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 processing 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 any production of plants or animals useful to man, including but not limited to: forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all 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 greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the Federal government.

Shall mean an establishment the purpose of which is the sale of goods, commodities or services that support active farm operations.

Shall mean an individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.

Shall mean those animals specified in N.J.A.C. 7:50-6.32.

Shall be defined as set out in N.J.A.C. 7:50-2.11.

Shall mean the application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D, or N.J.S.A. 13:18A-1 et seq.

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 propagation, raring and subsequent harvesting of aquatic organisms in a controlled or selected environments, and their subsequent processing, packaging and marketing, including, but not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.

Shall mean any structure or extension thereof or addition thereto, either temporary or permanent, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.

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 an approval of the Planning Board pursuant to N.J.A.C. 7:50-6.156.

Shall mean a certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 and 7:50-4.82 that a complete application for major development has been filed.

Shall mean the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.

Shall mean the plan adopted by the Pinelands Commission pursuant to the Pinelands Protection Act, as amended, and contained in N.J.A.C. 7:50.

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 easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.

Shall mean, for purposes of computing time limits, a calendar day.

Shall mean the average number of housing units per unit of land except that in the Pinelands Area density shall be calculated on the basis of gross acreage including platted rights-of-way within the deeded premises.

Shall mean the 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:

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.

Means the taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other waterbody, 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 any structure or portion thereof which is designed or used for residential purposes.

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 an 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.

Shall mean a municipal advisory body created pursuant to P.L. 1968, c. 245 (C. 40:56A-1 et seq.).

Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

Shall mean one or more persons related by blood, marriage, adoption or guardianship, or any number of persons not so related occupying a dwelling unit and living as a single housekeeping unit.

Shall mean the classification of a parcel of land in accord with the following:

Shall mean the 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.

Shall mean a uniform group of trees of similar species, size, and age.

Shall mean the planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry and, although they may otherwise require an application for development, they shall not require the issuance of a forestry permit:

Shall mean the natural environment of an individual animal or plant, population, or community.

Shall mean the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

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 a building or group of buildings consisting of individual sleeping units designed for transient travelers. Hotels and Motels shall require: i) services to be offered to the general public; ii) temporary lodging rented to the general public on a daily or weekly basis but not for a period to exceed 30 days and not intended to be occupied or used for any primary residential purpose, either temporary or permanent; iii) a front desk area with full time on-site staff maintained to serve guests and the public; iv) maid service offered no less than weekly and other room amenities, including linens and towel service, in a quality manner; v) a manager and/or desk staff meeting the requirements of State lodging laws and swimming pool regulations; vi) a restaurant or cafe with indoor and outdoor dining and wait service for use by guests and the general public; vii) a fitness and business center for use by guests; viii) adequate parking for hotel guests and the public in accordance with parking requirements set forth in the Code of the Township of Upper, which includes any parking required for accessory or incidental uses; ix) advertisement for motel-like services promoting to the general public; and x) collection and payment of sales and use tax, tourism tax and tourism fees on revenue generated.

Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

Shall mean any plant growing in water or in substrata 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 which does not permit fluids to pass through or penetrate its pores or spaces.

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; 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; churches; public office buildings; cemeteries; and other similar facilities. For purposes of this chapter, institutional use shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.

Shall mean any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this State or of the United States has been denied, violated or infringed upon by an action or 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 the surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.

Shall mean a site where any waste is disposed of by application on or into the land, with or without the use of management practices or soil covering. It does not include a site where land application of waste or waste derived material occurs in accordance with N.J.A.C. 7:50-6.79.

Shall mean the installation of plant material or seed as a part of development.

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 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 water capable of being traversed by pleasure craft.

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 ground water 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 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 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 the area designated as such in the Pinelands Protection Act, N.J.S.A. 13:18A-1 to 29 as amended.

Shall mean the 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.

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 a Pinelands plant species whose survival worldwide, nationwide, or in the State is in jeopardy.

Shall mean any development by a public agency.

Shall mean the use of land or buildings by the governing body of the Township or any officially created authority or agency thereof.

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 management program which employs the most efficient use of available technology, natural, human, and economic resources.

Shall mean the largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.

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 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 on the same parcel by the landowner.

Shall mean the level below the natural ground surface to which water seasonally rises in the soil in most years.

Shall mean any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs 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.

Shall mean a sign that is mounted, painted or attached to an awning or other window or door canopy that is otherwise permitted by ordinance.

Shall mean a sign listing the tenants or occupants of a building or group of buildings and that may also indicate their respective professions or business activities.

Shall mean any nonmovable sign not affixed to a building.

Shall mean a freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground. The base of the freestanding sign shall be of permanent materials such as stone, brick, decorative block compatible with the architecture of the principal building.

Shall mean a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign is six feet or more above grade.

Shall mean a pole sign.

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 any 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.

Shall mean a combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land.

Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions with the meaning of this chapter, if no new streets are created:

Shall mean those lands which are inundated with water throughout the year.

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 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.

Shall mean any plant material including grasses, shrubs and trees.

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, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.

Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.3 through 6.5.

Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.4.

Shall mean the meaning ascribed to the word in N.J.A.C. 7:50-6.5.