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Rockaway Township City Zoning Code

§ 54-32.4

Definitions.

[Ord. No. O-13-22, § 4]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
AGRICULTURAL IMPERVIOUS COVER
Agricultural or horticultural buildings, structures or facilities with or without flooring, residential buildings and paved areas, but not meaning temporary coverings.
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
Construction for the purposes of supporting common farm site activities, including, but not limited to, the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
AGRICULTURAL OR HORTICULTURAL USE
The use of land for common farm site activities, including, but not limited to, the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
DISTURBANCE
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
DISTURBANCE, ULTIMATE
The total existing or proposed area of disturbance of a lot, parcel, or other legally designated (or otherwise legally recognized) tract or subdivision of land, for the purpose of, and in connection with, any human activity, property improvement, or development, including the surface area of all buildings and structures, all impervious surfaces, and all associated land disturbances such as excavated, filled, and graded areas, and all lawn and landscape areas. Ultimate disturbance shall not include areas of prior land disturbance which at the time of evaluation: a) contain no known man-made structures (whether above or below the surface of the ground) other than such features as old stone rows or farm field fencing; and b) consist of exposed rock outcroppings, or areas which, through exposure to natural processes (such as weathering, erosion, siltation, deposition, fire, flood, growth of trees or other vegetation) are no longer impervious or visually obvious, or ecologically restored areas which will henceforth be preserved as natural areas under conservation restrictions.
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
HIGHLANDS ACT
The Highlands Water Protection and Planning Act, P.L. 2004, c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
The determination made by the NJDEP of whether a project proposed for the Preservation Area is a major Highlands development, whether any such major Highlands development is exempt from the Highlands Act, and whether the project is consistent with the applicable area-wide water quality management plan.
HIGHLANDS AREA
That portion of the municipality for which the land use planning and regulations are in conformance with, or are intended or proposed to be in conformance with, the Highlands Regional Master Plan.
HIGHLANDS COUNCIL
The New Jersey Highlands Water Protection and Planning Council.
HIGHLANDS REGION
All that area within the boundaries of the municipalities listed in Subsection a of Section 7 of the Highlands Act.
IMPERVIOUS SURFACE
Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, including, but not limited to, porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
IMPERVIOUS SURFACES, CUMULATIVE
The total area of all existing or proposed impervious surfaces situated or proposed to be situated within the boundary lines of a lot, parcel, or other legally recognized subdivision of land, expressed either as a measure of land area such as acreage or square feet, or as a percentage of the total lot or parcel area.
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
Land uses and activities determined by the Highlands Council to pose a major risk of groundwater contamination (see Appendix A[1]).
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
Land uses and activities determined by the Highlands Council to pose a minor risk of groundwater contamination (see Appendix B[2]).
MUNICIPAL LAND USE LAW (MLUL)
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
NJDEP
New Jersey Department of Environmental Protection.
NJDEP PRESERVATION AREA RULES
The regulations established by the NJDEP to implement requirements of the Highlands Act, titled "Highlands Water Protection and Planning Act Rules," and codified at N.J.A.C. 7:38-1.1 et seq.
PLAN CONFORMANCE
The process by which a municipality revises the Master Plan, development regulations and other regulations related to the development and use of land to conform them with the goals, requirements, and provisions of the Regional Master Plan in accordance with the Highlands Plan Conformance Guidelines.
PLANNING AREA
Lands within the Highlands Region not within the Preservation Area (N.J.S.A. 13:20-7).
PRESERVATION AREA
That portion of the Highlands Region so designated by Subsection b of Section 7 of the Highlands Act.
PUBLIC COMMUNITY WELL
A well that provides water to a public water system serving at least 15 service connections used by year-round residents or regularly serving at least 25 year-round residents.
PUBLIC NONCOMMUNITY WELL
A well that is not a public community well and that provides water to a public water system regularly serving at least 25 individuals for at least 60 days in any given calendar year.
REGIONAL MASTER PLAN (RMP)
The Highlands Regional Master Plan or any revision thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
SOLAR PANEL
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array (as defined by the Highlands Act, N.J.S.A. 13:20-1 et seq., as amended).
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above, or below the surface of a parcel of land.