[Added 6-16-2022 by Ord. No. 606-2022; amended 5-2-2024 by Ord. No. 625-2024]
The following terms utilized in this Chapter are in addition to the definitions in Subsection
26-2.1 (General Definitions) and shall apply only to the Pinelands Area of the Borough of Woodbine. In the event of a conflict between a definition of Borough-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.
AGRICULTURAL COMMERCIAL ESTABLISHMENTShall mean a retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities. Agricultural commercial establishments may include seasonal fruit and vegetable stands as defined within the definition of Residential agriculture in Subsection
26-2.1 (General Definitions) and Section
26-23.8 (Residential Agriculture).
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USEShall mean any production of plants or animals useful to any 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.
AGRICULTURAL SERVICE ESTABLISHMENTShall mean an establishment, the primary purpose of which is the sale of goods, commodities, or service that supports active farm operations.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEMShall 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.
APPROVAL AGENCYShall mean any board, body or other authority within the Borough with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
ARTIFICIAL REGENERATIONShall mean the establishment of tree cover through direct or supplemental seeding or planting.
BEDDINGShall mean a silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.
BROADCAST SCARIFICATIONShall mean a silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce aboveground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
CAMPSITEShall 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.
CERTIFICATE OF FILINGShall mean a certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for major development has been filed.
CLEARCUTTINGShall mean a silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clearcutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.
COMMISSIONShall mean the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
CONTIGUOUS LANDShall 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.
COPPICINGShall mean a silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.
DENSITYShall mean the average number of housing units per unit of land.
DEVELOPMENTShall mean the change or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:
a. A change in type of use of a structure or land;
b. A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
c. A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
d. Commencement of resource extraction, drilling, or excavation on a parcel of land;
e. Commencement of forestry activities;
f. Demolition of a structure or removal of trees.
DEVELOPMENT APPROVALShall 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.
DEVELOPMENT, MAJORShall 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.
DISKINGShall mean a silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.
DIVERT or DIVERSIONMeans 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.
DRAINAGEShall mean the removal of surface or groundwater 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.
DRUM CHOPPINGShall mean a silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash, 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.
ELECTRIC TRANSMISSION LINESShall 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.
EROSIONShall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FAMILYShall 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.
FISH AND WILDLIFE MANAGEMENTShall mean the changing of the characteristics and interactions of fish and wildlife population and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FOREST STANDShall mean a uniform group of trees of similar species, composition, size, age and similar forest structure.
FORESTRYShall mean the planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regenerations, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this Chapter, the following activities shall not be defined as forestry:
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.
GROUP SELECTIONShall mean a silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
HABITATShall mean the natural environment of an individual animal or plant, population or community.
HEIGHTShall mean the vertical distance of a building 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. For structures, the vertical distance measures from grade to its highest point.
HISTORIC RESOURCEShall 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.
HYDROLOGIC UNIT CODE-11 or HUC-11Means an area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by an 11-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
HYDROPHYTESShall mean any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILYShall 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.
IMPERMEABLE SURFACEShall mean any 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.
IMPERVIOUS SURFACEShall mean any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability.
INDIVIDUAL SELECTIONShall mean a silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
INSTITUTIONAL USEShall 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 medical outpatient care facilities, medical laboratories, and health spas, rest homes, convalescent homes, nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; cemeteries; public office buildings and other similar facilities.
INTERESTED PERSON OR PARTYShall 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.
INTERIM RULES AND REGULATIONSShall 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.
LANDShall mean and include the surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.
LOCAL COMMUNICATIONS FACILITYShall 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.
NATURAL REGENERATIONShall mean the establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
NONCONSUMPTIVE USEMeans the use of water diverted from surface or groundwaters in such a manner that at least 90% of the diverted water is returned to the source surface or groundwater at or near the point from which it was taken
OFF-SITE COMMERCIAL ADVERTISING SIGNShall mean a sign 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.
PARCELShall 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.
PERMEABILITYShall mean the rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
PERSONShall 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.
PINELANDSShall mean the Pinelands National Reserve and the Pinelands area.
PINELANDS AREAShall mean that area of the Borough of Woodbine designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1, et seq.) being that portion of the Borough lying west of Dennisville-Petersburg Road.
PINELANDS DEVELOPMENT REVIEW BOARDShall 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.
PINELANDS RESOURCE RELATED USEShall 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.
PROTECTION AREAShall mean all lands within the Pinelands area which is not included in the preservation area.
PUBLIC DEVELOPMENTShall mean development by any Federal, State, municipal or other governmental agency.
PUBLIC SERVICE INFRASTRUCTUREShall 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.
RECOMMENDED MANAGEMENT PRACTICEShall mean the management program which employs the most efficient use of available technology, natural, human and economic resources.
RECORD TREEShall 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 office of the Commission.
RECREATIONAL FACILITY, INTENSIVEShall mean any recreational facility which is not a low intensive recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.
RECREATIONAL FACILITY, LOW INTENSIVEShall 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.
RESOURCE EXTRACTIONShall mean the dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
RESOURCE MANAGEMENT SYSTEM PLANShall mean a plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.
ROOT RAKINGShall mean a silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.
SEASONAL HIGH-WATER TABLEShall mean the level below the natural ground surface to which water seasonally rises in the soil in most years.
SEED TREE CUTShall mean a silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.
SHELTERWOOD CUTShall mean a silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.
SIGNShall 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.
STRUCTURAL ALTERATIONShall 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.
SUBDIVISIONShall 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 within the meaning of this Chapter, if no new streets are created: (1) divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon court order, including but not limited to judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBMERGED LANDSShall mean those lands which are inundated with water throughout the year.
THINNINGShall mean a silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
UTILITY DISTRIBUTION LINESShall 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.
VEGETATIONShall mean any plant material including grasses, shrubs and trees.
WETLAND SOILSShall 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.
WETLANDSShall mean those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture, and further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
WETLANDS MANAGEMENTShall mean the establishment of a characteristic wetland or the removal of exotic species or Phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.