In addition to the terms defined in Subsection
B above, the following terms shall apply to the Pinelands Area of Lacey Township. In the event of a conflict between a definition of Township-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.
[Added 2-14-1991 by Ord. No. 5-91]
AGRICULTURAL COMMERCIAL ESTABLISHMENTA retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants or other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself or facilities which are solely processing facilities.
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.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEMAn individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.
[Added 12-12-2002 by Ord. No. 02-68; amended 7-12-2018 by Ord. No. 2018-20]
APPROVAL AGENCYAny board, body or other authority within the Township with the authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
APPROVAL, FINALAny approval to develop issued by a local permitting agency which represents the final action to be taken on the application for development by that agency, including but not limited to final approval of major subdivisions and site plans, approval of minor subdivisions and the issuance of zoning or construction permits.
APPROVAL, PRELIMINARYAny approval to develop issued by a local permitting agency which is a prerequisite to the issuance of a final approval by that agency, including but not limited to preliminary approvals of major subdivisions and site plans.
CAMPERA portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term uses. "Camper" does not include mobile homes or other dwellings.
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.
CERTIFICATE OF FILINGA certificate issued pursuant to the provisions of N.J.A.C. 7:50-4.34 that a complete application for development has been filed.
COMMISSIONThe Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act, as amended.
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 line, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
[Amended 1-28-1993 by Ord. No. 93-5]
DENSITYThe average number of dwelling units per gross acre of land.
DEVELOPMENTThe change or enlargement of any use or disturbance of land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
(1) A change in type of use of a structure or land.
(2) A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
(3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
(4) The commencement of resource extraction, drilling or excavation on a parcel of land.
(5) The demolition of a structure or removal of trees.
(6) The commencement of forestry activities.
(7) The deposit of refuse, solid or liquid waste or fill on a parcel of land.
(8) In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions or waste material.
(9) The alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
DEVELOPMENT APPROVALAny approval to develop which is granted by an approval agency, including appeals 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.
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 of an area in excess of 5,000 square feet.
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 or after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DWELLINGAny structure or portion thereof which is designed or used for residential purposes.
DWELLING UNITAny room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.
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:
(1) Another substation of the utility;
(2) A substation of or interconnection point with another interconnecting utility company; or
(3) A substation of a high-load customer of the utility.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
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.
FISH AND WILDLIFE MANAGEMENTThe changing of the characteristics and interactions of the fish and wildlife population and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FORESTRY [Amended 3-27-1997 by Ord. No. 97-14]The planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as "forestry":
(1) Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed.
(2) Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees.
(3) Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter.
(4) Removal of trees necessary for the maintenance of utility or public rights-of-way.
(5) Removal or planting of trees for the personal use of the parcel owner.
(6) Removal of trees for public safety.
HABITATThe natural environment of an individual animal or plant population or community.
HEIGHT, ACCESSORYThe vertical distance of a building measured from the average grade on all sides to the highest point of any roof. For structures, the vertical distances measured from grade to its highest point; provided, however, that no height limitation in this chapter shall apply to any of the following structures, if structures are compatible with uses in the immediate vicinity: silos, barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission facilities and supporting structures; windmills; chimneys; smokestacks; derricks; conveyors; flagpoles; masts; aerials; solar energy facilities; and similar structures required to be placed above the roof level and not intended for human occupancy.
[Amended 7-27-2006 by Ord. No. 2006-38; 2-9-2012 by Ord. No. 2012-06]
HEIGHT, PRINCIPALThe vertical distance of a building measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height of the roof above the highest habitable area for gable, hip and gambrel roofs. For structures, the vertical distance measures from grade to its highest point; provided, however, that no height limitation in this chapter shall apply to any of the following structures, if such structures are compatible with uses in the immediate vicinity: silos; barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission facilities and supporting structures; windmills; chimneys; smokestacks; derricks; conveyors; flagpoles; masts, aerials; solar energy facilities; and similar structures required to be placed above the roof level and not intended for human occupancy.
[Amended 7-27-2006 by Ord. No. 2006-38]
HISTORIC RESOURCEAny 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.
[Amended 3-27-1997 by Ord. No. 97-14]
HOME OCCUPATIONSAn activity for economic gain carried out in a residential dwelling or accessory structure thereto in which an occupant of the residence and no more than two other individuals are employed and which is clearly secondary to the use of the dwelling as a residence.
HYDROPHYTESAny plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
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 3-27-1997 by Ord. No. 97-14; amended 7-12-2018 by Ord. No. 2018-20]
IMPERMEABLE SURFACEAny surface which does not permit fluids to pass through or penetrate its pores and spaces.
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; law enforcement facilities; military facilities; churches; public office buildings; cemeteries; and other similar facilities.
INTERESTED PERSON OR PARTYAny person 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 upon by action or failure to act under this chapter.
INTERIM RULES AND REGULATIONSThe regulations adopted by 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 formally codified as N.J.A.C. 7:1G-1.
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.
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 3-27-1997 by Ord. No. 97-14]
MEDICAL CANNABIS DISPENSARYAn organization issued a permit by the Cannabis Regulatory Commission that authorizes the organization to purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries and from clinical registrants; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of Subsection i of Section 27 of P.L. 2019, c. 153 (N.J.S.A. 24: 61-20); and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. A medical cannabis dispensary shall not cultivate medical cannabis, or produce, manufacture, or otherwise create medical cannabis products.
[Added 7-8-2020 by Ord. No. 2020-15]
OFF-SITE COMMERCIAL ADVERTISING SIGNA sign, other than a sign which advertises an agricultural commercial establishment, 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.
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 3-27-1997 by Ord. No. 97-14]
PERSONAn individual, corporation, public agency, business trust, partnership, association, two or more persons having joint or common interest or any other legal entity.
PINELANDS AREAThat area of Lacey Township designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.), being that portion of the Township lying west of the Garden State Parkway.
PINELANDS DEVELOPMENT CREDITSA 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 located in other Pinelands Area municipalities.
PINELANDS DEVELOPMENT REVIEW BOARDThe agency responsible from February 8, 1979, to 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.
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 ilmenite.
PRESERVATION AREAThe area so designated by Section 10(b) of the Pinelands Protection Act.
PROTECTION AREAAll land within the Pinelands Area which is not included in the preservation area.
PUBLIC DEVELOPMENTDevelopment, including subdivision, by any Township or other governmental agency.
PUBLIC SERVICE INFRASTRUCTURESewer service, gas, electricity, water, telephone, cable television and other public utilities, roads and streets and other similar services provided or maintained by any public or private entity.
RECOMMENDED MANAGEMENT PRACTICEThe management program which employs the most efficient use of available technology and natural, human and economic resources.
RECORD TREEThe largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 3-27-1997 by Ord. No. 97-14]
RECREATIONAL FACILITY, INTENSIVEAny recreational facility which is not a low-intensive recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.
RECREATIONAL FACILITY, LOW-INTENSIVEA facility or area which complies with the standards of N.J.A. C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
[Amended 3-27-1997 by Ord. No. 97-14]
RESOURCE EXTRACTIONThe 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.
SEASONAL HIGH WATER TABLEThe level below the natural ground surface to which water seasonally rises in the soil in most years.
SIGNAny 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.
SOLAR ENERGY FACILITYA 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.
[Added 7-12-2018 by Ord. No. 2018-20]
SOLID WASTE TRANSFER STATIONA facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a landfill.
STRUCTURAL ALTERATIONAny change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
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 main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
[Amended 3-27-1997 by Ord. No. 97-14]
WETLANDSThose lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. "Wetlands" include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Services of the United States Department of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 6.5.
WETLANDS 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, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.