[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 84-10; Ord. No. 85-10; Ord. No. 86-10; Ord. No. 89-4]
As used in this chapter, the following terms shall have the
meanings indicated:
Pursuant to N.J.S.A. 40:55D-3 of the New Jersey Statutes,
the City Clerk of the City of Estell Manor is designated as the "administrative
officer."
Any application filed with any permitting agency for any approval, authorization or permit except as provided in § 340-17A(2) of this chapter.
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 Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.[1]
The plan adopted by the Commission pursuant to Section 7
of the Pinelands Protection Act,[2] as amended (N.J.A.C. 7:50-1 et seq.).
The change or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels, the creation or termination of rights
of access or riparian rights, including, but not limited to:
A change in type of use of a structure or land.
A reconstruction, alteration of size or material change in the
external appearance of a structure or land.
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land.
Commencement of forest activities, resource extraction, drilling
or excavation on a parcel of land.
Demolition of a structure or removal of trees.
Deposit of refuse, solid or liquid waste or fill on a parcel
of land.
In connection with the use of land, the making of any material
change in noise levels, thermal conditions or emissions of waste material.
Alteration, either physically or chemically, of a shore, bank
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70, as heretofore or hereafter amended,
which do not otherwise include the issuance of a construction permit,
subdivision or site plan approval.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
The lanes required 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 therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Revised Statutes.
The final map of all or a portion of the subdivision which
is presented to the City Council for final approval in accordance
with these regulations, and which, if approved, shall be filed with
the proper county recording officer.
That portion of the Pinelands Area which is zoned in one
of the following categories:
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R-25
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Rural Residence Zone
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R-10
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Residence Zone
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R-5
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Residence Zone
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SD
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Special District
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HC
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Highway Commercial Zone
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C
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Conservation Zone
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That set forth under Section 3.1 of the Municipal Land Use
Law, Chapter 291, Laws of New Jersey 1975, N.J.S.A. 40:55D-4.
That set forth under Section 3.2 of the Municipal Land Use
Law, Chapter 291 of the Laws of New Jersey 1975, N.J.S.A. 40:55D-5.
A composite of the mapped and written proposals recommending
the physical development of the City, which shall have been duly adopted
by the Planning Board.
A subdivision of land that does not involve:
A creation of more than four lots from a single lot within a
five-year period. Each applicant for a "minor subdivision" shall state
whether any prior subdivisions have been made affecting the lot or
lots in question within a five-year period prior to the application.
In determining whether more than four lots are created, all lots created
from the original tract of which the subject lot was formed within
that five-year period shall be included, together with any new lots
proposed by the application.
Planned development.
Any new street.
Extension of any off-tract improvement.
That set forth under Section 3.2 of the Municipal Land Use
Law, Chapter 291, Laws of New Jersey 1975, N.J.S.A. 40:55D-5.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a plat, including performance bonds, escrow
agreements and other similar collateral or surety agreements.
The Pinelands National Reserve and the Pinelands Area designated
as such by Sections 3i and 10a of the Pinelands Protection Act.[3]
That area of the City of Estell Manor west of New Jersey
Route 50, north of Buck Hill Road and New Jersey Route 49.[4]
The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
That area of the City of Estell Manor east of New Jersey
Route 50.
N.J.S.A. 13:18A-1 to 13:18A-29.
The map of a subdivision.
The preliminary map, indicating the proposed layout of the subdivision which is submitted to the City Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 340-12 of this chapter.
The government of the United States of America; the State
of New Jersey or any other state; their political subdivisions, agencies
or instrumentalities; agencies or instrumentalities of other political
subdivisions; and interstate and regional agencies exercising sovereign
powers of government.
That set forth under Section 3.4 of the Municipal Land Use
Law, Chapter 291, Laws of New Jersey 1975, N.J.S.A. 40:55D-7.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
That set forth under Section 3.4 of the Municipal Land Use
Law, Chapter 291, Laws of New Jersey 1975, N.J.S.A. 40:55D-7.
In the Pinelands Area, any term or word not defined herein shall
be defined in accordance with the definitions set out in the New Jersey
Administrative Code covering the Pinelands Commission, N.J.A.C. 7:50-1
et seq. In the event of a conflict between a definition set forth
in this chapter and that in the New Jersey Administrative Code pertaining
to the Pinelands Area, that definition set forth in the New Jersey
Administrative Code shall control in the Pinelands Area.
