APPEAL - A request for a review of the Construction Official's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING - Designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD - The land in the floodplain within a community subject to a 1 % or greater chance of flooding in any given year.
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. [Added 2-25-1987 by Ord. No. 12-1987]
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 systems. [Amended 2-25-1987 by Ord. No. 12-1987]
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
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 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 of 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 building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls. [Added 2-25-1987 by Ord. No. 12-1987]
FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY - The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary - Floodway Map 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 the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
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.
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. [Amended 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 connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. [Added 2-25-1987 by Ord. No. 12-1987]
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. [Added 2-25-1987 by Ord. No. 12-1987]
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this chapter.
SAND DUNES - Naturally occurring accumulations of sand ridges or mounds landward of the beach.
START OF CONSTRUCTION - For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, 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, 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. [Amended 2-25-1987 by Ord. No. 12-1987]
STRUCTURE - A walled and roofed building, a mobile home or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL IMPROVEMENT
(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: before the improvement or repair is started or if the structure has been damaged and is being restored, before the damage occurred.
(2) For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
(3) The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or the New Jersey Register of Historic Places.
VARIANCE - A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
ADMINISTRATIVE OFFICER - The Secretary of the Planning Board.
APPLICANT - A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey, 1975; in the Pinelands Area, 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 APPROVING AUTHORITY - The Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey, 1975.
BOARD OF ADJUSTMENT - The Board established by Chapter BUILDING - A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CAPITAL IMPROVEMENT - A governmental acquisition of real property or major construction project.
CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.
COMPLETE APPLICATION - An application form completed as specified by this chapter and the rules and regulations of the approving authority and all accompanying documents required by this chapter for approval of the application for development in accordance with N.J.S.A. 40:55D-10.3. In the Pinelands Area of the Township, an application for development approval shall not be deemed complete until, in the course of minor development, the applicant has presented evidence that a duplicate of copy of the application has been filed with the Pinelands Commission or, in the case of major development, a certificate of filing, as required N.J.A.C. 7:50-4.24, has been submitted.
CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Chapter COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Atlantic County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD - The Planning Board of Atlantic County.
DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT - The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation, landfill or the clearing of 5,000 square feet or more of vegetation for nonagricultural purposes 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.
DEVELOPMENT, PINELANDS AREA - The change or enlargement of any use or disturbance of land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
A. A change in type of use of a structure or land;
B. A reconstruction, alteration of the size or material change in the external appearance of a structure or land;
C. A material increase in the use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
D. Commencement of resource extraction, drilling or excavation on a parcel of land;
E. Commencement of forestry activities;
F. Deposit of refuse, solid or liquid waste or fill on a parcel of land;
G. In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions or waste material; and
H. Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
DEVELOPMENT REGULATION - A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto.
DRAINAGE - The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY - The lands required for the installation of stormwater sewers or drainage ditches 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 in accordance with Chapter 1 of Title 58 of the Revised Statutes.
EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FINAL PLAT - The final map of all or a portion of the subdivision, which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
GOVERNING BODY - The Egg Harbor Township Committee.
HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to law.
INTERESTED PARTY
A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.
LAND - Includes improvements and fixtures on, above or below the surface.
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.
MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION - Includes all subdivisions not classified as minor subdivisions.
MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISION - Any subdivision containing not more than four lots fronting on an existing street, in the case of a Township street which has been accepted for maintenance by resolution of the Township Committee, not involving any new street, road or the extension of any off-tract improvements and not involving any lot or portion thereof previously subdivided within the past three years.
NONCONFORMING LOT - A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE - A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
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 nor 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 or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only these buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER - Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
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 Section 7 of Chapter 291 of the Laws of New Jersey, 1975.
PERFORMANCE GUARANTY - Any security, which may be accepted by a municipality, including cash, provided that the Township of Egg Harbor shall not require more than 10% of the total performance guaranty in cash.
PERFORMANCE GUARANTY - Any security, which may be accepted by a municipality, including cash, provided that the Township of Egg Harbor shall not require more than 10% of the total performance guaranty in cash.
PLANNING BOARD - The Municipal Planning Board of the Township of Egg Harbor established pursuant to Chapter 291 of the Laws of New Jersey, 1975.
PLAT - A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL - The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS - Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PUBLIC AREAS
A. Public parks, playgrounds, trails, paths and other recreational areas.
B. Other public open spaces.
C. Scenic and historic sites.
D. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL - A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY - The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
RESUBDIVISION - The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SEASONAL HIGH-WATER TABLE - The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SITE PLAN - A development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 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.
C. Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to Article 6 of Chapter 291 of the Laws of New Jersey, 1975. seq.
SITE PLAN COMMITTEE - Said Committee shall be appointed by the Chairman of the Planning Board.
SKETCH PLAT - The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
STANDARDS OF PERFORMANCE - Standards adopted by ordinance pursuant to Subsection 52d, Chapter 291 of the Laws of New Jersey, 1975, 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 municipality or required by applicable federal or state laws or municipal ordinances.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "streets" shall be classified as follows:
ARTERIAL STREETS - Those which are used primarily for fast or heavy traffic.
SECONDARY TRAFFIC STREETS - Streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
CONNECTOR STREETS - Those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
MINOR STREETS - Those which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETS - Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYS - Minor ways which are used primarily for vehicular service access to the back or the side or properties otherwise abutting on a street.
SUBDIVIDER - Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
A. 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:
(1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) Divisions of property by testamentary or intestate provisions.
(3) Divisions of property upon court order.
(4) Conveyances so as to combine existing lots by deed or other instrument.
B. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE - A Committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of Chapter 291 of the Laws of New Jersey, 1975, and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
WALKWAY OR SIDEWALK - A way for carrying pedestrian traffic, and may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
ACCESSORY USE OR BUILDING - A subordinate use or building, the purpose of which is incidental to that of the main use or building and which is located on the same lot.
AGRICULTURAL COMMERCIAL ESTABLISHMENT - A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An "agricultural commercial establishment" may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities.
AGRICULTURAL EMPLOYEE HOUSING - Residential dwellings, for the seasonal use of employees of an agricultural or horticultural use, which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
ALTERATIONS - As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another.
ARCADE - Any building or place which makes available four or more coin-operated or token-operated machines which are for the purpose of skill and amusement.
ASSISTED LIVING FACILITY - A facility licensed by the New Jersey Department of Health and Senior Services pursuant to N.J.A.C. 8:36-1 et sec. which is designed and operated to provide apartment-style housing and congregate dining while assuring that a coordinated array of supportive personal and health services are available, as needed, to four or more adult persons unrelated to the proprietor. Each unit in an assisted living facility shall offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. Assisted living facilities shall include assisted living residences and assisted living programs as defined at N.J.A.C. 8:36-1.3. [Added 11-13-2002 by Ord. No. 69-2002]
BUFFER AREA - An area in which no building, parking area, driveway (except to provide access to property), street, sign (except traffic directional signs) or storage of materials shall be permitted.
BUILDING - Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or having other supports and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.
BUILDING AREA - The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having a vertical face less than three feet above the level of the ground from which the height of the building is measured.
BUILDING COVERAGE - The proportion of the lot area, expressed as a percent, that is covered by the maximum horizontal cross-section of a building or buildings.
BUILDING HEIGHT - The vertical distance from grade to the top of the highest roof beams of a flat roof or the mean level of the highest gable or slope of a hip roof.
BUILDING SETBACK LINE - A line within any lot measured from the front, side or rear lot lines equal to the required front, side or rear yards depths between which no building or portion thereof may be erected, except as provided for elsewhere herein.
CELLAR AND BASEMENT - A story partly underground and having more than 1/2 of its cubic volume below the average level of the adjoining ground.
CERTIFICATE OF APPROPRIATENESS - An approval of the Planning Board pursuant to N.J.A.C. 7:506.156.
CERTIFICATE OF COMPLIANCE - This document shall be entitled "certificate of noncompliance" when the proposed development is not consistent with the requirements of the CMP (see N.J.A.C. 7:50-4.11 through 4.27).
CERTIFICATE OF FILING - A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:504.34 that a complete application for development has been filed.
CERTIFICATE OF OCCUPANCY - A certificate issued by the Construction Official upon completion of the construction of a new building or upon a change in the occupancy of a building, which certifies that all requirements of this chapter or such adjustments thereof which have been granted by the Board of Adjustment and all other applicable requirements have been complied with.
CLUSTER DEVELOPMENT -A development technique based on the gross density of the tract, which allows the lot sizes for dwellings to be reduced so that individual areas of the tract have higher densities, provided that other portions of the tract are dedicated for public and/or private open spaces so that the maximum number of conforming lots permitted for the entire tract prior to clustering is not exceeded.
COMMERCIAL RECREATION - Facilities and improvements operated for a profit, including but not limited to swimming pools, water slides and theme parks, miniature golf, golf driving ranges, golf courses, batting cages, bowling alleys, indoor theaters and amphitheaters, roller-skating and ice skating. [Amended 6-251997 by Ord. No. 22-1997]
COMMERCIAL USE - A use involving the sales of goods or services carried out for profit.
**Webmasters Note: The previous definition has been added by Ordinance No. 39-2011, effective December 21, 2011.
COMMISSION - The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
COMPREHENSIVE MANAGEMENT PLAN (CMP) - The plan adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.
DEVELOPABLE LAND - Privately held lands having a depth of seasonal high-water table of greater than five feet, as measured from the existing ground surface. When a public sanitary sewer is available, soils having a depth of seasonal high-water table exceeding 1 1/2 feet are "developable lands."
DWELLING, MULTIFAMILY/APARTMENT - A suite of rooms designed for or occupied by one family or household and situated in a building containing three or more such suites of rooms. Such units may share some facilities, utilities or services such as entrance halls, electric or water connections, basement areas, heating plan or refuse disposal facilities.
DWELLING, SINGLE-FAMILY ATTACHED - A single-family dwelling unit which is one of a group of three or more attached dwelling units separated by vertical party walls, each having separate front and rear or front and side entrances from the outside, and a full compliment of utilities and facilities for use as a dwelling unit.
DWELLING, SINGLE-FAMILY DETACHED - A building on a lot designed and occupied exclusively as a residence for one family or household, which has yard or open areas on all sides, having no common walls with any other building.
DWELLING, TWO-FAMILY - A building on a lot designed and occupied exclusively as a residence for two families or households, which has a common wall separating two units, each of which has a full compliment of utilities and facilities for use as a dwelling and separate means of ingress and egress.
DUPLEX - A two-family-dwelling-unit building where the family dwelling units are separated by a horizontal floor unpierced except for access to the outside or to a common basement or cellar.
SEMIDETACHED (TWIN) - A two-family dwelling unit building where the family dwelling units are separated by a vertical party wall unpierced except for access to the outside or to a common basement or cellar.
DWELLING UNIT - Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family. Dwelling unit shall include each separate apartment or unit where one or more individuals reside within an assisted living facility. [Amended 11-13-2002 by Ord. No. 69-2002]
ELECTRIC DISTRIBUTION LINES - All electric lines other than electric transmission lines.
ELECTRIC TRANSMISSION LINES - Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and another substation of the utility company; a substation of or interconnection point with another interconnecting utility company; or a substation of a high-load customer of the utility.
FAMILY - One or more persons living together and occupying a dwelling unit.
FARM - A parcel of land, five acres or larger in size, used primarily for the raising of agricultural products, livestock, poultry or dairy products.
FARM BUILDING - Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm as defined by this chapter.
FENCE - Any wood, masonry, metal or aluminum structure(s) or any wall or living hedge along the front, side or rear property line designed to shield, screen or protect a lot(s) or a portion of a lot. [Added 10-11-2006 by Ord. No. 51-2006]
FLOOD HAZARD ELEVATION - An elevation above sea level, below which inundation of lands occurs.
FOREST STAND - A uniform group of trees of similar species, size and age.
FRATERNAL ORGANIZATION - A nonprofit society or voluntary association organized and carried on for the mutual aid and benefit of its members and to promote a common cause.
FUNERAL HOME - A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE - A building or portion thereof used for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC OR COMMERCIAL - A building or part thereof used for the storage, care or repair of motor vehicles or where such vehicles are kept for hire. The storage of more than three inoperable or totally wrecked vehicles on a lot by definition of this chapter shall constitute a junkyard.
GASOLINE FILLING STATIONS - Any area of land, including structures thereon, that is used for the sale of gasoline or other vehicle fuel, oil or lubricating substance, and which may include the sale of motor vehicle accessories and facilities for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
GOLF COURSE - An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities; dining and refreshment facilities; swimming pools; tennis courts and the like, provided that the operation of such facilities is incidental and subordinated to the operation of the golf course.
GRADE, FINISHED - The completed surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto.
GROSS FLOOR AREA - The total enclosed floor area of a structure used for residential purposes or for business or industrial activities, which include customer facilities, showcase facilities and storage and sales facilities. For residential uses, porches and all floor areas with headroom of less than seven feet three inches shall be excluded.
HOME OCCUPATIONS - An activity of economic gain, carried out in a resident's dwelling or accessory structure thereto, in which an occupant of the residence and no more than two other individuals are employed and which is clearly secondary to the use of the dwelling as a residence.
IMMEDIATE FAMILY - Those persons related by blood or legal relationship in the following manner: husbands and wives, grandparents, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces, first cousins, great-grandparents and great-grandchildren. [Amended 6-251997 by Ord. No. 25-1997]
IMPERVIOUS SURFACE - A surface that has been covered with a layer of material so that is highly resistant to infiltration of water. [Added 10-11-2006 by Ord. No. 51-2006]
INTERIM RULES AND REGULATIONS - The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et sec.
JUNK OR SALVAGE YARD - Any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. The storage or other use of not more than three disabled vehicles in conjunction with a public or commercial garage shall not be considered a "junkyard."
LIMITED MANUFACTURING - The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create limited hazard from fire or explosion or produce limited toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
LOT - A designated parcel, tract or area of land, established by a plat or otherwise permitted by law, to be used, developed or built upon as a unit.
LOT AREA - An area of land which is determined by the limits of the lot lines bounding that area and is expressed in terms of square feet. Any portion of a lot shown by duly recorded deed in a street right-of-way shall not be included in calculating lot area.
LOT, CORNER - A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE - The percentage of the lot area which is covered by building(s) on the lot.
LOT, DEPTH OF - The mean distance between the front lot line and a line drawn at right angles to the rear lot line.
LOT FRONTAGE - A lot line or portion thereof which is coexistent with the street right-of-way. In the case of a street of undefined width, said lot line shall be assumed to parallel the center line of the street at a distance 25 feet therefrom. In the case of corner lots, the smaller of the two lot lines coexistent with street lines shall be considered as the "frontage." In the case of lots extending from one street to another, both streets shall be classified as "lot frontage."
LOT WIDTH - The distance between the side lot lines of said lot, measured at and along a line parallel to the front lot line, which is drawn at a distance therefrom, a distance equal to the required depth of the front yard.
MARINA - A waterfront facility wherein the docking, mooring, repair, servicing and storage of boats is offered for rent. A "marina" shall be deemed to include automobile parking facilities, sanitary facilities, marine supply shop, marine motor fuel sales, boat sales, repairs and maintenance and service, but specifically excluding facilities for more than two permanent dwellings, whether on land or water. Such facility shall not include docking or mooring of boats designed and/or used as a permanent residential dwelling (see "dwelling" herein and definition of Uniform Construction Code), whether occupied year round or seasonal, except that the foregoing shall not prevent owners and guests from occupying boats on a twenty-four-hour period. A waterfront facility ("marina") may also include accessory uses such as a restaurant, not including fast-food or drive-in restaurants, no more than two permanent residential dwellings for facility owner, manager and security personnel, inclusive of industrialized dwellings, whether supported on land or water.
MIGRANT LABOR HOUSING - One or more buildings used as living quarters by seasonal or temporary farm workers in connection with any work or place where work is being performed, whether or not rent is paid in connection with the use or occupancy of such premises.
MOTEL - A use which shall contain at least 100 sleeping rooms, each having its own bathroom. Such use may also contain meeting rooms, office and temporary office space, restaurants and retail-commercial space.
NONCONFORMING BUILDING, LOT OR USE - A building, lot or use or any combination thereof which does not conform to the regulations of this chapter for the zone in which it is located.
PARKING SPACE - An off-street space available for the parking of a motor vehicle, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PINELANDS AREA - That area designated as such by Section 10(a) of the Pinelands Protection Act (N.J.S.A. 13:18A-1 to 13:18A-29).
PINELANDS DEVELOPMENT REVIEW BOARD - The agency responsible from February 8, 1979, until June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
PLANNED COMMERCIAL DEVELOPMENT - An area a minimum of five contiguous acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
POWER GENERATING FACILITY - A public facility at which are located prime movers, electric generators, electric substations and auxiliary equipment for producing electric energy. Standby emergency generators, located on the property for which the standby emergency generator will provide power, utilized for the production of power in cases where the main power source has been temporarily terminated through no act of the property owner, will not be considered power generating facilities. [Added 6-8-2005 by Ord. No. 25-2005]
PROFESSIONAL HOME OFFICE - The office or studio of a resident physician, dentist, lawyer, architect, accountant, engineer, land surveyor or appraiser who is a member of the National Association of Real Estate Appraisers and any person engaged in a professional service licensed by the State of New Jersey.
RESTAURANT - An establishment that provides food and beverages to persons seated within the building served by waiters or waitresses. This includes cafes and tearooms.
RESTAURANT, FAST-FOOD - An establishment that offers quick food service, accomplished through a limited menu, providing over-the-counter and/or drive-through service.
RETAIL SALES - Transactions including appliances; auctioning; baked goods, provided that all goods baked on the premises are sold on the premises; clothing and accessories; dry goods; electric and electronic goods; flowers, provided that no products are grown on-site; furniture and carpeting; gifts and groceries and meat products, provided that no slaughtering of animals takes place on the premises; hardware; newspapers and periodicals; packaged liquor; pharmaceutical and associated products; sporting goods; stationery and similar retail activities; but specifically excluding the sale of new or used vehicles, sale of goods by auction and motor fuel.
RETAIL SERVICES - Activities including, but not limited to, barbering and cosmetology; dry cleaning, electric and electronic and appliance repair; laundry, including self-service machines and collection, but not to include bulk processing; photography; shoe repair; tailoring, but not to include the wholesale manufacturing of clothing; upholstery; veterinarian clinics and similar retail services; but specifically excluding garages, auto body and welding uses, vehicle repair and auction houses.
SCHOOL, COMMERCIAL - Any school which offers courses for adults in specific nonacademic subjects, such as but not limited to office machine operating and other trades, dancing, singing, driver training and similar cultural or artistic endeavors.
SCHOOL, PRIVATE - Any school which offers a general academic course of instruction as commonly accepted in approved elementary, secondary, preparatory or college-level institutions. Nursery and preschool-age day schools shall be included herein.
SCHOOL, PUBLIC - Any instructional institution owned or operated by a governmental agency.
SHOPPING CENTER - A unified development of not less than five (5) stores, commercial uses, together with areas for internal circulation, parking and other accessory uses consisting of one (1) or more lots under the same or separate ownership.
**Webmasters Note: The previous definition has been added by Ordinance No. 39-2011, effective December 21, 2011.
SIGN - Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others.
SIGN AREA - The area included within the frame or edge of the sign. Where the sign has no frame or edge, the "area" shall be defined as the enclosed straight-sided geometric shape which most closely outlines said sign.
SITE PLAN - A plan for land development on which is shown existing and proposed topography, location of all buildings, structures, roads, rights-of-way, boundaries and all essential dimensions and bearings.
SOLID WASTE TRANSFER STATION - A facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a landfill.
STORY - The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and for the topmost story, from the top of the floor finish to the top of the ceiling joists or, when there is not a ceiling, to the top of the roof rafters.
STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown on a plat heretofore approved pursuant to law or which is approved by official action as provided by N.J.S.A. 40:55D-1 et sec. or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE - That line determining the limit of the highway rights of the public, either existing or contemplated. Contemplated rights-of-way shall conform to those indicated in any Official Map or Master Plan of the State of New Jersey, Atlantic County or Egg Harbor Township. In cases of undefined street widths or where existing public rights-of-way are less than 50 feet, the "street line" shall be deemed to be parallel to and 25 feet distant from the street center line as determined by survey.
STRUCTURE - A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
SUPERMARKET - A retail establishment primarily selling food as well as other convenience and household goods.
**Webmasters Note: The previous definition has been added by Ordinance No. 39-2011, effective December 21, 2011.
TRAILER COACH - Any dwelling unit which is equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by its motive power or other means, or any unit used for temporary living or sleeping purposes, temporarily located in the locality, whether the same is on blocks, posts or any other type of foundation.
TRAILER COACH PARK - Any plot of ground upon which two or more trailer coaches occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.
YARD, FRONT - An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. The front setback line shall be synonymous with the rearmost limit of the required "front yard" area.
YARD, REAR - The open space between the rear property line and the rear setback line and extending between side property lines.
YARD, SIDE - An open, unoccupied space between the side line of the lot and the nearest side setback line and extending in width from the front yard line to the rear yard line or, in the absence of either of such yards, to the street or rear lot lines as the case may be. The depth of a "side yard" shall be measured at right angles to the side line of the lot.
ZONING PERMIT - A document signed by the Zoning Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and which acknowledges that such use, structure or building complies with the provisions of this chapter.
AFFORDABLE HOUSING DEVELOPMENT means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred (100) percent affordable development.
COAH or the COUNCIL means the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
COAH or the COUNCIL means the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
DEVELOPMENT FEE means money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
DEVELOPER means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
EQUALIZED ASSESSED VALUE means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through C.54:1-35c).
GREEN BUILDING STRATEGIES means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
ADULT ARCADE - Any place to which the public is permitted or invited wherein coin-operated or slug operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE - A commercial establishment which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARET - A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL - A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:
(1) Provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, 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;
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER - A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, 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 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.
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 P.L. 1982, c. 211, Section 1 (effective December 23, 1982, as N.J.S.A. 2C:34-2) as the same shall be from time to time amended or supplemented, as well as in accordance with or not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
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
(1) 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
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES - Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
(3) Masturbation, actual or simulated.
(4) Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3).