Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter:
ABANDONMENTConstitutes the discontinuance of a nonconforming use of land or structures.
ACCESSORY USE, STRUCTURE OR BUILDINGA use, structure or building which is subordinate to and serves a principal building or a principal use; is subordinate in area, extent and purpose to the principal structure or principal building or use served; contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of the CMP and this chapter. In the case of an accessory structure or building, it shall be detached from the principal building.
ADMINISTRATIVE REVIEW COMMITTEEMunicipal Engineer, Construction Official, Zoning Official, Public Works Manager, Public Safety Officer, and, in the case of subdivisions, Tax Assessor.
ADVERSE EFFECTSConditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on surrounding properties, including, but not limited to, inadequate drainage facilities, inadequate public utilities, unsuitable street grades, street locations that fail to compose a convenient system, and failure to provide or make future allowance for access to the interior portion of adjoining lots or for other facilities required herein.
AGRICULTURAL ANIMALSHorses, cattle, sheep, goats, chickens, turkeys, geese, ducks, swine and other animals, which may or may not be pets, housed in a barn, coop, pen, or other suitable shelter for such animals.
[Amended 9-12-2018 by Ord. No. 2018-23]
AGRICULTURAL COMMERCIAL ESTABLISHMENTSA 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 an agricultural/horticultural use; however, it does not include supermarkets, convenience stores, restaurants and other establishments that coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities that are solely processing facilities.
AGRICULTURAL EMPLOYEE HOUSINGResidential 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.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USEA. PRINCIPAL USESAny production of plants or animals useful to man, including, but not limited to: forage or sod crops; grains and feed crops; dairy animals and dairy productions; 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 payment or other compensation pursuant to a soil conservation program under an agency of the federal government.
B. ACCESSORY USESAny structure, excluding residential dwellings, used for storing agricultural equipment or farm produce, housing livestock or poultry or processing dairy products.
AGRICULTURAL PRODUCTS PROCESSING FACILITYA 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.
[Added 5-22-2024 by Ord. No. 2024-7]
ALTERATIONS or ADDITIONS (STRUCTURAL)Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configuration of the roof or exterior walls.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEMAn 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.
[Amended 6-13-2018 by Ord. No. 2018-13]
ALTERNATIVE TREATMENT CENTERAn organization issued a permit pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis dispensary permit, as set forth by N.J.S.A. 24:6I-33.
[Added 10-13-2021 by Ord. No. 2021-17; amended 5-22-2024 by Ord. No. 2024-7]
AMENDMENTA means for making changes to this chapter as expressly authorized by law or any change to the Master Plan.
ANCILLARYA structure or use which:
A. Is located on the same parcel but is not necessarily related to a principal structure or use; and
B. Is subordinate in area, extent and purpose to the principal structure or principal building.
APPLICATION FOR DEVELOPMENTAny application filed with any permitting agency for any approval, authorization or permit that is prerequisite to initiating development in the Pinelands Area, except as provided in §
176-14A APPROVING AUTHORITY OR AGENCYApproval board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits, zoning permits, or other applications for development approval.
APPROVAL, FINALThe official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans, and other requirements have been completed or fulfilled and the required improvements have been installed, or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
APPROVAL, PRELIMINARYThe conferral of certain rights pursuant to 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 9-12-2012 by Ord. No. 2012-15]
AUTO BODY REPAIR SHOPAny parcel of land with a building used for the purposes of automobile body and chassis repair, restoration, and painting.
AUTOMOTIVE REPAIR CENTERAny parcel of land with a building used for major automobile repair. Such work includes but is not limited to engine, transmission, brake, and exhaust system repair. Automotive repair centers do not include automotive body and painting services.
AUTOMOTIVE SERVICE STATIONAny building, land area, or other premises, or portion thereof, used or intended to be used for the retail sale of vehicular fuels and automotive accessories, and providing, as an accessory use, minor automotive services such as oil change, lubrication, tune-up, and tire and battery sales and installation.
BARNA building used for housing, storage or preparation for marketing of plants or animals, provided that a barn is permitted only where the use of the plants or animals to be housed, stored or prepared for marketing is an otherwise permitted use according to the provisions of this chapter.
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 9-12-2012 by Ord. No. 2012-15]
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 9-12-2012 by Ord. No. 2012-15]
BUFFERAn area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof and used for sheltering or protection of persons, animals, chattel, or property of any kind.
BUILDING HEIGHTThe 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. Structures other than buildings, such as antennae, are measured similarly from the ground, but extend to the highest point of the structure.
BUILDING, PRINCIPALA structure in which is conducted the principal use of the site on which it is situated. In a residential district any dwelling shall be the principal building of the lot on which it is located.
CAMPER/TRAILERA portable structure, which is self-propelled or mounted on or towed by a noncommercial vehicle, and which is designated and used as shelter for travel, recreation, vacation or other short-term uses.
CAMPSITEA place used or suitable for camping on which a temporary shelter such as a tent or camper/trailer may be placed and occupied on a temporary and seasonal basis.
CANNABISThis term shall have the meaning as set forth in N.J.S.A. 24:6I-33.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS CONSUMPTION AREAA designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, subject to the limitations set forth under Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21), at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
[Added 10-13-2021 by Ord. No. 2021-17; amended 5-22-2024 by Ord. No. 2024-7]
CANNABIS CULTIVATORA person or entity holding a Class 1 cannabis cultivator license pursuant to N.J.S.A. 24: 6I-31 et seq. and any regulations duly adopted by the Cannabis Regulatory Commission. Class 1 licensee's primary business is the growth, cultivation, or production of cannabis, including the sale and transport of such cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers or cannabis retailers, but not to consumers.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS DELIVERY SERVICEA person or entity holding a Class 6 cannabis delivery license, pursuant to N.J.S.A. 24:6I-31 et seq. and regulations duly adopted by the Cannabis Regulatory Commission. Class 6 licensees' primary business is the provision of 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, is delivered to that consumer.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS DISTRIBUTION FACILITYA facility or other place of business operated by a cannabis distributor or cannabis delivery service in providing services as a Class 4 or Class 6 licensee pursuant to license under N.J.S.A. 24:6I-31 et seq. and any regulations adopted by the Cannabis Regulatory Commission, where such person or entity lawfully engages in the bulk distribution or consumer delivery of cannabis, usable cannabis or cannabis products.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS DISTRIBUTORA person or entity holding a Class 4 cannabis distributor license pursuant to N.J.S.A. 24:6I-31 et seq. and any regulations duly adopted by the Cannabis Regulatory Commission. Class 4 licensees' primary business is the transportation of cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator or transporting cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment. Class 4 cannabis distributors may also engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS ESTABLISHMENTA business constituting a cannabis cultivator, cannabis manufacturer, cannabis wholesaler or a cannabis retailer pursuant to N.J.S.A. 24:6I-31 et. seq. and any regulations duly adopted by the Cannabis Regulatory Commission.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS MANUFACTURERA person or entity holding a Class 2 cannabis manufacturer license pursuant to N.J.S.A. 24:6I-31 et seq. and any regulations duly adopted by the Cannabis Regulatory Commission. Class 2 licensees' primary business is processing 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.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS RETAILERA person or entity holding a Class 5 cannabis retailer license pursuant to N.J.S.A. 24:6I-31 et. seq. and any regulations duly adopted by the Cannabis Regulatory Commission. Class 5 licensees' primary business is purchasing or otherwise obtaining usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and reselling these to consumers either through a retail store or use of a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS TESTING FACILITYAn independent, third-party entity meeting accreditation requirement established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CANNABIS WHOLESALERA person or entity holding a Class 3 cannabis wholesaler license pursuant to N.J.S.A. 24: 6I-31 et seq. and any regulations duly adopted by the Cannabis Regulatory Commission. Class 3 licensees' primary business is the purchase or otherwise obtaining, storing, selling and otherwise transferring, 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.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CELLARA story having more than 1/2 of its floor-to-ceiling height below average finished grade of the adjoining ground within 20 feet of the structure. No cellar or part thereof shall be used as a separate dwelling unit or as part of the minimum required floor area for a residence.
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.
CLEARCUTTINGA 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.
[Added 9-12-2012 by Ord. No. 2012-15]
COLLECTION FACILITYA facility where source-separated or commingled waste is dropped off in a container and temporarily stored before transportation to another waste management facility.
COMMISSIONThe Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act, as latest revised.
COMMON OPEN SPACEAn area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMPOSTING FACILITYA waste management facility that utilizes a controlled biological process of degrading nonhazardous solid waste or sewage sludge. For purposes of this definition, composting facility shall include co-composting facility that utilizes a controlled biological process of degrading mixtures of nonhazardous solid waste, including sewage sludge.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDAny community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility, within the meaning of the "Health Care Facilities Planning Act," P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliate agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-2). "Mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.2, but shall not include a person who has been committed after having been found guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
COMMENCEMENT OF CONSTRUCTIONActual construction on a parcel of land in accordance with a permit issued by the applicable jurisdiction if the cost of the physical improvements completed constitutes at least 25% of the projected total cost of the development or the completion of all required foundations, of a form and character such that the foundations are not usable for any other form of development except that authorized by the issued permit.
COMMERCIAL VEHICLEVehicles registered with the State of New Jersey, or other states, as commercial vehicles displaying commercial license plates. Passenger cars, mini/conversion vans, pickup trucks with a load capacity of no more than one ton (2,000 pounds), and station wagons displaying commercial plates are not considered "commercial vehicles" for the purpose of this chapter.
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with this chapter. The Planning Board shall review applications for conditional use and approve by resolution before the use shall be established.
CONSTRUCTIONThe construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
CONSTRUCTION DEBRISNonhazardous solid waste building material and refuse resulting from construction, remodeling, and repair operations on residences, commercial buildings, pavements and other structures.
CONSTRUCTION OFFICIALAn individual designated by the Township of Waterford and duly licensed by the New Jersey State Department of Community Affairs to serve as the "Construction Official."
CONTIGUOUS LANDSLand 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 that are not paved, rights-of-ways 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.
CONSUMERAny person legally qualified to purchase recreational cannabis pursuant to N.J.S.A. 24:6I-31 et seq. As of the date of adoption of this ordinance, New Jersey law requires a consumer as defined herein be at least 21 years of age or older and that such purchases of recreational cannabis are for personal use, not for resale to others. Any future restriction or other modification concerning the qualifications applicable to cannabis consumers by the State of New Jersey shall constitute a parallel restriction or modification of the qualifications to purchase or possess legalized cannabis within the Township.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
CONSUMPTIONThe act of ingesting, inhaling, or otherwise introducing cannabis items into the human body.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
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 9-12-2012 by Ord. No. 2012-15]
CORRALA pen or fence enclosure of durable construction, permanently affixed to the ground and used as an enclosure for horses.
[Added 9-12-2018 by Ord. No. 2018-23]
COUNTY MASTER PLANA composite of the master plan for the physical development of a New Jersey county with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 or their successor statutes.
COUNTY PLANNING BOARDThe governing authority responsible for county planning and organized pursuant to N.J.S.A. 40:27-6.1 and defined therein.
DAYA calendar day. Should the last day of a specified time limit be a Saturday, Sunday, or holiday, said limit shall extend to the next working day.
DAY CAREA licensed, principal use for providing custodial care of persons, for a period not to exceed 18 hours within a single day, in return for payment of tuition, fees, or other compensation. Day care may include care of either children or adults who are unable to care for themselves because of diminished capabilities.
DEDICATIONAppropriation of land to some public use made by the owner and accepted for such use by or on behalf of the public.
DELIVERYThe transportation of cannabis items and related supplies to a consumer. "Delivery" also includes the use by a licensed Cannabis retailer of any third-party technology platform to receive process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of a licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
DENSITYThe permitted number of dwelling units per gross area of land to be developed.
DEVELOPABLE LAND AREAThat portion of a tract of land that is suitable for development or construction of a building. The developable land area of a tract excludes the area of floodplains, wetlands, wetland buffer areas, open water areas, slopes in excess of 20% and the rights-of-way of existing and proposed public streets.
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 creation, change or enlargement of any use or disturbance of 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 significant change in the external appearance of a structure;
C. A material increase in the intensity of use of land, including, but not limited to, an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
D. Commencement of forestry activities, resource extraction, drilling, or excavation on a parcel of land;
E. Demolition of a structure or removal of trees;
F. Deposit of refuse, solid or liquid wastes or fill on a parcel of land;
G. In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
H. Alteration, either physically or chemically of a shore, bank or floodplain, seacoast, river, stream, lake pond, wetlands or artificial body of water:
DEVELOPMENT APPROVALAny approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
DEVELOPMENT, MAJORAny division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
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 9-12-2012 by Ord. No. 2012-15]
DISTRICTAny portion of Waterford Township that certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DOMESTIC ANIMALDogs, cats, hamsters, rabbits, small birds, and other animals commonly considered pets housed in the owner's residence or appropriate kennel, cage, hutch, or pen in the yard area. The term "domestic animal" shall not include those typically found in zoos or farm animals.
DOMESTIC TREATMENT WORKSA public or privately owned treatment works that processes primarily domestic wastewater and pollutants.
DOMESTIC WASTEWATERWastewater which results from the discharge of household, commercial, or other wastes from bathrooms, toilet facilities, home laundries and kitchens.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means, including control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE OR UTILITY COVENANTA signed, written agreement by a property owner which states that responsibility for maintaining a drainage easement will remain with the landowner and pass to any successive owner.
DRAINAGE OR UTILITY EASEMENTA right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures or plant any vegetation that will impede access.
DRAINAGE RIGHT-OF-WAYLands required for the installation of stormwater sewers or drainage ditches, or 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 according to Chapter
1 of Title 58 of the Revised Statutes.
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 9-12-2012 by Ord. No. 2012-15]
DWELLINGAny building or portion thereof designed or used primarily as the residence or sleeping place of one or more persons. A "dwelling" is not a mobile home, hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boarding house or similar structure under the terms of this chapter.
B. DUPLEXA single structure designed with two distinct dwelling units situated on a single lot with yard areas on four sides.
C. TWINA structure designed with two distinct dwelling units, separated by an approved party wall, which shall be constructed on a common lot line.
D. MULTIPLEThree or more dwelling units in a single structure.
E. TOWNHOUSEA structure containing multiple dwelling units separated by approved party walls, constructed along common lot lines or on a single lot.
F. IN-LAW SUITEOne or more rooms designed as an integral part of a dwelling unit that shall not have separate utilities, full cooking facilities, or separate entrances and exits other than those required by law for fire safety.
DWELLING UNITOne or more rooms, including full cooking and sanitary facilities, in a structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
EDUCATIONAL USEPublic, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered "educational uses" or accessories to such uses.
ELECTRIC TRANSMISSION LINESElectric 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.
ENLARGEMENT (EXPANSION)An addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in intensity of use of a tract of land occupied by an existing use.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESCROWA deed, bond, money, or piece of property delivered to a third person, to be delivered by him to the grantee only upon fulfillment of a condition.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Essential services shall include firehouses, first aid and emergency aid squads and community antenna television whether provided by a municipal or nonprofit agency.
FAIR MARKET VALUEThe value of a parcel based on what a willing buyer will pay a willing seller in an arm's length transaction for the parcel if no waiver of strict compliance is approved by the Pinelands Commission. For undersized lots, the determination of fair market value shall include consideration of the extent to which the parcel would contribute to the value of a developable parcel if combined with one or more parcels.
FAMILYTwo 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.
FEDERAL ACTSection 502 of the National Parks and Recreation Act of 1978 (P.L. 95-625).
FENCEAn artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials.
FINAL PLATThe final map of all or part of the subdivision presented to the Planning Board for final approval according to these regulations that, if approved, shall be filed with the proper county recording officer.
FIRST ORDER STREAMThat portion of a stream, as identifiable on the USGS 7 1/2 foot quadrangle maps, from the point of upstream origin, downstream to the first portion of intersection with another branch, stream or tributary.
FISH AND WILDLIFE MANAGEMENTThe changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FLOODPLAINThe relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by floodwater. Mapping of these areas may be available from state or county agencies.
FLOOR AREAThe sum of the gross horizontal area of each story of a building, measured from the surface of exterior walls, or from the center line of a wall separating two buildings. "Floor area" shall not include cellar space and any floor space where the average floor-to-ceiling height is less than seven feet.
FORESTRYThe planting, cultivating and harvesting of trees for the production of wood products, including firewood, or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including, but not limited to, artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
[Amended 9-12-2012 by Ord. No. 2012-15]
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.
FORESTRY MANAGEMENT PLANA plan detailing forestry management programs according to provisions of the N.J.A.C. 7:50-4.2(b)6ii.
FOREST STANDA uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 9-12-2012 by Ord. No. 2012-15]
FRONTAGEThe portion of a lot that abuts one street. Frontage shall be measured as an uninterrupted distance along one abutting street line.
GARAGE, PRIVATEA detached or attached structure used mainly for the storage of vehicles or household items, owned or rented by the occupant of the principal structures or by his/her family, with a minimum size of 240 square feet.
[Amended 2-8-2017 by Ord. No. 2017-2]
GARAGE, PUBLICAny garage other than a private garage that is open to the public and used for the storage of motor vehicles.
GARDEN/UTILITY SHEDA simple detached roofed structure, typically made of wood or metal, used as a storage space for lawn or garden equipment, a shelter for animals or a workshop with a minimum square footage of 80 square feet and a maximum of 239 square feet.
[Added 2-8-2017 by Ord. No. 2017-2]
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 9-12-2012 by Ord. No. 2012-15]
HABITATThe natural environment of an individual animal or plant, population, or community.
HAZARDOUS OR TOXIC SUBSTANCESSuch elements, compounds and substances that pose a present or potential threat to human health, living organisms or the environment. They consist of all hazardous or toxic substances defined as such by the NJDEP and the EPA as of and after May 20, 1996.
HAZARDOUS WASTEAny waste or combination of wastes, including toxic, carcinogenic, corrosive, irritating, sensitizing, radioactive, biologically infectious, explosive or flammable waste, which poses a present or potential threat to human health, living organism or the environment. They consist of all hazardous wastes defined as such by the NJDEP and the EPA as of and after May 20, 1996.
HISTORIC DISTRICTAn area designated by the Commission pursuant to N.J.A.C. 7:50-6.154 as having such historic, cultural or archaeological significance as to merit special protection.
HISTORIC RESOURCEAny 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.
HOME BASED DAY CAREAn accessory use provided in a private residence approved by the New Jersey Division of Youth and Family Services or an organization that the division contracts for family day care in which child-care services are regularly provided to no less than three nor more than five children, for no less than 15 hours per week nor more than 18 hours within a single day. The limitation on the number of children for whom day-care service can be provided shall not include children who are legally related to the service provider or children who are being cared for as a part of a cooperative agreement between parents for the care of their children by one or more parents when no payment for the care is being provided.
HOME OCCUPATIONAn activity for economic gain, carried out in a residential dwelling or accessory structure thereto, in which an occupant of the residence and no more than one additional individual is employed, which activity is clearly secondary to the use of the residence as a dwelling, and meets the requirements specified in this chapter. Home occupations are permitted subject to certain special conditions and requirements.
HORSEIncludes horses, ponies or other such equine quadrupeds as mules, asses and donkeys.
[Added 9-12-2018 by Ord. No. 2018-23]
HOTELS and MOTELSA building or group of buildings consisting of individual sleeping units, designed for transient travelers and not for permanent residency, except that up to 3% of the total units may be provided for the sole use of resident employees.
HOUSEHOLD HAZARDOUS WASTEAny hazardous waste material derived from households, including single-family and multifamily residences, hotels and motels, bunkhouses, farm labor housing, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
HYDROPHYTESAny plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water contact.
IMMEDIATE FAMILYThose 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.
[Amended 6-13-2018 by Ord. No. 2018-13]
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.
[Added 9-12-2012 by Ord. No. 2012-15]
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.
[Amended 9-12-2012 by Ord. No. 2012-15]
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 9-12-2012 by Ord. No. 2012-15]
INSTITUTIONAL USEAny land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities, such as libraries, galleries, museums, concert halls, theaters and the like; churches; cemeteries; public office buildings; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities. For purposes of this chapter, institutional use shall not include medical offices that are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.
INTERESTED PERSONAny 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 a failure to act under this chapter.
INTERIM RULES AND REGULATIONSThe regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the CMP took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
JUNKAny waste iron or other metal or substance, white goods, bicycle parts, glass, paper, plastic, used lumber, rags, machinery, machines, machine parts, accessories, unregistered motor vehicles which are unfit for reconditioning, used parts of motor vehicles and any material commonly known and generally referred to as "junk" in the ordinary and accepted meaning of the word.
JUNKYARD or SALVAGE YARDAny 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 or disposition thereof or of any material whatsoever.
LANDIncludes the surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.
LANDFILLA site where any waste is disposed of by application on or into the land, with or without the use of management practices or soil covering. It does not include a site where land application of waste or waste derived material occurs in accordance with N.J.A.C. 7:50-6.79.
LANDOWNERThe legal or beneficial owner or owners of all land proposed to be included in a planned development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 20 years, or other person having an enforceable proprietary interest in such land shall be a "landowner" for the purposes of this chapter.
LANDSCAPINGThe installation of plant material or seed as a part of development.
LAWFUL USEA use of land, building or structure, or portion thereof, that is permitted under all relevant local, state and federal land use, nuisance and environmental statutes.
LEACHATE COLLECTORFor the purpose of this chapter, shall mean attributed to the phrase by, and each such "leachate collector" shall conform to the requirements of the New Jersey Solid Waste Administration.
LIMITED-ACCESS HIGHWAYA highway designed in such manner that it provides no direct access to properties abutting its right-of-way and all highways designated as limited-access highways designated by the Planning Board in the Master Plan.
LIVING AREAThe area within the wall exteriors above the main grade level, but excluding cellars, attics, garages or porches.
LOADING SPACEAn off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial 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.
LOCAL PERMITTING AGENCYAny county or municipal official, department, agency or other body authorized to rule on any application for development.
LOTA designated parcel, tract or area of land established by a plat, or otherwise as permitted by law, and to be used, developed, or built upon as a unit having frontage on a public street.
A. AREAThe computed area contained within the lot lines.
B. CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street, forming an interior angle of less than 135°. The point of intersection of the street lot line is the corner.
C. DEPTHThe mean distance between the front and rear lot lines.
E. LINESThe property lines bounding the lot.
(1) FRONTThe dividing line between the lot and a street.
(2) REARThe lot line opposite and most distant from the front lot line.
(3) SIDEAny lot line other than a front or rear lot line.
F. WIDTHThe distance between the two side lot lines measured at the required setback line.
MAINTENANCE GUARANTEEAny security which is deemed acceptable by a municipality for the maintenance of any improvements required by the MLUL, including, but not limited to, surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.3, and cash.
MASTER PLANA composite of the mapped and written proposals recommending the physical development of the municipality, duly adopted by the Planning Board and pursuant to N.J.S.A. 40:55D-28.
MEDICAL CANNABISCannabis 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 al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.). "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et al.).
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
MICROBUSINESSA licensed cannabis business with a smaller footprint than a standard cannabis business with respect to its business operations, capacity and quantity of product and as defined in N.J.S.A. 24:6I-33 and operated in accordance with N.J.A.C. 17:30-6.7.
[Added 10-13-2021 by Ord. No. 2021-17; 5-22-2024 by Ord. No. 2024-7]
MINOR SUBDIVISIONAny subdivision containing not more than four lots fronting on an existing minor street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, or this chapter.
MOBILE OR MODULAR HOMEA dwelling unit manufactured in one or more sections, that may have axles and wheels, designated for long-term occupancy and which can be transported, after fabrication, to a site where it is to be occupied.
MUNICIPAL AUTHORITYThe governing body of a municipality or the Planning Board created by a municipality in accordance with the state enabling statute, which shall administer any ordinance pursuant to this statute.
NATURAL REGENERATIONThe establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Added 9-12-2012 by Ord. No. 2012-15]
NONCONFORMING LOTA lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of a land use and development ordinance, but that fails to conform to the present requirements of the zoning district by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE OR BUILDINGA structure or building, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a land use, development and zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USEA use occupying a lot, building or structure, legally existing and/or used at the time of adoption of a land use and development ordinance, or any amendment thereto, which does not conform to the use regulations of the zone in which it is located.
NURSERY SCHOOLA school designed to provide daytime care or instruction for two or more children from two to six years of age inclusive, and operated on a regular basis.
NURSING HOMEAny premises meeting the standards of the New Jersey Department of Human Services to operate as a nursing home.
OFFICE, CORPORATEA building, of more than 10,000 square feet with at least 50% of its occupancy by a single corporation or firm, serving as a regional or national center.
OFFICIAL MAPA map adopted in accordance with the MLUL, or any prior act, authorizing such adoption. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, provided such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PARCELAny quantity of land, consisting of one or more lots that is capable of being described with such definiteness that its location and boundaries may be established.
PARKING AREA, COMMERCIALAn open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free, or as an accommodation for clients or customers.
PERFORMANCE GUARANTEEAny security which may be accepted by the municipality, including, but not limited to, surety bonds, irrevocable letters of credit, escrow agreements or similar collateral, or security agreements under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash, provided that the municipality shall not require more than 10% of the total guarantee in cash.
PERMEABILITYThe rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
[Added 9-12-2012 by Ord. No. 2012-15]
PERSONAn individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
PINELANDSThe Pinelands National Reserve and the Pinelands Area.
PINELANDS AREAThat area designated by Section 10(a) of the Pinelands Protection Act.
PINELANDS DEVELOPMENT CREDITA 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 on other lands within the Township or on other designated lands in 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 agricultural, and sand, gravel, clay or ilmenite.
PLANNED DEVELOPMENTAn area with a specified minimum contiguous or noncontiguous acreage containing one or more residential developments, and one or more institutional, commercial or industrial areas with specified minimum contiguous or noncontiguous acreage to be developed as a single entity according to a plan.
PLANNING BOARDThe municipal board charged with ensuring orderly development in accordance with this chapter.
PLATOne or more maps of subdivision or a site plan that show the location, boundaries and ownership of individual properties.
PRELIMINARY PLATThe preliminary map indicating the proposed layout to the subdivision that is submitted to the Planning Board Clerk for Planning Board consideration and tentative approval and meeting the requirements of this chapter.
PRELIMINARY ZONING PERMITA permit, issued by the Zoning Officer, which is a prerequisite to the issuance of a construction permit or other permits or approvals that are needed to develop a single-family dwelling on an existing lot of record. A preliminary zoning permit shall be accepted in lieu of a Pinelands certificate of filing.
PRESERVATION AREAThat area so designated by Section 10(b) of the Pinelands Protection Act.
PROTECTION AREAAll land within the Pinelands Area which is not included in the preservation area.
PUBLIC AGENCIESThe government of the United States of America; the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; and interstate and regional agencies exercising sovereign powers of government.
PUBLIC AREASPublic parks, playgrounds and other recreational areas; other public spaces; scenic or historic sites; school sites and sites for other public buildings; and other areas dedicated to public use or enjoyment.
PUBLIC OPEN SPACEAn open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
PUBLIC SERVICE INFRASTRUCTURESewer service, gas, electricity, water, telephone, cable television and other public utilities, developed linearly; roads, 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 location is maintained at the principal offices of the Pinelands Commission.
RECREATIONAL FACILITY, INTENSIVEAny recreational facility which does not satisfy the definition of low-intensive recreational facility including but not limited to golf course, marinas, amusement parks, hotels and motels.
RECREATIONAL FACILITY, LOW-INTENSIVEA facility or area that complies with the standards of N.J.A.C. 7:50-5, Part III, of the CMP, 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.
RECREATION, PRIVATE NONCOMMERCIALClubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.
RECYCLABLE MATERIALThe following materials which would otherwise become solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products: source-separated nonputrescible metal, glass, paper, plastic containers, corrugated and other cardboard; vegetative waste; waste concrete; asphalt; brick; block; asphalt-based roofing scrap and wood waste; other waste resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements and other structures; whole trees, tree trunks, tree parts, tree stumps, brush and leaves that are not composted; scrap tires; petroleum contaminated soil that is delivered to a nonmobile in-state asphalt plant, concrete production plant or brick-making facility for incorporation as a raw material; and petroleum contaminated soil that is processed at its point of generation by mobile recycling equipment which produces asphalt, concrete or bricks by incorporating it as a raw material in its mobile production process.
RECYCLING CENTERA facility designed and operated solely for receiving, storing, processing or transferring recyclable materials, except that recycling center shall not include a manufacturer. For purposes of this definition, processing may include, but is not necessarily limited to, separating by type, grade or color, crushing, grinding, shredding or baling. Junk/salvage yards shall not be considered recycling centers for the purpose of this chapter.
REGULATED MEDICAL WASTEAny waste regulated pursuant to the New Jersey Comprehensive Regulated Medical Waste Management Act, N.J.S.A. 13:1E-48.1 et seq.
RELIGIOUS USEA church, mosque, synagogue, temple or other similar place of worship.
REMEDIATIONA process to remove or treat a waste or hazardous or toxic substance from soil or water but does not include any subsequent burial or land application of contaminated soil or other solids.
RESOURCE CONSERVATION PLANA plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
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 9-12-2012 by Ord. No. 2012-15]
RESTAURANTAn establishment where food and drink is prepared, served and consumed, primarily within the principal building. However, a snack bar or refreshment stand at a public or community swimming pool, playground, play field or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed a restaurant.
RESTAURANT, FAST FOODA commercial establishment where food and drink, prepared for immediate consumption, are purchased at a counter and either eaten on the premises, in the purchaser's automobile, or off the premises. Those restaurants where a majority of prepared food is consumed only at tables on the premises and served by waiters or waitresses at said tables shall not be deemed "fast foot restaurants." Any restaurant with drive-through window service shall be considered a "fast food restaurant." "Fast food restaurants" shall not include those retail stores where food is primarily sold for preparation and consumption elsewhere, such as a supermarket, or stores where, as a secondary use of the premises, prepared foods may be sold over the counter for immediate consumption, such as a delicatessen.
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 9-12-2012 by Ord. No. 2012-15]
SATELLITE DISH ANTENNAEAny apparatus or structure constructed or installed out of doors with the purpose of receiving television, radio or similar waves, but excluding, however, conventional television antennae.
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 9-12-2012 by Ord. No. 2012-15]
SENIOR CITIZEN HOUSINGSpecially designed housing for persons aged 62 and over providing units within low-, and mid-rise buildings, specifically designed for the safety and comfort of an older population.
SEWAGE SLUDGEThe solid residue and associated liquid resulting from the physical, chemical or biological treatment of wastewater in domestic treatment works.
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 9-12-2012 by Ord. No. 2012-15]
SHOPPING CENTERTwo or more commercial establishments in one or more structures on 10 or more acres of land designed and operated as a coordinated, integrated entity with respect to parking, services, signs, etc. Use may include retail and service establishments; offices and office structures; theaters; recreational facilities; meeting and convention facilities; museums and cultural facilities; motels and hotels; auto service stations where gasoline, oil and grease, batteries, tires and automobile accessories may be supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered; and uses accessory to all such permitted uses.
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. Flags and banners displaying products or product names shall be considered signs.
A. OFF-SITE ADVERTISINGA sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere.
B. BUSINESSA sign which directs attention to a business or profession conducted or to a commodity service or entertainment sold or offered upon the premises where the sign is located.
C. FLASHINGAny sign of which the artificial light is not maintained constant in intensity and/or color at all times when such sign is in use.
D. GROSS ADVERTISING AREAThe entire space within a single continuous perimeter enclosing the extreme limits of such, but in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SIGHT IMPROVEMENTSAny improvement in connection with a development involving streets, roads, parking facilities, sidewalks, lighting, landscaping, drainage structures, and utilities.
SIGHT TRIANGLESA triangular portion of land established at street intersections and driveways in which nothing is erected, placed, planted or maintained more than 24 inches above the street center line. The purpose of a sight triangle is to eliminate any viewing obstruction for motorists entering or leaving the intersection or driveway. Exceptions are street signs, fire hydrants and light standards.
SITE PLANA development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes, and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, circulation, rights-of-way, easements, drainage facilities, utility services, landscaping, structures, signs, lighting and screening devices; and any other information that may be reasonably required by the approving agency in order to make an informed determination pursuant to this chapter.
A. SITE PLAN, EXEMPTSite plan for an individual single-family, duplex or twin dwelling, or accessory buildings to agricultural and horticultural uses, unless such uses are located on an unimproved road, in a flood hazard area, or involve a home occupation. Interior building alterations that do not involve a change in use or additional parking shall also be exempt.
B. SITE PLAN, ADMINISTRATIVESite plan requiring less than 10 parking spaces as required in this chapter, containing no more than 2,500 square feet of floor area, having no more than 30% of lot coverage and involving clearing, grading or land disturbance of an area no more than 5,000 square feet, and which does not include any new street or extension or any off-tract improvements or design waivers. If design waivers are required, the plan will be deemed a minor site plan.
C. SITE PLAN, MINORSite plan for a development requiring more than 10 parking spaces as required in this chapter, containing no more than 5,000 square feet of floor area, having no more than 30% of lot coverage and involving the clearing, grading or land disturbance of an area no more than 10,000 square feet, and which does not include any new street or extension of any off-tract improvements.
E. SITE PLAN AMENDMENTSThe Administrative Review Committee shall determine if proposed changes are substantial or administrative. Nonsubstantial changes may be administratively approved by the inspecting engineer. Substantial changes require Board approval.
STABLEA building or structure built with at least three walls of durable construction, permanently affixed to the ground and used for boarding, sheltering or housing of horses. This definition shall specifically exclude shipping containers or crates, truck bodies, vans or other similar enclosures used for the housing of animals.
[Added 9-12-2018 by Ord. No. 2018-23]
STANDARDS OF PERFORMANCEStandards adopted by ordinance regulating noise levels, glare, earthborn or sonic vibrations, noxious odors, toxic matter, explosive and flammable matter, smoke matter, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other reasonable requirements as a municipal authority may provide by ordinance.
STATE AGENCYA state department, board, commission, division, bureau or an agency created by the state.
STORMWATER DETENTIONA provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORYThat portion of a building included between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, FIRSTThe lowest story of the ground story of any building, the floor of which is not more than 12 inches below the average finished grade of the adjoining ground within 20 feet of the structure.
STREETAny street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way that is an existing state, county or municipal roadway; a street or way shown upon a plat heretofore approved pursuant to law or approved by official action; a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats and that includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter "streets" shall be classified as follows:
B. COLLECTOR STREETSStreets which carry traffic from minor streets to the major system of arterial streets, the principal entrance streets of a residential development and streets for circulation within such a development.
C. MINOR STREETSStreets that are used primarily for access to the abutting properties.
D. MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E. ALLEYSMinor ways that are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STRUCTUREA building built with at least three walls of durable construction, permanently affixed to the ground and used for housing of animals. This definition shall specifically exclude shipping containers or crates, truck bodies, vans or other similar enclosures used for the housing of animals.
[Amended 9-12-2018 by Ord. No. 2018-23]
SUBDIVISION or RESUBDIVISIONThe 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 if no new streets are created: divisions of land found by the Planning Board for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including, but not limited to, judgments of foreclosures; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts, or parcels of land owned by the same person or persons, all of which are found and certified by the administrative officer to conform to the requirements of the municipal development rules, and are shown and designated as separate lots, tracts, or parcels on the Tax Map of the municipality.
SUBMERGED LANDSThose lands that are inundated with water throughout the year.
SUITABLE SEWAGE SLUDGESewage sludge in which the concentrations of any metals, measured on a dry weight basis, do not exceed the following limits: 10 parts per million arsenic; 40 parts per million cadmium; 1,000 parts per million chromium; 1,200 parts per million copper; 4,800 parts per million lead; 10 parts per million mercury; 1,250 parts per million nickel; and 2,400 parts per million zinc. The metal concentration limits used to define suitable sewage sludge are identical to those set forth in the DEP's September 1993 draft Solid Waste Management State Plan Update for Class B sludge.
SUSTAINABLE ENERGY FACILITIES[Added 9-12-2012 by Ord. No. 2012-13]
A. SOLAR ENERGY SYSTEM A solar energy system, and all associated equipment, converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
B. WIND ENERGY SYSTEM A wind energy system converts mechanical energy from the wind into electrical power. This term includes the base, blades, foundation, nacelle, rotor, tower, transformer, vane, wire inverter, batteries, and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
C. SMALL WIND ENERGY SYSTEM A wind energy system, as defined herein, is used to generate electricity, and has a nameplate capacity of 100 kilowatts or less.
THINNINGA silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 9-12-2012 by Ord. No. 2012-15]
TRANSFER STATION OR FACILITYA facility at which waste is transferred from one waste vehicle to another waste vehicle for transportation to a waste management facility.
TUTORINGThe teaching or instruction of academic, business or artistic subjects to not more than four students simultaneously.
UTILITY DISTRIBUTION LINESLines, conduits, pipes or cables 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.
VEGETATIONAny plant material, including grasses, shrubs and trees.
VEGETATIVE WASTELeaves, grass clippings, twigs, shrubbery and residue from the raising of plants, such as stalks, hulls and leaves. It includes vegetative processing wastes that do not contain nonvegetative additives and whole trees, branches, tree trunks and stumps processed through a wood chipper.
WASTEAny hazardous waste, regulated medical waste, garbage, refuse, septage sludge, discarded materials and other by-products and substances which become unsuitable for their original purpose, resulting from industrial, commercial and agricultural operations and from domestic and community activities. They shall include solid and liquid waste materials. For the purposes of this definition, liquids which are released from a sewage treatment plant or on-site septic wastewater treatment system and solid animal and vegetable wastes collected by swine producers licensed by the New Jersey Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms shall not be considered waste.
WASTE-DERIVED MATERIALA waste, which has been separated, collected or processed such that it is converted into an economically valuable raw material or product which is not hazardous.
WASTE MANAGEMENT FACILITYAny property, site, system, equipment or structure which is utilized for the storage, collection, processing, transfer, transportation, separation, recycling, reclamation, recovery, reuse or disposal of waste. It includes, but is not necessarily limited to, landfills, composting facilities, recycling facilities and centers, incinerators, materials recovery facilities, reclamation facilities, resource recovery facilities, waste reuse facilities and transfer facilities.
WASTEWATER COLLECTION FACILITYAny part of a system used to carry wastewater and includes laterals, mains, trunks, interceptors and other similar facilities.
WETLANDS, IMPAIREDAny wetland that meets each of the following three tests:
A. The wetland meets at least one of the following two criteria:
(1) The entire wetland is less than one acre; or
(2) The overall wetland area is larger than one acre but the portion of the wetland that is to be directly impacted is less than one acre and the impacted area is separated from the remainder of the wetland by a substantial hydrologic barrier; and
B. The wetland meets at least one of the following three criteria:
(1) The wetland is within an area that is predominantly developed, has direct access to a paved public road and is serviced by a municipal wastewater treatment system; or
(2) The wetland was filled prior to February 8, 1979, the fill is at least one foot in depth, and the seasonal high water table is not within one foot of the altered land surface; or
(3) The wetland is an actively cultivated non-berry agricultural field which was cleared and in production prior to February 8, 1979; and
C. The wetland is not:
(1) An Atlantic white cedar swamp;
(2) A wetland that is frequently ponded or flooded for a period of at least seven days during the growing season;
(3) A herbaceous or shrub dominated wetland type found in naturally occurring circular or nearly circular depressions within upland or wetland complexes;
(4) Located within 300 feet of a lake, pond, river or permanent stream; or
(5) A wetland supporting plant species that are designated as endangered pursuant to N.J.S.A. 13:1B-15.151 et seq. or supporting plant or wildlife species designated as threatened or endangered pursuant to N.J.A.C. 7:50-6.27 and N.J.A.C. 7:50-6.33.
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 9-12-2012 by Ord. No. 2012-15]
WETLAND SOILSThose soils designated as very poorly drained or poorly drained by the Natural Resources Conservation Service of the USDA, including, but not limited, to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns, Freshwater Marsh and Tidal Marsh soil types.
YARDAn open space that lies between the principal building or group of buildings and the nearest lot line and that is unoccupied and unobstructed from the ground upward, except as herein permitted.
A. FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter. Any portion of a lot abutting a street will be considered a front yard for the purpose of this chapter.
B. REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
C. SIDEAn open space extending from the front lot line to the rear lot line between a principal building from the nearest side lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter.
YARD SALEThe sale of personal used property from a residential dwelling lot. For the purpose of this chapter, "yard sale" does not mean the collection of and/or purchase of used items for resale from a residential dwelling lot or any lot located within Waterford Township. The sale of items collected and/or purchased for resale shall be deemed a business subject to the restrictions and requirements of commercial use. This term shall include "flea market" for sales conducted by religious or civic organizations on public or private property for fund-raising purposes.
ZONING MAPThe Zoning Map or Maps for the Township of Waterford, New Jersey, together with all amendments subsequently adopted, delineating the various districts controlling land use and lot size.