[Ord. #1985-7, Preamble]
PREAMBLE.
WHEREAS, since the date of enactment of the previous zoning
ordinance of the Township of Tabernacle, 1978-10, the State of New
Jersey has adopted the Pinelands Protection Act and the New Jersey
Pinelands Comprehensive Management Plan implementing same; and
WHEREAS, the aforesaid statute and regulations adopted thereunder
require that municipalities located within the Pinelands Area shall
amend its Master Plan and any ordinances applicable to the development
of land so that the Master Plan and ordinances are in conformance
with the minimum standards of the aforesaid statute and regulations.
WHEREAS, the Township Committee of the Township of Tabernacle
has developed a revision of the municipal Master Plan and the municipal
zoning ordinance so as to meet the standards for certification set
forth by the aforesaid statute and regulations adopted thereunder
while retaining as much as possible of the municipality's former documentation
which was not in conflict with the aforesaid statute and regulations
in an effort to preserve continuity for both applicant and administrator
alike in processing applications under the revised developmental ordinance.
[Ord. #1985-7, A I]
A short form by which this Ordinance (sometimes referred to
as "Chapter") may be known shall be "The Zoning Ordinance of the Township
of Tabernacle, Burlington County, New Jersey."
[Ord. #1985-7, A II]
The purpose of this Chapter shall be to establish a pattern
for the use of land and buildings as required to bring this ordinance
into conformance with the Pinelands Protection Act and Comprehensive
Management Plan adopted thereunder for the purpose of obtaining certification
of the municipal plan of the Township of Tabernacle, while at the
same time accomplishing those purposes outlined by the Municipal Land
Use Act (N.J.S. 40:55D-2 et seq.) by establishing a pattern for the
use of land and buildings based upon the Master Plan and enacted in
order to promote and protect the public health, safety, morals, comfort,
convenience and the general welfare of the people. This Chapter is
intended to regulate the use of land within zoning districts, secure
safety from fire, panic, and other dangers, provide adequate light
and air, promote orderly development, avoid undue concentration of
population, prevent the overcrowding of land or buildings, establish
standards of development, limit congestion in the streets, prohibit
incompatible uses, regulate the alteration of existing buildings,
protect against hazards, conserve the taxable value of land, preserve
open space, historic and natural features, permit the development
of land in accordance with the purposes of the planned unit development
ordinance and encourage the inclusion of aesthetics, amenities of
living, and a balance of public services.
[Ord. #1985-7, A III]
The provisions of this Chapter shall be held to be the minimum
requirements. Where this Chapter imposes a greater restriction than
other provisions of law, the provisions of this chapter shall control.
Where other provisions of law require greater restrictions than this
Chapter, the provisions of such other laws shall control. This is
particularly true with respect to the regulations set forth for the
New Jersey Pinelands, in the Comprehensive Management Plan adopted
under the Pinelands Protection Act.
[Ord. #1985-7, A IV; Ord. #1999-1, § II]
For the purpose of this Chapter, the Township of Tabernacle
is hereby divided into the following zone areas as they are set forth
in the New Jersey Pinelands Comprehensive Management Plan. Within
several of the zone areas are zone districts. The following areas
and zone districts are hereby known as:
|
Preservation Area
|
|
Special Agricultural Area
|
|
Infill District
|
|
Forest Area
|
|
Agricultural Production Area
|
|
Rural Development Area
|
|
Rural Development District Number 1
|
|
Rural Development District Number 2
|
|
Regional Growth Area
|
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Residential District
|
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Residential - Regional High School District
|
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Mobile Home District
|
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Shopping Center Commercial District
|
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Commercial District
|
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Industrial District
|
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Pinelands Village
|
[Ord. #1985-7, A IV; Ord. #1999-1, § II]
The Zoning Map, revised March 15, 1999, is hereby approved as revised to show the zone districts and areas as the same have been altered from that which existed prior to this revision and together with the Schedule of Limitations set forth in Article XVI of this Chapter are hereby made a part of this Chapter and adopted by reference and the boundaries of each area and district are hereby established as shown on said revised Zoning Map and only such uses of land shall be therein permitted as are specifically allowed by this Chapter in such area and district. All other uses are prohibited.
a.Â
Zoning
Map Amendments.
1.Â
The Township
Committee of the Township of Tabernacle hereby changes the zoning
district classifications of those lots specified in the following
table and amends the Township Official Zoning Map accordingly.
[Added 12-6-2021 by Ord. No. 2021-10]
|
Property
|
Existing
Zoning Classification
|
Amended
Zoning Classification
| |
|---|---|---|---|
|
Block
|
Lot
| ||
|
1401
|
1
|
Infill Commercial District
|
Infill Residential District
|
|
1401
|
2
|
Infill Commercial District
|
Infill Residential District
|
|
1401
|
3
|
Infill Commercial District
|
Preservation Area District
|
|
1401
|
4
|
Infill Commercial District
|
Infill Residential District
|
|
1401
|
5
|
Infill Commercial District
|
Infill Residential District
|
|
1401
|
6.01
|
Infill Commercial District
|
Infill Residential District
|
|
1401
|
6.02
|
Infill Commercial District
|
Infill Residential District
|
|
1401
|
6.03
|
Infill Commercial District
|
Infill Residential District
|
|
1401
|
6.04
|
Infill Commercial District
|
Infill Residential District
|
|
1401
|
7
|
Infill Commercial District
|
Infill Residential District
|
[Ord. #1985-7, A IV]
Zoning and planned unit development district boundary lines
are intended to follow street centerlines, streams and lot or property
lines unless otherwise indicated by dimensions on the zoning and planned
unit development maps. Any dimensions shown shall be in feet, measured
horizontally and measured from the street right-of-way lines even
if the centerline of that street serves as a district line. The location
of any disputed zoning district line shall be determined by the Board
of Adjustment and any disputed planned unit development district line
by the Planning Board. District lines extend vertically in both directions
from ground level. Where a street or public way serves as the zoning
district and it is lawfully vacated, the former centerline shall be
considered the zoning district line.
[Ord. #1985-7, S IV; amended 7-26-2021 by Ord. No. 2021-03]
a.Â
All uses
not expressly permitted in this Chapter shall be prohibited.
b.Â
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P. L. 2021, c.
16, are prohibited in the Township.
[Added 7-26-2021 by Ord. No. 2021-03]
1.Â
Pursuant
to section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
all cannabis establishments, cannabis distributors or cannabis delivery
services are hereby prohibited from operating anywhere in the Township
of Tabernacle. This prohibition shall also apply in those parts of
the Township of Tabernacle under the jurisdiction and authority of
the State of New Jersey Pinelands Commission, New Jersey State Department
of Environmental Protection, and/ or any other independent state agency,
commission or authority, notwithstanding any State law to the contrary.
[Ord. #1985-7, A IV]
All requirements shall be met at the time of any erection, enlargement,
moving or change in use.
[Ord. #1985-7, A V; Ord. #1989-3, § 2; Ord. #1991-3,
§ 2; Ord. #1993-2, § 2; Ord. #1997-9, § 4;
Ord. #1997-11, § 1; Ord. #2001-4, § 3; Ord. #2003-6,
§ 1; Ord. #2012-4, § 2; Ord. No.
2018-5 § 5]
For the purpose of this Chapter, certain phrases and words are
herein defined as follows: "Lot" includes plot, premises and tract.
Any word or term not defined herein shall be used with a meaning of
standard usage.
Shall mean a subordinate use, clearly incidental and related
to the principal structure, building or use of the land, and located
on the same lot as that of the principal structure, building or use.
Shall mean a retail sales establishment primarily intended
to sell agricultural products produced in the Pinelands. An agricultural
commercial establishment may be seasonal or year round and may or
may not be associated directly with a farm; however it does not include
supermarkets, convenience stores, restaurants and other establishments
which coincidentally sell agricultural products, nor does it include
agricultural production facilities such as a farm itself, nor facilities
which are solely processing facilities.
Shall mean residential dwellings for the seasonal use of
employees of an agricultural or horticultural use which, because of
their character or location, are not to be used for permanent housekeeping
units and which are otherwise accessory to a principal use of the
lot for agriculture.
Shall mean 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.
Shall mean the growing and harvesting of crops or the raising
and breeding of livestock with accessory buildings incidental to agricultural
uses.
Shall mean any change in supporting members of a building
or additions to a structure requiring walls, foundations, columns,
beams, girders, posts or piers or the moving of a structure.
Shall mean an individual or community on site waste water
treatment system that has the capability of providing a high level
of treatment including a significant reduction in the level of total
nitrogen in the wastewater and that has been approved by the Pinelands
Commission for participation in the alternate design wastewater treatment
systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed
plans and specifications for each authorized technology are available
at the principal office of the Pinelands Commission.
[Ord. No. 2018-5 § 5]
Shall mean those animals listed for protection under N.J.S.A.
6:50-6.23.
Shall mean 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 Section 17-72.
Shall mean any board, body or other authority within the
Township with authority to approve or disapprove subdivisions, site
plans, construction permits or other applications for development
approval.
Shall mean the establishment of tree cover through direct
or supplemental seeding or planting.
Shall mean a silvicultural practice involving the preparation
of land before planting in the form of small mounds so as to concentrate
topsoil and elevate the root zone of seedlings above temporary standing
water.
Shall mean a silvicultural practice involving the dragging
of cut trees or other objects across a parcel to remove or reduce
aboveground shrub cover, debris, leaf litter and humus without disturbance
to mineral soil horizons and associated roots.
Shall mean any structure having a roof supported by such
things as columns, posts, piers or walls.
Shall mean 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.
Shall mean the vertical distance measured to the highest
point of the building or structure from the average elevation of the
finished grade five (5') feet from the foundation. No building or
structure not within the Regional Growth Area, including radio and
television transmission and other communication facilities which are
not accessory to an otherwise permitted use, shall exceed thirty-five
(35') feet in height with the exception of the following structures,
provided that such structures are compatible with uses in the immediate
vicinity: antennas which do not exceed a height of two hundred (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, flag poles and masts, or aerials, solar energy facilities,
chimneys and similar structures to be placed above the roof level
and not intended for human occupancy.
Shall mean the New Jersey Pinelands Comprehensive Management
Plan.
Shall mean 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.
Shall mean a place used or suitable for camping on which
temporary shelter such as a tent or camper may be placed and occupied
on a temporary and seasonal basis.
Shall mean the approval issued by the Pinelands Commission
which is prerequisite to the commencement of any development by the
municipality or other public agency (see Article 4, Part 4 of the
C.M.P.).
Shall mean 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.
Shall mean a silvicultural practice involving removal of
an entire forest stand in one cutting for purposes of regeneration
either obtained artificially, by natural seed or from advanced regeneration.
Clearcutting typically results in the removal of all woody vegetation
from a parcel in preparation for the establishment of new trees; however,
some trees may be left on the parcel.
Shall mean the Pinelands Commission created pursuant to Section
5 of the Pinelands Protection Act.
Shall mean land which is connected or adjacent to other land
so as to permit the land to be used as a functional unit; provided
that separation by lot line, streams, dedicated public roads which
are not paved, rights-of-way, and easement 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.
Shall mean a silvicultural practice involving the production
of forest stands from vegetative sprouting by the trees that are harvested
(stump sprouts, root suckers, and naturally rooted layers). Coppicing
typically involves short rotations with dense stands of short trees.
Shall mean the average number of housing units per unit of
land.
Shall mean the change or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two or more parcels, and the creation or
termination of rights of access or riparian rights including, but
not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the 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 resource extraction, drilling, or excavation
on a parcel of land;
Commencement of forestry activities;
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; and
Alteration, either physically or chemically, of a shore, bank
or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
Shall mean any approval granted by an approval agency, including
appeals to the governing body, except certificates of occupancy and
variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise
include issuance of a construction permit, subdivision or site plan
approval.
Shall mean any division of land into five or more lots; any
construction or expansion of any housing development of five or more
dwelling units; any construction or expansion of any commercial or
industrial use or structure on a site of more than three acres; or
any grading, clearing or disturbance of an area in excess of 5,000
square feet.
Shall mean all development other than major development.
Shall mean a silvicultural practice involving the drawing
of one or more heavy, round, concave, sharpened, freely rotating steel
disks across a site for the purposes of cutting through soil and roots
or cutting and turning a furrow over an area
Shall mean the removal of surface water or ground water from
land by drains, grading or other means including control of runoff
to minimize erosion and sedimentation during and after construction
or development and means necessary for water supply preservation or
prevention or alleviation of flooding.
Shall mean the land required for the installation and maintenance
of storm water facilities in accordance with Chapter One of Title
58 of the Revised Statutes, as amended.
Shall mean a silvicultural practice involving the drawing
of a large cylindrical drum with cutting blades mounted parallel to
its axis across a site to break up, slash, and 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.
Shall mean a single-family, semi-detached dwelling unit having
only one dwelling unit from ground to roof and only one wall in common
with another dwelling unit.
Shall mean a building detached from other buildings for residence
purposes by one family and which has its own cooking, sleeping, sanitary
and general living facilities.
Shall mean a building containing more than two dwelling units.
Shall mean one or more rooms containing living, cooking,
sleeping and sanitary facilities for one family.
Shall mean all electric lines other than electric transmission
lines.
Shall mean electric lines which are part of an electric company's
transmission and subtransmission system, which provide a direct connection
between a generating station or substation of the utility company
and: (a) another substation of the utility company; (b) a substation
of or interconnection point with another interconnecting utility company;
(c) a substation of a high-load customer of the utility.
Shall mean persons living and cooking together as a single
housekeeping unit whether or not related by blood, adoption or marriage
shall be deemed to constitute family.
Shall mean one or more adjoining lots with at least five
acres used for agricultural purposes.
Shall mean the changing of the characteristics and interactions
of fish and wildlife populations and their habitats in order to promote,
protect or enhance the ecological integrity of those populations.
Shall mean the total floor area in a structure 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 seven and one-half (7Â 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 cellar and warehousing
and storage areas, regardless of ceiling height.
Shall mean a uniform group of trees of similar species, composition,
size, age and similar forest structure.
Shall mean the planting, cultivating and harvesting of trees
for the production of wood products, including firewood or for forest
health. It includes such practices as reforestation, site preparation
and other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this Chapter, the following activities shall not be
defined as forestry:
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this Chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
Shall mean an accessory building or portion of the main building
for the parking of the vehicles of the occupants of the lot.
Shall mean a silvicultural practice whereby a group of trees
is periodically selected to be removed from a large area so that age
and size classes of the reproduction are mixed.
Shall mean the natural environment of an individual animal
or plant, population or community.
Shall mean any site, building area, district, structure,
or object important in American History or prehistory, architecture,
archaeology and culture at the National, State, County, local or regional
level.
Shall mean an occupation being conducted wholly or in part
from a residence or its residential lot as an accessory use. Such
occupations shall be conducted solely by the resident occupants of
the residential building except that no more than one person not a
resident of the building may be employed and provided also that no
more than 900 square feet or the equivalent of the first floor area
of the building, whichever is smaller, shall be used for such purposes.
No display of products shall be visible from the street; the residential
character of the building shall not be changed; no sign shall be displayed
exceeding a maximum of two square feet; no occupational sounds shall
be audible outside the buildings; no article shall be offered for
sale from the premises nor shall any article be displayed outside;
no machinery or equipment shall be used which will cause interference
with radio and television reception in the neighboring residences;
and the use shall not reduce the parking or yard requirements of the
principal residential use.
Shall mean any plant growing in water or in substrate that
is at least periodically deficient in oxygen as a result of excessive
water content.
Shall mean those persons related by blood or legal relationship
in the following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Ord. No. 2018-5 § 5]
Shall mean any surface that has been compacted or covered
with a layer of material so that it prevents, impedes or slows infiltration
or absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
Shall mean a silvicultural practice whereby single trees
are periodically selected to be removed from a large area so that
age and size classes of the reproduction are mixed.
Shall mean a tract comprehensively planned for industrial
uses whether or not the buildings are erected in one development stage
or over a period of time.
Shall mean any land used for the following public or private
purposes: educational facilities, including universities, colleges,
elementary and secondary and vocational schools, kindergartens and
nurseries; cultural facilities such as libraries, galleries, museums,
concert halls, theaters and the like; 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; other similar facilities.
For purposes of this ordinance, 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.
Shall mean any persons 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 of the United States has been
denied, violated or infringed upon by an action or a failure to act
under this Chapter.
Shall mean the regulations adopted by the Pinelands Commission
pursuant to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
Shall mean any area of land, with or without buildings, devoted
to the storage, keeping or abandonment of junk or debris, whether
or not it is in connection with the dismantling, processing, salvage,
sale, or other use of disposition thereof of any material whatsoever.
Shall mean and include the surface and the subsurface of
the earth as well as improvements and fixtures on, above, or below
the surface and any water found thereon.
Shall mean any individual, firm, association, syndicate,
copartnership, 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.
Shall mean an off-street berth within a structure or in the
open, but on the same lot with a building or group of buildings, for
the temporary parking of a vehicle while loading or unloading.
Shall mean an antenna and any support structure, together
with any accessory facilities, which complies with the standards in
N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized
audience through point to point communication, including cellular
telephone cells, paging systems and dispatch communications. It does
not include radio or television broadcasting facilities or microwave
transmitters.
Shall mean the area contained within the lot lines.
Shall mean the area contained within the lot lines.
Shall mean a lot at the junction of two or more intersecting
streets where the interior angle of the intersection does not exceed
one hundred thirty-five (135°) degrees.
Shall mean the shortest distance between the front lot line
and a line drawn parallel to the front line through the midpoint of
the rear lot line.
Shall mean the distance between the 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 five hundred (500') feet, the minimum distance between the side lot lines measured at the street lines shall not be less than 75% of the required minimum lot frontage. In the case of a corner lot, both frontage and setback are governed by the provision dealing with corner lots under Article II, General District Regulations of this Chapter.
Shall mean a lot other than a corner lot.
Shall mean any line forming a portion of the exterior boundary
of a lot, which shall be the same line as the street line for that
portion of a lot abutting a street.
Shall mean the horizontal distance between side lot lines
measured at setback points on each side lot line an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line.
Shall mean 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.
Shall mean the establishment of a plant or plant age class
from natural seeding, sprouting, suckering or layering.
Shall mean a building or structure whose location upon a
lot or size does not conform to the regulations of this Chapter.
Shall mean a lot of record not having the minimum width,
frontage, depth or area for the zone in which it is located.
Shall mean a use occupying a building, structure or lot which
does not conform to the use regulations of this Chapter.
Shall mean a sign, other than a sign which advertises an
agricultural commercial establishment, which directs attention to
a business, commodity, service or entertainment conducted, sold or
offered at a location other than the premises on which the sign is
located.
Shall mean improvements made outside the original tract to
accommodate conditions generated inside the original tract that are
transferred offsite as the result of the proposed development.
Shall mean any individual, firm, association, syndicate,
copartnership, trust or any other legal entity having legal title
to the land.
Shall mean any quantity of land, consisting of one or more
lots, that is capable of being described with such definiteness that
its location and boundaries may be established.
Shall mean an area either within a structure or in the open
for the parking of motor vehicles. The area of a parking space is
intended to be of sufficient area to accommodate the exterior extremities
of the vehicle, whether in addition thereto wheel blocks are installed
within this area to prevent the bumper from overhanging one end of
the parking space. The width and length of each space shall be measured
perpendicular to each other and shall be as required by the provisions
of this Chapter, regardless of the angle of the parking space to the
access aisle or driveway.
Shall mean any security which may be accepted by the Township
Committee to guarantee the completion of the required improvements
before approval of the proposed development including performance
bonds with responsible surety authorized to do business in the State
of New Jersey, or escrow agreements secured by cash or certified check.
Shall mean the rate at which water moves through a unit area
of soil, rock, or other material at hydraulic gradient of one.
Shall mean any use of land or buildings as permitted by this
Chapter.
Shall mean an individual, corporation, public agency, business
trust, partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
Shall mean that area designated as part of the Pinelands
Area by Section 10 (a) of the New Jersey Pinelands Protection Act
(N.J.S.A. 13:18A-1 et seq.) which includes all of Tabernacle Township.
Shall mean a use right allocated to certain lands within
the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure
a residential density bonus in the Township of Tabernacle and other
Pinelands municipalities.
Shall mean the agency responsible from February 8, 1979 until
June 28, 1979 for the review of and action on application 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.
See N.J.A.C. 7:50-6.43.
Shall mean N.J.S.A. 13:18A-1 to 29.
Shall mean any use which is based on resources which are
indigenous to the Pinelands including but not limited to forest products,
berry agriculture and sand, gravel, clay or ilmenite.
Shall mean an area of a minimum contiguous size of at least
30 acres to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
those other uses set forth in the same ordinance section as the principal
permitted uses for this zoning district, and any residential use together
with their accessory structures, incidental to the predominant use
as may be permitted by the ordinance. Residential uses on the site
shall follow the bulk and area requirements of the Regional Growth
Area. Each residential dwelling unit must be developed using Pinelands
Development Credits. Density of one dwelling unit per acre is allowed
if the residences are served by an alternative or innovative on-site
waste water system or a public or private sewerage treatment facility.
The predominant commercial use for tracts between 30 to 50
acres in size shall be at least 50%. For tracts more than 50 acres
in size, the commercial development must be at least 35%. The commercial
use shall be constructed as the first phase of the planned development.
Building permits for subsequent phases of development shall not be
issued until a Certificate of Occupancy has been issued for the first
phase of the development.
Shall mean a Pinelands plant species whose survival worldwide,
nationwide, or in the State is in jeopardy.
Shall mean that area so designated by Section 10 (b) of the
Pinelands Protection Act.
Shall mean the main purpose for which any lot and/or building
is used.
Shall mean an institution of education whose curriculum is
approved by the New Jersey Department of Education or the New Jersey
Department of Higher Education.
Shall mean the office of a licensed physician, dentist, veterinarian,
psychologist, lawyer, engineer, accountant, architect, or land surveyor,
and no others.
Shall mean all land within the Pinelands Area which is not
included in the Preservation Area.
Shall mean development, including subdivision, by any Township
or other governmental agency.
Shall mean the use of land by the Township Committee, School
Board, or some officially created municipal agency or authority.
Shall mean sewer service, gas, electricity, water, telephone,
cable television, and other public utilities developed linearly, roads
and streets and other similar services provided or maintained by any
public or private entity.
Shall mean the largest tree of a particular species in New
Jersey based on its circumference at four and one-half (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.
Shall mean any recreational facility which does not satisfy
the definition of low intensive recreational facility, including but
not limited to golf courses, marinas, amusement parks, hotels, and
motels.
Shall mean a facility or area which complies with the standards
of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural
environment of the Pinelands and requires no significant modifications
of that environment other than to provide access, and which has an
insignificant impact on surrounding uses or on the environmental integrity
of the area. It permits such low intensity uses as hiking, hunting,
trapping, fishing, canoeing, nature study, orienteering, horseback
riding and bicycling.
Shall mean boats, campers, trailers, self-propelled mobile
homes, related vehicles.
Shall mean the dredging, digging, extraction, mining and
quarrying of sand, gravel, clay, or ilmenite for commercial purposes,
not including, however, the private or agricultural extraction and
use of extracted material by a landowner.
Shall mean a plan, prepared in accordance with the United
States Department of Agriculture, Natural Resources Conservation Service
New Jersey Field Office Technical Guide, dated June 2005. Such plans
shall prescribe needed land treatment and related conservation and
natural resources management measures, including forest management
practices, for the conservation, protection and development of natural
resources, the maintenance and enhancement of agricultural or horticultural
productivity, and the control and prevention of non-point source pollution;
and establish criteria for resource sustainability of soil, water,
air, plants and animals.
Shall mean the total width and length of the course of property
along a street, watercourse, utility alignment, or other way and within
which all improvements and rights of access are confined.
Shall mean a silvicultural practice involving the drawing
of a set of tines, mounted on the front or trailed behind a tractor,
over an area to thoroughly disturb tree and vegetation roots and/or
to collect stumps and slash.
Shall mean the means by which refuse is deposited, compacted
and covered with clean fill and meeting all the requirements of the
New Jersey Department of Environmental Protection and the municipality.
Shall mean the level below the natural surface of the ground
to which water seasonally rises in the soil in most years.
Shall mean a silvicultural practice involving the removal
of old forest stand in one cutting, except for a small number of trees
left singly, in small groups or narrow strips, as a source of seed
for natural regeneration.
Shall mean lands and buildings where motor fuel, lubricants,
and miscellaneous accessories for motor vehicles are sold and dispensed
and where services may be rendered for engine and mechanical repairs,
but where no vehicular painting and/or body work is done and where
no junked or unregistered motor vehicles are so kept or stored.
Shall mean a line drawn parallel to a street line or lot
line and drawn through the point of the building nearest to the street
line or lot line beyond which a building does not project. The minimum
yard requirements shall be the minimum required setbacks.
Shall mean a silvicultural practice involving the establishment
of a new, essentially even-aged forest stand from release, typically
in a series of cuttings, of new trees started under the old forest
stand. A shelterwood cut involves the establishment of the new forest
stand before the old forest stand is removed.
Shall mean a grant to the County or Township sufficient to
fulfill the intent and purpose of the easement as provided for in
the site plan review section of this Chapter.
Shall mean any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interest of any person or product when the same is placed in a position
to be seen by the general public from any street or public way.
Shall mean a facility through which storm water is directed
and which is designed to collect silt and eroded soil.
Shall mean the examination of specific development plans
for a lot. Wherever the term "site plan approval" is used in this
Chapter, it shall be understood to mean review and approval by the
Planning Board.
Shall mean a solar energy system and all associated components,
including, but not limited to, panels, arrays, footings, supports,
mounting and stabilization devices, inverters, electrical distribution
wires and other on-site or off-site infrastructure necessary for the
facility, which converts solar energy into usable electrical energy,
heats water or produces hot air or other similar function.
[Ord. No. 2018-5 § 5]
Shall mean that portion of a building comprised between a
floor and the floor next above it. A half story is between a floor
and the roof with a height of not less than seven and one-half (7Â 1/2')
feet of clear space above at least 1/3 of the floor area.
Shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing State, County, or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action pursuant to
the Municipal Land Use Act, R.S. 40:55D-1.1 et seq., as amended, or
a street or way on a plat duly filed and recorded in the office of
the County Clerk prior to the appointment of a Planning Board and
the grant to such board of the power to receive plats. It shall include
the lands between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
classifications and other areas within the street lines. Street classifications
shall be those set forth in the adopted Master Plan.
Shall mean the edge of the street right-of-way forming the
dividing line between the street and a lot.
Shall mean any change in either the supporting members of
a building, such as bearing walls, columns, beams and girders, or
in the dimensions of configurations of the roof or exterior walls.
Shall mean anything constructed, assembled, or erected with
a fixed location above, on or below the ground or attachment to something
having such fixed location.
Shall mean the same as "building height."
Shall mean the division of a parcel of land into two or more
lots, tracts, parcels or other divisions of land. The following shall
not be considered subdivisions within the meaning of this Chapter,
if no development occurs or is proposed in connection therewith:
Shall mean the facilities constructed above or below ground
having a depth of more than two (2') feet or a water surface of 100
square feet or more and designed and maintained for swimming purposes.
Swimming pools shall include all buildings, structures, equipment,
aprons, appurtenances, all of which shall be considered part of the
total improvement constructed on the site.
Shall mean a swimming pool located as an accessory use to
a residence for use by members of the residence and guests.
Shall mean a silvicultural practice involving the removal
of competing trees to favor certain species, sizes and qualities of
trees.
Shall mean services provided to a use including, but not
limited to sewage treatment, water supply, gas, electric and telephone.
Shall mean lines, conduits or pipes located in a street,
road, alley or easement through which natural gas, electricity, telephone,
cable television, water, sewage or storm water 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.
Shall mean those soils designated as very poorly drained
or poorly drained by the Soil Conservation Service of the United States
Department of Agriculture, including but not limited to Atsion, Bayboro,
Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke,
St. Johns and Freshwater Marsh and Tidal Marsh soil types.
Shall mean those lands which are inundated or saturated by
water at a magnitude, duration and frequency sufficient to support
the growth of hydrophytes. Wetlands include lands with poorly drained
or very poorly drained soils as designated by the National Cooperative
Soils Survey of the Soil Conservation Service of the United States
Department of Agriculture, and are further defined in N.J.A.C. 7:50-6.3
through 6.5.
Shall mean the establishment of a characteristic wetland
or the removal of exotic species or phragmites from a wetland in accordance
with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
exotic species are those that are not indigenous to North America.
Shall mean an open space extending between the closest point
of any building and a lot line or street line. 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. The front yard shall
be the area extending across the full width of a lot line between
the street line and the building. The rear yard is the open space
extending across the full width of the lot between the rear lot line
and the building. The side yard is an open space extending from the
front yard to the rear yard and lying between each side lot line and
the closest point of a building.
[Ord. #1985-7, A V; Ord. #1989-3, § 2]
Any word or term not defined above but defined in Sections 40:55D-3
to 40:55D-7 of the Municipal Land Use Law, Chapter 291 of the Laws
of New Jersey of 1975, shall be defined as the same is defined in
those sections. Any word or term not defined above which is defined
in N.J.A.C. 7:50-2.11, as heretofore or hereafter amended, shall be
defined as set forth in said Plan. In the case of conflict with the
municipal ordinance, the definitions contained in the Comprehensive
Management Plan shall prevail.
