[Amended by Ord. No. 1997-10; Ord. No. 2003-10; Ord. No. 2004-28; Ord. No. 2006-17; Ord. No. 2007-4]
As used in this chapter, the following words shall have the meaning indicated in this section.
ACCESSORY APARTMENTA dwelling unit either attached to a single-family principal dwelling or located on the same lot and having an independent means of access.
[Added 4-14-2016 by Ord. No. 2016-3]
ACCESSORY BUILDING, ATTACHEDAn accessory building which has at least 50% of one of the structural walls of the accessory building coincident with the principal structure. Connection by way of an enclosed walkway or breezeway shall not be considered attached. Any accessory building attached to a principal building is considered part of the principal building and shall adhere to the yard requirements for the principal building.
[Added 5-8-2008 by Ord. No. 2008-11; amended 4-14-2016 by Ord. No. 2016-3]
ACCESSORY BUILDING OR USE[Amended 4-14-2016 by Ord. No. 2016-3]A. A structure or use which:
(1) Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served;
(2) Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter; and
(3) Is customarily incidental and subordinate to the principal use of the land or building.
B. Accessory buildings or uses shall include detached private garages, farm structures, tool and garden sheds, retaining walls, swimming pools and hot tubs, and other such customary accessory structures and uses;
C. Accessory buildings or uses shall also include buildings or uses which have independent foundations and walls and which are attached to the principal structure or principal use served by a breezeway or other covered walkway which merely serves as a connection or a conduit between the principal structure or use and the accessory structure or use.
ADMINISTRATIVE OFFICERFor Planning Board matters, the Planning Board secretary; for Board of Adjustment matters, the Board of Adjustment secretary; for Township Committee matters, the Clerk; and for zoning permit matters, the Zoning Officer.
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 and other establishments which coincidentally sell agricultural products, nor does it include agricultural processing facilities such as a farm itself, nor facilities which are solely processing facilities.
AGRICULTURAL USEAny production of plants or animals useful to man, including but not limited the: forages or sod crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental and greenhouses products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEMAn individual or community on-site waste 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, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10 Part IV:
APARTMENTA portion of a building consisting of a room or rooms used as a dwelling by a family and set apart as a separate dwelling unit from other dwelling units in or in portions of said building.
APPLICANTA person submitting an application for development.
APPROVAL AGENCYAny board, body or other authority within the Township with authority to approve or disapprove subdivision, site plans, construction permits or other applications for development approval.
APPROVAL, PRELIMINARYThe conferral of certain rights pursuant to Sections 34, 36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; 40:55D-48; and 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
ARTIFICIAL REGENERATIONThe establishment of tree cover through direct or supplemental seeding or planting.
[Added 11-10-2011 by Ord. No. 2011-21]
BALCONYAn exterior floor system projecting from a structure and supported entirely by that structure, with no additional independent supports. Balconies shall be considered part of the principal structure they are attached to.
[Added 6-27-2013 by Ord. No. 2013-13]
BASEMENTA story partly underground and having more than half of its height above the average level of the finished grade at the front of the building and with a floor-to-ceiling height of not less than 6.5 feet.
[Amended 4-14-2016 by Ord. No. 2016-3]
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.
[Added 11-10-2011 by Ord. No. 2011-21]
BOAT YARDAn establishment, the primary function of which is new boat construction, boat repair, and maintenance, or a combination of the two, including the sale of boats.
BROADCAST SCARIFICATIONA silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce aboveground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
[Added 11-10-2011 by Ord. No. 2011-21]
BUILDINGAny structure having a roof supported by columns, piers, or walls including tents, lunch wagons, trailers, dining cars, camp cars, or other structures on wheels, or having other supports and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.
BUILDING AREAThe total area, measured along the exterior perimeter of buildings, on a horizontal plane at ground level of the principal building(s) and all accessory buildings, exclusive of the following:
[Amended 6-27-2013 by Ord. No. 2013-13; 4-14-2016 by Ord. No. 2016-3]
A. Decks having a height of 48 inches or less as measured from the top of the planking to the adjacent grade shall not be included in the building area calculations. The height of handrails or guards shall not be included when calculating deck height.
B. Unroofed porches, stairs, ramps, terraces and patios shall not be included in the building area calculations.
BUILDING HEIGHT[Amended 5-12-2011 by Ord. No. 2011-7; 6-27-2013 by Ord. No. 2013-13; 6-11-2015 by Ord. No. 2015-4]
A. For residential properties which are not located in a flood hazard area (FHA), as defined by N.J.A.C. 7:13, building height shall be the vertical dimension measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs; the average distance between the eaves and ridge level for gable, hip, and gambrel roofs; and to the deck level for mansard roofs. Building height shall be a maximum of 35 feet and 2.5 stories.
B. For residential properties which are located in a flood hazard area (FHA), as defined by N.J.A.C. 7:13, building height shall be the vertical dimension measured from the flood hazard area design flood elevation, as defined by N.J.A.C. 7:13 (Design flood is the BFE required height plus one foot of freeboard), to the highest point of the roof for flat roofs; the average distance between the eaves and ridge level for gable, hip, and gambrel roofs; and to the deck level for mansard roofs. Building height in an FHA shall be a maximum of 32 feet and 2.5 stories.
C. For nonresidential properties, building height shall be the vertical dimension measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs; the average distance between the eaves and ridge level for gable, hip, and gambrel roofs; and to the deck level for mansard roofs. Building height shall be a maximum of 35 feet and 2.5 stories.
[Amended 6-18-2020 by Ord. No. 2020-6]
BUILDING LINEA line parallel to the street right-of-way touching that part of a building closest to the street.
[Amended 4-14-2016 by Ord. No. 2016-3]
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 trailers.
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 baths.
CANNABISAll parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 5-17-2022 by Ord. No. 2022-10]
CANNABIS CULTIVATORAny licensed person or entity that grows, cultivates, or produces cannabis, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 (Cannabis Cultivator) license.
[Added 5-17-2022 by Ord. No. 2022-10]
CANNABIS DELIVERY SERVICEAny licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service which, after presenting the purchase order to the cannabis retailer for fulfillment, are delivered to that consumer. This person or entity shall hold a Class 6 (Cannabis Delivery) license.
[Added 5-17-2022 by Ord. No. 2022-10]
CANNABIS DISTRIBUTORAny licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 (Cannabis Distributor) license.
[Added 5-17-2022 by Ord. No. 2022-10]
CANNABIS MANUFACTURERAny licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 (Cannabis Manufacturer) license.
[Added 5-17-2022 by Ord. No. 2022-10]
CANNABIS RETAILERAny licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 (Cannabis Retailer) license.
[Added 5-17-2022 by Ord. No. 2022-10]
CANNABIS WHOLESALERAny licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 (Cannabis Wholesaler) license.
[Added 5-17-2022 by Ord. No. 2022-10]
CELLARA story partly underground and having less than half of its clear height above the average level of the adjoining ground or with a floor-to-ceiling height of less than 6.5 feet.
[Amended 4-14-2016 by Ord. No. 2016-3]
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.
CERTIFICATE OF OCCUPANCYA certificate issued by the Zoning Officer upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the Board of Adjustment, and all other applicable requirements, have been complied with.
CLEAR-CUTTINGA silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clear-cutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees: however, some trees may be left on the parcel, as defined by the Pinelands Comprehensive Management Plan (CMP), N.J.A.C. 7:50.
[Added 11-10-2011 by Ord. No. 2011-21; amended 4-14-2016 by Ord. No. 2016-3; 10-13-2016 by Ord. No. 2016-10]
CLEAR-CUTTIING, NONFORESTRYThe large-scale, indiscriminate removal of trees, shrubs and undergrowth with the intention of preparing real property for nonagricultural development purposes.
[Added 10-13-2016 by Ord. No. 2016-10]
CLUSTER DEVELOPMENTDevelopment based on an overall density for the entire tract allowing reduced lot sizes so that higher densities result in individual segments of the tract; provided, the gross density of the entire tract permitted by this chapter is not exceeded and open space preservation is an integral part of the design.
COAHThe New Jersey Council on Affordable Housing.
COMMON PROPERTY OR OPEN SPACELand or water, or a combination of land and water, together with improvements, within or related to a development, not individually owned or dedicated for public space, that is designed and intended for the common use or enjoyment of/by the tenants and/or owners of the dwelling units in the development.
[Amended 4-14-2016 by Ord. No. 2016-3]
CONDITIONAL USEA use permitted in a particular 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.
CONDOMINIUM PROJECTA residential development, usually multiple-family or attached townhouse dwellings, in which dwelling units are owned individually, but in which the land or lot which they occupy is held in ownership by the developer or is conveyed as property in common ownership to the owners of individual units. Responsibility for maintenance of grounds and buildings in such projects may be retained by the developer or management agent in return for maintenance fees assessed against dwelling unit owners.
CONSTRUCTIONThe construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
CONTIGUOUS LANDSLand which is connected or adjacent to other land so as to remit 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 function unit.
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.
[Added 11-10-2011 by Ord. No. 2011-21]
DECKAn exterior floor system supported on at least two opposing sides by an adjoining structure and/or post, piers or other independent supports. Deck surfaces shall be generally horizontal and shall consist of planking providing adequate gaps between adjacent planks for stormwater runoff to infiltrate through a deck. Deck height shall be measured as the vertical dimensions form the top of the planking to the adjacent grade along the perimeter of the deck.
[Amended 5-12-2011 by Ord. No. 2011-7; 11-11-2011 by Ord. No. 2011-23; 6-27-2013 by Ord. No. 2013-13]
DENSITYThe permitted number of dwelling units per gross area of land to be developed.
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land proposed to be included in a development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
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. Commencement of resource extraction drilling, or excavation on a parcel of land;
E. Commencement of forestry activities;
F. Demolition of a structure or removal of trees;
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 FEESMoney paid by an individual, person, partnership, association, company or corporation related to the improvement of property as permitted in COAH's rules and as required by this chapter.
DEVELOPMENT, MAJORAs defined in the Pinelands Comprehensive Management Plan and applicable in the Pinelands area, "major development" means any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
DEVELOPMENT, MINORAll forms of development in the Pinelands area other than major development.
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.
[Added 11-10-2011 by Ord. No. 2011-21]
DISTRICT, ZONINGA portion of the territory of Ocean Township within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.
DIVERT or DIVERSIONThe 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 5-21-2024 by Ord. No. 2024-6]
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.
DRAINAGE RIGHT-OF-WAYLands required for the installation of stormwater sewers or drainage ditches or those required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with N.J.S.A. 58:1-1 to 58:1-34.
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.
[Added 11-10-2011 by Ord. No. 2011-21]
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 for living, sleeping, cooking, eating and sanitation by one family.
DWELLING, ATTACHEDOne dwelling unit in a series of three or more attached dwelling units, with each dwelling unit extending from the ground to the roof and having individual outside access.
DWELLING, DETACHEDA building containing one dwelling unit and which is set apart from other buildings.
DWELLING, SEMIDETACHEDA building containing two dwelling units separated from ground to roof by a common wall, with each dwelling located on a separate lot.
[Amended 4-14-2016 by Ord. No. 2016-3]
ELECTRIC TRANSMISSION LINESAny 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.
EQUALIZED ASSESSED VALUE (EAV)The value of a property determined by the municipal tax assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the municipal tax assessor.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILYOne or more persons living together in a dwelling as a single housekeeping unit.
FAMILY, IMMEDIATEAs defined in the Pinelands comprehensive management plan, "immediate family" means those persons related by blood or legal relationship in the following manner: grandparents, grandchildren, parents, sons, daughters, brothers, sisters, aunts, uncles, nieces, nephews, first cousins, husbands and wives, great-grandparents, and great-grandchildren.
FARMOne or more lots which may contain a residence with at least five additional acres used for agricultural purposes.
FINAL APPROVALThe official action of the Planning Board or in some cases by the Board of Adjustment, taken on a preliminarily approved site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
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.
FLOOD HAZARD AREA AND FLOODWAYAs defined and regulated by the New Jersey Department of Environmental Protection (NJDEP) pursuant to the New Jersey Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
[Added 4-14-2016 by Ord. No. 2016-3; amended 10-13-2016 by Ord. No. 2016-10]
FLOODPLAINThe relatively flat area adjoining a water channel which has been or may be hereafter covered by floodwater, as defined by the Pinelands Comprehensive Management Plan (CMP), N.J.A.C. 7:50.
[Added 10-13-2016 by Ord. No. 2016-10]
FLOOR AREA RATIOThe sum of the area of all floors of buildings or structures compared to the total area of the site.
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, clear-cutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
[Amended 11-10-2011 by Ord. No. 2011-21]
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.
FOREST STANDA uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 11-10-2011 by Ord. No. 2011-21]
GARAGE, PRIVATEA structure that is accessory to a single- or two-family dwelling, is used for the parking and storage of vehicles owned and operated by the residents thereof, and is not a separate commercial enterprise available to the general public.
[Amended 4-14-2016 by Ord. No. 2016-3]
GASOLINE FILLING STATIONAny area of land, including structures thereon, that is used for the sale of gasoline or other vehicle fuel oil or lubricating substance and which may include the sale of motor vehicle accessories and facilities for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grade as show on official plans or designs relating thereto.
GROSS ACREAGEThe entire area of a lot, parcel, or tract without deductions for roads or other improvements, but not including natural tidal or nontidal bodies of water, or that portion of the lot, parcel or tract below the mean high-water line. Gross acreage specifically prohibits the inclusion of any mapped wetlands as defined by the Army Corps of Engineers.
GROSS FLOOR AREAThe total enclosed floor area of a structure for residential purposes or for business or commercial activities which, in the case of the latter, includes customer facilities, showcase facilities, and storage and sales facilities. For residential uses, porches and floor area with headroom less than seven feet three inches shall be excluded.
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.
[Added 11-10-2011 by Ord. No. 2011-21]
HABITATThe natural environment of an individual plant or animal, population, or community.
HISTORIC RESOURCEAny building, structure, site, or group of features comprising a district which is designated as important to the history or prehistory, architecture, archaeology, or culture of the nation, state, region, county or local area.
HOME OCCUPATIONA. A retail or service business which is operated in a dwelling, or a building accessory thereto and which:
(1) Is carried on primarily by a member or members of the family residing in the dwelling;
(2) Is clearly incidental and secondary to the use of the dwelling for residential purposes, occupying not more than one-third of the floor area of the dwelling, or equivalent space in an accessory building;
(3) Not more than one person outside the family shall be employed therein;
(4) There shall be no exterior display or storage of materials, unless as otherwise provided for under this chapter.
B. Home occupations are accessory uses of residential properties and may include personal services, such as beauty care and dressmaking, professional services, such as the office of a physician or accountant, and other businesses, including antique sales and refinishing and teaching. No business activity which would constitute a nuisance to adjoining properties by reason of electrical interference, noise, vibration, glare, and excess traffic or which would have the obvious and visible appearance of a commercial enterprise shall be considered as a home occupation under this definition and in the interpretation of this chapter.
C. Home professional office. See "home occupation."
HOMEOWNERS' ASSOCIATIONA nonprofit organization operating under a recorded land agreement through which each lot owner, condominium owner, stockholder under a cooperative development or other owner of property or interests in a development project shall be a member; each dwelling unit is subject to a charge for a proportionate share of the expenses for the activities of the organization and maintenance of common property, including any maintenance costs levied against the association or the municipality; and each owner and tenant has a right to use of common property.
HYDROLOGIC UNIT CODE-11 or HUC-11An area within which water drains to a particular receiving surface water body, also known as a sub watershed, which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
[Added 5-21-2024 by Ord. No. 2024-6]
HYDROPHYTESAny plant growing in water or in substrate that is at least partially deficient in oxygen as a result of excessive water contact.
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.
[Amended 11-10-2011 by Ord. No. 2011-21]
IMPERVIOUS COVERAGEThe ratio of all surfaces covered by impervious materials to the total lot area, expressed as a percentage. "Impervious surface" shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. Impervious surfaces shall include all parking spaces and parking lots regardless of surface material; driveways regardless of the surface material; paver patios, walkways and areas; concrete patios, walkways and areas; tennis courts; and any other material or ground condition that does not permit the natural soil absorption and permeation of water shall be considered impervious. Decks, patios utilizing open cell pavers, walkways constructed of crushed stone or similar materials, and landscaped areas constructed from crushed stone or similar materials shall not be considered impervious so long as they are not constructed above an impermeable liner or material. In addition, pools, both in-ground and aboveground, are specifically excluded from consideration as impervious surfaces. Marinas shall be exempt from this definition.
[Amended 5-12-2011 by Ord. No. 2011-7; 6-27-2013 by Ord. No. 2013-13; 4-14-2016 by Ord. No. 2016-3]
IMPERVIOUS SURFACEAny 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
[Added 11-10-2011 by Ord. No. 2011-21]
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.
[Added 11-10-2011 by Ord. No. 2011-21]
INSTITUTIONAL USEAs defined in the Pinelands comprehensive management plan, "institutional use" means any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries, cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as 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, cemeteries, public office buildings; and other similar facilities.
INTERESTED PARTYThe following:
A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. In the case of a civil proceeding in any court in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, require or enjoy property is or may be affected by any action taken under the Municipal Land Use Law or whose right to use, acquire, or enjoy property under the Municipal Land Use Law or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under the Municipal Land Use Law.
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.
JUNKYARD or SALVAGE YARDAny area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. The storage or other use of not more than three disabled vehicles in conjunction with a public garage shall not be considered a junkyard.
KENNELA business devoted to the boarding, care or breeding of five or more dogs and/or cats.
LAGOONA navigable dredged or natural canal or channel of water connected with or leading to the Barnegat Bay.
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 including an open dump, 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.
LANDSCAPINGThe installation of plant material or seed as a part of development.
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.
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.
LOTA designated parcel, tract, or area of land abutting a street, but not including any portion of the street and established by a plat or is otherwise permitted by law; and to be used, developed, or built upon as a unit. In the case of the transfer program, all the land is made part of the developable property and deed restricted for future use.
LOT AREAThe area contained within the lot lines. In the case of the transfer program, all the area of all lots considered as one for development purposes.
LOT COVERAGEThe percentage of the lot area covered by building area, exclusive of in ground pools.
[Amended 5-12-2011 by Ord. No. 2011-7]
LOT DEPTHThe shortest distance between the front lot line or street line and a line drawn parallel to the front line through the midpoint of the rear lot line.
LOT FRONTAGEThe distance between the side lot lines measured along the street line, which shall not be less than two-thirds of the required lot width.
LOT LINEAny line forming a portion of the exterior boundary of a lot, which shall be the same line as the street line for that portion of a lot abutting a street.
LOT WIDTHThe minimum distance between the side lot lines measured at the required front building setback line.
LOT, CORNERA lot at the junction of two or more intersecting streets where the interior angle of the intersection does not exceed 135°. All corner lots shall have two front yards, one side yard and one rear yard. The side yard shall be considered the lesser of the two yards which are not front yards.
MAINTENANCE GUARANTEEAny security which may be accepted by the Township for the maintenance of any improvement required by this chapter, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of Public Law 1991, c.256.
MARINAA facility for the storing, serving, fueling, berthing, and securing of boats and which may include eating, sleeping, and retail facilities for owners, crews, and guests.
[Amended 4-14-2016 by Ord. No. 2016-3]
MASTER PLANA composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to Section 19 of P.L. 1975, c.291 (N.J.S.A. 40:55D-28).
MEDICAL CANNABISCannabis dispensed to registered qualifying patients pursuant to the Honig Act and N.J.S.A. 18A:40-12.22 et seq. "Medical cannabis" does not include any cannabis or cannabis items which are cultivated, produced, processed and consumed in accordance with the Cannabis Regulatory Enforcement Assistance Marketplace Modernization Act.
[Added 5-17-2022 by Ord. No. 2022-10]
MEDICAL CANNABIS DISPENSARYAn organization that is issued a permit by the Cannabis Regulatory Commission authorizing the organization to purchase or obtain medical cannabis and related supplies from medical cannabis cultivators, purchase or obtained 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 the Honig Act; and possess, display, 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 permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
[Added 8-11-2020 by Ord. No. 2020-11; amended 5-17-2022 by Ord. No. 2022-10]
MIGRANT LABOR CAMPOne or more vehicles, buildings, or structures used as living quarters by seasonal, temporary, or migrant farm workers in connection with any work or place where work is being performed, whether or not rent is paid in connection with the use or occupancy of such premises.
MOBILE HOMEA structure not exceeding 14 feet in width, fabricated as an entire unit elsewhere and transported on its own wheels or by other means to a lot for use as a single-family dwelling, complete and ready for occupancy, whether placed on a permanent foundation or not.
MOBILE HOME PARKAny lot or tract of land on which two or more authorized mobile homes are parked permanently or temporarily, either free of charge or for commercial purposes, including any appurtenant facilities.
MOTEL or HOTELA building containing rooms used, rented, or hired out to be occupied for sleeping purposes by transient guests and where only a general kitchen and dining room are provided within the building or as an accessory building.
MOTHER DAUGHTER UNITAn independent dwelling unit that has been added onto, or created within, a single-family house. The unit has separate kitchen, bathing, and sleeping areas from the single-family home.
[Added 4-14-2016 by Ord. No. 2016-3]
NATURAL REGENERATIONThe establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Added 11-10-2011 by Ord. No. 2011-21]
NONCONFORMING LOTA lot or parcel which does not have the minimum width or contain the minimum area for the district in which it is located or the use to which it is being put.
NONCONFORMING STRUCTURESA building which in its design or location upon a lot does not conform to the regulations of this chapter for the district in which it is located.
NONCONFORMING USEUse of a building or of land that does not conform to the regulations of the district in which it is located.
NONCONSUMPTIVE USEThe 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 5-21-2024 by Ord. No. 2024-6]
OFFICIAL MAPA map adopted by ordinance pursuant to Article 5 of P.L. 1975, c.291.
ONE-HALF (1/2) STORYA space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
[Added 4-14-2016 by Ord. No. 2016-3]
ON-SITELocated on the lot or property which is the subject of an application for development or contiguous plans owned by the applicant or developer, or on contiguous portions of streets or rights-of-way.
OPEN CELL PAVERA type of permeable paving consisting of solid units of concrete, brick or stone that allows water to pass through a central void in each unit. A paver shall be considered "open cell" if the dimensions of the central void are equal to at least 1/2 of the dimensions of the entire unit.
[Added 4-14-2016 by Ord. No. 2016-3]
PARCELAny quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designed by its owner as land to be used as a unit.
PARKING SPACEAn off-street space available for parking of a motor vehicle exclusive of passageways and driveways appurtenant thereto and giving access thereto.
PASSIVE RECREATIONActivities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, board and table games.
[Added 5-8-2008 by Ord. No. 2008-12]
PERFORMANCE GUARANTEEAny security, which may be accepted by the Township, including but not limited to surety bonds, letters of credit under the circumstances specified in Section 16 of P.L. 1991, c.256, and cash.
PERFORMANCE STANDARDSIncludes the following:
A. Quantitative and qualitative regulations adopted by this chapter with respect to noise levels, glare, earthborne or sonic vibrations, heat, radiation, noxious odors, toxic and hazardous substances, smoke and airborne particles, waste discharge, screening or unsightly objects or conditions and such other similar matters as may be necessary to achieve the purposes of this chapter; and
B. Those other standards required by applicable federal or state laws or Township ordinances.
PERMEABILITYThe rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
[Added 11-10-2011 by Ord. No. 2011-21]
PERMITTED USEAny use of land or buildings as specifically permitted by this chapter in each particular zoning district. Permitted uses shall be considered the "dominant use of the subject premises." Any use which is not specifically set forth as a permitted use in any zoning district shall be considered prohibited.
[Amended 3-13-2008 by Ord. No. 2008-04; 5-8-2008 by Ord. No. 2008-13]
PERSON or PARTYAn individual, corporation, public agency, business trust, partnership association, two or more persons having a joint or common interest, or any other legal entity.
PINELANDS AREAThe area designated pursuant to Section 10(a) of the Pinelands Protection Act, including all lands in Ocean Township lying west of the Garden State Parkway.
PINELANDS COMMISSIONThe commission created pursuant to the Pinelands Protection Act, N.J.S.A. 13:18A-1 to 29, as amended.
PINELANDS DEVELOPMENT CREDITA use right allocated to certain lands within the Township and the Pinelands area pursuant to N.J.S.A. 7:50-5:43 that can be used to secure a residential-density bonus on certain other lands within the Township and the Pinelands area.
PINELANDS DEVELOPMENT REVIEW BOARDThe agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on applications for development in the Pinelands area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
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.
PLANNED DEVELOPMENT[Amended 4-14-2016 by Ord. No. 2016-3]A. An area of minimum continuous or noncontiguous size, planned, developed, operated, and maintained as a single entity and containing one or more structures to accommodate retail, service, commercial, industrial, office, and residential uses or a combination of such uses, and appurtenant common areas and accessory uses, customary and incidental to the predominant uses.
B. A planned mixed-use development of at least 10 contiguous acres, planned residential development of at least 10 contiguous acres, residential cluster development, planned commercial development such as a shopping center or professional office complex or planned industrial development such as industrial park, all as may be permitted under this chapter. Planned residential development is permitted up to four dwelling units per acre.
PRESERVATION AREAThat area so designated by Section 10(b) of the Pinelands Protection Act.
PRINCIPAL BUILDING OR USEThe primary purpose for which a building or lot is used or maintained; the building in which is conducted the principal use or the principal use of the lot.
PROTECTION AREAAll portions of the Pinelands area, as defined, which are not included in the preservation area.
PUBLIC PARKA tract of land owned by a branch of government and available to the general public for recreational purposes.
[Added 5-8-2008 by Ord. No. 2008-12]
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.
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 locations 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 VEHICLEIncludes boats, boat trailers, campers, travel trailers, and motor homes, but does not include mobile homes, as defined in this section, which are designed for permanent residential occupancy.
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.
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 nonpoint source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.
[Added 11-10-2011 by Ord. No. 2011-21]
RESTAURANTA restaurant shall be considered an eating establishment, open to the general public where the primary business operation is the preparation and service of food cooked on premises and served to customers in an established seating area. The following shall not be considered a restaurant, a cabaret, nightclub or other entertainment venue wherein the dominant use of the premise is for entertainment purposes.
[Added 3-13-2008 by Ord. No. 2008-04; amended 5-8-2008 by Ord. No. 2008-13]
RESTAURANT, FAST FOODAn eating and refreshment establishment opened to the general public where service is provided primarily across a counter or through a window, regardless of whether interior seating is available; however, the primary purpose of such facility must be the preparation and service of such fast food.
[Amended 3-13-2008 by Ord. No. 2008-04; 5-8-2008 by Ord. No. 2008-13]
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.
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.
[Added 11-10-2011 by Ord. No. 2011-21]
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.
[Added 11-10-2011 by Ord. No. 2011-21]
SETBACKThe minimum distance between a principal building, excluding an overhanging roof of not more than two feet, uncovered porch or steps, and the street and lot lines. All setbacks from public streets shall be measured from the required right-of-way width and shall be considered front setbacks. All setbacks where the applicable yard line fronts, either partially or totally, along tidal waters will be measured from the mean high waterline. Minimum yard requirements established in this chapter shall be the minimum required setbacks.
[Amended 4-14-2016 by Ord. No. 2016-3]
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.
[Added 11-10-2011 by Ord. No. 2011-21]
SHOPPING CENTERA group of commercial establishments, planned, developed and managed as a unit in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space, and utilities and sanitary facilities.
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.
SIGN, OFF-PREMISESA billboard or other sign advertising a product, service or commercial activity, business, or use unrelated to the lot or use thereof on which such sign is located.
SIGN, ON-PREMISESA sign advertising or identifying the use, building, or activity on which such sign is located.
SITE PLANA specific plan for the development of one or more lots on which are shown:
A. The existing and proposed conditions of the lot or lots, including, but not necessarily limited to topography, vegetation, drainage, wetlands and waterways;
B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utilities, landscaping, signs, lighting, fences; and
C. Other information that maybe reasonably required in order to make an informed determination pursuant to §
410-19 by the municipal board having jurisdiction over an application.
SITE PLAN, MAJORA site plan for development which involves any of the following: a planned residential development or townhouse project, nonresidential development which has an off-street parking requirement of more than five spaces; a new public street or streets; and off-site water, sewer, drainage, and/or street improvements.
STORYThat part of a building between the surface of any floor and the next floor above it, or in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story, and if less than two feet below the top plate, it shall be counted as a half story. A basement shall be counted as a story if it averages more than five feet above grade. In a special flood hazard area, the lowest floor or story shall be the floor or story of the lowest enclosed area, but excluding any unfinished flood-resistant enclosure that is usable solely for vehicle parking, building access or limited storage.
[Amended 7-30-2015 by Ord. No. 2015-8]
STREETAny street, avenue, boulevard, road, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Land Use Law, as amended, or a street or way on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of a Planning Board and the grant to such board of the power to receive plats. It shall include the lands 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 street right-of-way forming the dividing line between the street and a lot
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.
STRUCTUREA combination of materials to form a building or other form of construction for occupancy, use, or ornamentation, whether installed on, above, or below the surface of a lot or area of land.
SUBDIVISIONThe division of a parcel of land into two or more lots, tracts, parcels or other divisions of land. The following shall not be considered subdivisions within the meaning of this plan, if no development occurs in conjunction therewith:
A. Divisions of property by testamentary or intestate provisions;
B. Divisions of property upon court order; and
C. Conveyances so as to combine existing lots by deed or other instrument.
SUBSTANTIVE CERTIFICATIONA determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and regulations as set forth in COAH's regulations as referenced herein.
SWIMMING POOL, ABOVEGROUNDA man-made rigid or semi rigid structure, basin or receptacle for water having a depth in excess of 24 inches or more at any point or with a surface area exceeding 250 square feet whose framework is installed primarily above grade. Such structure shall be used for swimming, wading or bathing exclusively by the homeowner or occupant of the land or premises and his/her family and guests.
[Added 4-14-2016 by Ord. No. 2016-3]
SWIMMING POOL, IN-GROUNDA man-made basin or receptacle for water having a depth in excess of 18 inches or more, constructed of concrete, steel, or other approved material and having an impervious finish, smooth-bottom surface and slope to a main drain. An in-ground pool shall be used for swimming, wading or bathing exclusively by the homeowner or occupant of the land or premises and his/her family and guests.
[Added 4-14-2016 by Ord. No. 2016-3]
THINNINGA silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 11-10-2011 by Ord. No. 2011-21]
TRANSFER PROGRAMA method of obtaining sufficient acreage for development subject to Planning Board approval and available in the rural development (RU) and forest area (FO) zones west of the Garden State Parkway. This process is considered a conditional use.
UTILITIES, LOCALFacilities such as wires, lines, cables, or pipes necessary for the furnishing of water, sewer, gas, electric, telephone, cable television or similar services, located in public streets or in easements on private property to individual lots, uses, and buildings.
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.
UTILITY INSTALLATIONS, MAJORFacilities such as water and sewage treatment plants, water tanks and towers, gas transmission pipelines, high voltage electrical transmission lines, microwave towers, maintenance yards for utility companies, switching and transformer stations, and including all facilities requiring separate rights-of-way and/or aboveground or visible structures.
VARIANCEPermission to construct, alter, or use a particular building, structure or tract of land in a way which is not in conformance with a provision or provisions of this chapter as a form of relief from its literal interpretation.
VEGETATIONAny plant material including grasses, shrubs, and trees.
VEHICLE CAMPGROUNDA site upon which provisions are made to accommodate more than one recreational vehicle for short-term occupancy, either free of charge or for a fee, including any appurtenant facilities.
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 Service of the United States Department of Agriculture and further defined in N.J.A.C. 7:50-6.3 and 6.5.
WETLANDS, COASTALIncludes those lands which are delineated by the New Jersey Department of Environmental Protection on official maps at a scale of 1:2,400 listed in N.J.A.C. 7:50-6.4.
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 11-10-2011 by Ord. No. 2011-21]
WETLAND SOILThose soils designated as very poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not being limited to Atsion, Bay Boro, Berryland, Coleman Town, Elkton, Keansbury, Leon, Muck, Othello, Pocomocke, St Johns, Freshwater Marsh and Title Marsh soil types.
YARD, FRONTThat portion of a lot as measured by the shortest horizontal distance between the front property line and front setback line of a principal building or structure. Any portion of a lot abutting a public street shall be considered a front yard.
[Amended 4-14-2016 by Ord. No. 2016-3]
YARD, REARThat portion of a lot as measured by the shortest horizontal distance between the rear property line and rear setback line of a principal building or structure.
YARD, SIDEThat portion of a lot as measured by the shortest horizontal distance between the side property line and side setback line of the principal building or structure.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the district in which it is located.