setback line as herein or otherwise established.
MAINTENANCE GUARANTEE : Any security which may be accepted by the Township for the maintenance of any improvements required by N.J.S.A. 40:55D-1 et seq., including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
MAJOR SUBDIVISION : Any subdivision not classified as a minor subdivision.
MASTER PLAN : A composite of the mapped and written proposals recommending the physical development of the Township which shall have been duly adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28.
MINOR SITE PLAN : A development plan for one or more lots which:
a. Requires site plan approval, and
b. Meets the requirements set forth in Article 4, Administration and Procedures, of this Chapter and contains the information needed to make an informed determination as to whether the requirements established by this Chapter for approval of a minor site plan have been met, and
c. Meets the following conditions:
1. The construction of drainage facilities is not required either on or off-site,
2. New building construction and/or building additions do not exceed one thousand (1,000) square feet of gross floor area,
3. The proposed development does not increase parking requirements by more than five (5) spaces,
4. The proposed development does not involve planned development,
5. The proposed development does not involve any new street or the extension of any existing street,
6. The proposed development does not involve the extension or construction of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42, and
7. The proposed development does not involve the disturbance of five thousand (5,000) or more square feet of ground area.
MINOR SUBDIVISION : Any subdivision of land:
a. For the creation of not more than two (2) lots (one new lot plus the remainder of the original lot), or
b. Composed of parcels six (6) acres or more fronting on an existing street or road. Each lot created by this subsection (b) shall be subject to a deed restriction prohibiting its further subdivision. Such deed restriction shall provide that it runs to the benefit of the Township of Millstone and each owner of a lot which was created at the same time by virtue of the minor subdivision and that the restriction may not be removed or modified without the specific written consent of all parties, including the Township.
To qualify as a minor subdivision under either the above subsections, the subdivision shall not involve (1) planned development, (2) any new street, or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 of the Municipal Land Use Law and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provisions or portion of the Master Plan, Official Map, Zoning Ordinance, and amendment or amendments thereof, provided however, that a subdivision defined as a minor subdivision in accordance with paragraph a. above which would otherwise qualify as a minor subdivision shall be classified as a major subdivision, if the proposed subdivision represents the re-subdivision of an original tract of land as to which a previous minor subdivision had been approved by the Planning Board within one (1) year prior to the date of the application for the proposed subdivision.
MOBILE HOME PARK : Any plot of ground upon which two (2) or more trailers occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.
MOUNDED DISPOSAL FIELD : Mounded disposal field means a disposal field for a subsurface sewage disposal system of the type described pursuant to N.J.A.C. 7:9A-1.1 et seq. The term shall also include the term mounded soil replacement disposal field.
MUNICIPAL AGENCY : The Planning Board, Board of Adjustment or Township Committee of the Township of Millstone when acting pursuant to N.J.S.A. 40:55D-1 et seq.
MUNICIPAL RESIDENT : A person who is domiciled in Millstone Township.
MUNICIPALLY SPONSORED AFFORDABLE HOUSING CONSTRUCTION : Low and moderate income units produced by a municipality with or without the participation of a non-profit corporation. (Ord. No. 2015-18 § 1)
NON-FARM : Any parcel which is less than six (6) acres in size, or, if over six (6) acres in size, is not used primarily for agriculture.
NONCONFORMING LOT : A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, 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 the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE : A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OCCUPANCY : The specific purpose for which land or a building is used, designed or maintained.
OFF-STREET PARKING SPACE : An off-street parking area for passenger vehicles including the storage area of each vehicle and necessary maneuvering area of each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way. Every off-street parking facility shall be accessible from a public street. Accessory garage space(s) for storage of one (1) or two (2) automobiles shall be considered off-street parking space(s).
OFFICIAL COUNTY MAP : The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of the County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP : A map adopted by ordinance pursuant to Article 5 of the Municipal Land Use Law, N.J.S.A. 40:55D-32 et seq.
OFFSITE : Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way abutting the property of which the lot is part.
OFF-TRACT : Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ONSITE : Located on the lot in question and excluding any abutting street or right-of-way.
ON-TRACT : Located on the property which is the subject of a development application or on the closest half of an abutting 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 building, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. Open space shall include wildlife-corridors, wildlife preservation easements, riding or hiking trails. See also subsection 5-6.5 c.
OVERLAY ZONE : An area designated by the Millstone Township Land Use and Development Regulations which covers a portion of, or all of, one (1) or more underlying zone districts. Within an overlay zone, development is subject to the control of certain additional uniform regulations and requirements which supplement the underlying zone requirements and standards.
OWNER : Any individual, family group, firm, association, syndicate, co-partnership, corporation or trust having sufficient proprietary interest in the land which is subject to a development proposal under this Chapter.
PARTY IMMEDIATELY CONCERNED : For purposes of notice by an applicant for development, the owners of the subject property and all owners of property and governmental agencies entitled to notice under N.J.S.A. 40:55D-12.
PERCOLATION (PERC) TEST : A percolation test required prior to the construction of an individual sewage disposal system conducted in compliance with Chapter 199 of the Laws of the State of New Jersey, N.J.S.A. 58:10A-1 et seq., Water Pollution Control Act, and meeting the minimum and maximum rules, regulations and standards of said law and the Millstone Township Board of Health as specifically enumerated in N.J.A.C. 7:9A-1 et seq. Standards for Individual Subsurface Sewage Disposal Systems approved by the New Jersey Department of Environmental Protection effective January 1, 1990 or as currently amended. The administrative authority for the review, approval or rejection of all percolation tests and soil logs shall be the Millstone Township Board of Health and their authorized agent shall be the Township Health Officer or his licensed designee.
PERFORMANCE GUARANTEE : Any security, which may be accepted by the Township, including cash; provided that the Township shall not require more than ten (10) percent of the total performance guarantee in cash.
PLANNED COMMERCIAL DEVELOPMENT : An area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one (1) 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 use as may be permitted by ordinance.
PLANNED DEVELOPMENT : Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED UNIT RESIDENTIAL DEVELOPMENT : An area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD : The Planning Board of the Township of Millstone established pursuant to Article 2 of the Municipal Land Use Law, N.J.S.A. 40:55D-23 et seq.
PLAT : The map of a subdivision or a site plan.
a. Concept Plan: The concept map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article 9 of this Chapter.
b. Preliminary Plat: The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board or Board of Adjustment of Millstone Township consideration and tentative approval and meeting the requirements of Article 9 of this Chapter.
c. Final Plat: The final map of all or a portion of the subdivision which is presented to the Township for final approval in accordance with these regulations, and which, if approved, shall be filed with the proper County Recording Officer.
PRELIMINARY APPROVAL : The conferral of certain rights pursuant to N.J.S.A. 40:55D-46, -48 and -49 of the Municipal Land Use Law prior to final approval after specific elements of a development plan have been agreed upon by the 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.
PRIVATE SCHOOL : An institution of education whose general course work is comparable to the public school system and whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
PROFESSIONAL OFFICE : The office of a member of a recognized profession including the offices of doctors, ministers, architects, professional engineers, planners, lawyers, real estate brokers and such similar professional occupations.
PUBLIC AREAS : Public areas means (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL : A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGE WAY : The land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC OPEN SPACE : An open space area conveyed or otherwise dedicated to the Township, a municipal agency, Board of Education, State or County agency, or other public body for recreational or conservational uses. See also subsection 5-6.5 c.
PUBLIC UTILITY : Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
QUORUM : The majority of the full authorized membership of a Municipal Agency.
RECREATION CAMP : A plot of ground upon which is located, established or maintained for recreation purposes including day camps, picnic grounds, outdoor learning centers, outdoor athletic facilities such as soccer, baseball, softball, football, lacrosse, field hockey, swimming pools and related activities. Recreation Camp does not include overnight camping in accordance with the New Jersey Public Campground Regulations as defined in N.J.A.C. 8-22.1 et seq. (Ord. No. 96-17)
REPLACEMENT TOPSOIL : Where insufficient (less than six (6) inches) naturally occurring topsoil exists on-site, replacement topsoil shall be provided. Replacement topsoil shall meet the following minimum requirements:
a. Materials shall not be blended to form topsoil. Organic content shall be at least three (3) percent and not more than ten (10) percent.
b. Topsoil shall be friable and classify as loam as defined by the USDA Soil Textural Classification System. Topsoil shall be free of debris, vegetation, and stones larger than two (2) inches.
c. Topsoil shall possess low plasticity for workability. The liquid limit shall be less than forty (40) and plasticity index less than fifteen (15) per ATM D4318.
d. Topsoil shall possess a natural pH range of 6.0 to 8.0 and have a conductivity of less than 0.5 millohms per centimeter.
e. If the topsoil is brought in from off-site, the material must be certified as free of contamination.
RESIDENTIAL CLUSTER : An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY : The number of dwelling units per gross acre of residential land including streets, easements and open space portions of a development.
RESTAURANT : An establishment at which food is sold for consumption on the premises, normally to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, or park shall not be deemed to be a restaurant.
RESTAURANT-CATEGORY ONE : A restaurant which is designed for and whose primary function and operation is the preparation and service by employees of meals to a customer or customers seated at the table at which the meal is consumed. A restaurant-category one operates without substantial carry-out or delivery service; and has no drive-thru, drive-in, or service in vehicles.
RESTAURANT-CATEGORY TWO : A restaurant which is designed for and whose primary function and operation is the preparation and service by employees of food or drink to a customer or customers as part of an operation which may include carry-out or delivery service; self-service; or on premises consumption except that no drive-thru, drive-in, or service in vehicles is provided.
RESTAURANT-DRIVE-IN : An establishment designed to permit the majority of patrons to purchase food, soft drinks, ice cream, and similar confections for consumption in automobiles parked upon the premises.
RESTAURANT-DRIVE-THRU : A restaurant which is designed for and whose primary function and operation is the preparation and service by employees of food or drink to a customer or customers as part of an operation which may include carry-out or delivery service; self-service; on premises consumption; and which provides customer pick-up service utilizing a vehicular drive-thru.
RESUBDIVISION : Resubdivision means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
RIGHT-OF-WAY : The total width and length of the course of a street, watercourse, water body, utility alignment or other way and within which all improvements and rights of access are confined.
SEDIMENTATION : The deposition 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.
SETBACK : The distance from the nearest part of the building (excluding an open porch or steps, and overhanging eaves of not more than two (2) feet) to the nearest part of the front property line.
SHADE TREE COMMISSION : The Millstone Shade Tree Commission established pursuant to N.J.S.A. 40:64-1 et seq. Tree shall mean any woody perennial plant, having a diameter of four (4) inches measured at a point of three (3) feet above the ground.
SIGHT EASEMENT AT INTERSECTION : A triangular shaped area established in accordance with the requirements of this Chapter in which no grading, planting or structure shall be erected or maintained, except for street signs, fire hydrants or utility poles.
SIGN : Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.
SITE PLAN : A development plan of one (1) 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, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to this Chapter requiring review and approval of site plans by the Planning Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SLOPE : A measurement of the rise or descent of the surface of land determined on a percentage basis where the vertical distance is divided by the horizontal distance. (Example: A rise of 5 feet over a horizontal distance of 100 feet would be 5 divided by 100 equals .05 or 5%).
SOIL CONSERVATION DISTRICT : A governmental subdivision of the State, which encompasses Millstone Township, organized in accordance with the provisions of N.J.S.A. 4:24-2 et seq. and hereinafter referred to as the Freehold Soil Conservation District.
STANDARDS OF PERFORMANCE : Standards (1) adopted by ordinance pursuant to N.J.S.A. 40:55D-65 et seq., regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township or (2) required by applicable Federal or State laws or Township ordinances.
STORY : That part of a building between the surface of any floor and the next floor above it, or in its absence, then the finished ceiling or roof above it. A "split level" story shall be considered a second story if its floor level is six (6) feet or more above the level of the line of the finished floor next below it except the basement. Any floor under a sloping roof at the top of a building which is more than two (2) feet below the top plate shall be counted as a story and if less than two (2) feet below the top plate, it shall be counted as a half story provided not more than sixty (60) percent of the floor area is used for rooms, baths or toilets; otherwise it shall be counted as that fraction of a story which its floor area in rooms, baths or toilets bears to the entire floor area.
STREAM : Any pond or lake or perennial or intermittent waterway depicted on any of the following: the most recent United States Geological Survey 7.5 minute topographic map quadrangles: The Monmouth County Soils Report prepared by the U.S. Soil Conservation Service; the Natural Resource Inventory for the Township of Millstone.
STREAM CORRIDOR : A stream corridor is the stream channel (the bed and banks of a stream that confine and conduct continuously or intermittently flowing water or the bed and banks of a pond or lake), the area within the one hundred (100) year flood line, and the stream corridor buffer. Where no one hundred (100) year flood has been delineated, the stream corridor shall consist of the stream channel and stream corridor buffer area.
STREAM CORRIDOR BUFFER : An area extending a minimum of seventy-five (75) feet and an average distance of one hundred (100) feet from the one hundred (100) year flood line. If there is no one hundred (100) year flood line delineated, the distance shall be measured outward from the bank of the stream channel, lake, or pond. If slopes greater than ten (10) percent, or wetlands, or wetland transition areas abut the outer boundary of the stream corridor, the area of such slopes, wetlands and wetlands transition areas shall also be included within the boundaries of the stream corridor buffer area.
STREET : Any street, avenue, boulevard, road, parkway, viaduct, drive or other way: (1) which is an existing State, County or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided in N.J.S.A. 40:55D-l, et seq., or (4) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street rights-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET, ARTERIAL : A street which is used or planned to be used primarily for fast or heavy traffic.
STREET, COLLECTOR : A street which is used or planned to be used to carry traffic from minor streets to the major system of arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
STREET, MARGINAL ACCESS : A street which is parallel and adjacent to arterial streets and highways; and which provides access to abutting properties and protection from through traffic.
STREET, LOCAL-STANDARD : A street which is used primarily for access to abutting residential properties.
STREET, LOCAL-WOODSY LANE : A street which is used primarily for access to abutting residential properties, has no through traffic and has standards of design for limited rural residential development.
STREET LINE : 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, or as required by this Chapter, forming the dividing line between the street and the lot. The minimum street line shall be a point twenty-five (25) feet from the center line of the existing street.
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 the land.
SUBDIVIDER : Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this Chapter to effect a subdivision of land hereunder for himself or for another with the written consent of the owner.
SUBDIVISION : The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of N.J.S.A. 40:55D-1 et seq. and this Chapter if no new streets are created:
a. Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) 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 Township development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the Township.
The term "subdivision" shall also include the term "resubdivision."
SUITABLE HABITAT : Habitat that contains sufficient vegetative cover and food supply to sustain the needs of a particular threatened or endangered species.
SWIMMING POOL : A facility constructed above or below grade having a depth of more than two (2) feet and/or water surface of one hundred (100) square feet or more and designed and maintained for swimming purposes. The term shall also include all appurtenance buildings, structures or equipment accessory thereto.
TECHNICAL REVIEW COMMITTEE : A committee consisting of the Planning Board Chairperson, the Environmental Commission Chairperson, the Class III Member of the Planning Board, the Planning Board Attorney and the Planning Board Engineer for the purpose of reviewing pending development applications with applicant representatives; to comment upon technical compliance with applicable Land Use Regulations; to answer questions from and to provide technical guidance to applicant representatives; and to conduct itself in accordance with Planning Board rules, regulations and resolutions, as applicable.
THREATENED SPECIES : Any plant or animal species that may become endangered if conditions surrounding them begin or continue to deteriorate.
TOPSOIL : The upper layer of soil material consisting of naturally-occurring organic soils suitable for growing vegetation.
TRANSCRIPT : A typed or printed verbatim record of the proceedings or reproduction thereof.
TREE PRESERVATION OFFICER : The duly appointed Tree Preservation Officer shall be the Board Engineer.
USE : The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
USABLE DEVELOPMENT AREA : Usable development area or usable contiguous development area shall mean the area of a lot which is not encroached upon by any of the following features:
a. An existing or proposed public right-of-way.
b. The one hundred (100) year floodplain.
c. Wetlands and any required wetlands transition area except where construction, fill or disturbance has been authorized pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).
d. Slope areas where the inclination of the land's surface from the horizontal is fifteen (15) percent or greater.
e. Lakes, ponds, or other open waters.
Where it is specified that the usable development area is to be located within the required setbacks, this shall be construed to mean that the usable development area shall be located within the envelope that is delineated by the required yards and buffers of the zone district for the placement of a principal building.
UTILITY : A service or services provided to a use including, but not limited to, sewage treatment, water supply, gas, electric, telephone and cable T.V.
VARIANCE : Permission to depart from the literal requirements of the Zoning or Land Subdivision provisions of this Chapter pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-40 and -70 of the Municipal Land Use Law.
WILDLIFE CORRIDOR : A strip or strips of land, a minimum of fifteen (15) feet in width, situated around the interior perimeter of all or portions of a subdivision tract which the Planning Board may be required to be dedicated by the applicant for the preservation of wildlife consistent with the Township's rural characteristics and agricultural development.
YARD, FRONT : The area extending across the full width of a lot between the street line and the nearest point of the building to the street, extending to the side lot lines from such point in lines parallel or concentric to the street line. For purposes of the regulation of the location of uses on the lot, the front yard shall include that area which lies between the building facade and the street unless the facade of the building forms an angle of greater than sixty (60) degrees when related to the street line.
YARD, REAR : A yard extending across the full width of the lot and lying between the rear of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular then the general direction of its side building lines.
YARD, SIDE : An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard, to the street or rear lot lines as the case may be. The width of a side yard will be measured at right angles to the side line of the lot.
ZONING PERMIT : A document signed by the Administrative Officer (Zoning Officer) which: 1) Is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and 2) Acknowledges that such use, structure or building complies with the zoning provisions of this Chapter or variance therefrom duly authorized by a Municipal Agency, pursuant to this N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70 of the Municipal Land Use Law and this Chapter. (Ord. No. 98-18 §II; Ord. No. 99-06 §II; Ord. No. 00-04 §§VI and XII; Ord. No. 00-14; Ord. No. 00-16 §VI; Ord. No. 00-26 §VI; Ord. No. 01-15 §II; Ord. No. 02-01, §I; Ord. No. 03-24 §I; Ord. No. 06-10, §1; Ord. No. 10-12 §I; Ord. No. 13-13 §§1, 2; Ord. No. 13-15; Ord. No. 2015-18 § 1)
COLLECTOR SURFACE : Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process but does not include frames, support and mounting hardware.
METEOROLOGICAL TOWER : A structure designed to support the gathering of wind energy resource data and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow and characterize the wind resource at a given location. For the purpose of this ordinance, meteorological towers shall conform to the requirements for small wind energy systems.
RENEWABLE ENERGY FACILITY : A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
ROTOR DIAMETER : The cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
SMALL WIND ENERGY SYSTEM : A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c.217 (C.52:27D-119 et seq.) and technical bulletins issued pursuant to section 2 of P.L. 2009, c.244 (C.40:55D-66.13), and which will be used primarily for on-site consumption.
SOLAR COLLECTOR : A device, structure or part of a device or structure in which a substantial purpose is used to transform solar energy into thermal, mechanical, chemical or electrical energy.
SOLAR ENERGY : Direct radiant energy received from the sun.
SOLAR ENERGY SYSTEM : A solar energy system and all associated equipment including any generator, base, foundation, structural support, wire, batteries or other components necessary to convert solar energy into useable electrical energy through the use of solar panels.
SOLAR PANEL : An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
SYSTEM HEIGHT : For small wind energy systems, the height above grade of the tower plus the wind generator.
TOWER HEIGHT : The height above grade of the fixed portion of the tower, excluding the wind generator.
VAWT SYSTEMS : A vertical axis wind turbine which utilizes vertical panels as opposed to horizontal propellers.
WIND GENERATOR : Blades and associated mechanical and electrical conversion components mounted on top of the tower.
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE : A facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use or an accessory use or structure.
WIND TOWER : The monopole, freestanding, or guyed structure that supports a wind generator.
CAFRA PLANNING MAP : The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CAFRA CENTERS, CORES OR NODES : Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7: 8E-5B. "Compaction" means the increase in soil bulk density.
COMPACTION : The increase or soil bulk density.
CORE : A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY : An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be:
A county planning agency; or
A county water resource association created under N.J.S.A. 58: 16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT : The New Jersey Department of Environmental Protection.
DESIGNATED CENTER : A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
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.
DEVELOPMENT : The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, 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 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.
DRAINAGE AREA : A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
ENVIRONMENTALLY CONSTRAINED AREA : The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREAS : An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EMPOWERMENT NEIGHBORHOOD : A neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
EROSION : The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE : A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION : The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT : Any "development" that provides for ultimately disturbing one (1) or more acres of land or increasing impervious surface by one-quarter (1/4) acre or more. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Projects undertaken by any government agency which otherwise 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."
MUNICIPALITY : Any city, borough, town, township, or village.
NODE : An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT : A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON : Any individual, corporation, company, partnership, firm, association, Township of Millstone, or political subdivision of this State subject to municipal jurisdiction pursuant to Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
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.
RECHARGE : The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
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.
SITE : The lot or lots upon which a major development is to occur or has occurred.
SOIL : All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) : An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP : The geographic application of the State Development and Redevelopment Plan's goals and Statewide policies, and the official map of these goals and policies.
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.
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).
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.
STORMWATER RUNOFF : Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA : A flood hazard area, which may be influence by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD : A neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES : A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52: 27H-60 et seq.
URBAN REDEVELOPMENT AREA : Defined as previously developed portions of areas:
(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) Designated as CAFRA Centers, Cores or Nodes,
(3) Designated as Urban Enterprise Zones; and
(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE : The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND : An area that is inundated or saturated by surface water or ground-water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. (Ord. No. 04-14 §I, 4-14.12; Ord. No. 08-10, §I, 4-14.12)
BASE STATION : The equipment and non-tower supporting structure at a fixed location that enables communication-licensed or authorized wireless communications between user equipment and a connections network. (Ord. No. 2015-12)
COLLOCATION : The mounting or installation of transmission equipment on a Wireless Communication Tower or Base Station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. (Ord. No. 2015-12)
WIRELESS COMMUNICATION : Any personal wireless service as defined in the Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed commercial wireless telecommunication services, including cellular, PCS, SMR, ESMR, paging and similar services that currently exist or that may in the future be developed. "Wireless communications" does not include any amateur radio facility that is under seventy (70) feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include non-wireless telephone service.
WIRELESS COMMUNICATION ANTENNA : Any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined hereinabove. For the purposes of this section, wireless communication antennas shall not be considered to be a public utility.
WIRELESS COMMUNICATION TOWER : A freestanding monopole structure on which one (1) or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks. (Ord. No. 05-47 §1; Ord. No. 2015-12)
AFFORDABLE HOUSING DEVELOPMENT : A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one hundred (100%) percent affordable development.
COAH OR THE COUNCIL : The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
DEVELOPMENT FEE : Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
DEVELOPER : The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
EQUALIZED ASSESSED VALUE : The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:l-35a through C.54: 1-35c).
GREEN BUILDING STRATEGIES : Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services. (Ord. No. 08-30 §8-2)
MUNICIPAL HOUSING LIAISON means the employee charged by the Governing Body with the responsibility for oversight and administration of the affordable housing program for the Township of Millstone. (Ord. No. 06-31 §1; Ord. No. 08-30 §2)
APPLICATION CHECKLIST : The list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3, and is set forth in subsection 9-2.1, Schedule 4.
DEVELOPER : A developer as defined by N.J.S.A. 40:55D-4, i.e. the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
PROFESSIONAL : Any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.
CONTRIBUTION : Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee, political party committee or for political action committees which contribute to any of the foregoing and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of the ordinance, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
CONTRIBUTION DISCLOSURE STATEMENT : A list specifying the amount, date, and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee, political party committee of, or pertaining to, this municipality or for political action committees which contribute to any of the foregoing, made up to one year prior to filing the variance application and/or during the pendency of the application process.
ADDITION shall mean the construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
ADMINISTRATIVE OFFICER shall mean the person designated to handle the administration of building permit applications as referenced in this section.
AFFECTING A LANDMARK OR HISTORIC DISTRICT shall mean any act which alters or changes a historic landmark or an improvement within a historic district.
ALTERATION shall mean any work done on any existing improvement which:
a. Is not an addition to that improvement; or
b. Changes the appearance of the exterior surface of any improvement.
BUILDING shall mean a structure created to shelter human activity of any kind.
DEMOLITION shall mean the partial or total razing or destruction of any building, structure, or of any improvement within a historic district or of any historic landmark.
HISTORIC DISTRICT shall mean a geographically definable area possessing a significant linkage, or continuity of sites, buildings, structures, and/or objects which when viewed collectively:
a. Represent a significant period in the development of the Township; or
b. Have a distinctive character resulting from their architectural style; or
c. Because of their distinctive character can readily be viewed as an area or neighborhood distinct from surrounding portions of the township.
HISTORIC DISTRICT RESOURCES shall mean resources within a historic district which shall be classified either as key, contributing, or non-contributing which are defined as:
a. Key shall mean any buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.
b. Contributing shall mean any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
c. Non-contributing shall mean any buildings, structures, sites, or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.
HISTORIC LANDMARKS (OR LANDMARK OR HISTORIC SITE OR SITES) shall mean any buildings, structures, sites, objects, or districts which have been so designated by any agency of government or which are designated on the zoning or official map or identified in any component element of the master plan.
IMPROVEMENT shall mean any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than one hundred twenty (120) continuous days.
OBJECT shall mean a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting, environment or event.
REPAIR shall mean any work done on any improvement which:
a. Is not an addition to the improvement; and
b. Does not change the appearance of the exterior surface.
REPLACEMENT shall mean repairs when a building permit is required for same.
SITE shall mean the place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may both have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeological significance.
STRUCTURE shall mean any manmade work arranged in a definite pattern of organization.
ADVERTISING STRUCTURE : Any rigid or semirigid material, with or without a sign displayed thereon, situated upon or attached to real property or mobile objects and vehicles outdoors for the purpose of furnishing a background, base or support on which a sign may be posted or displayed.
FACE OF THE BUILDING : For determining the permitted size of a sign relative to the face of a building, the face of the building shall be deemed to be the building faade measured vertically from the finished grade at the front entrance of the building to the eaves of the roof, regardless of any overhangs or recesses, and measured horizontally from each edge of the building, regardless of any recesses or projections. Where there are multiple uses within the building, the measurement shall utilize the linear and vertical distances of the building faade fronting on the street and occupied by the individual use. (Ord. No. 2015-06 §1)
FUNCTIONAL SIGN TYPES .
a. Directory of Occupants Sign: A sign or plate attached to and/or painted upon the facade of a building listing the tenants or occupants thereof and their respective professions or business activities.
b. Directional Sign: A sign or device intended to direct or point toward a place or which gives verbal directions of any sort.
c. Identification Sign: Any sign, symbol, trademark, structure or similar device used to identify the occupant of any structure, the product made or the activity being pursued by any individual business service or industrial activity.
d. Official Sign: Any sign, symbol or device erected and maintained by the Federal Government, the State of New Jersey, the County of Monmouth or the Township of Millstone for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare; or any sign of a civic, fraternal or religious organization specifically authorized by the Township Committee.
OUTDOOR ADVERTISING SIGN COMPANY : A company in the business of leasing outdoor advertising space and under the licensing power of the Outdoor Advertising Tax Bureau of the Department of Treasury of the State of New Jersey.
PHYSICAL SIGN TYPES :
GROUND SIGN : A self-supporting sign connected to the ground and independent of any other structure, including pylon, pedestal, or individual post-type supports.
PROJECTING SIGN : A sign attached to the building wall which neither extends more than fifteen (15) inches from the face of the wall nor projects nearer to the ground surface than ten (10) feet nor projects above the roof line or storefront facade line nor extends beyond the ends of the facade or building.
WALL SIGN : A flat sign attached to and/or painted upon a building wall which extends not more than fifteen (15) inches from the wall and is not extended above the top or beyond the ends of the facade.
FREESTANDING SIGN : Any sign not attached to any building and supported by one (1) or more columns, pedestals, post-type supports or uprights which are firmly imbedded in the ground.
WINDOW SIGN : Any representation painted, stenciled, affixed to or hung behind a window or the glass of a door that can be seen from the outside of the building.
SIGN : The outdoor and/or indoor display of any writing, printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any activity, goods, merchandise, property, business, services, entertainment, amusement or industrial activity or establishment. (1971 Code §44A-1; Ord. 9-3-74; Ord. No. 05-12 §I; Ord. No. 2015-06 §1)
OUTDOOR ADVERTISING SIGN means a sign required to be permitted by Millstone Township pursuant to P.L. 1991, c.413 (C.27:5-5 et seq.).
CONTAINERIZED : The placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON : Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET : Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, County, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE : Leaves and grass clippings. (Ord. No. 05-48 §I)
DOMESTIC SEWAGE : Waste and wastewater from humans or household operations.
ILLICIT CONNECTION : Any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Millstone, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE: Nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. §1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) : A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Millstone or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT : A permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER : Water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may, however, contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON: Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER : Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER : Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment. (Ord. No. 05-48 §I)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Millstone or other public body, and is designed and used for collecting and conveying stormwater.
PERSON : Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER : Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment. (Ord. No. 05-48 §I)
LITTER : Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE : A container suitable for the depositing of litter.
PERSON : Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. (Ord. No. 05-48 §I)
IMMEDIATE : Removal of pet solid waste at once, without delay.
OWNER/KEEPER : Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.
PERSON : Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PET : Any animal (other than a disability assistance animal) kept for any period of time at any residence located within Millstone Township.
PET SOLID WASTE : Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL : Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal. (Ord. No. 05-48 §I)
FEED : To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON : Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
DOMESTICATED : Animals that are housed in or at a residence located within or beyond the Township of Millstone.
WILDLIFE : All animals that are not domesticated. (Ord. No. 05-48 §I)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Millstone or other public body, and is designed and used for collecting and conveying stormwater.
PERSON : Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET: An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE : The ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. (Ord. No. 10-31)
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) : A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Township of Millstone or other public body, and is designed and used for collecting and conveying stormwater.
PERSON : Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER : Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER : Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE : The ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. (Ord. No. 10-31)
ACID PRODUCING SOIL : Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices.
APPLICANT : A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this Article, and that would be located in whole or in part within a regulated Riparian Zone.
CATEGORY ONE WATERS OR C1 WATERS : Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristic because of their clarity, color scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
DISTURBANCE : The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting or removing of vegetation.
INTERMITTENT STREAM : A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
LAKE, POND OR RESERVOIR : Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
PERENNIAL STREAM : A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.4(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
RIPARIAN ZONE : The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any manmade lagoon or oceanfront barrier island, spit or peninsula.
SPECIAL WATER RESOURCE PROTECTION AREA OR SWRPA : A three hundred (300) foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
SURFACE WATER BODY(IES) : Any perennial stream, intermittent stream, lake, pond or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State open waters identified in a Letter of Interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
THREATENED OR ENDANGERED SPECIES : Species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. Sections 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
TROUT MAINTENANCE WATER : A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
TROUT PRODUCTION WATER : A section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B. (Ord. No. 10-18 § III)
ENGINEER : shall mean the consulting engineer appointed by the Township Committee to review, enforce and inspect mining applications within the Township.
EXCAVATOR : shall mean any person engaged in the moving, removal or excavation of soil or topsoil from, in or upon any land in the Township.
MINING : shall mean an extraction process involving the removal of soil, sand, stone, clay, gravel, topsoil, peat, and other organic or inorganic or mineral materials, and/or removing it from the mining site, subject to the exemptions provided for in subsection 22-9.2 hereinafter.
MOVE : shall mean to dig, excavate, remove; to deposit; to place and to fill; to grade, regrade, level or otherwise alter or change the location or contour; to transport and to supply. See exclusions as more particularly set forth in Sections 22-7 and 22-9.
PREMISES : shall mean the land which a person has a right to mine by virtue of a valid nonconforming use or by ordinance or resolution. (Ord. No. 86-03, §39-1.2; Ord. No. 94-10, §I)