ADULT BOOKSTORE - A bookstore having as a substantial or significant portion of its stock-in-trade publication books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section
ADULT ESTABLISHMENT - An adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult video store, or a sexually oriented business, as defined in this section.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 2-2004.
ADULT MINI-MOTION-PICTURE THEATER - An enclosed building with a capacity for fewer than fifty (50) persons, used for presenting motion pictures, a substantial or significant portion of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observing by patrons therein.
ADULT MOTION-PICTURE THEATER - An enclosed building with a capacity of fifty (50) or more persons used for presenting motion pictures, a substantial or significant portion of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.
ADULT VIDEO STORE - An establishment or business having as a substantial or significant portion of its stock-in-trade films, slides or movies consisting of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein
MASSAGE - The manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping by hand or mechanical device.
MASSAGE BUSINESS - Any establishment or business wherein massage is practiced, including establishments commonly known as "health clubs,' "physical culture studies," "massage studios' or "massage parlors "
SEXUALLY ORIENTED BUSINESS - A commercial establishment which as one of its principal businesses' purposes offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representation which depict or describe a "specified sexual activity" or "specified anatomical area"; or still or motion picture machines, projectors or other image producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a "specified sexual activity" or "specified anatomical area"; or instruments, devices, or paraphernalia which are designed for use in connection with a "specified sexual activity".
A.commercial establishment which regularly features live performances characterized by the exposure of a "specified anatomical area" or by a "specified sexual activity," or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area".
**Webmasters Note: The previous definition has been added as per Ordinance No. 2-2004.
SEXUALLY ORIENTED DEVICES - Without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or part for specified sexual activities
SPECIFIED ANATOMICAL AREAS :
(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola, or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES -
(1) Human genitals in a state of sexual stimulation or arousal,
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts
ACCESSORY BUILDING, STRUCTURE OR USE A building, structure or use which is customarily associated with and is subordinate in area, extent and purpose and incidental to the principal building, structure or use, contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building. [Amended 8-6-1982 by Ord. No. 16-1982; 4-3-1997 by Ord. No. 1-1997]
ADMINISTRATIVE OFFICER - The Planning Board and/or Zoning Board Secretary, as may be appropriate. [Added 5-30-1979 by Ord. No. 8-1979]
AFFORDABLE SENIOR CITIZEN HOUSING -Housing for households where at least one member is 62 years of age or older and which is affordable by low- and moderate-income households according to standards promulgated by the Council on Affordable Housing or as otherwise provided through a state or federal housing program designed to provide affordable housing. [Added 7-21-1994 by Ord. No. 7-1994]
AGRICULTURE - A production of plants or animals useful to man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products, livestock, including beef, cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under any agency of the state or federal government; specifically excluded from this definition, however, are processing plants. Notwithstanding the foregoing activities which qualify as forestry within the meaning of the definition of forestry found at Section 190-5(D) of this Code shall not constitute agriculture under this definition.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 5-2000.
AIRPORT SAFETY ZONE - An overlay zone delineated in accordance with the standards and methodology promulgated by the New Jersey Department of Transportation, Division of Aeronautics, as set forth by N.J.A.C. 16:62-3.1 or such other superseding or amending regulation. [Added 5-1-1997 by Ord. No. 3-1997]
ALTERATIONS OR ADDITIONS, STRUCTURAL - Any change in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers, or in the dimensions or configurations of the roof or exterior walls. [Amended 8-6-1982 by Ord. No. 16-1982]
**Webmaster's Note: The previous is current through Supplement dated 10-20-98.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM : An individual or community on site waste water treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10, Part IV:
a. Ashco RES III;
b. FAST;
c. Cromaglass;
d. Bioclere; and
e. Amphidrome
**Webmasters Note: The previous definition has been added as per Ordinance No. 19-2003.
ALTERNATIVE TOWER STRUCTURE - mounting structures that camouflage or conceal the presence of towers;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
ANTENNA - any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N J S A 40.55D-1 et seq. or N.J.S.A 13:18A-1 et seq. [Added I31-77 by Ord. No. 1-1977; amended 8-6-82 by Ord. No. 16-1982]
BACKHAUL NETWORK - the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
BALCONY - An exterior floor projecting from and supported by a structure without additional independent supports, shall be subject to the setback requirements as outlined in the Schedule of Area and Yard Requirements, for that zone for the principal building.
**Webmasters Note: The previous definition has been added as per Ordinance No. 18-2001.
BASEMENT - A story having more than twenty-five percent (25%) of its clear height below average contact grade
BICYCLE LANE (BIKE LANE) A portion of a roadway which has been designated by striping, signing, and pavement markings for the preferential or exclusive use of bicycles.
BICYCLE PATH (BIKE PATH) A bikeway physically separated from motorized vehicular traffic by an open space or barrier, and either within the highway right-of-way or within an independent right-of-way or easement.
BIKEWAY Any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
**Webmasters Note: The previous definitions, Bicycle Lane (Bike Lane) through Bikeway, have been added as per Ordinance No. 21-2008.
BILLBOARD - Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, other than on a building or its grounds, giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein, except that in the Pinelands Area any sign advertising roadside farm stands shall not be considered a "billboard " [Amended 8-6-82 by Ord. No. 16-1982]
BUILDING - Any structure or extension thereof or addition thereto, either temporary or permanent, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property [Amended 8-6-82 by Ord. No. 16-1982]
BUILDING COVERAGE - The square footage or other area measurement by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING HEIGHT - The vertical distance measured to the highest point from the mean elevation of the finished grade five (5) feet away from the foundation along the side(s) of the building facing a street or at the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope
CAMPER -
(1) A self-propelled vehicular structure built as one (1) unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term use, which may contain cooking, sleeping and sanitary facilities
(2) An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another
(3) A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top not more than four (4) feet above the surface of the ground The camper is designed to have a temporary tent erected above the four-foot level for camping facilities
CHILD-CARE CENTER - Any facility which is maintained for the care, development and supervision of six (6) or more children who attend the facility for less than twenty-four (24) hours per day and which offers such programs as private nonsectarian child-care centers, daycare centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment-related centers and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through six. A "child-care center" shall not offer programs operated by a public or private day school of elementary and/or high school grades, special activity programs for children, youth camps and/or religious classes or centers [Added 9-6-1990 by Ord. No. 18-1990]
CLUSTER SINGLE-FAMILY RESIDENTIAL DEVELOPMENT - A development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded
CO-LOCATION - use of a common wireless telecommunications tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunications tower on a structure owned or operated by a utility or other public entity;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
COMMERCIAL PIGGERIES - Any plot of land that is used for the raising, breeding and selling of hogs, swine or pigs where this use is not incidental to some other primary agricultural use of farm premises containing a dwelling [Added 5-30-79 by Ord. No. 8-1979]
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES - licensed commercial wireless telecommunication services including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
COMMON PROPERTY - A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development "Common property" may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the 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 [Added 5-2-1980 by Ord. No. 12-1980]
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 this chapter and upon the issuance of an authorization therefor by the Planning Board [Added 1-31-1977 by Ord. No. 1-1977]
CONDOMINIUM - An apartment or townhouse building(s) where each dwelling unit is individually owned by respective housekeeping units while common property is collectively owned and maintained by all the residents of the building(s)
COUNTY PLANNING BOARD - A county planning board established by a county pursuant to N.J.S.A. 40 27-1 to exercise the duties set forth in such chapter, and also, in any county having adopted the provisions of the Optional County Charter Law, P.L. 1972, c. 154, NJ S A 40-41A-1 et seq., any department, division, board or agency established pursuant to the Administrative Code of such county to exercise such duties, but only to the degree and extent that the requirements specified in such chapter for county planning boards do not conflict with the organization and structure of such department, division, agency or board as set forth in the Administrative Code of such county [Added 5-2-1980 by Ord. No. 12-1980]
DECK - An exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports, except that a handicap ramp meeting barrier free code requirements shall not be considered a deck, and shall not be regulated by this chapter.
DECK, ATTACHED - If constructed 30 or more inches above finished grade and attached to the principal building or constructed within 4" thereof, shall be subject to the setback requirement as outlined in the Schedule of Area and Yard Requirements, for that zone for (lie principal building.
DECK, DETACHED - If constructed 30 or more inches above finished grade, but not attached to the principal building, the deck shall be subject to the Schedule of Area and Yard Requirements, for that zone as an accessory structure.
DECK, GRADE LEVEL - If constructed less than 30 inches in height above grade (measured from finished grade to the top of the deck), is not subject to the Schedule of Area and Yard Requirements, for that zone, except that a minimum setback of ten (10) feet shall be maintained from property lines in all cases.
DECK HEIGHT - For an attached deck, the average vertical distance measured to the highest point of the deck from the mean elevation of the finished grade under the deck a distance of five (5) feet away from the foundation along the side(s) of the building. For a detached deck, the average vertical distance to the highest point of the deck from the mean elevation of the finished grade as measured from a horizontal distance five (5) feet away from the deck on all sides of the deck.
**Webmasters Note: The previous definitions, Deck through Deck Height, have been added as per Ordinance No. 18-2001.
DWELLING, DETACHED - A building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit and which has its own cooking, sleeping, sanitary and general living facilities
DWELLING UNIT - A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one (1) housekeeping unit. The "dwelling unit" shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit or other indirect route(s) to get to any portion of the "dwelling unit," nor shall there be shared facilities with another housekeeping unit
EQUIPMENT SHED/SHELTER - an enclosed structure, cabinet, shed, or box at the base of the local communications facility within which are housed batteries and electrical equipment.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 9-2000.
EXEMPT HOME OCCUPATION - [Added 12-15-1994 by Ord. No. 8-1994] A low-intensity use, exclusive of those home professional occupations otherwise permitted in this chapter, provided that such exempt home occupation conforms to the following requirements
(1) No person other than members of the household residing on the premises shall be engaged in such occupation
(2) The use of the dwelling unit for the "exempt home occupation" shall be clearly incidental and subordinate to the use of the property for residential purposes by its residents, and not more than twenty percent (20%) of the floor area of the dwelling unit shall be used in the conduct of the "exempt home occupation."
(3) There shall be no external auditory or visual evidence of the "exempt home occupation "
(4) The "exempt home occupation" shall not necessitate any additional parking at any time in addition to those vehicles ordinarily used by the residents of the home Commercial vehicles shall not be utilized in association with the "exempt home occupation "
(5) No site plan approval is required for an "exempt home occupation" use
FAA - Federal Aviation Administration;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
FARM [Amended 5-30-1979 by Ord. No. 8-1979].
(1) PRINCIPAL USES - A lot of at least six (6) acres, with the first acre devoted to the dwelling (if applicable) and at least five (5) additional acres devoted to agricultural use, including the growing and harvesting of crops and the raising and breeding of farm animals, except that commercial piggeries are prohibited Truck farms, fruit farms, nurseries, greenhouses, dairies and livestock produce are permitted
(2) ACCESSORY USES - Buildings incidental to farms such as greenhouses, buildings for the housing of seasonal workers for the farm's own use, barns and packing, grading and storage buildings limited to produce raised on the premises Processing operations, buildings for the keeping of poultry, airstrips for the spraying of crops where primarily local crops are serviced, garages for the storage of farm equipment and farm stands are "accessory farm uses " [Amended 8-6-1982 by Ord. No. 16-1982]
FCC - Federal Communications Commission;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
FIRST-FLOOR AREA - The residential portion of a dwelling unit, excluding basements and garages, measured by using the outside dimensions of the residential portion of the building For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two (2) adjoining levels, excluding basements and garages, provided both levels are connected by permanent, built-in stairs in the interior of the building
FLAG LOT - A lot which meets the area requirements of this chapter except lot frontage, which may be reduced to permit utilization of lands with limited road frontage [Added 8-6-1982 by Ord. No. 16-1982]
FLOODPLAIN - The relatively flat terrain adjoining a water channel which has been or may be hereafter covered by floodwater of the channel
FLOOR AREA, FINISHED - In the computation of required minimum floor area as required in this chapter, only finished space shall be calculated 'Finished floor area" is that space in which all internal systems (plumbing, heating, electrical service, etc ) are completely installed and operational and where finish materials (sheet rock, paneling, etc ) are in place and ready to receive cosmetic finishing (paint, wall covering, floor coverings, etc ) No floor area of any basement shall be included in the computation of minimum floor area as required in this chapter [Added 5-30-1979 by Ord. No. 8-1979; amended 12-15-1994 by Ord. No. 8-1994]
GARAGE, PRIVATE - An accessory building or structure or portion of a main building or structure for the parking of vehicles and incidental storage requirements of the occupants of the principal use, building or structure of the lot, provided that, in the computation of required minimum floor area, a garage shall include a roof, walls and doors which fully enclose the garage space [Amended 3-3-1978 by Ord. No. 1-1978; 8-6-1982 by Ord. No. 16-1982]
GARAGE, PUBLIC - A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles customarily used for private transportation, local school buses, commercial vehicles, farm equipment and farm vehicles
GARDEN APARTMENT - An apartment containing a minimum of six (6) dwelling units and not exceeding two (2) stories in height
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, not less than three (3) par each, together with the necessary accessory uses and structures such as clubhouses, dining and refreshment facilities, provided that the operation of such is incidental and subordinate to the operation of the golf course
GRADE, FINISHED - shall mean a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and a point five (5)' from the building. The finished grade shall include the completed surfaces of lawns, walks, driveways and roads brought to grade as shown on official plans. No certificate of occupancy will be issued until the finished grade has been completed.
**Webmasters Note: The previous definition has been added as per Ordinance No. 18-2001.
GROSS FLOOR AREA - The area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio Only those floor areas which have a ceiling height of eight (8) feet or more and those areas used for storage space in nonresidential uses shall be included in the "gross floor area " The "gross floor area" of a townhouse, apartment or other attached structure shall be measured from the center of interior walls and the outside of exterior walls
HEIGHT - when referring to a tower or other structure, the distances measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
HOME OCCUPATION - An occupation being conducted wholly or in part from a residence or its residential lot as an accessory use Such occupations shall be conducted solely by resident occupants of the residential building, except that no more than two (2) persons not residents of the building may be employed, and provided also that no more than nine hundred (900) square feet or the equivalent of the first-floor area of the building, whichever is smaller, shall be used for such purpose, that the livable floor area for the residence shall remain at least as large as that required of the residences, that no display of products shall be visible from the street, that the residential character of the building shall not be changed, that the occupation shall be conducted entirely within either the dwelling unit or an accessory building, but not both; that no occupational sounds shall be audible outside the building; that no article shall be offered for sale on the premises, that no machinery or equipment shall be used which will cause interference with radio and television reception in neighboring residences, and that the use does not reduce the parking or yard requirements of the principal use
HOMEOWNERS ASSOCIATION - An incorporated, nonprofit organization operating in a cluster or planned unit development under recorded land agreements through which
(1) Each lot owner is automatically a member
(2) Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the township
(3) Each owner and tenant has the right to use the common property
HOSPITAL, REST HOME AND NURSING HOME An establishment for rest and recuperation containing beds for four (4) or more patients and used for the diagnosis, treatment or other care of human ailments
HOUSEKEEPING UNIT - One (1) or more persons living together in one (1) dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis
INDUSTRIAL PARK - An area wherein one (1) or more buildings are erected for industrial purposes in relation to one another as part of an integrated and comprehensively planned total unit, whether or not the buildings are erected simultaneously or over a period of time
INTERESTED PARTY - In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey In the case of a civil proceeding in any court or in an 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 chapter, or whose rights to use, acquire or enjoy property under this chapter 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. [Added 1-31-1977 by Ord. No. 1-1977]
LATTICE TOWER - a freestanding tower with multiple legs and cross-bracing of structural steel;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
LIQUEFIED PETROLEUM, LP GAS DISTRIBUTION POINT - Any facility which normally receives LP gas by tank truck and which fills small containers or the engine fuel tanks of motor vehicles on the premises [Added 6-17-1993 by Ord. No. 8-1993]
LOADING SPACE - An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading, with fifteen (15) feet of vertical clearance
LOT - Any parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that for purposes of this chapter contiguous undersized "lots" under one (1) ownership shall be considered one (1) "lot," and except further that no portion of a street shall be included in calculating the lot boundaries or areas
LOT AREA - The area contained within the lot lines of a lot, but not including any portion of a street right-of-way
LOT, CORNER - A lot on the junction of and abutting on two (2) or more intersecting streets where the interior angle of the intersection does not exceed one hundred thirty-five degrees (135)
LOT DEPTH - The shortest 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
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
LOT FRONTAGE - The horizontal distance between side lot lines, measured along the street line The minimum "lot frontage" shall be the same as the lot width, 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 fifty percent (50%) of the required minimum lot width, and except further as permitted in 190-54 In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the "lot frontage " [Amended 5-30-1979 by Ord. No. 8-1979]
LOT, INTERIOR - A lot other than a corner lot
LOT LINE - Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street
LOT WIDTH - The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line The minimum "lot width" shall be measured at the minimum required building setback line Where side lot lines are not parallel, the minimum "lot width" at the setback line shall not be less than seventy-five percent (75%) of the minimum "lot width" for the zoning district in which the lot is located, except that such reduction shall not encroach on required side yards [Amended 5-30-79 by Ord No. 8-1979]
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
MINOR SITE PLAN - A development plan of one (1) or more lots which does not involve the erection of a new structure or use or any addition to an existing structure or use which would exceed twenty-five percent (25%) of the existing floor area, does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 4055D-12, and contains the information required by this chapter for minor site plan approval 3 [Added 5-2-80 by Ord. No. 12-1980]
MOBILE HOME - A dwelling unit manufactured in one (1) or more sections, designed for long-term occupancy; containing living and sleeping accommodations, a flush toilet, a tub or shower, bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems, and designed to be transported, after fabrication, on its own wheels or on flatbed or other trailers, arriving at the site where it is to be occupied as a dwelling complete, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations For purposes of this chapter, travel trailers, campers, and camper trailers are not considered "mobile homes "
MONOPOLE - a single, free standing pole-type structure, tapering from base to top, and supporting one or more antennas for wireless transmission;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
NONCONFORMING BUILDING OR STRUCTURE A building or structure which in its location upon a lot or in its size does not conform to the regulations of this chapter for the zone in which it is located
NONCONFORMING LOT - A lot of record which does not have the minimum width, frontage, depth or contain the minimum area for the zone in which it is located.
NONCONFORMING USE - A use occupying a building, structure or lot which does not conform to the use regulations of the district in which it is located
PARKING SPACE - An area of not less than ten (10) feet wide by twenty (20) feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street "parking space " The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the "parking space " The width and length of each space shall be measured perpendicular to each other regardless of the angle of the "parking space" to the access aisle or driveway
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
PERMITTED USE - Any use of land or buildings as permitted by this chapter.
PRE-EXISTING TOWERS AND ANTENNAS - any tower or antenna for which a building permit has been properly issued prior to the effective date of this Ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current, and not expired;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
PRINCIPAL USE - The main purpose for which a lot or building is used.
PRIVATE SCHOOL - A privately administered 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
PROVIDER - a company that provides wireless services via a local communications facility,
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
PUBLIC PURPOSE - The use of land by the Township Committee, Township School Board or some officially created township agency, authority or commission of the township
PUBLIC UTILITY - Any utility company operating under the regulations of the Board of Public Utilities and delivering such service as may be provided within Pemberton Township [Added 5-30-79 by Ord. No. 8-1979]
RESIDENTIAL AGRICULTURE - The growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on lots exceeding one (1) acre [Amended 5-30-79 by Ord. No. 8-1979]
RESIDENTIAL TOOL SHED - shall mean a structure with dimensions that are not less than sixty (60) square feet nor greater than two hundred (200) square feet in area and not exceeding ten (10) feet in height, used solely for storage, except for the storage of cars and trucks and not for the housing of animals. For residential tool sheds over 100 square feet in area, specific foundation systems shall be in accordance with law the Uniform Construction Code.
**Webmasters Note: The previous definition has been added as per Ordinance No. 18-2001.
SERVICE STATION - Lands and buildings providing for the sale of fuel, lubricants and automotive accessories Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable or wrecked vehicles shall be permitted.
SETBACK LINE - A line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot fine.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
SIGN - Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia is used to advertise or promote the interest of any person or product when the same is placed in view of the general public "Signs" do not include the flag or emblem of any nation, organization of nations, state, city or any fraternal, religious or civic organizations, merchandise, pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields. [Amended 8-6-82 by Ord. No. 16-1982]
SITE PLAN REVIEW - The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or Zoning Board, in certain cases [Amended 1-31-77 by Ord. No. 1- 1977]
STORY - That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of a roof shall not be considered a ceiling. A "half story" is the area under a pitched roof at the top of a building, the floor of which is at least four (4) feet but no more than six (6) feet below the plate
STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Land Use Law (Chapter 291, Laws of 1975) or any prior act authorizing approval, or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines [Amended 1-31-77 by Ord. No. 1-1977]
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 the adopted Master Plan or Official Map, forming the dividing line between the street and a lot
STRUCTURE - Anything constructed, assembled or erected which requires location on the ground or attachment to something having location on the ground, including buildings, fences, tanks, towers, signs, advertising devices, swimming pools and tennis courts
STRUCTURAL HEIGHT - Same as "building height."
SUBDIVISION - The division of a lot, tract or parcel of land into two (2) 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 this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size; division of property by testamentary or intestate provisions, divisions of property upon court order, including but not limited to judgments of foreclosure, consolidation of existing lots by deed or other recorded instrument, and the conveyance of one (1) or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality The term "subdivision" shall also include the term "resubdivision " [Added 5-2-80 by Ord. No. 12-1980]
SUBDIVISION APPLICATION - The application for approval of a subdivision pursuant to the Municipal Land Use Law (P L 1975, c 291, N J S A 40 55D-1 et seq. ), or an application for approval of a planned unit development pursuant to the Municipal Land Use Law (P L 1975, c 291, NJ S A 40 5513-1 et seq.) [Added 5-2-80 by Ord. No. 12-1980]
SWIMMING POOL, PORTABLE - Portable pools shall not be subject to the requirements of § 190-46 and are those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed eighteen (18) inches in depth; do not exceed a water surface area of one hundred (100) square feet; and do not require braces or supports
SWIMMING POOL, PRIVATE RESIDENTIAL - Means and includes artificially constructed pools, whether located above or below the ground, having a depth of more than eighteen (18) inches and/or a water surface of one hundred (100) square feet or more, designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use, and includes all buildings, structures, equipment and appurtenances thereto.
TAXICAB OPERATIONS - Land, buildings, parking facilities and improvements that are authorized for use for the operation of a taxicab, pursuant to Section 164 of the Code of the Township of Pemberton.
**Webmasters Note: The previous definition has been added as per Ordinance No. 26-2000.
TOWER - any ground or roof mounted pole, spire, structure, or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces, and masks. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
TOWER, MULTI-USER - a tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity;
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
TOWER, SINGLE USER - a tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by this Chapter.
**Webmasters Note: The previous definition has been added as per Ordinance No. 9-2000.
TOWNHOUSE - One (1) dwelling unit in a line of four (4) or more connected dwelling units where each dwelling unit is compatibly designed in relation to all other units but is distinct by such design features as width, setback, roof design, color, exterior materials and other features, singularly or in combination Each dwelling unit may be a maximum of two and one-half (2 1/2) stories in height, but nothing in the definition shall be construed to allow one (1) dwelling unit over another.
TOWNSHIP - The Township of Pemberton, Burlington County, New Jersey
TRACT - An area of land composed of one (1) or more lots adjacent to one another having sufficient dimensions and area to make one (1) parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one (1) existing public street and still be considered one (1) tract, provided that the street is not an arterial or major collector road and that a linear distance equal to more than seventy-five percent (75%) of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street
TRANSCRIPT - A typed or printed verbatim record of the proceedings or reproduction thereof [Added 5-2-80 by Ord. No. 12-1980]
TRAVEL TRAILER - A vehicular portable structure built an a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight (8) feet and a length not exceeding thirty (30) feet and which may contain cooking, sleeping and sanitary facilities
YARD, FRONT - An open space extending across the full width of the lot and lying between the proposed street line as prescribed in the adopted Master Plan of Pemberton Township and the closest point of any building on the lot. The depth of the "front yard" shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines The minimum required "front yard" shall be the same as the required setback.
YARD, REAR - An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot The depth of the "rear yard" shall be measured horizontally and at right angles to either a straight rear lot line or the tangent lines or curved rear lot lines. The minimum required "rear yard" shall be the same as the required setback
YARD, SIDE - An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot The width of the required "side yard" shall be measured horizontally and at right angles to either a straight side lot line or the tangent lines of curved side lot lines.
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
AGRICULTURAL COMMERCIAL ESTABLISHMENT - A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural processing facilities, such as a farm itself, nor facilities which are solely processing facilities. [Added 4-6-1989 by Ord. No. 11-1989]
AGRICULTURAL EMPLOYEE HOUSING Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture. [Amended 4-6-1989 by Ord. No. 11-1989]
AGRICULTURAL OR HORTICULTURAL PURPOSES OR USE - Any production of plants or animals useful to man, including but not limited to: forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under any agency of the state or federal government; specifically excluded from this definition, however, are processing plants. [Amended 8-20-1998 by Ord. No. 9-1998]
AGRICULTURAL PRODUCTS PROCESSING FACILITY - A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products. [Added 4-6-1989 by Ord. No. 11-1989]
AGRICULTURAL SERVICE ESTABLISHMENT - An establishment the purpose of which is the sale of goods, commodities or services that support active farm operations.
ANIMALS, THREATENED OR ENDANGERED Those animals specified in N.J.A.C. 7:50-6.32.
APPLICATION FOR DEVELOPMENT - Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in 190-66A(2) of this chapter. [Added 4-6-1989 by Ord. No. 11-1989]
APPROVAL AGENCY - Any board, body or other authority within the township with the authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval. [Added 5-6-1983 by Ord. No. 7-1983]
CAMPSITE - A place used or suitable for camping, on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis. [Amended 4-6-1989 by Ord. No. 11-1989]
**Webmaster's Note: The previous is current through Supplement dated 10-20-98.
CERTIFICATE OF APPROPRIATENESS - An approval of the Planning Board or Zoning Board of Adjustment issued pursuant to N.J.A.C. 7:50-6.156 [Amended 4-6-1989 by Ord. No. 11-1989]
CERTIFICATE OF FILING - A certificate issued by the Pinelands Commission, pursuant to N J A C 7:50-4 34, that a complete application for development has been filed [Added 4-6-1989 by Ord. No. 11-1989]
COMMISSION - The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act 2
COMPREHENSIVE MANAGEMENT PLAN - The plan adopted by the Pinelands Commission pursuant to the Pinelands Protection Act, as amended, and contained in N J A C 7 50
CONTIGUOUS LANDS - Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit; provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit [Amended 9-16-1993 by Ord. No. 11-1993]
DAY - For purposes of computing time limits, the word "day" in this chapter refers to a calendar day
DENSITY - The average number of housing units per unit of land, except that in the Pinelands Area "density" shall be calculated on the basis of gross acreage, including platted rights-of-way within the deeded premises. For the R-1, R-3, R-80, R-96 and R-1 Zoning Districts, gross acreage shall not include water bodies of over one (1) acre [Amended 9-21-1989 by Ord. No. 29-1989]
DENSITY TRANSFER DEVELOPMENT RIGHTS, DTDR - Residential density development rights acquired to be used to meet the zoning density requirements of the R-3, R-6, R-17 or R-100 Districts according to 190-50R. "DTDR's" shall re-quire the purchase of development rights from and deed restrictions to township-owned and/or privately owned land according to the same restrictions necessary to purchase land pursuant to 190-50R(l) [Added 9-16-1993 by Ord. No. 11-1993]
DEVELOPMENT - The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two (2) or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to
(1) A change in type of use of a structure or land
(2) A reconstruction, alteration of the size or material change in the external appearance of a structure or land
(3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land
(4) Commencement of forestry activities, resource extraction, drilling or excavation on a parcel of land [Amended 4-6-1989 by Ord. No. 11-1989]
(5) Demolition of a structure or removal of trees
(6) Deposit of refuse, solid or liquid waste or fill on a parcel of land
(7) In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
(8) Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water
DEVELOPMENT APPROVAL - Any approval granted by an approval agency except certificates of occupancy and variances, pursuant to N.J.S.A 40 55D-70, which do not otherwise include an issuance of a construction permit, subdivision or site plan approval [Added 5-6-1983 by Ord. No. 7-1983]
DEVELOPMENT, MAJOR - Any division of land into five (5) or more lots, any construction or expansion of any housing development of five (5) or more dwelling units, any construction or expansion of any commercial or industrial use or structure on a site of more than three (3) acres, or any grading, clearing or disturbance of an area in excess of five thousand (5,000) square feet
DEVELOPMENT, MINOR - All development other than major development
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding
DWELLING - Any structure or portion thereof which is designed or used for residential purposes
DWELLING UNIT - Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family. Dwelling unit shall include each separate apartment or unit where one or more individuals reside within an assisted living facility and each room, apartment, cottage or other area within a continuing care retirement community set aside for the exclusive use or control of one or more individuals constituting a household unit.
**Webmasters Note: The previous definition has been added as per Ordinance No. 12-2001.
ELECTRIC DISTRIBUTION LINES - All electric lines other than electric transmission lines [Added 4-6-1989 by Ord. No. 11-1989]
ELECTRIC TRANSMISSION LINES - Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and
(1) Another substation of the utility company,
(2) A substation of or interconnection point with another interconnecting utility company,
(3) A substation of a high-load customer of the utility. [Amended 4-6-1989 by Ord. No. 11-1989]
ENLARGEMENT - An addition to the floor area of an existing building, an increase in the size of any other existing structure, or an increase in that portion of a tract of land occupied by an existing use
ENVIRONMENTAL COMMISSION - A municipal advisory body created pursuant to P L 1968, c. 245 (N.J.S.A 40 56A-1 et seq.)
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILY - One (1) or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalent thereof [Amended 12-15-1994 by Ord. No. 8-1994]
FIRE HAZARD [Amended 4-6-1989 by Ord. No. 11-1989] - The classification of a parcel of land in accord with the following
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
FISH AND WILDLIFE MANAGEMENT - The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FORESTRY [Amended 4-6-1991 by Ord. No. 11-1989; 4-3-1997 by Ord. No. 1-1997] - The planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry:
(1)Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
(2)Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees.
(3)Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter.
(4)Removal of trees necessary for the maintenance of utility or public rights-of-way.
(5)Removal or planting of trees for the personal use of the parcel owner.
(6)Removal of trees for public safety.
HABITAT - The natural environment of an individual animal or plant, population or community.
HISTORIC, ARCHAEOLOGICAL AND CULTURAL PRESERVATION BOARD [Repealed 4-6-1989 by Ord. No. 11-1989]
HISTORIC RESOURCE - Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level. [Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No. 35-1997]
HYDROPHYTES - Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILY - Those persons related by blood or legal relationship in the following manner: grandparents, grandchildren, parents, sons, daughters, brothers, sisters, nieces, nephews, aunts, uncles, first cousins, husbands and wives, great-grandparents and great-grandchildren. [Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No. 35-1997]
IMPERMEABLE SURFACE - Any surface which does not permit fluids to pass through or penetrate its pores and spaces.
INSTITUTIONAL USE - Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; churches; cemeteries; public office buildings; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities. For purposes of this ordinance, institutional use shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.
**Webmasters Note: The previous definition has been added as per Ordinance No. 12-2001.
INTERIM RULES AND REGULATIONS - The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq. [Added 4-6-1989 by Ord. No. 11-1989]
LAND - Includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.
LANDFILL - Sites, including open dumps, where solid waste, liquid and dry sewage sludge and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered landfills.
LANDSCAPING - The installation of plant material or seed as part of development.
LOCAL COMMUNICATIONS FACILITY - An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
NAVIGABLE WATERS - Water capable of being traversed by pleasure craft.
PARCEL - Any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established. [Amended 2-5-1998 by Ord. No. 35-1997]
PERSON - An individual, corporation, public agency, business trust, partnership, association, two or more persons having joint or common interest or any other legal entity.
PINELANDS AREA - The area designated as such in the Pinelands Protection Act, N.J.S.A. 13:18A-1 to 13:18A-29, as amended.
PINELANDS DEVELOPMENT CREDIT - A use right allocated to certain lands within the township and the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on certain other lands within the township and the Pinelands Area. [Added 5-6-1983 by Ord. No. 7-1983]
PINELANDS DEVELOPMENT REVIEW BOARD The agency responsible from February 8, 1979, until June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period. [Added 4-6-1989 by Ord. No. 11-1989]
PINELANDS PROTECTION ACT - N.J.S.A. 13:18A-1 to 13:18A-29.
PINELANDS RESOURCE-RELATED USE - Any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel or minerals.
PLANTS, THREATENED OR ENDANGERED - A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy. [Amended 4-6-1989 by Ord. No. 11-1989]
PUBLIC PURPOSE USES - The use of land or buildings by the governing body of the township or any officially created authority or agency thereof.
PUBLIC SERVICE INFRASTRUCTURE - Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity. [Added 4-6-1989 by Ord. No. 11-1989]
RECOMMENDED MANAGEMENT PRACTICE - The management program which employs the most efficient use of available technology, natural, human and economic resources.
RECORD TREE - The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission. [Added 2-5-1998 by Ord. No. 35-1997]
RECREATIONAL FACILITY, INTENSIVE - Any recreational facility which does not satisfy the definition of low-intensive recreational facility.
RECREATIONAL FACILITY, LOW-INTENSITY - A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling. [Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No. 35-1997]
RESOURCE EXTRACTION - The dredging, digging, extraction and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner. [Amended 4-6-1989 by Ord. No. 11-1989]
SEASONAL HIGH-WATER TABLE - The level below the natural ground surface to which water seasonally rises in the soil in most years.
SUBMERGED LAND - Those lands which are inundated with water throughout the year.
UTILITY DISTRIBUTION LINES - Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service fines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines. [Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No. 35-1997]
VEGETATION - Any plant material, including grasses, shrubs and trees.
WETLANDS - The meaning ascribed to the word in N.J.A.C. 7:50-6.3.
WETLANDS COASTAL - The meaning ascribed to the word in N.J.A.C. 7:50-6.4.
WETLANDS, INLAND - The meaning ascribed to the word in N.J.A.C. 7:50-6.5.
WETLAND SOILS - Those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns and freshwater marsh and tidal marsh soil types.
CHANNEL - A natural depression of perceptible extent, with a definite bed and banks to confine and conduct flowing water either continuously or periodically
DESIGN FLOOD, FLOODWAY OR FLOOD HAZARD AREA - The relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria, represents a major flood of reasonable expectancy, reflects both flood experience and flood potential and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations thereof
DESIGN FLOOD PROFILE, FLOODWAY OR FLOOD HAZARD AREA - The elevations of the water surface of the floodway design flood and the flood hazard area design flood
FLOOD HAZARD AREA - The floodway and additional portions of the floodplain that are subject to flood flow at lesser depths and lower velocities than the floodway and that are inundated by the flood hazard area design flood
FLOODPLAIN - The relatively fiat terrain adjoining a water channel which has been or may be hereafter covered by floodwater of the channel
FLOODWAY - The channel and portions of the adjacent floodplain that carry the greater part of flood flow at greater depths and velocities than do the other parts of the floodplain, that constitute the minimum area required for the passage of flood flows without aggravating flood conditions upstream and downstream, and that are necessary to preserve the natural regimen of the stream for the reasonable passage of the floodway design flood
DEVELOPMENT shall mean the construction, reconstruction or relocation of any residential structure; the enlargement of a residential structure resulting in a land disturbance of 500 square feet or more; the construction or placement of an accessory structure on a residential lot resulting in a land disturbance of 500 square feet or more; the construction of an in-ground swimming pool on a residential lot; and/or any subdivision of land classified as a major subdivision by the Township Planning Board.
HOBBY KENNEL - Any building, structure, premises or establishment in which more than four (4) dogs are kept, harbored or maintained at any one (1) time for breeding and show purposes Specifically excluded are those kennels in which are kept, harbored or maintained more than four (4) dogs at any one (1) time for breeding and sale or for boarding, as such establishments are deemed to be commercial kennels which are not permitted and have never been permitted in any zone.
PINELANDS AREA shall mean all land in the Township of Pemberton under the jurisdiction of the Pinelands Commission as designated by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq. and regulated through the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq. as further acknowledged in the zoning code of the Township of Pemberton.
PLANNED UNIT DEVELOPMENT, PLANNED UNIT RESIDENTIAL DEVELOPMENT AND RESIDENTIAL CLUSTER shall have the meaning as defined by § N.J.S.A. 40:55D6 of the Municipal Land Use Law.
CAFRA PLANNING MAP means 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 means 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.
CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY means 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 means the New Jersey Department of Environmental Protection.
DESIGNATED CENTER means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER means 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 means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, 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 means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CONSTRAINED AREA means 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 means 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 and 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 means 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 means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION is the process by which water that seeps into the soil from precipitation.
MAJOR DEVELOPMENT means any "development" that provides for ultimately disturbing one or more acres of land or increasing impervious surface by one-quarter 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 means any city, borough, town, township, or village.
NODE means an area designated by the State Planning Commission concentrating facilities and activities that are not organized in a compact form.
NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON means any individual, corporation, company, partnership, firm, association, or political subdivision of this State and any state, interstate or federal agency.
POLLUTANT means 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, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT means 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 means the lot or lots upon which a major development is to occur or has occurred.
SOIL means all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) means 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 is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals arid policies.
STORMWATER means 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.
STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN means 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" means 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 non-stormwater discharges into stormwater conveyances..
TIDAL FLOOD HAZARD AREA means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD means a neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES means 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 is 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 means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND means 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.
PEMBERTON TOWNSHIP means the Planning Board, Zoning Board of Adjustment or other board, agency or official of Pemberton Township with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval. For the purposes of reviewing development applications and ensuring compliance with the requirements of this ordinance, Pemberton Township may designate the municipal engineer or other qualified designee to act on behalf of Pemberton Township.
AQUACULTURE means the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and their subsequent processing, packaging and marketing, including but not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.
CERTIFICATION means either a written statement signed and sealed by a licensed New Jersey Professional Engineer attesting that a BMP design or stormwater management system conforms to or meets a particular set of standards or to action taken by the Commission pursuant to N.J.A.C. 7:5C)-3, Part II or Part IV. Depending upon the context in which the term is use, the terms "certify" and "certified" shall be construed accordingly.
COMPACTION means the increase in soil bulk density caused by subjecting soil to greater-than- normal loading. Compaction can also decrease soil infiltration and permeability rates.
CONSTRUCTION means the construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings, structures or components of a stormwater management system including but not limited to collection inlets, stormwater piping, swales and all other conveyance systems, and stormwater BMPs.
COUNTY REVIEW AGENCY means 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.
DESIGN ENGINEER means 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.
DESIGN PERMEABILITY means the tested permeability rate with a factor of safety of two (2) applied to it (e.g., if the tested permeability rate of the soils were four (4) inches per hour, the design rate would be two (2) inches per hour).
DEVELOPMENT means the change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:
1. A change in type of use of a structure or land;
2. A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
3.A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
4. Commencement of resource extraction or drilling or excavation on a parcel of land;
5. Demolition of a structure or removal of trees;
6. Commencement of forestry activities;
7. Deposit of refuse, solid or liquid waste or fill on a parcel of land;
8. In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
9. Alteration, either physically or chemically, of a shore, bank, or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
In the case of development on agricultural land, i.e. lands used for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Boards (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.
DEVELOPMENT, MAJOR means any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any "development," grading, clearing or disturbance of an area in excess of five thousand square feet (5,000 ft2). Disturbance for the purpose of this ordinance is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting or removing of vegetation.
DEVELOPMENT, MINOR means all development other than major development.
DRAINAGE AREA means a geographic area within which stormwater, sediments, or dissolved materials drain to a BMP, a stormwater management system, a particular receiving waterbody or a particular point along a receiving waterbody.
ENVIRONMENTALLY CRITICAL AREA means 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 animal species; threatened or endangered plants of the Pinelands pursuant to N.J.A.C. 7:5-6.27(a); large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. T & E habitat constitutes habitat that is critical for the survival of a local population of threatened and endangered species or habitat that is identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program, whichever is more inclusive. Threatened and endangered wildlife shall be protected in conformance with N.J.A.C. 7:50-6.33.
EXCEPTION means the approval by the approving authority of a variance or other material departure from strict compliance with any section, part, phrase or provision of this ordinance. An exception may be granted only under certain specific, narrowly defined conditions described herein and does not constitute a waiver of strict compliance with any section, part, phrase or provision of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.).
EXTENDED DETENTION BASIN means a facility constructed through filling and/or excavation that provides temporary storage of stormwater runoff. It has an outlet structure that detains and attenuates runoff inflows and promotes the settlement of pollutants. An extended detention basin is normally designed as a multi-stage facility that provides runoff storage and attenuation for both stormwater quality and quantity management. The term "stormwater detention basin" shall have the same meaning as "extended detention basin."
FINISHED GRADE means the elevation of the surface of the ground after completion of final grading, either via cutting, filling or a combination thereof.
GRADING means modification of a land slope by cutting and filling with the native soil or re- distribution of the native soil, which is present at the site.
GROUNDWATER means water below the land surface in a zone of saturation.
GROUNDWATER MOUNDING ANALYSIS means a test performed to demonstrate that the groundwater below a stormwater infiltration basin will not "mound up," encroach on the unsaturated zone, break the surface of the ground at the infiltration area or downslope, and create an overland flow situation.
HEAVY EQUIPMENT means equipment, machinery, or vehicles that exert ground pressure in excess of eight (8) pounds per square inch.
HIGH POLLUTANT LOADING AREA means an area in an industrial or commercial development site: where solvents and/or petroleum products are loaded/unloaded, stored, or applied; where pesticides are loaded/unloaded or stored; where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; where recharge would be inconsistent with NJDEP-approved remedial action work plan or landfill closure plan; and/or where a high risk exists for spills of toxic materials, such as gas stations and vehicle maintenance facilities. The term "HPLA" shall have the same meaning as "High Pollutant Loading Area."
IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION is the process by which precipitation enters the soil through its surface.
IN LIEU CONTRIBUTION means a monetary fee collected by Pemberton Township in lieu of requiring strict on-site compliance with the groundwater recharge, stormwater runoff quantity and/or stormwater runoff quality standards established in this ordinance.
INSTALL means to assemble, construct, put in place or connect components of a stormwater management system.
MITIGATION means acts necessary to prevent, limit, remedy or compensate for conditions that may result from those cases where an applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in a local ordinance which is as protective as N.J.A.C. 7:8, and an exception from strict compliance is granted by Pemberton Township and the Pinelands Commission.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES MANUAL means guidance developed by the New Jersey Department of Environmental Protection, in coordination with the New Jersey Department of Agriculture, the New Jersey Department of Community Affairs, the New Jersey Department of Transportation, municipal engineers, county engineers, consulting firms, contractors, and environmental organizations to address the standards in the New Jersey Stormwater Management Rules, N.J.A.C. 7:8. The BMP manual provides examples of ways to meet the standards contained in the rule. An applicant may demonstrate that other proposed management practices will also achieve the standards established in the rules. The manual, and notices regarding future versions of the manual, are available from the Division of Watershed Management., NJDEP, PO Box 418, Trenton, New Jersey 08625; and on the NJDEP's website, www.njstormwater.org. The term "New Jersey BMP Manual" shall have the same meaning as "New Jersey Stormwater Best Management Practices Manual."
NJDEP means the New Jersey Department of Environmental Protection.
NJPDES means the New Jersey Pollutant Discharge Elimination System as set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.
NJPDES PERMIT means a permit issued by the NJDEP pursuant to the authority of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.A.C. 7:14A for a discharge of pollutants.
NONPOINT SOURCE means:
1. Any human-made or human-induced activity, factor, or condition, other than a point source, from which pollutants are or may be discharged;
2. Any human-made or human-induced activity, factor, or condition, other than a point source, that may temporarily or permanently change any chemical, physical, biological, or radiological characteristic of waters of the State from what was or is the natural, pristine condition of such waters, or that may increase the degree of such change; or
3. Any activity, factor, or condition, other than a point source, that contributes or may contribute to water pollution.
The term "NPS" shall have the same meaning as "nonpoint source."
NONSTRUCTURAL BMP means a stormwater management measure, strategy or combination of strategies that reduces adverse stormwater runoff impacts through sound site planning and design. Nonstructural BMPs include such practices as minimizing site disturbance, preserving important site features, reducing and disconnecting impervious cover, flattening slopes, utilizing native vegetation, minimizing turf grass lawns, maintaining natural drainage features and characteristics and controlling stormwater runoff and pollutants closer to the source. The term "Low Impact. Development technique" shall have the same meaning as "nonstructural BMP."
NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERMEABILITY means the rate at which water moves through a saturated unit area of soil or rock material at hydraulic gradient of one, determined as prescribed in N.J.A.C. 7:9A-6.2 (Tube Permeameter Test), N.J.A.C. 6.5 (Pit Bailing Test) or N.J.A.C. 6.6 (Piezometer Test). Alternative permeability test procedures may be accepted by the approving authority provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical, or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a Soil Permeability Class Rating Test, as described in N.J.A.C. 7:9A-6.3, nor a Percolation Test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for establishing permeability values for the purpose of complying with this ordinance.
PERMEABLE means having a permeability of one (1) inch per hour or faster. The terms "permeable soil," "permeable rock" and "permeable fill" shall be construed accordingly.
PERSON means any individual, corporation, company, partnership, firm, association, municipality or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
PINELANDS COMMISSION or "Commission" means the Commission created pursuant Section 5 of the Pinelands Protection Act, N.J.S.A. 13:18A-5.
PINELANDS CMP means the New Jersey Pinelands Comprehensive Management Plan (N.J.A.C. 7:50 1.1 et seq.).
POINT SOURCE means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
POLLUTANT means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substances (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, suspended solids, 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.
PROFESSIONAL ENGINEER means a person licensed to practice Professional Engineering in the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.
RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REPLICATE means one of two or more soil samples or tests taken at the same location (within five feet of each other) and depth, within the same soil horizon or substratum. In the case of fill material, replicate tests are tests performed on sub-samples of the same bulk sample packed to the same bulk density.
SAND means a particle size category consisting of mineral particles, which are between 0.05 and 2.0 millimeters in equivalent spherical diameter. Also, a soil textural class having 85 percent or more of sand and a content of silt and clay such that the percentage of silt plus 1.5 times the percentage of clay does not exceed 15, as shown in Section 11.C.1 (USDA Soil Textural Triangle).
SEASONALLY HIGH WATER TABLE means the upper limit of the shallowest zone of saturation which occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.
SEDIMENT means 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 means the lot or lots upon which a major development is to occur or has occurred.
SOIL means all unconsolidated mineral and organic material of any origin, which is not a rock substratum, including sediments below the biologically active and/or weathered zones.
SOURCE MATERIAL means any material(s) or machinery, located at an industrial facility, which is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
STORMWATER means 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 INFILTRATION BMP means a basin or other facility constructed within permeable soils that provides temporary storage of stormwater runoff. An infiltration BMP does not normally have a structural outlet to discharge runoff from the stormwater quality design storm. Instead, outflow from an infiltration BMP is through the surrounding soil. The terms "infiltration measure" and "infiltration practice" shall have the same meaning as "stormwater infiltration basin."
STORMWATER MANAGEMENT MEASURE means 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 non-stormwater discharges into stormwater conveyances. This includes, but is not limited to, structural and nonstructural stormwater Best Management Practices described in the New Jersey BMP Manual and designed to meet the standards for stormwater control contained within this ordinance. The terms "stormwater Best Management Practice" and "stormwater BMP" shall have the same meaning as "stormwater management measure."
STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
SUITABLE SOIL means unsaturated soil, above the seasonally high water table, which contains less than fifty percent (50%) by volume of coarse fragments and which has a tested permeability rate of between one (1) and twenty (20) inches per hour.
SURFACE WATER means any waters of the State, which are not groundwater.
TIME OF CONCENTRATION means the time it takes for runoff to travel from the hydraulically most distant point of the drainage area to the point of interest within a watershed.
TOTAL SUSPENDED SOLIDS means the insoluble solid matter suspended in water and stormwater that is separable by laboratory filtration in accordance with the procedure contained in the "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation. The term "TSS" shall have the same meaning as "Total Suspended Solids."
TIDAL FLOOD HAZARD AREA means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
WATERS OF THE STATE means the ocean and its estuaries, all springs, streams and bodies of surface and groundwater, whether natural or artificial, within the boundaries of New Jersey or subject to its jurisdiction.
WATER TABLE means the upper surface of a zone of saturation.
WELL means a bored, drilled or driven shaft, or a dug hole, which extends below the seasonally high water table and which has a depth which is greater than its largest surface dimension.
WETLANDS mean those lands, which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands: A Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January, 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in this section, N.J.A.C. 7:50 2.11, 6.4 and 6.5. The term "wetland" shall have the same meaning as "wetlands."
WET POND means a stormwater facility constructed through filling and/or excavation that provides both permanent and temporary storage of stormwater runoff. It has an outlet structure that creates a permanent pool and detains and attenuates runoff inflows and promotes the settling of pollutants. A stormwater retention basin can also be designed as a multi-stage facility that also provides extended detention for enhanced stormwater quality design storm treatment and runoff storage and attenuation for stormwater quantity management. The term "stormwater retention basin" shall have the same meaning as "wet pond."
A-HORIZON means the uppermost mineral horizon in a normal soil profile. The upper part of the A-horizon is characterized by maximum accumulation of finely divided, dark colored organic residues, known as humus, which are intimately mixed with the mineral particles of the soil.
ARTESIAN ZONE OF SATURATION means a zone of saturation which exists immediately below a hydraulically restrictive horizon, and which has an upper surface, which is at a pressure greater than atmospheric, either seasonally or throughout the year.
CHROMA means the relative purity or strength of a color, a quantity that decreases with increasing grayness. Chroma is one of the three variables of soil color as defined in the Munsell system of classification.
CLAY means a particle size category consisting of mineral particles, which are smaller than 0.002 millimeters in equivalent spherical diameter. Also, a soil textural class having more than 40 percent clay, less than 45 percent sand, and less than 40 percent silt, as shown in Section 11.C.1 (USDA Soil Textural Triangle).
CLAY LOAM means a soil textural class having 27 to 40 percent clay and 20 to 45 percent sand, as shown in Section 11.C.1 (USDA Soil Textural Triangle).
COARSE FRAGMENT means a rock fragment contained within the soil which is greater than two millimeters in equivalent spherical diameter or which is retained on a two-millimeter sieve.
COUNTY SOIL SURVEY REPORT means a report prepared by the US Department of Agriculture, Natural Resources Conservation Service which includes maps showing the distribution of soil mapping units throughout a particular county together with narrative descriptions of the soil series shown and other information relating to the uses and properties of the various soil series.
DIRECT SUPERVISION means control over and direction of work carried out by others with full knowledge of and responsibility for such work.
EQUIVALENT SPHERICAL DIAMETER of a particle means the diameter of a sphere, which has a volume equal to the volume of the particle.
EXCESSIVELY COARSE HORIZON means a horizon of limited thickness within the soil profile which provides inadequate removal of pollutants from stormwater due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.
EXCESSIVELY COARSE SUBSTRATUM means a substratum below the soil profile which extends beyond the depth of soil profile pits and borings and which provides inadequate removal of pollutants from stormwater due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.
EXTREMELY FIRM CONSISTENCE means a type of soil material whose moist aggregated mass crushes only under very strong pressure; cannot be crushed between the thumb and forefinger and shall be broken apart bit by bit.
FIRM CONSISTENCE means a type of soil material who's moist aggregated mass crushes under moderate pressure between the thumb and forefinger but resistance is distinctly noticeable.
HARD CONSISTENCE means a type of soil material whose dry aggregated mass is moderately resistant to pressure; can be broken in the hands without difficulty but is barely breakable between the thumb and forefinger.
HUE means the dominant spectral color, one of the three variables of soil color defined within the Munsell system of classification.
HYDRAULICALLY RESTRICTIVE HORIZON means a horizon within the soil profile which slows or prevents the downward or lateral movement of water and which is underlain by permeable soil horizons or substrata. Any soil horizon which has a saturated permeability less than one (1.0) inch per hour is hydraulically restrictive.
HYDRAULICALLY RESTRICTIVE SUBSTRATUM means a substratum below the soil profile which slows or prevents the downward or lateral movement of water and which extends beyond the depth of profile pits or borings or to a massive substratum. A substratum which has a saturated permeability less than one (1.0) inch per hour is hydraulically restrictive.
LOAMY SAND means a soil textural class, as shown in Section 11.C.1 (USDA Soil Textural Triangle), that has a maximum of 85 to 90 percent (85-90%) sand with a percentage of silt plus one and a half (1.5) times the percentage of clay not in excess of fifteen (15); or a minimum of 70 to 85 percent (70-85%) sand with a percentage of silt plus one and a half (1.5) times the percentage of clay not in excess of thirty (30).
LOWER PLASTIC LIMIT means the moisture content corresponding to the transition between the plastic and semi-solid states of soil consistency. This corresponds to the lowest soil moisture content at which the soil can be molded in the fingers to form a rod or wire, one-eighth (1/8) inches in thickness, without crumbling.
MOTTLING means a color pattern observed in soil consisting of blotches or spots of contrasting color. The term "mottle" refers to an individual blotch or spot. The terms "color variegation," "iron depletion" and "iron concentration" are equivalent to the term "mottling." Mottling due to redoximorphic reactions is an indication of seasonal or periodic and recurrent saturation.
MUNSELL SYSTEM means a system of classifying soil color consisting of an alpha- numeric designation for hue, value and chroma, such as "7.5 YR 6/2," together with a descriptive color name, such as "strong brown."
O-HORIZON means a surface horizon, occurring above the A-horizon in some soils, which is composed primarily of undecomposed or partially decomposed plant remains, which have not been incorporated into the mineral soil.
PERCHED ZONE OF SATURATION means a zone of saturation which occurs immediately above a hydraulically restrictive horizon and which is underlain by permeable horizons or substrata, which are not permanently or seasonally saturated.
PIEZOMETER means a device consisting of a length of metal or plastic pipe, open at the bottom or perforated within a specified interval, and used for the determination of depth to water, permeability or hydraulic head within a specific soil horizon or substratum.
PLATY STRUCTURE is characterized by a soil aggregate, which has one axis distinctly shorter than the other two and are oriented with the short axis vertical.
REGIONAL ZONE OF SATURATION means a zone of saturation, which extends vertically without interruption below the depth of soil borings and profile pits.
SANDY CLAY means a soil textural class having 35 percent (35%) or more of clay and 45 percent (45%) or more of sand, as shown in Section 11.C.1 (USDA Soil Textural Triangle).
SANDY LOAM means a soil textural class, as shown in Section 11.C.1 (USDA Soil Textural Triangle), that has a maximum of 20 percent clay, and the percentage of silt plus twice the percentage of clay exceeds 30, and contains 52 percent or more sand; or less than 7 percent clay, less than 50 percent silt, and between 43 and 52 percent sand.
SILT means a particle size category consisting of mineral particles, which are between 0.002 and 0.05 millimeters in equivalent spherical diameter. It also means a soil textural class having 80 percent or more of silt and 12 percent or less of clay, as shown in Section 11.C.1 (USDA Soil Textural Triangle).
SILT LOAM means a soil textural class having 50 percent or more of silt and 12 to 27 percent of clay; or 50 to 80 percent of silt and less than 12 percent of clay, as shown in Section 11.C.1 (USDA Soil Textural Triangle).
SILTY CLAY means a soil textural class having 40 percent or more of clay and 40 percent or more of silt, as shown in Section 11.C.1 (USDA Soil Textural Triangle).
SILTY CLAY LOAM means a soil textural class having 27 to 40 percent of clay and less than 20 percent of sand, as shown in Section 11.C.1 (USDA Soil Textural Triangle).
SOIL AGGREGATE means a naturally occurring unit of soil structure consisting of particles of sand, silt, clay, organic matter, and coarse fragments held together by the natural cohesion of the soil.
SOIL COLOR means the soil color name and Munsell color designation determined by comparison of the moist soil with color chips contained in a Munsell soil color book.
SOIL CONSISTENCE means the resistance of a soil aggregate or clod to being crushed between the fingers or broken by the hands. Terms for describing soil consistence described are in N.J.A.C. 7:9A-5.3(h).
SOIL HORIZON means a layer within a soil profile differing from layers of soil above and below it in one or more of the soil morphological characteristics including color, texture, coarse fragment content, structure, consistence and mottling.
SOIL LOG means a description of the soil profile, which includes the depth, thickness, color, texture, coarse fragment content, mottling, structure and consistence of each soil horizon or substratum.
SOIL MAPPING UNIT means an area outlined on a map in a County Soil Survey Report and marked with a letter symbol designating a soil phase, a complex of two or more soil phases, or some other descriptive term where no soil type has been identified.
SOIL PHASE means a specific type of soil which is mapped by the Natural Resources Conservation Service and which belongs to a soil series described within the County Soil Survey Report.
SOIL PROFILE means a vertical cross-section of undisturbed soil showing the characteristic horizontal layers or horizons of the soil, which have formed as a result of the combined effects of parent material, topography, climate, biological activity and time.
SOIL SERIES means a grouping of soil types possessing a specific range of soil profile characteristics, which are described within the County Soil Survey Report. Each soil series may consist of several "soil phases" which may differ in slope, texture of the surface horizon or stoniness.
SOIL STRUCTURAL CLASS means one of the shape classes of soil structure described in N.J.A.C. 7:9A-5.3(g).
SOIL STRUCTURE means the naturally occurring arrangement, within a soil horizon, of sand, silt and clay particles, coarse fragments and organic matter, which are held together in clusters or aggregates of similar shape and size.
SOIL TEST PIT means an excavation made for the purpose of exposing a soil profile, which is to be described.
SOIL TEXTURAL CLASS means one of the classes of soil texture defined within the USDA system of classification. (Soil Survey Manual, Agricultural Handbook No. 18, USDA Soil Conservation Service 1962.)
SOIL TEXTURE means the relative proportions of sand, silt and clay in that portion of the soil, which passes through a sieve with two-millimeter openings.
STATIC WATER LEVEL means the depth below the ground surface or the elevation with respect to some reference level, of the water level observed within a soil profile pit or boring, or within a piezometer, after this level has stabilized or become relatively constant with the passage of time.
SUBSTRATUM means a layer of soil or rock material present below the soil profile and extending beyond the depth of soil borings or profile pits.
UNSUITABLE SOIL means all soil other than suitable soil.
USDA SYSTEM OF CLASSIFICATION means the system of classifying soil texture used by the United States Department of Agriculture, which defines 12 soil textural classes based upon the weight percentages of sand, silt and clay in that portion of the soil, which passes through a sieve with two-millimeter (2 mm) openings. The soil textural classes are shown graphically on the USDA Soil Textural Triangle, as shown in Section 11.C.1.
VALUE means the relative lightness or intensity of a color, one of the three variables of soil color defined within the Munsell system of classification.
VERY FIRM CONSISTENCE is characterized by a moist soil which crushes under strong pressure; barely crushable between thumb and forefinger.
VERY HARD CONSISTENCE is characterized by a dry soil which is resistant to pressure, can be broken in the hands only with difficulty; not breakable between the thumb and forefinger.
ZONE OF SATURATION means a layer within or below the soil profile, which is saturated with ground water either seasonally or throughout the year. This includes both regional and perched zones.
BASE DENSITY - The permitted density when Pinelands Development Credits are not employed, as specified in the R-1 and R-A Districts
CONTINUING CARE RETIREMENT COMMUNITY, CCRC - A residential development for the exclusive habitation of people age sixty-two (62) or older and providing a variety of levels of care and support activities for elderly residents, including intermediate care beds and skilled nursing care beds, dining facilities, limited commercial facilities, etc , all contained "nth a single development scheme and as defined and regulated by the New Jersey Department of Health and the New Jersey Department of Community Affairs.
DUPLEX - A residential structure consisting of two (2) dwelling units arranged side by side
NET DENSITY - The density of development of a specific portion of a development tract (i.e., apartments, townhouses, patio houses, etc)
NURSING HOME - An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves
PLANNED RETIREMENT COMMUNITY DEVELOPMENT - A residential development for the exclusive habitation of people at age fifty-five (55) or older, and includes nursing homes, continuing care retirement communities (CCRC), licensed or regulated by the New Jersey Department of Health or the New Jersey Department of Community Affairs, as well as residential communities unlicensed or unregulated but which retain a private age restriction mechanism
QUADRUPLEX - A one-story residential structure consisting of four (4) attached dwelling units.
TRACT - When used in connection to a planned retirement community, the term shall refer to all portions of a single development scheme under one ownership or control for purposes of a development application