[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.
A building, structure or use:
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.
Which is subordinate in area, extent and purpose
to the principal structure or principal building or a principal use.
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]
Which is located on the same parcel as the principal
structure or principal use served.
[Amended 6-25-1997 by Ord. No. 24-1997]
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]
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.
Housing which falls within the financial means of a household:
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.
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.
A means for making changes in this chapter or to the certified
Master Plan herein as expressly authorized.
As specifically set forth in Section 7:50-6.32 of the Comprehensive
Management Plan.
A developer, landowner or person with an enforceable proprietary
interest submitting an application for development.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
The erection, reconstruction, alteration, conversion, demolition,
removal or equipping of buildings or structures.
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.
That development which takes place as of right in the particular
zoning district and which requires subdivision, rather than planned
development, review.
The County of Atlantic unless otherwise specified.
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.
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.
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.
The average number of dwelling units per gross acre of land.
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.
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.
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:
A change in type of use of a structure or land.
A reconstruction, alteration of the size or
material change in the external appearance of a structure or land.
A material increase in the intensity of use
of land, such as an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land.
Commencement of resource extraction, drilling
or excavation on a parcel of land.
Demolition of a structure or removal of trees.
Deposit of refuse, solid or liquid waste or
fill on a parcel of land.
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
of waste material.
Alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
Commencement of forestry activities.
Any approval granted by any Township approving authority.
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.
All development other than major development.
Any development by a public agency.
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]
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.
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.
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.
SINGLE-FAMILY DETACHED DWELLING UNITA 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.
TWIN OR TWO-FAMILY DWELLING UNITA 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.
DUPLEXA 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.
SEMIDETACHEDA 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.
SINGLE-FAMILY ATTACHED DWELLING UNITA 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.
MULTIFAMILY DWELLING UNIT/APARTMENTA 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.
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.
A Township advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
A statement on the effect of development proposals and other
major actions which significantly affect the environment.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
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.
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.
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.
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.
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.
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.
That portion of the flood hazard area outside of the floodway.
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.
The area adjoining any natural stream and including any water-
or drainage course or body of water subject to periodic flooding or
overflow.
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.
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.
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.
The actual occupied area, not including accessory unoccupied
areas or thickness of walls.
[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:
Removal of trees located on a parcel of land
one acre or less on which a dwelling has been constructed.
Horticultural activities involving the planting,
cultivating or harvesting of nursery stock or Christmas trees.
Removal of trees necessitated by the development
of the parcel as otherwise authorized by this chapter.
Removal of trees necessary for the maintenance
of utility or public rights-of-way.
Removal or planting of trees for the personal
use of the parcel owner.
Removal of trees for public safety.
As set forth in the Comprehensive Management Plan [N.J.A.C.
7:50-4.2(b)6.ii].
The Township Committee of the Township of Egg Harbor.
For buildings adjoining one street only, the
elevation of the established curb at the center of the wall adjoining
the street.
For buildings adjoining more than one street,
the average of the elevations of the established curbs at the center
of all walls adjoining streets.
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.
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.
The natural environment of an individual animal or plant,
population or community.
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.
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.
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.
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.
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]
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.
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces.
LIGHT INDUSTRIAL USESManufacturing 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.
HEAVY INDUSTRIAL USESAll industrial uses not included above.
[Amended 5-23-2001 by Ord. No. 17-2001]
Any land used for the following public or private purposes:
Educational facilities, including universities,
colleges, elementary and secondary and vocational schools, kindergartens
and nurseries.
Cultural facilities such as libraries, galleries,
museums, concert halls, theaters and the like.
Hospitals, including such educational, clinical,
research and convalescent facilities as are integral to the operation
of the hospital.
Medical and health service facilities, including
nursing homes, rehabilitation therapy centers and public health facilities.
Law enforcement facilities.
Military facilities.
Religious buildings.
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.
Any lot line other than one adjoining a street or public
space.
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.
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.
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.
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.
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.
The installation of plant material or seed as a part of a
development.
Any county or municipal ordinance or regulation which, in
any way, regulates or affects the development of land.[2]
An off-street space or berth used for the loading or unloading
of commercial vehicles.
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]
Any county or municipal official, department, agency or other
body authorized to rule on any application for development.
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.
CORNER LOTA 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.
INTERIOR LOTA lot which faces on one street or with opposite sides on two streets and any other lot which is not a corner lot.
The area contained within lot lines, but not including any
portion of a street.
[Amended 6-8-1994 by Ord. No. 25-1994]
The area of the lot covered by buildings, structures and
all other impervious surfaces.
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.
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]
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.
A line dividing one lot from another or from a street or
any public space.
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.
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.
Any security which may be accepted by the Township for the
maintenance of any improvements required by this chapter.
Refer to the definition of "subdivision, major" under the
definition of "subdivision."
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.
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.
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.
The chief executive of the Township.
A site plan of one or more lots which:
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;
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;
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;
Significantly increases peak hour traffic; or
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.
Refer to the definition of "subdivision, minor" under the
definition of "subdivision."
The Township of Egg Harbor in Atlantic County of the State
of New Jersey.
Water capable of being traversed by pleasure craft.
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.
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.
The specific purpose for which land or a building is used,
designed or maintained.
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.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq.
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.
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.
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.
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.
An unoccupied space open to the sky on the same lot with
a principal or accessory building. Open space includes the following
types:
COMMON OPEN SPACEA 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.
USABLE OPEN SPACEConsists 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.
PUBLIC OPEN SPACEAn 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.
REQUIRED OPEN SPACEThat 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.
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.
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]
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.
An open space or garage on a lot used for parking motor vehicles
to which there is access from a street.
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.
An official document or certificate issued by the authority
having jurisdiction and authorizing performance of a specified activity.
Any use of land or buildings as permitted by this chapter.
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.
The Pinelands National Reserve and the Pinelands Area.
That area designated as such by Section 10(a) of the Pinelands
Protection Act.
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.
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.
That area designated as such by Section 3(i) of the Pinelands
Protection Act.
N.J.S.A. 13:18A-1 to 13:18A-29, as amended.
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.
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 unit development, planned unit residential development,
residential cluster, planned commercial development or 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.
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.
The Township Planning Board established by N.J.S.A. 40:55D-23.
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
One or more maps of a subdivision or a site plan which shows
the location, boundaries and ownership of individual properties.
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.
Those soils designated in the Atlantic County Soil Survey
as agricultural capability Class I and II.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
The main purpose for which a lot or building is used.
All land within the Pinelands Area which is not included
in the preservation area.
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.
The development or subdivision of land by the Township Committee,
School Board or any other officially created municipal agency or authority.
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
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.
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.
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
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]
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]
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.
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.
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
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.
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
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.
Access to lots fronting on a major road from an accessory
street, rather than a collector street.
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.
The roof slab or deck with its supporting members, not including
vertical supports.
An enclosed structure on or above the roof of any part of
a building.
COMMERCIALAny 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.
PRIVATEAny 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.
PUBLICAny instructional institution owned or operated by a governmental agency.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
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.
The distance between the street line or property line and
the building 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.
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.
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.
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.
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]
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
Standards required by applicable federal or
state laws or other Township ordinances.
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above.
The lowermost story entirely above the grade plane.
Any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which:
Is an existing state, county or Township roadway.
Is shown upon a plat heretofore approved pursuant
to law.
Is approved by official action as provided by
this chapter.
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.
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.
For the purpose of this chapter, streets shall
be classified as follows:
ARTERIAL STREETSStreets which are used primarily for fast or heavy traffic.
SECONDARY STREETSStreets connecting places of relatively dense settlement with each other and with arterial streets and intended primarily for intermunicipal and commuter traffic.
CONNECTOR OR COLLECTOR STREETSStreets which carry traffic from minor streets to the major system of arterial streets, including the principal access streets of a residential development.
MINOR STREETSStreets which are used primarily for access to abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
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.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
A combination of materials to form a construction for occupancy,
use or ornamentation having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land, including buildings, fences, tanks,
towers, signs, advertising devices and swimming pools.
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.
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:
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.
The division of property by testamentary or
intestate provisions.
The division of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
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."
SUBDIVISION, MINORA 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.
SUBDIVISION, MAJORAny subdivision of land not classified as a minor subdivision.
Those lands which are inundated with water throughout the
year.
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.
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.
An improved and equipped play area for small children usually
up to the elementary school age.
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.
A typed or printed verbatim record of the proceedings or
a reproduction thereof.
The purpose for which the building, structure or site is
designed, used or intended to be used.
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]
Permission to depart from the literal requirements of this
chapter.
Any plant material, including grasses, shrubs and trees.
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.
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.
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.
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.
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.
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.
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.
A specifically delineated area in the Township within which
regulations and requirements uniformly govern the use, placement,
spacing and size of land use buildings.
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.
A document signed by the Zoning Officer which:
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.
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.
