Township of Evesham, NJ General Provisions

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Article I General Provisions

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§ 160-1 Purpose and declaration.

§ 160-2 Long title.

§ 160-3 Short title.

§ 160-4 Purpose and intent.

§ 160-5 Word usage; definitions.

§ 160-6 Conformity required; more restrictive provisions to apply.

§ 160-7 Reduction of lot area prohibited.

§ 160-8 Enforcement.

§ 160-9 Permit required; inspections.

§ 160-10 Violations and penalties.

§ 160-1 Purpose and declaration.

The purposes of this chapter, which is adopted in the exercise of the municipal police power and in the exercise of those powers expressly conferred by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are the following:

(1)

To encourage municipal action to guide the appropriate use or development of all lands in this state, in a manner which will promote the public health, safety, morals and general welfare;

(2)

To secure safety from fire, flood, panic and other natural and man-made disasters;

(3)

To provide adequate light, air and open space;

(4)

To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, Burlington County and the state as a whole;

(5)

To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;

(6)

To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

(7)

To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;

(8)

To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;

(9)

To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

(10)

To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land;

(11)

To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development of the particular site;

(12)

To encourage senior citizen community housing construction;

(13)

To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;

(14)

To promote utilization of renewable energy sources;

(15)

To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs;

(16)

To establish a pattern for the use of land and buildings based on the Evesham Master Plan and the Pinelands Comprehensive Management Plan.

In adopting this chapter, the Township Council has received and considered the land use plan element and the housing plan element of the Evesham Township Master Plan adopted by the Planning Board of the Township of Evesham. The Township Council declares that this Zoning Ordinance is substantially consistent with the said land use plan element or is designed to effectuate such plan elements.

§ 160-2 Long title.

A comprehensive ordinance limiting and restricting building and structures to specified districts and regulating buildings and structures according to their type and the nature and extent of their use, and regulating the nature and extent of the use of land for trade, industry, residence, open space or other purposes; regulating the bulk, height, number of stories, orientation and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions (performance regulations); and for these purposes specifying floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including but not limited to the potential for utilization of renewable energy sources; providing districts for planned developments. Establishing standards governing the type and density, or intensity of land use, in a planned development. Said standards shall take into account that the density, or intensity of land use, otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density or intensity of land use otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of common open space; the location and physical characteristics of the site of the proposed planned development; and the location, design and type of dwelling units and other uses. Such standards may, in order to encourage the flexibility of housing density, design and type, authorize a deviation in various residential clusters from the density, or intensity of use, established for an entire planned development; providing for conditional uses; providing for senior citizen community housing; requiring that as a condition for any approval, no taxes or assessments for local improvements are due or delinquent on the property for which any application is made; designating historic sites or historic districts, regulating them and providing design criteria and guidelines for this regulation; adopting a Zoning Map of Evesham Township showing boundaries and the classification of districts; and prescribing penalties for the violation of this chapter.

§ 160-3 Short title.

The short form by which this ordinance may be known shall be "The Land Use Development Ordinance of the Township of Evesham."[1]

[1]

Editor's Note: The following chapters were all adopted 7-18-2000 by Ord. No. 6-3-2000 and jointly comprise the Land Development Ordinance of the Township of Evesham: Ch. 12A, Historic Preservation Commission; Ch. 15, Land Use Administration; Ch. 62, Subdivision and Site Plan Design Standards; Ch. 78, Flood Damage Prevention; Ch. 94, Land Use Regulations; Ch. 127, Site Plan Review; Ch. 133, Streets, Sidewalks and Parking Lots; Ch. 135, Subdivision of Land; Ch. 160, Zoning; and Ch. 161, Zoning Modifications and Additional Requirements.

§ 160-4 Purpose and intent.

Given the intent and purpose of this chapter to exercise the authority delegated to municipalities under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., as amended, and to conform to the Evesham Township Master Plan, it is the further intent and purpose of this chapter to adhere to the purposes of the Municipal Land Use Law and Evesham Township Master Plan:

To encourage municipal action to guide the appropriate use or development of all lands in this state, in a manner which will promote the public health, safety, morals and general welfare;

To secure safety from fire, flood, panic and other natural and man-made disasters;

To provide adequate light, air and open space;

To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;

To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight;

To promote a desirable visual environment through creative development techniques and good civic design and arrangements;

To encourage senior citizen community housing construction;

To promote utilization of renewable energy sources;

To encourage a wide variety of housing opportunities, varied in both a socioeconomic sense as well as site and building forms;

To limit the availability of land designated for office and retail use to actual market demand;

To limit commercial development to Evesham Township's major arterials (Route 70 and Route 73) and to concentrate development nodes (such as Evesboro and Kings Grant);

To limit future residential development to those areas already developed and having infrastructure in place, with the result of farmland and open space preservation, possibly accepting the development of a new village center in an appropriate location;

To improve the visual appearance and traffic circulation along Evesham Township's primary transportation corridors (Route 70 and Route 73), emphasis to be placed upon more landscaping, less signage, expanded sidewalk systems and more cross-access between sites to lessen the existing "strip commercial development" character of these areas;

To preserve more open space and farmland through mechanisms such as Township acquisition, easements, transfer of development rights and density bonuses;

To provide more recreation facilities for both passive and active recreation, especially for teenagers;

To promote intermunicipal coordination and cooperation as a means of effectively implementing the Master Plan.

§ 160-5 Word usage; definitions.

In the interpretation of this chapter, the provisions and rules set forth below shall be observed and applied, except when the context or the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., clearly requires otherwise:

(1)

Words used or defined in one tense or form shall include other tenses and derivative forms.

(2)

Words in the singular shall include the plural, and words in the plural shall include the singular.

(3)

The masculine gender shall include the feminine, and the feminine gender shall include the masculine.

(4)

The word "shall" is mandatory.

(5)

The word "may" is permissive.

(6)

In case of any difference of meaning or implication between the text of this chapter and any caption, the text shall control.

As used in this chapter, the following words or terms shall have the meanings indicated:

ACCESS: A single vehicular entrance and/or exit combination between a street and a lot.

ACCESSORY STRUCTURE OR BUILDING: A building or structure which is detached from a principal building or structure on the same lot and which is customarily incidental and subordinate to the principal building or structure. Any accessory building attached to the principal building shall be considered part of the principal building.

ACCESSORY USE: A use of land or a building or portion thereof customarily incidental and subordinate to the principal use of the land or building, located on the same lot with the principal use.

ACCESS ROADS: Private streets, roads or highways; includes only those streets, roads or highways dedicated to but not accepted by the Township, those intended to be dedicated to the Township and those not intended to be dedicated to the Township but open for public use.

ADDITION: The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior appearance of the building or structure.

ADMINISTRATIVE APPROVAL: An approval issued by the administrative officer following referral to an action by the Chairman of the Township Historic Preservation Commission, in place of action of the full Commission, and in accordance with the provisions of N.J.S.A. 40:55D-111.

ADMINISTRATIVE OFFICER: The Township Manager of the Township of Evesham, Burlington County, New Jersey, unless a different municipal official is designated by the Township Manager to administer certain of the responsibilities and authorities specified for the administrative officer in N.J.S.A. 40:55D-1 et seq.

ADT (average daily traffic): The average number of cars per day that pass over a given point.

ADULT BOOKSTORE: Any building or structure which contains or is used for the display of books, magazines, movie films, still pictures and/or any and all other written materials, photographic materials, novelties, devices and related sundry items which are distinguished or characterized by their emphasis on material depicting, describing, simulating or relating to specified sexual activities or specified anatomical areas.

ADULT MERCHANDISE: Items, devices or paraphernalia which are intended to be used for, or as an aid to, specified sexual activities, or merchandise which simulates or represents specified anatomical areas.

ADULT RETAIL: An establishment having, as a substantial or significant portion of its stock-in-trade, adult merchandise as defined herein.

ADULT USE: An adult bookstore or adult retail use as defined herein.

AFFECTING A LANDMARK OR HISTORIC DISTRICT: Any development activity which alters the exterior architectural appearance of an historic landmark or any improvement within an historic district.

AGGRESSIVE SOILS: Soils which may be corrosive to cast iron and ductile iron pipe. These soils represent approximately 5% of the soils found within the United States and include dump areas, swamps, marshes, alkaline soils, cinder beds, polluted river bottoms, etc., which are considered to be potentially corrosive.

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.

AGRICULTURAL USE: The use of land for common farm activities, including but not limited to production, harvesting, storage, grading, packaging, processing, and use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing. Reference(s) to agricultural use(s) in this Code shall be deemed to include references to horticultural and/or silvicultural use(s), provided that all silvicultural uses shall remain subject to the standards and requirements of § 160-25.

AISLE: The traveled way by which cars enter and depart parking spaces.

ALLEY: A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

ALTERATION: Any work done on any existing improvement which:

ALTERATIONS OR ADDITIONS, STRUCTURAL: Any change in or additions to the supporting members of a building such as walls, columns, beams, girders, posts or piers.

ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM: An individual on-ite wastewater treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10, Part IV:
[Amended 8-17-2004 by Ord. No. 21-8-2004]

ALTERNATIVE TOWER STRUCTURE: A mounting structure that camouflages or conceals the presence of antennas or towers.

ANIMAL KENNEL: Any building, structure or premises in which animals are kept, boarded, bred or trained for commercial gain.

ANIMAL, THREATENED OR ENDANGERED: As defined in N.J.S.A. 23:2A-1 et seq.

APPLICANT: Any private person, persons or any representative of any private entity, private organization, association, or public agency with legal authority to make an alternation, addition, renovation, repair or demolish a structure that is governed under this chapter.

APPLICATION FOR DEVELOPMENT (NON-PINELANDS): The application form and all accompanying documents required by ordinance for any approval of a subdivision plat, site plan, planned development, general development plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36, or any such form mandated in accordance with the New Jersey Residential Site Improvement Standards.

APPLICATION FOR DEVELOPMENT (PINELANDS): Any application, filed with any permitting agency, for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in Chapter 15, § 15-33.

APPROVING AUTHORITY: The Planning Board or Board of Adjustment of the municipality unless a different agency is designated by ordinance.

AQUIFER: An underground bed or stratum of earth, rock or other similar natural material that contains water valuable either for maintaining the natural flow of streams, ponds, wetlands, and other bodies of surface water, or for human use.

AQUIFER RECHARGE AREA: An area important to the replenishment of an aquifer.

ARCADE: Any building or place which makes available four or more coin-operated or token-operated machines which are for the purpose of skill and amusement.

ARCHITECTURAL FEATURE: Any element or resource of the architectural style, design or general arrangement of a structure that is visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, type, color and texture of the building materials, signs and other decorative and architectural elements.

ARTICLE OF VALUE: Any goods, wares, merchandise, foods, liquids, meats, fishes, vegetables, fruits, garden truck farm produce or provisions or other things which may be sold or purchased by persons for a value.

ARTIFICIAL REGENERATION: The establishment of tree cover through direct or supplemental seeding or planting.
[Added 7-25-2012 by Ord. No. 20-7-2012]

ASSISTED LIVING: A coordinated array of supportive personal and health services, available 24 hours per day, to residents who have been assessed to need these services, including residents who require formal long-term care. Assisted living promotes resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity, and homelike surroundings.

ASSISTED LIVING RESIDENCE: A facility which is licensed by the Department of Health, in accordance with N.J.A.C. 8:36, to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, to four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on to unit entrance.

BACKHAUL NETWORK: The lines than connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers or the public switched telephone network.

BASEMENT: The portion of a structure that is partly below grade which has more than 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground with a floor-to-ceiling height of not less than 6 1/2 feet. A basement shall be counted as a story if used for business, commercial or industrial purposes.

BED-AND-BREAKFAST: A building used for the temporary lodging of transient guests which is operated by a permanent resident of the building. Not more than six guest rooms, without cooking facilities in the guest rooms, are permitted.

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 7-25-2012 by Ord. No. 20-7-2012]

BEDROOM: A room designed primarily to be slept in.

BERM: A mound of soil, either natural or man-made.

BICYCLE LANE: A lane at the edge of a roadway reserved and marked for the use of bicycles.

BIKEWAY: A pathway usually separated from the roadway, designed to satisfy the physical requirements of bicycling.

BILLBOARD: A sign which directs attention to a business or use sold or offered at a location other than the premises on which the sign is located.

BOARD: The Planning Board or the Zoning Board of Adjustment of the Township of Evesham, as the case may be.

BOARDINGHOUSE: A dwelling or part thereof, in which lodging is provided to more than three boarders.

BOARD OF ADJUSTMENT: The Zoning Board of Adjustment established pursuant to N.J.S.A. 40:55D-69.

BOUNDARIES OF LOT: The boundary lines of a parcel or plot of land as fixed by recorded deed of conveyance or by a map filed in the office of the County Clerk; provided, however, that where any boundary line of a plot is located within the side lines of a street, road, highway or alley, the boundary line of the lot shall be deemed to be the right-of-way line of such street, road, highway or alley.

BROADCAST SCARIFICATION: A silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce aboveground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
[Added 7-25-2012 by Ord. No. 20-7-2012]

BUFFER: An area within a property site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of intrusion on and/or sound from the site to adjacent sites or properties. No improvements or structures shall be permitted in any buffer.

BUFFER, PERIMETER: Plantings placed along the perimeter of a tract, along arterial street rights-of-way and around the perimeters of stormwater management basins, to soften views of a development from off-tract, or portions of a development from within the tract.

BUFFER, SCREENING: Plantings placed between incompatible land uses or zoning districts, and on reverse frontage lots, to screen views of the adjacent property or use.

BUILDING: A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy, and usually, but not necessarily, having a roof.

BUILDING COVERAGE: The area occupied by all the buildings on a lot measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.

BUILDING FACE OR WALL: All of the window and wall area of a building in one plane or elevation.

BUILDING HEIGHT: See definition of "height of building or structure."

BUILDING, PRINCIPAL: A structure in which is conducted the principal use of the site on which it is situated.

BUSINESS SERVICES, GENERAL: Establishments primarily engaged in providing services to business establishments on a fee or contract basis without limitation as to frequency of use. Examples, without limitation, would include equipment repair services; telephone answering services; marketing offices; mass mail distribution businesses; and similar uses.
[Added 2-25-2003 by Ord. No. 3-2-2003]

BUSINESS SERVICES, NEIGHBORHOOD: Establishments primarily engaged in providing services to business establishments on a fee or contract basis which are commonly utilized by customers on an on-going and reasonably frequent basis. Examples, without limitation, would include public or private mailbox services; parcel forwarding services; and similar uses.
[Added 2-25-2003 by Ord. No. 3-2-2003]

CALIPER: The diameter of a tree trunk, measured at a point six inches above grade for trees of four inches' caliper or less and 12 inches above grade for trees of greater than four inches' caliper. This primarily refers to nursery stock.

CAMP: 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.

CAMPER

(1)

A self-propelled vehicular structure built as one unit on a chassis and designed or intended for temporary living for travel, recreation, vacation or other short-term uses which may contain cooking, sleeping, and sanitary facilities.

(2)

An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed or intended to be attached to the body of another vehicle for transporting from one location to another.

(3)

A portable vehicular structure built on a chassis, designed or intended for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four-foot level for camping activities.

(4)

A portable structure built on a chassis, designed or intended for towing and as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight feet and a length not exceeding 30 feet, and which may contain cooking, sleeping and sanitary facilities.

CAPITAL IMPROVEMENT: A governmental acquisition of real property or major construction project.

CAPITAL IMPROVEMENTS PROGRAM: A proposed schedule of all future capital improvements listed in order of construction priority together with cost estimates and the anticipated means of financing each 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 that portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.

CELLAR: See definition of "basement."

CEMETERY: A use of land for the burial of the dead.

CERTIFICATE OF APPROPRIATENESS: The certificate issued by the administrative officer that is required prior to rehabilitation, restoration, renovation, alteration, repair or demolition undertaken within an historic district or historic structure.

CERTIFICATE OF APPROPRIATENESS (Pinelands legislation): An approval of the Planning Board pursuant to N.J.A.C. 7:50-6.156.

CERTIFICATE OF OCCUPANCY: A statement signed by the appropriate official signifying conformity of a structure with the Uniform Construction Code.

CHANGE OF USE: Any use that substantially differs from the previous use of a building or land. For the purpose of this definition, "substantially different" relates to the quality, character, and intensity of the use viewed in their totality.
[Added 3-8-2016 by Ord. No. 6-2-2016]

CHANNEL: The bed and banks of a watercourse which convey the constant or intermittent flow of the watercourse.

CHILD-CARE CENTER: Any home or facility, by whatever name known, which is maintained for the care, development or supervision of six or more children under 13 years of age who attend for less than 24 hours a day. For a facility that is located in a sponsor's home, the New Jersey Department of Human Services shall not count the children residing in the sponsor's home in determining whether the facility is serving the minimum number of children that would require it to be licensed as a center.

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.

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. Clearcutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.
[Added 7-25-2012 by Ord. No. 20-7-2012]

CLEARING LIMIT RATIO: The ratio determined by dividing the disturbed area of a lot or tract by the total area of that lot or tract, expressed as a decimal number and indicating the portion of a lot from which vegetation may be removed.

CLUB: A private organization principally for the enjoyment of outdoor recreation such as golf, tennis, swimming, riding, hiking and fishing. Accessory facilities may be included if clearly subordinate to the outdoor use such as covered tennis courts fewer in number than open courts, year-round pools, lockers and incidental eating and social functions.

CLUSTER or CLUSTER DEVELOPMENT: An area to be developed as a single entity according to a plan containing residential housing units on lots of reduced area (based on standard or conventional lot sizes required in a particular zone) which have a common or public open space area as an integral part of the design.

COLLOCATION: The attachment of commercial wireless telecommunications antenna to an existing tower.

COMMERCIAL PREMISES: A building or buildings, or any part thereof, and the lot or tract of land upon which the building or buildings are situated where commercial or general business or industrial or manufacturing or professional office activity of any nonresidential use takes place and is permitted by the zoning provisions of the Township of Evesham.

COMMERCIAL RECREATION: A retail enterprise consisting of health clubs, spas, arcades, golf courses, tennis or racquetball and any other similar facilities operated as a business and open to the general public for a fee.

COMMERCIAL VEHICLES

(1)

COMMERCIAL

Any vehicle propelled otherwise than by muscular power, including trailers, semitrailers or other types of vehicles designed to be drawn by a motor vehicle, except such vehicles as fall within the definition of "passenger automobile" set forth in N.J.S.A. 39:1-1 et seq.

(2)

TRACTOR

A truck with a driver's cab and no body, which is used for hauling large trailers.

COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES: Licensed commercial wireless telecommunications services, including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.

COMMISSION: The Pinelands Commission created pursuant to Section 4 of the Pinelands Protection Act.[1]

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.

COMMON PROPERTY: Land or water, or a combination of land and water, together with improvements, designed and intended for ownership, use and responsibility by the tenants and owners of the dwelling units in the development or by a homeowners' association comprised of same. Common property may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES: A 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 persons with head injuries, 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, supervised apartment living arrangements, and hostels.

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 hostels. Such a residence 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 community residence housing mentally ill persons, such a 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 New Jersey Department of Human Services. See developmentally disabled person and mentally ill person.

COMMUNITY RESIDENCE FOR THE TERMINALLY ILL: Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.

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 the New Jersey 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 the 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.

COMPENSATORY PLANTING: The planting of new plants and/or trees to either replace or compensate for existing viable plants being removed from a tract of land, at a specific ratio based on the diameters of the existing trees.

COMPLETE APPLICATION: An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by a checklist adopted by ordinance for approval of the application for development, including, where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency subsequently may require such additional information not specified in the ordinance, 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. An application shall not be deemed incomplete for lack of any such additional information or any revision 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 municipal agency 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 municipal agency. In the Pinelands Area of the Township, an application for development approval shall not be deemed complete until, in the case of minor development, the applicant has presented evidence that a duplicate copy of the application has been filed with the Pinelands Commission or, in the case of major development, a complete application for a certificate of filing, as required by N.J.A.C. 7:50-4.34 or 7:50-4.82, has been submitted.

COMPREHENSIVE MANAGEMENT PLAN: The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.[2]

CONDITIONAL USE: A use permitted in a particular zoning district only upon a showing that such use in a 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.

CONGREGATE/INDEPENDENT RESIDENTIAL FACILITIES: Apartments and individual residential units along with common areas for communal dining, activities and socializing along with a package of services such as housekeeping, organized social and recreational activities, transportation services, emergency care, and other support services appropriate for the elderly and designed to provide a relatively independent lifestyle. Combined with assisted living facilities in the same location, congregate/independent residences may be part of a continuing care community. Congregate/independent living arrangements typically do not require any entry fee.
[Added 6-19-2007 by Ord. No. 10-6-2007]

CONSERVATION EASEMENT: An easement generally prohibiting the construction of buildings and intended for protection of environmentally sensitive areas, including mature tree stands, floodplains, important views and critical areas as defined by this chapter.

CONSTRUCTION: The construction, 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.

CONTINUING CARE RETIREMENT COMMUNITY: Age-restricted development that provides a continuum of accommodations and care from independent living to long term bed care and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee.
[Added 12-19-2006 by Ord. No. 33-11-2006]

CONVENTIONAL DEVELOPMENT: Development other than planned or clustered development.

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 7-25-2012 by Ord. No. 20-7-2012]

COPY: The wording or graphics on a sign surface.

COVERAGE, LOT: The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All surfaced parking areas and all required parking areas which are permitted to remain unsurfaced shall be included in the computation of lot coverage.

CRITICAL AREAS: Water bodies (including streams, ponds and lakes), one-hundred-year floodplains, wetlands and slopes over 25%.

CUL-DE-SAC: A local street with only one outlet and having the other end for the reversal of traffic movement.

CULTURAL RESOURCE INVENTORY: The municipal-wide inventory of cultural resources that was undertaken by J.W. Foster and R.P. Guter in 1985 and the municipal-wide inventory of cultural resources that was prepared by Preservation Design Partnership of Philadelphia, PA, in 1996.

DAM: A permanent structure designed and intended to control or meter the flow of surface water.

DAY-CARE CENTER: A licensed facility, the principal of which is the provision of custodial care of persons, for a period not to exceed 18 hours within a single day in return for the payment of tuition, fees, or other compensation. Day care may include care of either children or adults who are unable to care for themselves because of diminished capabilities. See also the definition of "family day-care home."

DECIDUOUS: Plants that drop their leaves before becoming dormant in the winter.

DECK: An outside accessory structure constructed above ground level, without a roof.

DEMOLITION: The partial or total razing or destruction of any landmark or of any improvement, or any historic landmark or of any improvement within an historic district.

DENSITY: The permitted number of dwelling units per gross area of land to be developed.

DESIGN FLOOD (FLOODWAY OR FLOOD HAZARD AREA): The relative size or magnitude of a flood, expressed as a design discharge in cubic feet per second, which is developed from hydrologic criteria; represents a major flood or reasonable expectancy; reflects both flood experience and flood potential; and is the basis of the delineation of the floodway and the flood hazard area and the water surface elevations thereof in the floodplain reports.

DESIGN FLOOD PROFILE (FLOOD OR FLOOD HAZARD AREA): The elevations of the water surface of the floodway design flood and the flood hazard area design flood as shown on the flood map included in the floodplain report.

DETENTION BASIN: A man-made or natural water collector facility, not located or constructed in any buffer or residential building lot, designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

DEVELOPABLE LAND (NON-PINELANDS): Where no public sanitary sewer is available, privately held nonwetland lands having a depth to the seasonal high-water table of greater than two feet, as measured from the existing ground surface. Where a public sanitary sewer is available, privately held nonwetland lands having a depth to the seasonal high-water table exceeding 1 1/2 feet.

DEVELOPABLE LAND (PINELANDS): Where no public sanitary sewer is available, privately held nonwetland lands having a depth to the seasonal high-water table of greater than five feet in those areas where on-site sewerage disposal is required, as measured from the existing ground surface and satisfying the standards for septic disposal systems in this chapter and/or any other applicable governmental regulations. Where a public sanitary sewer is available, privately held nonwetland lands having a depth to the seasonal high-water table exceeding 1 1/2 feet.

DEVELOPER: The legal or beneficial owner or owners of a lot or of any land proposed to be included in a development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT (NON-PINELANDS): The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation, landfill, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.

DEVELOPMENT (PINELANDS): 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:

DEVELOPMENT REGULATION: A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, adopted pursuant to the Municipal Land Use Law.

DIAMETER INCHES: The sum total of the diameters, in inches, of existing viable trees being removed from a tract of land, for which proportional compensation is required.

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 7-25-2012 by Ord. No. 20-7-2012]

DISREPAIR: The condition of being in need of repairs; a structure or building in disrepair.

DISTRICT, ZONING: A portion of the territory of the Township within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.

DISTURBANCE: Any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.

DIVERSION: A channel, with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.

DIVIDER STRIP: A raised planting area, perpendicular to and running the length of a row of parking spaces, to define vehicular circulation and provide an area for landscaping within a parking lot.

DRAINAGE: The removal of surface water or groundwater from land by drains, grading, or other means, and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for this biological function as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE OR 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 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 or as described in the Pineland Commission's Comprehensive Management Plan.

DRIPLINE: The perimeter line on the ground, measured from the outermost edge of the vertical plane established by the branches of a tree.

DRIVEWAY: A paved or unpaved area used for ingress and egress of vehicles, and allowing access from a street to a building or other structure or facility.

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 7-25-2012 by Ord. No. 20-7-2012]

DWELLING UNIT: A room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

EASEMENT: A right to use the real property of another or a restraint from doing something otherwise lawful on one's land, created by deed or other legal means, for the benefit of private persons or the public, for one or more specific purposes such as access, drainage, provision of utility services, conservation or agricultural purposes.

ELECTRIC TRANSMISSION LINES: Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and:

ELECTRIC TRANSMISSIONS FACILITY: Towers, plants, generating facilities or substations.

ELECTRONIC DISTRIBUTION LINES: All electric lines other than electric transmission lines.

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 that portion of a tract of land occupied by an existing use.

ENVIRONMENTAL CONSTRAINTS: Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

ENVIRONMENTAL IMPACT STATEMENT: A written and graphic statement describing, analyzing and assessing the anticipated effects of a proposed development on environmental constraints and critical lands pursuant to this chapter.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

ESCROW: A deed, bond, money, or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

EXCAVATION: The result of any act by which soil or rock is cut into, excavated, dug, quarried, uncovered, removed, displaced or relocated.

EXISTING GRADE: The vertical location of the existing ground surface prior to cutting or filling.

FAA: Federal Aviation Administration.

FACADE: The total wall surface, excluding any roof structure, including door and window areas, of a building's principal or front face. In the case of a corner building which fronts on more than one street, only one face shall be used to calculate the facade area.

FACADE, PRINCIPAL: Any face of a building, including windows and doors, which has a main entrance and which is given distinguishing architectural treatment.

FAMILY: One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a stable and permanent living unit, being a traditional family unit or the functional equivalent thereof.

FAMILY DAY-CARE HOME: The private residence of a family day-care provider which is registered by the New Jersey Division of Youth and Family Services or an organization with which the Division contracts for family day care as a family day-care home, pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.). A family day-care home is an accessory use, shall be considered a home occupation and shall not be subject to more stringent restrictions than exist or apply to all other home occupations in the particular residential zone in which it is located. The child-care services regularly provided in a family day-care home serve no less than three nor more than five children for a period of time of no less than 15 hours per week nor more than 18 hours within a single day. The limitation on the number of children for whom day-care service is provided shall not include children who are legally related to the service provider or being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents where no payment for the care is being provided. See also the definitions of "child-care center" and "day-care center."

FARM: An area of land which is actively devoted to agricultural, silvicultural or horticultural use and which occupies no less than five acres, exclusive of the land upon which the farmhouse is located and such additional land as may be provided in accordance with N.J.S.A. 54:4-23.4, 54:4-23.5 and 54:4-23.11.

FCC: Federal Communications Commission.

FENCE: An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.

FILL: A man-made deposit of soil, rock or other materials.

FINAL APPROVAL: The official action of a board taken on a preliminarily 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.

FINAL PLAT: The final map of all or a portion of a subdivision, which is presented to the Board for final approval in accordance with these regulations.

FINISHED GRADE: The final grade or elevation of the ground surface conforming to the proposed design.

FIRE HAZARD: The classification of a parcel of land in accord with the following:

	Hazard	Vegetation Type
	Low	Atlantic white cedar
		Hardwood swamps
	Moderate	Non-pine barrens forest and prescribed burned areas
	High	Pine barrens forest, including mature forms of pine, pine-oak, or oak-pine
	Extreme	Immature or dwarf forms of pine-oak or oak-pine, all classes of pine-scrub oak and pine-lowland

FIRST ORDER STREAM: That portion of a stream, as identifiable on the United States Geological Survey seven-and-one-half-foot quadrangle maps, from the point of upstream origin, downstream to the first point of intersection with another branch, stream or tributary.

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 ELEVATION DETERMINATION: A determination of the water surface elevations of the design flood, i.e., the flood level that has a one-percent or greater chance of occurrence in any given year.

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry areas from:

FLOOD HAZARD AREA: Land in the floodplain subject to one-percent or greater chance of flood in any given year.

FLOOD HAZARD BOUNDARY MAP: An official map of the Township on which the boundaries of the flood areas having special hazards have been designated.

FLOOD INSURANCE MAP: An official map of the Township on which has been delineated the special flood hazard areas in the Township for flood insurance purposes.

FLOODPLAIN: The relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel, including the floodway, flood fringe area, and the flood hazard area.

FLOODWAY: The river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FLOOR AREA: The total floor area in a building is measured by using the outside dimension of the building at each story. The gross floor area of units sharing a common wall shall be measured from the center of interior walls and the outside exterior walls. In residential uses, the gross floor area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility area, heating and cooling rooms and all portions of floor areas which have a ceiling height above them of less than 7 1/2 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility and heating and cooling and other mechanical equipment but shall include all other areas, including usable basement and warehousing and storage areas, regardless of ceiling height.

FLOOR AREA RATIO (FAR): The sum of the area of all floors of buildings or structures compared to the total area of the site.

FORESTRY: The planting, cultivating and harvesting of trees for the production of wood products, including firewood, or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
[Amended 7-25-2012 by Ord. No. 20-7-2012]

FORESTRY MANAGEMENT PLAN: See N.J.A.C. 18:15-2.10 and N.J.A.C. 7:50-4.2(b)6ii.

FOREST STAND: A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 7-25-2012 by Ord. No. 20-7-2012]

FRATERNAL ORGANIZATION: A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

GARAGE: A building, structure or any portion thereof used for housing or repairing motor vehicles.

GARAGE, PRIVATE: A garage for the housing only of motor vehicles, as an accessory use to a residential use, with a capacity for not more than three motor vehicles.

GARAGE, PUBLIC: Any structure or establishment not included within the definition of a private garage which either distributes, sells or dispenses motor vehicle fuel, oil, antifreeze, grease, lubricants or other motor vehicle necessities directly to motor vehicles or which provides motor vehicle repair services, including painting, body work, glass replacement or interior refinishing.

GARAGE, REPAIR: Any building, premises and land in which, or upon which, a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

GARDEN CENTER: A retail operation which sells nursery plants, seasonal plants, gardening supplies and equipment. Outside storage of live plants is normally associated with the operation; however, all other storage is not located outside a structure or building shall be adequately screened and buffered.

GASOLINE SERVICE STATION: See definition of "service station."

GOLF COURSE: A tract of 75 or more acres containing a full-size, professional golf course at least nine holes in length, together with appropriate accessory uses and structures such as club houses, dining and refreshment facilities, driving ranges and miniature golf courses, providing the operation of such are incidental and subordinate to the operation of the golf course.

GOLF COURSE, CHIP AND PUTT: A tract of three or more acres containing a reduced size golf course at least nine holes in length, together with appropriate accessory uses and structures such as refreshment facilities, driving ranges and miniature golf courses, providing the operation of such are incidental and subordinate to the operation of the golf course.

GOVERNING BODY: The chief legislative body of the municipality.

GOVERNMENT AGENCY: Any department, commission, independent agency, or instrumentality of the United States, the State of New Jersey, the county, an authority, a district, or other governmental unit.

GRADE: The slope of a road, path, driveway, swale or other surface or the mean elevation adjoining a building at project completion.

GRADING: Any stripping, cutting, filling or stockpiling, or any combination thereof, including the land in its cut or filled condition.

GRASSED WATERWAY: A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.

GREENHOUSE: An enclosed structure of glass or clear plastic.

GROSS FLOOR AREA: See definition of "floor area."

GROUND COVER: Low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.

GROUND LEVEL: The immediate surrounding grade.

GROUP HOME: See the definitions of "community residence for persons with head injuries," "community residence for the developmentally disabled," "community residence for the terminally ill" and "community shelter for victims of domestic violence." Group homes are permitted in accordance with the standards included in this chapter.

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 7-25-2012 by Ord. No. 20-7-2012]

HABITAT: The natural environment of an individual, animal or plant, population or community.

HEIGHT OF BUILDING OR STRUCTURE: The vertical distance of a building, measured from grade to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. For other structures, the vertical distance measures from grade to its highest point; provided, however, that no height limitation in this chapter shall apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: church spires; monuments; water towers; fire observation towers; electric transmission facilities and supporting structures; windmills; chimneys not exceeding three feet above height of building or structure; flagpoles not exceeding 10 feet above height permitted in the applicable zone. Rooftop equipment, e.g., air-conditioning compressors or air-handlers, etc., and the materials used to screen the equipment, shall be included in the height of the building. When referring to a tower, the "height" shall mean the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. For towers in the Pinelands, the ground elevation used in determining height shall be the current grade of the tower location.

HELISTOP: An area of defined dimensions, designated for the landing and takeoff of helicopters, and used solely for that purpose.
[Added 8-10-2010 by Ord. No. 17-8-2010]

HISTORICALLY CERTIFIED COLORS: Those paint colors that are found to be traditionally associated with specific architectural styles or periods of architectural design. For the purposes of an application made to the Evesham Township Historic Preservation Commission, such paint color or combination of colors shall be obtained from the following paint manufacturer color charts, or documented equivalents: Finnaren & Haley Authentic Colors of Historic Philadelphia; Finnaren & Haley Victorian Hues; Sherwin-Williams Heritage Colors; Pratt & Lambert Historical Homes; and Benjamin Moore Historical Color Collection.

HISTORIC DISTRICT: A geographically definable area, urban or rural, small or large, possessing a significant concentration, linkage, or continuity of sites, buildings, structures and/or objects which, viewed collectively:

HISTORIC DISTRICT RESOURCES: Classifications as either key, contributing or noncontributing which are defined as:

HISTORIC LANDMARK (or LANDMARKS): Any buildings, structures, sites or objects which possess integrity of location, design, setting, materials, workmanship, or association, and which have been determined, pursuant to the terms of this chapter, to be:

HISTORIC PRESERVATION COMMISSION: A commission which advises the Board on historic district and historic landmark issues and performs the powers and functions designated in § 160-28.[3]

HOME OCCUPATION: An occupation conducted entirely within a detached, residential dwelling unit, which occupation is clearly incidental and secondary to the use of the lot for residential purposes. See § 161-1C(2) for standards.

HORTICULTURE: The growing or raising of nursery plants for sale for landscape purposes.

HOSPITAL: See definition of "medical center."

HOTEL/CONFERENCE CENTER: A building or buildings consisting of meeting facilities and related individual sleeping units designed for transient travelers and not for permanent residency, except that up to 3% of the total units may be provided for the sole use of resident employees. Hotels have a centralized elevator and centralized lobby.
[Amended 1-11-2008 by Ord. No. 1-1-2008]

HOUSEKEEPING UNIT: See definition of "family."

HOUSE OF WORSHIP: A building used for nonprofit, religious purposes by a recognized, sanctioned religious body.

HYDROPHYTES: Any plant growing in water or in substrata that is at least periodically deficient in oxygen as a result of excessive water content.

IMMEDIATE FAMILY: Those persons related by blood or legal relationship in the following manner: spouses, grandparents, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins, great-grandparents and great-grandchildren.

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.
[Added 7-25-2012 by Ord. No. 20-7-2012]

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 Titles 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55), Version 1.0. Such surfaces may have varying degrees of permeability.
[Amended 7-25-2012 by Ord. No. 20-7-2012]

IMPERVIOUS SURFACE RATIO: A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the base site area.

IMPROVED PUBLIC STREET: Any street which complies in width and construction with municipal standards.

IMPROVEMENT: Any man-made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

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 7-25-2012 by Ord. No. 20-7-2012]

INDUSTRIAL PARK: A major subdivision of at least 20 acres and five lots, where all lots are used for industrial purposes and where all lots have access from an internal industrial collector street.

INSTITUTIONAL USE (in all areas other than Pinelands Area): A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, or government-owned or -operated building, structure, or land used for public purpose.
[Amended 8-7-2001 by Ord. No. 16-5-2001]

INSTITUTIONAL USE (within Pinelands Area): Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; churches; cemeteries; public office buildings; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities. For purposes of this chapter, "institutional use" shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.
[Added 8-7-2001 by Ord. No. 16-5-2001]

INTERESTED PERSON OR PARTY: In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and 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 the Municipal Land Use Law, or whose rights to use, acquire, or enjoy property under the Municipal Land Use Law or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under the Municipal Land Use Law.

ISLAND: In street or parking lot design, a raised area usually curbed, placed to guide traffic, separate lanes, or used for landscaping, signing, or lighting.

ITEMS OF INFORMATION: For the purpose of reviewing and limiting the information included on signs, items of information include one syllable, a symbol or logo, an abbreviation, a group of numbers (as in a telephone number or street address), or a broken plane (as in a sign with more than one geometric shape or background area), or other single images or messages contained on signs. Long proper names shall be counted for no more than four items, provided they appear only once per frontage.

JUNKYARD: Any space, whether inside or outside a building, used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, salvage, resale or abandonment of automobiles or other vehicles or machinery or parts thereof.

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.

LANDLOCKED: Property which has no ownership adjacent to a public street and is surrounded by lands belonging to others.

LANDOWNER: Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having legal title to the land. The holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land may file an application as the landowner for the purposes of this chapter.

LANDSCAPING: The installation of plant material, seed, soil, mulch and grading (including berms) as a part of development.

LIGHT MANUFACTURING: Manufacturing or assembly of semi-finished products, not including chemical or physical change of raw materials into products.

LIVESTOCK: Animals grown, raised or bred for sale for human consumption or pleasure.

LOADING SPACE: An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a vehicle while loading or unloading, with 16 feet of vertical clearance.

LOCAL COMMUNICATIONS FACILITY: An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

LOT: A designated parcel, tract or area of land abutting a street (but not including any portion of the street), excluding a flag lot, and established by a plat or as otherwise permitted by law and to be used, developed or built upon as a unit.

LOT AREA: The area contained within the lot lines of a lot not including any portion of a street right-of-way.

LOT, CORNER: A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135º. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yard to be designated at the time of application for a construction permit.

LOT COVERAGE: The total impervious surfaces of a property.

LOT DEPTH: The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.

LOT, FLAG: A lot whose area, exclusive of its access drive, complies with the standards in this chapter. The lot's configuration is one of reduced frontage on an approved street with the enlarged buildable portion of the lot located at the rear of the lot at the end of the access drive.

LOT FRONTAGE: The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.

LOT LINE, FRONT: The lot line separating the lot from the road right-of-way.

LOT LINE, REAR: The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

LOT LINE, SIDE: Any lot line other than a front or rear lot line. A side lot line separating a lot from a road is called a "side road lot line."

LOT WIDTH: The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the setback line shall not be less than 75% of the minimum lot frontage for the zoning district in which the lot is located.

LOW-INCOME HOUSING: Housing which is affordable according to the New Jersey Council on Affordable Housing or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income less than 50% of the median gross household income for households of the same size within the housing region in which the housing is located.

MAINTENANCE GUARANTY: Any security that may be accepted by a municipality for the maintenance of any required improvements, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

MAJOR SITE PLAN: Any site plan not classified as a minor site plan.

MAJOR SUBDIVISION: Any subdivision not classified as a minor subdivision.

MASTER PLAN: A composite of one or more written or graphic proposals for the development of Evesham Township as set forth in and adopted by the Planning Board pursuant to Section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28).

MEAN ELEVATION: The average of the ground level measurements computed at the four extreme corner points of any existing or proposed building.

MEDIAN: That portion of a divided highway separating the traveled ways of traffic proceeding in opposite directions.

MEDICAL CENTER: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

MINIATURE GOLF COURSE: A golf course, less than full-size, containing a minimum of nine holes, where the putting area is the principal part of the game.

MINOR SITE PLAN: See definition of "site plan."

MINOR SUBDIVISION: See definition of "subdivision."

MIXED-USE DEVELOPMENT: A development which shall include residential, public, quasi-public, commercial, office, and open space uses, and which has significant functional and physical integration of project components, including uninterrupted pedestrian connections, and which is in conformance with a coherent urban design plan.

MLUL: Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

MOBILE HOME: A transportable, single-family dwelling intended for permanent occupancy, an office, or place of assembly which is contained in one unit, or in units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is constructed so that it may be used with or without permanent foundation. For the purposes of this chapter, travel trailers and campers are not considered as mobile homes.

MODERATE-INCOME HOUSING: Housing which is affordable according to the New Jersey Council on Affordable Housing or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located.

MOTELS, MOTOR COURTS, and MOTOR HOTELS: A series of rooms for rent to transients, with access to the exterior by each unit, typically not exceeding two stories in height.
[Amended 1-11-2008 by Ord. No. 1-1-2008]

MULCH: A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, and aid plant growth.

MUNICIPAL AGENCY: A Municipal Planning Board or Board of Adjustment or the governing body of Evesham Township when acting pursuant to the Municipal Land Use Law and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the Municipal Land Use Law.

MUNICIPAL FACILITIES AND USES: Buildings, grounds and accessory structures used for municipal purposes, including but not limited to public utilities, fire, rescue and police uses and parks and playgrounds.

MUNICIPALITY: Any city, borough, town, township or village.

MUNICIPAL LAND USE LAW: The Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1 et seq., as amended from time to time.

MUNICIPAL RESIDENT: A person who is domiciled in the municipality.

NATURAL REGENERATION: The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Added 7-25-2012 by Ord. No. 20-7-2012]

NEW JERSEY FLOOD HAZARD AREA DESIGN FLOOD: The discharge resulting from a flood having a one-percent chance of being equaled or exceeded in any given year plus 25%.

NEW JERSEY RESIDENTIAL SITE IMPROVEMENT STANDARDS: Regulations promulgated by the Commissioner of the Department of Community Affairs pursuant to the authority of P.L. 1993, c. 32,[4] and referenced as N.J.A.C. 5:21-1.1 et seq., as amended.

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 reasons 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 reasons of such adoption, revision or amendment.

NONORDINARY REPAIR: Any repair which does not constitute an "ordinary repair" under the definition of that term as set forth in this section of this chapter.

NUISANCE

(1)

Any common-law nuisance or as provided by the laws of the State of New Jersey or ordinances of the Township of Evesham.

(2)

An unreasonable interference with the use and enjoyment of one's land which results in material interference with the ordinary comfort of human existence, i.e., annoyance, inconvenience, discomfort or harm to the person or property of another.

(3)

Anything which essentially interferes with enjoyment of life or property.

NURSING HOME: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

OBJECT: A thing of functional, aesthetic, cultural, historic, or scientific value that may be, by nature of design, movable yet related to a specific setting or environment.

OCCUPANT: Any person having actual possession of the premises or any part thereof.

OFFICE: A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, computers and/or communication equipment.

OFFICE CENTER or OFFICE PARK: A lot, tract or parcel of land developed, or to be developed, with office uses.

OFFICE, PROFESSIONAL: The office of a member of a recognized profession maintained for the conduct of that profession.

OFFICIAL MAP: A map adopted by ordinance pursuant to Article 5 of P.L. 1975, c. 291.[5]

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-STREET PARKING SPACE: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

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.

OFF-TRACT IMPROVEMENTS: Improvements made outside the original tract to accommodate conditions generated inside the original tract that are transferred off site as the result of the proposed development.

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, streets, and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. A minimum of 50% of the required open space shall be nonwetlands.

OPEN SPACE ORGANIZATION: An incorporated, nonprofit organization operating under a recorded land agreement through which:

OPEN SPACE RATIO: The amount of unimproved land that is landscaped or left in a natural state after development expressed as a ratio of the total site area.

ORDINANCE: A legislative act of the governing body of a municipality adopted in accordance with statutory requirements as to notice, publicly, and hold public hearings as required by law.

ORDINARY REPAIR: Repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly practicable to its condition and appearance prior to the occurrence of such deterioration, wear or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, using the same materials having the same appearance.

OWNER: Any person, singly or jointly or severally with others, who has legal or equitable title to any premises, with or without actual possession thereof, or who has charge, care or control of any premises as owner or agent or representative of the owner. Any person who is a lessee and sublets or reassigns any part of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or reassigned by said lessee.

PARCEL: Any quantity of land, consisting of one or more lots, capable of being described definitively so that its location and boundaries may be established.

PARK: A tract of land designated and used by the public for active and/or passive recreation.

PARKING AREA AISLE: Unobstructed access to parking stalls.

PARKING LANE: A lane usually set on the sides of streets, designed to provide on-street parking for vehicular traffic.

PARKING SPACE: A space for the parking of a motor vehicle within a public or private parking area.

PATIO: An outside living space, constructed at ground level, not more than six inches above any ground adjoining such construction, not including a swimming pool, and considered a structure under this chapter.

PERC TEST (PERCOLATION TEST): A test designed to determine the ability of ground to absorb water, and used in determining the suitability of a soil for drainage or for the use of a septic system, as described in the applicable state regulations.

PERFORMANCE GUARANTY: Any security in accordance with the requirements of this chapter which may be accepted by Evesham Township, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.

PERMEABILITY: The rate at which water moves through a unit area of soil, rock, or other material at a hydraulic gradient of one.
[Added 7-25-2012 by Ord. No. 20-7-2012]

PERMITTED USE: Any use of land or buildings as permitted by this chapter.

PERSON or PARTY: An individual, corporation, public agency, business trust, partnership, or association of two or more persons having a joint or common interest, or any other legal entity.

PERSONAL SERVICES, GENERAL: Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, without limitation as to frequency of use. Examples, without limitation, would include body art or tattoo salons; body piercing services; long-term fur or clothing storage; tuxedo, prom or bridal grown rentals; and similar uses.
[Added 2-25-2003 by Ord. No. 3-2-2003]

PERSONAL SERVICES, NEIGHBORHOOD: Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, which are utilized by customers on an on-going and reasonably frequent basis. Examples, without limitation, would include barbershops; beauty or hair salons; dry-cleaning establishments; laundromats; nail salons; shoe repair shops; tailors and dressmakers; and similar uses.
[Added 2-25-2003 by Ord. No. 3-2-2003]

PINELANDS AREA: The area designated pursuant to Section 10(a)[6] of the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq.

PINELANDS DEVELOPMENT CREDIT: A use or right allocated to certain lands within the Township and 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 other portions of the Pinelands Area, including areas within the Township.

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.

PINELANDS NATIVE FOREST TYPE: See N.J.A.C. 7:50-6.43.
[Added 7-25-2012 by Ord. No. 20-7-2012]

PINELANDS PROTECTION ACT: N.J.S.A. 13:18A-1 to 13:18A-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, sand, gravel, clay or ilmenite.

PLACE OF AMUSEMENT: An establishment designed for entertainment, amusement, and recreational uses such as a theater, a skating rink, a virtual reality game facility, a miniature golf course and related activities. This definition shall not be construed to include places of sexual entertainment, zoos and animal parks, or go-cart or moto-cross tracks or retail sales of sexually explicit gifts.

PLANNED COMMERCIAL DEVELOPMENT: An area at least four acres in size, proposed for development as a single entity. A planned commercial development may contain one or more structures (with appurtenant common areas) to accommodate permitted uses. A planned commercial development may include up to three separate buildings and may be located on one or more adjacent lots, provided that it is designed as an integrated development with the provision of common access and drives, shared parking, a unified architectural and building scheme, a unified signage and graphic plan, and a coordinated storm drainage and open space layout. A shopping center meeting the definitional requirements of this chapter shall be considered a planned commercial development.

PLANNED DEVELOPMENT: Unit development, planned unit residential development, residential cluster, or planned industrial development, including, without limitation:

PLANNING BOARD: The Municipal Planning Board established pursuant to Section 14 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-23).

PLANTING ISLAND: A planting area, usually raised, within a parking lot, parallel to parking spaces, placed to define vehicular circulation and provide an area for landscaping throughout a parking lot.

PLANTS, THREATENED OR ENDANGERED: A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.

PLAT: The map (or maps) of a subdivision or site plan; used interchangeably in this chapter with "plan."

PORCH: A roofed open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood or other material except screening more than 30 inches above the floor thereof, except the necessary columns to support the roof.

PRACTICAL: A determination by the Historic Preservation Commission, after review of an application, if the applicant has demonstrated sufficient negative criteria or provided sufficient special reasons explaining how the preservation, rehabilitation, restoration or reconstruction of an historic resource will impact the applicant's ability to use the property in accordance with the guidelines as set forth in the Standards of the Secretary of the Interior or as may be set forth in the Olde Marlton Master Plan and Design Guidelines book and local zoning requirements.

PRELIMINARY APPROVAL: The conferral of certain rights pursuant to Sections 34, 36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49) and this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Board and the applicant.

PRESERVATION: The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this particular activity; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems, and other code-required work to make properties functional is appropriate within a preservation activity.

PRESERVATION AREA: That area so designated by Section 10(b)[7] of the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq.

PRINCIPAL USE: The main purpose for which any lot and/or building is used.

PROPORTIONATE SHARE: The portion of the total capital improvement costs for off-tract water, sewer, drainage and street improvements that are reasonably attributable to new development pursuant to N.J.S.A. 40:55D-42 (also entitled "pro rata share").

PROTECTION AREA: All land within the Pinelands Area which is not included in the Preservation Area.

PUBLIC AREA: Public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

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 DRAINAGEWAY: The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, and to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

PUBLIC OPEN SPACE: An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

PUBLIC SERVICE 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.

PUBLIC WATER SUPPLY SYSTEM: A water supply system which offers service to the public and is authorized by the New Jersey Board of Public Utilities.

QUORUM: The majority of the full authorized membership of a municipal agency.

RECOMMENDED MANAGEMENT PRACTICE: The management program which employs the most efficient use of available technology, natural, human and economical practices.

RECONSTRUCTION: The act or process of depicting, by means of new construction, the form, features and detailing of a nonsurviving site, landscape, building, structure or object, for the purpose of replicating its appearance at a specific period of time and in its historic location.

RECORDED LOT: A subdivided lot that is recorded with the Burlington County Clerk pursuant to the Map Filing Law.[8]

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.

RECREATIONAL FACILITY, INTENSIVE (PINELANDS): Any recreational facility which does not satisfy the definition of "low-intensity recreational facility" including but not limited to golf courses, marinas, amusement parks, hotels, and motels.

RECREATIONAL FACILITY, LOW-INTENSITY (PINELANDS): A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits, but is not limited to, such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.

RECREATIONAL VEHICLE: A vehicle, whether motorized or without independent power, used for recreational purposes, including camping trailers, motor homes, boats, etc.

REGION: Burlington, Camden and Gloucester Counties.

REHABILITATION: The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those proportions or features which convey its historical, cultural or architectural values.

REMOVAL: To partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.

REPAIR: Any work done on any improvement which:

REPLACEMENT: The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.

RESIDENTIAL ACCESS STREET: The lowest order of residential street. Provides frontage for access to private lots, and carries traffic having destination or origin on the street itself. Designed to carry traffic at slowest speed. Traffic volume should not exceed 250 ADT at any point of traffic concentration. The maximum number of housing units should front on this class of street.

RESIDENTIAL AGRICULTURE: The growing and harvesting of plant life for the enjoyment of the residents on the property and not primarily for commercial purposes.

RESIDENTIAL CLUSTER: An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL HEALTH CARE: Residences usually occupied by the frail elderly that provide rooms, meals, personal care, and health monitoring services under the supervision of a professional nurse and may provide other services such as recreational, social and cultural activities, financial services and transportation.
[Added 12-19-2006 by Ord. No. 33-11-2006]

RESIDENTIAL USE: The use of a building as a home, abode or place where an individual or individuals are actually living at a specific point in time.

RESOURCE CONSERVATION PLAN: A plan, prepared for review by the Soil Conservation District, which details the proposed use of recommended agricultural or horticultural management practices.

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 7-25-2012 by Ord. No. 20-7-2012]

RESTAURANT: Any establishment, however designated, at which food is sold primarily for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, play field or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

RESTAURANT, DRIVE-THROUGH: Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption outside the building, off the premises or in automobiles parked on the premises, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.

RESTAURANT, FAST-FOOD: A restaurant, designed primarily for over-the-counter service, which primarily serves a limited, standardized menu of quickly prepared and prepared foods, such as hamburgers, fried chicken, fried fish, baked goods, ice cream and the like, packaged in paper or other types of disposable wrappers and containers for immediate service to patrons primarily for immediate consumption, whether or not interior seating is provided.

RESTAURANT, FULL-SERVICE: A restaurant, public eating facility where patrons are first seated at tables, booths or counters, after which food ordered by them is served to the patrons by waiters or waitresses at such tables, booths or counters. The term "restaurant" does not include drive-in restaurants or fast-food restaurants as otherwise defined in this section.

RESTORATION: The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period that is selected. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within the scope of restoration activities.

RESUBDIVISION: 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 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 not including conveyances combining existing lots by deed or other instrument.

RETAIL (SALES) STORE OR SHOP: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.[9]

RETAINING WALL: A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

RETENTION BASIN: A pond, pool or basin used for the temporary storage of water runoff not located or constructed in any buffer or residential building lot.

RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, watercourse, shade trees, any utility or for another special use. Abbreviated in this chapter as "ROW."

ROOFLINE: The apex, or highest point, of the roof; if a series of roofs, the apex of the lowest roof will be considered.

ROOT BARRIERS: Any rigid material placed vertically to finished grade, usually adjacent to an improvement, capable of deflecting a plant's roots below the improvement, to reduce or avoid damage by root growth.

ROOT CONDITION: The method of containing the roots of nursery-grown or field dug plant material, usually described as a specific container size, or balled and burlapped.

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 7-25-2012 by Ord. No. 20-7-2012]

ROOT ZONE: The area extending from the trunk of a tree to the dripline, within which are found the primary feeder and support roots of a tree.

SCREEN: See the definition of "buffer."

SEASONAL HIGH-WATER TABLE: The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

SECRETARY OF THE INTERIOR'S STANDARDS: The publication issued by the U.S. Department of the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties as the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings," issued in 1995 and revised from time to time.

SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.

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.

SEDIMENT BASIN: A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material.

SEDIMENT POOL: The reservoir space allotted for the accumulation of submerged sediment during the life of the structure.

SEED TREE CUT: A silvicultural practice involving the removal of old forest stands 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 7-25-2012 by Ord. No. 20-7-2012]

SEPTIC SYSTEM: An underground system with a septic tank used for the decomposition of domestic wastes.

SEPTIC TANK: A watertight receptacle that receives the discharge of sewage.

SERVICE STATION: Lands and buildings providing for the sale of fuel, lubricants, and automotive accessories, maintenance and repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable or wrecked vehicles beyond the time permitted in this chapter shall be permitted. Additionally, no car wash operation, car or truck rental, parking for a fee or other activity not specifically a part of the service station use shall be permitted.

SETBACK LINE: A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.

SHED: A building other than a garage which is commonly accessory to residential uses and not intended to be used for habitation.

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 shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.
[Added 7-25-2012 by Ord. No. 20-7-2012]

SHOPPING CENTER: A group of retail, commercial establishments, built on one tract that is planned and developed as an operating unit; it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.

SHOULDER: The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curbline.

SIDEWALK (AREA): A paved path provided for pedestrian use and usually located at the side of a road within the right-of-way.

SIGN: Any object, display, flag, billboard, device or structure or part thereof, situated outdoors, 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, federal, state or municipal organizations; merchandise, prices, pictures or models of products or services incorporated in an indoor window display; works of art which in no way identify a product; or scoreboards located on athletic fields. This definition shall specifically include any building or part of a building, including walls and facades used for such purposes, and shall further include, without limitation, banners, pennants, flags and similar distracting devices.

SIGN, ABANDONED: A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.

SIGNABLE AREA: The portion or square foot area of a principal facade which is free of architectural details. Typically, this is a rectangular, continuous area on the wall of a building facing the street and which extends from the top line of windows and doors on one floor to the bottom line of windows, roof, or cornice above it, and which is uninterrupted by architectural details or openings. In no case, e.g., when there is a lack of architectural details or doors or windows, etc., for some or most of the facade, can the signable area be greater than 1/3 of the facade of the building.

SIGN, ADVERTISING: A sign directing attention to a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is maintained, including but not limited to billboard signs.

SIGN, ANIMATED: Any sign with action or changing colors which requires electrical energy. This definition includes digital signs and electronic signs. This definition does not include signs which indicate time, temperature, or date.
[Amended 7-23-2013 by Ord. No. 22-7-2013]

SIGN, AREA AND NUMBER: The area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one point, including any open space or hole within the sign's face or any appendage protruding outside the sign's face. This area does not include the main supporting sign structure when the structure is clearly not a part of the sign. All other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign, are to be included in determining sign area. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed, in a random manner, without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

SIGN, BANNER: Any sign which is stretched across and hung over a public right-of-way, attached to any public or utility poles or a building and which is a nonpermanent sign.

SIGN, BENCH: A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

SIGN, BUILDING IDENTIFICATION

(1)

Any sign which designates a multitenant structure without reference to individual tenants.

(2)

Any sign which designates the major occupant in a multistory structure, where that tenant either leases or owns 75% of that structure.

(3)

Any sign which designates the sole occupant in a single-story structure, where that occupant either leases or owns 100% of that structure.

SIGN, BUSINESS: Any notice or advertisement, pictorial or otherwise, which directs attention to goods, commodities, products, services, or entertainment sold or offered upon the premises where such sign is located.

SIGN, CANOPY: A sign that is mounted or painted on, or attached to, an awning, canopy or marquee.

SIGN, CHANGEABLE-COPY: A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign.

SIGN, CIVIC: A changeable-copy sign (manual) which identifies a nonprofit institution or organization on whose premises it is located, and which contains:

SIGN, CLOCK: Any timepiece erected outside of any building for the purpose of advertising the business on the premises on which it is located.

SIGN, COMPLEX IDENTIFICATION: A sign which identifies an office complex or an industrial park without reference to individual tenants or uses.

SIGN, CONSTRUCTION: Any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on site where the sign is placed, together with other information included thereon.

SIGN, DEVELOPMENT: A sign designating the name of a subdivision of residential homes, whether single-family or multifamily, attached or detached or an apartment complex.

SIGN, DIGITAL: See "sign, animated."
[Added 7-23-2013 by Ord. No. 22-7-2013]

SIGN, DIRECTIONAL: Any sign which is designed and erected solely for the purpose of traffic or pedestrian direction which is placed on the property to which or on which the public is directed.

SIGN, DIRECTORY: A serial sign, which identifies the names of businesses, offices, professionals, industries or other entities located within a planned center or complex.

SIGN, DOUBLE-FACED: A sign which has two display areas against each other or where the interior angle formed by the display areas is 60º or less, where one face is designed to be seen from one direction and the other face from another direction.

SIGN, ELECTRONIC: See "sign, animated."
[Added 7-23-2013 by Ord. No. 22-7-2013]c

SIGN, EXTERIOR DIRECTORY: A sign containing the building identification and address and the name and location of each tenant, and allowed in any project where one or more tenants do not have an exterior entrance or do not qualify for an exterior sign.

SIGN, EXTERNALLY LIGHTED: Any sign whose sole source of artificial illumination is outside the display portion of the sign.

SIGN, FACADE: Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building.

SIGN, FREESTANDING: Any sign, not attached to a building, which is erected, constructed, supported or maintained on a post or pole or other bracing or supporting device.

SIGN, GROUND: See the definition of "sign, freestanding."

SIGN, GROUND-MOUNTED: Any freestanding sign which is flush to or rests upon the ground rather than erected on a post or pole.

SIGN HEIGHT: In the case of a freestanding sign, will be computed from grade level to the greatest height at any one point in the sign. In the case of an attached sign, no sign can be higher than the level of a second floor windowsill in a two-or-more-story building, nor can it be higher than the lowest point of the roofline in a single-story building, except where a roof sign is expressly permitted in certain zones.

SIGN, HISTORICAL IDENTIFICATION: A sign, marker or plaque, identifying an historic structure or site, providing information about the significance of the structure or site.

SIGN, INSTRUCTIONAL: A sign conveying instructions strictly for the direction, safety and convenience of the public with respect to the premises on which it is maintained, such as a sign designating the entrance to or exit from a parking area, a sign identifying rest rooms, a trespassing sign, a danger sign, and similar signs.

SIGN, INTERNAL: Any sign erected, constructed or maintained inside of a building and visible from outside the building, whether illuminated or nonilluminated.

SIGN, INTERNALLY LIGHTED OR ILLUMINATED: Any sign whose sole source of artificial illumination is contained within the display portion of the sign.

SIGN, MOBILE: Any sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code; or which is located or attached to a trailer, is on wheels or another similar attachment such that the sign may be moved from place to place, either within the lot or to another location.

SIGN, MULTIPLE OCCUPANCY AND TENANCY: A single sign relating to a use or facility, such as a shopping center, industrial park or office complex, where there is more than one occupancy and/or tenancy of uses, where said multiple occupancy and tenancy use a common parking facility and/or a common private drive or roadway and where the names and professions or business names of the various tenants and/or occupants are displayed.

SIGN, MURAL: Any sign that is painted on the wall of a building or structure in such a manner that the wall becomes the background surface of the sign.

SIGN, NONCONFORMING: Any sign which does not conform to the provisions of this chapter.

SIGN, OFF-PREMISES: See definition of "billboard."

SIGN, OPENING: A temporary sign erected only for that limited period during which an enterprise not theretofore in operation begins its operation initially or at a new location.

SIGN, POLE: A sign mounted upon a pole, in the ground, but which by reason of height, width or other characteristics does not qualify as a ground sign.

SIGN, POLITICAL: A sign identifying or urging voter support for a particular election issue, political party, or candidate for public office.

SIGN, PORTABLE: A sign which is not permanently affixed, including but not limited to a sign mounted or painted on a vehicle which is parked in such a manner as to serve the purpose of an advertising device.

SIGN, PROHIBITED: Any sign, other than a nonconforming sign, not conforming to this chapter.

SIGN, PROJECTING: A sign, other than a wall sign, which is attached to and projects more than 12 inches from a wall of a building.

SIGN, REAL ESTATE: A temporary sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, lease, or for sale, except in residential districts.

SIGN, ROOF: A sign erected upon the roof or parapet of a building, the entire face of which is situated above the eaves or highest architectural point of the building and which is wholly or partially supported by said building.

SIGN, SIDEWALK OR SANDWICH: A movable sign not secured or attached to the ground or surface upon which it is located.

SIGN, SNIPE: Any sign of any material whatsoever that is attached in any way to a utility pole, tree, or any object located or situated on public or private property.

SIGN STRUCTURE: Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.

SIGN, TEMPORARY: A sign of a nonpermanent nature erected for a limited period of time.
[Amended 7-23-2013 by Ord. No. 22-7-2013]

SIGN, TENANT SUITE: An outdoor sign which identifies each particular business in a multitenant structure, which has no common lobby and which is located at the main entrance of that particular business.

SIGN, WALL: A sign applied to or mounted to the wall or surface of a building or structure, the display surface which does not project more than six inches from the outside wall of such a building or structure. The total lettering on one side of a building or structure shall constitute one wall sign.

SIGN, WINDOW: Any sign erected, constructed, or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.

SILVICULTURE: The growing, harvesting and care of forests for sale.

SITE: Any plot or parcel of land or combination of contiguous lots or parcels of land.

SITE, HISTORIC: The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure, or object, or the location itself possesses historic, cultural, or archaeological significance.

SITE PLAN: A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains and waterways; the location and size of all existing and proposed buildings, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination as to the adequacy of the plan in accordance with the requirements of Chapter 127, Site Plan Review, or any other applicable ordinance.

SLOPE: Degree of deviation of a surface from the horizontal, usually expressed as a percent or ratio of horizontal to vertical.

SOIL: All unconsolidated mineral or organic material, of whatever origin, that overlies bedrock and which can be readily excavated.

SOIL EROSION AND SEDIMENT CONTROL PLAN: The map indicating the proposed scheduling and construction details for soil erosion and sediment control.

SOLAR ACCESS: The access to unobstructed direct sunlight required by a solar collector for its efficient operation.

SOLAR COLLECTOR: Refers to a device or combination of devices, structures or parts of a device or structure that require access to sunlight in order to transform direct solar energy into thermal, mechanical, chemical or electrical energy that will contribute significantly to a structure's energy supply.

SOLAR ENERGY SYSTEM: An energy system which converts solar energy to usable thermal, mechanical, chemical or electrical energy to meet all or a significant part of a dwelling's energy requirements. As used in these regulations, the primary application of a solar energy system is the conversion of solar radiation to thermal energy to meet all or part of a dwelling's heating and domestic hot water requirements. This conversion is accomplished in the following manner: Solar radiation is absorbed by a transport medium and distributed to a point of use. The performance of each operation is maintained by automatic, manual or architectural controls. An auxiliary energy system is usually available both to supplement the output provided by the solar energy system and to provide for the total energy demand should the solar energy system become inoperable.

STAGGERED SETBACKS: Front setbacks of residential units that are varied in horizontal location.

STANDARDS OF PERFORMANCE: Standards adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, wash discharge, screening of unsightly objects or conditions or such other similar matters as may be reasonably required by the municipality, required by applicable federal or state laws or municipal ordinances, or as incorporated into this chapter from the Pinelands Comprehensive Management Plan.

STORMWATER DETENTION: A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STORMWATER RETENTION: A provision for storage of stormwater runoff.

STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purpose of this chapter, the interior of the roof shall not be considered a ceiling.

STREET: Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by N.J.S.A. 40:55D-1 et seq.; or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.

STREET HIERARCHY: The conceptual arrangement of streets based upon function. A hierarchical approach to street design classifies streets according to function, from high traffic arterial roads down to streets whose function is residential access. Systematizing street design into a road hierarchy promotes safety, efficient land use, and residential quality.

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, forming the dividing line between the street and a lot.

STREET, MAJOR ARTERIAL: A continuous route having trip length and travel density characteristics indicative of substantial statewide or interstate travel. These streets are state expressways and highways.

STREET, MAJOR COLLECTOR: A route which should link places of traffic generation with nearby larger towns or with more important intracounty corridors.

STREET, MINOR ARTERIAL: A route providing interstate and intercounty service.

STREET, MINOR COLLECTOR: A route which is provided at intervals, consistent with population density, to collect traffic from local streets.

STREET, RESIDENTIAL ACCESS: The lowest order, other than rural street type, of residential street (see the definition of "street hierarchy"). Provides frontage for access to private lots and carries traffic having destination or origin on the street itself. Designed to carry traffic at slowest speed.

STREET, RESIDENTIAL MAJOR COLLECTOR: The highest order of residential street. Conducts and distributes traffic between lower-order residential streets and higher-order streets (arterials and expressways).

STREET, RESIDENTIAL MINOR COLLECTOR: The middle order of residential streets (see the definition of "street hierarchy"). Provides frontage for access to lots, and carries traffic to and from adjoining residential access streets.

STREET, RESIDENTIAL NEIGHBORHOOD: A type of residential access street conforming to traditional subdivision street design, which provides access to building lots fronting on a street and provides parking on both sides of street (see the definition of "street hierarchy").

STREET, RURAL: A road which primarily serves as access to abutting building lots with no on-street parking and lot-to-street access designed so vehicles do not back out of lots onto the street.

STREET, STUB: A portion of a street for which an extension has been proposed and approved. May be permitted when development is phased over a period of time, but only if the street in its entirety has been approved in the preliminary plan.

STRIPPING: Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.

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, including, without limitation, buildings, fences, tanks, towers, signs, advertising devices, decks, patios and swimming pools. For use within an Historic District, or for an historic landmark, or site, the word "structure" shall also include fences which are over three feet in height; walls, other than retaining walls not projecting more than 12 inches above the ground at the highest level; independent radio and television antennas; gasoline pumps; gazebos, pergolas, and swimming pools.

SUBDIVISION: 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: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including, but not limited to, judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

SUBMERGED LAND: Those lands which are inundated with water throughout the year.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started; or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

SURROUNDING GRADE: The finished grade of the ground upon which a sign is placed, as per approved site plan by the Township of Evesham Planning Board or Zoning Board, or the existing established grade around the proposed sign.

SWIMMING POOL, COMMERCIAL: Includes all pools associated with other than detached single-family and two-family dwellings. Commercial swimming pools shall be further classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.

SWIMMING POOL, PORTABLE: A swimming pool that is not permanently installed and meets all of the following criteria: does not require water filtration, circulation and purification; does not exceed 24 inches in depth; does not exceed a water surface of 250 square feet; and does not require braces or supports. Portable swimming pools are not subject to this chapter.

SWIMMING POOL, PRIVATE RESIDENTIAL: A swimming pool, other than a portable swimming pool, that is located on a lot principally used for a dwelling unit by one housekeeping unit, and including all buildings, structures, and equipment appurtenant thereto.

TAVERN: An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

TELECOMMUNICATIONS ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omnidirectional antennas.

TEMPORARY CONSTRUCTION TRAILER: A trailer for construction purposes for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of the final certificate of occupancy or one year, whichever is less.

THEATER: A building or any part of a building primarily devoted to showing motion pictures, or primarily devoted to dramatic, musical or performing arts performances.

THINNING: A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 7-25-2012 by Ord. No. 20-7-2012]

TOWER: Any ground or roof-mounted pole, spire, structure, or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces, and masts. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

TOWER AND ANTENNA, PREEXISTING: Any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER, MULTI-USER: A tower to which is attached the antennas of more than one commercial wireless telecommunications service provider or governmental entity.

TOWER, SINGLE-USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by Code.

TOWNHOUSE: See definition of "dwelling unit, townhouse."

TOWNSHIP: The Township of Evesham, Burlington County, New Jersey.

TRANSIENT: Occupancy in any hotel, motel, motor court and motor hotel, having a duration of no more than 14 days in any thirty-day period.
[Added 1-11-2008 by Ord. No. 1-1-2008]

TRANSPLANTED PLANT: An existing plant being moved from its original location on a development site to another location on the same site, as a means of preserving the plant.

TREE, EVERGREEN: Any coniferous tree, which holds its leaves throughout the year, and has a foliage density of at least 50%, which is capable of reaching a height of at least 15 feet and canopy spread of at least eight feet at maturity.

TREE GRATE: A rigid covering, usually made of metal or plastic, manufactured in sections, with an opening which fits around a tree located within a tree planting pit, and usually with small openings for air and water exchange.

TREE, INVASIVE OR WEEDY: Those trees which colonize and/or out-compete existing native vegetation in wooded areas, or are known to be short-lived, brittle, weak-wooded, and/or drop large quantities of flowers, seeds, and bark.

TREE, NONSPECIMEN: Any shade tree up to 24 inches in diameter, measured 4 1/2 feet above grade; or any evergreen or ornamental tree up to 12 inches in diameter, measured 12 inches above grade.

TREE, ORNAMENTAL: Any deciduous tree capable of reaching a mature height of at least 10 feet, and exhibiting a feature which is generally considered attractive or unusual, such as flowers, berries, or a columnar form.

TREE PIT: An area below the finished grade of a surface, specially prepared to receive and support a tree, and usually filled with a soil mixture.

TREE, PRESERVED: Any tree with no disturbance to its root zone, found to be in viable condition at the end of the guarantee period for a development.

TREE PROTECTION ZONE: An area defined by set distances from proposed improvements, in which existing trees are to be preserved to the extent specified within this chapter.

TREE, SHADE: Any broadleaf evergreen or deciduous tree capable of reaching a height of at least 25 feet and canopy spread of at least 10 feet at maturity. The tree may exhibit any branching or fruiting characteristics. Any shade tree species which is not capable of reaching these sizes at maturity shall be considered an ornamental tree.

TREE, STREET: Any deciduous tree capable of reaching a height of at least 25 feet and canopy spread of at least 15 feet at maturity. The tree should not be of a weeping form, have low branching characteristics, unless it will be limbed up regularly, be of a brittle structural character, or produce messy or nuisance fruits.

TREE WELL: A system of retaining walls and/or aeration and drainage structures, used as a method of changing the grade around an existing tree.

UPLAND: Land which is not classified as wetland or floodplain.

USE: Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a lot or tract of land.

USABLE YARD AREA: The portion of a yard surrounding a structure which is viable for any use permitted by this chapter.

UTILITY: Those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles, and the like).

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.

VARIANCE: Permission to depart from the literal requirements of this chapter.

VEGETATION: Any plant material, including native grasses or groundcover, shrubs and trees.

VEGETATIVE PROTECTION: Stabilization of erosive or sediment-producing areas by covering the soil with:

VETERINARY HOSPITAL: A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding.

WADING POOL: Any artificially constructed pool intended for use by children, not designed or used for swimming and having a maximum water depth of 12 inches.

WATERCOURSE: Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

WETLANDS: Areas as defined in the New Jersey Freshwater Wetlands Act, in the Pinelands Comprehensive Management Plan or Pinelands Regulations in other state law or regulations or in federal statute or regulation, as applicable.

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 7-25-2012 by Ord. No. 20-7-2012]

WETLAND SOILS: Those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to alluvial land, atsion, berryland, colemanton, muck, Pasquotank, Pocomoke and Shrewsbury.

YARD: An open space extending between the closest point of any building and a lot line or street line. In an apartment or townhouse complex, "yards" shall also be the open space extending between structures. All yards shall also be the open space extending between structures. All yard dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or building facade or perpendicular to the point of tangent of curved lines and facades.

YARD, FRONT: An open space extending across the full width of the lot and lying between the street line and the closest point of the principal building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback.

YARD, REAR: An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines.

YARD, SIDE: An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.

ZONING OFFICER: The individual responsible for enforcement and interpretation of the Zoning Ordinance provisions of the Township of Evesham.

ZONING PERMIT: A document signed by the Zoning Officer which:

[1]

Editor's Note: See N.J.S.A. 13:18A-4.

[2]

Editor's Note: See N.J.S.A. 13:18A-8.

[3]

Editor's Note: See also Ch. 12A, Historic Preservation Commission.

[4]

Editor's Note: See N.J.S.A. 40:55D-40.1 et seq.

[5]

Editor's Note: See N.J.S.A. 40:55D-32 et seq.

[6]

Editor's Note: See N.J.S.A. 13:18A-11a.

[7]

Editor's Note: See N.J.S.A. 13:18A-11b.

[8]

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

[9]

Editor's Note: The definition of "Retail service or service establishment," which immediately followed this definition, was repealed 2-25-2003 by Ord. No. 3-2-2003.

§ 160-6 Conformity required; more restrictive provisions to apply.

No person shall occupy or use any land to construct or locate any building within the boundary of the Township of Evesham except in conformity with the restrictions and regulations established by this chapter for the district in which such land or building is located and in conformity with all other pertinent terms and provisions of this chapter or in strict conformity with any variance lawfully granted.

No person, whether acting as manager, agent, architect, engineer, contractor, artisan, mechanic or otherwise, shall aid or assist any person in the occupation or use of any land or in the location or construction or location of any building within the bounds of the Township of Evesham unless such occupation, use of land or building(s) is in conformity with the restrictions and regulations established by this chapter for the district in which such land or building is located and in conformity with all other pertinent terms and provisions of this chapter or in strict conformity with any variance lawfully granted.

Where the approval of a subdivision, site plan, conditional use, planned unit residential development or any other type of development is given by the appropriate Board of Evesham Township and such approval is made subject to express conditions, such conditions shall be enforced by the Zoning Officer to the same extent as the other restrictions and regulations contained in this chapter.

In the Pinelands Area of the Township, no development shall be effective unless and until the development review requirements of Chapter 15, Land Use Administration, of the Code of the Township of Evesham have been satisfied.

The standards and regulations in this chapter applicable to the Pinelands Area are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter and the Pinelands Protection Act. In the event of a conflict between any provision, the stricter provision shall apply.

The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, regulations, and restrictions shall control.

§ 160-7 Reduction of lot area prohibited.

No lot on which a building is located, whether erected before or after the effective date of this chapter, shall be reduced in area or the boundaries thereof changed so that the premises thereafter would not comply with the area restrictions and regulations established by this chapter.

§ 160-8 Enforcement.

The Township Manager of the Township of Evesham shall be vested with ultimate responsibility for the administration and enforcement of the provisions of this chapter. The Zoning Officer shall serve at the direction and supervision of the Township Manager for the purpose of zoning enforcement.

§ 160-9 Permit required; inspections.

No person hereafter shall erect, locate or alter any building or portion thereof, or begin or change the use of any land, without first obtaining a zoning permit therefor from the Zoning Officer or such other officer appointed by the Township Manager for such purpose, except that alterations involving an expenditure of $100 or less are exempt from the requirement of a permit.

Upon the completion of the erection, location or alteration of any building or portion thereof for which a zoning permit shall have been issued, but prior to the use or occupancy of such building or alteration, the holder of the permit shall notify the Zoning Officer of such completion, whereupon the said Officer shall inspect the premises and, upon ascertaining that the erection, location or alteration referred to in the zoning permit has been done in conformity with said permit and the terms and provisions of this chapter (or lawful variance granted by the Zoning Board of Adjustment or Planning Board), shall issue a certificate in writing that said work has been inspected and is approved as being in conformity with all zoning requirements of the Township.

The zoning permit and certificate of occupancy required by this chapter are in addition to and not in lieu of any and all other permits and certificates that are or may be required by law or by any governmental agency or by virtue of any other ordinance or ordinances of the Township of Evesham, or otherwise.

§ 160-10 Violations and penalties.

For any and every violation of the provisions of this chapter, the owner, contractor or other person interested as lessee, tenant or otherwise in any building or premises where such violation has been committed or shall exist shall for each and every violation be punishable as provided in Chapter 1, General Provisions, Article I, of the Code of the Township of Evesham. For the purposes of this section, each day that a violation continues to exist shall be deemed to be a separate violation.

Nothing contained hereinabove shall be deemed to limit the right of any interested person to initiate the prosecution of any person or persons believed to have committed a violation of this chapter or to commence any action at law or equity to compel an abatement of such violation.