Tabernacle Township
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 17-1 SHORT TITLE.
[Ord. #1985-7, A I]
A short form by which this Ordinance (sometimes referred to as "Chapter") may be known shall be "The Zoning Ordinance of the Township of Tabernacle, Burlington County, New Jersey."
§ 17-2 PURPOSE.
[Ord. #1985-7, A II]
The purpose of this Chapter shall be to establish a pattern for the use of land and buildings as required to bring this ordinance into conformance with the Pinelands Protection Act and Comprehensive Management Plan adopted thereunder for the purpose of obtaining certification of the municipal plan of the Township of Tabernacle, while at the same time accomplishing those purposes outlined by the Municipal Land Use Act (N.J.S. 40:55D-2 et seq.) by establishing a pattern for the use of land and buildings based upon the Master Plan and enacted in order to promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people. This Chapter is intended to regulate the use of land within zoning districts, secure safety from fire, panic, and other dangers, provide adequate light and air, promote orderly development, avoid undue concentration of population, prevent the overcrowding of land or buildings, establish standards of development, limit congestion in the streets, prohibit incompatible uses, regulate the alteration of existing buildings, protect against hazards, conserve the taxable value of land, preserve open space, historic and natural features, permit the development of land in accordance with the purposes of the planned unit development ordinance and encourage the inclusion of aesthetics, amenities of living, and a balance of public services.
§ 17-3.1 Minimum Requirements.
[Ord. #1985-7, A III]
The provisions of this Chapter shall be held to be the minimum requirements. Where this Chapter imposes a greater restriction than other provisions of law, the provisions of this chapter shall control. Where other provisions of law require greater restrictions than this Chapter, the provisions of such other laws shall control. This is particularly true with respect to the regulations set forth for the New Jersey Pinelands, in the Comprehensive Management Plan adopted under the Pinelands Protection Act.
§ 17-4.1 Areas.
[Ord. #1985-7, A IV; Ord. #1999-1, § II]
For the purpose of this Chapter, the Township of Tabernacle is hereby divided into the following zone areas as they are set forth in the New Jersey Pinelands Comprehensive Management Plan. Within several of the zone areas are zone districts. The following areas and zone districts are hereby known as:
Preservation Area |
Special Agricultural Area |
Infill District |
Forest Area |
Agricultural Production Area |
Rural Development Area |
Rural Development District Number 1 |
Rural Development District Number 2 |
Regional Growth Area |
Residential District |
Residential - Regional High School District |
Mobile Home District |
Shopping Center Commercial District |
Commercial District |
Industrial District |
Pinelands Village |
§ 17-4.2 Zoning Map.
[Ord. #1985-7, A IV; Ord. #1999-1, § II]
The Zoning Map, revised March 15, 1999, is hereby approved as revised to show the zone districts and areas as the same have been altered from that which existed prior to this revision and together with the Schedule of Limitations set forth in Article XVI of this Chapter are hereby made a part of this Chapter and adopted by reference and the boundaries of each area and district are hereby established as shown on said revised Zoning Map and only such uses of land shall be therein permitted as are specifically allowed by this Chapter in such area and district. All other uses are prohibited.
a.
Zoning Map Amendments.
1.
The Township Committee of the Township of Tabernacle hereby changes the zoning district classifications of those lots specified in the following table and amends the Township Official Zoning Map accordingly.
[Added 12-6-2021 by Ord. No. 2021-10]
Property | Existing Zoning Classification | Amended Zoning Classification | |
|---|---|---|---|
Block | Lot | ||
1401 | 1 | Infill Commercial District | Infill Residential District |
1401 | 2 | Infill Commercial District | Infill Residential District |
1401 | 3 | Infill Commercial District | Preservation Area District |
1401 | 4 | Infill Commercial District | Infill Residential District |
1401 | 5 | Infill Commercial District | Infill Residential District |
1401 | 6.01 | Infill Commercial District | Infill Residential District |
1401 | 6.02 | Infill Commercial District | Infill Residential District |
1401 | 6.03 | Infill Commercial District | Infill Residential District |
1401 | 6.04 | Infill Commercial District | Infill Residential District |
1401 | 7 | Infill Commercial District | Infill Residential District |
§ 17-4.3 District Boundaries.
[Ord. #1985-7, A IV]
Zoning and planned unit development district boundary lines are intended to follow street centerlines, streams and lot or property lines unless otherwise indicated by dimensions on the zoning and planned unit development maps. Any dimensions shown shall be in feet, measured horizontally and measured from the street right-of-way lines even if the centerline of that street serves as a district line. The location of any disputed zoning district line shall be determined by the Board of Adjustment and any disputed planned unit development district line by the Planning Board. District lines extend vertically in both directions from ground level. Where a street or public way serves as the zoning district and it is lawfully vacated, the former centerline shall be considered the zoning district line.
§ 17-4.4 Prohibited Uses.
[Ord. #1985-7, S IV; amended 7-26-2021 by Ord. No. 2021-03]
a.
All uses not expressly permitted in this Chapter shall be prohibited.
b.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P. L. 2021, c. 16, are prohibited in the Township.
[Added 7-26-2021 by Ord. No. 2021-03]
1.
Pursuant to section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Township of Tabernacle. This prohibition shall also apply in those parts of the Township of Tabernacle under the jurisdiction and authority of the State of New Jersey Pinelands Commission, New Jersey State Department of Environmental Protection, and/ or any other independent state agency, commission or authority, notwithstanding any State law to the contrary.
§ 17-4.5 Compliance.
[Ord. #1985-7, A IV]
All requirements shall be met at the time of any erection, enlargement, moving or change in use.
§ 17-5.1 Definitions.
[Ord. #1985-7, A V; Ord. #1989-3, § 2; Ord. #1991-3, § 2; Ord. #1993-2, § 2; Ord. #1997-11, § 1; Ord. #1997-9, § 4; Ord. #2001-4, § 3; Ord. #2003-6, § 1; Ord. #2012-4, § 2; amended Ord. No. 2018-5, § 5; 9-23-2024 by Ord. No. 2024-8]
For the purpose of this Chapter, certain phrases and words are herein defined as follows: "Lot" includes plot, premises and tract. Any word or term not defined herein shall be used with a meaning of standard usage.
Shall mean a subordinate use, clearly incidental and related to the principal structure, building or use of the land, and located on the same lot as that of the principal structure, building or use.
Shall mean a 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 production facilities such as a farm itself, nor facilities which are solely processing facilities.
Shall mean residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
Shall mean a facility designed, constructed, and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading, and packaging of those products.
Shall mean the growing and harvesting of crops or the raising and breeding of livestock with accessory buildings incidental to agricultural uses.
Shall mean any 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.
Shall mean an individual or community on site waste water treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.
Shall mean those animals listed for protection under N.J.S.A. 6:50-6.23.
Shall mean any 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 Section 17-72.
Shall mean any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
Shall mean the establishment of tree cover through direct or supplemental seeding or planting.
Shall mean a 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.
Shall mean a 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.
Shall mean any structure having a roof supported by such things as columns, posts, piers or walls.
Shall mean 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 not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
Shall mean the vertical distance measured to the highest point of the building or structure from the average elevation of the finished grade five (5') feet from the foundation. No building or structure not within the Regional Growth Area, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed thirty-five (35') feet in height with the exception of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of two hundred (200') feet and which are 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 supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
Shall mean the New Jersey Pinelands Comprehensive Management Plan.
Shall mean a 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.
Shall mean a 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.
Shall mean the approval issued by the Pinelands Commission which is prerequisite to the commencement of any development by the municipality or other public agency (see Article 4, Part 4 of the C.M.P.).
Shall mean a 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.
Shall mean a silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clearcutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.
Shall mean the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
Shall mean land 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 easement 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.
Shall mean a 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.
Shall mean the average number of housing units per unit of land.
Shall mean the 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 change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
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;
Commencement of resource extraction, drilling, or excavation on a parcel of land;
Commencement of forestry activities;
Demolition of a structure or removal of trees;
Deposit of refuse, solid or liquid waste or fill on a parcel of land;
In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
Alteration, either physically or chemically, of a shore, bank or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
Shall mean any 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 do not otherwise include issuance of a construction permit, subdivision or site plan approval.
Shall mean 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.
Shall mean all development other than major development.
Shall mean a 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
Means 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.
Shall mean the removal of surface water or ground water from land by drains, grading or other means including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
Shall mean the land required for the installation and maintenance of storm water facilities in accordance with Chapter One of Title 58 of the Revised Statutes, as amended.
Shall mean a 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, and 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.
Shall mean a single-family, semi-detached dwelling unit having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.
Shall mean a building detached from other buildings for residence purposes by one family and which has its own cooking, sleeping, sanitary and general living facilities.
Shall mean a building containing more than two dwelling units.
Shall mean one or more rooms containing living, cooking, sleeping and sanitary facilities for one family.
Shall mean all electric lines other than electric transmission lines.
Shall mean 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.
Shall mean persons living and cooking together as a single housekeeping unit whether or not related by blood, adoption or marriage shall be deemed to constitute family.
Shall mean one or more adjoining lots with at least five acres used for agricultural purposes.
Shall mean the changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect or enhance the ecological integrity of those populations.
Shall mean the total floor area in a structure measured by using the outside dimension of the building at each story. The gross floor area of units sharing a common wall shall be measured from the center of interior walls and the outside exterior walls. In residential uses, the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility area, heating and cooling rooms, and all portions of floor areas which have a ceiling height above them of less than seven and one-half (7 1/2') feet. In nonresidential structures, the gross floor area shall exclude areas used for utility and heating and cooling and other mechanical equipment but shall include all other areas including cellar and warehousing and storage areas, regardless of ceiling height.
Shall mean a uniform group of trees of similar species, composition, size, age and similar forest structure.
Shall mean the 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:
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel as otherwise authorized by this Chapter;
Removal of trees necessary for the maintenance of utility or public rights-of-way;
Removal or planting of trees for the personal use of the parcel owner; and
Removal of trees for public safety.
Shall mean an accessory building or portion of the main building for the parking of the vehicles of the occupants of the lot.
Shall mean a 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.
Shall mean the natural environment of an individual animal or plant, population or community.
Shall mean any site, building area, district, structure, or object important in American History or prehistory, architecture, archaeology and culture at the National, State, County, local or regional level.
Shall mean an occupation being conducted wholly or in part from a residence or its residential lot as an accessory use. Such occupations shall be conducted solely by the resident occupants of the residential building except that no more than one person not a resident of the building may be employed and provided also that no more than 900 square feet or the equivalent of the first floor area of the building, whichever is smaller, shall be used for such purposes. No display of products shall be visible from the street; the residential character of the building shall not be changed; no sign shall be displayed exceeding a maximum of two square feet; no occupational sounds shall be audible outside the buildings; no article shall be offered for sale from the premises nor shall any article be displayed outside; no machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences; and the use shall not reduce the parking or yard requirements of the principal residential use.
Means an area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by an 11-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
Shall mean any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
Shall mean those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.
Shall mean any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability.
Shall mean a 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.
Shall mean a tract comprehensively planned for industrial uses whether or not the buildings are erected in one development stage or over a period of time.
Shall mean 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; 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; other similar facilities. For purposes of this ordinance, 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.
Shall mean any 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 of the United States has been denied, violated or infringed upon by an action or a failure to act under this Chapter.
Shall mean the 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.
Shall mean any area of land, with or without buildings, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale, or other use of disposition thereof of any material whatsoever.
Shall mean and include the surface and the subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.
Shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having legal title to the land. The holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land, may file an application as the landowner for the purposes of this Chapter.
Shall mean an 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.
Shall mean an 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.
Shall mean the area contained within the lot lines.
Shall mean the area contained within the lot lines.
Shall mean a lot at the junction of two or more intersecting streets where the interior angle of the intersection does not exceed one hundred thirty-five (135°) degrees.
Shall mean the shortest distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.
Shall mean the distance between the side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments, with an outside radius of less than five hundred (500') feet, the minimum distance between the side lot lines measured at the street lines shall not be less than 75% of the required minimum lot frontage. In the case of a corner lot, both frontage and setback are governed by the provision dealing with corner lots under Article II, General District Regulations of this Chapter.
Shall mean a lot other than a corner lot.
Shall mean any 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.
Shall mean the horizontal distance between side lot lines measured at setback points on each side lot line an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line.
Shall mean a dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.
Shall mean the establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
Shall mean a building or structure whose location upon a lot or size does not conform to the regulations of this Chapter.
Shall mean a lot of record not having the minimum width, frontage, depth or area for the zone in which it is located.
Shall mean a use occupying a building, structure or lot which does not conform to the use regulations of this Chapter.
Means 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.
Shall mean a sign, other than a sign which advertises an agricultural commercial establishment, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
Shall mean improvements made outside the original tract to accommodate conditions generated inside the original tract that are transferred offsite as the result of the proposed development.
Shall mean any individual, firm, association, syndicate, copartnership, trust or any other legal entity having legal title to the land.
Shall mean any 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.
Shall mean an area either within a structure or in the open for the parking of motor vehicles. The area of a parking space is intended to be of sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other and shall be as required by the provisions of this Chapter, regardless of the angle of the parking space to the access aisle or driveway.
Shall mean any security which may be accepted by the Township Committee to guarantee the completion of the required improvements before approval of the proposed development including performance bonds with responsible surety authorized to do business in the State of New Jersey, or escrow agreements secured by cash or certified check.
Shall mean the rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
Shall mean any use of land or buildings as permitted by this Chapter.
Shall mean an individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
Shall mean that area designated as part of the Pinelands Area by Section 10 (a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) which includes all of Tabernacle Township.
Shall mean a use right allocated to certain lands within the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in the Township of Tabernacle and other Pinelands municipalities.
Shall mean the agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on application 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.
See N.J.A.C. 7:50-6.43.
Shall mean N.J.S.A. 13:18A-1 to 29.
Shall mean any 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.
Shall mean an area of a minimum contiguous size of at least 30 acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate those other uses set forth in the same ordinance section as the principal permitted uses for this zoning district, and any residential use together with their accessory structures, incidental to the predominant use as may be permitted by the ordinance. Residential uses on the site shall follow the bulk and area requirements of the Regional Growth Area. Each residential dwelling unit must be developed using Pinelands Development Credits. Density of one dwelling unit per acre is allowed if the residences are served by an alternative or innovative on-site waste water system or a public or private sewerage treatment facility.
The predominant commercial use for tracts between 30 to 50 acres in size shall be at least 50%. For tracts more than 50 acres in size, the commercial development must be at least 35%. The commercial use shall be constructed as the first phase of the planned development. Building permits for subsequent phases of development shall not be issued until a Certificate of Occupancy has been issued for the first phase of the development.
Shall mean a Pinelands plant species whose survival worldwide, nationwide, or in the State is in jeopardy.
Shall mean that area so designated by Section 10 (b) of the Pinelands Protection Act.
Shall mean the main purpose for which any lot and/or building is used.
Shall mean an institution of education whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education.
Shall mean the office of a licensed physician, dentist, veterinarian, psychologist, lawyer, engineer, accountant, architect, or land surveyor, and no others.
Shall mean all land within the Pinelands Area which is not included in the Preservation Area.
Shall mean development, including subdivision, by any Township or other governmental agency.
Shall mean the use of land by the Township Committee, School Board, or some officially created municipal agency or authority.
Shall mean sewer 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.
Shall mean the largest tree of a particular species in New Jersey based on its circumference at four and one-half (4.5') feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
Shall mean any 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.
Shall mean a 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.
Shall mean boats, campers, trailers, self-propelled mobile homes, related vehicles.
Shall mean the 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.
Shall mean a plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.
Shall mean the 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.
Shall mean a 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.
Shall mean the means by which refuse is deposited, compacted and covered with clean fill and meeting all the requirements of the New Jersey Department of Environmental Protection and the municipality.
Shall mean the level below the natural surface of the ground to which water seasonally rises in the soil in most years.
Shall mean a 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.
Shall mean lands and buildings where motor fuel, lubricants, and miscellaneous accessories for motor vehicles are sold and dispensed and where services may be rendered for engine and mechanical repairs, but where no vehicular painting and/or body work is done and where no junked or unregistered motor vehicles are so kept or stored.
Shall mean a line drawn parallel to a street line or lot line and drawn through the point of the building nearest to the street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks.
Shall mean a 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.
Shall mean a grant to the County or Township sufficient to fulfill the intent and purpose of the easement as provided for in the site plan review section of this Chapter.
Shall mean 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.
Shall mean a facility through which storm water is directed and which is designed to collect silt and eroded soil.
Shall mean the examination of specific development plans for a lot. Wherever the term "site plan approval" is used in this Chapter, it shall be understood to mean review and approval by the Planning Board.
Shall mean a 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.
Shall mean that portion of a building comprised between a floor and the floor next above it. A half story is between a floor and the roof with a height of not less than seven and one-half (7 1/2') feet of clear space above at least 1/3 of the floor area.
Shall mean any street, avenue, boulevard, road, lane, 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 Act, R.S. 40:55D-1.1 et seq., 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, sidewalks, parking classifications and other areas within the street lines. Street classifications shall be those set forth in the adopted Master Plan.
Shall mean the edge of the street right-of-way forming the dividing line between the street and a lot.
Shall mean any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions of configurations of the roof or exterior walls.
Shall mean anything constructed, assembled, or erected with a fixed location above, on or below the ground or attachment to something having such fixed location.
Shall mean the same as "building height."
Shall mean the 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 Chapter, if no development occurs or is proposed in connection therewith:
Shall mean the facilities constructed above or below ground having a depth of more than two (2') feet or a water surface of 100 square feet or more and designed and maintained for swimming purposes. Swimming pools shall include all buildings, structures, equipment, aprons, appurtenances, all of which shall be considered part of the total improvement constructed on the site.
Shall mean a swimming pool located as an accessory use to a residence for use by members of the residence and guests.
Shall mean a silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
Shall mean services provided to a use including, but not limited to sewage treatment, water supply, gas, electric and telephone.
Shall mean lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, 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.
Shall mean those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
Shall mean those 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 are further defined in N.J.A.C. 7:50-6.3 through 6.5.
Shall mean the 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.
Shall mean an open space extending between the closest point of any building and a lot line or street line. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line, or building facade or perpendicular to the point of tangent of curved lines and facades. The front yard shall be the area extending across the full width of a lot line between the street line and the building. The rear yard is the open space extending across the full width of the lot between the rear lot line and the building. The side yard is an open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of a building.
§ 17-5.2 General Word Usage.
[Ord. #1985-7, A V; Ord. #1989-3, § 2]
Any word or term not defined above but defined in Sections 40:55D-3 to 40:55D-7 of the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey of 1975, shall be defined as the same is defined in those sections. Any word or term not defined above which is defined in N.J.A.C. 7:50-2.11, as heretofore or hereafter amended, shall be defined as set forth in said Plan. In the case of conflict with the municipal ordinance, the definitions contained in the Comprehensive Management Plan shall prevail.