Shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic.

Shall mean a use, structure or building which is subordinate to and serves a principal building or a principal use; is subordinate in area, extent and purpose to the principal structure or principal building or use served; contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and 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. The definition shall not include a "man-made" decoration or landscaping improvement known as a pond up to 100 square feet with a maximum depth of 30 inches and a maximum height of 18 inches above grade.

Shall mean for Planning Board matters, the Planning Board Engineer; for Board of Adjustment matters, the Zoning Officer; for Official Map matters, the Zoning Officer; for Township Council matters, the Township Clerk; and for certification of subdivision approval, the Planning Board Engineer.

Shall mean 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 an agricultural/horticultural use; however, it does not include supermarkets, convenience stores, restaurants and other establishments that coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities that are solely processing facilities.

Shall mean 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.

Shall mean any production of plants or animals useful to man, including but not limited to: forage or sod crops; grains and feed crops; dairy animals and dairy productions; 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; aquaculture; or any land devoted to and meeting the requirements and qualifications for payment or other compensation pursuant to a soil conservation program under an agency of the Federal Government.

Shall mean a facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products.

Shall mean an area surrounding an airport which meets or exceeds the minimum dimensions required by the regulations of the Air Safety and Hazardous Zoning Act of 1983, and consisting of a runway subzone, two runway end subzones and two clear zones.

Shall mean and collectively includes permitted, accessory and conditional uses.

Shall mean a change in the structural parts of an existing building; or an enlargement, whether by extension of a side or by increasing in height; or the moving from one location to another.

Shall mean those animals designated by the New Jersey Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

Shall mean a developer submitting an application for development.

Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.

Shall mean any application filed with any permitting agency for any approval, authorization or permit that is prerequisite to initiating development in the Pinelands Area, except as provided in § 35-162 of this chapter.

Shall mean the Planning Board of the municipality unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

Shall mean the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and their subsequent processing, packaging and marketing, including, but not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.

Shall mean and include, but is not limited to finfish, mollusks, crustaceans and aquatic plants which are the property of a person engaged in aquaculture.

Shall mean the establishment of tree cover through direct or supplemental seeding or planting.

Shall mean a place of business where the primary purpose is the sale of new motor vehicles, having a building with showrooms, office space, repair and maintenance facilities, with or without a used car lot incidental thereto and on the same business premises or immediately adjacent thereto.

Shall mean a building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered. Sale of new or used cars is prohibited.

Shall mean a building and place of business where body and major repair work are performed on motor vehicles.

Shall mean a story partly underground, having more than 1/2 of its height above ground.

Shall mean an owner-occupied dwelling in which overnight accommodations and a morning meal are provided for transient guests for compensation, and in which the overnight accommodations are accessory to the principal use of the dwelling as a residence. The use must be registered as a bed and breakfast establishment with the New Jersey Department of Community Affairs.

Shall mean a silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.

Shall mean a building or portion of a building, whether private for-profit, nonprofit, or institutional, principally engaged in providing inpatient and outpatient services for treatment of victims of addiction, psychiatric, psychological, or other behavioral health condition where care may be provided on a short-term or long-term basis and whose operators are licensed to provide such services by the State of New Jersey, but not to include hospitals, other health care facilities, or residential medical detoxification centers.

Shall mean the Planning Board or Zoning Board of Adjustment of the Township of Berkeley.

Shall mean the board established pursuant to N.J.S.A. 40:55D-69.

Shall mean any waterfront facility wherein docking accommodations and/or dryland storage accommodations for any watercraft, such as power boats, sailboats or rowboats are provided and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A "boatyard" shall be deemed to include all auxiliary and accessory services, such as chandlery, gasoline sales and rental business activities related to the primary use.

Shall mean any brewery establishment operating under an approved, state-issued limited brewery license issued and valid pursuant to N.J.S.A. 33:1-10(1b).

Shall mean any brewery establishment operating under an approved, state-issued restricted brewery license issued and valid pursuant to N.J.S.A. 33:1-10(1c).

Shall mean a silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce above-ground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.

Shall mean the land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances. Buffer areas may contain existing natural vegetation, fences or berms, as well as shrubs and trees.

Shall mean that portion of any lot lying within front, rear and side setback lines.

Shall mean a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

Shall mean vertical distance measured from the average elevation of the finished lot grade to the highest point of the roof for flat roofs, to the deckline of a mansard roof and to the mean height between the eaves and ridge for a gable or hipped roof.

Shall mean a line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical project will coincide with the surface nearest the property line. All yards are measured between the property line and the "building line" nearest that property line.

Shall mean the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

Shall mean a building within which is conducted the main or principal use of the lot on which said building is situated.

Shall mean a cable television company as defined pursuant to N.J.S.A. 48:5A-3.

Shall mean a portable structure, which is self-propelled or mounted on or towed by another vehicle, and which is designated and used for temporary living for travel, recreation, vacation. Camper does not include mobile homes.

Shall mean a place used or suitable for camping on which a temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.

Shall mean a governmental acquisition of real property or major construction project.

Shall mean a story partly underground, having more than 1/2 of its height below the average level of the adjoining ground.

See N.J.A.C. 7:50-6.156 and § 35-149 of this chapter.

Shall mean a certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.

Shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

Shall mean an area contained within the runway end subzone of an airport hazard area within which all structural development is prohibited.

Shall mean a silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clear-cutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.

Shall mean a development of single-family detached dwellings which will preserve desirable open spaces, conserve floodplains and provide recreational parks and lands for purposes compatible with the residential uses by the reduction of lot sizes and by use of certain other regulations.

Shall mean a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located, e.g., "billboards" or "outdoor advertising."

Shall mean a single- or multi-facility structure or use designed to be used for cultural entertainment, exhibitions, recreational and/or sporting activities.

Shall mean the Pinelands Commission, created pursuant to N.J.S.A. 13:18A-1 et seq.

Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.

Shall mean the plan adopted by the Commission pursuant to N.J.S.A. 13:18A-1 et seq.

Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board.

Shall mean 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 that 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.

Shall mean a development other than a planned development.

Shall mean a silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.

Shall mean a composite of the Master Plan for the physical development of the County in which the municipality is located, 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 N.J.S.A. 40:27-4.

Shall mean the Planning Board of the County of Ocean.

Shall mean calendar days.

Shall mean the permitted number of dwelling units per gross area of land to be developed.

Shall mean the desired NJDOT right-of-way width of State Highway Route 9 as defined by N.J.A.C. 16:47-1.1 et seq.

Shall mean 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.

Shall mean 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 or landfill; and any use or extension of use of land, for which permission may be required pursuant to this chapter.

Shall mean the Berkeley Township Land Development Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land or amendment thereto.

Shall mean, in the Pinelands Area of the Township, any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

Shall mean, in the Pinelands Area of the Township, any Pinelands development other than major Pinelands development.

Shall mean, in the Pinelands Area of the Township, the change 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:

Shall mean any development by a public agency.

Shall mean a silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.

Shall mean a distillery operating under a state-issued craft winery license issued and valid pursuant to N.J.S.A. 33:1-10(3d).

Means the taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other waterbody, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.

Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

Shall mean 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.

Shall mean a silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash, crush scrubby vegetation prior to burning or planting or to chop up and disturb the organic turf and roots in the upper foot of soil.

Shall mean one or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Shall mean a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

Shall mean a one-family dwelling attached to two or more one-family dwellings by common vertical walls.

Shall mean a dwelling which is not attached to any other dwelling by any means.

Shall mean a building designed for the residence of more than two families or containing more than two dwelling units, including apartment houses, apartment hotels and flats, but not including motels.

Shall mean a one-bedroom apartment containing one enclosed bedroom, toilet and bath facilities, a kitchen, a living area and a dining area. The dining area shall be in combination with, and completely open on at least one side to, either the kitchen or living area. No additional rooms shall be permitted except hallways, an outdoor patio and suitable closet and storage space.

Shall mean a one-family dwelling on a separate lot with open space setbacks on three sides and with a court.

Shall mean a detached building designed for and occupied exclusively by one family or containing one dwelling unit.

Shall mean a dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

Shall mean a three-bedroom apartment containing three enclosed bedrooms, toilet and bath facilities, a kitchen, a living area and a dining area. The dining area may be in combination with either the kitchen or living room or may be a separate room. No additional rooms shall be permitted except hallways, an outdoor patio and suitable closet and storage space.

Shall mean a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

Shall mean a two-bedroom apartment containing two enclosed bedrooms, toilet and bath facilities, a kitchen, a living area and a dining area. The dining area shall be in combination with, and completely open on at least one side to, either the kitchen or living area. No additional rooms shall be permitted except hallways, an outdoor patio and suitable closet and storage space.

Shall mean a detached or semi-detached building designed for not more than two individual families or containing not more than two dwelling units, which are separated entirely by vertical walls or horizontal floors.

Shall mean all electric lines other than electric transmission lines.

Shall mean 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: (a) another substation of the utility company; (b) a substation of or interconnection point with another interconnecting utility company; (c) a substation of a high-load customer of the utility.

Shall mean a municipal advisory body created pursuant to P.L. 1968, c. 245.

Shall mean the detachment and movement of soil rock fragments by water, wind, ice or gravity.

Shall mean the erection, construction, alteration or maintenance by a public utility or municipal agency of underground or overhead transmission, distribution or collection systems necessary for the furnishing of adequate service by such utility or agency to the use on the same lot and/or surrounding neighborhood or for the public health, safety or general welfare.

Shall mean one or more individuals, occupying a dwelling unit and living as a single household unit.

Shall mean agricultural activity or the raising of livestock, poultry or other animals for gain, conducted on a plot of not less than three acres of land.

Shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approved conditioned upon the posting of such guaranties.

Shall mean 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, upon approval, shall be filed with the proper County recording officer.

Shall mean 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.

Shall mean the gross floor area of all buildings on a lot divided by the lot area.

Shall mean a uniform group of trees of similar species, composition, size, age and similar forest structure.

Shall mean 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, clear-cutting, 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:

Shall mean a sign supported permanently upon the ground by poles or braces and not attached to any building.

Shall mean a building intended for storage of the motor vehicles of the families resident upon the premises.

Shall mean a building which is used for storage of motor vehicles on a commercial basis.

Shall mean a comprehensive plan for the development of a planned development, as provided in N.J.S.A. 40:55D-45.2.

Shall mean the Berkeley Township Council.

Shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings.

Shall mean a sign which is anchored to the ground similar to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top.

Shall mean a silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.

Shall mean that livable area enclosed by the exterior foundation walls, excluding garages, open porches, porticoes, patios, breezeways and other similar attachments.

Shall mean the natural environment of an individual animal or plant, population, or community.

Shall mean any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, State, County, local or regional level.

Shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this Township, State or the nation and has been so designated pursuant to law.

Shall mean an accessory use conducted by one or more members of the resident family in a single-family residential zone which shall constitute, either entirely or partly, their means of livelihood and that is secondary and incidental to the use of the lot for residential purposes.

Shall mean a building designed for occupancy as the temporary residence of individuals who are lodged, with or without meals, and in which no provision shall be made for cooking in any individual room or suite.

Means an area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by an 11-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

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

Shall mean a sign whose copy is limited to the name and/or address of a building, institution, person or activity being identified.

Shall mean 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.

Shall mean 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.

Shall mean 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.

Shall mean a silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.

Shall mean a planned or organized industrial area with a comprehensive design for industrial buildings, utilities, parking and street access, which is systematically subdivided according to the needs of the tenants and contains more than two separate buildings, either individually owned or leased, occupied by acceptable manufacturing or industrial enterprises.

Shall mean any land used for the following public or private purposes: educational faculties, 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, rehabilitation therapy centers and public health facilities; law enforcement faculties; military facilities; churches; public office buildings; cemeteries; and other similar facilities. For purposes of this ordinance, institutional use shall not include medical offices, which are not associated with hospitals or other medical or health service faculties, nor shall it include assisted living faculties.

Shall mean (a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (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 act, or whose rights to use, acquire, or enjoy property under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this act.

Shall mean 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 seq.

As applied to a motor vehicle service station sign, shall mean:

Shall mean an area used for the storage of abandoned motor vehicles, or parts thereof, or other scrap materials or for the dismantling or demolition of automobiles or other vehicles or for the buying, selling, storing or trading of discarded metal, glass, paper, cordage or other fixtures. The term "junkyard" includes automobile wrecking yards and also includes those operations defined in the Junkyard Licensing Ordinance for which a license or permit is necessary.

Shall mean any improvements and fixtures on, above or below the surface.

Shall mean the manufacture of products, the process of which does not create and emit fumes, gases, smokes, vapors, vibrations, noise or glare or other factors which are regarded as nuisances which would cause adverse effects to the users of adjacent land.

Shall mean 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.

Shall mean any sewerage authority created pursuant to the "Sewerage Authorities Law," N.J.S.A. 40:14A-1 et seq.; any utilities authority created pursuant to the "Municipal and County Utilities Authority Law," N.J.S.A. 40-.14B-1 et seq.; or any utility authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the New Jersey Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.

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

Shall mean the percentage of the lot area which is covered by the building area, which includes the total horizontal area when viewed in plan.

Shall mean the shortest perpendicular or radial distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, provided that in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersections with the side lot lines.

Shall mean a lot line, or portion thereof, which is continuously coexistent with a street line. In the case of a street of undefined width, the lot 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 the street line shall be considered as the frontage.

Shall mean a line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Shall mean the lot line separating a lot from a street right-of-way.

Shall mean the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Shall mean any lot line other than a front or rear lot line.

Shall mean the horizontal distance between the side lot lines measured at right angles to its depth at a point which constitutes the rear line of the required front yard space, which distance is measured along the minimum front setback line.

Shall mean a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street.

Shall mean a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Shall mean a vehicle as defined in 49 CFR 571.3(b) that is four wheeled and whose attainable speed is more than 20 miles per hour and no more than 25 miles per hour on a paved level surface and whose GVWR is less than 3,000 pounds. It cannot be powered by gas or diesel fuel and must comply with federal safety standards as noted in 49 CFR 571.500.

Shall mean any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

Shall mean any subdivision not classified as a minor subdivision.

Shall mean the fabrication, assembly or processing of goods or materials, or the storage of bulk goods, where such activities create no hazard from fire or explosion and produce no toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

Shall mean any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A "marina" shall be deemed to include automobile parking facilities, sanitary facilities, motor fuel sales, boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental, sale or lease of two or more berthing spaces to other than the residents of the property contiguous to same shall be deemed to constitute a "marina" and the same shall conform to all provisions of this chapter pertaining to "marinas."

Shall mean a composite of one or more written or graphic proposals for the development of the Township which shall have been duly adopted by the Planning Board.[1]

Shall mean an organization approved by the State of New Jersey to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of the Compassionate Use Medical Marijuana Act (N.J.S.A. 24:6I-3).

Shall mean a development plan of one or more lots which proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

Shall mean any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of Township facilities or off-tract improvements, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or this chapter.

Shall mean a dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.

Shall mean the Planning Board or Board of Adjustment, or Governing Body of the Township of Berkeley when acting pursuant to this chapter and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.

Shall mean the establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.

Shall mean a unit of brightness measured by candelas per square meter.

Shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

Shall mean 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 reason of such adoption, revision or amendment.

Shall mean 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 reason of such adoption, revision or amendment.

Means the use of water diverted from surface or groundwaters in such a manner that at least 90% of the diverted water is returned to the source surface or groundwater at or near the point from which it was taken.

Shall mean any building in which more than one room or an area exceeding 400 square feet is used for the accommodation of the aged or sick who are residents therein, excluding members of the resident family.

Shall mean 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.

Shall mean 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.

Shall mean not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

Shall mean the map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the County pursuant to N.J.S.A. 40:27-5.

Shall mean a map adopted by ordinance pursuant to Article 5 of Chapter 291 of the Laws of 1975.

Shall mean located on the lot in question.

Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.

Shall mean 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.

Shall mean 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.

Shall mean that off-street area required for parking of a motor vehicle.

Shall mean, for purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under N.J.S.A. 40:55D-12.

Shall mean any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5 and cash.

Shall mean the rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.

Shall mean that area designated as such by N.J.S.A. 13:18A-1 et seq.

Shall mean the plan and amendments adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, to be cited as "N.J.A.C. 7:50 et seq."

Shall mean a use right allocated to certain lands within the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in Regional Growth Areas in other Pinelands Area municipalities.

Shall mean 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.

See N.J.A.C. 7:50-6.43.

Shall mean N.J.S.A. 13:18A-1 to 29.

Shall mean any use that 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.

Shall mean any room, space, building, structure or portion thereof used for gathering together, on a regular or frequent basis, persons for a common reason, such as meeting halls, civic clubs, houses of worship and parish buildings, auditoriums, community centers, and union halls. Places of assembly may be permitted as a conditional use in those zoning districts specified.

Shall mean an area of minimum contiguous size as specified by ordinance 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.

Shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

Shall mean an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

Shall mean an area of land or development containing dwellings; recreational, cultural and medical facilities; and services for the benefit of permanent residents of communities which require that residents comply with the provisions, stipulations and restrictions regarding senior communities allowing occupancy of units by persons 55 years of age or older, as contained in the Federal Fair Housing Act, as amended in 1988. Provisions for and regulations applicable to this type of development are more fully set forth in Article VII.

Shall mean an area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.

Shall mean an integrated community providing various single-family, multifamily, commercial and recreational uses coordinated with common open space.

Shall mean the municipal Planning Board established pursuant to N.J.S.A. 40:55D-23.

Shall mean a Pinelands plant species whose survival worldwide, nationwide, or in the State is in jeopardy.

Shall mean a map or maps of a subdivision or site plan.

Shall mean any mobile or portable sign or sign structure, not permanently attached to the ground or to any structure.

Shall mean approval granted under Article VII of this chapter which confers certain rights pursuant to Sections 34, 36 and 37 of Article 6, Chapter 291 of the Laws of 1975, prior to final approval, after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

Shall mean 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.

Shall mean the preliminary map indicating the proposed layout of the subdivision which is submitted for Planning Board consideration and preliminary approval, and meeting the requirements of this chapter.

Shall mean the office of a member of a recognized profession, which shall include only the offices of doctors or physicians, dentists, optometrists, ministers, architects, landscape architects, professional engineers, land surveyors, lawyers, artists, authors, real estate brokers, musicians and such other similar professional occupations as may be so designated by the Board of Adjustment upon findings by such Board that such occupation is truly professional in character (as herein intended) by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than the professional activities listed herein. The issuance of a state or local license for regulation of any such occupation need not be deemed indicative of professional standing. When such office is combined with residence, the office shall be the individual office of one member and one member only, without associates or partners and with office personnel limited to not more than two; the area of said office shall not exceed 50% of the total floor area of the building.

Shall mean that use which is not specifically allowed or permitted in a particular zone and for which a special reasons variance under N.J.S.A. 40:55D-70(d) would be necessary in order to provide that use in that particular zone.

Shall mean:

Shall mean a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

Shall mean 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.

Shall mean an open space area conveyed or otherwise dedicated to the Township, a Township agency, Board of Education, State or County agency or other public body for recreational or conservational uses.

Shall mean 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.

Shall mean any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.

Shall mean the majority of the full authorized membership of a municipal agency.

Shall mean the management program that employs the most efficient use of available technology, natural, human and economic resources.

Shall mean 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 office of the Commission.

Shall mean any recreational facility which does not satisfy the definition of low intensive recreational facility including but not limited to golf courses, marinas, amusement parks, hotels, and motels.

Shall mean a facility or area which complies with the standards in 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.

Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

Shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.

Shall mean a medically monitored intensive inpatient treatment for substance abuse that provides twenty-four-hour-per-day physician-supervised evaluation and withdrawal management in a permanent facility with beds based on substance-specific clinical protocols and policies that may include Suboxone induction, or similar medication, for opioid dependence.

Shall mean a plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.

Shall mean the dredging, digging, extraction, mining and quarrying of sand, gravel, clay, or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.

Shall mean 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.

Shall mean a restaurant with indoor formal and/or casual dining areas(s), which may include outdoor dining areas, and with or without banquet facilities or a cocktail lounge as an accessory to the principal restaurant use. Entertainment may also be provided as an accessory use for the enjoyment of dining patrons or during banquets, except that in no event shall such entertainment be offered exclusive of full restaurant services nor shall the dining areas be modified to remove dining tables or seating for entertainment purposes. Any facilities for outdoor use shall be designed to contain sound levels in compliance with NJDEP decibel standards.

Shall mean 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 not including conveyances so as to combine existing lots by deed or other instrument.

Shall mean a silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.

Shall mean a component of an airport hazard area which is trapezoidal in shape, extends 3,000 feet from the runway end along the runway centerline, is 2,350 feet wide at the runway end, 850 feet wide at 3,000 feet from the runway end and has a longitudinal centerline common with the extended runway centerline.

Shall mean a component of an airport hazard area which is rectangular in shape and 2,350 feet in width, and has the same length and centerline as the runway which it circumscribes.

Shall mean a strip of land which is topsoiled, seeded, otherwise landscaped or contains natural vegetation and separates a public street from an on-site parking area. These planted islands are intended to provide a clear distinction between on-site parking areas and the street curbline or edge of pavement.

Any building or portion thereof that is designed, constructed or converted for the purpose of education. Schools may conduct elementary education, secondary education, vocational education, religious education and/or post-secondary education. Such facilities shall be subject to the conditions in § 35-127.9 of this chapter.

Shall mean a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berm, or densely planted vegetation.

Shall mean the level below the natural surface of the ground to which water seasonally rises in the soil in most years.

Shall mean a silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.

Shall mean that portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises, to service the building or portion thereof.

Shall mean a silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.

Shall mean an integral commercial building complex under one ownership serving the needs of a neighborhood or regional area, made up of separate commercial retail establishments having a minimum total floor area of 1,500 square feet.

Shall mean 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 services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.

Shall mean an advertising sign or structure erected and maintained by persons engaged in the sale or rental of space thereon and upon which is displayed products or services which are not made or offered by those persons who own the sign or by those persons upon whose property the sign is erected.

Shall mean a sign, or portion of a sign, that displays one or more electronic images or videos, which may or may not include text. Digital display signs can be changed by remote or automatic means and include television screens, video boards, plasma screens, LED screens, or technologies of a similar nature.

Shall mean any structure used to identify the product or activity being pursued by an industrial or business enterprise and which is displayed upon the lot occupied by such enterprise for the purpose of notifying the public as to the location and type of activity in which it is engaged.

Shall mean any principal or accessory use, building or structure (excluding approved freestanding signs), parking area or parking space, vehicular circulation aisles (excluding approved ingress and egress aisles) and stormwater detention or infiltration facilities.

Shall mean a development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices and any other information that may be reasonably required in order to make an informed determination by the Planning Board.

Shall mean all other site plans.

Shall mean a development plan including not more than one building having a maximum gross floor area of 2,500 square feet and not requiring any variances or containing any proposal for construction of public streets, roads, drainage facilities, sewer and water improvements, on-site parking facilities for more than 10 vehicles, or any other public facility, improvement or service.

Shall mean 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.

Shall mean the largest known individual trees of each species as set forth in a publication entitled "New Jersey's Biggest Trees," NJDEPE, Division of Parks and Forestry, Summer 1991. Large trees approaching the diameter of the known largest tree shall be considered specimen trees.

Shall mean standards (1) adopted by ordinance pursuant to Subsection 52d, N.J.S.A. 40:55D-65d, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (2) required by applicable Federal or State laws or municipal ordinances.

Shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. No "story" shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a "story" if it covers more than 1/3 the area of the floor next below it. For the purpose of this chapter, a bilevel or split-level dwelling shall be considered a one-story structure.

Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by law, 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 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.

Shall mean the dividing line between a lot and the street right-of-way contiguous thereto.

Shall mean any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability.

Shall mean 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.

Shall mean 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.

Shall mean 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: 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; divisions of property by testamentary or intestate provisions; divisions of property upon court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."

Shall mean 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 this chapter and having such other duties relating to land subdivision as may be conferred on this Committee by the Board.

Shall mean a depression in the ground which channels runoff.

Shall mean an establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served and sold only as an accessory use to the principal use.

Shall mean a silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.

Shall mean the original layer of soil material varying in thickness which constitutes the A-1 soil horizon and higher levels is usually darker and richer than the subsoil.

Shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.

Shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

Shall mean 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.

Shall mean permission to depart from the literal requirements of the Berkeley Township Zoning Ordinance pursuant to Article 7, Section 47, and Article 9, Section 57c and d, of Chapter 291 of the Laws of 1975.

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

Shall mean those lands that 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 soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands.

Shall mean 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.

Shall mean a winery operating under a state-issued winery license issued and valid pursuant to N.J.S.A. 33:1-10(2b).

Shall mean a space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

Shall mean a space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

Shall mean the open space between a lot line and the buildable area within which no structure shall be located except as provided in this chapter.

Shall mean a space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

Shall mean the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

Shall mean a specifically delineated area or district in the Township within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

Shall mean the dividing of Berkeley Township into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

Shall mean the Board of Adjustment as established under this chapter.

Shall mean the map or maps which are a part of the ordinances of Berkeley Township and delineate the boundaries of zone districts.

Shall mean that person designated by the Township Council to administer and enforce the provisions of this chapter.

Shall mean a document signed by the Zoning Officer (1) 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 (2) which acknowledges that such use, structure or building complies with the provisions of the municipal Zoning Ordinance or variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70.