A.

A title to regulate and restrict the location, height and density of buildings or other structures; their construction and use; and the use of land in the township, county of Burlington, entitled the Zoning Ordinance of the Township of Bass River. The map herein referred to, identified by the title of 1979 Zoning Map of the Township of Bass River and any amendments and supplements thereto and all explanatory material thereon, is adopted and made part of this title.

B.

This title shall be known and may be cited as the Township of Bass River Zoning Ordinance.

(Ord. 89-8 § 1)

The specific purposes of this title are as follows: To guide and regulate the orderly growth and development of the township in accordance with a comprehensive plan; to protect the established character and the social and economic well-being of the community; to secure safety from fire, panic, overcrowding and other dangers, and provide adequate light, air and property access; to lessen congestion and to facilitate adequate provision for transportation, schools, parks and other public facilities and services; to prevent overcrowding of land and buildings and avoid undue concentration of population; to preserve and enhance important characteristics of the natural environment, and to conform to the New Jersey Pinelands Comprehensive Management Plan.

(Ord. 89-8 § 2)

A.

Intent. For the purpose of this title, the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future, the singular number includes the plural and the plural includes the singular. The word "shall" is mandatory, the word "may" is permissive. The words "used" or "occupied" include the words intended, designed or arranged to be used or occupied. Words not herein defined shall have the meaning given in Webster's Unabridged Dictionary.

B.

Words and Phrases Defined. Unless otherwise stated, words and phrases set forth in the following subsection shall have the meaning therein indicated.

"Accessory structure or use" is a structure or use which:

1.

Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting, and storage as well as washing, grading and packaging of unprocessed produce grown on-site;

2.

Is subordinate in area, extent and purpose to the principal structure or principal building or a principal use;

3.

Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure of principal use served; and

4.

Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.

"Agricultural employee housing" means residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.

"Agricultural or horticultural purpose or use" means any production of plants or animals useful to man, including but not limited to: forages or sod crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the Federal Government.

"Alternate design pilot program treatment system" means an individual or community on-site wastewater 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 and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.

"Amendment" is means for making changes to the certified local master plan or local land use ordinance.

Animals, Threatened or Endangered. For "threatened or endangered animals" see N.J.A.C. 7:50-6.32.

Applicant. See "developer."

"Application for development" means any application filed with any permitted agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in Section 17.32.070.

"Approval agency" means any board, body, authority or person within the township with authority to approve or disapprove subdivisions, site plans, zoning permits, construction permits or other applications for development approval.

"Automobile laundry" means any establishment for the washing of automobiles or other motor vehicles, using a chain or other conveyor to move the vehicles and/or using various automatic devices for the application of soap, water, steam, air, or other materials required in the cleaning process.

"Average finished grade" means the mean height or level of completed lawn, walk, or driveway surfaces, as shown on official plans or designs relating thereto, adjoining the front facade of the building.

"Basement" means a story of a building that is partly underground which has more than one-half of its interior height, measured from the floor to finished ceiling, below the average finished grade of the ground adjoining the building.

"Billboard" means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

"Block" means the length on one side of a street between two street intersections.

Boarding Horses and other large animals. Large animals are defined in the "Recommended Guidelines For Home Animals Agricu1ture in Residential Areas Guidelines of Leaflet 501 Published November 1982 by Rutgers University" (hereinafter referred to as the Rutgers Guidelines), is not a general agricultural use. The boarding and keeping (keeping is defined as the harboring of animals, either owned by the property owner or anyone else) of up to twenty (20) horses or other large animals on the property with a residential dwelling shall be considered a home occupation and is subject to the home occupation requirements of this chapter. The boarding and keeping of over twenty (20) horses or other large animals shall be considered a commercial use, and shall be subject to the requirements of the township's site plan ordinance.

"Buffer zone" means a required open space area to be landscaped or naturally planted along district boundary lines, as shown on the zoning map, in connection with industrial or commercial uses.

"Building" means any structure having a roof supported by columns or walls, including tents, lunchwagons, trailers, dining cars, camp cars or other structures on wheels or other supports; any unroofed platform terrace or porch, having a vertical face higher than three feet above the level of the ground from which the height of the building is measured. The term "building" shall include "structure" and the term "structure" shall include "building."

"Building line" means a line parallel to the street at a distance therefrom equal to the depths of the front yard required for the district under consideration. No part of a building may extend closer to the street than the building line. Roofed porticos, whether open or enclosed, shall be considered as a part of a building when measuring distances from the street line and lot lines. Existing roofed porches and porticos may only be permanently enclosed when they comply with all setback or rear yard requirements and all side yard requirements.

"Camper" means a portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation, or other consecutive, short-term use. Camper includes motor homes and travel trailers, but does not include mobilehomes, house trailers, or other trailers used as permanent dwellings.

"Campground" means an area utilized for the placement of tents, camp trailers, motor homes, or other structures or conveyances, which are not permanent dwellings, and any other facilities used in connection therewith, or any area on which the activity generally referred to as camping takes place.

Campsite. Same as campground.

"Channel" means the bed and banks of a stream which convey the normal flow of the stream.

"Club" means any organization catering exclusively to members and their guests, or any organization for religious, vocational, civic, recreational, or athletic purposes, which is not conducted for financial gain.

"Commission" means the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.

"Comprehensive management plan" means the plan and amendments thereto adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, referred to in this title as the CMP.

"Contiguous lands" means land which is connected or adjacent to other land so as to permit the land to be used as a functional unit; provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way, and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.

"Coverage" means that percentage of the plot or lot area covered by all structures other than retaining walls, hedges, and fences.

Day. For purposes of computing time limits, the word "day" in this title refers to a calendar day.

"Density" means the average number of housing units per unit of land.

"Developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

"Development" means the change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

1.

A change in type of use of a structure or land;

2.

A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

3.

A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

4.

Commencement of forestry activities resource extraction drilling, or excavation on a parcel of land;

5.

Demolition of a structure or removal of trees;

6.

Deposit of refuse, solid or liquid waste or fill on a parcel of land;

7.

In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

8.

Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

"Development approval" means any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances which do not otherwise include issuance of a construction permit, subdivision or site plan approval.

Development, Major. "Major development" means any division of land into four or more lots, any construction or expansion of any housing development of four or more dwelling units; any construction or expansion of any commercial or industrial use or structures on a site of more than three acres; or any grading, clearing, or disturbance of an area in excess of five thousand (5,000) square feet.

Development, Minor. "Minor development" means all development other than major development.

District, Zoning. "Zoning district" means a portion of the territory of the township within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this title.

"Dormitory" means a structure containing sleeping rooms of not less than eighty (80) square feet each; and containing complete sanitary facilities although not necessarily within individual rooms; and without cooking facilities in individual rooms; and occupied only by students and assigned supervisory staff of an educational institution.

"Drainage" means the removal of surface water or groundwater from land by drains, grading or other means and includes control of run-off to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

"Dwelling" means any structure or portion thereof which is designed or used for residential purposes.

Dwelling, Detached. "Detached dwelling" means a building detached from other buildings for residential purposes by one family and which has its own cooking, sleeping, sanitary and general living facilities.

Dwelling, Multiple. "Multiple dwelling" means a building containing more than two dwelling units.

Dwelling, Single-family. "Single-family dwelling" means a detached building designed for, or occupied by, one family only.

"Dwelling unit" means any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.

"Earth extraction" means the removal of sand, topsoil, gravel, fill dirt or ilmenite or clay products for sale or reuse at another site exclusive of agricultural soil conservation works, excavation incidental to agricultural operations or the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

"Electric distribution lines" means all electric lines other than electric transmission lines.

"Electric transmission lines" means electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and: (1) Another substation of the utility company; (2) A substation of or interconnection point with another interconnecting utility company; (3) A substation of a high-load customer of the utility.

"Enlargement" means an addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in that portion of a tract of land occupied by an existing use.

"Environmental commission" means a municipal advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.

"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

"Essential service" means structures and physical improvements, whether publicly or privately owned, necessary to permit the orderly development of an area, including such facilities as streets, water, sewage, gas, telephone, and electric lines; supporting structures such as manholes, catch basins, underground pumping stations, and underground transformer stations; but not including generating or storage plants; processing stations, maintenance yards, administration headquarters facilities, aboveground utility poles with major subdivisions.

"Family" means one or more persons related by blood, adoption or marriage, living and cooking together, as a single housekeeping unit, exclusive of household servants. A number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family.

"Farm" means any parcel of land containing at least five acres used for general purpose agriculture, which includes the raising of agricultural or horticultural products, livestock, poultry and their resultant products.

"Fire hazard" means the classification of a parcel of land in accord with the following:

"Fish and wildlife management" means the changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.

"Fence or wall" means a structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.

"Floating home" means any vessel in fact used, designed, or occupied as a permanent dwelling unit, business office, or source of any occupation, or for any private or social club of whatsoever nature, including, but not limited to, a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of Bass River township; whether such vessel is self-propelled or not and whose volume coefficient is greater than three thousand (3,000) square feet. Volume coefficient is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.

"Floating home marina" means that area within Bass River township covered by any waterway within the township where one or more sites or locations are rented or offered for rent, sold, or offered for sale for the location of floating homes.

"Floodplain" means in sections of the township involving areas along tidal portions of any river, stream, or body of water, land subject to an intermediate regional tidal flood shall constitute a floodplain as delineated by the U.S. Corps of Army Engineers. In areas adjoining any other natural stream, drainage course or water body, a floodplain shall include Berryland, Muck, and Pocomoke soils as delineated by the Soil Survey for Burlington County, U.S. Department of Agriculture.

"Floodway" means any portion of a floodplain lying within fifty (50) feet of the adjacent channel edge of a natural stream or within twenty-five (25) feet from the edge of a lake or center line of any watercourse other than a natural stream.

Floor Area, Gross. "Gross floor area" means the sum of the total horizontal area of the several floors of a building, excluding basement space, unless designed to be used for customary visits by commercial clientele, but including the area of permanent roofed porches and terraces. All dimensions shall be measured from the outside face of exterior walls or from the center line of parting or common walls.

Floor Area, Habitable. "Habitable floor area" means area fully enclosed by the inside surfaces of walls, windows, doors, and partitions and having a headroom of at least six feet six inches including living, eating, cooking, sleeping, storage, circulation, service, utility and other related household spaces but excluding garages, carports, porches, unheated sheds, and basements. Attics or portions thereof may be considered habitable floor area provided they are fully finished and meet the proper height requirements.

"Forestry" means the planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:

1.

Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;

2.

Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;

3.

Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;

4.

Removal of trees necessary for the maintenance of utility or public rights-of-way;

5.

Removal or planting of trees for the personal use of the parcel owner; and

6.

Removal of trees for public safety.

Garage, Private. "Private garage" means an accessory building incidental to a dwelling unit, as defined herein, which accessory building is intended for the off-street storage of motor vehicles belonging to the inhabitants of such dwelling unit, but in which garage no business service or occupation is conducted or rendered for profit. The rental storage space for more than two cars not owned by persons residing on the premises is considered a business profit.

Garage, Repair. "Repair garage" means a building used for the off-street storage of motor vehicles, the provision of incidental gasoline service, the sale of accessories and the repair of motor vehicles excluding body work.

"Gasoline service station" means an area of land, including any structures thereon, used primarily for the retail sale and direct delivery to motor vehicles of motor fuel and lubricants, as well as such incidental services as the lubrication and hand washing of motor vehicles and the sale, installation and minor repair of automobile accessories, such as tires and batteries.

"Glare" means illumination whereby a source of light, producing a reading of fifty (50) or more on a Standard Weston Photographic light meter or equivalent at a distance of three feet is visible from the public right-of-way or a reading of zero point eight (0.8) or more is found when such meter or equivalent is held anywhere on a residential property line.

"Habitat" means the natural environment of an individual animal or plant, population, or community.

"Height of building or structure" means the vertical distance from the established average finished grade to the highest point on the building or structure.

"Historic resource" means any site, building, district, area district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local and municipal level.

"Home occupation" means an occupation or profession which is clearly incidental to the use of the lot and dwelling for residential purposes and is carried on by a member of the family residing on the premises; does not involve more than one employee not living on the premises; does not occupy more than twenty (20) percent of the principal residential structure or more than three hundred (300) square feet of an accessory structure; does not have any exterior evidence of such secondary use other than one sign as per Section 17.20.100 and does not include the storing of any stock in trade outside a principal or accessory building. In connection with the operation of a home occupation or home professional office, only external operations which are customary to residential buildings shall be permitted. In the case of any home occupation or home professional office involving customer or patient visitation, adequate off-street parking shall be provided in conformance with standards contained in this title. The boarding and keeping of up to twenty (20) horses or other large animals on a property with a residential building shall be considered a home occupation. The maintenance of a horse and large animal boarding occupation for up to twenty (20) horses or other large animals shall be subject to the following acreage conditions: a minimum of one acre for the first two animals and an additional minimum of one acre for each additional animal. For purposes of this section, "acreage" shall be defined as land which is owned by the user or under a long term lease or written agreement for its use and is the primary residence of the user, or is contiguous to his primary residence and usable and accessible for the keeping and maintaining of horses, cattle, and other large animals. Surface water bodies and wetlands shall not be included in the acreage calculations. Unusable land as defined in the Rutgers Guidelines shall not be counted in or toward the acreage calculations.

"Hotel or motel" means any structure providing overnight accommodation; in other than dwelling units, for hire to the traveling public, and where only a general kitchen and dining room are provided within the building or as an accessory building.

House, Apartment. "Apartment house" means the same as structure, multifamily.

House, Boarding. "Boarding house" means a rooming house in which the renting individuals are also served with meals prepared in one kitchen by the owner or operator of the house in return for a valuable consideration.

"Houseboat" means those vessels not designed primarily for residential dwelling units, designed primarily for pleasure craft, recreation, and for independent navigation, whose volume coefficient is less than or equal to three thousand (3,000) square feet and not considered a floating home in accordance with the definition set forth in "floating home."

House, Rooming. "Rooming house" means a single-family house, wherein furnished rooms without cooking facilities are rented for a valuable consideration to one or more individuals unrelated by blood or marriage to the owner or operator of the house.

House, Row or Town. "Row or town house" means the same as structure, multi-family.

"House trailer" means the same as mobilehome.

"Hydrophytes" means any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.

"Immediate family" means those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.

"Impermeable surface" means any surface which does not permit fluids to pass through or penetrate its pores or spaces, typically having a maximum permeability for water of 10 ^-7 cm/second at the maximum anticipated hydrostatic pressure. The term "impermeable" is equivalent in meaning.

"Impervious surface" means any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability.

"Industrial park" means an area planned for specific industrial and commercial operations, the coordinated development of which is carried out under unified management and is governed by approved design, plot size, setback, height, open space, buffering and performance standards.

"Institutional use" means any land used for the following public or private purposes: Educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries, cultural facilities such as libraries, galleries, museums, concert halls, theaters, and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries and other similar facilities.

"Institution of higher learning" means an educational institution of higher learning chartered by the state of New Jersey or a private educational institution approved by and subject to regulations prescribed by the state of New Jersey and giving instruction or affording facilities for study in academic or technical subjects only at or above the college level.

"Interested person or party" means any persons whose right to use, acquire or enjoy property is or may be affected by any action taken under this title or whose right to use, acquire or enjoy property under this title or under any other law of this state or of the United States has been denied, violated or infringed upon by an action or a failure to act under this title.

"Interim rules and regulations" means the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.

"Junk yard" means the use of more than one thousand (1,000) square feet in the case of an agricultural parcel or more than two hundred (200) square feet of the area of any other lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins a public thoroughfare, for the storage, keeping, processing or abandonment of waste paper, rags, scrap metal or other discarded material, or the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof.

"Kennel" means any building or land parcel used for the keeping of dogs and other small household pets. The keeping of more than five such animals on any one property constitutes a kennel.

"Land" means and includes the surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.

"Landfill" means sites, including open dumps, where solid waste, liquid and dry sewage sludge, and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purpose of this title solid waste transfer stations shall not be considered landfills.

"Landowner" means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having legal title to the land. The holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land, may file an application as the landowner for the purpose of this title.

"Landscaping" means the installation of plant material or seed as a part of development.

"Loading space" means any off-street space not less than twelve (12) feet in width, seventy (70) feet in length, and fourteen (14) feet in height available for the loading or unloading of goods, having direct access to a street or alley and so arranged that no vehicle is required to back into a street.

"Local communications facility" means an antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

"Lot" means a designated parcel, tract, or area of land established by a plat or as otherwise permitted by law and to be used, developed, or built upon as a unit.

Lot, Corner. "Corner lot" means a lot fronting on two streets at their intersection.

"Lot depth" is the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

"Lot frontage" means the horizontal distance measured along the full length of the front line. In the case of a corner lot, the shorter of the two street lines shall be considered as the frontage.

Lot Line, Front. "Front lot line" means the right-of-way line of a street which a lot or parcel abuts.

Lot Line, Rear. "Rear lot line" means a lot line other than a street line which is the farthest lot line from the street. In the case of a lot abutting two streets, required front yard setbacks from both streets shall be observed.

Lot Line, Side. "Side lot line" means a continuous line which runs back from an intersection with the front lot line and which forms the boundary line between the lot and the adjacent parcel land.

"Lot width" means the distance between the side lot line measured at right angles to the depth of the lot, along the front setback line.

"Marina" means a dock or base and operated for profit or to which public patronage is invited providing moorings or marine services primarily for power yacht launches or other water craft other than floating homes, and which is also capable of removing any and all crafts moored within the marina, out of the water for repair or as a result of emergent conditions.

"Mobilehome" means any vehicle or similar conveyance so designed or constructed as to permit its transportation as a fully built unit and to permit occupancy for dwelling purposes on a permanent basis.

"Mobilehome park" means a land parcel upon which two or more mobilehomes for dwelling purposes are located on a permanent basis. Includes trailer court, trailer park or trailer coach park, when so used.

Motel. See "hotel" or "motel."

"Motor home" means a self-propelled vehicle, less than eight feet in width and less than thirty-five (35) feet in length, which is used for sleeping and other temporary human occupancy during the course of activities commonly known as "camping" or "caravaning."

"Natural stream" means a naturally eroded channel with visible evidence of banks and bed, as distinguished from a swale which shows no evidence of natural erosion, except occasional gullying, and from a ditch, which is an artificially excavated channel.

"Navigable waters" means water capable of being traversed by pleasure craft.

"Nonconforming building" means a building in its design or location upon a lot which does not conform to the regulations of this title for the district in which it is located and which was not in violation of any ordinance at the time of its construction.

"Nonconforming lot" means a lot or land parcel which does not have the minimum width or depth, or contain the minimum area for the district in which it is located or the use to which it is being put.

"Nonconforming use" means a use of a building or land lawful at the time it was commenced which does not conform with the permitted uses of this title for the district in which it is located.

"Nursing or convalescent home" means a private institution where the aged, ill, or injured may receive minor medical, surgical or psychiatric treatment, nursing, food, lodging, care, etc., during illness or convalescence.

"Parcel" means any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.

"Parking lot" means an area which contains two or more off-street parking spaces.

Parking Spaces, Off-Street. "Off-street parking spaces" means an area not less than ten (10) feet by twenty (20) feet, exclusive of driveways appurtenant and giving access thereto, accessible from a street but not located on a street, and which is both suitable and intended for the parking of a passenger motor vehicle.

"Person or party" means an individual, corporation, public agency, business trust, partnership association, two or more persons having a joint or common interest, or any other legal entity.

"Pinelands area" means the area designated pursuant to Section 10(a) of the Pinelands Protection Act.

"Pinelands Development Credit" means a use right allocated to certain lands within the township and the Pinelands area pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on certain other lands within the Pinelands area.

"Pinelands Development Review Board" means the agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on applications for development in the Pinelands area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.

"Pineland Protection Act" means N.J.S.A. 13:18A-1 to 29, as amended.

"Pinelands Resource Related Use" means any use which is based on resources which are indigenous to the Pinelands including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.

"Piggery" means a place where pigs are assembled for growth or fattening before slaughter.

"Plat" means one or more maps of a subdivision or a site plan which shows the location, boundaries and ownerships of individual properties.

"Preservation area" means that area so designated by Section 10(b) of the Pineland Protection Act.

Plants, Threatened or Endangered. "Threatened or endangered plants" means a Pinelands plant species whose survival worldwide, nationwide, or in the state is in jeopardy.

"Protection area" means all land within the Pinelands area which is not included in the preservation area.

"Public development" means development, including subdivisions by any township or other governmental agency.

"Public purpose" means the use of land by the township committee, school board, or some officially created municipal agency or authority.

"Public service infrastructure" means sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.

"Recommended management practice" means the management program which employs the most efficient use of available technology, natural, human and economic resources.

"Record tree" means the largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the commission.

Recreational facility, intensive. "Intensive recreational facility" means any recreational facility which does not satisfy the definition of low-intensity recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels, and motels.

"Recreational facility, low-intensity" means a facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.

"Resource management system plan" means a plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.

"Seasonal high water table" means the level below the natural ground surface to which water seasonally rises in the soil in most years.

"Sign" means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state, or city, or any fraternal, religious or civic organizations; merchandise, pictures or models of products or service incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.

"Solar energy facility" means a solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.

"Structural alteration" means any change in either the supporting members of a building, such as bearing wall columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

"Structure" means a combination of materials to form construction for occupancy, use or ornamentation having fixed location on, above or below the surface of land attached to something having a fixed location on, above or below the surface of land.

"Subdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions with the meaning of this title, if no new streets are created: (1) Divisions of land bound by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; (2) Divisions of property by testamentary or intestate provisions; (3) Divisions of property upon court order, including but not limited to judgments of foreclosure; (4) Consolidation of existing lots by deed or other recorded instrument; and (5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

"Submerged lands" means those lands which are inundated with water throughout the year.

Trailer. See the definition of mobilehome.

Trailer, Camp or Court. See the definition of mobilehome park.

Trailer, Travel. "Travel trailer" means structures less then eight feet in width and less than thirty (30) feet in length and not used for purpose of day-to-day habitation, but designed to be moved from place to place, and which may be entirely enclosed or partially enclosed with canvas or other material and which are used for sleeping and other temporary human occupancy during the course of activities commonly known as "camping" or "caravaning."

"Utility distribution lines" means lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage, or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.

"Vegetation" means any plant material including grasses, shrubs and trees.

"Watercourse" means any land area or use either naturally formed or artificially designed for the storage, passage, retention, or flow of water, including but not limited to the following: lake, pond, canal, ditch or swale.

"Wetlands" means those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soils Conservation Service of the United States Department of Agriculture, and further defined in N.J.A.C. 7:50-6.3 through 6.5.

"Wetlands management" means the establishment of a characteristic wetland or the removal of exotic species or Phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.

"Wetland soils" means those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Baybor, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.

"Yard" means an open space on the same lot with a principal building, unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this title.

Yard, Front. "Front yard" means the yard extending across the entire width of the lot between the street right-of-way line and the nearest part of any building. In the case of lots having frontage on two or more streets, front yards shall be provided along each street frontage. In the case of corner lots, required front yard depth shall be provided along all street frontages. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear-front yard lines shall be parallel.

Yard, Rear. "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots, there will be no rear yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum depth required by district regulations with its inner edge parallel to the rear lot line.

Yard, Side. "Side yard" means a yard extending along the side lot line from the front yard to the rear lot line. In the case of through lots, side yards shall extend between the required front yard lines. In the case of corner lots, there shall be only one side yard, adjacent to the interior lot line. Width of a required side yard shall be measured in such manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the side lot line.

(Ord. 2002-9 § 1; Ord. 2001-8 §§ 1, 2; Ord. No. 1997-4, § 2; Ord. 93-5 § 2(B); Ord. 90-15 § 1 (part); Ord. 89-8 Arts. 1, 2 and 3)

(Ord. No. 2013-05, § II, 9-9-13; Ord. 2018-05, § V, 1-7-19)