The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; the word "building" includes the word "structure" and shall also include "out-of-doors vending machine for the dispensing of goods and/or services"; the word "dwelling" includes the word "residence"; the word "shall" is mandatory and not discretionary. In the event of a conflict between definitions, the stricter definition shall apply. Anything not specifically included in a definition is assumed to be excluded.
For the purposes of this chapter, certain terms and words are herein defined as follows:
- ACCESSORY STRUCTURE OR USE
- A structure or use which is subordinate to and serves a principal
building or a principal use, including but not limited to the production,
harvesting, and storage, as well as washing, grading and packaging
of unprocessed produce grown on site; is subordinate in area, extent
and purpose to the principal structure, or principal building or principal
use served; and contributes primarily to the comfort, convenience
or necessity of the occupants, business or industry of the principal
structure or principal use served; and is located on the same lot
as the principal structure or principal use served, except as otherwise
expressly authorized by the provisions of this chapter.[Amended 9-28-1989 by Ord. No. 223; 5-8-1997 by Ord. No. 213A]
- ADMINISTRATIVE OFFICER
- The Municipal Clerk of the Borough of Folsom, unless a different
municipal official has been designated by ordinance or statute.[Added 6-8-2005 by Ord. No. 13-2005]
- AGRICULTURAL COMMERCIAL ESTABLISHMENT
- A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year-round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural production
facilities such as a farm itself, nor facilities which are solely
processing facilities.[Added 2-23-1989 by Ord. No. 217]
- AGRICULTURAL EMPLOYEE HOUSING
- Residential dwellings, for the seasonal use of employees of an agricultural or horticultural use, which because of their character or location are not to be used for housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
- AGRICULTURAL PRODUCTS PROCESSING FACILITY
- A facility designed, constructed, and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading, and packaging of those products.
- AGRICULTURAL SERVICE ESTABLISHMENT
- An establishment the primary purpose of which is the sale of goods, commodities, or service that support active farm operations.
- See "farm, principal uses."
- ALTERATION, STRUCTURAL
- Any change in the supporting members of a building such as walls, columns, beams or girders.
- ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
- An individual or community on-site wastewater treatment system
that has the capability of providing a high level of treatment, including
a significant reduction in the level of total nitrogen in the wastewater,
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:[Added 2-13-2003 by Ord. No. 1-2003]
- ANIMALS, THREATENED OR ENDANGERED
- Those animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-l et seq.
- The surface from which wireless radio signals are sent and
received by a local communications facility.[Added 11-13-2003 by Ord. No. 05-2003]
- APPLICATION FOR DEVELOPMENT
- Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Borough, except as provided in § 200-66.[Amended 2-23-1989 by Ord. No. 217]
- APPROVAL AGENCY
- Any board, body or other authority within the Borough with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
- BILLBOARD or SIGNBOARD
- A sign, other than a sign which advertises an agricultural
commercial establishment, which directs attention to a business, commodity,
service or entertainment.[Amended 2-23-1989 by Ord. No. 217]
- Any structure having a roof supported by columns, post or walls and intended for the shelter, housing or enclosing of persons, animals or property and including tents and lunch wagons.
- BUILDING COVERAGE
- The square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the 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, HEIGHT OF
- The vertical distance measured from the average elevation of the finished grade along the front of the building to the mean elevation of the roof surface.
- A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation, or other short-term uses. "Camper"
does not include mobile homes or trailers.[Added 2-23-1989 by Ord. No. 217]
- A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.[Amended 2-23-1989 by Ord. No. 217]
- An attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns, and of an area not to exceed 200 square feet.
- CERTIFICATE OF FILING
- A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.
- The use of a single tower on the ground by more than one
provider and/or the installation of several local communications facilities
on an existing building or structure by more than one provider.[Added 11-13-2003 by Ord. No. 05-2003]
- The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
- COMPREHENSIVE MANAGEMENT PLAN
- The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.
- CONTIGUOUS LAND
- Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit; provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way, and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.[Amended 4-8-1993 by Ord. No. 244]
- The average number of housing units per unit of land.
- 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 of
any mining excavation or landfill; and any use or change in the use
of any building or structure or land or extension of land. Development
shall also include the commencement of any resource extraction, drilling,
excavation or forestry activities on a parcel of land.[Amended 6-8-2005 by Ord. No. 13-2005]
- DEVELOPMENT APPROVAL
- Any approval to develop which is granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
- The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during or after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
- Any structure or portion thereof which is designed or used for residential purposes.
- DWELLING, SINGLE-FAMILY
- A building occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit.
- DWELLING UNIT
- A building or part thereof having cooking and sanitary facilities for one family.
- ELECTRIC DISTRIBUTION LINES
- All electric lines other than electric transmission lines.
- 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 another substation of the utility company; a substation of or interconnection point with another interconnecting utility company; a substation of a high-load customer of the utility.
- EQUIPMENT SHED/SHELTER
- An enclosed structure, cabinet, shed or box at the base of
the local communications facility within which are housed batteries
and electrical equipment.[Added 11-13-2003 by Ord. No. 05-2003]
- The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
- One or more persons customarily living together as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boardinghouse, lodging house, hotel or motel.
- FARM, ACCESSORY USES
- Buildings incidental to farms such as tenant houses, greenhouses, buildings for housing seasonal workers for the farm's own use, barns, packing, grading and storage buildings limited to produce raised on the premises but not processing operations, buildings for keeping of poultry and permitted livestock and garages for the keeping of equipment and trucks used in farm operations.
- FARM, PRINCIPAL USES
- Any production of plants or animals useful to man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules or goats, and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government, except that hogs, swine and commercial piggeries are prohibited.
- An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas of lands.
Included in this definition are walls.[Added 12-14-1995 by Ord. No. 265]
- FISH AND WILDLIFE MANAGEMENT
- The changing of the characteristics and interactions of fish and wildlife population and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
- The generally flat terrain adjacent to streams, ponds, lakes and swamps as shown on the Flood Insurance Maps published by the Department of HUD and on the adopted Official Map, Master Plan or this chapter.
- The planting, cultivating and harvesting of trees for the
production of wood products, including firewood. It includes such
practices as reforestation, site preparation and other silvicultural
practices. For purposes of this chapter, the following activities
shall not be defined as "forestry," and, although they may otherwise
require an application for development, they shall not require the
issuance of a forestry permit:[Amended 5-8-1997 by Ord. No. 213A]
- A. Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
- B. Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
- C. Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
- D. Removal of trees necessary for the maintenance of utility or public rights-of-way;
- E. Removal or planting of trees for the personal use of the parcel owner; and
- F. Removal of trees for public safety.
- GARAGE, PRIVATE
- A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory.
- GARAGE, PUBLIC
- A building or part thereof, other than a private garage used for the storage, care or repair of motor vehicles customarily used for private transportation, local school buses, commercial vehicles, farm equipment and farm vehicles.
- GROSS FLOOR AREA
- The area measured by using the outside dimension of the building, excluding the area of the garage, attic, open porch or patio. Only those floor areas which have a ceiling height of seven feet, six inches or more and those areas used for storage space in nonresidential uses shall be included in the gross floor area. The gross floor area of a townhouse, apartment or other attached structure shall be measured from the center of interior walls and the outside of exterior walls.
- HABITABLE ROOM
- Any room except those used for kitchen, bath or utility purposes.
- The natural environment of an individual animal or plant, population or community.
- 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 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,
if such structures are compatible with uses in the immediate vicinity:
antennas which do not exceed a height of 200 feet and which are accessory
to an otherwise permitted use, silos, barns and other agricultural
structures, church spires, cupolas, domes, monuments, water towers,
fire observation towers, electric transmission lines and supporting
structures, windmills, smokestacks, derricks, conveyors, flagpoles
and masts, or aerials, solar energy facilities, chimneys and similar
structures to be placed above the roof level and not intended for
human occupancy. In addition, no height limitation in this chapter
shall apply to the antenna and any supporting structure of a local
communication facility of greater than 35 feet, provided that the
standards set forth in N.J.A.C. 7:50-5.4(c) are met.[Amended 5-8-1997 by Ord. No. 213A]
- HISTORIC RESOURCE
- Any site, building, area, district, structure, or object
important in American history, or prehistory, architecture, archaeology
and culture at the national, state, county, local or regional level.[Amended 5-8-1997 by Ord. No. 213A]
- HOME OCCUPATION
- A business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which use is incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building. "Home occupations" are subject to the regulations set forth in § 200-40 of this chapter.[Amended 5-20-2004 by Ord. No. 9-2004]
- HOUSEKEEPING UNIT
- One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
- Any plant growing in water or in substrate 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: grandparents, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins, husbands and wives, great-grandparents and great-grandchildren.[Amended 5-8-1997 by Ord. No. 213A]
- IMPERMEABLE SURFACE
- Any surface which does not permit fluids to pass through or penetrate its pores and spaces.
- INSTITUTIONAL USE
- Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities, military facilities, churches, cemeteries, public office buildings; and other similar facilities.
- INTERESTED PERSON OR PARTY
- Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter.
- INTERIM RULES AND REGULATIONS
- The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulation until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-l et seq.
- 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.
- LATTICE TOWER
- A freestanding tower with multiple legs and cross-bracing
of structural steel.[Added 11-13-2003 by Ord. No. 05-2003]
- LOADING SPACE
- An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
- LOCAL COMMUNICATIONS FACILITY
- An antenna and any support structure, together with any accessory
facilities, which complies with the standards contained in the Pinelands
Comprehensive Management Plan (N.J.A.C. 7:50-5.4) and which is intended
to serve a limited, localized audience through point-to-point communication,
including but not limited to cellular telephone service, personal
communications systems, paging systems and dispatch communications.
It does not include radio or television broadcasting facilities or
microwave transmitters.[Added 5-8-1997 by Ord. No. 213A; 11-13-2003 by Ord. No. 05-2003]
- A piece or parcel of land abutting on a street whose area, in addition to the parts thereof occupied or which may be hereafter occupied by a principal building and its accessory buildings, is sufficient to provide the yard space required in this chapter and conforming to minimum area requirements of this chapter.
- LOT AREA
- The area contained within the lot lines of a lot, including any portion of a street right-of-way.
- LOT CORNER
- A lot on the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°. On a corner lot, the owner shall have the privilege of selecting any abutting street line as the front line, provided such designation is clearly shown on the building plans filed with and approved by the Borough Construction Official. However, each side of a corner lot abutting on a street line shall meet the minimum requirements for lot width at the street line as set forth for the specific district involved in the Schedule of Limitations.
- LOT DEPTH
- The minimum horizontal distance between the front and rear lot lines.
- 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 district may be considered the lot frontage.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT LINE
- The legal boundaries of a lot as determined on the tax maps or in the records of the Borough Engineer of the Borough of Folsom.
- LOT WIDTH
- The horizontal distance between the side lot lines at the setback line, measured at right angles to its depth.
- MOBILE HOME
- A dwelling unit manufactured in one or more sections, designed
for long-term occupancy, and which can be transported after fabrication
to a site where it is to be occupied.[Added 2-23-1989 by Ord. No. 217]
- A type of freestanding tower with a single shaft of wood,
steel or concrete and a platform (or racks) for antennas arrayed at
the top.[Added 11-13-2003 by Ord. No. 05-2003]
- A building or group of buildings which:
- NAVIGABLE WATERS
- Water capable of being traversed by pleasure craft.
- NONCONFORMING BUILDING OR STRUCTURE
- A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
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.[Amended 5-20-2004 by Ord. No. 9-2004]
- NONCONFORMING LOT
- A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
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.[Amended 5-20-2004 by Ord. No. 9-2004]
- NONCONFORMING USE
- A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, 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.[Amended 5-20-2004 by Ord. No. 9-2004]
- OPEN SPACE
- Any part of a lot, with a building, which is unbuild upon and intended to meet the side, rear or front space requirements of this chapter, or an open area of potential developable use as a park, recreational, commercial, residential or industrial use.
- Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.[Amended 5-8-1997 by Ord. No. 213A]
- PARKING AREA, PRIVATE
- An open area, other than street, for the same uses as a private garage.
- PARKING AREA, PUBLIC
- An open area, other than street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers.
- PERMITTED USE
- Any use of the land as permitted according to this chapter.
- An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
- PINELANDS AREA
- That area designated as such by Section 10(a) of the Pinelands Protection Act, including the entirety of Folsom Borough.
- PINELANDS DEVELOPMENT CREDITS
- A use right allocated to certain lands within the Borough pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in regional growth areas located in other Pinelands Area municipalities.
- 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 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 and sand, gravel, clay or ilmenite.
- PLANTS, THREATENED OR ENDANGERED
- A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
- PRINCIPAL USE
- The main purpose for which a lot or building is used.
- A company that provides wireless services via a local communications
facility.[Added 11-13-2003 by Ord. No. 05-2003]
- PUBLIC DEVELOPMENT
- Development, including subdivision, by any municipality or other governmental agency.
- 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 agency.
- PUBLIC UTILITY
- Sewer service, gas, electricity, water, telephone, television,
roads, streets and similar services provided or maintained by any
public or private entity.[Added 9-26-1989 by Ord. No. 223]
- RECOMMENDED MANAGEMENT PRACTICE
- The management program which employs the most efficient use of available technology, natural, human and economic resources.
- RECORD TREE
- The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Commission.[Added 5-8-1997 by Ord. No. 213A]
- RECREATIONAL FACILITY, INTENSIVE
- Any recreational facility which is not a low-intensive recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.
- RECREATIONAL FACILITY, LOW-INTENSIVE
- A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low-intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.[Amended 5-8-1997 by Ord. No. 213A]
- RESOURCE CONSERVATION PLAN
- A plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
- RESOURCE EXTRACTION
- The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
- Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public community swimming pool, playground, playfield 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-IN
- Any restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles parked on the premises whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. All such drive-in restaurants and refreshment stands are specifically prohibited in all districts.
- REST HOME
- A private institution for rest and recuperation within which elderly infirm or ill persons may receive medical diagnosis and treatment as well as meals and lodging.
- The land and space required on the surface, subsurface and overhead for the construction and installation of materials and necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles and conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air as established by local authorities.
- SEASONAL HIGH WATER TABLE
- The level below the natural ground surface to which water seasonally rises in the soil in most years.
- SETBACK LINE
- A line drawn through the point of a building nearest to the street or lot line from which the setback line is measured and lying parallel thereto. The term "required setback" means a line beyond which a building is not permitted to extend under the provisions of this chapter establishing minimum depths and width of yards.
- SIGN AND/OR ADVERTISING STRUCTURE
- Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state or city, or any fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.
- SITE PLAN REVIEW
- The examination of the specific development plans for a lot. Where the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board.
- STRUCTURAL ALTERATION
- Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
- 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.
- The division of a lot, tract or parcel of land into two of
more lots, parcels, tracts or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter. If no new streets are created: 1) divisions
of land found by the Planning Board to be for agricultural purposes
where all resulting parcels are five acres or larger in size; 2) divisions
of property by testamentary or in estate provisions; 3) divisions
of property.[Added 9-28-1989 by Ord. No. 223; amended 6-8-2005 by Ord. No. 13-2005]
- The specific purpose for which a parcel of land or a building or portion of a building is designed, arranged, intended, occupied, or maintained. The portion "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
- UTILITY DISTRIBUTION LINES
- Lines, conduits or pipes located in a street, road, alley
or basement through which natural gas, electricity, telephone, cable
television, water, sewage, or stormwater discharge is distributed
to or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.[Amended 5-8-1997 by Ord. No. 213A]
- A departure from the terms of this chapter authorized by the Planning Board, in accordance with N.J.S.A. 40:55D-1 et seq.
- WAREHOUSE USE
- A place of business used solely for the storage and/or trans-shipment of goods with no provision for retail or wholesale selling activity on premises.
- Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture, and further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
- WETLANDS 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 Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Buck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh Soil types.
- WHOLESALE USES
- A place of business devoted to selling merchandise to retailers, industrial, commercial, institutional, farm or professional users, or other wholesalers or firms who act as agents or brokers in buying merchandise for, or selling merchandise to, such firms or persons.
- YARD, FRONT
- An open space extending across the full width of the lot, the depth of which is the minimum horizontal distance between the nearest point on the street line and the nearest part of a principal or accessory building.
- YARD, REAR
- An open space extending the full width of the lot between the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line.
- YARD, SIDE
- An open space extending from the front yard to the rear yard between the main building and the side lot line. The width of the required side yard shall be measured horizontally from the nearest point on the side lot line toward the nearest part of the main building.
Editor's Note: See N.J.S.A. 13:18A-5.
Editor's Note: See N.J.S.A. 13:18A-7.
Editor's Note: The definitions for “development, major” and “development, minor,” which followed this definition, were repealed 6-8-2005 by Ord. No. 13-2005.
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
Editor's Note: The Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
Editor's Note: See N.J.S.A. 13:18A-11a.
Editor's Note: Amended 5-20-2004 by Ord.No. 9-2004. The definitions of "specimen tree" and "standard subsurface sewage disposal system," which immediately followed this definition, were repealed 5-8-1997 by Ord. No. 213A.