For the purposes of this chapter, certain phrases and words are defined as follows: (P) shall indicate applicability to Pinelands Districts only.
ACCESSORY BUILDING, STRUCTURE OR USEA building, structure or use which is customarily associated with and is subordinate in area, extent and purpose and incidental to the principal building, structure or use and which is located on the same lot therewith. An "accessory building" attached to the principal building shall comply in all respects with the requirements applicable to the principal building.
(P) AGRICULTURAL COMMERCIAL ESTABLISHMENTA retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An "agricultural commercial establishment" may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities.
(P) AGRICULTURAL EMPLOYEE HOUSINGResidential 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.
(P) AGRICULTURAL OR HORTICULTURAL PURPOSE OR USEAny 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 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.
ALTERATIONS OR ADDITIONS, STRUCTURALAny changes in or additions to the supporting members of a building, such as walls, columns, beams, girders, posts or piers, or in the dimensions or configurations of the roof of exterior walls.
(P) ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEMAn individual or community on site waste water treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater 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.
[Amended 11-13-18 by Ord. No. 2018-11]
ANTIQUE SHOPSRetail sales of antique furniture, household collectable items, paintings, and items normally associated with residential living. No stripping or refinishing of antique furniture is permitted onsite except in designated commercial use districts.
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents required by this chapter for approval of 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-1 et seq., or N.J.S.A. 13:18A-1 et seq.
(P) APPROVAL AGENCYAny board, body or other authority within the township with the authority to approve subdivisions, site plans, building permits or other applications for approval of development.
ARTIST STUDIOA place where there is the practice of fine arts including painting, sculpting, or music.
BASEMENTA story having more than 25% of its clear height below the average finished contract grade along the outside walls of the building.
BASE PANELThe area of a building between the windows and the ground.
(P) BEDDINGA 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.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds, giving the name and occupation of the user of the premises the nature of the business conducted therein; except that in the Pinelands Area any sign advertising agricultural commercial establishments shall not be considered a "billboard."
BOATELA marina-based motel offering temporary overnight accommodations exclusively to the boating public.
BOOK SHOPA place where there is the presentation of books, magazines, periodicals, etc., for sale or viewing by the general public. A book shop may include paper or hard bound documents.
(P) BROADCAST SCARIFICATIONA 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.
BUFFER AREAAn area of the property to be developed which is set aside for the sole purpose of the establishment of planting material or the combination of planting material with land contouring to provide an impenetrable barrier to light and sound.
BUILD-TO-LINEA setback dimension, the location along which a building façade must be placed.
BUILDINGA structure or extension or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
(P) BUILDINGAny structure or extension thereof or addition thereto, either temporary or permanent, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING COVERAGEThe square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundations, and including the area under the roof of any structure supported by columns but not having walls, as measured around the outside of the outermost extremities as the roof above the columns.
BUILDING HEIGHTThe height of a building shall be measured from the point from the mean elevation of the finished grade five feet away from the foundation along the side(s) of the building facing a street or to the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.
CAMPERA camper shall be as defined in N.J.A.C. 8:22 as amended.
CAMPGROUND, IMPROVEDA tract of land at least 40 acres in area used for camping, including the renting of tents and camping vehicles, temporarily located onsite, established, maintained and operated as an area for the temporary seasonal living quarters for children or adults for recreation, education or vacation purposes. The density of campgrounds shall not exceed five units per acre in the Non-Pinelands Area or six units per acre in the Pinelands Area.
CAMPGROUND, PRIMITIVEThe same meaning as CAMPGROUNDS, IMPROVED except that there are no utility hookups on site. Each individual area designated as a sleeping facility shall be a minimum of 10,000 square feet in area and a minimum of 100 feet in width and depth.
(P) CAMPSITEA place used or suitable for camping, on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.
(P) CERTIFICATE OF FILINGA 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.
(P) CLEARCUTTINGA 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. Clearcutting 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.
CLUSTER SINGLE FAMILY RESIDENTIAL DEVELOPMENTA development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded.
(P) COMMISSIONThe Pinelands Commission, created pursuant to Section 5 of the Pinelands Protection Act.
COMMON PROPERTYA parcel or parcels of land or an area of water or a combination of land and water, together with the improvements thereon, designed and intended for the ownership, use and enjoyment shared by the residents and owners of the development. "Common property" may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
(P) CONTIGUOUS LANDLand 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 lines, streams, roads, rights-of-way, and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
[Amended 2-24-97 by Ord. No. 97-01]
(P) COPPICINGA 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.
CRAFT SHOPAn area primarily utilized for the sale and display of homemade, nonmanufactured objects or material utilized in the making of said objects.
(P) DAYFor purposes of computing time limits, a calendar day.
(P) DENSITYThe average number of housing units per unit of land, except that in the Pinelands Area, "density" shall be calculated on the basis of gross average, including platted rights of way, within the deeded premises.
(P) DEVELOPMENTThe 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:
A. A change in type of use of a structure or land.
B. A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
C. A material increase in the 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.
D. The commencement of resource extraction, drilling or excavation on a parcel of land.
E. The commencement of forestry activities.
F. The demolition of a structure or removal of trees.
G. The deposit of refuse, solid or liquid waste or fill on a parcel of land.
H. In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
I. The alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
(P) DEVELOPMENT APPROVALAny approval to develop which is granted by an approval agency, including appeal to the governing body, except for certificates of occupancy and variances which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
(P) DEVELOPMENT, MAJORAny 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 or an area in excess of 5,000 square feet for other than agricultural or horticultural purposes.
(P) DISKINGA 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.
(P) DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
(P) DRUM CHOPPINGA 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.
(P) DWELLINGAny structure or portion thereof which is designed or used for residential purposes.
DWELLING, SINGLE FAMILYA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residence purposes by one sanitary and general living facilities.
DWELLING UNITA room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The "dwelling unit" shall be self-contained and shall not require the use of outside stairs, common hallways, passing through another dwelling unit or other indirect route(s) to get to any portion of the "dwelling unit," nor shall there be shared facilities with another housekeeping unit.
(P) ELECTRIC TRANSMISSION LINESElectric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and another substation of the utility company, substation of or interconnection point with another interconnecting utility company or a substation of a highload customer of the utility.
ENCROACHMENTAny structural element (canopy, awning, sign, deck, porch, etc.) that extends horizontally from the building into a right-of-way or setback; measured from the building façade outward.
(P) ENLARGEMENTAn 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.
(P) EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FACADEThe vertical surface of a building that faces a street.
(P) FAMILYOne or more persons related by blood, marriage, adoption or guardianship, or any number of persons not so related, occupying a dwelling unit and living as a single housekeeping unit.
FARMA. Principal uses: a lot of at least five acres with 300 feet of lot frontage used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce. One owner occupied single family dwelling may be permitted on any farm in addition to the permitted accessory uses as defined under paragraph B. following.
B. Accessory uses: buildings incidental to the farm operation, such as tenant houses (outside the Pinelands Area), greenhouses, or buildings for housing seasonal workers for the farm's own use; barns, packing, grading and storage buildings for produce raised on the premises; buildings for keeping of poultry and permitted livestock; and garages for the keeping of equipment and trucks used in farm operations.
(P) FIRE HAZARDThe classification of a parcel of land in accord with the following:
Hazard | Vegetation Type |
Low | Atlantic white cedar |
| Hardwood swamp |
Moderate | Non-pine barrens forest |
| Prescribed burned areas |
High | Pine barrens forest, including mature forms of pine, pine-oak or oak-pine |
Extreme | Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-shrub oak and pine-lowland |
FIRST FLOOR AREAThe residential portion of a dwelling unit, excluding basements, garages, carports and breezeways, measured by using the outside dimensions of the residential portion of the building. For a split-level, bi-level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding basements and garages, provided that both levels are connected by permanent built-in stairs in the interior of the building.
(P) FISH AND WILDLIFE MANAGEMENTThe 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.
FLAG LOTA lot which meets the area and dimensional requirement of this chapter, except lot frontage, which may be reduced to permit utilization of lands with limited road frontage.
(P) FORESTRYThe 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:
A. Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
B. Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
C. Removal of trees necessitated by the development of the parcel as otherwise authorized by this Chapter;
D. Removal of trees necessary for the maintenance of utility or public rights-of-way;
E. Removal or planting of trees for the personal use of the parcel owner; and
F. Removal of trees for public safety.
(P) FOREST STANDA uniform group of trees of similar species, composition, size, age and similar forest structure.
FRONTAGE: FORECOURTWhere the majority of the building façade is located at the build-to-line, while a small portion is set back, creating a small open space. This space could be used as an entry, shared garden space, passive lawn or as a plaza. For residential uses, a low all or hedge can be placed along the build-to-line to define public versus private space. See the drawings below for a visual description.
FRONTAGE: RESIDENTIAL PORCHWhere the primary street façade of the building is setback from the build-to-line. An elevated porch is located between the building façade and the build-to-line. Stairs from the porch can lead directly to the sidewalk or can be side-loaded. See the drawings and photograph below for a visual description.
FRONTAGE: RESIDENTIAL STOOPWhere the primary street façade is set back from the build-to-line. An elevated stoop is located between the building façade and the build-to-line. Stairs from the stoop can lead directly to the sidewalk or can be side-loaded. See the drawings and photograph below for a visual description.
FRONTAGE: SHOPFRONTWhere the primary street façade is at or near the build-to-line. Awnings, canopies and/or signs may extend out above the sidewalk. This frontage type is only appropriate for areas that have retail and services on the first floor. See the drawings and photograph below for a visual description.
FRONTAGE TYPEThe type of façade that is permitted on a primary street (front yard).
GOLF COURSE, MAJORAn area of 50 or more contiguous acres containing a full size, professional golf course at least nine holes in length, not less than par three each, together with the necessary accessory uses and structures such as clubhouses, golf club lodges and dining and refreshment facilities, provided that the operation of such is incidental and subordinate to the operation of the golf course.
GOLF COURSE, MINIATUREA golf course primarily for family entertainment containing a minimum of 18 but not more than 36 holes. An associated office for the golf course operation and custard/ice cream and beverage stand for the patrons of the golf course are permitted accessory uses in a single onsite building. No onsite cooking of foods is permitted.
GROSS FLOOR AREAThe area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height of eight feet or more and those areas used for storage space in nonresidential uses shall be included in the "gross floor area."
(P) GROUP SELECTIONA 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.
(P) HABITATThe natural environment of an individual animal or plant, population or community.
HALF-STORYA space under a sloping roof that has the line of intersection of the roof and the wall face not more than three feet above the floor level and in which space the possible floor are with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
(P) HISTORIC RESOURCEAny site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, regional or local level.
[Amended 2-24-97 by Ord. No. 97-01]
HOME BUSINESSA business conducted entirely within a single family owner occupied dwelling or an associated accessory building, where the business is clearly incidental and secondary to the use of the lot for residential purposes.
HOME OCCUPATIONAn occupation conducted entirely within a single family owner occupied dwelling unit, which occupation is clearly incidental and secondary to the use of the lot for residential purposes. Such occupations shall be conducted solely by the residents of the detached dwelling, and provided also that:
A. No more than 450 square feet of the single family dwelling shall be used for such purpose.
B. The gross floor area for the residence shall remain at least as large as that required in Article
IV for a detached dwelling.
C. No display of products shall be visible from the street.
D. The residential character of the lot and building shall not be changed.
E. No occupational sounds shall be audible outside the building.
F. No equipment shall be used which will cause interference with radio and television reception in neighboring residences.
G. The home occupation does not reduce the parking or yard requirements of the detached dwelling. Not more than one commercially registered vehicle attributable to the home occupation may be parked on the premises. No vehicles utilized by the home occupation shall be parked on the street.
H. Signage shall be in accordance with Section
185-43 of this chapter.
I. In businesses conducted in accessory buildings, the building must be architecturally compatible with the main structure.
HOMEOWNERS' ASSOCIATIONAn incorporated non-profit organization operating in age-restricted residential development under recorded land agreements through which:
A. Each owner is automatically a member.
B. Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the township.
C. Each owner and tenant has the right to use the common property.
HOTELAn establishment providing transient sleeping accommodations with all rooms having access to an interior hallway; the facility provides additional services, such as restaurants, meeting rooms and/or recreational facilities.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.
(P) HYDROPHYTEAny plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
(P) IMMEDIATE FAMILYThose 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.
[Amended 2-24-97 by Ord. No. 97-01; 11-13-18 by Ord. No. 2018-11]
(P) IMPERMEABLE SURFACEAny 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.
(P) IMPERVIOUS SURFACE 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.
(P) INDIVIDUAL SELECTIONA 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.
INNAn establishment providing transient sleeping accommodations, which is smaller in overall size and number of rooms than a hotel or motel.
(P) INSTITUTIONAL USEAny 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; churches; cemeteries; public office buildings; and other similar facilities.
INTERESTED PARTYIn a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed by any action or a failure to act under N.J.S.A. 40:55D-l et seq.
(P) INTERIM RULES AND REGULATIONSThe regulation 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.
(P) LANDIncludes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.
(P) LANDFILLSites, including open dumps, where solid waste, liquid and dry sewage sludge and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered "landfills."
(P) LANDSCAPINGThe installation of plant material or seed as a part of development.
LOADING SPACEAn off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.
(P) LOCAL COMMUNICATIONS FACILITYAn 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.
[Added 2-24-97 by Ord. No. 97-01]
LOTAny parcel of land separated from other parcels or portions as by a subdivision plat or deed of record, survey map or by metes and bounds, except that no portion of a street right of way shall be included in calculating the "lot" boundaries or areas.
LOT AREAThe area contained within the legally described property lines of a lot, not including any portion of a street right of way, existing or to be dedicated.
LOT CORNERA lot having two or more of its property lines abutting two or more existing or proposed streets.
LOT DEPTHThe shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line. In the case of corner lots, the rear lot line shall be the property line parallel to designated front lot line.
LOT LINEAny line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.
LOT WIDTHThe straight and horizontal distance between side lot lines at setback points on each side line measured and equal distance back from the street line. The minimum "lot width" shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum "lot width" at the street line shall not be less than 75% of the minimum "lot width" for the zoning district in which the lot is located. "Lot frontage" shall be the same as the lot width, except that in curved alignments with an outside radius of 500 feet or less, the minimum distance between the side lot lines measured along the street shall not be less than 75% of the required minimum lot width.
MANUFACTURED HOMEA unit of housing which:
1. | Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together onsite; and |
2. | Is built on a permanent foundation; and |
3. | Is designed to be used, when connected to all required utilities, as a dwelling unit on a permanent foundation; and |
4. | Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the United States Department of Housing and Urban Development pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974" Pub.L. 93-383 (42 U.S.C. 5401 et seq.) and the standards promulgated for a manufactured home by the Commissioner of the New Jersey Department of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L. 1975, c.217 (N.J.S.A. 52:27D-119 et seq.) For purposes of this chapter, travel trailers, campers and camper trailers are not considered "manufactured homes." |
MATURE TREEAny woody perennial having a diameter greater than 24 inches at any point or a height in excess of 30 feet.
METHADONE CLINICA clinic which has been legally established to provide outpatient methadone maintenance services by dispensing methadone (DOLOPHINE), a schedule II opioid analgesic, to those who abuse heroin and other opioids. A methadone clinic shall be deemed to be a business or commercial operation or functional equivalent thereof and shall not be construed, for zoning purposes, as ancillary or adjunct to a doctor's professional office. The siting of a methadone clinic within a municipality shall be limited to zones designated for business or commercial use. Methadone clinics are not permitted in any zone that provides for residential or mixed residential/ business and mixed/commercial uses.
[Added 4-10-18 by Ord. No. 2018-01]
MIXED-USEA building containing more than one use.
MOTELAn establishment providing transient sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
(P) NATURAL REGENERATIONThe establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
NATURAL REVEGETATION LISTPlantings recommended by the Township of Dennis Natural Resource Committee that have best adapted to the climate, soil and topography of the Township of Dennis. A list of such plantings shall be on file for use and guidance of persons presenting plans for revegetation.
NONCONFORMING LOTA lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTUREA structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it located by reason of such adoption, revision or amendment.
OFFICEA room or groups of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files and communication equipment.
OUTDOOR STORAGEThe keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four hours.
(P) PARCELAny quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.
[Amended 2-24-97 by Ord. No. 97-01]
PARKING SPACEAn area of not less than nine feet wide by 18 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicles, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging at one end of the "parking space." The width and length of each space shall be measured perpendicular to each other regardless of the angle of the "parking space" to the access aisle or driveway.
PARKING STRUCTUREA multi-story structure (also called a parking garage or parking deck) that is designed specifically for automobile parking and where there are a number of floors or levels.
(P) PERMEABILITYThe rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
PERMITTED USEAny use of land or building as permitted by this chapter.
(P) PERSONAn individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.
PERSONAL SERVICESEstablishment primarily engaged in providing services involving care of a person or his or her personal goods or apparel (examples include health club, laundry, beauty shop).
(P) PINELANDS AREAThe area designated as such in the Pineland Protection Act, N.J.S.A. 13:18A-1 et seq., as amended.
(P) PINELANDS DEVELOPMENT REVIEW BOARDThe agency responsible from February 8, 1979, until June 28, 1979, for 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.
(P) PINELANDS RESOURCE-RELATED USEAny 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 limonite.
PREFERRED TREESTrees recommended by the New Jersey Bureau of Forest Management as best adapted to the climate, soil and topography of the Township of Dennis. A list of such trees shall be kept on file with the Township Clerk.
PRIMARY STREETRefers to the street directly abutting the front yard of a parcel. The primary street is the lot's street address.
PRINCIPAL USEThe main purpose for which a lot or building is used. Only one principal use may be permitted per property unless otherwise permitted in the district.
PROFESSIONAL OFFICEAn office primarily utilized for the enactment of administrative duties in a practice duly licensed by the State of New Jersey; such as medicine, architecture, engineering, surveying, law, accounting, or real estate.
PUBLIC PURPOSE USESThe use of land or buildings by the governing body of the Township of Dennis or any officially created authority or agency thereof.
(P) PUBLIC PURPOSE USEThe use of land or buildings by the Governing Body of the township or any officially created authority or agency thereof.
(P) PUBLIC SERVICE INFRASTRUCTURESewer 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.
(P) RECORD TREEThe largest tree of a particular species in New Jersey based on its circumference at four and one-half (4.5) feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 2-24-97 by Ord. No. 97-01]
(P) RECREATIONAL FACILITY, INTENSIVEAny 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.
(P) RECREATIONAL FACILITY, LOW INTENSIVEA 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.
[Amended 2-24-97 by Ord. No. 97-01]
RESIDENTIAL AGRICULTUREThe production, principally for home use or consumption, of plants, animals or their products, and for sale to others where such sales are incidental, including but not limited to, gardening, fruit production, and poultry and livestock products for household use only, and livestock boarding and breeding.
RESIDENTIAL HEALTH CARE FACILITYA facility licensed and/or regulated by the New Jersey Department of Health or the Department of Community Affairs, that provides food, shelter, supervised health care and related services to four or more persons 18 years of age or older who are unrelated to the owner or administrator.
(P) RESOURCE EXTRACTIONThe dredging, digging, extraction, mining, and quarrying of sand, gravel, clay or limonite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
(P) RESOURCE MANAGEMENT SYSTEM PLANA 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.
RESTAURANTAny establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course (major or miniature), playfield or park, operated solely by the agency or group operating the recreation facility and for the convenience of, and restricted solely to, patrons of the recreational facility, shall not be deemed a "restaurant".
RETAILEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
(P) ROOT RAKINGA 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.
SECONDARY STREETOccurs on corner lots, being the street that is considered subordinate to the primary street.
(P) SEED TREE CUTA 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.
SERVICE STATIONLands and buildings providing for the sale of truck and automotive fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the extended storage of inoperable or wrecked vehicles shall be permitted.
SERVICESEstablishments primarily engaged in providing assistance, as opposed to products, to individuals, businesses, industry, government and other enterprises (examples include legal, engineering, educational services).
SETBACK LINEA line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line of the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
(P) SHELTERWOOD CUTA 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.
SIGNAny building, structure or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia is used to advertise or promote the interest of any person or product when the same is placed in view of the general public. "Signs" do not include the flag or emblem of any nation, organization of nations, state, city or any fraternal, religious or civic organization; 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. "Sign" shall also include "portable sign."
SITE PLAN REVIEWThe examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Dennis Township Planning or Zoning Board.
SMALL WIND ENERGY SYSTEMA wind energy system, as defined herein that which is used to generate electricity; and has a nameplate capacity of 100 kilowatts or less.
[Added 5-5-09 by Ord. No. 2009-01]
SOLAR ENERGY SYSTEMA solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
[Added 5-5-09 by Ord. No. 2009-01]
SOLAR PANELSA structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
[Added 5-5-09 by Ord. No. 2009-01]
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling. A "half story" is the area under a pitched roof at the top of a building, the floor of which is at least four feet but no more than six feet below the plate.
STREETAny 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 theretofore approved pursuant to law or which is approved by official action as provided by N.J.S.A. 40:55D-1 et seq. or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of the Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINEThe edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTUREAnything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices, swimming pools and tennis courts.
SWIMMING POOL, PORTABLEPortable pools shall not be subject to the requirements of Article
V and are those pools which are not otherwise permanently installed; do not require water filtration, circulation, and purification; do not exceed a water surface area of 100 square feet; and do not require braces or supports.
SWIMMING POOL, PRIVATE RESIDENTIALIncludes an artificially constructed pool, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests; and which is located on a lot as an accessory use to a detached dwelling; and shall include all buildings, structures, equipment and appurtenances thereto.
(P) THINNINGA silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
TOWNHOUSEA 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 vertical common fire-resistant walls.
TOWNSHIPThe Township of Dennis, Cape May County, New Jersey.
TRACTAn area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one "tract," provided that the street is not an arterial or collector road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite and equivalent linear distance of street frontage on the other side of the street.
TREEAny woody perennial having a diameter greater than two and one-half (2 1/2) inches, measured at a point four and one-half (4 1/2) feet above the ground.
TREE REGISTERA list of trees within the township which are of special significance and are therefore worthy of protection by virtue of their size, age, type, history or relationship to historical or cultural events. A list of such trees shall be kept on file for use and guidance of persons presenting plans for development in wooded areas.
TWO-FAMILY DWELLINGA unit where two families live, the unit could be split horizontally with the units side by side or vertically with the units stacked on one another.
(P) UTILITY DISTRIBUTION LINESLines, 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 served area. Utility distribution lines do not include electric transmission lines.
[Amended 2-24-97 by Ord. No. 97-01]
(P) VEGETATIONAny plant material, including grasses, shrubs and trees.
(P) WETLANDSThe meaning ascribed to the word in N.J.A.C. 7:50-6.4.
WETLANDS BUFFERAn area left in its natural state between developable uplands and designated wetlands, the depth of which is designated by the N.J.D.E.P.E. based on the quality of wetlands.
WETLANDS, FRESHWATERAny land certified by the N.J.D.E.P.E. Bureau of Wetlands to be wetlands in accordance with the Freshwater Wetlands Protection Act of July 1, 1987, as currently amended.
WETLANDS, SALTWATERTidal wetlands along the Atlantic Ocean and Delaware Bay as delineated on official maps as listed under N.J.A.C. 7:7-2.2.
(P) WETLANDS MANAGEMENTThe 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.
(P) WETLAND SOILSThose soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
WIND ENERGY SYSTEMA wind turbine and all associated equipment including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
[Added 5-5-09 by Ord. No. 2009-01]
WIND TURBINEEquipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
[Added 5-5-09 by Ord. No. 2009-01]
YARD, FRONTAn open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the "front yard" shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required "front yard" shall be the same as the required setback. The minimum front yard setback as required by the zoning district shall be met on all property lines abutting streets.
YARD, REARAn open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the "rear yard" shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required "rear yard" shall be the same as the required setback.
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required "side yard" shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved side lot lines.
ZONING OFFICERIncludes both the Zoning Officer and/or the Construction Official.