APPEAL A request for a review of the Zoning Officer's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING A designated AO, AH, or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with an annual one-percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
AREAS OF SPECIAL FLOOD-RELATED EROSION HAZARD The land within a community which is most likely to be subject to severe flood-related erosion losses. After a detailed evaluation, the special flood-related erosion hazard area will be designated as Zone E on the Flood Insurance Rate Map.
BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard, "elevated buildings" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
EROSION The process of the gradual wearing away of land masses.
FLOOD INSURANCE STUDY (FIS) The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD-RELATED EROSION The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
FLOOD-RELATED EROSION AREA MANAGEMENT The operation of an overall program of corrective and preventive measures for reducing flood- related erosion damage, including but not limited to emergency preparedness plans, flood- related erosion control works, and floodplain management regulations.
FLOOD-RELATED EROSION AREA OR FLOOD-RELATED EROSION-PRONE AREA A land area adjoining the shore of a lake or other body of water which, due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion.
FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR The lowest floor of the lowest enclosed area, including basement. An unfinished or flood- resistant enclosure, usable solely for the parking of vehicles, building access or storage, in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the Township.
RECREATIONAL VEHICLE A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the longest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers or foundations, or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE A walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE A grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
ACCESSORY BUILDING See "building, accessory."
ACCESSORY STRUCTURE See "structure, accessory."
ACCESSORY USE See "use, accessory."
ACTIVE RECREATION See "recreation, active."
ADMINISTRATIVE OFFICER The Director of Planning and Zoning of the Township of Jackson; provided, however, that for the purpose of issuing certificates of completeness, the administrative officer shall be the Planning Board Engineer or Board of Adjustment Engineer.
AGRICULTURAL USE A land use to derive income from the production of crops and/or raising of livestock.
ALTERATIONS As applied to a building or structure, a change or rearrangement in the structural supports; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.
ANIMAL CARE FACILITY Veterinary clinics, hospitals, boarding and training kennels, pounds and similar facilities operated either as commercial facilities or on a nonprofit or philanthropic basis.
ANIMATED SIGN See "sign, animated."
APPLICANT A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
APPROVING AUTHORITY The Planning Board of the Township of Jackson, unless a different agency is designated by ordinance when acting pursuant to this chapter.
ARTERIAL, MAJOR See "street hierarchy, major arterial."
ARTERIAL, MINOR See "street hierarchy, minor arterial."
ARTERIAL, PRINCIPAL See "street hierarchy, major arterial."
AUTOMOBILE BODY SHOP A building or portion of a building in which body work or refinishing work performed on motor vehicles is the principal purpose.
AUTOMOBILE REPAIR SHOP The same as "motor vehicle repair garage."
AUTOMOBILE SALES AGENCY A place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities, with or without a used car lot on the same business premises or immediately adjacent thereto.
AUTOMOBILE SERVICE STATION The same as "motor vehicle service station."
BASE FLOOD ELEVATION The elevation, based on mean sea level, of a flood that has a one-percent or greater chance of occurrence in any given year, as established by the Federal Insurance Administration of the Department of Housing and Urban Development and as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration.
BASEMENT A space having 1/2 or more of its floor-to-ceiling height above the average level of the finished grade of the adjoining ground with a floor-to-ceiling height of not less than six and 1/2 feet.
BERM A mound of soil, either natural or man-made, topped with deciduous and/or evergreen trees, used as a view and/or sound obstruction or landscape feature.
BICYCLE-COMPATIBLE ROADWAY A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.
BILLBOARD See "sign, billboard."
BOARDINGHOUSE Any dwelling for hire in which more than two persons are housed or lodged, with or without meals.
BOARD OF ADJUSTMENT The Board established pursuant to N.J.S.A. 40:55D-69. The term "Board of Adjustment," as used in this chapter, also means the Planning Board when it is acting pursuant to N.J.S.A. 40:55D-60.
BUFFER An area within a property or site, generally adjacent to and parallel to the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.
BUILDABLE AREA The area of a lot remaining after the minimum yard, setback, buffer, wetlands and other open space requirements established by this chapter have been met.
BUILDING A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING, ACCESSORY A building which is customarily associated with and subordinate and incidental to a principal building, 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.
BUILDING AREA The total of all areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, patios, terraces or steps having vertical faces, which at all points are less than three feet above the level of the ground.
BUILDING COVERAGE The horizontal area measured within the outside of the exterior walls of all principal and accessory buildings on a lot.
BUILDING HEIGHT The vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; to the mean height level of the distance measured between the eaves and ridge for gable and hipped roofs; to the deckline for mansard roofs. Where berms or other man-made land forms are proposed at the base of the building, building height shall be measured from the finished grade beyond said berm or man-made land forms.
BUILDING LINE A line formed by the intersection of a horizontal plane with a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of the building, the vertical plane shall coincide with the most projected surface. All setbacks shall be measured to the building line.
BUILDING, NONCONFORMING A building which, in its design or location upon a lot, does not conform to the regulations of this chapter for the zoning district in which it is located.
BUILDING, PRINCIPAL A building in which is conducted the main or principal use of a lot on which said building is located.
BULK STORAGE The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.
BUSINESS OFFICE A business establishment which does not offer a product or merchandise for sale to the public, but which offers a service to the public. However, personal services, such as barbershops and beauty shops, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office."
CAMPGROUND A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for children or adults, or both, for a total of 15 days or more in any calendar year, for recreation, education or vacation purposes.
CAMPING UNIT Any tent or camping vehicle located temporarily on a campsite, or a cabin, lean-to or similar structure established or maintained and operated in a campground as temporary living quarters for children or adults, or both, for recreational, educational or vacation purposes, but not including any camping unit kept by its owner on land occupied by him in connection with his dwelling or any camping unit which is not occupied and which is kept at a campground for storage purposes only at a location reserved for the storage of such camping units.
CAMPSITE Any plot of ground, within a campground, intended for the exclusive temporary occupation by a camping unit or units under the control of a camper.
CAPITAL IMPROVEMENT A governmental acquisition of real property or a major construction project.
CARPORT A roofed structure, or portion of a building or structure attached to the principal building on the same lot, which provides space for the parking and storage of vehicles and is enclosed on not more than three sides.
CARTWAY The actual street surface area from curbline, which may include travel lanes, parking lanes and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edge of the paved or hard surface width.
CELLAR A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground, or with a floor-to-ceiling height of less than 6 1/2 feet.
CERTIFICATE OF COMPLETENESS A certificate issued by the Planning Board Engineer, after all required submissions have been made in proper form, certifying that an application for development is complete.
CERTIFICATE OF OCCUPANCY A certificate issued upon completion of construction and/or alteration of any building or the change in occupancy of a commercial or industrial building indicating compliance with the Uniform Construction Code. [Amended 7-23-2001 by Ord. No. 29-01]
CERTIFICATE OF ZONING A certificate issued by the administrative officer stating the zoning district within which a parcel is located.
CHANGE IN USE
(1) Any change from an industrial use to any other industrial use or to any other use category;
(2) Any increase in the number of dwelling units in a structure which would result in three or more total units;
(3) Any change from nonresidential use to any other use for which any standard set forth in this chapter is greater or more restrictive;
(4) Any change from a residential use to any nonresidential use; or
(5) Any change in use from any existing or permitted use to any conditional use.
CHILD-CARE CENTER A child-care facility for which a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
CHURCH A building or group of buildings, including customary accessory buildings, designed or intended for worship on a permanent or continuous basis.
COMMERCIAL NURSERY The same as "nursery."
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED Any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (FL. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.) and this chapter.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
COMPLETE APPLICATION An application for development which complies in all respects with the appropriate submission requirements set forth in this chapter.
CONCEPT PLAN A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.
CONDITIONAL USE See "use, conditional."
CONSERVATION EASEMENT An easement precluding future or additional development of land and prohibiting filling or grading of lands and the disposal of refuse or waste material of any type and the removal of trees within the limits of the easement. [Amended 3-12-2001 by Ord. No. 07-01]
CONTRIBUTION Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates' committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of this chapter, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed. [Added 8-8-2005 by Ord. No. 32-05]
CONTRIBUTION DISCLOSURE STATEMENT A list specifying the amount, date, and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidates' committee, political committee, continuing political committee or political party committee of, or pertaining to, this municipality, made up to one year prior to filing the variance application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq. [Added 8-8-2005 by Ord. No. 32-05]
CONVENTIONAL DEVELOPMENT Development other than planned development.
CORNER LOT See "lot, corner."
CURB A vertical or sloping edge of a roadway.
DAY-CARE CENTER The same as "child-care center."
DAYS Calendar days.
DENSITY The same as "residential density."
DETENTION BASIN A pond, pool or dry basin used for the storage of stormwater runoff, having a structure or structures to control the rate of stormwater outflow from the pond, pool or dry basin.
DEVELOPER The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.
DEVELOPMENT The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration or relocation or enlargement of any building or other structure; 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 may be required pursuant to this chapter.
DEVELOPMENTALLY DISABLED PERSON A person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).
DEVELOPMENT PERMIT A document, signed by the Director of Planning and Zoning, which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom, duly authorized by a municipal agency.
DEVELOPMENT REGULATION This chapter or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
DIAMETER BREAST HEIGHT (DBH) The diameter of a tree measured at 4 1/2 feet above the existing grade.
DISTRICT See "zone."
DRAINAGE The removal of surface water or groundwater from land by drains, grading or other means, and which shall include control of runoff during and after construction or development to minimize erosion and sedimentation to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution and to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE FACILITY Any component of the drainage system.
DRAINAGE FLOW, NATURAL The pattern of surface and stormwater drainage from a particular site, or portion thereof, before the construction or installation of improvements or prior to any grading, excavation or filling.
DRAINAGE RIGHT-OF-WAY The lands required for the installation of stormwater sewers or drainage channels or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRIPLINE An vertical line extending from the outermost edge of a tree canopy or shrub branch to the ground. [Amended 3-12-2001 by Ord. No. 07-01]
DRIVEWAY A paved or unpaved area used for the ingress or egress of vehicles and allowing access from a street to a building or other structure, facility or use.
DUPLEX See "dwelling, two-family."
DWELLING Any building or portion thereof designed for and containing one or more dwelling units used exclusively for human habitation.
DWELLING, ATTACHED A single-family dwelling attached to two or more single-family dwellings by one or more common fire-resistant unpierced walls, exclusive of floors and stairways.
DWELLING, DETACHED A dwelling physically detached from other dwelling buildings or portions of dwellings or buildings.
DWELLING, DUPLEX See "dwelling, two-family."
DWELLING, MULTIFAMILY A building designed for or containing three or more dwelling units.
DWELLING, SINGLE-FAMILY A building containing one dwelling unit.
DWELLING, TWO-FAMILY A dwelling on a single lot containing two dwelling units, each of which is totally separated from the other by a common vertical unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT One or more rooms containing cooking, eating, living, sleeping and sanitary facilities or a combination thereof, provided within the dwelling unit, which are entirely separated from any other dwelling unit, which do not require access through another dwelling unit and which are designed for and occupied and used exclusively by a single family.
DWELLING UNIT, EFFICIENCY A dwelling unit consisting of not more than one habitable room, together with a kitchen or kitchenette and sanitary facilities.
EASEMENT A grant of property rights by the property owner to and/or for use by the Township, county, state, Municipal Utilities Authority or other public or quasi-public agency, private parties or their agents.
ENVIRONMENTAL COMMISSION The Jackson Township 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, ice, wind and gravity.
ESSENTIAL SERVICES Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits and cables and including normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
EXECUTIVE RESIDENCE A detached dwelling containing up to eight bedrooms with common kitchen, dining and living areas and not available to the general public. [Added 3-2-1993 by Ord. No. 6-93]
EXEMPT DEVELOPMENT Development of a property where site plan and/or subdivision approval shall not be required for the following:
(1) Construction, additions or alterations related to single-family detached or two-family detached dwellings on individual lots.
(2) Interior alterations which do not increase the required number of off-street parking spaces.
(3) Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent.
(4) Any increase in the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site not exceeding 15% of the amount existing at the time of passage of this chapter, or as set forth at the time of a previous site plan approval; provided, however, that only one such exemption for any property shall be allowed under this subsection.
(5) Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site, provided that the underground installation of fuel-oil tanks or tanks for the storage of flammable or combustible liquids or materials shall have been approved by the Jackson Township Bureau of Fire Prevention.
(6) The construction or alteration of or addition to any off-street parking area which provides an increase of 10 or fewer vehicle parking spaces; provided, however, that only one such exemption for any property shall be allowed under this subsection.
(7) Home professional offices of less than 500 square feet within existing buildings located in districts where such home professional offices are permitted accessory uses or conditional uses, provided that such office does not require more than five off-street parking spaces pursuant to the provisions of this chapter.
(8) Farms and accessory farm buildings and structures, provided that such buildings and structures are located on, operated in conjunction with and necessary to the operation of a farm as defined in this chapter.
EXTRAORDINARY TREE See "tree, extraordinary."
FAMILY One or more persons occupying a dwelling unit and living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house.
FAMILY DAY-CARE HOME Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child-care services are regularly provided to no fewer than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
(1) The child being cared for is legally related to the provider; or
(2) The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
FARM Any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock or dairy products.
FENCE An artificially constructed barrier of wood, masonry, stone, wire, metal or other manufactured material or combination of materials.
FENCE, OPEN A fence in which 2/3 of the area between grade level and the top cross member is open.
FINAL PLAT The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter.
FINISHED ELEVATION See "grade, finished."
FLOOD HAZARD AREA, FLOODPLAIN AND FLOODWAY As defined and regulated by the New Jersey Department of Environmental Protection (NJDEP) pursuant to the New Jersey Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
FLOOR AREA, GROSS The sum of the gross horizontal areas of all floors of a building or structure, measured between the inside faces of exterior walls or from the center line of a common wall separating two uses, buildings, structures or dwelling units, including basements, cellars and storage areas, but excluding interior vehicular parking or loading areas, or any space where the floorto-ceiling height is less than six feet.
FLOOR AREA, NET The total of all floor areas of a building or structure, excluding stairwells, elevator shafts, equipment rooms, interior vehicular parking or loading areas, and all floors below the first or ground floor, except when designed, occupied, used or intended to be used for human habitation or service to the public.
FLOOR AREA RATIO The sum of the area of all floors of buildings or structures compared to the total area of the site.
FOOTCANDLE The unit of illumination when the foot is the unit of the length.
FOREST MANAGEMENT PLAN A plan which details the management practices proposed to be employed on a site, including but not limited to harvesting practices and reforestation, and setting forth the following:
(1) Location and size of the tract.
(2) Type of ownership.
(3) Map of the property showing what lands, types of vegetation cover, receiving waters, location of stream crossings and alternatives, locations of skid trails, location of access roads and landings, cutting boundaries and size of filter or buffer strips.
(4) Property description, including land use and acreage of open, crop and wood land; general soil types and erodibility; range of percent of slope; timber quality and age (forest type, species, age, DBH, height, volume and reproduction); and understory.
(5) Description of the timber to be harvested.
(6) Description of the regeneration plans.
(7) Description of intermediate management practices to be applied.
FREEWAY See "street hierarchy, freeway."
FRESHWATER WETLAND See "wetland."
FRONTAGE See "lot frontage."
FRONT LOT LINE See "lot line, front."
FRONT YARD See "yard, front."
GARAGE A building or structure, or portion thereof, designed, used or intended to be used for the parking and storage of vehicles.
GARAGE, COMMUNITY A garage designed, used or intended to be used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the general public and which is owned, leased or cooperatively operated by such residents.
GARAGE, PRIVATE RESIDENTIAL A building or structure which is accessory to a principal residential building, which is designed, used or intended to be used for the parking and storage of vehicles owned and operated by the residents thereof and in which no commercial use, enterprise, occupation, business or service occurs or is available to the general public.
GAS STATION The same as "motor vehicle service station."
GENERAL DEVELOPMENT PLAN A comprehensive plan for the development of a planned development, as provided for in the Municipal Land Use Law (N.J.S.A. 40:55D-45.1 through 40:55D-45.8) and within this chapter at §§ 244-29 and 244-53. [Amended 12-23-2002 by Ord. No. 50-02; 3-27-2006 by Ord. No. 07-06]
GOVERNING BODY The Township Committee of the Township of Jackson.
GRADE, EXISTING The vertical location of the ground surface prior to excavating or filling.
GRADE, FINISHED The final elevation of the ground surface, walks, streets or roads brought to grade after development, as shown on approved plans or designs relating thereto, or as existing if no plans or designs have been approved.
GRADE, NATURAL The elevation of the ground surface in its natural state before any grading, excavation or filling.
GROUND SIGN See "sign, ground."
GROUND SURFACE, NATURAL The ground surface in its original state before the construction or installation of improvements or prior to any grading, excavation or filling.
GROUP HOME A single-family dwelling used in the placement of not more than 12 children pursuant to law, recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies.
HABITABLE FLOOR AREA The total floor area of all the habitable rooms in a dwelling unit.
HABITABLE ROOM Any room or other enclosed portion of a dwelling unit, other than a kitchen, bathroom, closet, pantry, hallway, staircase, storage space, garage, carport, unfinished or finished cellar or unfinished or finished basement.
HALF STORY See "story, half."
HEALTH CARE FACILITY The facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic-disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for the sheltered care of adult persons, bioanalytical laboratory (except as specifically excluded hereunder) or central services facility serving one or more such institutions, but excluding institutions that provide healing solely by prayer and excluding such bioanalytical laboratories as are independently owned and operated and are not owned, operated, managed or controlled, in whole or in part, directly or indirectly, by any one or more health care facilities and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey and which solicit or accept specimens and operate predominantly in interstate commerce.
HISTORIC SITE Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of Jackson Township, Ocean County, the State of New Jersey or the nation and has been so designated pursuant to N.J.S.A. 40:55D-1 et seq.
HISTORIC TREE A tree which has been found by a professional forester, horticulturist or other professional plantsman to be of notable historic interest to the Township because of its age, type, size or historic association and which has been so designated, and that designation has been officially made and promulgated as part of the official records of the Township, county or state.
HOME OCCUPATION Such gainful employment or occupation of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. The retail sales of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed hereunder to be a home occupation.
HOMEOWNERS' ASSOCIATION An association organized in a development in which individual property owners share common interests in ownership, maintenance and operations of community facilities and open space.
HOME PROFESSIONAL OFFICE A licensed professional's office conducted entirely within the dwelling or accessory building to the dwelling which is the bona fide residence of the practitioner.
HOSPITAL A building or series of buildings primarily for the treatment of patients to be housed on the premises and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the buildings such related facilities as laboratories, outpatient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.
HOTEL A building designed for and offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreation facilities; however, no provision shall be made for cooking in any individual lodging room or suite.
HOUSEHOLD A family living together in a dwelling unit, with common access to and common use of all living, sleeping and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
IMPERVIOUS COVERAGE The total area of impervious surfaces on a lot, expressed as a percentage of the lot area.
IMPERVIOUS SURFACE A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
IMPROVED LOT A lot containing an improvement.
IMPROVED PUBLIC ROAD OR STREET A street constructed in accordance with the standards set forth in this chapter, or a street which has been accepted and maintained by the Township, county or state, meeting the minimum requirements set forth in § 244-155C(3).
IMPROVEMENT Any man-made, immovable item which becomes part of, placed upon or is affixed to land.
INGRESS Access or entry.
INTERESTED PARTY In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose rights to use, acquire or enjoy property are or may be affected by any action taken under this chapter and/or pursuant to the provisions of P.L. 1975, c. 291, or whose rights to use, acquire or enjoy property under the provisions of P.L. 1975, c. 291, or under any other law of the State of New Jersey or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
INTERIOR LOT See "lot, interior."
JUNKYARD Any lot, structure or building or portion thereof used for the outdoor storage, collection, keeping, processing, purchase, sale or abandonment of junk, including scrap materials; or used for the dismantling, demolition or abandonment of structures, automobiles, equipment, machinery or parts thereof. The term "junkyard," as defined herein, includes automobile wrecking yards, salvage yards or recycling centers. Any person, persons, firm or corporation who shall permit the outdoor storage or keeping of more than one unregistered, inoperative or abandoned vehicle not in a state of major disrepair, item of equipment, machinery or parts thereof, except as may be part of an allowed use of the premises, shall be deemed to be operating a junkyard.
KIOSK A small, freestanding structure upon which temporary information and/or posters, notices and announcements are posed for the benefit of the public.
LAND CLEARING STAGE Those operations where trees and vegetation are removed and which occur prior to the construction of buildings; e.g., road right-of-way excavation and paving, lake and drainage system excavation, utility excavation, grubbing and any other necessary clearing operations.
LAND DISTURBANCE Any activity involving the clearing, cutting, grading, excavation, filling or transporting or any other activity which alters land topography or vegetative cover.
LAND USE A description of how land is occupied and/or utilized.
LIFE CARE FACILITY OR DEVELOPMENT A parcel of land developed as a comprehensive and integrated system, combining independent living accommodation for the elderly with the provision of recreational, social, health care and support services and functions intended for the residents and other users of such facility or development and their guests.
LIGHT MANUFACTURING The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
LIVESTOCK All animals kept or raised, including but not limited to animals raised for slaughter or sale, animals kept for breeding, chickens kept for laying eggs, work animals and animals kept for producing dairy products.
LOADING SPACE An off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.
LOT A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
LOT AREA The total land area within the limits of the lot lines bounding that area, and which is always expressed in terms of square feet. Any portion of a lot included in a street right-of-way, existing or proposed, shall not be included in calculating lot area. Portions of lots encumbered by easements, wetlands and wetlands transition (buffer) areas shall be included in calculating lot area. For all detached single-family building lots within the non-Pinelands portion of the Township, a minimum of 75% of the required minimum lot area shall be outside of regulated wetlands, and a minimum of 50% of the required minimum lot area shall be outside of regulated wetlands and the required wetlands transition (buffer) areas.
LOT, CORNER A lot or parcel of land abutting or fronting on two or more intersecting streets. On corner lots, all yards facing on a street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which the lot is located, except as otherwise provided in this chapter.
LOT COVERAGE The percentage of the total lot area which is covered by impervious surfaces, principal buildings, and accessory buildings and uses. [Amended 10-26-2010 by Ord. No. 27-10]
LOT DEPTH The shortest distance between the front lot line and a line drawn parallel thereto through the midpoint of the rear lot line, provided that in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line, which shall not be less than 10 feet in length measured between its intersections with the side lot lines. On corner lots having two side lot lines, one side lot line shall be considered a rear lot line only for the purpose of determining lot depth.
LOT FRONTAGE The horizontal distance of lot lines or portions thereof, which are coexistent with a street right- of-way line.
LOT, INTERIOR A lot other than a corner lot.
LOT LINE Any line designating the extent or boundary of a lot, which shall be further defined as follows:
(1) FRONT LOT LINE - A lot line or portion thereof which is coexistent with a street right- of-way line or, in the case of private streets, with the street line.
(2) REAR LOT LINE - The lot line most distant and generally opposite and parallel to the front lot line. In the case of an irregularly shaped lot, the lot line which is most nearly parallel to and at the greatest average distance from the street right-of-way line, or, on private streets, the street line shall be considered the rear lot line.
(3) SIDE LOT LINE - Any lot line other than a front or rear lot line.
LOT, NONCONFORMING A lot of record which does not have the minimum width, frontage or depth or contain the minimum area required for the zoning district in which it is located.
LOT OF RECORD A lot which exists as shown or described on a plat or deed filed in the Ocean County Clerk's office.
LOT, THROUGH A lot situated between and having frontage on two streets which do not intersect at the boundaries of the lot.
LOT WIDTH The shortest horizontal distance between the side lot lines measured through the midpoint of a line parallel to the front lot line located at the minimum building setback line required in the zoning district where the lot is located. On corner lots, one front lot line shall be considered a side lot line only for the purpose of determining lot width. On through lots, the lot width shall be determined as described herein, but only on that portion of the lot with frontage on the street that the building or structure directly faces or addresses.
MAINTENANCE GUARANTY Any security in the form of cash, certified check or bond with sufficient surety in a form which is approved by the Township Attorney and which is accepted by the Township for the maintenance of any improvements required by this chapter.
MAJOR ARTERIAL See "street hierarchy, major arterial "
MAJOR COLLECTOR See "street hierarchy, major collector."
MAJOR SITE PLAN See "site plan, major."
MAJOR SUBDIVISION See "subdivision, major."
MANUFACTURED HOME A dwelling unit which:
(1) Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;
(2) Is built on a permanent chassis;
(3) Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
(4) Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the United States Department of Housing and Urban Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, P.L. 93-383 (42 U.S.C. § 5401 et seq.), and the standards promulgated for a manufactured or mobile home by the Commissioner of the Department of Community Affairs pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
MANUFACTURING The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MASTER PLAN A composite of one or more written or graphic proposals for the development of Jackson Township as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MAYOR The Mayor of the Township of Jackson.
MEDIAN That portion of a divided street separating the traveled ways of traffic proceeding in opposite directions.
MENTALLY ILL PERSON A person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge by reason of insanity.
MINING The cumulative extraction of minerals and other natural resources, domestic potable water wells or farm irrigation wells from any site, including solids, liquids and gases. The term "mining" shall also include quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mining site or as part of a mining activity.
MINOR ARTERIAL See "street hierarchy, minor arterial."
MINOR COLLECTOR See "street hierarchy, minor collector."
MINOR SITE PLAN See "site plan, minor."
MINOR SUBDIVISION See "subdivision, minor."
MOBILE HOME A factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit for one or more persons or family unit and with or without a permanent foundation, when located in a licensed mobile home park.
MOBILE HOME PARK A parcel of land, or two or more parcels of land, containing no fewer than 10 sites equipped for the installation of manufactured homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufactured home for the installation thereof and where the owner or owners provide services which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to the construction and maintenance of streets; lighting of streets and other common areas; garbage removal; snow removal; and provisions for the drainage of surface water from home sites and common areas. A parcel or any contiguous parcels of land which contain, on the effective date of this chapter, no fewer than three sites equipped for the installation of manufactured homes and which otherwise conform to the provisions of N.J.S.A. 40:55D-102d shall qualify as a mobile home park for the purposes of this chapter.
MOTEL A building designed for and offering transient lodging accommodations to the general public and containing five or more rooms, with at least 25% having direct access to the outside without the necessity of passing through the main lobby of the building. The term "motel" shall include a motor court and motor hotel.
MOTOR VEHICLE REPAIR GARAGE A building or portion of a building in which the maintenance, overhauling or replacement of automobile parts is conducted as a business for profit. Such use shall not include any auto body refinishing of any nature. The term "motor vehicle repair garage" shall include an automobile repair shop.
MOTOR VEHICLE SERVICE STATION Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories. Such use may include facilities for the lubricating, washing or servicing of motor vehicles. Such use shall not include any auto body refinishing of any nature. The term "motor vehicle service station" shall include a gas station.
MUNICIPAL AGENCY The Planning Board or Zoning Board of Adjustment or Township Committee of the Township of Jackson when acting pursuant to N.J.S.A. 40:55D-1 et seq. and this chapter.
MUNICIPALITY The Township of Jackson.
NAMEPLATE SIGN See "sign, nameplate."
NONCONFORMING BUILDING See "building, nonconforming."
NONCONFORMING LOT See "lot, nonconforming."
NONCONFORMING STRUCTURE See "structure, nonconforming."
NONCONFORMING USE See "use, nonconforming."
NO TREE VERIFICATION A signed, notarized statement by the owner or his agent stating that no trees exist upon the site.
NUISANCE An interference with the use and enjoyment of property.
NURSERY A place where trees, shrubs, vines and flowers and ornamental plants are propagated and/or grown for sale to the general public in the ordinary course of business.
NURSERY SCHOOL The same as "child-care center."
NURSING HOME See "health care facility."
OCCUPANCY The specific purpose for which land, a structure or a building is designed, maintained or used.
OCCUPANCY PERMIT The same as a "certificate of occupancy."
OFFICIAL COUNTY MAP The map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Ocean County pursuant to N.J.S.A. 40:55D-32 et seq.
OFFICIAL MAP A map adopted by ordinance by the Township Committee pursuant to N.J.S.A. 40:55D-32 et seq.
OFF SITE Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF TRACT Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON SITE Located on the lot in question.
ON TRACT Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE, COMMON An open area within or related to a site designated as a development and designated and intended for the use and enjoyment of residents and owners of the development. Common open space may contain such complementary buildings, structures or improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.
OPEN SPACE, PRIVATE Open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.
OPEN SPACE, PUBLIC Open space conveyed or dedicated to the Township of Jackson, a municipal agency, the Board of Education, a state or county agency or other body for use and enjoyment by the general public or for conservation purposes.
OPEN SPACE RATIO The total area of open space divided by the total site area in which the open space is located.
OUTDOOR STORAGE The keeping, in an unenclosed or unroofed area, of any goods, junk, material, merchandise or vehicles on a lot, or any portion thereof, for more than 24 hours.
OWNER See "property owner."
PARCEL A lot or tract of land.
PARKING AISLE The traveled way by which vehicles enter and depart parking spaces.
PARKING AREA Any public or private land area designed, used or intended to be used for the parking of motor vehicles, including parking lots, garages, private driveways and legally designated areas of public or private streets.
PARKING AREA, PRIVATE A parking area for the private use of the owners or occupants of the lot on which the parking area is located.
PARKING AREA, PUBLIC A parking area available to the public, whether for a fee, for free or as an accommodation of clients, customers or employees.
PARKING LOT An off-street, ground-level area, usually surfaced and improved, for the temporary parking of motor vehicles.
PARKING SPACE An off-street space provided for the parking of a motor vehicle, a minimum of nine feet in width and 18 feet in length, exclusive of driveways, access drives, fire lanes and parking aisles.
PARTIAL DESTRUCTION The destruction of a use, structure or building by fire, storm or other natural causes, for which the cost of reconstruction is equal to less than 50% of the total market value of the use, structure or building.
PARTY IMMEDIATELY CONCERNED For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.
PASSIVE RECREATION See "recreation, passive."
PATIO An area of land not used for receiving or storing material, where the ground has been surfaced with construction materials, such as brick, stone, cement or lumber, which does not project significantly above grade level and which is entirely uncovered by a roof or any superstructure.
PAVEMENT See "cartway."
PERFORMANCE GUARANTY Any security in the form of cash, letter of credit, certified check or bond with sufficient surety in a form which is approved by the Township Attorney and which is accepted by the Township Committee in lieu of a requirement that certain improvements be made before final approval of a plat or site plan, including performance bonds or cash deposits.
PERFORMANCE STANDARDS
(1) Standards adopted by this chapter, pursuant to N.J.S.A. 40:55D-65d, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Township; or
(2) Required by applicable federal or state laws or municipal ordinances.
PERMITTED USE See "use, permitted."
PERVIOUS SURFACE Any material that permits full or partial absorption of stormwater into previously unimproved land.
PLANNED INDUSTRIAL DEVELOPMENT An area of a minimum contiguous size, as may be specified in this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted.
PLANNED RETIREMENT COMMUNITY An area, with frontage on an existing minor arterial or major collector with a minimum of 100 contiguous acres, to be developed according to a plan as a single entity containing one or more residential clusters, which may include a variety of dwelling unit types, recreational facilities and open spaces and may include cultural and medical facilities and services and appropriate commercial, office or public or quasi-public uses for the benefit of the permanent residents who are persons of 55 years of age or older.
PLANNING BOARD The Planning Board of Jackson Township as established pursuant to N.J.S.A. 40:55D-23.
PLAT A map or maps of a subdivision or site plan.
PLOT A parcel of land that is identified and referenced on the Jackson Township Tax Map or on a recorded instrument.
PORCH A roofed and/or enclosed area with a percentage of window area to wall area greater than 50%, not heated or air-conditioned or designed, constructed, used or intended to be used year-round, and which is attached to or is part of and has direct access to or from a building.
POTABLE WATER SUPPLY Water suitable for drinking or cooking purposes.
PRELIMINARY APPROVAL The conferral of certain rights, pursuant to N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49, prior to final approval, after specific elements of a development plan have been approved by the Planning Board and/or Zoning Board of Adjustment, as the case may be.
PRELIMINARY FLOOR PLANS AND ELEVATIONS Architectural drawings prepared during early and introductory stages of the design of a project, illustrating, in a schematic form, its scope, scale and relationship to its site and immediate environs and exterior colors and materials of construction.
PRINCIPAL ARTERIAL See "street hierarchy, major arterial."
PRINCIPAL BUILDING See "building, principal."
PRINCIPAL USE See "use, principal."
PROFESSIONAL Any person or entity whose principals are required to be licensed by New Jersey law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice. [Added 8-8-2005 by Ord. No. 32-05]
PROFESSIONAL OFFICE The office of a member of a recognized profession, which shall include but is not limited to the office of doctors or physicians, dentists, insurance agents, optometrists, architects, landscape architects, professional engineers, land surveyors, professional planners, lawyers, attorneys, accountants and real estate brokers.
PROHIBITED USE See "use, prohibited."
PROJECTING SIGN See "sign, projecting."
PROPERTY OWNER The individual, individuals, firm, association, syndicate, partnership or corporation owning fee or title; or the individual, individuals, firm, association, syndicate, partnership or corporation in whose name or names the legal title to the property appears by deed duly recorded in the Ocean County Clerk's office; or the individual, individuals, firm, association, syndicate, partnership or corporation in possession of the property or buildings under claim of or exercising acts of ownership over the same for himself or itself, as the case may be, or as the executor, administrator or guardian of the property.
PROTECTIVE BARRIER A physical structure limiting access to a protected area, composed of wood or other suitable materials. Variations of these methods may be permitted upon written request.
PUBLIC AREAS
(1) Public parks, playgrounds, trails, paths and other recreational areas.
(2) Other public open spaces.
(3) Scenic and historic sites.
(4) Sites for schools and other public buildings and structures.
QUASI-PUBLIC A building, structure or use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.
REAL ESTATE SIGN See "sign, real estate."
REAPPROVAL
(1) An approved minor subdivision shall be the only type of application for development that may be reapproved by the municipal agency. A minor subdivision reapproval may be granted by the municipal agency, provided that all of the following criteria are met:
(a) The zoning district and/or zone requirements have not changed.
(b) No changes to the configuration, areas or dimensions of the lots are proposed.
(c) The bearings and distances of all proposed lot lines are not being altered.
(d) No variances or other types of relief requiring public notice pursuant to this chapter are required.
(e) The application for a reapproval of a minor subdivision shall be received by the Office of Planning and Zoning within one year of the date of the original approval.
(2) Reapproval of a minor subdivision shall not preclude the applicant from complying with all applicable local, county, state or federal laws that were not in effect at the time of the original approval.
RECREATION, ACTIVE Leisure-time activity, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields.
RECREATIONAL VEHICLE A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven, and primarily designed as temporary living accommodations for recreational, camping and travel use, and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
RECREATION FACILITY A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.
RECREATION, PASSIVE Any leisure-time activity not considered active.
RESIDENTIAL AREA, GROSS That portion of the net developable tract area developed for residential purposes, plus contiguous open space and contiguous passive and active recreation areas.
RESIDENTIAL CLUSTER An area to be developed as a single entity according to a plan containing residential housing units which have common, private, public and/or green open space area as an appurtenance.
RESIDENTIAL DENSITY The number of dwelling units per gross acre of residential land area, including streets, easements and open space of a development.
RESIDENTIAL DENSITY, GROSS The same as "residential density."
RESIDENTIAL DENSITY, NET The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for public access, streets, roads, easements and/or open space.
RESTAURANT Any establishment, however designated, at which food and beverages are sold for consumption on the premises, but normally to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, play field, park or swimming pool operated solely by the agency or group operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN An establishment where the majority of the patrons purchase food, beverages, ice cream and similar confections for takeout or consumption on the premises, but outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
RESTAURANT, FAST-FOOD Any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption, either within the restaurant building or for carry-out with consumption on or off the premises and whose design or method of operation may include any of the following characteristics:
(1) Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers.
(2) A limited or specialized list of quickly prepared or pre-prepared food items, utilizing mechanized standardized preparation and packaging techniques is offered for on and off the premises consumption.
(3) Drive-in or outside ordering and service via a separate drive-in lane, call box and delivery window.
(4) No waitress table service.
RESUBDIVISION:
(1) The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
(2) The alteration of any streets, or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.
RETAINING WALL A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
RETENTION BASIN A pond, pool or dry basin used for the storage and recharge of stormwater runoff, having no outlet other than an emergency spillway.
RIGHT-OF-WAY A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer line main or shade trees or for another special use or structure.
ROOF SIGN See "sign, roof."
ROOM As applied to multifamily dwellings as may be permitted by this chapter, includes living rooms, dining rooms, kitchens and bedrooms. Kitchenettes which do not include space for eating and dining areas in which one full wall is open into a living room area shall be counted as 1/2 room. Bathrooms shall not count as rooms.
ROOMING HOUSE The same as "boardinghouse."
SATELLITE DISH ANTENNA A dish-shaped, parabolic-shaped, spherical or circular-shaped antenna for the reception and/or transmission of satellite signals, including television signals, AM radio signals, FM radio signals, telemetry signals, data communications signals or any other reception or transmission signals using free air space as a medium whether for commercial, public or private use. Such objects shall also be known as "earth stations," "earth terminals," "home video earth stations," "microwave dish antennas," "satellite dishes," "satellite earth stations" and "satellite radio frequency signal reception and/or transmission devices."
SCREENING Any concentration or grouping of trees, shrubbery or other plantings as may be required by this chapter.
SEDIMENTATION The depositing of soil or rock that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SETBACK The horizontal distance between a building or structure and any front, rear or side lot line, measured perpendicular to such lot lines at the point where the building or structure is closest to such lot lines.
SHED, GARDEN, STORAGE OR TOOL An accessory building used for the storage of incidental items.
SHOPPING CENTER An integrated development of such uses as retail stores and shops, personal-service establishments, professional business offices, banks, post offices and restaurants, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities, having a minimum total floor area of 20,000 square feet.
SIGHT TRIANGLE A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGN A visual communication that is used for the purpose of bringing the subject thereof to the attention of others. The term does not include buildings themselves, traffic signs or other official messages displayed within the public right-of-way. "Sign" includes letters, numbers, symbols, trademarks, illustrations or designs as they may appear on signs, billboards, banners, storefronts, marquees, canopies and other stationary visual media on or off the premises of the activity to which the message pertains. A sign may also be described as a street graphic. Types of signs include but shall not be limited to the following:
(1) SIGN, ANIMATED OR MOVING - A sign or any part thereof which utilizes motion of any part by mechanical means or displays flashing, oscillatory or intermittent lights or appears to move due to movement of the viewer.
(2) AWNING, CANOPY OR MARQUEE SIGN - A sign that is mounted or painted on or attached to an awning, canopy or marquee that is otherwise permitted by ordinance. Such sign shall not project above, below or beyond the awning, canopy or marquee.
(3) BANNER, FLAG or PENNANT - A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such material for backdrop, which is affixed to poles, wires or ropes. Government flags shall be excluded from this definition.
(4) BILLBOARD - A structure utilized for advertising an establishment, an activity, a product, a service or an entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located.
(5) BOX SIGN - A sign, the face of which is enclosed with a boxlike structure.
(6) BULLETIN BOARD SIGN - A sign which identifies an institution or organization on the premises on which it is located and which contains the name of the institution or organization, the names of the individuals connected with it and general announcements of events or activities occurring at the institution, or similar messages.
(7) BUSINESS SIGN - A sign which directs attention to a business, profession or process conducted or to a commodity, service or product sold, offered, manufactured or assembled or to an entertainment offered on the premises where the sign is located.
(8) CONSTRUCTION SIGN - A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, planners, landscape architects, contractors or other participants in construction and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.
(9) DIRECTIONAL SIGN - A sign limited to directional messages, principally for pedestrian, bicycle or motor vehicular traffic, including but not limited to "One-Way," "Entrance" and "Exit." No such sign shall exceed four feet in area.
(10) FACADE SIGN - The same as "wall sign."
(11) FLASHING SIGN - Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
(12) FREESTANDING SIGN - Any nonmovable sign not affixed to a building, that is supported by one or more columns, poles or uprights which are firmly embedded in the ground. The height of such signs shall be measured from the finished grade directly below the sign to the top of the sign. Exposed guy wires, chains or other connections shall not be used in the support of such signs. The base of the columns, poles or uprights supporting a freestanding sign shall be landscaped so as to minimize the visual effect and impact of said supports.
(13) GOVERNMENTAL SIGN - A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.
(14) GROUND SIGN - Any sign, other than a freestanding sign, placed upon or supported by the ground, independent of any other structure. A ground sign shall not exceed six feet in height, measured from the finished grade directly below the sign to the top of the sign, and shall be accented by landscaping at its base.
(15) HOLIDAY DECORATION SIGN - A temporary sign, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, state, local or religious holiday.
(16) HOME OCCUPATION SIGN - A sign containing only the name and occupation of a permitted home occupation, which shall be affixed directly to the building in which the home occupation is located, shall be illuminated only by a shielded indirect light source or equal light not offensive to surrounding uses, structures or properties and shall not exceed a total area of two square feet.
(17) IDENTIFICATION SIGN - A sign giving the nature, logo, trademark or other identifying symbol, address of a structure, building, business, development or establishment on the premises where it is located.
(18) ILLUMINATED SIGN - A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign. An illuminated sign shall be arranged so as to reflect the light and glare away from adjoining uses, structures, buildings or properties and away from adjoining roadways. No sign with red, green, orange, amber, white or blue illumination in a beam, beacon or flashing form resembling an emergency light or traffic signal shall be erected in any location.
(19) MULTIPLE OCCUPANCY OR MULTIPLE TENANCY SIGN - A single sign relating to a use or facility, such as a shopping center, industrial park or office complex, where there is more than one occupancy and/or tenancy of uses, where said multiple occupancy and/or tenancy use a common parking facility or a common private drive or roadway and where the names and professions or business names of the various tenants are displayed on a single sign. [Added 11-8-2004 by Ord. No. 39-04]
(20) NAMEPLATE SIGN - A sign, located on the premises, giving the name or address, or both, of the legal owner, occupant or tenant of a building or premises. No such sign shall exceed two square feet in area.
(21) OFF-PREMISES SIGN - The same as "billboard."
(22) ON-SITE INFORMATIONAL SIGN - A sign associated with, but not limited to, information and directions necessary or convenient for visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms and pickup and delivery areas. Such a sign shall not be considered in calculating total sign area for a site. No such sign shall exceed four square feet in area.
(23) OUTDOOR ADVERTISING SIGN - The same as "billboard."
(24) POLITICAL SIGN - A temporary sign announcing or supporting political candidates or issues in connection with any national, state, county or local election. Such a sign shall not exceed 32 square feet in area. A political sign shall be permitted within 60 days prior to any national, state, county or local election and shall be removed within 15 days after the election.
(25) PORTABLE SIGN - A sign that is not permanent (affixed to a building, structure or the ground), but instead is mounted on wheels or movable vehicles, or that is easily made movable.
(26) PRIVATE SALE OR SPECIAL EVENT SIGN - A temporary sign advertising private sales of personal property such as house sales, garage sales, rummage sales, yard sales and the like; or private not-for-profit events such as picnics, carnivals, bazaars, game nights, art fairs or craft shows. Private sale or special event signs shall be removed within seven days of the termination or closing of the event or occurrence advertised.
(27) PROJECTING SIGN - A sign, other than a wall sign, which is wholly or partially suspended from, attached to or dependent upon a building or wall for support and which projects more than four feet from said building or wall.
(28) REAL ESTATE SIGN - A temporary sign advertising the sale, rental or lease of the premises, or portion thereof, on which the sign is located.
(29) ROOF SIGN - A sign erected or constructed above the eaves, roofline or parapet line of any building.
(30) SNIPE SIGN - A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees or other natural features, poles, stakes, fences or to other objects, with the message appearing thereon not applicable to the present use of the premises or structures upon which such sign is located.
(31) TEMPORARY SIGN - A sign or display constructed of cloth, canvas, fabric, metal, aluminum, plywood, plastic or other light material and designed or intended to be displayed for a period of time which shall not exceed 60 days. No temporary sign shall be illuminated.
(32) TIME AND TEMPERATURE SIGN - A sign which indicates actual time and/or current temperature.
(33) WALL SIGN - A sign attached to or erected against an exterior wall of a building or structure in such a manner that said wall becomes the supporting structure for the sign. No wall sign shall project more than 12 inches from the face of the building or structure.
(34) WINDOW SIGN - A sign that is affixed to a window or visible through a window from the exterior. A window sign shall not exceed 25% of the total window area within which it is located.
SIGNABLE AREA The area on the facade of a building, usually below the roofline, which is free of openings, such as doors and windows, and which may be used for a sign without disrupting major architectural details.
SIGN AREA For purposes of this chapter and to calculate the amount of area utilized by proposed signs, the total area of the rectangle which encloses the message of a ground sign shall be counted, including all ornamentation, embellishments and symbols, but excluding the supporting structure which does not form part of the sign proper or of the display. The area of a double or multifaced sign shall be the area of the largest vertical plane within the outline of the sign as seen from any one vantage point on a public right-of-way.
SIGN FACE The area or display surface used for the message.
SITE Any plot, parcel, piece or tract of land or combination of contiguous lots or parcels of land.
SITE PLAN A development plan of one or more lots on which is shown:
(1) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes, wetlands and waterways;
(2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and
(3) Any other information that may be reasonably required in order to make an informal determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board, adopted pursuant to N.J.S.A. 40:55D-37 et seq.
SITE PLAN, MAJOR Any site plan not classified as a minor site plan.
SITE PLAN, MINOR A development plan of one or more lots for which site plan approval is required and which:
(1) Does not involve planned development, any new street or extension of any off-street improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
(2) Does not require the construction of drainage facilities as determined by the Township Engineer.
(3) Involves proposed exterior facade alterations and/or new building construction and/or building additions which do not exceed 2,000 square feet of gross floor area or 10% of the gross floor area of the existing building, whichever is greater.
(4) Does not increase the parking requirements of a proposed development by more than 50 spaces or increase the existing parking by more than 20%, whichever is greater.
(5) Conforms to all standards and regulations of the Township.
SKETCH PLAT A map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and, further, meeting the requirements set forth in this chapter for sketch plats.
SPECIMEN TREE See "tree, specimen."
STADIUM A large enclosed place used for games and major events and partly or completely surrounded by tiers of seats for spectators.
STANDARDS OF PERFORMANCE See "performance standards."
STORAGE SHED See "shed, garden, storage or tool."
STORMWATER DETENTION A provision for storage and recharge of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORMWATER RETENTION A provision for storage and recharge of stormwater runoff.
STORY That portion of a building included between the surface of any floor and the surface of that floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. No story shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured.
STORY, HALF A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with headroom of five feet or less occupies at least 40% of the total floor area of the story directly beneath. A basement shall also be included as a half story.
STREET Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other roadway which is:
(1) An existing state, county, Township or private roadway;
(2) Shown on a plat approved pursuant to law;
(3) Approved by other official action; or
(4) Shown on a plat duly filed and recorded in the Ocean County Clerk's office prior to the formation of the 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.
STREET FURNITURE Man-made aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters and telephone booths.
STREET HIERARCHY The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high-traffic freeways and arterial roads to low-order streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use and residential quality. The following types of streets are within the function classification system:
(1) INTERSTATE HIGHWAY - A limited access highway, with grade separations and no traffic stops, intended to provide regional movement of people, goods and services.
(2) MAJOR ARTERIAL (PRINCIPAL ARTERIAL) - A street with controlled access, channelized and/or signalized intersections and the prohibition of parking and whose purpose and design are to collect and distribute traffic to and from other roads in the functional classification system.
(3) MINOR ARTERIAL - Street with traffic control signals or signs where necessary and whose purpose and design are to collect and distribute traffic to and from major arterials and collector streets.
(4) MAJOR COLLECTOR - A street which collects and distributes traffic between local streets (low-order residential streets) and major and minor arterials and freeways (high-order streets) and whose function is to promote a free flow of traffic, and where parking should be prohibited and direct access to residences should be avoided.
(5) MINOR COLLECTOR - A street which provides service from local streets and neighborhood areas to major collectors or major or minor arterials and is distinguished from a major collector in that it transports fewer vehicles at slower speeds while furnishing direct access to various uses and activities.
(6) LOCAL STREET - A street whose purpose and design are to provide direct vehicular access to abutting lots, to carry traffic having destination or origin on the street itself and to channel traffic to and from connecting local streets and streets classified as collectors. Local streets provide immediate access to adjacent land uses, primarily residential and offer the lowest level of mobility, while carrying the least volumes of traffic at the slowest speeds. Types of local streets shall also include:
(a) ALLEY - A public or private local street designed to provide a secondary means of access to immediately adjacent residential lots whose principal frontage is on another street, and which shall not be intended for general traffic circulation.
(b) CUL-DE-SAC - A local street with a single common ingress and egress and, at the end, with a round turnaround which provides a radius to meet the turning requirements for vehicles.
(c) LANE - A local street which serves a very low-density residential area, providing direct access to no more than 20 single-family detached dwelling units located in zoning districts where the minimum required lot area is two acres and the minimum required net density is 0.5 units per acre.
(d) LOOP STREET - A local street which has its only ingress and egress at two separate points on the same street, which may be another local street or a collector.
STREET LINE That line determining the public right-of-way, existing or proposed.
STREET, SPECIAL PURPOSE
(1) DIVIDED STREET - A street having an island or other barrier separating moving lanes.
(2) MARGINAL ACCESS STREET - A service street that runs parallel to a higher-order street which, for purposes of safety, provides access to abutting properties and separation from through traffic. It may be designed as a local street, as anticipated daily traffic dictates.
STRUCTURAL ALTERATIONS The same as "alterations."
STRUCTURE A combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of a parcel of land.
STRUCTURE, ACCESSORY A structure which is customarily associated with and subordinate and incidental to the principal structure and which is located on the same lot therewith. An accessory structure attached to the principal structure shall comply in all respects with the requirements applicable to the principal structure.
STRUCTURE, NONCONFORMING A structure, the size, dimensions or locations of which fails to conform to the minimum requirements of the zoning district in which it is located.
(1) The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
(a) Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size;
(b) Divisions of property by testamentary or intestate provisions;
(c) Divisions of property upon court order, including but not limited to judgments of foreclosure;
(d) Consolidation of existing lots by deed or other recorded instrument; and
(e) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Maps of the Township.
(2) The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR Any subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR
(1) Any subdivision of land that does not result in the creating of more than three lots, including the remainder of the original lot, wherein the proposed subdivision and all such lots or parcels meet all of the following requirements:
(a) All lots shall front on an improved street.
(b) The subdivision does not involve a planned development.
(c) The subdivision does not involve any new street.
(d) The subdivision does not require the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 244-35 of this chapter.
(e) The subdivision does not adversely affect the development of the remainder of the parcel or adjoining properties.
(f) The subdivision is not in conflict with any provision or portion of the Jackson Township Master Plan, Official Map or this chapter.
(g) The lot or parcel being subdivided was not involved in a previous minor subdivision within three years of filing of a previous subdivision, and provided further that a lot which is contiguous to the lot formed as the result of a subdivision granted to a particular owner, and which is owned by the same owner, may not be further subdivided by a subdivision granted to the same owner or successor or assignee within three years of the first minor subdivision.
(2) Notwithstanding the above, a subdivision which adjusts or amends lot lines between existing lots and which does not create a new lot or lots shall be deemed a minor subdivision.
SUBGRADE The natural ground lying beneath a street.
SUBSOIL The layer of soil just below the surface of the ground.
SUBSTANTIAL IMPROVEMENT Any expansion, extension, repair, reconstruction or improvement of a use, structure or building, the cost of which equals or exceeds 50% of the market value of the use, structure or building either before the expansion, extension, repair, reconstruction or improvement is started or if the use, structure or building has been damaged and is being reinstated or restored, as the case may be. The term "substantial improvement" does not include either any project for improvement of a use, structure or building to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a use, structure or building listed on the National Register of Historic Places or the State Inventory of Historic Places.
SUBSURFACE INFILTRATION SYSTEM A stormwater management facility consisting of a subsurface perforated pipe and surrounding stone aggregate for the purpose of temporary storage and infiltration of stormwater runoff to the surrounding soil. [Added 2-9-1998 by Ord. No. 5-98]
SWIMMING POOL A water-filled enclosure, portable or permanently constructed, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool having a depth of more than 30 inches, designed, used and maintained for swimming and bathing purposes.
THEATER A building or portion thereof designed, used or intended to be used for the presentation of motion pictures or dramatic, musical or live entertainment.
THEME PARK An entertainment or amusement facility built around a single theme, which may be historical, architectural or cultural.
TRACT An area, parcel, site, piece of land, lot or property which is the subject of a development application.
TRANSPLANT The digging up by a property owner of a tree from one place on his property, and the planting of the same tree in another place on the same property.
TRAVEL TRAILER The same as "recreational vehicle."
TREE Any self-supporting, woody plant of a species which normally, in the area, grows at maturity to an overall height of a minimum of 15 feet.
TREE, EXTRAORDINARY A tree 80% or greater of the diameter (DBH) of the largest known individual tree of each species in New Jersey as contained in New Jersey Outdoors, September/October 1984.
TREE FARM The same as "nursery."
TREE, SPECIMEN The largest known individual trees of each species in New Jersey, as contained in New Jersey Outdoors, September/October 1984. In addition, large trees approaching the diameter of the known largest tree shall be considered specimen trees.
TREE SURVEY An aerial photograph or drawing to scale (minimum scale of one inch equals 200 feet) which provides the following information: location of all forest types protected under the provisions of this chapter, plotted by accurate techniques; the common name of all trees; and the average diameter breast height.
TRIPLEX See "dwelling, triplex."
TRUCK TERMINAL A location at which the prime purpose or use is the parking and/or servicing of trucks, which trucks transport goods or materials not produced, received for sale, warehoused or used in manufacturing at that location.
USE The specific purpose for which a parcel of land, or a building or a portion of a building, or a structure or a portion of a structure, is designed, arranged, intended, occupied or maintained.
USE, ACCESSORY A use of land, or of a building or portion of a building, or of a structure or portion of a structure customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot with such principal use.
USE, CONDITIONAL 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 Jackson Township Planning Board.
USED AND NEW CAR LOT An open area used primarily for the storage and sale of operative new or used motor vehicles.
USE, NONCONFORMING A use or activity occupying a building, structure or lot which does not conform to the use regulations for the zoning district in which the use or activity is located.
USE, PERMITTED A use of land, building or structure, or portion thereof, allowed in a zoning district and subject to the restrictions applicable to that district. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, PRINCIPAL The main purpose for which a lot, building or structure is used.
USE, PROHIBITED A use of any land, building or structure, or portion thereof, that is not permitted in a zoning district.
VETERINARY CLINIC OR HOSPITAL See "animal care facility."
WATERCOURSE Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
WETLANDS The area that is inundated or saturated by surface water or groundwater 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" regulated by NJDEP pursuant to N.J.S.A. 13:9B-1 et seq.
WETLANDS TRANSITION AREA An area of land adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or services as an integral component of the wetlands ecosystem regulated by NJDEP pursuant to N.J.S.A. 13:9B-1 et seq.
YARD An open space lying between the principal or accessory building or buildings on the same lot and the nearest lot line, and which is unoccupied and unobstructed from the ground upward, except for the presence of natural vegetation.
YARD, FRONT An open space on the same lot with a principal building, extending the full width of the lot and situated between the street line and the front yard setback line projected to the side lines of that lot. A front yard shall be unoccupied and unobstructed from the ground upward, except for the presence of natural vegetation, driveways, or fences, and under no circumstances shall anything obstruct safe vehicular visibility within the sight triangle. [Amended 2-8-2011 by Ord. No. 03-11]
YARD, FRONT (CORNER LOT) On corner lots, all yards facing on a street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which the lot is located, except as otherwise provided in this chapter. [Added 2-8-2011 by Ord. No. 03-11]
YARD, REAR A space extending across the full width of the lot and lying between the rear lot line and the nearest wall or part of the building on the same lot and measured at right angles to the rear lot line.
YARD, SIDE An open space between a side lot line and the nearest point of the principal building and extending from the front yard to the rear yard or, in the absence of either such yards, to the street line or rear lot line, as the case may be. The width of a side yard shall be measured at right angles from the nearest point of the principal building to the side lot line. A side yard shall be unoccupied and unobstructed from the ground upward, except for the presence of natural vegetation.
ZONE A specifically delineated area or district in the Township within which regulations and requirements uniformly govern the use, placement, spacing and size of land, buildings and structures.
ZONING DISTRICT See "zone."
ZONING PERMIT Same as "development permit."
AFFORDABLE A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:92-12.
COUNCIL OR COAH The New Jersey Council on Affordable Housing established under the Fair Housing Act and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the state.
EQUALIZED ASSESSED VALUATION The value of property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios as required by law. Estimates at the time of issuance of building permits may be obtained by the tax assessor utilizing estimates for construction costs. Actual equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
INCLUSIONARY DEVELOPMENT A housing development containing both affordable units and market-rate units identified as such in the Township's judicially approved Housing Element and Fair Share Plan. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure. The term does not include market-rate units or nonresidential structures that generate an affordable housing production growth share obligation and are not designated as inclusionary developments in the Township's Housing Element and Fair Share Plan. [Amended 2-28-2005 by Ord. No. 08-05]
JUDGMENT OF REPOSE A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
MANDATORY DEVELOPMENT FEE A fee paid pursuant to a mandatory fee ordinance.
MANDATORY FEE ORDINANCE An ordinance which prohibits development pursuant to an existing permitted use in the zoning ordinance without compelling the affected developer to contribute moneys to the municipality's Affordable Housing Trust Fund.
ACTIVE CHANNEL The area of the stream channel that is subject to flows of at least two weeks' duration annually, and that includes the portion of the channel below where the floodplain flattens.
BEST MANAGEMENT PRACTICES (BMPS) Conservation practices or management measures which control soil loss and reduce water quality degradation caused by nutrients, animal wastes, toxins, sediment and runoff.
BUFFER A vegetated area, including trees, shrubs and herbaceous vegetation, which exists or is established to protect a stream system, lake, reservoir or coastal estuarine area. Alteration of this natural area is strictly limited.
(1) The improvement of property for any purpose involving building;
(2) Subdivision or the division of a tract or parcel of land into two or more parcels;
(3) The combination of any two or more lots, tracts, or parcels of property for any purpose;
(4) The preparation of land for any of the above purposes.
NONPOINT SOURCE POLLUTION Pollution which is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff or groundwater seepage rather than direct discharge.
NONTIDAL WETLAND Those areas not influenced by tidal fluctuations that are inundated or saturated by surface water or groundwater 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.
ONE-HUNDRED-YEAR FLOODPLAIN The area of land adjacent to a stream that is subject to inundation during a storm event that has a recurrence interval of 100 years.
POLLUTION Any contamination or alteration of the physical, chemical or biological properties of any waters that will render the waters harmful or detrimental to public health, safety or welfare; domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses; livestock, wild animals or birds; fish or other aquatic life.
STREAM CHANNEL Part of a watercourse either naturally or artificially created which contains an intermittent or perennial base flow of groundwater origin. Base flows of groundwater origin can be distinguished by any of the following physical indicators:
(1) Hydrophytic vegetation, hydric soil or other hydrologic indicators in the area(s) where groundwater enters the stream channel in the vicinity of the stream headwaters, channel bed or channel banks.
(2) Flowing water not directly related to a storm event.
(3) Historical records of a local high groundwater table such as well and stream gauge records.
STREAM ORDER A classification system for streams based on stream hierarchy. The smaller the stream, the lower its numerical classification. For example, a first order stream does not have tributaries and normally originates from springs and/or seeps. At the confluence of two first order streams, a second order stream begins, and so on.
STREAMS Perennial and intermittent watercourses identified through site inspection and USGS maps. Perennial streams are those which are depicted on a USGS map with a solid blue line. Intermittent streams are those which are depicted or a USGS map with a dotted blue line.
STREAM SYSTEM A stream channel, together with one or both of the following:
(1) One-hundred-year floodplain; and/or
(2) Hydrologically related nontidal wetlands.
WATER POLLUTION HAZARD A land use or activity that causes a relatively high risk of potential water pollution.
ALTERNATE-DESIGN PILOT PROGRAM TREATMENT SYSTEM An individual or community on-site 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: [Added 9-22-2003 by Ord. No. 28-03]
(1) Ashco RFS III;
(2) FAST;
(3) Cromaglass;
(4) Bioclere; and
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 § 244-67.
APPROVAL AGENCY Any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
DEVELOPMENT APPROVAL Any approval granted by the Commission pursuant to N.J.A.C. 7:50-4, Part II, Part III or Part IV. [Amended 12-30-1996 by Ord. No. 27-96]
DEVELOPMENT, MAJOR 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 grading, clearing or disturbance of an area in excess of 5,000 square feet.
DEVELOPMENT, MINOR All development other than major development.
DEVELOPMENT PERMIT A document signed by the Construction Code Official, which is required by this article as a condition precedent to the commencement of development within the Pinelands Area, Jackson, and which acknowledges that such development complies with the provisions of this article or variance therefrom duly authorized by a municipal agency and approved by the Pinelands Commission.
INTERIM RULES AND REGULATIONS The regulations adopted by the Pinelands Commission, pursuant to the Pinelands Protection Act, to govern the review of the 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. 7:1 G-1 et seq.
PINELANDS AREA, JACKSON TOWNSHIP That area of Jackson Township designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.).
PINELANDS DEVELOPMENT CREDITS A use right allocated to certain lands within the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on land within the Pinelands designated to receive such credits.
PINELANDS DEVELOPMENT REVIEW BOARD The agency responsible from February 8, 1979, until June 28, 1979, for the review of an action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
PUBLIC DEVELOPMENT Development, including subdivision, by any Township or other governmental agency.
IMPROVED PUBLIC STREET A street meeting all of the following requirements:
(a) A dedicated public right-of-way of at least 33 feet.
(b) Constructed with a suitable base and a hard surface treatment of 24 feet in width.
(c) Surface to be free of potholes with sufficient drainage so as to avoid flooding or ponding of water. Drainage easements may be required for this purpose from any applicant.
SEMI-IMPROVED PUBLIC STREET A street meeting all of the following requirements:
(a) A dedicated right-of-way of at least 33 feet in width with a traveled surface sufficiently wide so as to permit two motor vehicles traveling in opposite directions on it to safely pass each other, with a minimum of six inches of road gravel surface of at least 24 feet in width over a suitable subbase.
(b) Such gravel surface shall be free of potholes, with sufficient drainage to avoid ponding, causing it to be passable to all vehicles, including emergency and fire apparatus, at all times of the year.
COMMERCIAL AGRICULTURE The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products.
FARM An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.
HOME AGRICULTURE The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
ADULT ARCADE Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or image-producing devices are maintained to show images to one person per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE A commercial establishment which as one of its principal business purposes offers for sale or for rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specific sexual activities or specified anatomical areas; or
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARET A nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity; or
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT MOTEL A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:
A. Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions;
B. Offers a sleeping room for rent for a period of time that is less than 10 hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-picture theaters shall meet the seating criteria established for adult theaters.
ADULT THEATER A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
COMMERCIAL DISPLAY The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.
NUDITY OR A STATE OF NUDITY The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
OBSCENE MATERIALS The definition of "obscene materials" set forth in P.L. 1978, c. 95, as amended by Section 1 of P.L. 1982, c. 211 (effective December 23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitution of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
PERSON An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUALLY ORIENTED BUSINESS An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS
A. Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES Any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C.
COMPACTION The increase in soil bulk density.
CORE A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) A county planning agency; or
(2) A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT The New Jersey Department of Environmental Protection.
DESIGNATED CENTER A state development and redevelopment plan center as designated by the State Planning Commission such as urban, regional, town, village or hamlet.
DESIGN ENGINEER A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT The division of a parcel of land into two 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, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA A geographic area within which stormwater, sediments or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CRITICAL AREAS An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead 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.
EROSION The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT Any development that provides for ultimately disturbing one or more acres of land. "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.
MUNICIPALITY Any city, borough, town, Township or village.
NODE An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON Any individual, corporation, company, partnership, firm, association, Township of Jackson 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.
POLLUTANT Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural and construction waste or runoff or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state or to a domestic treatment works. Pollutant includes both hazardous and nonhazardous pollutants.
RECHARGE The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT Solid material, mineral or organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE The lot or lots upon which a major development is to occur or has occurred.
SOIL All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface or is captured by separate storm sewers or other sewage or drainage facilities or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin) or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE Any structural or nonstructural strategy, practice, technology, process, program or other method intended to control or reduce stormwater runoff and associated pollutants or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF Water flow on the surface of the ground or in storm sewers resulting from precipitation.
TIDAL FLOOD HAZARD AREA A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONE 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 Previously developed portions of areas:
(1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) Designated as CAFRA Centers, Cores or Nodes;
(3) Designated as Urban Enterprise Zones; and
(4) Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND An area that is inundated or saturated by surface water or groundwater 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."
AFFORDABLE HOUSING ADMINISTRATOR (AH ADMINISTRATOR) The Township Planner of the Township of Jackson, other municipal official(s) and/or designee(s) appointed or contracted by the Township Committee of the Township of Jackson to administer the compliance and/or implementation of the Township's affordable housing plan.
DEVELOPER'S AFFORDABLE HOUSING PLAN A plan submitted by the developer and approved by the Affordable Housing Administrator which shall identify the manner in which the developer plans to develop, price, market and restrict the low- and moderate-income dwelling units in accordance with this article.
EXEMPT SALES Includes the transfer of ownership between husband and wife and transfers of ownership between former spouses as a result of a judicial decree of divorce or a judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and a transfer of ownership by court order.
FAIR MARKET VALUE The unrestricted price of a low- or moderate-income housing unit if sold at a current real estate market rate.
INCLUSIONARY DEVELOPMENT A residential housing development in which a percentage of the housing units are reserved for low- and moderate-income households.
LOW-INCOME HOUSING Housing affordable according to Council on Affordable Housing (COAH) standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability controls.
MODERATE-INCOME HOUSING Housing affordable according to Council on Affordable Housing (COAH) standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income of more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the house is located and subject to affordability control.
PRICE DIFFERENTIAL The difference between the controlled unit sale price and the fair market value as determined at the date of the proposed contract of sale after reasonable real estate broker fees have been paid.
REPAYMENT CLAUSE Obligation of a seller exercising the repayment option to pay 95% of the price differential to a municipality at closing for use within the municipal housing plan.
REPAYMENT OPTION The option of a seller of a low- or moderate-income unit to sell a unit pursuant to N.J.A.C. 5:92-12.7 at a fair market value subject to compliance with the terms of the repayment clause.
SET-ASIDE The percentage of housing units devoted to low- and moderate-income households within an inclusionary development.
UNIT COMPLETION The receipt of any temporary or final certificate of occupancy.
ALTERNATIVE TOWER STRUCTURE Man-made trees, clock towers, bell steeples, flag poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANCILLARY FACILITIES The buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.
ANTENNA Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Parabolic dish antennas under 30 inches used for satellite communications shall not be included within this definition.
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.
BUFFER AREA The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.
CARRIER A company that provides wireless services.
CO-LOCATION When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
FAA The Federal Aviation Administration.
FALL ZONE The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FCC The Federal Communications Commission.
FUNCTIONALLY EQUIVALENT SERVICES Cellular radio, personal communications service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
GUYED TOWER A tower which is supported or braced through the use of cable (guy wires) which are permanently anchored.
HEIGHT When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
LATTICE TOWER A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
MONOPOLE The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT The structure or surface upon which antennas are mounted, including the following four types of mounts:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
C. Ground-mounted: antenna support (tower) mounted on the ground.
D. Structure-mounted: mounted on a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS Any tower or antenna for which a building permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.
RADIO FREQUENCY RADIATION (RFR) For the purposes of this article, the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHZ to 300,000 MHZ.
RADIO FREQUENCY (RF) ENGINEER An engineer specializing in electrical or microwave engineering, especially the study of radio freq uencies.
STEALTH DESIGN A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment. (See "alternative tower structure.")
TELECOMMUNICATIONS FACILITY A facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communications devices including licensed transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.
TELECOMMUNICATIONS OR TRANSMISSION TOWER The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, licensed amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
WIRELESS COMMUNICATIONS Any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
CALIPER: ANSI Z60 FOR NURSERY STOCK "Caliper is a type of diameter measurement used in the nursery industry. The height measurement shall be taken from ground level for field-grown stock and from the soil line for container-grown stock, which should be at or near the top of the root flare. Caliper measurement of the trunk shall be taken six inches above the top of root flare up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the top of root flare. Seldom are tree trunks perfectly round. The most accurate measurement will result from the use of a diameter tape. Caliper measurements taken with manual or electronic slot or pincer type caliper tools should be the average of the smallest and largest measurements.
COMMUNITY FORESTRY MANAGEMENT PLAN A plan developed by a municipality that outlines the goals and objectives for managing trees on municipal property with the intent of minimizing liability to the municipality and maximizing the useful life of the tree resource. The plan is to be approved by the New Jersey Department of Environmental Protection, Division of Parks and Forestry, New Jersey Forest Service. A Shade Tree Commission shall be formed to oversee the implementation of the community forestry management plan.
DIAMETER BREAST HEIGHT (DBH) The diameter of a tree measured 4 1/2 feet above the uphill/highest side.
EROSION The detachment and movement of soil or rock fragments by water, ice, wind and gravity.
EXEMPT AREA The lot area as provided in this chapter for which tree replacement shall not be required.
FOREST MANAGEMENT PLAN A plan for the management of timbered or forested lands approved by the New Jersey Department of Environmental Protection, New Jersey Forest Service, or similar state or federal agency.
HISTORIC TREE A tree that has been found to be of notable historic interest to Jackson Township because of its age, type, size or historic association and which has been so designated and that designation has been officially made and promulgated as part of the official records of the Township.
OPEN SPACE Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
SHADE TREE COMMISSION Shade tree commissions can be formed by municipal ordinance, N.J.S.A. 40:64-1 et seq.
SPECIMEN TREE Any tree in fair or better condition which is so designated by the Shade Tree Commission based on considerations of whether the tree is a rare species or specimen thereof; is abnormal in height, trunk diameter or dripline circumference for a tree of its species; has foliage of an unusual quality for a tree of its species; occupies a location which confers special shade tree, fragrance, erosion control, aesthetic, scenic enhancement, historic, preservation or cultural values to the community. For purposes of this definition, "in fair or better condition" shall mean that a tree has a relatively sound and solid trunk with no evidence of extensive decay or visual evidence of being hollow and with no major insect or pathological problem.
TREE Any deciduous or coniferous species which has a DBH of six inches or greater.
TREE ESCROW FUND A fund established by the governing body for the administration and promotion of tree and shrubbery resource sustainability projects and practices which may be consistent with the Community Stewardship Incentive Program as outlined within the New Jersey Shade Tree and Community Forestry Assistance Act, P.L. 1996, c. 135.
TREE PLANTING PLAN A specific plan adopted by Jackson Township for the location and placement of trees on public property.
TREE PRESERVATION AND REMOVAL PLAN (TREE SAVE PLAN) A specific plan that contains tree locations and other information in accordance with § 405-5 herein.
TREE REMOVAL PERMIT The permit issued by the Shade Tree Commission or its designee to remove or destroy a tree or trees.
TREE REPLACEMENT PLAN A specific plan for replacement of removed trees in accordance with the provision of this chapter.
TREE SPECIALIST
A. The Mayor shall appoint a Tree Specialist. This individual shall be responsible for the inspection of sites for which application(s) are filed under this chapter. This individual will be responsible for the administration and protection requirements of this chapter and enforcement of the chapter as directed by the Shade Tree Commission.
B. A Tree Specialist is either of the following:
(1) A forester who shall have a bachelor's degree in forestry or arboriculture from a college or university, shall be certified as a certified tree expert by the State of New Jersey and shall have a minimum of three years' experience in planting, care and maintenance of trees. The forester shall have the responsibility of reviewing an approved forest management plan and inspecting the forested site for plan compliance if requested by the Tax Assessor.
(2) A conservation officer who shall be certified as a certified tree expert by the State of New Jersey and shall have a minimum of three years' experience in planting, care and maintenance of trees.
C. The Tree Specialist shall be paid from the Tree Escrow Fund, which is established herein, and shall be paid in accordance with a fee schedule established by contract with the municipality.