For the purpose of this chapter, the terms used are defined as follows:
ACCESSORY STRUCTURE OR USEA structure or use which:
A. Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting, and storage as well as washing, grading and packaging of unprocessed produce grown on site; and
B. Is subordinate in area, extent and purpose to the principal structure or principal building or a principal use served; and
C. Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and
D. Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this plan.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USEAny production of plants or animals useful to man, including but not limited to forages 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 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 change in supporting members of a building or additions to a structure requiring walls, foundations, columns, beams, girders, posts or piers or the moving of a structure; any enlargement, whether by extension of a side or by increased height.
ANTENNA, DISH TYPEA saucer or circular-shaped antenna functioning as an antenna for the reception of television programming. Such objects are also known as "home video earth stations," "satellite dishes," or "satellite earth stations."
APPLICATION FOR DEVELOPMENTAny application, filed with any permitting agency, for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in §
145-23B.
APPROVAL AGENCYAny board, body or other authority within the Borough with 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.
AS-BUILT PLANSPlans which show the exact location and elevation of all improvements which have been made a part of the subdivision. This shall include but not necessarily be limited to water mains, sanitary and storm sewers, underdrains, culverts, electric lines, telephone lines, etc.
BLOCKAn area bounded by three or more streets or as delineated on the current Tax Map.
BUILDINGAny structure, either temporary or permanent, having a roof and designed, intended or used for the sheltering or protection of persons, animals, chattel or property of any kind.
BUILDING AREA (GROUND COVERAGE)The area occupied by all the buildings on a lot, measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns but hot having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING LINEA line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical projection will coincide with the surface nearest the lot line. A building line shall not be closer to the street line than the required front yard depth.
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 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.
CARPORTA covered structure, having two walls or less, used to offer protection for motor vehicles from the elements. A carport may be either freestanding or attached to a wall.
[Added 8-12-2020 by Ord. No. 673]
CARTWAYThe actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.
CERTIFICATE OF CONFORMITYA statement signed by the Zoning Officer setting forth that the accessory use of a building or property complies with this chapter.
CERTIFICATE OF FILINGA certificate issued by the Pinelands Commission pursuant to NJAC 7:50-4.34 that a complete application for development has been filed.
CERTIFICATE OF USE AND OCCUPANCYThe certificate issued by the construction official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit.
COMMERCIAL VEHICLEAny motor vehicle with commercial registration and a GVWR of over 14,000 pounds.
[Amended 8-14-2013 by Ord. No. 607]
COMMISSIONThe Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act as amended (N.J.S.A. 13:18A-5).
COMPREHENSIVE MANAGEMENT PLANThe plan and amendments thereto adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act. (N.J.S.A. 13:18A-8).
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.
COUNTYThe County of Burlington, State of New Jersey.
DAYFor purposes of computing time limits, the word "day" in this chapter refers to a calendar day.
DECKAn open-floor-type structure having neither roof, walls, nor enclosing features except for safety handrails.
DENSITYThe average number of housing units per unit of land.
DEVELOPERThe legal or beneficial owner or owners of a lot or any land proposed to be included in a development.
DEVELOPMENTThe 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:
A. A change in type of use of a structure or land;
B. A reconstruction, alternation 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. Commencement of resource extraction drilling, or excavation on a parcel of land;
E. Commencement of forestry activities;
F. Demolition of a structure;
G. 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; and
I. 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 granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which does 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 any area in excess of 5,000 square feet.
DISTRICT ZONINGA portion of the territory of the Borough of Medford Lakes within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.
DIVERT or DIVERSIONMeans the taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other water body, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
[Added 4-25-2024 by Ord. No. 710]
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVEWAY (RESIDENTIAL AND NONRESIDENTIAL)A paved or unpaved area used for ingress and egress of vehicles and allowing access from a street to off-street parking, a building or other structure or facility.
[Amended 6-23-2010 by Ord. No. 566]
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.
EASEMENTA right-of-way granted but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structures.
ELECTRIC TRANSMISSION LINESElectric lines carrying more than 230 kvs. 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.
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.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILYOne or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended 6-22-2006 by Ord. No. 520]
FENCEAny wall, barrier, or structure (not including growing plants, shrubs, trees or buildings) which encloses any part thereof from any other part of such lot or from any adjacent private or public property.
FIRE HAZARDThe classification of a parcel of land in accord with the following:
| Hazard | Vegetation Type |
|---|
| Low | Atlantic white cedar Hardwood swamps |
| Moderate | Nonpine 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 scrub oak and pine-lowland |
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.
FLOODPLAINThe relatively flat area adjoining a water channel which has been or may be hereafter covered by floodwater.
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:
[Amended 12-21-2011 by Ord. No. 592]
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.
GARAGEA building, structure or any portion thereof used for storing, care or repairing motor vehicles.
GARAGE, PRIVATEAn accessory building, or a portion of a principal building, used primarily for the storage of motor vehicles owned or used by the occupant of the principal building.
[Amended 8-12-2020 by Ord. No. 673]
GROUND LEVELThe natural ground upon which a fence or other structure is constructed, excepting however, any increase in such ground levels as may be necessitated by the use of reasonable fill dirt for the purpose of bringing a natural depression or low area to grade with ground abutting or adjacent to such naturally depressed or low area. In no event shall the ground level upon which a fence or other structure is constructed be increased by fill or otherwise in order to avoid the height restrictions of this chapter or to cause a drainage problem on any adjoining property or street.
HABITATThe natural environment of an individual animal or plant, population, or community.
HEIGHTThe vertical distance of a building measured from the lowest grade measured from five feet out from the foundation of a structure to the highest point of the roof. 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, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are an accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and support structures, smokestacks, derricks, conveyors, flag poles and masts, or aerials, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
[Amended 8-14-2013 by Ord. No. 607]
HISTORIC RESOURCEAny site, building, area, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
HOME OCCUPATIONAn activity or enterprise for economic gain, carried out in a residential dwelling or accessory structure thereto, in which an occupant of the residence and no more than one other individual are employed and which is clearly secondary to the use of the dwelling as a residence.
HYDROLOGIC UNIT CODE-11 or HUC-11Means an area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
[Added 4-25-2024 by Ord. No. 710]
HYDROPHYTESAny plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERMEABLE SURFACEAny surface which does not permit fluids to pass through or penetrate its pores or spaces.
IMPERVIOUS COVERAGEThe square footage or other area measurement by which all improvements that create impervious surfaces cover a lot, as measured in a horizontal plane to the limits of the impervious area(s). These areas include but are not limited to parking spaces, lots, roads, and driveways surfaced or constructed with other materials on a compacted base, buildings and structures, walkways, patios, decks, pools, tennis courts; landscape areas lined with weed-inhibiting impervious materials and any other structure or on-site material or ground condition that does not permit the natural absorption of water shall be included in the computation of impervious coverage. In addition, other areas determined by the Planning Board engineer to be impervious within the meaning of this definition shall also be considered as an impervious surface.
[Added 6-23-2010 by Ord. No. 566]
IMPERVIOUS SURFACE[Added 6-23-2010 by Ord. No. 566; amended 12-21-2011 by Ord. No. 592]
A. The square footage or other area measurement by which all improvements that create impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). These areas include but are not limited to parking spaces, lots, roads, and driveways surfaced or constructed with other materials on a compacted base, buildings and structures, walkways, patios, decks, pools, tennis courts, landscape areas lined with weed-inhibiting impervious materials and any other structure or on-site material or ground condition that does not permit the natural absorption of water shall be included in the computation of impervious coverage. In addition, other areas determined by the Planning Board Engineer to be impervious within the meaning of this definition shall also be considered an impervious surface.
B. 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, as amended and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html or at the Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
INTERESTED PERSON OR PARTYAny persons 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 an action or a failure to act under this chapter.
INTERIM RULES AND REGULATIONSThe regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
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; churches; cemeteries; public office buildings; 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 facilities; military facilities; and other similar facilities. For purposes of this chapter, institutional use shall not include medical offices, which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities. This definition was adopted to conform with the Pinelands Comprehensive Management Plan,
[Added 7-26-2001 by Ord. No. 471]
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.
LANDFILLA site where any waste is disposed of by application on or into the land, with or without the use of management practices or soil covering. It does not include a site where land application of waste or waste-derived material occurs in accordance with N.J.A.C. 7:50-6.79.
LANDSCAPINGThe installation of plant material or seed as part of a development.
LIGHT COMMERCIAL VEHICLEAny motor vehicle with commercial registration and a GVWR of 14,000 pounds or under.
[Added 8-14-2013 by Ord. No. 607]
LOADING SPACEAn off-street berth within a structure or in the open, but on the same lot with a building or group of buildings, for the temporary parking of a vehicle while loading or unloading. Such space will have dimensions of not less than 12 feet in width, 35 feet in length and 14 feet in height.
LOCALOf or pertinent to the Borough of Medford Lakes.
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
LOTAny separate parcel of land having boundaries fixed by recorded deed of conveyance or by map or subdivision plan filed in the office of the County Clerk.
LOT DEPTHA mean horizontal distance between the front and rear lot lines, measured at right angles to a chord connecting the intersectional points of the side lot lines and the front lot line.
LOT FRONTAGEThe distance between the side lot lines, measured along the front property line.
LOT LINE, REARA lot line other than another front lot line on another street and which is the farthest lot line from the street. Where there is any question, the Building Inspector shall designate the rear lot line. In general, the rear yard shall be designated as opposite of the street address.
LOT LINE, SIDEAny lot line not a front lot line or a rear lot line, including a lot line of the offset portion of a lot.
LOT WIDTHThe distance between the side lot lines, measured at right angles to its depth at the building line.
LOT, CORNERA lot bounded on two or more sides by a public right-of-way. Yards on both streets shall meet the front yard requirements for that particular zone. The other two yards shall meet the side yard requirements.
MAINTENANCE GUARANTEEAny security, other than cash which may be accepted by the Planning Board or other approving body after the final acceptance of improvements installed by the developer. This includes maintenance bonds, and other similar collateral, or security agreements.
MASTER PLANA composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.
MLULMunicipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
NONCONFORMING LOTA lot of record not having the minimum width, frontage, depth or area for the zone in which it is located.
NONCONFORMING USEA use of building or land that does not presently comply with the regulations of the district in which it is situated but did comply with the regulations at some previous time.
NONCONSUMPTIVE USEMeans 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.
[Added 4-25-2024 by Ord. No. 710]
OFFICIAL MAPA map adopted in accordance with the Official Map and Building Permit (1953) (N.J.S.A. 40:55-1.30) and republished as an interim measure under L. 1975, c. 291; or a map adopted in accordance with L. 1975, c. 291. Such map to be deemed conclusive with respect to the location and width of the streets, and the location and extent of public parks, playgrounds, scenic and historic sites, drainage rights-of-way, and flood control basins shown thereon.
OFF SITELocated 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 subdivision application or contiguous portion of a street right-of-way.
OFF-TRACT IMPROVEMENTSImprovements made outside the original tract to accommodate conditions generated inside the original tract that are transferred off site as the result of the proposed development.
OWNERAny individual, firm, association, syndicate, copartnership, or corporation, trust or other legal entity, having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
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.
PERFORMANCE GUARANTEEAny security which may be in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements, no more than 10% of which may be required in the form of cash.
PERSONAn individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
PERVIOUS SURFACEAny material or system that permits a significant surface water infiltration and natural groundwater recharge including but not limited to:
[Added 6-23-2010 by Ord. No. 566]
A. Stone or gravel material, provided that the material is uniform and of a standard size ranging from 3/8 to 3/4 of an inch. The subbase shall not be compacted or rolled prior to or during construction and shall consist of indigenous soils that are found on the property.
B. Decking consisting of standard construction materials with at least one-eighth-inch spacing between planks or boards constructed over indigenous soils that are found on the property.
C. Landscape rocks, wood chips, mulch, planted vegetation, sod or seeded lawns and/or rippap aprons and other materials used for soil erosion control are not to be included in any of the above surface area computations so long as rainwater is able to infiltrate.
D. Any other engineered system or material, including porous and permeable paving systems that have been developed or designed to be pervious to stormwater, provided that material and/or design and installation is approved by a Borough official designated by the Borough Manager and by the New Jersey Department of Environmental Protection or other appropriate governing entity as a suitable pervious surface.
PINELANDS AREAThe area designated pursuant to Section 10 (a) of the Pinelands Protection Act (N.J.S.A. 13:18A-11).
PINELANDS DEVELOPMENT CREDITA use right allocated to certain lands in the Pinelands 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 this Borough and other Pinelands municipalities.
PINELANDS DEVELOPMENT REVIEW BOARDThe agency responsible from February 8, 1979 until June 28, 1979 for the review of an action on applications for development in the Pineland Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
PLANNING BOARDThe Planning Board of the Borough of Medford Lakes, New Jersey.
PLATOne or more maps of a subdivision or a site plan which shows the location, boundaries and ownerships of individual properties.
PLAT, FINALThe 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 is approved, shall be filed with the proper county recording officer.
PLAT, PRELIMINARYThe map indicating the proposed layout of the subdivision which is submitted to the Secretary for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
PLAT, SKETCHA plan of sufficient accuracy and detail used for the purpose of discussion and classification of a subdivision.
PORCHA roofed open structure projecting from the front, side or rear wall of a building, and having no enclosed features of glass, wood, or other similar material.
PRINCIPAL BUILDINGA building, in which is conducted the main or principal use of the lot on which said building is situated. Commercial and industrial developments and multifamily housing developments may have more than one principal building per lot. Any other form of residential development containing buildings used for residential use may not have more than one principal building per lot.
PROTECTION AREAAll land within the Pinelands Area which is not included in the Preservation Area.
RECOMMENDED MANAGEMENT PRACTICEThe management program which employs the most efficient use of available technology, 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.
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.
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.
RECREATIONAL VEHICLEA. Includes the following:
(1) TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet, and a body length not exceeding 33 feet and its gross weight does not exceed 4,500 pounds.
(2) PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use.
(3) MOTORIZED HOMEA portable dwelling designed to be used for temporary living for travel, recreation and vacation purposes, and constructed as an integral part of a self-propelled vehicle.
(4) RECREATIONAL VANA motor vehicle with a van body type, so modified with sufficient equipment as to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(5) CAMPING TRAILERA type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
(6) TRANSPORTABLE BOATA boat mounted upon a cradle, blocks or a trailer which is towable by a passenger car, station wagon, pickup truck or recreational vehicle as defined in this section, provided that the boat and trailer do not exceed 26 feet in length. No boat and support shall exceed 11 feet in height when stored.
(7) SNOWMOBILE(S)Mounted upon one trailer capable of transporting one or two, such vehicles.
B. Boats, campers, trailers, self-propelled mobile homes, personal water craft (jet skis), and related vehicles.
RIGHT-OF-WAYThe total width and length of the course of property along a street, watercourse, utility alignment or other way and within which all improvements and rights-of-access are confined.
RSISResidential Site Improvement Standards (N.J.A.C. 5:21).
SEASONAL HIGH-WATER TABLEThe level below the natural surface of the ground to which water seasonably rises in the soil in most years.
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 or 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.
SIGHT TRIANGLEThe area on either side of an accessway at its junction with a public street forming a triangle, within which clear visibility of approaching vehicular or pedestrian traffic must be maintained.
[Added 6-23-2010 by Ord. No. 566]
SIGNA. Any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in a position to be seen by the general public from any street or public way.
B. 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 to not include the flag or emblem of any nation, organization of actions, 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.
SIGN, AREA OFThe area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.
SINGLE-FAMILY DETACHED DWELLINGA building physically detached from other buildings which is occupied for residence purposes by one single-family unit and which has its own heating, cooling, sleeping, sanitary, general living facilities, and not more than one kitchen facility.
SITEA parcel or portion, or other division of land which may reasonably be separated from other parcels or portions of land by description, which is used or is intended to be used for a separate use, lease, tenancy or occupancy.
SITE PLANA development plan of one or more lots. See also Article
XI, §
145-90 et seq., of this chapter.
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 12-13-2018 by Ord. No. 657]
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 heretofore approved pursuant to law, or which is approved by official action as provided by the MLUL, 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. (MLUL)
STREET HIERARCHYThe conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high-traffic arterial roads to streets whose function is residential access.
STRUCTURAL ALTERATIONAny change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimension or configurations of the roof or exterior walls.
STRUCTUREA combination of material to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land.
SUBDIVISIONThe 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 these rules, 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 interstate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts, or parcels of land owned by the same person or persons, all of which are found and certified by the administrative officer to conform to the requirements of the municipal development rules, and are shown and designated as separate lots, tracts, or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision." (MLUL)
SUBDIVISION, MINORA subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision, provided that such subdivision does not involve a planned development, any new street, or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. (MLUL)
TREE HOUSEAn enclosed structure or platform built in or around the branches of a tree, or simulating the appearance of being built in or around the branches of a tree, typically used for children's play.
[Added 8-12-2020 by Ord. No. 673]
UTILITY DISTRIBUTION LINESMain lines, conduits or pipes located in a street road, alley or easement through which natural gas, electricity, water, sewage or storm water 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.
VARIANCEPermission to depart from the literal requirements of the Zoning Ordinance, pursuant to N.J.S.A. 40:55D-40b, 40:55D-70c, and 40:55D-70d.
VEGETATIONAny plant material including grasses, shrubs and trees.
WATERSHEDThe area drained by a given stream or river.
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.
[Added 12-21-2011 by Ord. No. 592]
WETLANDS SOILSThose soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United State Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keensbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
YARDAn open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Ordinance.
YARD DEPTHThe shortest distance between a lot line and a yard line.
YARD, FRONTA 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.
YARD, REARA 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.
YARD, REQUIREDThe open space between a lot line and the buildable area within which no structure shall be located except as provided in the Zoning Ordinance.
YARD, SIDEA 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.