Township of Egg Harbor, NJ
Atlantic County
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Table of Contents
Table of Contents
[Amended 2-24-1993 by Ord. No. 6-1993; 7-14-1993 by Ord. No. 30-1993]
As used in this chapter, the following terms shall have the meanings indicated. The definitions contained in § 198-4 of Chapter 198 and in § 225-3 of Chapter 225 shall also apply.
ACCESSORY BUILDING, STRUCTURE OR USE
A building, structure or use:
A. 
Which is subordinate and incidental to and serves a principal building or a principal use, including but not limited to the production, harvesting and storage as well as washing, grading and packaging of unprocessed produce grown on-site.
B. 
Which is subordinate in area, extent and purpose to the principal structure or principal building or a principal use.
C. 
Which contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served.
[Amended 6-25-1997 by Ord. No. 24-1997]
D. 
Which is located on the same parcel as the principal structure or principal use served.
[Amended 6-25-1997 by Ord. No. 24-1997]
ADMINISTRATIVE OFFICER
The Land Use Administrator of the Township unless a different Township official or officials has been designated by ordinance or statute.
[Amended 2-24-1999 by Ord. No. 6-1999]
ADVERSE EFFECT
Conditions or situations, whether existing or proposed, creating, imposing, aggravating or leading to impractical, unsafe or unsatisfactory conditions on a property proposed for development or on adjacent property, including but not limited to improper circulation and drainage rights-of-way; inadequate drainage facilities; insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or to coordinate and compose a convenient system; disruptive environmental impacts; location of lots in a manner not adaptable for the intended purpose without danger to health or peril from flood, fire, erosion or other menace; provision of lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
AFFORDABLE HOUSING
Housing which falls within the financial means of a household:
A. 
That a household will not have to spend more than 30% of its annual income for shelter; or
B. 
Will not expend more than 2 1/2 times the amount of its annual income for the purchase of a home.
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE
The use of land for the activity of producing for sale or for home use or consumption plants or animals useful to man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under any agency of the federal government.
ALTERATIONS or ADDITIONS
As applied to a building or a structure, a change or rearrangement in the structural parts, in the existing facilities or in the means of egress; or an enlargement, whether by extension of a side or by increasing in height; or the moving from one location or position to another.
AMENDMENT
A means for making changes in this chapter or to the certified Master Plan herein as expressly authorized.
ANIMALS, THREATENED OR ENDANGERED
As specifically set forth in Section 7:50-6.32 of the Comprehensive Management Plan.
APPLICANT
A developer, landowner or person with an enforceable proprietary interest submitting an application for development.
A. 
The application form and all accompanying documents required by ordinance for approval of a subdivision, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
B. 
In the Pinelands Area, 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 § 225-53.1 of Chapter 225.
APPROVING AUTHORITY
The Planning Board, Zoning Board of Adjustment or other board, agency or official designated by this chapter and when acting pursuant to the authority of this chapter; within the Pinelands Area, any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval.
BILLBOARD
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.
BUFFER
A strip of land containing natural woodlands, earth mounds and/or planted screening material and separating one kind of land use or one property from another and which is more specifically defined in § 94-8 of this chapter.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
CARTWAY
The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is the portion between the curbs. Where there are no curbs, the cartway is that portion between the edges of the paved or graded width.
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the Construction Code Official upon completion of the construction of a new building or upon a change in the occupancy of a building which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit or approvals granted by any local agency.
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits; and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CLUSTER DEVELOPMENT
A development technique based on the dwelling unit density for the tract which allows the lot sizes for dwelling to be reduced so that individual segments of the tract have higher densities, provided that other portions of the tract are dedicated for public and/or private open spaces so that the gross density limitation of the entire tract is not exceeded.
COMMENCEMENT OF CONSTRUCTION
Actual construction on a parcel of land in accordance with a permit issued by the applicable approving authority of a form and character such that the work performed is not usable for any other form of development except that authorized by the issued permit.
COMMERCIAL FOREST
Any parcel of land five acres or larger used for profit or gain by the cutting of trees for sale as fuel or wood products.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the approving board and all accompanying documents required by this chapter for approval of the application for development.
COMPREHENSIVE MANAGEMENT PLAN (CMP)
The plan and amendments adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act and to be cited as "N.J.A.C. 7:50 et seq."
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in the specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONSTRUCTION
The erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
CONTIGUOUS LANDS
Land which is connected to 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.
CONVENTIONAL DEVELOPMENT
That development which takes place as of right in the particular zoning district and which requires subdivision, rather than planned development, review.
COUNTY
The County of Atlantic unless otherwise specified.
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of Atlantic County 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 or their successor statutes.
COUNTY PLANNING BOARD
The County Planning Board, as defined and organized pursuant to N.J.S.A. 40:27-6.1, of the county in which the land or development is located. Said Board is responsible for county planning.
DENSITY
The permitted number of dwelling units for the buildable area of the tract after dedication for road and other improvements, natural tidal, nontidal bodies of water, wetlands or other state or federally regulated nonbuildable lands.
DENSITY, PINELANDS AREA
The average number of dwelling units per gross acre of land.
DEVELOPER
The legal or beneficial owner or owners of a lot or 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.
A. 
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
B. 
Within the Pinelands Area of the Township, there shall be included the following additional standards: 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:
(1) 
A change in type of use of a structure or land.
(2) 
A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
(3) 
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.
(4) 
Commencement of resource extraction, drilling or excavation on a parcel of land.
(5) 
Demolition of a structure or removal of trees.
(6) 
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(7) 
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
(8) 
Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
(9) 
Commencement of forestry activities.
DEVELOPMENT APPROVAL
Any approval granted by any Township approving authority.
DEVELOPMENT, MAJOR
Any division of land into not more than four lots on an existing or approved street; 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, PUBLIC
Any development by a public agency.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation for the use and development of land, or amendment thereto, adopted and filed.[1]
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE AND UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DWELLING UNIT or DWELLING
One or more rooms used or intended to be used for living purposes by one or more persons living together and maintaining a common household, having separate cooking and sanitary facilities and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units. Not included are mobile homes, hotels, motels, lodging houses, boardinghouses or tourist homes.
A. 
A building on a lot designed and occupied exclusively as a residence for one family or household, which has yard or open areas on all sides, having no common walls with any other building.
B. 
A building on a lot designed and occupied exclusively as a residence for two families or households which has a common wall separating two units, each of which has a full compliment of utilities and facilities for use as a dwelling and separate means of ingress and egress.
(1) 
A two-family dwelling unit building where the family dwelling units are separated by a horizontal floor unpierced except for access to the outside or to a common basement or cellar.
(2) 
A two-family dwelling unit building separated by a vertical party wall unpierced except for access to the outside or to a common basement or cellar.
C. 
A dwelling unit which is one of a group of three or more attached dwelling units separated by vertical party walls, each having separate front and rear or front and side entrances from the outside, and a full compliment of utilities and facilities for use as a dwelling unit.
D. 
A suite of rooms designed for or occupied by one family or household and situated in a building containing three or more such suites of rooms. Such units may share some facilities, utilities or services such as entrance halls, electric or water connections, basement areas, heating plan or refuse disposal facilities.
ENLARGEMENT
An addition to the floor area of an existing building, an increase in the size of any other existing structure or an increase in the portion of a tract of land occupied by an existing use.
ENVIRONMENTAL COMMISSION
A Township advisory body created pursuant to N.J.S.A. 40:56A-1 et seq.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
A statement on the effect of development proposals and other major actions which significantly affect the environment.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EXECUTIVE DIRECTOR
The chief administrative officer of the Pinelands Commission or any representative designated by such chief administrative officer to perform any functions delegated to such chief administrative officer pursuant to any provision of the CMP.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and is necessary to the operation of a farm, as defined in Chapter 225 of the Township Code.
FENCE
Any wood, masonry, metal or aluminum structure(s) or any wall or living hedge along the front, side or rear property line designed to shield, screen or protect a lot(s) or a portion of a lot.
FINAL APPROVAL
The official action of the approving board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
The final map of all or a portion of a subdivision which is presented to a local agency for final approval in accordance with this chapter and which, if approved, shall be filed with the County Recording Officer.
FISH AND WILDLIFE MANAGEMENT
The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The floodway and relative flat areas adjoining the floodway which has been or may be hereafter covered by floodwater and which area, the improper development and general use of which, would constitute a threat to the public's safety, health and general welfare. The flood hazard area shall constitute the total area inundated by the flood hazard design flood.
FLOODPLAIN
The area adjoining any natural stream and including any water- or drainage course or body of water subject to periodic flooding or overflow.
FLOODWAY
The channel of a natural stream and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. This shall constitute the portions of the floodplain needed for the passage of the floodway design flood without an appreciable rise in the water surface profile.
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center line of a wall separating two buildings.
FLOOR AREA, GROSS
The floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
FLOOR AREA, NET
The actual occupied area, not including accessory unoccupied areas or thickness of walls.
FORESTRY
[Amended 6-25-1997 by Ord. No. 24-1997]
The planting, cultivating or harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry:
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.
F. 
Removal of trees for public safety.
FORESTRY MANAGEMENT PLAN
As set forth in the Comprehensive Management Plan [N.J.A.C. 7:50-4.2(b)6.ii].
GOVERNING BODY
The Township Committee of the Township of Egg Harbor.
A. 
For buildings adjoining one street only, the elevation of the established curb at the center of the wall adjoining the street.
B. 
For buildings adjoining more than one street, the average of the elevations of the established curbs at the center of all walls adjoining streets.
C. 
For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. All walls approximately parallel to and not more than 15 feet from a street line are to be considered as adjoining a street.
GROSS ACREAGE
The entire area of a tract after deduction for dedication for road and other improvements, natural tidal, nontidal bodies of water, wetlands or other state or federally regulated nonbuildable lands. In the Pinelands Area, gross acreage shall mean the entire area of a tract prior to the deduction of those improvements and lands listed above.
HABITAT
The natural environment of an individual animal or plant, population or community.
A. 
The vertical distance from grade to the top of the highest roof beams of a flat roof, or the mean level of the highest gable or slope of a hip roof.
B. 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, chimneys, ventilators, skylights, water tanks, solar heating apparatus and similar features and necessary mechanical appurtenances usually carried above the roof level, provided that the height does not exceed imaginary surfaces necessary to provide for safe aircraft operation. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve. Provisions of this chapter shall permit the erection of parapet walls or cornices for ornamentation without windows above the building height limit by not more than five feet. Quasipublic buildings and public buildings, schools, churches and other similar permitted uses may exceed the height limit herein established, provided that such uses shall increase the front, rear and side yards one foot for each foot by which such building exceeds the height limit established for the district within which the use is located.
C. 
Unless otherwise provided, no building, other than a farm building, shall exceed 30 feet in height, provided that such height limits for farm buildings may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements, up to a maximum of 40 feet. The initial maximum height restriction in any commercial or industrial zone shall be 45 feet instead of 30 feet. Maximum height for all accessory buildings shall be 15 feet.
HISTORIC DISTRICT
An area designated by the Pinelands Commission, pursuant to the Comprehensive Management Code (N.J.A.C. 7:50-6.143), as having such historic, cultural or archaeological significance as to merit special protection.
HISTORIC RESOURCE
Any site, building, area, district, structure or object significant in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
[Amended 6-25-1997 by Ord. No. 24-1997]
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation and has been so designated pursuant to law.
HYDROPHYTES
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through or penetrate its pores or spaces.
A. 
Manufacturing plants of a type which carry on processes within completely enclosed buildings; wholesale distribution centers for wholesale sales, storage and distribution, including facilities for bulk storage; enclosed service and repair facilities; equipment sales and service; business offices and office buildings; industrial plants not involving the synthesis of chemical products for direct industrial sale; research laboratories; and other light industrial uses of the same general character.
B. 
All industrial uses not included above.
INSTITUTIONAL USE
[Amended 5-23-2001 by Ord. No. 17-2001]
Any land used for the following public or private purposes:
A. 
Educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries.
B. 
Cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like.
C. 
Hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital.
D. 
Medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities.
E. 
Law enforcement facilities.
F. 
Military facilities.
G. 
Religious buildings.
H. 
Other similar facilities, with the exception of assisted-living facilities and medical offices which are not associated with hospitals or other medical or health service facilities.
INTERIOR LOT LINE
Any lot line other than one adjoining a street or public space.
JUNK- OR SALVAGE YARD
Any area or structure used or intended to be used for conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. The storage or other use of not more than three disabled vehicles in conjunction with a public or commercial garage shall not be considered a junkyard.
JUNKYARD, APPROVED CHARITABLE OR NONPROFIT DROPOFF DEPOSITORIES and/or RECYCLING CENTER
Any state or federally approved tax-exempt charitable or nonprofit organization may establish dropoff depositories for the purpose of collecting clothes or other similar items or for collecting materials to be used in recycling. The location of such depositories shall be reviewed by the Planning Board after application is made in a form approved by said Board.
JUNKYARD, MOTOR VEHICLE
Any business or any place of storage or deposit on property in the Township of Egg Harbor of four or more unregistered motor vehicles or four or more automobiles which, in the opinion of the Director of Public Safety, Construction Official or Zoning Officer, are unfit for reconditioning for use for highway transportation, or used parts of motor vehicles or material which has been a part of a motor vehicle, the sum of which parts or materials shall, in the opinion of Director of Public Safety, Construction Official or Zoning Officer, be equal in bulk to two or more motor vehicles.
LAND
Includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.
LANDFILL
Sites, including open dumps, where solid waste, liquid and dry sewage sludge and liquid and dry chemical waste are disposed of by land application with or without the use of management practices or soil covering. For the purposes of this chapter, solid waste transfer stations shall not be considered landfills.
LANDSCAPING
The installation of plant material or seed as a part of a development.
LAND USE ORDINANCES or LAND USE REGULATION
Any county or municipal ordinance or regulation which, in any way, regulates or affects the development of land.[2]
LOADING SPACE
An off-street space or berth used for the loading or unloading of commercial vehicles.
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.
[Added 6-25-1997 by Ord. No. 24-1997]
LOCAL PERMITTING OR APPROVING AGENCY
Any county or municipal official, department, agency or other body authorized to rule on any application for development.
LOT
Any parcel, tract or area of land separated from other parcels or portions and established by a lawful subdivision, plat, deed or record, survey map, by metes and bounds description or otherwise as permitted by law and to be used, developed or built upon as a unit.
A. 
A lot with at least two adjacent sides abutting upon intersecting streets or other public spaces. On all corner lots, the required building setback line paralleling both street frontages shall not be less than the minimum front yard setback requirements of an adjoining interior lot fronting on said street. On all corner lots, the lot width shall be equal to or greater than the minimum depth of lot requirements of the zoning district. The required lot width and lot depth shall be measured along the required front yard building setback line. All corner lots shall have two front yards, one side yard and one rear yard.
B. 
A lot which faces on one street or with opposite sides on two streets and any other lot which is not a corner lot.
LOT AREA
The area contained within lot lines, but not including any portion of a street.
[Amended 6-8-1994 by Ord. No. 25-1994]
LOT COVERAGE
The area of the lot covered by buildings, structures and all other impervious surfaces.
LOT DEPTH
The mean horizontal distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.
LOT DISTURBANCE
Clearing, cutting, grading, excavating, filling, transporting or any other activity that alters or eliminates existing wooded areas.
[Added 5-26-1999 by Ord. No. 17-1999]
LOT FRONTAGE
A lot line or portion thereof which is coexistent with the street right-of-way. In the case of a street of undefined width, said lot line shall be assumed to parallel the center line of the street at a distance 25 feet therefrom. In the case of corner lots, the smaller of the two or more lot lines coexistent with street lines shall be considered as the frontage. In the case of lots extending from one street to another, both lot lines shall be classified as frontage.
LOT LINE
A line dividing one lot from another or from a street or any public space.
LOT WIDTH
The distance between the side lot lines measured by a line parallel to the front lot line drawn at the minimum required building setback from the street line.
MAINTENANCE BOND
Any security acceptable to the Township Committee to assure the maintenance of duly approved improvements installed by the developer after the final acceptance of the improvements and in accordance with this chapter.
MAINTENANCE GUARANTY
Any security which may be accepted by the Township for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Refer to the definition of "subdivision, major" under the definition of "subdivision."
MANUFACTURING
The processing and converting of raw, unfinished or finished materials or products, or any of these, into an article or substance of different character or for use for a different character or for use for a different purpose; also industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
MARINA
A waterfront facility wherein the docking, mooring, repair, servicing and storage of boats is offered for rent. A marina shall be deemed to include automobile parking facilities, sanitary facilities, marine supply shop, marine motor fuel sales, boat sales, repairs and maintenance and service, but specifically excluding facilities for more than two permanent dwellings, whether on land or water. Such facility shall not include docking or mooring of boats designed and/or used as a permanent residential dwelling (see definition of "dwelling" herein and in Uniform Construction Code), whether occupied year-round or seasonal, except that the foregoing shall not prevent owners and guests from occupying boats in a twenty-four-hour period. A waterfront facility (marina) may also include accessory uses such as a restaurant, not including fast-food or drive-in restaurants, no more than two permanent residential dwellings for facility owner, manager and security personnel inclusive of industrialized dwellings, whether supported on land or water.
MASTER PLAN, TOWNSHIP
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.
MAYOR
The chief executive of the Township.
MINOR SITE PLAN
A site plan of one or more lots which:
A. 
Proposes new construction, the conversion of an existing building from one use to another or the enlargement of an existing building or the combination of the same where the total building coverage does not exceed 5,000 square feet for retail commercial purposes or 10,000 feet for industrial uses;
B. 
Does not involve planned development, any new street or the extension of any off-tract improvement which is to be provided pursuant to N.J.S.A. 40:55D-42;
C. 
Contains the information reasonably required in order to make an informed determination whether the requirements established by ordinance for approval of a minor site plan have been met;
D. 
Significantly increases peak hour traffic; or
E. 
Increases the number of parking spaces necessary to support the new or enlarged use as determined by § 225-56 of the Township Code by 25 or more spaces.
MINOR SUBDIVISION
Refer to the definition of "subdivision, minor" under the definition of "subdivision."
MUNICIPAL AGENCY
The Township Planning Board, Zoning Board of Adjustment or Township Committee when acting pursuant to the Municipal Land Use Law[3] and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.[4]
MUNICIPALITY
The Township of Egg Harbor in Atlantic County of the State of New Jersey.
NAVIGABLE WATER
Water capable of being traversed by pleasure craft.
NONCONFORMING LOT, STRUCTURE
A lot or structure, the area, size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
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 Atlantic County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq.
OFF SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street right-of-way.
OFF-SITE COMMERCIAL 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.
OFF TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
An unoccupied space open to the sky on the same lot with a principal or accessory building. Open space includes the following types:
A. 
A parcel or parcels of land or any area of water, or a combination of land and water, within the site designated for a planned development or a cluster development and designed and intended for the use or enjoyment of residents and owners of the planned development or cluster development. Common open space excludes land areas within the rights-of-way of streets to be located within a planned development unless exclusively designed for access to open space. A legally constituted organization of the property owners shall be formed for the maintenance of the common areas and facilities, or this common space may be deeded to the Township if accepted by the Township for use by all residents of the Township.
B. 
Consists of either common or public open space which is either developed or maintained for recreational purposes, readily available, or improved for such recreational purposes, and excludes that portion of the area consisting of officially designated wetlands, streets, drives and space utilized for off-street parking or loading purposes. Where usable open space is required in this chapter, it shall be designated on plans submitted as required.
C. 
An open space conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for educational, recreational or conservation uses.
D. 
That type and percentage of common, usable or public open space that must be provided in particular zoning districts, in cluster developments or in planned developments according to the provisions of this chapter.
OWNER
Any individual, firm, association, syndicate, copartnership, corporation or trust having sufficient proprietary interest in the land to be developed in order to commence and maintain proceedings to subdivide the same under this chapter.
PARCEL
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 6-25-1997 by Ord. No. 24-1997]
PARKING LOT, COMMERCIAL
Any lot or area other than a street which is devoted to the parking of automobiles, available for public use, whether in return for a fee or as an accommodation for clients or customers, and which is not directly operated by and on behalf of the use permitted in the zone in which located.
PARKING SPACE
An open space or garage on a lot used for parking motor vehicles to which there is access from a street.
PERFORMANCE GUARANTY
Any security, including cash, in accordance with the requirements of this chapter which may be accepted in lieu of a requirement that certain improvements be made before the Township approves a plat, including performance bonds, escrow agreements, letters of credit and other similar collateral or surety agreements, provided that not more than 10% of the total guaranty shall be required in cash.
PERMIT
An official document or certificate issued by the authority having jurisdiction and authorizing performance of a specified activity.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PERSON
An individual, corporation, public agency, business trust, partnership, copartnership, association, two or more persons having a joint or common interest or any other legal entity.
PINELANDS
The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA
That area designated as such by Section 10(a) of the Pinelands Protection Act.
PINELANDS COMMISSION
The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
PINELANDS DEVELOPMENT CREDIT
A use right allocated to certain lands within the Township and the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on certain other lands within the Township and the Pinelands Area.
PINELANDS NATIONAL RESERVE
That area designated as such by Section 3(i) of the Pinelands Protection Act.
PINELANDS PROTECTION ACT
N.J.S.A. 13:18A-1 to 13:18A-29, as amended.
PINELANDS RESOURCE-RELATED USE
Any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this chapter 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 this chapter.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size as specified by this chapter 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 this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
An area with a minimum contiguous size, as specified by this chapter, to be planned and developed as a single entity and containing one or more residential clusters. Appropriate commercial, public or quasipublic uses may be included if such uses are primarily for the benefit of the residential development.
PLANNING BOARD
The Township Planning Board established by N.J.S.A. 40:55D-23.
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
PLAT
One or more maps of a subdivision or a site plan which shows the location, boundaries and ownership of individual properties.
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the approving board and the applicant and after the applicant has proceeded in accordance with N.J.S.A. 40:55D-49.
PRIME AGRICULTURAL LANDS
Those soils designated in the Atlantic County Soil Survey as agricultural capability Class I and II.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is situated.
PRINCIPAL USE
The main purpose for which a lot or building is used.
PROTECTION AREA
All land within the Pinelands Area which is not included in the preservation area.
PUBLIC 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 any interstate and regional agencies exercising sovereign powers of government.
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT
The development or subdivision of land by the Township Committee, School Board or any other officially created municipal agency or authority.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage.
PUBLIC SERVICES
Sewer service, gas, electricity, water, telephone, television and other public utilities, roads and streets and other similar services provided or maintained by any public or private entity.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use of available technology, natural, human and economic resources.
RECORD TREE
The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 6-25-1997 by Ord. No. 24-1997]
RECREATIONAL FACILITY, LOW-INTENSIVE
In the Pinelands Area of the Township, 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 6-25-1997 by Ord. No. 24-1997]
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 buildable acre of residential land area, including streets, easements and open space portions of a development. In the Pinelands Area, "residential density" shall mean the number of dwelling units per gross acre of land, including streets, easements and open space portions of a development.
RESOURCE CONSERVATION PLAN
A plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
RESOURCE EXTRACTION
The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes; not including, however, the private or agricultural extraction and use of extracted material by a landowner.
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.
REVERSE FRONTAGE
Access to lots fronting on a major road from an accessory street, rather than a collector street.
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse, utility alignment or other way and within which all improvements and right of access are confined.
ROOF
The roof slab or deck with its supporting members, not including vertical supports.
ROOF STRUCTURE
An enclosed structure on or above the roof of any part of a building.
A. 
Any school which offers courses for adults in specific nonacademic subjects such as, but not limited to, office machine operating and other trades, dancing, singing, driver training and similar cultural or artistic endeavors.
B. 
Any school which offers a general academic course of instruction as commonly accepted in approved elementary, secondary, preparatory or college-level institutions. Nursery and preschool-age day schools shall be included herein.
C. 
Any instructional institution owned or operated by a governmental agency.
SEASONAL HIGH-WATER TABLE
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SETBACK
The distance between the street line or property line and the building line.
SETBACK LINE
The line that is established a minimum horizontal distance from the lot line and beyond which the building or part of a building is not permitted to extend toward the lot lines. All setbacks from public streets shall be measured from the proposed right-of-way width as shown on any adopted State, County or Township Master Plan or Official Map, when adopted. This line shall be located at the building line, except as otherwise permitted by this chapter.
SIGHT TRIANGLE EASEMENT AT INTERSECTION AND/OR DRIVEWAY
A triangular shaped area established in accordance with the requirements of this chapter in which nothing shall be erected, placed, planted or allowed to grow more than 30 inches above the center line grade of either street and/or driveway.
SIGN
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
SIGN AREA
The area included within the frame or edge of the sign, including all lettering, wording, coloring and accompanying designs and symbols together with the background where open or closed. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign. The supporting framework and bracketing incidental to the display shall not be included.
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 and signs, lighting, screening devices and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter as to a site plan.[5]
A. 
Standards adopted by ordinance (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 inflammable 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 Township; or
B. 
Standards required by applicable federal or state laws or other Township ordinances.
STORY
That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.
STORY, FIRST
The lowermost story entirely above the grade plane.
A. 
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which:
(1) 
Is an existing state, county or Township roadway.
(2) 
Is shown upon a plat heretofore approved pursuant to law.
(3) 
Is approved by official action as provided by this chapter.
(4) 
Is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of the Planning Board and the grant to such Board of the power to review plats.
(5) 
Includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
B. 
For the purpose of this chapter, streets shall be classified as follows:
(1) 
Streets which are used primarily for fast or heavy traffic.
(2) 
Streets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
(3) 
Streets which carry traffic from minor streets to the major system of arterial streets, including the principal access streets of a residential development.
(4) 
Streets which are used primarily for access to abutting properties.
(5) 
Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
(6) 
Minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET LINE
The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, when adopted, forming the dividing line between the street and a lot. In the case of a street of undefined width, said street line shall be assumed to parallel the center line of the street at a minimum distance of 25 feet therefrom.
STRUCTURAL ALTERATION
Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land, including buildings, fences, tanks, towers, signs, advertising devices and swimming pools.
SUBDIVIDER
Any individual, firm, association, syndicate, partnership, copartnership, corporation, trust or any legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another with the written consent of the owner.
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) 
The division of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size.
(2) 
The division of property by testamentary or intestate provisions.
(3) 
The division 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 this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the Township. The term "subdivision" shall also include the term "resubdivision."
B. 
A subdivision of land for the creation of an aggregate of not more than four lots (three new lots plus the remaining lot); provided that such subdivision does not involve a planned development, any new streets or the extension of any off-tract improvements, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42; and not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by any board within the five years past and where the combination of the proposed and approved minor subdivisions constitute a major subdivision. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
C. 
Any subdivision of land not classified as a minor subdivision.
SUBMERGED LANDS
Those lands which are inundated with water throughout the year.
SUBSTANTIAL COMPLETION
Refers to the point at which the performance of all work, except landscaping items, final cleanup and repair of work performed but not acceptable to the Township, has been completed, provided that the development is safe and convenient for use by the public and failure to complete the work and repairs excepted above will not result in the deterioration of other completed work, and provided, further, that the value of landscape work remaining to be performed, repairs and cleanup is less than 2% of the total performance guaranty.
SWIMMING POOL
A structure artificially constructed in the ground which provides recreational facilities for swimming, bathing or wading and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes.
TOT-LOT
An improved and equipped play area for small children usually up to the elementary school age.
TRACT
An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or a reproduction thereof.
USE
The purpose for which the building, structure or site is designed, used or intended to be used.
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes located in a street, road, alley or easement, through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
[Amended 6-25-1997 by Ord. No. 24-1997]
VARIANCE
Permission to depart from the literal requirements of this chapter.
VEGETATION
Any plant material, including grasses, shrubs and trees.
WALKWAY or SIDEWALK
A way for carrying pedestrian traffic, and may be located within the right-of-way provided for a street or may be located adjacent to a property line, between lots, and laid out so that it may provide pedestrian traffic along a street or road or within a subdivision connecting two streets.
WETLANDS
Those areas where the substrate is inundated or saturated by surface- or groundwater at a frequency, magnitude and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions, known as "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. Egg Harbor Township possesses areas of coastal and inland wetlands, including submerged lands as defined in N.J.A.C. 7:50-6.3 et seq. of the New Jersey Pinelands Comprehensive Management Plan.
WETLANDS SOILS
Those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
YARD
An unoccupied, unobstructed open space other than a court and adjacent to a building. Porches and bay windows shall be considered a part of the building. Overhanging eaves, gutters and cornices of two feet or fewer shall not be considered an infringement of the requirements.
YARD, FRONT
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot situated between the street line and the building line projected on the side lines of that lot, exclusive of overhanging eaves, gutters, cornices and steps.
YARD, REAR
An open, unoccupied space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building, exclusive of overhanging eaves, gutters, cornices and steps. The rear yard is the yard directly opposite the chosen front yard. The depth of the rear yard shall be measured at right angles to the rear line of the lot.
YARD, SIDE
An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot lines, as the case may be. The width of a side yard will be measured at right angles to the side line of the lot. Overhanging eaves, cornices and steps are excepted.
ZONE
A specifically delineated area in the Township within which regulations and requirements uniformly govern the use, placement, spacing and size of land use buildings.
ZONING
The reservation of certain specified areas within a community or city for building and structures or use of land for certain purposes, with other limitations such as height, lot coverage and other stipulated requirements.
ZONING PERMIT
A document signed by the Zoning Officer which:
A. 
May be required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building.
B. 
Acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency pursuant to this chapter.
[1]
Editor's Note: See Ch. 198, Subdivision of Land and Site Plan Review, and Ch. 225, Zoning.
[2]
Editor's Note: See Ch. 198, Subdivision of Land and Site Plan Review, and Ch. 225, Zoning.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[4]
Editor's Note: See Ch. 6, Art. I, Township Committee, Art. XVIII, Planning Board, and Art. XIX, Board of Adjustment.
[5]
Editor's Note: The definition of "specimen tree," which immediately followed this definition, was repealed 6-25-1997 by Ord. No. 24-1997.