As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY DWELLING UNIT — A single bedroom and associated living area, kitchen and bathroom facilities within an accessory structure in DT-1, DT-2, DT-3, or GW-1 Zones on a lot for which residential use is allowable. To be occupied by no more than two people.
[Added 11-28-2011 by Ord. No. 23-2011]
ACCESSORY STRUCTURE OR USE — Except as otherwise expressly authorized by the provisions of this chapter, N.J.S.A. 40:55D-1 et seq. and/or the Pinelands Comprehensive Management Plan, and/or § 175-160 “Accessory Structure Building Type in Downtown and Gateway Districts,” is a building, structure or use which:
[Amended 11-28-2011 by Ord. No. 23-2011]
A. Is subordinate and incidental to and serves a principal building or a principal use.
B. Is subordinate in area, extent and purpose to the principal structure or principal building or a principal use.
C. Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served.
[Amended 7-28-1997 by Ord. No. 10-1997]
D. Is located on the same parcel as the principal structure or principal use served.
[Amended 7-28-1997 by Ord. No. 10-1997]
ADMINISTRATIVE OFFICER — The Clerk of the town, unless a different town official or officials have been designated by ordinance or statute.
ADULT BOOKSTORE — An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activity, sexual conduct or specified anatomical areas.
ADULT MOTION-PICTURE THEATER — Any structure used for presenting films, slides or pictures distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activity, sexual conduct or specified anatomical areas for observation by patrons therein.
ADVERSE EFFECT — Conditions or situations, whether existing or proposed, creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a property proposed for development or on adjacent property, including but not limited to: improper circulation and drainage rights-of-way; inadequate drainage facilities; insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or to coordinate and compose a convenient system; disruptive environmental impacts; locating lots in a manner not adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace; providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
AFFORDABLE HOUSING — Housing which falls within the financial means of a household in accordance with economic guidelines as may be established and published from time to time by the United States Department of Housing and Urban Development and the State of New Jersey.
[Amended 12-27-1999 by Ord. No. 35-1999]
AGRICULTURAL COMMERCIAL ESTABLISHMENT — 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.
[Added 4-10-1989 by Ord. No. 7-1989]
AGRICULTURAL EMPLOYEE HOUSING — Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
[Amended 4-10-1989 by Ord. No. 7-1989]
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE — The use of land for the activity of producing for sale or for home use or consumption plants or animals useful to man, including but not limited to: forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.
AGRICULTURAL PRODUCTS PROCESSING FACILITY — A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products.
[Added 4-10-1989 by Ord. No. 7-1989]
ALTERATIONS or ADDITIONS — As applied to a building or a structure, a change or rearrangement in the structural parts, in the existing facilities or in the means of egress; or an enlargement, whether by extension of a side or by increasing in height; or the moving from one location or position to another. In Zoning District B-1, also means any change in the front facade of any structure or any site element normally visible to the public.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM — An individual or community on site waste water treatment system that has the capability of providing a high level of treatment including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50- 10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.
[Added 5-27-2003 by Ord. No. 7-2003; amended 11-19-2018 by Ord. No. 42-2018]
AMENDMENT — A means for making changes in this chapter or to the certified Master Plan herein as expressly authorized.
ANIMALS, THREATENED OR ENDANGERED — As specifically set forth in the Comprehensive Management Plan, Section 6-302, Fish and Wildlife. (See N.J.A.C. 7:50-3.12.)
ANTENNA — A system of electrical conductors that transmits or receives radio frequency signals for communications purposes.
[Added 8-23-2004 by Ord. No. 22-2004]
ANTENNA SUPPORT STRUCTURE — A structure, other than a telecommunications tower, which is attached to a building upon which one or more antennas are located.
[Added 8-23-2004 by Ord. No. 22-2004]
APPLICANT — A developer, landowner or person with an enforceable proprietary interest submitting an application for development.
APPLICATION FOR DEVELOPMENT — Any application filed with any approving authority for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 175-60A.
[Amended 4-10-1989 by Ord. No. 7-1989]
APPROVING AUTHORITY — The Planning Board, Zoning Board of Adjustment or other board, agency or official, when acting pursuant to the authority of this chapter, with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval.
APRON SHOPFRONT — A building type that is typically a commercial property that has been converted from single houses and expanded with an apron, which is created when commercial design elements are added to the ground floor space between the original structure and the sidewalk.
[Added 11-28-2011 by Ord. No. 23-2011]
ARTIFICIAL REGENERATION — The establishment of tree cover through direct or supplemental seeding or planting.
[Added 4-22-2013 by Ord. No. 005-2013]
ASSISTED LIVING FACILITY — A facility licensed by the New Jersey Department of Health and Senior Services pursuant to N.J.A.C. 8:36-1 et seq. which is designed and operated to provide apartment-style housing and congregate dining while assuring that a coordinated array of supportive personal and health services are available, as needed, to four or more adult persons unrelated to the proprietor. Each unit in an assisted living facility shall offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. "Assisted living facility" shall include assisted living residences and assisted living programs as defined at N.J.A.C. 8:36-1.3.
[Added 5-21-2007 by Ord. No. 13-2007]
BANK OR SAVINGS INSTITUTION — An officially chartered institution empowered to receive deposits, make loans, and provide checking and saving account services, all at a profit.
[Added 11-28-2011 by Ord. No. 23-2011]
BAR OR TAVERN — An establishment in which alcoholic beverages are served, primarily by the drink, and where food or packaged liquors may also be served or sold.
[Added 11-28-2011 by Ord. No. 23-2011]
BASEMENT — That portion of a building which is partly below and partly above grade and having at least 1/2 its height above grade. (See "grade," "story" and "cellar.")
BEDDING — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
BLOCK — A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
[Added 11-28-2011 by Ord. No. 23-2011]
BOARD OF ADJUSTMENT — The Board established pursuant to Article V (N.J.S.A. 40:55D-69) of this chapter and known legally as the "Zoning Board of Adjustment."
BROADCAST SCARIFICATION — A silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce above-ground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
[Added 4-22-2013 by Ord. No. 005-2013]
BUFFER — A strip of land containing natural woodlands, earth mounds and/or planted screening material and separating one kind of land use or one property from another and which is more specifically defined in § 175-91 of this chapter.
BUILDING — Any structure, either temporary or permanent, which:
A. Has a roof.
B. Is designed, used or intended to be used for any use or occupancy, including but not limited to the sheltering or protection of persons, animals, chattels or property of any kind.
C. Forms, by a combination of materials, a construction adapted to such occupancy.
BUILDING AND STRUCTURE HEIGHT — The dimension of a building, measured from the average slope point of grade along the building's perimeter to the highest point along the roofline. This dimension is expressed in both feet and stories.
[Amended 11-28-2011 by Ord. No. 23-2011]
BUILDING AREA — The area included within surrounding exterior walls (or exterior walls and fire walls), exclusive of vent shafts, courts, cornices, eaves and gutters. Areas of the building not provided with surrounding walls shall be included in the building area if included within the horizontal projection of the roof or floor above.
BUILDING COVERAGE — The square footage or other area measurement by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the foundations, and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING, EXISTING — Any building erected prior to the adoption of this chapter, or one for which a legal building permit has been issued.
BUILDING LINE — The line parallel to the street line at a distance there from equal to the depth of the required front yard. A building shall not extend beyond this line, except for encroachments as otherwise allowed in this chapter.
[Amended 11-28-2011 by Ord. No. 23-2011]
BUILDING SITE — The area occupied by a building or structure, including the yards and courts required for light and ventilation and such areas that are prescribed for access to the street.
BUILDING TYPE — A structure that is determined by a building's height, scale, use, and location of the building on its lot.
[Added 11-28-2011 by Ord. No. 23-2011]
BULK REGULATIONS — Standards applying to individual lots that control the placement, intensity, and character of development and include the amount of open space on the lot, the height of structures, setbacks from property lines and public rights-of-way, impervious coverage, floor area ratio, and density.
[Added 11-28-2011 by Ord. No. 23-2011]
BUSINESS — Retail business and service establishments, including retail shops, personal service establishments, business and professional offices, banks and fiduciary institutions, eating and drinking establishments, hotels and motels, commercial recreation and public assembly halls, funeral homes, commercial parking lots and the like.
CAMOUFLAGE — A design technique which is planned to enhance compatibility with the adjacent land uses and environment, including but not limited to architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to appear as light poles, power poles and trees. It also includes the use of appropriate landscape designs. The term "camouflage" does not necessarily exclude the use of lattice, guyed or monopole tower designs.
[Added 8-23-2004 by Ord. No. 22-2004]
CAMPER — A portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term uses. "Camper" does not include mobile homes or trailers.
[Added 4-10-1989 by Ord. No. 7-1989]
CAMPSITE — 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.
[Amended 4-10-1989 by Ord. No. 7-1989]
CAPITAL IMPROVEMENT — A governmental acquisition of real property or major construction project.
CARTWAY — The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is the portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
CELLAR — That portion of a building which is partly or completely below grade and having at least ½ its height below grade. (See "grade," "story" and "basement.")
CERTIFICATE OF APPROPRIATENESS — A certificate issued pursuant to § 175-21 of this chapter and N.J.A.C. 7:50-6.156.
[Amended 4-10-1989 by Ord. No. 7-1989 2 ]
CERTIFICATE OF FILING — The certificate issued by the Pinelands Commission which is a prerequisite to the filing of a complete application for major development with any local approving agency (N.J.A.C. 7:50-4.34 and 50-4.82).
[Amended 4-10-1989 by Ord. No. 7-1989]
CERTIFICATE OF USE AND OCCUPANCY — The certificate issued by the Construction Code Official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.
CERTIFIED COUNTY MASTER PLAN OR ORDINANCE — Any county master plan or ordinance certified by the Pinelands Commission pursuant to the Comprehensive Management Plan (N.J.A.C. 7:50-3.21 through 50-3.30) as being in conformance with the minimum standards of said plan.
CERTIFIED MUNICIPAL MASTER PLAN OR LAND USE ORDINANCE — Any municipal master plan or land use ordinance certified by the Commission pursuant to the Comprehensive Management Plan (N.J.A.C. 7:50-3.31 through 50-3.50) as being in conformance with the minimum standards of said plan.
CHANGE OF USE — An alteration to a heretofore existing building from one type of use group to a new use group which imposes provisions of law governing building construction, equipment or means of egress, and which provisions are special to the form of use proposed.
CIRCULATION — Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points. 3
CIVIC BUILDING — A building type that contains a public or civic use of special significance to residents, employees, or visitors. Civic buildings are used for the following purposes: community services, daycare, education, government, places of worship, or social services. Civic buildings do not include retail buildings, residential buildings, or buildings with private offices.
[Added 11-28-2011 by Ord. No. 23-2011]
CIVIC USE — Use of a lot, building, or structure by a house of worship, library, school, or municipal use.
[Added 11-28-2011 by Ord. No. 23-2011]
CLEARCUTTING — 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. Clear cutting 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 4-22-2013 by Ord. No. 005-2013]
CMP — The Comprehensive Management Plan for the Pinelands.
COAH — The New Jersey Council on Affordable Housing.
[Added 6-17-2002 by Ord. No. 28-2002; amended 8-26-2002 by Ord. No. 32-2002]
COLOCATION — Use of a common PWTF, or a common site, by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology, and/or placement of a PWTF on a structure owned or operated by a utility or other public entity.
[Added 8-23-2004 by Ord. No. 22-2004]
COMMENCEMENT OF CONSTRUCTION — Actual construction on a parcel of land in accordance with a permit issued by the applicable approving authority of a form and character such that the work performed is not usable for any other form of development except that authorized by the issued permit.
COMMERCIAL FOREST — Any parcel of land five acres or larger used for profit or gain by the cutting of trees for sale as fuel or wood products.
COMMON OPEN SPACE — An open space 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.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED — Any community residential facility licensed pursuant to 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 hotels. It shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the case of such residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation 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.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE — Any 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 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.
COMPLETE APPLICATION — An application form completed as specified by this chapter and the rules and regulations of the approving board and all accompanying documents required by this chapter for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the board may require such additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the board and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the board.
COMPREHENSIVE MANAGEMENT PLAN — The plan and amendments adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act and to be cited as "N.J.A.C. 7:50 et seq."
CONDITIONAL USE — A use permitted in a particular zoning district only upon a showing that such use in the specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION — The erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
CONTIGUOUS LANDS — 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.
[Amended 6-28-1993 by Ord. No. 13-1993]
COPPICING — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
CORNICE LINE — A prominent, continuous, horizontally projecting feature surmounting a building's front facade, dividing it horizontally for compositional purposes.
[Added 11-28-2011 by Ord. No. 23-2011]
COTTAGE HOUSE — A variant of the single house with a lower allowable height and smaller side and front setbacks. It is intended for smaller lots.
[Added 11-28-2011 by Ord. No. 23-2011]
COUNTY — The County of Atlantic unless otherwise specified.
COUNTY MASTER PLAN — A composite of the Master Plan for the physical development of Atlantic 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 and 40:27-4 or their successor statutes.
COUNTY PLANNING BOARD — The County Planning Board, as defined and organized pursuant to N.J.S.A. 40:27-6.1, of the county in which the land or development is located. Said Board is responsible for county planning.
CROSSWALK — An Americans with Disabilities Act and Manual on Uniform Traffic Control Devices compliant path clearly delineated on a street, parking lot, or access drive to indicate where pedestrians should cross.
[Added 11-28-2011 by Ord. No. 23-2011]
CURB CUT — A break in the curb line and sidewalk for means of ingress or egress of motor vehicles.
[Added 11-28-2011 by Ord. No. 23-2011]
DATE OF SUBMISSION OF AN APPLICATION FOR DEVELOPMENT — The date of filing offered by the Board Secretary.
DAY — For purposes of computing time limits, refers to a calendar day.
DAYCARE — A use category, applicable to certain building types in certain Downtown and Gateway Districts, for daytime training, supervision, recreation, and often medical services for children of preschool age, for the disabled, or for the elderly.
[Added 11-28-2011 by Ord. No. 23-2011]
DENSITY, GROSS — The total number of units in the proposed development divided by the total number of acres of the proposed development site.
DENSITY, NET — The total number of dwelling units in a proposed development divided by the total number of acres of the proposed development site, exclusive of commercial and industrial uses and land to be dedicated to a public agency or government.
DEVELOPER —
A. The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
B. Any person or persons or entity who seeks building permits or certificates of occupancy as a result of residential development.
[Added 8-23-2004 by Ord. No. 21-2004]
DEVELOPMENT — The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
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. Demolition of a structure or removal of trees.
F. Deposit of refuse, solid or liquid waste 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.
H. Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
I. Commencement of forestry activities.
[Added 4-10-1989 by Ord. No. 7-1989]
DEVELOPMENTALLY DISABLED PERSON — A person who is developmentally disabled, as defined in N.J.S.A. 30:11B-2.
DEVELOPMENT APPROVAL — Any approval granted by any town approving authority.
DEVELOPMENT FEES — Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
[Added 6-17-2002 by Ord. No. 28-2002; amended 8-26-2002 by Ord. No. 32-2002]
DEVELOPMENT, PUBLIC — Any development by a public agency.
DEVELOPMENT REGULATION — A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation for the use and development of land, or amendment thereto, adopted and filed.
DISKING — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
DISPLAY WINDOWS — Windows on the ground story of a building that allow visibility into and out of a retail space and are used for retail display.
[Added 11-28-2011 by Ord. No. 23-2011]
DISTRICT — A portion of the territory of the town within which certain regulations and requirements or various combinations thereof apply.
DIVISION — The Division of State and Regional Planning in the Department of Community Affairs.
DOWNTOWN BUILDING — A multistory building type with one or more dwellings or offices in upper stories and retail or office uses on the ground floor.
[Added 11-28-2011 by Ord. No. 23-2011]
DOWNTOWN DISTRICT — One of a group of districts in Hammonton surrounding Bellevue Avenue generally referred to as the downtown area.
[Added 11-28-2011 by Ord. No. 23-2011]
DRAINAGE — The removal of surface water 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.
DRAINAGE AND UTILITY RIGHT-OF-WAY — The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities or lands required 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.
DRUM CHOPPING — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
DUPLEX — A detached building occupying a single lot where the family dwelling units are separated by a horizontal floor, unpierced except for access to the outside or to a common basement or cellar.
DWELLING, SEMIDETACHED — A building occupying a single lot, separated into two dwelling units by a vertical party wall, unpierced except for access to the outside or to a common basement or cellar.
DWELLING UNIT/APARTMENT, MULTIPLE-FAMILY — A suite of rooms designed for or occupied by one family or household and situated in a building containing three or more such suites of rooms. Such units may share some facilities, utilities or services, such as entrance halls, electric or water connections, basement areas, heating plant or refuse disposal facilities.
DWELLING UNIT or DWELLING — One or more rooms used or intended to be used for living purposes by one or more persons living together and maintaining a common household, having separate cooking and sanitary facilities and accessible from the outdoors, either directly or through an entrance hall shared with other dwelling units except in the case of accessory dwelling units. Not included are mobile homes, hotels, motels, lodging houses, boardinghouses or tourist homes.
[Amended 11-28-2011 by Ord. No. 23-2011]
DWELLING UNIT, SINGLE-FAMILY ATTACHED (townhouse, rowhouse) — A dwelling unit which is one of a group of three or more attached dwelling units separated by vertical party walls, each having separate front and rear or front and side entrances from the outside and a full complement of utilities and facilities for use as a dwelling unit.
DWELLING UNIT, SINGLE-FAMILY DETACHED — A building on a lot designed and occupied exclusively as a residence for one family or household, which has yard or open areas on all sides, having no common walls with any other building.
DWELLING UNIT, TWIN OR TWO-FAMILY — A building on a lot designed and occupied exclusively as a residence for two families or households, which has a common wall separating two units, each of which has a full complement of utilities and facilities for use as a dwelling and separate means of ingress and egress.
EAVE LINE — For a pitched roof, the lowest point of the primary roof structure.
[Added 11-28-2011 by Ord. No. 23-2011]
EAVE LINE — The distance of a building measured from grade to the eave line.
[Added 11-28-2011 by Ord. No. 23-2011]
ELECTRIC DISTRIBUTION LINES — All electric lines other than electric transmission lines.
[Added 4-10-1989 by Ord. No. 7-1989]
ELECTRIC TRANSMISSION LINE — Electric lines which are part of an electric company's transmission and sub transmission system, which provide a direct connection between a generating station or substation of the utility company and:
[Amended 4-10-1989 by Ord. No. 7-1989]
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 — An addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in the portion of a tract of land occupied by an existing use.
ENVIRONMENTAL COMMISSION — A town advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
EQUALIZED ASSESSED VALUE — The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
[Added 6-17-2002 by Ord. No. 28-2002; amended 8-26-2002 by Ord. No. 32-2002]
EROSION — The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXECUTIVE DIRECTOR — The chief administrative officer of the Pinelands Commission or any representative designated by such chief administrative officer to perform any functions delegated to such chief administrative officer pursuant to any provision of the Plan.
FAMILY — Any number of persons, related or not, living and cooking together as a single housekeeping unit.
FAMILY, IMMEDIATE —
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.
[Amended 4-10-1989 by Ord. No. 7-1989; 7-28-1997 by Ord. No. 10-1997; 11-19-2018 by Ord. No. 42-2018]
FARM, ACCESSORY USES — Buildings incidental to farms, such as: greenhouses; buildings for housing seasonal workers for the farm's own use; barns; packing, grading and storage buildings; buildings for keeping poultry and permitted livestock; and garages for the keeping of equipment and trucks used in farm operations.
FARM BUILDING — Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and is necessary to the operation of a farm, as defined by this chapter.
FARM, PRINCIPAL USES — A tract of contiguous property of at least five acres used for the growing and harvesting of crops and the raising and breeding of certain animals, including truck farms, fruit farms, nurseries and greenhouses, dairies and livestock produce.
FINAL APPROVAL — The official action of the approving 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 guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FISH AND WILDLIFE MANAGEMENT — The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FLOOD FRINGE — That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA — The floodway and relative flat areas adjoining the floodway which have been or may be hereafter covered by floodwater and which area, the improper development and general use of which, would constitute a threat to the public's safety, health and general welfare. The flood hazard area shall constitute the total area inundated by the flood hazard design flood.
FLOODPLAIN — The general flat terrain subject to periodic flooding adjacent to streams, ponds, lakes or swamps.
FLOODWAY — The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.
FLOOR AREA — The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center line of a wall separating two buildings.
FORESTRY
[Amended 4-10-1989 by Ord. No. 7-1989; 7-28-1997 by Ord. No. 10-1997; 4-22-2013 by Ord. No. 005-2013]
— 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, clear cutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelter wood 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.
FORESTRY MANAGEMENT PLAN — As set forth in the Comprehensive Management Plan (N.J.A.C. 7:50-6.9) and § 175-104 of this chapter.
FOREST STAND — A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 4-10-1989 by Ord. No. 7-1989; amended 4-22-2013 by Ord. No. 005-2013]
FRONT FACADE — The side of a building that faces a street: corner buildings have two front facades.
[Added 11-28-2011 by Ord. No. 23-2011]
FRONT SETBACK — Location along a line drawn parallel with the street line or the front lot line and drawn through the point of a building or structure nearest to the street line or front lot line to establish the closest distance the front of the Building can be placed in relation to the front lot line.
[Added 11-28-2011 by Ord. No. 23-2011]
FUNERAL PARLOR — A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
[Added 11-28-2011 by Ord. No. 23-2011]
GARAGE, PRIVATE — A building for housing motor vehicles, with no provision for repairing or servicing such vehicles for profit.
GARAGE, PUBLIC — A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles, fuels or accessories, or in which any such vehicles are kept for hire.
GASOLINE FILLING STATIONS — Any area of land, including structures thereon, that is used for the sale of gasoline or other motor vehicle fuel, oil or lubricating substance and which may include the sale of motor vehicle accessories and facilities for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
GATEWAY DISTRICT — One of a group of districts clustered around the intersection of White Horse Pike and Route 54, within which certain regulations and requirements apply.
[Added 11-28-2011 by Ord. No. 23-2011]
GOVERNING BODY — The Town Council.
GRADE —
A. For buildings adjoining one street only, the elevation of the established curb at the center of the wall adjoining the street.
B. For buildings adjoining more than one street, the average of the elevations of the established curbs at the center of all walls adjoining streets.
C. For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. All walls approximately parallel to and not more than 15 feet from a street line are to be considered as adjoining a street.
GROUND FLOOR — The first floor of a building that is level with or elevated above the sidewalk, excluding basements and cellars.
[Added 11-28-2011 by Ord. No. 23-2011]
GROUND FLOOR RESIDENCE — Residence on the ground floor.
[Added 11-28-2011 by Ord. No. 23-2011]
GROUP SELECTION — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
HABITAT — The natural environment of an individual animal or plant, population or community.
HEALTH CARE FACILITY — The office of a medical doctor, doctor of dentistry, osteopath, chiropractor or similar practitioner, office or clinic, hospital, convalescent home, nursing facility or any other facility, which use is involved with the physical health of its users. 3
HISTORIC DISTRICT — An area designated by the Pinelands Commission, pursuant to the Comprehensive Management Code (N.J.A.C. 7:50-6.154), as having such historic, prehistoric, architectural, cultural or archaeological importance as to merit special protection, or such an area designated as the "Hammonton Historic District" on the Zoning District Map, subject to the regulations of § 175-107 of this chapter.
[Amended 4-10-1989 by Ord. No. 7-1989]
HISTORIC RESOURCE — 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.
[Amended 4-10-1989 by Ord. No. 7-1989; 6-12-1989 by Ord. No. 19-1989; 7-28-1997 by Ord. No. 10-1997] 4
HOME OCCUPATION — As defined in § 175-108 of this chapter.
HOME PROFESSIONAL OFFICE — As defined in § 175-109 of this chapter.
HOSPITAL — General hospital, as set forth in N.J.A.C. 8:43G-1.3(b)1, which shall include any hospital licensed by the New Jersey Department of Health and Senior Services, or any successor agency thereto, which maintains and operates organized facilities and services, including satellite or hospital-based off-site ambulatory care fealties, for the diagnosis, treatment or care of persons suffering from acute illness, injury or deformity and in which all diagnosis, treatment, and care are administered by or performed under the direction of persons licensed to practice medicine or osteopathy in the State of New Jersey.
[Added 3-22-2010 by Ord. No. 3-2010]
HOUSE OF WORSHIP — A special purpose building or structure, or a special purpose group of buildings or structures, that is architecturally designed, particularly adapted, and specifically constructed for the primary use of conducting, on a regular basis, formal, organized religious services and associated accessory uses, by a nonprofit, recognized, religious congregation or body.
[Added 11-28-2011 by Ord. No. 23-2011]
HYDROPHYTES — Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERMEABLE SURFACE —
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.
[Amended 4-22-2013 by Ord. No. 005-2013]
IMPERVIOUS SURFACE — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
INDIVIDUAL SELECTION — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
INDUSTRIAL — Manufacturing plants of a type which carry on processes within completely enclosed buildings; wholesale distribution centers for wholesale sales, storage and distribution, including facilities for bulk storage; enclosed service and repair facilities; equipment sales and service; business offices and office buildings; industrial plants not involving the synthesis of chemical products for direct industrial sale; research laboratories; and other light industrial uses of the same general character.
INSTITUTIONAL USE — Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities, such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; religious buildings; churches; cemeteries; public office buildings; and other similar facilities.
[Amended 4-10-1989 by Ord. No. 7-1989]
INTERESTED PARTY OR PERSON —
A. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey.
B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States have been denied, violated or infringed upon by an action or a failure to act under this chapter.
INTERIM RULES AND REGULATIONS — 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.
[Added 4-10-1989 by Ord. No. 7-1989]
INTERIOR LOT LINE — Any lot line other than one adjoining a street or public space.
JUNK- OR SALVAGE YARD — Any area or structure used or intended to be used for conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
JUNKYARD — Any lot of land on which junk is placed, collected, stored or kept.
JUNKYARD, APPROVED CHARITABLE OR NONPROFIT DROP-OFF DEPOSITORIES AND/OR RECYCLING CENTER — Any state or federally approved tax-exempt charitable or nonprofit organization may establish drop-off depositories for the purpose of collecting clothes or other similar items or for collecting materials to be used in recycling. The location of such depositories shall be reviewed by the Planning Board.
JUNKYARD, MOTOR-VEHICLE — Any business or any place of storage or deposit on property in the Town of Hammonton of two or more unregistered motor vehicles or two or more automobiles which, in the opinion of the Director of Public Safety, Construction Subcode Official or Zoning Officer, are unfit for reconditioning for use for highway transportation or used parts of motor vehicles or material which has been a part of a motor vehicle, the sum of which parts or materials shall, in the opinion of the Director of Public Safety, Construction Subcode Official or Zoning Officer, be equal in bulk to two or more motor vehicles.
JUNKYARD, USED BUILDING MATERIAL — Any person, firm or corporation who purchases, obtains or sells any used lumber or any other type of used materials.
JUNKYARD, USED RAGS, GLASS, PAPER AND SCRAP METAL — Any person, firm or corporation who purchases, obtains or sells any old discarded or unused waste iron or other metal or substance, glass, paper and rags.
LAND — Includes the surface and subsurface of the earth, as well as improvements and fixtures on, above or below the surface and any water found thereon.
LANDFILL — Sites, including open dumps, where solid waste, liquid and dry sewage, sludge and liquid and dry chemical waste are disposed of by land application, with or without the use of management practices or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered landfills.
LANDSCAPING — The installation of plant material or seed as a part of a development.
LAND USE ORDINANCES or LAND USE REGULATION — Any county or municipal ordinance or regulation which, in any way, regulates or affects the development of land.
LEACHATE COLLECTOR — Shall have the meaning attributed to the phrase by, and each such leachate collector shall conform to the requirements of, the New Jersey Solid Waste Administration.
LINER BUILDING — A building type that is a building or portion of a building constructed between the facade of a parking garage, supermarket, or other large building and that building's lot line to conceal large expanses of blank wall area. Liner buildings face the street with a facade that has ample doors and windows opening on to the sidewalk.
[Added 11-28-2011 by Ord. No. 23-2011]
LIVE-WORK BUILDING — A building type that is a variant of flex buildings and townhomes that combines living space with work space that is related to the livelihood of the building's occupants. All of these uses may occupy any story of the building. A live-work building may include one unit or multiple units, and may be an attached or detached unit.
[Added 11-28-2011 by Ord. No. 23-2011]
LOCAL COMMUNICATIONS FACILITY — An antenna and any support structure, together with any accessory facilities, which comply with the standards in N.J.A.C. 7:50-5.4 and which are 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.
[Added 7-28-1997 by Ord. No. 10-1997]
LOCAL PERMITTING OR APPROVING AGENCY — Any county or municipal official, department, agency or other body authorized to rule on any application for development.
LOCAL RETAIL — A use category applicable to certain building types in certain Downtown and Gateway Districts. Includes (but not limited to) grocery stores, meat markets, supermarkets, delicatessens, bakeries, drugstores, furniture stores, sporting good shops, gift shops, hardware stores, package liquor stores, pet shops, stationery stores, fabric stores, florists and jewelry stores, galleries, but excluding automobile sales.
[Added 11-28-2011 by Ord. No. 23-2011]
LOCAL SERVICE — A use category applicable to certain building types in certain Downtown and Gateway Districts. Includes (but not limited to) barber- and beauty shops, tailors, photographer's studios, retail dry-cleaning and laundering operations, appliance repair shops, shoe repair shops, upholsterers, newspaper/print shops and customer service centers.
[Added 11-28-2011 by Ord. No. 23-2011]
LOFT BUILDING — A building type that was formerly used as, or has been built to resemble an industrial factory or mill. Loft buildings contain multiple dwellings above and beside each other, multiple offices above and beside each other, and sometimes both. This building type occupies most of its lot width and is placed close to the sidewalk with parking hidden behind or next to it.
[Added 11-28-2011 by Ord. No. 23-2011]
LOT — Any parcel, tract or area of land separated from other parcels or portions and established by a lawful subdivision, plat, deed, or record, survey map, by metes and bounds description or otherwise permitted by law and to be used, developed or built upon as a unit.
A. CORNER LOT — A lot with at least two adjacent sides abutting upon intersecting streets or other public spaces.
B. INTERIOR LOT — A lot which faces on one street or with opposite sides on two streets and any other lot which is not a corner lot.
LOT AREA — The area contained within lot lines but not including any portion of a street. The minimum lot area of a lot fronting on a street proposed to be widened in accordance with the Town Official Map, when adopted, shall be the minimum area required for the district in which it is located, plus the additional area needed to anticipate the ultimate widening of the street.
LOT COVERAGE or COVERAGE — The area of the lot covered by all buildings and all impervious surfaces.
LOT DEPTH — The shortest horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.
LOT FRONTAGE — A lot line or portion thereof which is coexistent with a single street line. In the case of a street of undefined width, said lot line shall be assumed to parallel the center line of the street at a distance 25 feet there from. In the case of corner lots, the smaller of the two or more lot lines coexistent with street lines shall be considered as the frontage.
LOT LINE — A line dividing one lot from another or from a street or any public space.
LOT WIDTH — The distance between the side lot lines, measured at the minimum required building setback from the street line.
LOW INCOME HOUSEHOLD — A household with an annual income of less than 50% of the median income for Atlantic County or for the Standard Metropolitan Statistical Area.
MAINTENANCE BOND — Any security acceptable to the Town Council to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and in accordance with this chapter.
MAINTENANCE GUARANTY — Any security which may be accepted by the town for the maintenance of any improvements required by this chapter and as set forth in Article X of this chapter.
MAJOR SUBDIVISION — Refer to definition of "subdivision, major."
MANUFACTURED HOME — Any unit of housing consisting of one or more sections which were substantially constructed off-site and joined together on-site and which were manufactured in accordance with any construction code recognized by the United States Government or that of the State of New Jersey, which is not located in a mobile home park, which meets the Health Code of the State of New Jersey and that has perimeter walls. The manufactured housing shall have a width of not less than 22 feet.
MANUFACTURING — The processing and converting of raw, unfinished or finished materials or products or any of these into an article or substance of different character or for use for a different character or for use for a different purpose; also industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MASSAGE PARLOR — Any establishment, public or private, where physical contact is provided resulting in any specified sexual activity or sexual conduct.
MASTER PLAN, TOWN — A composite of one or more written or graphic proposals for the development of the town as set forth in and adopted pursuant to § 175-11 of this chapter. (See N.J.S.A. 40:55D-28.)
MAYOR — The chief executive of the town.
MEDIAN INCOME — The median of household income as determined from time to time by the United States Department of Housing and Urban Development to be the median.
MENTALLY ILL PERSON — A person who is afflicted with a mental illness, as defined in N.J.S.A. 30:4-23, 6 but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
MINOR SUBDIVISION — Refer to definition of "subdivision, minor."
MIXED-USE BUILDING — A building that includes more than one use: typically, those having different uses on the first floor and the upper floors of the building. A common example is a ground story commercial use with offices and/or residences on upper floors.
[Added 11-28-2011 by Ord. No. 23-2011]
MOBILE HOME — A structure, use or vehicle which is designed to be used as living quarters for long-term occupancy and contains plumbing and electrical connections for attachment to outside systems; and is designed for transportation after fabrication on streets or highways on its own wheels; and, upon delivery to the site, is ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary foundations, connections to utilities and the like.
[Amended 4-10-1989 by Ord. No. 7-1989]
MOBILE HOME PARK — A parcel or tract of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling purposes.
MODERATE INCOME HOUSEHOLD — A household with an annual income which is less than 80% of the median income for Atlantic County or the Standard Metropolitan Statistical Area.
MUNICIPAL AGENCY — The Town Planning Board or Zoning Board of Adjustment, or the Town Council when acting pursuant to this chapter and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
MUNICIPAL USE — The use of land, building or structures by the town or by any officially created authority or agency thereof.
[Added 11-28-2011 by Ord. No. 23-2011]
MUNICIPALITY — The Town of Hammonton, County of Atlantic and State of New Jersey.
NATURAL REGENERATION — The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Added 4-22-2013 by Ord. No. 005-2013]
NAVIGABLE WATER — Water capable of being traversed by pleasure craft.
NONCONFORMING BUILDING — A building legally existing at the effective date of this chapter which does not conform to the regulations of this chapter applicable to the district in which the building is located.
NONCONFORMING LOT — A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE — A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE — A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. 7
OCCUPANCY — The specific purpose for which land or a building is used, designed or maintained.
OFFICIAL COUNTY MAP — The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Atlantic County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP — A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.
OFF-SITE — Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-SITE COMMERCIAL ADVERTISING SIGN — 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.
OFF-TRACT — Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE — Located on the lot in question.
ON-TRACT — Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE — Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures and other improvements that are designed to be incidental to the natural openness of the land, but not including streets, off-street parking areas, stormwater facilities or any other areas required to be set aside for buffers or recreation areas by any other sections of this chapter.
[Amended 4-10-1989 by Ord. No. 7-1989]
OWNER — Any individual, firm, association, syndicate, co partnership, corporation or trust having sufficient proprietary interest in the land to be developed in order to commence and maintain proceedings to subdivide the same under this chapter.
PAD COMMERCE BUILDING — A building type that comprises one structure with a single commercial occupant, and is detached with side yards, a front yard, and a rear yard.
[Added 11-28-2011 by Ord. No. 23-2011]
PARCEL — 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.
[Amended 7-28-1997 by Ord. No. 10-1997]
PARK — An improved area of open space, designated or reserved for public recreational use.
[Added 11-28-2011 by Ord. No. 23-2011]
PARKING LOT, COMMERCIAL — Any lot or area other than a street which is devoted to the parking of automobiles, available for public use, whether in return for a fee or as an accommodation for clients or customers, and which is not directly operated by and on behalf of the use permitted in the zone in which located.
PARKING SPACE — An open space or garage, on a lot, used for parking motor vehicles to which there is access from a street.
PARTY WALL — A fire wall on an interior lot line used or adapted for joint service between two buildings.
PERFORMANCE GUARANTY — Any security, in accordance with the requirements of this chapter, which may be accepted in lieu of a requirement that certain improvements be made before the town approves a plat, including performance bonds, escrow agreements, letters of credit and other similar collateral or surety agreements.
PERMEABILITY — The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
[Added 4-22-2013 by Ord. No. 005-2013]
PERMIT — An official document or certificate issued by the authority having jurisdiction and authorizing performance of a specified activity.
PERMITTED USE — Any use of land or buildings as permitted by this chapter.
PERSON — An individual, corporation, public agency, business trust, partnership, co partnership, association, two or more persons having a joint or common interest or any other legal entity.
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (hereinafter referred to as "PWTEFS") — Accessory facilities serving PWTF and subordinate in area, extent and purpose and on the same lot as a telecommunications tower, antenna location or antenna support structures. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, electronic cabinets, equipment and security fencing.
[Added 8-23-2004 by Ord. No. 22-2004]
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (hereinafter referred to as "PWTFS") — Facilities for the provision of wireless communications services, including but not limited to antennas, antenna support structures, and telecommunications towers, other than PWTEFs.
[Added 8-23-2004 by Ord. No. 22-2004]
PINELANDS — The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA — That area designated as such by Section 10(a) of the Pinelands Protection Act.
PINELANDS COMMISSION — The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act. 8
PINELANDS DEVELOPMENT CREDIT — On certain other lands in the Pinelands Area, a use right allocated to certain lands within the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on certain other lands within the town and the Pinelands Area.
[Amended 4-10-1989 by Ord. No. 7-1989]
PINELANDS DEVELOPMENT REVIEW BOARD — 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.
[Added 4-10-1989 by Ord. No. 7-1989]
PINELANDS NATIONAL RESERVE — That area designated as such by Section 3(i) of the Pinelands Protection Act.
PINELANDS NATIVE FOREST TYPE - See N.J.A.C. 7:50-6.43.
[Added 4-22-2013 by Ord. No. 005-2013]
PINELANDS PROTECTION ACT — N.J.S.A. 13:18A-1 to 18A-29, as amended.
PINELANDS RESOURCE RELATED USE — 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. [Amended 4-10-1989 by Ord. No. 7-1989]
PLANNED COMMERCIAL DEVELOPMENT — An area of a minimum contiguous size, as specified by this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED DEVELOPMENT — Planned unit development, planned unit residential development, planned commercial development or planned industrial development.
[Amended 3-25-2002 by Ord. No. 12-2002]
PLANNED INDUSTRIAL DEVELOPMENT — An area of a minimum contiguous size, as specified by this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED UNIT DEVELOPMENT — An area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasipublic, commercial or industrial areas in such ranges or ratios of nonresidential uses to residential uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT — An area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING BOARD — The Town Planning Board established by § 175-13 of this chapter. (See N.J.S.A. 40:55D-23.)
PLANTING STRIP — The area between the curb and the sidewalk, intended to provide a buffer between pedestrians and vehicles, where grass and street trees are often located.
[Added 11-28-2011 by Ord. No. 23-2011]
PLANTS, THREATENED OR ENDANGERED — A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
[Amended 4-10-1989 by Ord. No. 7-1989]
PLAT — One or more maps of a subdivision or a site plan which show the location, boundaries and ownership of individual properties.
PODIUM BUILDING — A building type that is a variant of the liner building, but which has a small footprint on the ground level at the front of the lot with the rest of the lot devoted to parking spaces and auto circulation; with larger floors on the second floor (and higher floors, if applicable) above all or some of the parking spaces.
[Added 11-28-2011 by Ord. No. 23-2011]
PORCH — A covered area open to the outside except for a roof or support structures such as columns or railings, adjoining an entrance to a building.
[Added 11-28-2011 by Ord. No. 23-2011]
PRELIMINARY FLOOR PLANS AND ELEVATIONS — Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PRESERVATION AREA — That area so designated by Section 10(b) of the Pinelands Protection Act.
PRIME AGRICULTURAL LANDS — Those soils designated in the Atlantic County Soil Survey as Agricultural Capability Classes I and II.
PRINCIPAL BUILDING — A building in which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL USE — The main purpose for which a lot or building is used.
PRIVATE SCHOOL — A secondary or elementary school run and supported by private individuals or a corporation rather than by a public agency.
[Added 11-28-2011 by Ord. No. 23-2011]
PROFESSIONAL OFFICE — The office of a member of a recognized and legal profession maintained for the conduct of that profession, limited to doctors, dentists, architects, engineers, planners, lawyers, real estate agents, insurance brokers or similar licensed professionals.
[Added 11-28-2011 by Ord. No. 23-2011]
PROTECTION AREA — All land within the Pinelands Area which is not included in the Preservation Area.
PUBLIC AGENCIES — The Government of the United States of America, the State of New Jersey or any other state, their political subdivisions, agencies or instrumentalities, or any interstate and regional agencies exercising sovereign powers of government.
PUBLIC AREAS —
A. Public parks, playgrounds, trails, paths and other recreational areas.
B. Other public open spaces.
C. Scenic and historic sites.
D. Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT — The development or subdivision of land by the Town Council, School Board or any other officially created municipal agency or authority.
PUBLIC DEVELOPMENT PROPOSAL — A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC OPEN SPACE — An open space area conveyed or otherwise dedicated to the town, a town agency, Board of Education, state or county agency or other public body for recreational or conservational or other public uses.
PUBLIC SERVICE INFRASTRUCTURE — 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.
QUORUM — The majority of the full authorized membership of a town agency.
REAR SETBACK — Location along a line drawn parallel with the rear lot line to establish the closest distance the rear of the building can be placed in relation to the rear lot line.
[Added 11-28-2011 by Ord. No. 23-2011]
RECOMMENDED MANAGEMENT PRACTICE — The management program which employs the most efficient use of available technology, natural, human and economic resources.
RECORD TREE — The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 7-28-1997 by Ord. No. 10-1997]
RECREATIONAL FACILITY, INTENSIVE — Any recreational facility which does not satisfy the definition of "low-intensive recreational facility," including but not limited to golf courses, marinas, amusement parks, hotels and motels.
[Amended 4-10-1989 by Ord. No. 7-1989]
RECREATIONAL FACILITY, LOW-INTENSIVE — A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part II, 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.
[Amended 7-28-1997 by Ord. No. 10-1997] 10
RESIDENTIAL DEVELOPER — The erector of a new dwelling unit which increases the intensity of the use of the land or the division of land into two or more lots for residential purposes.
[Added 8-23-2004 by Ord. No. 21-2004]
RESOURCE CONSERVATION PLAN — A plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
RESOURCE EXTRACTION — 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.
[Amended 4-10-1989 by Ord. No. 7-1989]
RESOURCE MANAGEMENT SYSTEM PLAN — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
RESTAURANT — Any establishment however designated at which food is sold primarily for consumption on the premises.
[Added 11-28-2011 by Ord. No. 23-2011]
RESUBDIVISION —
A. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
B. The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
REVERSE FRONTAGE — Access to lots fronting on a major road from an accessory street, rather than a collector street.
RIGHT-OF-WAY — The total width and length of the course of a street, watercourse, utility alignment or other way and within which all improvements and right of access are confined.
ROOF — The roof slab or deck with its supporting members, not including vertical supports.
ROOF LINE — The highest point of a building, such as the peak of a pitched roof or a parapet.
[Added 11-28-2011 by Ord. No. 23-2011]
ROOF STRUCTURE — An enclosed structure on or above the roof of any part of a building.
ROOT RAKING — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
SCALE — The proportion of a structure's mass and bulk in relationship to other structures in the structure's neighborhood; or the relative size of a building, street fixture, sign, or other architectural element.
[Added 11-28-2011 by Ord. No. 23-2011]
SEASONAL HIGH-WATER TABLE — The level below the natural ground surface to which water seasonally rises in the soil in most years.
SEDIMENTATION — The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEED TREE CUT — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
SETBACK — The distance between the street line or property line and the building line.
[Amended 11-28-2011 by Ord. No. 23-2011]
SETBACK LINE — The line that is established a minimum horizontal distance from the lot line and beyond which the building or part of a building is not permitted to extend toward the lot lines. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on any adopted state, county or town master plan or official map, when adopted. This line shall be located at the building line.
SEXUAL CONDUCT — Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SHELTERWOOD CUT — 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 shelter wood cut involves the establishment of the new forest stand before the old forest stand is removed.
[Added 4-22-2013 by Ord. No. 005-2013]
SHOPFRONT — A ground floor facade, which is characterized by display windows and a building's main entrance. This facade is typically found on buildings that contain commercial uses on the ground floor, but have residential features such as a pitched rather than a flat roof.
[Added 11-28-2011 by Ord. No. 23-2011]
SHOPPING CENTER — A unified development of not less than three stores, shops or other commercial establishments, together with areas for internal circulation, parking and other accessory uses consisting of one or more lots under the same or separate ownership.
[Added 3-22-2010 by Ord. No. 3-2010]
SIDE SETBACK — Location along a line drawn parallel with the side lot line and drawn through the point of a building or structure nearest to the street line or front lot line.
[Added 11-28-2011 by Ord. No. 23-2011]
SIDEWALK — An improved path for pedestrian use outside the cartway.
[Added 11-28-2011 by Ord. No. 23-2011]
SIGHT TRIANGLE EASEMENT AT INTERSECTION AND/OR DRIVEWAY — A triangular shaped area established in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow more than three feet above the center-line grade of either street and/or driveway.
SIGN — 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 organization; 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.
SIGN, AREA OF — The area included within the frame or edge of the sign, including all lettering, wording, coloring and accompanying designs and symbols, together with the background where open or closed. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. The supporting framework and bracketing incidental to the display shall not be included.
SINGLE HOUSE — A building type in Downtown and Gateway Districts that comprises one dwelling unit, and is detached with small side yards, a front yard, and a rear yard. For single houses outside of these districts, see: "DWELLING UNIT, SINGLE FAMILY DETACHED."
[Added 11-28-2011 by Ord. No. 23-2011]
SITE COVERAGE or COVERAGE — The percentage of the gross site area covered by roads, paving, structures or other impervious coverage.
SITE PLAN, MAJOR — Any development plan of one or more lots which does not meet the definition of "minor site plan."
SITE PLAN, MINOR — A development plan of one or more lots which:
A. Does not propose the new construction of or any addition to a structure or building which will result in the building coverage of a property involved to be in excess of 5,000 square feet.
B. Does not require disturbance of more than 10,000 square feet of land area.
C. Does not involve planned development.
D. Does not involve any new street or extension of any off-tract improvements which is to be prorated pursuant to § 175-73 of this chapter.
E. Does not include off-street parking for more than 15 vehicles.
F. Contains the information reasonably required in order to make an informed determination whether the requirements established by this chapter for the approval of a minor site plan have been met.
G. Does not include commercial or industrial development on more than three acres.
SMALL WIND ENERGY SYSTEM — A wind energy system, as defined herein, that is used to generate electricity and has a name plate capacity of 10 kilowatts or less.
[Added 3-28-2011 by Ord. No. 4-2011]
SOLAR ENERGY SYSTEM — A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar functions through the use of solar panels.
[Added 3-28-2011 by Ord. No. 4-2011]
SOLAR PANEL — A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
[Added 3-28-2011 by Ord. No. 4-2011]
SPECIFIED ANATOMICAL AREA —
A. Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola.
B. Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY —
A. Human genitals in a state of sexual stimulation or arousal.
B. Any act of human masturbation, sexual intercourse or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. 11
STANDARDS OF PERFORMANCE — Standards adopted by ordinance (N.J.S.A. 40:55D-65d) regulating noise levels, glare, earth borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the town or required by applicable federal or state laws or other town ordinances. 12
STORY — That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.
STORY, FIRST — The lowermost story entirely above the grade plane.
STREET — Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
A. Which is an existing state, county or municipal roadway;
B. Which is shown upon a plat heretofore approved pursuant to law;
C. Which is approved by official action as provided by this chapter; or
D. Which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of the Planning Board and the grant to such Board of the power to review plats; and which includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STREET LINE — The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, when adopted, forming the dividing line between the street and a lot. In the case of a street of undefined width, said street line shall be assumed to parallel the center line of the street at a minimum distance of 25 feet there from.
STREET LOT LINE — The lot line dividing a lot from a street or other public space.
STREETSCAPE — Combined design elements within and along the public right-of-way. including streetlights, sidewalks, landscaping, street furniture, and signage.
[Added 11-28-2011 by Ord. No. 23-2011]
STRUCTURAL ALTERATION — 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.
STRUCTURE — A combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land.
STUDIO — The commercial use of premises for the production of dance, live music, creative writing, painting, drawings, pottery or sculpture, video, moving or still photography; teaching incidental to production, and for selling of products produced, in whole or majority part, in that facility. A studio use may have employees and signs, and may not engage in sexual conduct.
[Added 11-28-2011 by Ord. No. 23-2011]
SUBDIVIDER — Any individual, firm, association, syndicate, partnership, co partnership, corporation, trust or any legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another with the written consent of the owner.
SUBDIVISION —
A. 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:
B. Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.
C. Divisions of property by testamentary or intestate provisions.
D. Division of property upon court order, including but not limited to judgments of foreclosure.
E. Consolidation of existing lots by deed or other recorded instrument.
F. 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 this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the town.
G. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR — Any subdivision of land not classified as a minor subdivision.
SUBDIVISION, MINOR — A subdivision of land for the creation of an aggregate of not more than four lots (three new lots plus the remaining lot), provided that such subdivision does not involve a planned development, any new streets or the extension of any off-tract improvements, the cost of which is to be prorated pursuant to § 175-119 of this chapter (N.J.S.A. 40:55D-42); and not being a further division of an original tract of land for which previous minor subdivisions have been approved by any board within the five years past and where the combination of the proposed and approved minor subdivisions constitute a major subdivision. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
SUBMERGED LANDS — Those lands which are inundated with water throughout the year.
SUBSTANTIVE CERTIFICATION — A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions therein.
[Added 6-17-2002 by Ord. No. 28-2002; amended 8-26-2002 by Ord. No. 32-2002]
SWIMMING POOL — A structure artificially constructed in the ground, not fully within a building, which provides recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes.
TAKE-OUT RESTAURANT — An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
[Added 11-28-2011 by Ord. No. 23-2011]
TELECOMMUNICATIONS TOWER — A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures which are used for the transmission or receipt of radio frequency signals for wireless communications.
[Added 8-23-2004 by Ord. No. 22-2004]
THINNING — A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 4-22-2013 by Ord. No. 005-2013]
TOWNHOUSE — A building type in Downtown and Gateway Districts. A townhouse is comprised of a single residence on a lot which is attached to similar building types along a shared property line on each side, or on one side in the case of corner lots. Townhouse building types do not have side yards, except on corner lots, where the front door should be located along the longer of the front or side facades. For townhouses outside of these districts, see: "DWELLING UNIT. SINGLE FAMILY ATTACHED".
[Added 11-28-2011 by Ord. No. 23-2011]
TRACT — An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended.
TRAFFIC IMPACT STUDY — A report prepared by a NJ Licensed Professional Engineer (P.E.) or Board Certified Professional Traffic Operations Engineer (PTOE) which analyzes the traffic impact of the proposed development using generally accepted traffic engineering standards, and identifies any impact mitigation measures necessary to accommodate the development's traffic impact.
[Added 11-28-2011 by Ord. No. 23-2011]
TRANSCRIPT — A typed or printed verbatim record of the proceedings or a reproduction thereof.
TWIN — A building type in downtown and gateway districts that is a variant of a townhouse building type: a semidetached building that consists of two dwelling units that abut along a shared property line. A twin building type has one small side yard, one front yard, and one rear yard. For twins outside of these districts, see: "DWELLING UNIT, TWIN OR TWO-FAMILY"
[Added 11-28-2011 by Ord. No. 23-2011]
UPPER FLOOR — Any floor of a building that is above the ground floor and can be occupied.
[Added 11-28-2011 by Ord. No. 23-2011]
USE — The purpose for which the building, structure or site is designed, used or intended to be used.
UTILITY DISTRIBUTION LINES — 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.
[Amended 4-10-1989 by Ord. No. 7-1989; 7-28-1997 by Ord. No. 10-1997]
VARIANCE — Permission to depart from the literal requirements of this chapter and based upon the standards of this chapter.
VEGETATION — Any plant material, including grasses, shrubs and trees.
WALL — A structural member which also serves to separate space.
WETLANDS — Those areas where the substrate is inundated or saturated by surface or ground water at a frequency, magnitude and duration sufficient to support, and, under normal circumstances, does support, a prevalence of vegetation adapted for life in saturated soil conditions known as "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. The Town of Hammonton does not have any area of coastal wetlands classification, but does possess inland wetlands, including submerged lands as defined in N.J.A.C. 7:50-6.3 and 50-6.5.
[Amended 4-10-1989 by Ord. No. 7-1989]
WETLANDS MANAGEMENT — 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.
[Added 4-22-2013 by Ord. No. 005-2013]
WIND ENERGY SYSTEM — A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vein, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
[Added 3-28-2011 by Ord. No. 4-2011]
WIND TURBINE — Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
[Added 3-28-2011 by Ord. No. 4-2011]
WIRELESS COMMUNICATIONS — Any personal wireless service as defined in the Federal Telecommunications Act of 1996 (FTA), and other FCC-licensed commercial wireless telecommunications services, which include cellular, personal communications services (PCS), specialized mobile radio SMR, enhanced specialized mobile radio (ESMR), paging, and similar services which currently exist or may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
[Added 8-23-2004 by Ord. No. 22-2004]
YARD — An unoccupied, unobstructed open space other than a court and adjacent to a building. Porches and bay windows shall be considered a part of the building. Overhanging eaves, gutters and cornices of two feet or less shall not be considered an infringement of the requirements.
YARD, FRONT — An open, unoccupied space on the same lot with the principal building, extending the full width of the lot situated between the street line and the building line projected on the side lines of that lot, exclusive of overhanging eaves, gutters, cornices and steps.
YARD, REAR — An open, unoccupied space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building, exclusive of overhanging eaves, gutters, cornices and steps; the yard directly opposite the chosen front yard. The depth of the rear yard shall be measured at right angles to the rear line of the lot.
YARDS, GENERAL REQUIREMENTS FOR — As to a front, rear or side yard, easements on adjacent properties shall not be used in order to fulfill the requirements for each such yard.
YARD, SIDE — An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be. The width of a side yard will be measured at right angles to the side line of the lot. Overhanging eaves, cornices and steps are excepted.
ZONE — The area of the town also referred to and defined as a "district."
ZONING — The reservation of certain specified areas within a community or city for building and structures or use of land for certain purposes, with other limitations such as height, lot coverage and other stipulated requirements.
ZONING PERMIT — A document signed by the administrative officer:
A. Which may be required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
B. Which acknowledges that such use, structure or building complies with the provisions of this chapter or variance there from duly authorized by a municipal agency pursuant to this chapter.
Notes
| 2 | 2. Editor's Note: This ordinance also repealed the former definition of "certificate of conformity," which immediately followed this definition. |
| 3 | 3. Editor's Note: The former definition of "cluster development," which immediately followed this definition, was repealed 3-25-2002 by Ord. No. 12-2002. |
| 3 | 3. Editor's Note: The former definition of "Historic, Archaeological and Cultural Preservation Board," which immediately followed this definition, was repealed 4-10-1989 by Ord. No. 7-1989. |
| 4 | 4. Editor's Note: The former definition of "historic site," which immediately followed this definition, was repealed 4-10-1989 by Ord. No. 7-1989. |
| 6 | 6. Editor's Note: N.J.S.A. 30:4-23 was repealed by L. 1987. c. 116, § 30, effective June 7, 1989. See now N.J.S.A. 30:4-27.2. |
| 7 | 7. Editor's Note: The former definition of "notice of filing," which immediately followed this definition, was repealed 4-10-1989 by Ord. No. 7-1989. |
| 8 | 8. Editor's Note: The former definition of "Pinelands development approval," which immediately followed this definition, was repealed 4-10-1989 by Ord. No. 7-1989. |
| 9 | 9. Editor's Note: this article also repealed the former definition of "public services," which immediately followed this definition. |
| 10 | 10. Editor's Note: The former definition of "residential cluster," which immediately followed this definition, was repealed 3-25-2002 by Ord. No. 12-2002. |
| 11 | 11. Editor's Note: The former definition of "specimen tree," which immediately followed this definition, was repealed 7-28-1997 by Ord. No. 10-1997. |
| 12 | 12. Editor's Note: The former definition of "standard subsurface sewage disposal system," added 4-10-1989 by Ord. No. 7-1989, was repealed 7-28-1997 by Ord. No. 10-1997. |
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