Words and phrases shall be presumed to have their ordinary meanings unless specifically defined or interpreted differently in the section following. Disputes concerning the definition or interpretation of a word shall be resolved by the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
For the purposes of this chapter, certain words and terms are defined as follows: Words used in the present include the future; words used in the singular include the plural number, and words in the plural include the singular number; the word "person" includes an individual, corporation or partnership; the word "building" shall include the word "structure"; the term "used" shall include the words "arranged," "designed" or "intended to be used"; the term "occupied" shall include the words "arranged," "designed" or "intended to be occupied"; the word "lot" includes the word "plot"; the word "zone" includes the word "district"; the word "premises" includes "vacant land"; the word "shall" indicates a mandatory requirement; and the term "may" indicates a permissive action.
This chapter, being necessary for the welfare of Egg Harbor City and its inhabitants, shall be construed liberally to effect the purposes of this chapter and the Pinelands Comprehensive Management Plan.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY BUILDING
- A building detached from and subordinate to the principal building on the same lot, the use of which is customarily incidental to that of the principal building.
- ACCESSORY USE
- A use customarily incidental and subordinate to the main use conducted on a lot, whether such accessory use is conducted in the main or accessory building.
- ACTIVE RECREATION AREAS
- Includes parks, playgrounds, golf courses, tennis courts, swimming areas (lakes, rivers and pools), bicycle paths, indoor recreational facilities, etc.
- ADMINISTRATIVE OFFICER
- The Zoning Officer of Egg Harbor City, unless a different municipal official is designated within this chapter or by statute.
- ADVERTISING SIGN
- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
- AGRICULTURAL COMMERCIAL ESTABLISHMENT
- A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year-round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products, nor does it include agricultural production
facilities, such as a farm itself, nor facilities which are solely
processing facilities.[Added 4-6-1989 by Ord. No. 5-1989]
- 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
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.[Added 2-24-2005 by Ord. No. 5-2005; 11-8-2018 by Ord. No. 14-2018]
- A means for making changes in the text of this chapter and the Zoning Map, which have more or less general significance or application, as expressly authorized by the provisions of Article I of this chapter.
- ANIMALS, THREATENED OR ENDANGERED
- Those animals specified in N.J.A.C. 7:50-6.32.
- A room or suite of rooms used as a single dwelling unit and located in a building in which there are two or more rooms or suites.
- A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter, as expressly authorized by the provisions of Article I, § 170-6J, of this chapter.
- A developer submitting an application for development.
- APPLICATION FOR DEVELOPMENT
- An application form and all accompanying documents required by ordinance for the issuance of a construction or zoning or forestry permit, the approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit issued pursuant to § 170-14 of Article II of this chapter. In the Pinelands Area, this 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 Article V, § 170-32A(2).[Amended 4-6-1989 by Ord. No. 5-1989; 8-17-1989 by Ord. No. 13-1989]
- APPROVING AUTHORITY
- Any board, body or other authority within the City with the authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
- ARTIFICIAL REGENERATION
- The establishment of tree cover through direct or supplemental
seeding or planting.[Added 2-9-2012 by Ord. No. 5-2012]
- That part of a building which is immediately below and wholly or partly within the roof framing, not generally used as living space.
- AUTOMOBILE SERVICE STATION
- Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing of sales of automobile fuels, which activity may be accompanied by accessory uses, such as sales of lubricants, tires, accessories or supplies, minor repairing of automobiles or a single-bay auto wash; provided, however, that automobile wrecking, the major repairing of automobiles, the parking or storing of automobiles for hire and the operation of more than one towing vehicle shall not be deemed permissible accessory uses of an automobile service station.
- AUTOMOBILE WRECKING
- The dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
- AUTOMOTIVE REPAIR GARAGE
- Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.[Amended 4-6-1989 by Ord. No. 5-1989]
- AUTOMOTIVE SALES BUILDING
- A building for the sale of, hire of or remuneration from automotive and other vehicles and equipment. This shall be interpreted to include auto accessory sales rooms, but not the sale of junked vehicles and equipment.
- A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for businesses or dwelling purposes.
- 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 2-9-2012 by Ord. No. 5-2012]
- A mound of soil on a site used as view obstruction, either natural or man-made.
- BIKE PATH
- An unobstructed right-of-way designed, marked and paved exclusively for the use of foot-powered and nonmotorized bicycles. Such bicycle paths shall be designed in accordance with Article V of this chapter.
- BOARD OF ADJUSTMENT
- The Board of Egg Harbor City established pursuant to Section 56 of the Municipal Land Use Law, N.J.S.A. 40:55D-69, and sometimes referred to as the "Zoning Board of Adjustment."
- BROADCAST SCARIFICATION
- A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce aboveground shrub
cover, debris, leaf litter and humus without disturbance to mineral
soil horizons and associated roots.[Added 2-9-2012 by Ord. No. 5-2012]
- An area within a property or site generally adjacent and parallel to the property line, consisting of either natural existing vegetation or created by the use of trees, shrubs or fences.
- A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
- BUILDING CODE
- The Uniform Construction Code of New Jersey as from time to time adopted, readopted and amended.
- BUILDING FRONT
- That exterior wall of a building facing the front line of the lot.
- BUILDING, HEIGHT OF
- The vertical distance measured from the average elevation
of existing grade to the highest point of the coping of a flat roof
or the deck line of mansard roofs or to the average height of the
highest gable of a pitch or hip roof. In no case will the ridgeline
be greater than 10 feet high or exceed 35 feet, except where permitted.
The height limitations of this chapter shall not apply to any of the
following structures, provided that 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, 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.[Amended 7-24-1997 by Ord. No. 7-1997]
- BUILDING, PRINCIPAL
- A building in which is conducted the main or principal use of the lot, to which all other buildings on the lot are accessory.
- BUILDING SETBACK LINE
- An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line.
- The term used to describe the size of buildings or other structures and their relationship to each other, to open areas, such as yards, and to lot lines, and includes the size, height and floor area of a building or other structure; the relation of the number of dwelling units in a residential building to the area of the lot (usually called "density"); and all open areas in yard space relating to buildings and other structures.
- CABLE TELEVISION COMPANY
- A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).[Added 2-22-1996 by Ord. No. 2-1996]
- A portable structure which is self-propelled or mounted on
or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation or other short-term uses. Camper
does not include mobile homes or trailers.[Added 4-6-1989 by Ord. No. 5-1989]
- A place, used or suitable for camping, on which temporary
shelter, such as a tent or camper, may be placed and occupied on a
temporary and seasonal basis.[Amended 4-6-1989 by Ord. No. 5-1989]
- CAPITAL IMPROVEMENT
- A governmental acquisition of real property or major construction
project.[Added 2-22-1996 by Ord. No. 2-1996]
- A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories, nor shall it be considered in the calculation of habitable area as called for in various residential districts. (See "basement.")
- CERTIFICATE OF APPROPRIATENESS
- A certificate issued by the Land Use Board pursuant to Article VIII of this chapter.[Amended 4-6-1989 by Ord. No. 5-1989; 8-28-2014 by Ord. No. 9-2014]
- CERTIFICATE OF FILING
- A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:40-4.34 that a complete application for development
has been filed.[Amended 4-6-1989 by Ord. No. 5-1989]
- The identifiable bed and banks of a natural stream which conveys the constant or intermittent flow of the stream.
- A building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, burial, recreational or other uses not normally associated with worship.
- The systems, structures and physical improvements for the movement of people, 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.
- CLASSIFICATION OR ZONING CLASSIFICATION
- The district into which a parcel of land is placed and the body of regulations to which it is subjected by this chapter and the Zoning District Map.
- A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clear-cutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.[Added 2-9-2012 by Ord. No. 5-2012]
- An establishment where patients who are not lodged overnight are admitted for examination and treatment by one or more of a group of physicians, dentists, psychologists or social workers practicing together.
- CLUB, MEMBERSHIP
- An organization catering exclusively to members and their guests, including premises and buildings for social, recreational, athletic or other purposes which are not conducted primarily for financial gain, provided that there are not any vending stands, merchandising or commercial activities conducted, except as required generally for the membership and purpose of such club and within the property boundaries of such facilities.
- COASTAL AREA
- The geographic area defined as the coastal area under the jurisdiction of the Coastal Area Facilities Review Act (CAFRA), N.J.S.A. 13:19-4. The Pinelands Comprehensive Management Plan designates the coastal area in Egg Harbor City to be located in the Pinelands Preservation Area.
- COMMERCIAL BUILDING
- A building the principal use of which is a commercial use.
- COMMERCIAL USE OR PURPOSE
- Any use first permitted in a commercial district.
- The Pinelands Commission created pursuant to Section 4 of the Pinelands Protection Act, N.J.S.A. 13:18A-4.
- COMMON OPEN SPACE
- An open space area within or related to a site designated as a development and designated and intended for the use and 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 and enjoyment of residents and owners of the development, not including parking lots, streets, drives or other vehicular buildings or structures.
- COMPLETELY ENCLOSED BUILDING
- A building separated on all sides from the adjacent open area or from other buildings or structures by a permanent roof and by exterior walls or party walls pierced only by windows or doors normally provided for the accommodation of persons, goods or vehicles. However, a parking structure which has less than 50% of its outer wall space open shall be considered a completely enclosed building.
- COMPREHENSIVE MANAGEMENT PLAN
- The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, N.J.S.A. 13:18A-7, as amended.
- 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 zoning provisions of this chapter and upon the issuance
of an authorization therefor by the Land Use Board. Conditional uses
are specified by zoning district within this chapter.[Amended 8-28-2014 by Ord. No. 9-2014]
- CONSTRUCTION OFFICIAL
- The City official specified in the Building Code and designated as such by the Common Council.
- 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 5-13-1993 by Ord. No. 8-1993]
- CONVENTIONAL DEVELOPMENT
- Any development other than planned development.
- 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 2-9-2012 by Ord. No. 5-2012]
- COUNTY MASTER PLAN
- Composite of the Master Plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
- COUNTY PLANNING BOARD
- The Atlantic County Planning Board.
- COURT, INNER
- An open unoccupied space enclosed on all sides by exterior walls of a building.
- COURT, OUTER
- An open unoccupied space enclosed on not more than three sides by exterior walls of a building.
- A minor land service street, closed at one end and having adequate vehicle turn area at the closed end.
- CURB LEVEL
- The permanently established grade of the street in front of a lot.
- DAY CARE
- Daytime care or instruction of three or more children away from their own homes, for more than three but less than 16 hours per day, by an individual, association, corporation, institution or agency, whether or not for compensation or reward.
- Calendar days.[Added 2-22-1996 by Ord. No. 2-1996]
- The transfer of property from private to public ownership for a public purpose.
- The permitted number of dwelling units per gross area of land to be developed.
- DETACHED HOUSE
- One which has yard access on all four sides.
- The legal or beneficial owner or owners of a lot of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
- The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
- A. A change in type of use of a structure or land.
- B. A reconstruction, alteration of the size or material change in external appearance of a structure or land.
- C. A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
- D. The commencement of forestry activities, resource extraction, drilling or excavation on a parcel of land.[Amended 4-6-1989 by Ord. No. 5-1989]
- E. The demolition of a structure or removal of trees.
- F. The deposit of refuse, solid or liquid waste or fill on a parcel of land
- G. In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
- H. Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
- DEVELOPMENT APPROVAL
- 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 the issuance of a construction permit or subdivision or site plan approval.
- DEVELOPMENT, MAJOR
- 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.
- DEVELOPMENT, MINOR
- All development other than major development.
- DEVELOPMENT PERMIT
- Any permit or certificate of compliance required to be issued for any development regulated by this chapter.
- DEVELOPMENT REGULATION
- This chapter or other municipal regulation of land use and development.
- A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purpose of cutting through soil and roots or
cutting and turning a furrow over an area.[Added 2-9-2012 by Ord. No. 5-2012]
- A portion of the territory of Egg Harbor City within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.
- DISTRICT BOUNDARY LINE
- The lines enclosing a district, as shown on the Zoning Map. Any uncertainty as to the location of the district boundaries as shown on the Zoning District Map shall be resolved pursuant to § 170-12 of this chapter.
- DISTRICT BOUNDARY LOT
- Any lot line of any lot or parcel of land which coincides with a district boundary line or which is contiguous to any public or private right-of-way containing a district boundary line.
- The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development 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 their biological functions, as well as drainage, and
means necessary for water supply reservation or prevention of alleviation
of flooding.[Amended 2-22-1996 by Ord. No. 2-1996]
- DRAINAGE RIGHT-OF-WAY
- The lands required for the installation of stormwater sewers and/or drainage ditches or the land area required along a natural stream, swale or other watercourse for preserving the channel or drainageway and providing for the flow or passage of water therein to safeguard the public from flood damage in accordance with the provisions of this chapter or applicable state law.
- DRIVE-IN ESTABLISHMENTS
- Premises constructed for the sale of any goods or services by means of curb and/or window-counter service, whether to the motoring public or pedestrians.
- 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 2-9-2012 by Ord. No. 5-2012]
- DWELLING, MULTIPLE
- A building or portion thereof containing more than two dwelling units.
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- DWELLING UNIT
- A building, or entirely self-contained portion thereof, which contains complete housekeeping facilities for one family only and which has no enclosed space for cooking facilities in common with any other dwelling unit, except vestibules, entrance halls, porches or hallways. This definition shall not include a boat, trailer or other vehicle of any type nor a temporary shelter such as a tent.
- DWELLING UNIT AREA
- The area enclosed within the inside walls of the dwelling unit with a finished-floor-to-structural-ceiling height of not less than seven feet six inches, excluding garages, porches and any spaces located below the top of the foundation wall.
- DWELLING UNIT CONVERSION
- The rebuilding, remodeling, addition to, alteration, extension or enlargement of or conversion in any manner of an existing building to increase the number of dwelling units contained therein.
- EARTHBORNE VIBRATIONS
- A cyclic movement of the earth due to the propagation of mechanical energy.
- EFFECTIVE DATE OF THIS CHAPTER
- The date that this chapter is filed with the Atlantic County Planning Board pursuant to N.J.S.A. 40:55D-1 et seq.
- ELECTRIC DISTRIBUTION LINES
- All electric lines other than electric transmission lines.[Added 4-6-1989 by Ord. No. 5-1989]
- ELECTRIC TRANSMISSION LINES
- Electric lines which are part of an electric company's transmission
and subtransmission system and which provide a direct connection between
a generating station or substation of the utility company and[Amended 4-6-1989 by Ord. No. 5-1989]
- 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 COMMISSION
- A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
- The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
- EXISTING ELEVATIONS
- The elevations of all portions of a site prior to any site preparation work related to a proposed use for which approval under or pursuant to this chapter is required.
- EXTERIOR WALL
- Any wall which defines the exterior boundaries of a building or its courts or of a structure.
- One or more persons related by blood, marriage, adoption or guardianship, or any number of persons not so related, occupying a dwelling unit and living as a single housekeeping unit.
- FINAL APPROVAL
- The official action of the Land Use 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.[Amended 8-28-2014 by Ord. No. 9-2014]
- FISH AND WILDLIFE MANAGEMENT
- The changing 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.
- A land area adjoining a river, stream or other watercourse which is likely to be flooded.
- FLOOR AREA RATIO
- The total gross floor area of a building on a lot divided by the area of the lot.
- FLOOR AREA, TOTAL
- The sum of the gross horizontal areas of all floors of any building or buildings on a lot, measured from the interior walls. In particular, the total floor area shall be any basement or cellar space which has been improved for residential purposes (but in no case may that space which is included as part of the total floor area exceed 20% of the total basement area), all space other than basement or cellar spaces with structural headroom of at least seven feet six inches and all interior balconies and mezzanines.
- A unit of illumination, technically, the illumination at all points one foot distant from a uniform point source of one candlepower.
- The planting, cultivating and harvesting of trees for the
production of wood products, including firewood, or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clear-cutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No. 7-1997; 2-9-2012 by Ord. No. 5-2012]
- 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.
- FOREST STAND
- A uniform group of trees of similar species, composition,
size, age and similar forest structure.[Added 2-9-2012 by Ord. No. 5-2012]
- FRATERNAL ORGANIZATION
- A group of people formally organized for a common interest, business or pleasure. Such groups shall be defined to be similar but not limited to organizations such as the Masonic Lodge, Knights of Columbus, etc.
- A deck or building, or part thereof, used or intended to be used for the parking and storage of vehicles on one or more levels.
- GARAGE, PRIVATE
- A building, accessory to a dwelling unit, used for the housing of not more than three motor vehicles.
- GASOLINE SERVICE STATION
- See "automobile service station."[Amended 4-6-1989 by Ord. No. 5-1989]
- GENERAL DEVELOPMENT PLAN
- A comprehensive plan for the development of a planned development,
as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).[Added 2-22-1996 by Ord. No. 2-1996]
- GOLF COURSE
- An open area and its necessary buildings used for the playing of golf.
- GOVERNING BODY
- The Common Council of Egg Harbor City.[Added 2-22-1996 by Ord. No. 2-1996]
- GOVERNMENTAL AGENCIES
- The government of the United States of America; the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; and interstate and regional agencies exercising powers of government.
- For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets; and for buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than 20 feet from a street line is to be considered as adjoining the street.
- GROSS LEASABLE AREA
- The total floor area designed for tenant occupancy, including basements, mezzanines and upper floors, if any, expressed in square feet, measured from center lines of joint partitions and exteriors of outside walls. The gross leasable area does not include the area of any common malls, walkways or public facilities, equipment and mechanical rooms and penthouses or truck docks.
- GROUND COVER
- Low-growing plants or sod that, in time, forms a dense mat covering the area in which it is planted, preventing the growth of unwatered plants while holding the soil in place. Examples: Rose species, Ajuga species, Cotoneaster species, Euyonymus species, Ivy species, Juniper species, Honeysuckle species, Pachysandra species, vine species and sod.
- 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 2-9-2012 by Ord. No. 5-2012]
- HABITABLE FLOOR AREA
- Floor area in a habitable room, which room has a clear floor-to-ceiling height of not less than 7 1/2 feet over an area having no horizontal dimension of less than seven feet; provided, however, that no floor area where the ceiling height over such floor area is less than five feet shall be considered habitable floor area.
- HABITABLE ROOM
- Any room or enclosed space used or intended to be used for sleeping, living, cooking or dining purposes; excluding, however, kitchens having less than 70 square feet of floor area, and further excluding such enclosed places as utility rooms, closets, pantries, bath or toilet rooms, hallways, cellars, storage spaces, garages and similar spaces.
- The natural environment of an individual animal or plant, population or community.
- HEIGHT OF SIGN
- The vertical distance measured between grade and the highest point of the highest element of the sign, excluding any incidental structural element, such as uplift cable for a projecting sign.
- HIGHWAY COMMERCIAL
- All of the uses permitted in the Retail Commercial Zone.
Additional uses will include:[Added 6-24-2010 by Ord. No. 14-2010]
- HISTORIC BUILDING
- Any building or structure that is designated by the City of Egg Harbor City, County, State or Federal Historic Commissions or Agencies for Historic Significance.
- HISTORIC DISTRICT
- Any area defined by district boundaries of general site designations by Egg Harbor City's Historic Commission.
- HISTORIC SITE
- Any building, structure, area or property that is important
in the history, prehistory, architecture, archaeology or culture of
this state, its communities or the nation and has been so designated
pursuant to the Municipal Land Use Law, P.L. 1975, c. 291 (1976),
N.J.S.A. 40:55D-1 et seq.[Amended 4-6-1989 by Ord. No. 5-1989]
- HOME OCCUPATION
- A domestic use or occupation customarily conducted entirely within the dwelling and entered on solely by the inhabitants thereof, which is clearly incidental or secondary to the use of the building for dwelling purposes and does not change the character thereof or exert a deleterious influence upon surrounding properties, excluding such uses as a clinic, hospital, tearoom, tourist house, animal hospital, barbershop or any similar use. No display or advertising shall be visible from the outside of the building.
- HOME OCCUPATION SIGN
- A sign containing only the name and occupation of a permitted home occupation.
- An institution providing health services and medical or surgical care to persons, primarily temporary inpatients, suffering from illness, disease, injury, deformity or other abnormal physical or mental condition, and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities or training facilities. Hospital does not include institutions for the permanent care of or occupation by the poor, infirm, incurable or insane.
- A commercial establishment, containing 20 or more individual
sleeping rooms or suites, excluding accommodations for employees,
each having a private bath attached thereto, for the purpose of providing
overnight lodging facilities to the general public for compensation,
with or without meals, and in which ingress and egress to and from
all rooms may be made through inside office or lobby, supervised by
a person in charge at all hours and which provides a general kitchen
and dining room within the building. For the purpose of this chapter,
"overnight" shall mean continued occupancy of a room or suite by the
same person or persons for a period not to exceed 14 days. A hotel
is not a recreation facility.[Added 2-22-1996 by Ord. No. 2-1996]
- 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: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No. 7-1997; 11-8-2018 by Ord. No. 14-2018]
- 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 centimeters per second
at the maximum anticipated hydrostatic pressure. The term "impermeable"
is equivalent in meaning.[Amended 2-9-2012 by Ord. No. 5-2012]
- 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 Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.[Added 2-9-2012 by Ord. No. 5-2012]
- 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 2-9-2012 by Ord. No. 5-2012]
- INDUSTRIAL BUILDING
- Any building the principal use of which is an industrial use.
- INDUSTRIAL USE OR PURPOSE
- Any use first permitted in an industrial district.
- INSTITUTIONAL USE
- Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary, 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; and other similar facilities.
- INTERESTED 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 this chapter, or whose rights to use, acquire,
or enjoy property under this chapter, or under any other law of this
State or of the United States have been denied, violated or infringed
by an action or a failure to act under this chapter.[Amended 8-26-1999 by Ord. No. 16-1999]
- INTERIM RULES AND REGULATIONS
- The regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., to govern
the review of applications from the adoption of the regulations until
the Pinelands Comprehensive Management Plan took effect on January
14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1
et seq.[Added 4-6-1989 by Ord. No. 5-1989]
- JOINT IDENTIFICATION SIGN
- A sign which serves as common or collective identification for two or more commercial, resort or industrial uses sharing an office plaza, shopping center, industrial park or the like and which is located on such premises. Such sign shall be limited in content to identification of the plaza, center, park or the like shared by such uses and shall contain any reference to the individual uses sharing the plaza, center, park or the like.
- A lot, land or structure, or part thereof, used for the purchase, collection, storage, recycling or sale of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or vehicles.
- Any building or lot on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold.
- The total area of site or property, excluding the area occupied by building(s) but including other structures; the harmonious blending of these building(s) by the use of the existing topography or alterations to the existing topography, trees, shrubs, ground covers and/or mulches.
- LANDSCAPE PLAN
- A plan clearly indicating the type of plant material to be incorporated into the overall design of the site. Such plan, at a minimum, shall show the texture, quantity, seasonal qualities, heights, size, spacing and organization of such plant material.
- LANES, INGRESS AND EGRESS
- A private roadway designed to accomplish easy access into developed parcels. Minimum roadway widths for ingress and egress lanes shall be: one-way, 18 feet; and two-way, 30 feet; or as described in individual articles, whichever are more stringent.
- LOADING SPACE
- Any off-street space, not less than 12 feet in width, 70 feet in length and 15 feet in height, available for the loading or unloading of goods, having direct access to a street or other public way and so arranged that no vehicle is required to back into the public right-of-way.
- 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. For the purpose of this chapter, local communication facilities shall be regulated as a public utility substation under the standards of § 170-67. The height limitations of this chapter shall not 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.[Added 7-24-1997 by Ord. No. 7-1997]
- LOCAL UTILITY
- Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946 c. 138 (N.J.S.A. 40:14A-1 et seq); any utilities authority
created pursuant to the Municipal and County Utilities Authority Law,
P.L 1946, c. 183 (N.J.S.A. 40:14B-1 et seq) or any utility, authority,
commission, special district or other corporate entity not regulated
by the Board of Regulatory Commissioners under Title 48 of the New
Jersey Statutes that provides gas, electricity, heat, power, water
or sewer service to a municipality or the residents thereof.[Added 2-22-1996 by Ord. No. 2-1996]
- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
- LOT AREA
- The surface of land parcel determined by its boundary lines and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
- LOT, CORNER
- A lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points at the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
- LOT COVERAGE
- The percentage of lot area occupied by the ground area of principal and accessory buildings on such lot.
- LOT DEPTH
- The mean horizontal distance from the front lot line to the rear lot line, measured perpendicular to the front lot line.
- LOT, DOUBLE FRONTAGE
- A lot having frontage on two nonintersecting streets.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT LINE, FRONT
- In the case of an interior lot abutting only one street,
the street line separating such lot from such street; in the case
of a double-frontage lot, each street line separating such lot from
a street shall be considered a front lot line; in the case of a corner
lot, both lines separating the lot from the street shall be considered
to be the front lot line. A terrace shall not be considered a street
in determining a front lot line except when the terrace is the only
street frontage of the parcel in question.[Amended 4-6-1989 by Ord. No. 5-1989]
- LOT LINE, REAR
- That lot line which is parallel to and most distant from
the front lot line of the lot; provided, however, that in the case
of an irregular, triangular or gore-shaped lot, a line 20 feet in
length, entirely within the lot and parallel to and at the maximum
possible distance from the front lot line, shall be considered to
be the rear lot line. In the case of a corner lot, the lot line parallel
to the shortest street frontage shall be considered the rear lot line.[Amended 4-6-1989 by Ord. No. 5-1989]
- LOT LINE, SIDE
- Any lot line other than a front or rear lot line.
- LOT, MINIMUM AREA OF
- The smallest lot on which a particular use or structure may be located in a particular district.
- LOT OF RECORD
- A parcel of land that is a lot in a subdivision recorded on the records of the Recorder of Deeds of Atlantic County or that is described by a metes and bounds description which has been so recorded.
- LOT, REVERSE FRONTAGE
- A through lot that is not accessible from one of the parallel
or nonintersecting streets upon which it fronts.[Added 10-26-2006 by Ord. No. 16-2006; amended 12-14-2006 by Ord. No. 27-2006]
- LOT, THROUGH
- A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.[Added 10-26-2006 by Ord. No. 16-2006; amended 12-14-2006 by Ord. No. 27-2006]
- LOT WIDTH
- The mean horizontal distance between side lot lines, measured at a right angle to the depth; provided, however, that lot width measured along the front lot line shall not be less than 80% of the required minimum lot width.
- MAINTENANCE GUARANTY
- Any security, including but not limited to surety bonds,
letters of credit, under the circumstances specified in Section 16
of P.L. 1994, c. 256 (N.J.S.A. 40:55D-53.5), and cash, which may be
accepted by the municipality for the maintenance of any improvements
required by the Municipal Land Use Law, P.L. 1975, c. 291 (1976),
N.J.S.A. 40:55D-1 et seq.[Amended 2-25-1993 by Ord. No. 3-1993; 2-22-1996 by Ord. No. 2-1996]
- MAJOR SUBDIVISION
- All subdivisions not classified as minor subdivisions.
- MASTER PLAN
- A composite of one or more written or graphic proposals for
the development of the municipality set forth in and adopted pursuant
to Section 19 of the P.L. 1975, c. 291 (N.J.S.A. 40:55D-28).[Added 2-22-1996 by Ord. No. 2-1996]
- The chief executive of the municipality.[Added 2-22-1996 by Ord. No. 2-1996]
- MINOR SITE PLAN
- A development plan of one or more lots which: proposes new
development within the scope of development specifically permitted
by ordinance as a minor development; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to Section 30 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-42); and contains the information reasonably required in order
to make informed determinations as to whether the requirements established
by ordinance for approval of a minor site plan have been met.[Added 2-22-1996 by Ord. No. 2-1996]
- MINOR SUBDIVISION
- Any subdivision containing not more than three lots, exclusive of the remaining lot or parcel fronting upon an existing approved and improved street, not involving any new street or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the adopted Master Plan, Official Map or Developmental Ordinance. Any lands, lots or parcels remaining or resulting from a minor subdivision shall not be resubmitted as a minor subdivision for a period of three years from and after the date of the approval of said minor subdivision.
- MOBILE HOME
- A home, excluding travel trailers, which is a movable or portable unit designed and constructed to be towed on its own chassis (comprised of frame and wheels) and designed to be connected to utilities for year-round occupancy. The term shall include units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity and units composed of two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing.
- A commercial establishment providing overnight accommodations,
containing 10 or more rooms or suites, each having a private bathroom
attached thereto, with at least 25% of all rooms or suites having
direct access to the outside without the necessity of passing through
the main lobby of the building. Cooking facilities shall not be permitted
in individual motel rooms or suites, but restaurant facilities may
be provided within the building. For the purpose of this chapter,
"overnight" shall mean continued occupancy of a room or suite by the
same person or persons for a period not to exceed 14 consecutive days.[Amended 2-22-1996 by Ord. No. 2-1996]
- MUNICIPAL AGENCY
- The Egg Harbor City Land Use Board or governing body when
acting pursuant to the provisions of Egg Harbor City development regulations.[Amended 8-28-2014 by Ord. No. 9-2014]
- NATURAL REGENERATION
- The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.[Added 2-9-2012 by Ord. No. 5-2012]
- NATURAL STREAM
- A waterway consisting of a naturally eroded channel with visible evidence of banks and bed, as distinguished from a scale which shows no evidence of natural erosion except occasional gullying and from a ditch which consists of an artificially excavated channel.
- NAVIGABLE WATERS
- Water capable of being traversed by pleasure craft.
- NET SITE AREA OR NET RESIDENTIAL AREA
- The number of dwelling units per acre computed by dividing the number of dwelling units which the applicant proposes to build by the number of acres in the development. However, excluded from the calculation shall be all public and private streets and rights-of-way, all areas of commercial or industrial use and all areas in which development or construction is normally prevented or prohibited, such as wetlands, floodplains and other areas with environmental constraints. No area shall be included in this calculation upon which building could not take place.
- 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.
- NONCONFORMING 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.
- 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.
- NURSING HOME
- An establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment; a hospital shall not be construed to be included in this definition.
- OFFICIAL COUNTY MAP
- The map, with changes and additions, thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the County pursuant to N.J.S.A. 40:27-5.[Added 2-22-1996 by Ord. No. 2-1996]
- OFFICIAL MAP
- A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).[Adopted 2-22-1996 by Ord. No. 2-1996]
- 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 development application or contiguous portion of a street or right-of-way.[Added 2-22-1996 by Ord. No. 2-1996]
- 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.[Added 2-22-1996 by Ord. No. 2-1996]
- Located on the lot in question.
- Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.[Added 2-22-1996 by Ord. No. 2-1996]
- 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 designated
to be incidental to the natural openness of the land.[Added 2-22-1996 by Ord. No. 2-1996]
- Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.[Amended 7-24-1997 by Ord. No. 7-1997]
- PARKING AREA
- Any land area designed and used for the parking of not more than three vehicles.
- PARKING LOT
- Any land area used or intended to be used for the parking of more than three vehicles.
- PARKING SPACE
- A space for the parking of a motor-driven vehicle within a public or private parking area.
- PARKS AND PLAYGROUNDS
- Recreational facilities designed specifically for such uses as:
- PARTY IMMEDIATELY CONCERNED
- For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under § 170-6 of this chapter and N.J.S.A. 40:55D-12.[Amended 8-26-1999 by Ord. No. 16-1999]
- PERFORMANCE GUARANTY
- Any security which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit, under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.3),
and cash.[Added 2-25-1993 by Ord. No. 3-1993; amended 2-22-1996 by Ord. No. 2-1996]
- PERIMETER LANDSCAPED OPEN SPACE
- A landscaped open space intended to enhance the appearance of parking lots and other outdoor auto-related uses or to screen incompatible uses along district boundary lines by means of appropriate landscaping or screening. Except as expressly provided otherwise in the regulations requiring a perimeter landscaped open space, such open space shall extend along the entire length of the lot line in question and shall have a width equal to 15 feet or the depth or width of the yard required along the lot line in question, whichever is greater. Perimeter landscaped open space shall be broken only by required accessways. Such perimeter landscaped space shall be suitably surfaced with grass, ground cover or decorative paving material, or a combination thereof, and shall contain landscaping such as ornamental trees and shrubs or appropriate screening devices such as decorative walls, fences or berms, or a combination thereof, sufficient to create a permanent screen not less than eight feet in height. Not more than 30% of such screen shall consist of walls or fences. The space shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk at points of access. Where a perimeter landscaped space is required, a landscaping plan shall be submitted for review.
- The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.[Added 2-9-2012 by Ord. No. 5-2012]
- PINELANDS DEVELOPMENT REVIEW BOARD
- The agency responsible, from February 8, 1979, until June
28, 1979, for the review of and action on applications for development
in the Pinelands Area which required approvals of other state agencies,
except where the Pinelands Commission acted on applications during
that time period.[Added 4-6-1989 by Ord. No. 5-1989]
- PINELANDS NATIVE FOREST TYPE
- See N.J.A.C. 7:50-6.43.[Added 2-9-2012 by Ord. No. 5-2012]
- PINELANDS PROTECTION ACT
- N.J.S.A. 13:18A-1 to 13:18A-29.
- PLANNED COMMERCIAL DEVELOPMENT
- An area of a minimum contiguous size, as specified by ordinance,
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by ordinance.[Added 2-22-1996 by Ord. No. 2-1996]
- PLANNED DEVELOPMENT
- A planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.[Added 2-22-1996 by Ord. No. 2-1996]
- PLANNED INDUSTRIAL DEVELOPMENT
- An area of a minimum contiguous size, as specified by ordinance, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
- PLANNED UNIT DEVELOPMENT
- An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in this chapter.[Amended 2-22-1996 by Ord. No. 2-1996]
- PLANNED UNIT RESIDENTIAL DEVELOPMENT
- An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses all primarily for the benefit
of the residential development.[Added 2-22-1996 by Ord. No. 2-1996]
- PLANNING BOARD
- The Municipal Planning Board established pursuant to the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 14, N.J.S.A. 40:55D-23.
- PLANTS, THREATENED OR ENDANGERED
- A Pinelands plant species listed at N.J.A.C. 7:50-6.27 whose
survival worldwide, nationwide or in the state is in jeopardy.[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No. 7-1997]
- A map or maps of a subdivision or site plan.
- PLAT, FINAL
- The final map of all or a portion of the subdivision which
is presented to the Land Use Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the Clerk of the County of Atlantic for recording in accordance with
law. A plat that receives final approval shall have been prepared
by a New Jersey professional engineer or land surveyor in accordance
with all of the provisions of Chapter 141 of the Laws of 1960, N.J.S.A.
46:23-9.9 et seq.[Amended 8-28-2014 by Ord. No. 9-2014]
- PLAT, PRELIMINARY
- The preliminary map indicating the proposed layout of the subdivision, which is submitted to the Land Use Board for tentative approval and meeting the requirements of Article V, Subdivision and Site Plan Review.[Amended 8-28-2014 by Ord. No. 9-2014]
- PLAT, SKETCH
- The sketch map of a subdivision, of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article V, Subdivision and Site Plan Review.
- A roofed, open structure projecting from the front, side or rear wall of a building.
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to the New Jersey
Municipal Land Use Law, P.L. 1975, c. 291, Sections 34, 36 and 37,
N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49, prior to final approval
after specific elements of a development plan have been agreed upon
by the Land Use Board and the applicant.[Amended 8-28-2014 by Ord. No. 9-2014]
- PRELIMINARY FLOOR PLANS AND ELEVATIONS
- Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
- A lot, plot or parcel of land, together with the buildings and structures thereon.
- PRESERVATION AREA
- That area so designated by Section 10(b) of the Pinelands Protection Act, N.J.S.A. 13:18A-116.
- PRIVATE CLUB OR LODGE
- A building and related facilities owned or operated by a corporation, association or group of persons for social, educational or recreational purposes of members regularly paying dues, but not primarily for profit nor to render a service which is customarily carried on as a business.
- PUBLIC DEVELOPMENT
- Development by any federal, state, township or other governmental agency.
- 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 the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
- PUBLIC IMPROVEMENT
- Any improvement, facility or service, together with its associated public site or right-of-way, necessary to provide transportation, drainage, utility, energy or similar essential services, including but not limited to streets, drives, sidewalks, walkways and other vehicular and pedestrian circulation systems, together with customary improvements and appurtenances, such as signaling, signage, curbs and gutters, shade trees and landscaped buffers or parkways and street furniture; facilities incidental to a public transportation system, such as loading zones, turnarounds, passenger waiting areas protected from inclement weather and pedestrian linkages between loading areas and activity areas; storm sewers and appurtenances, drainageways, culverts, flood-control basins and devices, retention and detention basins or areas to control storm runoff, erosion- and sediment-control structures and devices and other drainage structures, devices and facilities; water supply and distribution facilities and appurtenances both for domestic use and for fire protection; sanitary sewage disposal and treatment facilities and appurtenances; public utility facilities and appurtenances for gas, electric and telephone service; and facilities and appurtenances for the production, conversion, distribution and storage of energy necessary for essential residential, resort, commercial and industrial uses permitted by this chapter.
- PUBLIC OPEN SPACE
- An open space area conveyed or otherwise dedicated to a municipal agency, board of education, state or county agency or other public body for recreational 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.[Added 4-6-1989 by Ord. No. 5-1989]
- PUBLIC SITE OR RIGHT-OF-WAY
- An area devoted to or planned for use as public park; a public school; a federal, state, county or City building or facility site; another public use or facility; or a right-of-way or easement for a street, transportation corridor, utility corridor, waterway or drainageway owned or to be owned by a government agency.
- PUBLIC UTILITY
- Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.[Added 2-22-1996 by Ord. No. 2-1996]
- The majority of the full authorized membership of a municipal agency.
- 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 Pinelands Commission.[Added 7-24-1997 by Ord. No. 7-1997]
- RECREATIONAL AREA
- A private or public space, including essential buildings and structures used for play and recreational space for individuals.
- RECREATIONAL FACILITY, INTENSIVE
- Any recreational facility which does not satisfy the definition
of "low-intensive recreational facility," including but not limited
to golf courses, marinas, amusement parks, hotels and motels.[Added 4-6-1989 by Ord. No. 5-1989]
- 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 7-24-1997 by Ord. No. 7-1997]
- RECREATION AREAS, ACTIVE
- Includes parks and playgrounds and golf courses, tennis courts, swimming areas (lakes, rivers and pools), bicycle paths and indoor recreational facilities.
- A procedure by which services and/or real or personal property are temporarily transferred to another person for a specific time period in exchange for remuneration.
- RESIDENTIAL AGRICULTURE
- The production, principally for home use or consumption,
of plants and their products and for sale to others where such sales
are incidental, including but not limited to gardening and fruit production.
Residential agriculture does not permit poultry and livestock and
boarding or breeding of animals.[Added 6-24-2010 by Ord. No. 14-2010]
- 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 DENSITY
- The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.[Added 2-22-1996 by Ord. No. 2-1996]
- RESIDENTIAL DUPLEX
- A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from the ground to roof.[Added 2-22-1996 by Ord. No. 2-1996]
- RESIDENTIAL SINGLE-FAMILY ATTACHED
- A one-family dwelling attached to one other one-family dwelling
by a common vertical wall, and each dwelling located on a separate
lot.[Added 2-22-1996 by Ord. No. 2-1996]
- RESIDENTIAL SINGLE-FAMILY DETACHED
- A dwelling unit which is not attached to any other dwelling
by any means.[Added 2-22-1996 by Ord. No. 2-1996]
- RESIDENTIAL USE OR PURPOSE
- Any use first permitted in a residential district.
- RESOURCE CONSERVATION PLAN
- A plan prepared for review by the Soil Conservation District which details the proposed use of agricultural recommended 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 nonpoint source pollution; and establish
criteria for resource sustainability of soil, water, air, plants and
animals.[Added 2-9-2012 by Ord. No. 5-2012]
- An establishment in which food and drink may be procured, provided that such food or drink is to be consumed while seated at a table, counter or a booth within the building.
- RESTAURANT, FAST-FOOD
- An establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises and whose design or principal method of operation permits or encourages self-service and high-turnover dining.
- A. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
- B. The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
[Added 6-24-2010 by Ord. No. 14-2010]
- RIGHT-OF-WAY LINE
- The boundary line of land used or intended for use as streets or other public ways and from which required setbacks for front yard and lot depths shall be measured. Where existing records are vague or show a lesser dimension, they shall be considered to be not less than 50 feet apart or 25 feet from the street center line.
- RIPARIAN LANDS
- Those tidal lands of the State of New Jersey which are now or were formerly flowed by mean high water.
- 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 2-9-2012 by Ord. No. 5-2012]
- RUNOFF, SURFACE WATER
- Any overland flow of water across the ground surface.
- SCENIC CORRIDOR
- Those roads and waterways as designated by the Pinelands Commission.
- SCHOOL, PRIVATE
- A duly organized school, other than a public school, giving regular instruction in subjects ordinarily taught in the public schools and not under the jurisdiction of the school district but properly registered with the State of New Jersey.
- A structure or planting providing continuous view obstruction within the site or property, consisting of fencing, berms and/or evergreen trees or shrubs.
- SEASONAL HIGH-WATER TABLE
- The level below the natural ground surface to which water seasonally rises in the soil in most years.
- The deposition of soil that has been transported from its site or origin by water, ice, wind, gravity or other natural means as a product of erosion.
- SEED TREE CUT
- A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.[Added 2-9-2012 by Ord. No. 5-2012]
- 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 2-9-2012 by Ord. No. 5-2012]
- Any plant(s), deciduous or evergreen, generally multistemmed, classified and sold by height or spread, measured in inches or feet, listed in standards set forth by the American Association of Nurserymen.
- Any object, device, display, 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, City, religious, fraternal or civic organization; also merchandise and 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. Definitions of particular functional, locational and structural types of signs are listed in this section.
- SIGN FACE
- That area of a sign which:
- A. In the case of freestanding, projecting and marquee signs, consists of the entire surface area of the sign on which copy could be placed. The supporting structure or bracing of a sign shall not be counted as a part of sign face area unless such structure or bracing is made a part of the sign's message. Where a sign has two display faces back-to-back, the area of only one face shall be considered the sign face area. Where a sign has more than one display face, all areas which can be viewed simultaneously shall be considered the sign face area.
- B. In the case of a sign (other than freestanding, projecting or marquee) whose message is fabricated, together with the background which borders or frames that message, consists of the total area of the entire background.
- C. In the case of a sign (other than freestanding, projecting or marquee) whose message is applied to a background which provides no border or frame, consists of the smallest rectangle which can encompass all words, letters, figures, emblems and other elements of the sign message.
- 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,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures, signs, lighting
and screening devices, and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.[Amended 8-26-1999 by Ord. No. 16-1999]
- SOLAR ENERGY FACILITY
- 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.[Added 11-8-2018 by Ord. No. 14-2018]
- SPECIAL FLOOD HAZARD AREA
- The maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years, i.e., that has a one-percent chance of being flooded each year.
- STANDARDS OF PERFORMANCE
- Standards which are adopted by ordinance pursuant to the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 52d (N.J.S.A. 40:55D-65d), regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or standards which are required by applicable federal or state laws or municipal ordinances.
- That part of any building comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the highest finished floor and the top of the roof beams.
- STORY, HALF
- Any space partially within the roof framing where the clear height of not more than 75% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
- Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
or is shown on a plat heretofore approved pursuant to law; or is approved
by official action pursuant to N.J.S.A. 40:55D-1 et seq.; or is shown
upon a plat duly filed and recorded in the office of the County Clerk
prior to the appointment of a Land Use Board and the granting to such
Board the power to review plats; and includes the land between the
right-of-way lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas with the right-of-way lines.[Amended 8-28-2014 by Ord. No. 9-2014]
- STREET LINE
- The dividing line between a lot and a public street, road or highway, or a private street, road or way over which two or more dominant estates have the right-of-way.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building or any substantial change in the roof or in the 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.
- 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, herself or itself or for another.
- A. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
- (1) Divisions of land found by the Land Use Board or Subdivision Committee thereof, appointed by the Chair, to be for agricultural purposes where all resulting parcels are five acres or larger in size.[Amended 8-28-2014 by Ord. No. 9-2014]
- (2) Divisions of property by testamentary or intestate provisions.
- (3) Divisions of property upon court order, including but not limited to judgments of foreclosure.
- (4) Consolidation of existing lots by deed or other recorded instrument.
- (5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the municipality.
- B. The term "subdivision" shall also include the term "resubdivision."
- SUBDIVISION COMMITTEE
- A Committee of at least three Land Use Board members appointed
by the Chair of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and such duties
relating to land subdivision which may be conferred on this Committee
by the Board.[Amended 8-28-2014 by Ord. No. 9-2014]
- SUBMERGED LANDS
- Those lands which are inundated with water throughout the year.
- TEMPORARY USES
- Uses established for a fixed period of time with the intent to discontinue such uses upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent building or structure. No use expressly permitted or permissible as a permanent or temporary use in any district pursuant to the provisions of this chapter shall be allowed as a temporary use in any other district.
- A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.[Added 2-9-2012 by Ord. No. 5-2012]
- A typed or printed verbatim record of the proceedings or
reproductions thereof.[Added 2-22-1996 by Ord. No. 2-1996]
- Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.
- USED CAR LOT
- An area used for the storage and display of used automobiles advertised for sale, including motorcycles, trucks or any other motorized vehicles.
- USE, PRINCIPAL
- The main or primary purpose or purposes for which land, a structure or a building is designed, arranged or intended or for which it may be occupied or maintained under this chapter.
- UTILITY DISTRIBUTION LINES
- Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone signals,
cable television signals, water, sewage or stormwater discharge is
distributed to or from service lines extending from the main line
to the distribution system of the building or premises served. Utility
distribution lines do not include electric transmission lines.[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No. 7-1997]
- Permission to depart from the literal requirements of a zoning ordinance pursuant to the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, Section 47 (N.J.S.A. 40:55D-60); and Subsections 29.2b, 57c and 57d of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-40b, 40:55D-70c and 40:55D-70d.
- Any plant material, including grasses, shrubs and trees.
- Any area of land either naturally formed or artificially designed for the storage, passage, retention or flow of water, including but not limited to the following: lake, pond, stream, canal, ditch or swale.
- 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 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 2-9-2012 by Ord. No. 5-2012]
- 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 Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
- WETLANDS PERMIT
- Any legal instrument issued pursuant to N.J.S.A. 13:9A-1 et seq. and N.J.A.C. 7:7A-1 et seq. permitting the applicant to engage in an activity specified therein.
- WHOLESALE ESTABLISHMENT
- A business engaged in the sale of commodities in quantity, usually for resale or business use, chiefly to retailers, other businesses, industries and institutions.
- WINDOW, LEGAL
- A window or portion of a window, including a window either in addition to or as a substitute for mechanical ventilation, which is required by any applicable law or statute or other municipal codes or ordinances to provide light or ventilation to a room used for living purposes.
- An open unoccupied space on the same lot with the main building, open and unobstructed from the ground upward.
- YARD, FRONT
- A yard extending the full width of the lot and extending from the front line of the main building, projected to the side lines of the lot, to the street line.
- YARD, FRONT, DEPTH
- The minimum distance between the front lot line and the front yard line.
- YARD REAR
- A yard extending the full width of the lot and extending from the rear line of the lot to the rear line of the main building, projected to the side lines of the lot.
- YARD, REAR, DEPTH
- The mean distance from the rear lot line or its vertical projection to the part of the building that is nearest thereto at any story level.
- YARD REQUIREMENTS
- The regulation of this chapter establishing minimum front, side and rear yard requirements and setback requirements for various uses, structures and districts.
- YARD, SIDE
- A yard extending from the front yard to the rear yard between the main building and the adjacent side line of the lot.
- YARD, SIDE, WIDTH
- The minimum distance between the side lot line or its vertical projection and the side walls of the building.
- ZONING CLASSIFICATION
- See "classification or zoning classification."
- ZONING DISTRICT
- See "district."
- ZONING DISTRICT MAP OR ZONING MAP
- The Zoning District Map shall consist of the map or maps approved by the Common Council as a part of this chapter, or amended in conjunction with any amendment to this chapter, which graphically portray the zoning district boundaries identified in Article II of this chapter.
- ZONING PERMIT
- A document signed by the administrative officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by a municipal agency pursuant to Sections 47 and 57 of the New Jersey Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-60 and 40:55D-70.
Editor's Note: The Zoning Board of Adjustment was eliminated and replaced by the Land Use Board 8-28-2014 by Ord. No. 9-2014.
Editor's Note: The former definition of "impact statement (environmental review)" which followed was repealed 8-26-1999 by Ord. No. 16-1999.
Editor's Note: The Planning Board was eliminated and replaced by the Land Use Board 8-28-2014 by Ord. No. 9-2014.
Editor's Note: The Zoning Board of Adjustment was eliminated and replaced by the Land Use Board 8-28-2014 by Ord. No. 9-2014.