For the purposes of this chapter, the following rules of construction shall apply:
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
Words used in the singular include the plural and vice versa.
Any word tense includes every tense of the word.
The word "shall" is mandatory; the word "may" is permissive.
The word "used" and "occupies" includes the words "designed, intended, or arranged to be" used or occupied.
The word "building" includes the words "structure," "dwelling" or "residence," and includes "or any part thereof."
The word "lot" includes the words "plot," "premises," and "tract."
The word "zone" includes district and vice versa.
Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning as defined in said statute, unless specifically defined to the contrary in this chapter.
Any word or term not defined herein shall be used with a meaning of standard usage.
Unless otherwise stated in context, the words and phrases set forth in the following paragraphs shall have the meaning therein indicated:
- ACCESSORY BUILDING, STRUCTURE OR USE
- A use or structure located on the same lot as a principal use or structure and which is customarily incidental and subordinate to the principal use or structure.
- ADMINISTRATIVE OFFICER
- The Zoning Officer of the Township of Mannington.
- ADVERSE EFFECTS
- Results that create or contribute to harmful, degraded or unfavorable conditions. Adverse effects may include, but are not limited to: negative impacts on surrounding lands or streets; negative impacts that are contrary to the Mannington Township Master Plan or the intent of this Chapter 70; negative impacts in the form of environmental harm or degradation; negative impacts that threaten the public health, safety and general welfare.[Amended 4-7-2011 by Ord. No. 11-02]
- AGRICULTURAL PURPOSES
- Farming and related pursuits not including the erection, alteration, enlargement, or reconstruction of a structure for residential occupancy.
- ALTERATIONS OR ADDITIONS, STRUCTURAL
- Any change in or additions to the supporting members of a building such as walls, beams, columns, guides, posts or piers.
- AMENDED APPLICATION FOR DEVELOPMENT
- Application forms and other documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 that are submitted to amend, revise or otherwise modify an application for development, amended application for development, or other application to the Planning Board that has already been submitted and certified or deemed complete, but which has not yet been granted or denied, and which has not been withdrawn by the applicant. An amended application for development shall constitute, and shall be processed and reviewed by the Planning Board as in the case of the original application for development, as a new application for development that has replaced the one being amended. An amended application for development shall be subject to the application fee payment and review escrow deposit requirements for resubmission or revision of a development plan or application per the fee schedule established in Mannington Township Code § 46-5. A "resubmitted application for development," as defined in this Chapter 70, is not an amended application for development. When an applicant elects to bifurcate a development proposal pursuant to N.J.S.A. 40:55D-76, Subdivision b, (and as that term is defined in this Chapter 70), the subsequent application as referred to in that statute is not an amended application for development; rather, each application that is submitted as part of an applicant's bifurcated development proposal (the initial "separate application" and any subsequent one) shall constitute and be processed and reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows that are required for new applications, and each application having a separate certification or deeming of completeness, and a separately established date of submission, as defined in this Chapter 70.[Added 4-7-2011 by Ord. No. 11-02]
- APPLICATION FOR DEVELOPMENT
- The application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
- APPROVING AUTHORITY
- The Mannington Township Planning/Zoning Board, unless a different agency is designated by ordinance when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
- A story of a building that is partly underground which has more than 1/2 its interior height, measured from the floor to finished ceiling, below the average finished grade of the ground adjoining the building.
- BASIC UTILITY AIRPORT
- An airport which can accommodate almost all single-engine aircraft, and most twin-engine aircraft of less than 8,000 pounds maximum weight, as designated by the Division of Aeronautics of the New Jersey Department of Transportation.
- A room planned, designated, or used primarily for sleeping.
- To present a development proposal to the Planning Board for review pursuant to N.J.S.A. 40:55D-76, Subdivision b, via an initial separate application for variance approval followed by a subsequent application for subdivision, site plan, conditional use, or other approval. Each application that is submitted as part of an applicant's bifurcated development proposal presentation (the initial application and any subsequent one) shall constitute and be processed and reviewed by the Planning Board as a separate new application for development, with each application being subject to the payment of all fees and escrows that are required for new applications, and each application having a separate certification or deeming of completeness, and a separately established date of submission as defined in this Chapter 70.[Added 4-7-2011 by Ord. No. 11-02]
- The New Jersey Stormwater Best Management Practices Manual.[Added 10-5-2006 by Ord. No. 06-11]
- A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
- BUILDING AREA
- The aggregate area occupied by all buildings on a lot as measured on a horizontal plane around the periphery of the facades and including the area under the roof of any structure not having walls.
- BUILDING/STRUCTURE HEIGHT
- The vertical dimension measured from the point of average
elevation above sea level within the building or structure footprint
to the horizontal plane of the highest point of the building or structure,
provided that if the average elevation within the building or structure
footprint is or has been changed at any time following the date of
the Mannington Township Planning Board’s adoption of the resolution
memorializing minor subdivision or final major subdivision approval
for the lot; at any time following the date of the Mannington Township
Planning Board’s adoption of the resolution memorializing final
development approval for the building or structure; or if there has
been no Planning Board approval, at any time following the date that
was 10 years prior to the date of issuance of the initial construction
permit for the building or structure, the average elevation for purposes
of calculating maximum permitted building/structure height shall be
the lower of the average pre-change elevation within the building
or structure footprint, or the average elevation within the building
or structure footprint upon completion of the building or structure.[Amended 12-22-2008 by Ord. No. 08-13]
- BUILDING SETBACK LINE
- The line parallel to the street at a distance therefrom equal to the depth of the front yard required for the district under consideration.
- CAFRA CENTERS, CORES OR NODES
- Those areas within boundaries accepted by the NJDEP pursuant
to N.J.A.C. 7:8E-5B.[Added 10-5-2006 by Ord. No. 06-11]
- CAFRA PLANNING MAP
- The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C.
7:7E-5B.3.[Added 10-5-2006 by Ord. No. 06-11]
- A facility operated by a public, private, or nonprofit organization providing the natural setting upon which two or more campsites are located, established or maintained for occupancy by camping units, camp trailers, or camp cars for periods of temporary occupancy by the general public for recreation, education, or vacation purposes.
- CERTIFICATE OF OCCUPANCY
- A document which shall be deemed to authorize and be required for each occupancy and use of the building or the land to which it applies, and shall continue in effect only so long as such building and the use thereof, and the use of the land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto.
- The identifiable bed and banks of a stream which convey a normal, constant or intermittent flow of a stream.
- Any organization catering exclusively to members and their guests or any organization for religious, vocational, civic or recreational purposes which is not conducted for financial gain.
- CLUSTER DEVELOPMENT
- An area to be developed as a single entity according to a plan containing detached, single-family residential housing units which have a common public space area as an appurtenance and in accordance with the provisions of this chapter.
- COMMERCIAL FARM
- A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually,
and satisfying the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A.
54:4-23.1 et seq.; or a farm management unit less than five acres,
producing agricultural or horticultural products worth $50,000 or
more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the Farmland Assessment
Act of 1964, N.J.S.A. 54:4-23.1 et seq. [Added 5-6-2010 by Ord. No. 10-03]
- COMMON OPEN SPACE
- An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
- An increase in soil bulk density.[Added 10-5-2006 by Ord. No. 06-11]
- CONDITIONAL USE
- A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for location or operation of such use contained in this chapter, and upon the issuance of an authorization thereof by the Planning/Zoning Board.
- CONSERVATION EASEMENT
- An interest in land less than fee-simple absolute, stated
in the form of a right, restriction, easement, covenant, or condition,
in any deed, will or other instrument, other than a lease, executed
by or on behalf of the person vested with a greater interest therein,
appropriate to retaining land or water areas predominantly in their
natural, scenic, open or wooded condition, or for conservation of
suitable habitat for plants or animals.[Added 10-5-2006 by Ord. No. 06-11]
- CONSERVATION RESTRICTION
- An interest in land less than fee-simple absolute, stated
in the form of a right, restriction, easement, covenant or condition,
in any deed, will or other instrument, other than a lease, executed
by or on behalf of the owner of the land, appropriate to retaining
land or water areas predominantly in their natural, scenic or open
or wooded condition, or for conservation of soil or wildlife, or for
outdoor recreation or park use, or as suitable habitat for fish or
wildlife, to forbid or limit any or all:[Added 10-5-2006 by Ord. No. 06-11]
- A. Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground;
- B. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;
- C. Removal or destruction of trees, shrubs or other vegetation;
- D. Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance;
- E. Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition;
- F. Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation;
- G. Other acts or uses detrimental to the retention of land or water areas according to the purposes of any conservation or environmental laws or regulations.
- A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipalities, generally including housing and access
to public transportation. [Added 10-5-2006 by Ord. No. 06-11]
- COUNTY REVIEW AGENCY
- Unless otherwise specified, the Salem County Planning Board
or such other agency as may be designated by the Salem County Board
of Chosen Freeholders to review municipal stormwater management plans
and implementing ordinances, and the Salem County Soil Conservation
District.[Added 10-5-2006 by Ord. No. 06-11]
- That percentage of the plot or lot area covered by all buildings and impervious materials. Any area of a lot covered with porous materials will not be included in the calculation of coverage.
- DATE OF SUBMISSION
- The date of submission of an application for development,
amended application for development, resubmitted application for development,
application submitted as part of a bifurcated development proposal,
or other application to the Planning Board shall be determined as
follows:[Added 4-7-2011 by Ord. No. 11-02]
- A. For an application for development, amended application for development, resubmitted application for development, application submitted as part of a bifurcated development proposal, or other application to the Planning Board that involves no submission waivers and is certified complete by the Planning Board within the time specified by N.J.S.A. 40:55D-10.3, the date of submission shall be the date that the Planning Board Secretary received for filing the last of the application forms, documents, plans, materials, information, payments, and/or deposits that were required for the application for development, amended application for development, resubmitted application for development, application submitted as part of a bifurcated development proposal, or other application to be certified complete.
- B. For an application for development, amended application for development, resubmitted application for development, application submitted as part of a bifurcated development proposal, or other application to the Planning Board that involves submission waiver requests that are granted by the Planning Board, and which is certified complete by the Planning Board within the time specified by N.J.S.A. 40:55D-10.3, the date of submission shall be the date that the Planning Board Secretary received for filing the last of the application forms, documents, plans, materials, information, payments, and/or deposits that were required for the application for development, amended application for development, resubmitted application for development, application submitted as part of a bifurcated development proposal, or other application to be certified complete, or the date that the Board granted the last of the submission waivers, whichever was later.
- C. For an application for development, amended application for development, resubmitted application for development, application submitted as part of a bifurcated development proposal, or other application to the Planning Board that is not certified complete by the Planning Board but rather is deemed complete due to Planning Board inaction by operation of N.J.S.A. 40:55D-10.3, the date of submission shall be deemed to be the date that the Planning Board Secretary received for filing the last of the application forms, documents, plans, materials, information, payments, and/or deposits that were filed by the applicant in connection with the application for development, amended application for development, resubmitted application for development, application submitted as part of a bifurcated development proposal, or other application, or the date that the Board granted the last of any requested submission waivers, whichever was later.
- DENSITY, GROSS
- The number of dwelling units per acre of gross area of a site.
- DESIGNATED CENTER
- A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.[Added 10-5-2006 by Ord. No. 06-11]
- DESIGN ENGINEER
- A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.[Added 10-5-2006 by Ord. No. 06-11]
- 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 structure, any mining
excavation or landfill, any forestry or logging activities, and any
use or change in the use of any building or other structure, or land
or extension of use of land, by any person, for which permission is
required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural lands, development means
any activity that requires a state permit; any activity reviewed by
the County Agricultural Board (CAB) and/or the State Agricultural
Development Committee (SADC); and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq. [Amended 10-5-2006 by Ord. No. 06-11]
- DEVELOPMENT EASEMENT
- An interest in land, less than fee simple absolute title
thereto, that has been granted to the State of New Jersey, the County
of Salem, the Township of Mannington, or any other department, agency
or public or private entity authorized by law to serve as such grantee
pursuant to a farmland preservation program as defined below, which
enables the grantee to develop the land for any nonagricultural purpose
as determined by and pursuant to the provisions of the Agriculture
Retention and Development Act (N.J.S.A. 4:1C-11, et seq.), the Garden
State Preservation Trust Act (N.J.S.A. 13:8C-1, et seq.), or as authorized
by a farmland preservation program established by any other law enacted
subsequent to August 31, 1981 [the effective date of the Farmland
Preservation Bond Act of 1981 (P.L.1981, c. 276)], and any relevant
rules or regulations promulgated pursuant to such acts or other laws.[Added 11-1-2007 by Ord. No. 07-14]
- DRAINAGE AREA
- A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.[Added 10-5-2006 by Ord. No. 06-11]
- DRAINAGE EASEMENT
- A limited property right assigned by deed or other legal means permitting the use of a specified area for the installation and maintenance of stormwater sewers or drainage ditches, or the restriction of areas 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.
- A building designed or used primarily for family residence. The word "dwelling" shall not include boarding or rooming houses, hotels, motels or other structures designed or used for transient purposes.
- DWELLING, MULTIPLE-FAMILY
- A building containing two or more dwelling units in accordance with the provisions of this chapter.
- DWELLING, SINGLE-FAMILY
- A detached building or manufactured home used for one dwelling
unit only, provided that the building or manufactured home is not
less than 22 feet wide, is on land the title to which is held by the
building owner or manufactured home owner, and is located on permanent
foundations. The word "dwelling" shall not include boarding or rooming
houses, hotels, motels or other structures designed or used for transient
purposes.[Amended 9-4-1986 by Ord. No. 86-6]
- EARTH EXTRACTION
- The removal of sand, topsoil, gravel, fill dirt, or mineral or clay products for sale or use at another location, but not including agricultural soil conservation works, excavations incidental to agricultural operations or the process of grading as part of site preparation.
- ENVIRONMENTALLY CONSTRAINED AREAS
- Areas where the physical alteration of the land is in some
way restricted, either through regulation, easement, deed restriction
or ownership, such as but not limited to wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the NJDEP’s Landscape Project as approved by the NJDEP’s
Endangered and Nongame Species Program. [Added 10-5-2006 by Ord. No. 06-11]
- ENVIRONMENTALLY CRITICAL AREA
- An area or feature which is of significant environmental
value, including, but not limited to, stream corridors; natural heritage
priority sites; habitats of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP’s Landscape
Project as approved by the NJDEP’s Endangered and Nongame Species
Program.[Added 10-5-2006 by Ord. No. 06-11]
- The detachment and movement of soil or rock fragments by water, ice, and gravity.
- ESSENTIAL SERVICE
- Structures and physical improvements, whether publicly or
privately owned, necessary to permit the orderly development of an
area, including such facilities as streets, water, sewerage, gas,
telephone and electric lines; supporting structures such as manholes,
catch basins, pumping stations, solid waste collection stations, transformer
stations and utility poles; but not including generating or storage
plants, processing stations, maintenance yards or administration headquarter
facilities, sanitary landfills, and waste disposal facilities.[Amended 12-29-1980 by Ord. No. O-15-19-80; 6-7-1984 by Ord. No. 84-3]
- EXCEPTION AREA
- See "severable exception area," "single-lot severed exception
area," and "nonseverable exception area."[Added 11-1-2007 by Ord. No. 07-14]
- Any number of persons living together in a single-dwelling unit but not including more than six persons unrelated by blood, marriage or adoption.
- FARMLAND PRESERVATION PROGRAM
- Any program, as developed pursuant to the Agricultural Retention
and Development Act (N.J.S.A. 4:1C-11, et seq.), the Garden State
Preservation Trust Act (N.J.S.A. 13:8C-1, et seq.), or as authorized
by a farmland preservation program established by any other law enacted
subsequent to August 31, 1981 [the effective date of the Farmland
Preservation Bond Act of 1981 (P.L.1981, c. 276)], and any relevant
rules or regulations promulgated pursuant to such acts or other laws,
and which has as its principal purpose the long-term preservation
of significant masses of reasonably contiguous agricultural land within
the agricultural development areas adopted pursuant to such acts or
other laws, and the maintenance and support of increased agricultural
production as the first priority use of that land for which a development
easement has been acquired or retained for farmland preservation purposes,
and which land is subject to a development easement and therefore
eligible for the benefits of the farmland preservation program.[Added 11-1-2007 by Ord. No. 07-14]
- FARM MANAGEMENT UNIT
- A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.[Added 5-6-2010 by Ord. No. 10-03]
- FARM MARKET
- A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area shall be devoted to the sale of
the agricultural output of the commercial farm, and except that if
a retail farm market is located on land less than five acres in area.
The land on which the farm market is located shall produce annually
agricultural or horticultural products worth at least $2,500.[Added 5-6-2010 by Ord. No. 10-03]
- FENCE or WALL
- A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties, or between the street or public right-of-way and a property.
- FINAL APPROVAL
- The official action of the Planning/Zoning 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 area inundated by NJDEP’s regulatory flood including
the watercourse that creates it. NJDEP’s regulatory flood means
NJDEP’s flood hazard area design flood along streams for which
NJDEP has an adopted flood hazard area and floodway study, and the
one-hundred-year flood along nondelineated streams for which NJDEP
has not delineated a flood hazard area. [Amended 10-5-2006 by Ord. No. 06-11]
- The channel of a natural stream and portions of the floodplain adjoining the channel which are required to carry and discharge the floodwater or flood flow of any stream. Unless delineated under P.L. 1972, c. 185, the floodway is defined as the portion of the floodplain lying within 50 feet of the adjacent channel edge of a natural stream, or within 25 feet from the edge of a lake or center line of any watercourse other than a natural stream.
- FLOOR AREA, GROSS
- The sum of the horizontal areas of the several floors of a building, excluding basement space, but including the area of permanently roofed porches and terraces. All dimensions shall be measured from the outside face of exterior walls or from the center line of a party or common wall.
- FLOOR AREA, GROSS HABITABLE
- The portion of gross floor area assigned for human habitation and fully enclosed by the inside surfaces of walls, windows, doors and partitions, having a head room of at least six feet, six inches and including living, eating, cooking and other household space but excluding garages, carports, porches, basements and unheated sheds. Attics or portions thereof may be considered habitable floor area, provided that they are fully furnished and meet the proper height requirements.
- A freestanding or attached building or an area included in the principle building for utilization in the storage and maintenance of one or more motor vehicles.
- GARDEN APARTMENT
- A multiple family dwelling structure not more than two rooms in depth, or 2 1/2 stories in height, designed as part of a residential project under single management, providing joint or common use of open areas by occupants, whether for recreation, parking or other purposes.
- GASOLINE SERVICE STATION
- Any area of land, including the structure thereon, used for the retail sale of petroleum products or sale of motor vehicle accessories and services.
- GENERAL PURPOSE AGRICULTURE
- Any parcel of land that is used for the raising of agricultural or horticultural products, livestock, poultry and their resultant products, but excluding, uses defined as intensive fowl or swine farms by this chapter.
- GOLF COURSE
- A tract of 75 acres or more containing a full-size, professional golf course at least 18 holes in length, together with appropriate accessory uses and structures such as clubhouses, restaurants, driving ranges and putting areas, providing the operation of such are incidental to the golf course operation.
- HAZARDOUS WASTE
- Any waste or combination of wastes which pose a present or
potential threat to human health, living organisms or the environment
including, but not limited to, waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive
or flammable, and any wastes so designated by the Occupational Safety
and Health Administration, the United States Department of Transportation,
and the United States Environmental Protection Agency.[Added 12-29-1980 by Ord. No. O-12-19-80]
- HAZARDOUS WASTE FACILITY
- Any area, plant, or other facility used for the treatment,
storage or disposal of hazardous waste, including loading and transportation
facilities or equipment used in connection with the processing of
hazardous wastes.[Added 12-29-1980 by Ord. No. O-12-19-80]
- HISTORIC SITE
- Any real property, man-made structure, natural object or
any portion or ground of the foregoing of historical, archeological,
cultural, scenic or architectural significance. This includes any
of the foregoing listed in the Township Master Plan, Environmental
Resource Inventory, or any federal, state or local designations.[Amended 12-22-2008 by Ord. No. 08-13]
- HOME OCCUPATION
- An occupation or profession which is clearly incidental to the use of the lot and dwelling for residential purposes and which complies with the standards and requirements of Part 3, Zoning, of this chapter.
- IMPERVIOUS MATERIALS
- Materials that do not permit the natural absorption and permeation of soils by rain or other surface water including, but not limited to, concrete, asphalt, chemical treatment of soils or artificial ground covering.
- IMPERVIOUS MATERIALS COVERAGE
- That percentage of a lot or site covered by impervious materials which shall include facilities such as swimming pools, tennis courts and other recreational courts, as well as roads, walkways, patios, driveways, and parking areas to the extent that they are impervious.
- IMPERVIOUS SURFACE
- A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.[Added 10-5-2006 by Ord. No. 06-11]
- The process by which water seeps into the soil from precipitation.[Added 10-5-2006 by Ord. No. 06-11]
- INTENSIVE FOWL OR LIVESTOCK FARM[Amended 6-7-1984 by Ord. No. 84-3]
- Any farm shall be considered as an intensive fowl or livestock farm if it meets any one of the following standards:
- The use of more than 1,000 square feet in the case of an agricultural parcel, or more than 200 square feet of the area of any other lot for the storage, keeping, processing or abandonment of wastepaper, rags, scrap metal, or other discarded material, or for the dismantling, demolition or abandonment of automobiles or other vehicles, machinery or parts thereof.
- Any building or land parcel used for the commercial keeping of dogs and/or other household pets. The keeping of more than five such adult animals on any one property shall be deemed to constitute a kennel.
- LAND MINING
- Defined the same as earth excavation under this chapter.
- LOADING SPACE
- An off-street space not less than 12 feet in width, 60 feet in length, and with 15 feet of vertical clearance available for the loading or unloading of trucks.
- A designated parcel, tract or area of land established by a plat, or otherwise as permitted by law, to be used, developed or built upon as a unit.
- LOT AREA
- The area contained within the lot lines of an existing or
proposed lot, excluding areas within any existing, proposed or required
right-of-way lines, or road, sight triangle, utility, or conservation
easements; or within any wetlands, wetlands transition areas, floodplains,
or other environmentally constrained or environmentally critical areas.[Amended 12-22-2008 by Ord. No. 08-13]
- LOT, CORNER
- A lot on the junction of two or more intersecting streets where the interior angles of intersection do not exceed 135°. Each corner lot shall have two front yards, one side yard, and one rear yard.
- LOT DEPTH
- The mean horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.
- LOT FRONTAGE
- The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street line shall not be less than 75% of the required lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage. (See diagram below.)
- LOT LINE, FRONT
- The right-of-way of the street or road on which the lot fronts or abuts.
- LOT LINE, REAR
- A lot line other than a street line which is the lot line most distant from the street.
- LOT LINE, SIDE
- Any lot line other than a front or rear lot line.
- LOT WIDTH
- The horizontal distance between side lot lines measured at the building setback line.
- MAINTENANCE GUARANTY
- Any security, other than cash, which may be accepted by the municipality for the maintenance of any improvements pursuant to the provisions of this chapter.
- MAJOR DEVELOPMENT
- Any development (as defined herein) that provides for ultimately
disturbing one or more acres of land or increasing impervious surface
by 1/4 acre or more. Projects undertaken by any government agency
which meet the definition of major development, but which do not require
approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.,
are also considered major development.[Added 10-5-2006 by Ord. No. 06-11]
- MAJOR SUBDIVISION
- Any division of land not classified as a minor subdivision.
- MANUFACTURED HOME
- A unit of housing which:[Added 10-2-1986 by Ord. No. 86-6]
- A. Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;
- B. Is built on a permanent chassis;
- C. Is designed to be used, when connected to utilities, as a dwelling on permanent foundation; and
- D. Is manufactured in accordance with the standards promulgated for a manufactured home by the Secretary of the United States Department of Housing and Urban Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, P.L. 93-383 (42 U.S.C. § 5401, et seq.) and the standards promulgated for a manufactured or mobile home by the Commissioner of the Department of Community Affairs pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
- MASTER PLAN
- A composite of the mapped and written proposals recommending the physical development growth policy of the municipality which have been duly adopted by the Planning/Zoning Board.
- MIGRANT LABOR HOUSING
- Any farm building other than a principal dwelling, which complies with state migrant housing laws and this chapter, used for temporary residence by farm laborers during the growing season.
- MINOR SUBDIVISION
- A subdivision of land that does not involve the creation
of more than two lots, in addition to any one retained parcel; planned
development; any new street; or the extension of any off-tract improvements.
In counting lots to determine whether or not a proposed subdivision
is a minor subdivision, the following lots shall be counted:[Amended 12-5-1996 by Ord. No. 96-06]
- A. All lots to be created by the proposed subdivision;
- B. All lot(s) in excess of the one that is to be retained by the subdivider;
- C. No lots shall be counted twice and in case of resubdivision, any lot eliminated or replaced shall be deducted; and
- D. All lots created by prior subdivisions out of the original parcel of contiguous land under common ownership as it existed on December 31, 1959.
- The New Jersey Department of Environmental Protection.[Added 10-5-2006 by Ord. No. 06-11]
- An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form. [Added 10-5-2006 by Ord. No. 06-11]
- NONCONFORMING LOT, STRUCTURE, OR USE
- A lot of which the area, dimension, or location; or a structure of which the size, dimension or lot location; or an activity of use upon a lot or within a structure 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 reasons of such adoption, revision or amendment.
- NONSEVERABLE EXCEPTION AREA
- Land that is excepted from a development easement, conservation
easement, conservation restriction, or from an area that has been
permanently preserved as open space, but which may not be severed
or subdivided from the land that is subject to the development easement,
conservation easement, or conservation restriction, or from the land
that has been permanently preserved as open space.[Added 11-1-2007 by Ord. No. 07-14]
- A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.[Added 10-5-2006 by Ord. No. 06-11]
- 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 located on a contiguous portion of a street or right-of-way.
- 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.
- 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
- Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining such open space, and provided that improvements shall be limited to those buildings, structures, streets, off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
- PARKING, OFF-STREET
- A space off the street right-of-way, which exclusive of driveways and aisles giving access thereto, is not less than 10 feet wide and 20 feet long if in an enclosed garage, or not less than 8 1/2 feet wide by 19 feet long if in the open, and which is available and accessible for the parking of a motor vehicle.
- PERFORMANCE GUARANTY
- Any security which may be accepted by the municipality pursuant to this chapter, and provided that not more than 10% of the total performance guaranty shall be required in cash.
- PERMITTED USE
- Any use of land or buildings as permitted by this chapter.
- Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.[Added 10-5-2006 by Ord. No. 06-11]
- PICK-YOUR-OWN OPERATION
- A direct-marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.[Added 5-6-2010 by Ord. No. 10-03]
- B. 3, Zoning, of 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 meeting the other standards specified in this chapter.
- C. 3, Zoning, of 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 uses as may be permitted by this chapter.
- PLANNING/ZONING BOARD
- The established Planning/Zoning Board of the Township of
Mannington which also has the powers and duties of the Zoning Board
of Adjustment.[Amended 7-31-2000 by Ord. No. 00-03]
- A map or maps of a subdivision or site plan which is used interchangeably with "plan" in this chapter.
- Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, cellar dirt, industrial, municipal, agricultural, and construction
waste or runoff, or other residue discharged directly or indirectly
to the land, groundwaters or surface waters of the state, or to a
domestic treatment works. “Pollutant” includes both hazardous
and nonhazardous pollutants.[Added 10-5-2006 by Ord. No. 06-11]
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to the provisions of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the approving authority and the applicant.
- PRINCIPAL USE
- The main purpose for which a lot or building is used.
- The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.[Added 10-5-2006 by Ord. No. 06-11]
- Any establishment, however designed, at which food is sold for consumption on the premises. However, a snack bar or a refreshment stand at a public or community swimming pool, playground, playfield or park, operated solely by the agency or group operating recreational facilities and for the convenience of the patrons shall not be deemed to be a restaurant. Restaurant does not include takeout or drive-in establishments which permit the consumption of food within motor vehicles.
- Either the further division or relocation of lot lines of any lots within a subdivision previously made and approved or recorded according to law, or the alteration of any street 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. The description of a subdivision as a "resubdivision" shall be determined on the basis of the tract or parcel of land affected without regard to any change in ownership.
- RESUBMITTED APPLICATION FOR DEVELOPMENT
- An application for development, amended application for development, application submitted as part of a bifurcated development proposal, prior resubmitted application for development, or other application to the Planning Board that was previously withdrawn by the applicant or denied by the Planning Board without prejudice, and which is thereafter submitted again in its identical form to the Planning Board by the same applicant. A resubmitted application for development shall constitute and be processed and reviewed by the Planning Board as a new application. A resubmitted application for development shall be subject to the application fee and escrow deposit requirements for resubmission or revision of a development plan or application per the fee schedule established in Mannington Township Code § 46-5, provided that if the Planning Board determines that the date of submission of a "resubmitted application for development" is on or before the 30th day following the date of the Planning
Board Secretary's receipt of the applicant's notice of withdrawal
of the prior application, or on or before the 30th day following the Planning Board's adoption of its resolution denying the prior application without prejudice, then the Planning Board shall, at the applicant's request, waive the application fee for the resubmitted application for development on the condition that the applicant's review escrow must be replenished within a Board-specified deadline in an amount sufficient to reimburse the Township for all professional fees relating to the prior application and to restore the review escrow to its initially required amount. A resubmitted application for development is not an amended application for development as defined in this Chapter 70. An application that has been denied with prejudice may not be resubmitted.[Added 4-7-2011 by Ord. No. 11-02]
- REVERSE FRONTAGE
- The provision in the design of a land development allowing for lots adjacent to an abutting existing road to front on an internal street, without any direct access from the adjacent lots to the existing road. (See Plate 5 in at the end of this chapter.)
- RIGHT-OF-WAY LINES
- The boundary lines of land used or intended for use as streets and utilities and from which setbacks or front yard depths and lot depths shall be measured. Where existing records are vague or show a lesser dimension, they shall be considered to be not less than 50 feet apart, 25 feet from the center line thereof.
- SANITARY LANDFILL
- The land disposal site employing an engineered method of
disposal of solid waste other than hazardous waste, in a manner that
minimized environmental hazards, including but not limited to the
spreading of the solid waste in thin layers, compacting the waste
to the smallest practical volume, and applying cover material on a
daily or more frequent basis. The term "sanitary landfill" as used
in this chapter, however, shall not include a hazardous waste facility
of any kind nor shall hazardous waste of any kind be treated, stored
or disposed of at a sanitary landfill.[Added 12-29-1980 by Ord. No. O-12-19-80]
- Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.[Added 10-5-2006 by Ord. No. 06-11]
- SEVERABLE EXCEPTION AREA
- Land that is excepted from a development easement, conservation
easement, conservation restriction, or from an area that has been
permanently preserved as open space, and which may be severed or subdivided
from the land that is subject to the development easement, conservation
easement, or conservation restriction, or from the land that has been
permanently preserved as open space.[Added 11-1-2007 by Ord. No. 07-14]
- SHOPPING CENTER
- A group of commercial establishments built on one tract that is planned and developed as an operating unit; it provides on-site parking in definite relationship to the type and total size of the stores. The commercial establishments may be located in one or several buildings, attached or separated.
- SIGHT-TRIANGLE EASEMENT
- A triangular-shaped area at the intersection of two roads established in accordance with the requirements of this chapter in which visual obstructions are not permitted in order to promote traffic safety. (see plates 8 - 10 at the end of this chapter.)
- Any building or structure or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia used to identify, advertise or promote the interest of any person, business, or produce when the same is placed in view of the general public.
- SINGLE-LOT SEVERED EXCEPTION AREA
- A severable exception area that is severed or subdivided
in its entirety from land that is subject to the development easement,
conservation easement, or conservation restriction, or from the land
that has been permanently preserved as open space, and which constitutes
a single separate lot that will not be further subdivided.[Added 11-1-2007 by Ord. No. 07-14]
- The lot or lots upon which a development is to occur or has
occurred.[Added 10-5-2006 by Ord. No. 06-11]
- 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 and screening devices; and any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.
- SOLID WASTE
- Garbage, refuse and other discarded materials resulting from
industrial, commercial and agricultural operations, and from domestic
and community activities, and shall include all other waste materials,
including liquids disposed of incidental thereto except, it shall
not include solid animal and vegetable wastes collected by swine producers,
licensed by the State Department of Agriculture to collect, prepare
and feed such wastes to swine on their own farms.[Added 12-29-1980 by Ord. No. O-12-19-80]
- Water resulting from precipitation (including rain and snow)
that runs off the land’s surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.[Added 10-5-2006 by Ord. No. 06-11]
- STORMWATER MANAGEMENT BASIN
- An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).[Added 10-5-2006 by Ord. No. 06-11]
- STORMWATER MANAGEMENT MEASURE
- Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.[Added 10-5-2006 by Ord. No. 06-11]
- STORMWATER MANAGEMENT ORDINANCE
- Part 6 of the Township of Mannington, Code.[Added 10-5-2006 by Ord. No. 06-11]
- STORMWATER RUNOFF
- The water flow on the surface of the ground or in storm sewers
that results from precipitation.[Added 10-5-2006 by Ord. No. 06-11]
- That portion of a building included between the surface of any floor and the ceiling above it, provided that there is a clear headroom of six feet six inches or more.
- Any street, avenue, boulevard, road, parkway, drive, or other way which is an existing state, county or municipal roadway; is shown on a plat heretofore approved pursuant to law; is approved by official action as provided by N.J.S.A. 40:55D-1 et seq.; or is shown on a plat duly filed and recorded in the office of the County Clerk, prior to the appointment of the Planning/Zoning Board and the grant to the Board of the power to review plats. The term "street" includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. Streets and roads in the Township are classified according to their function as follows:
- STREET LINE
- The right-of-way line of a street, road, or other public right-of-way used or intended for use by vehicular traffic.
- A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land. "Structure" shall include but not be limited
to a container, box, trailer or truck body, movable or otherwise,
in excess of 800 cubic feet in volume that is placed or parked on
a lot, except that a trailer, or truck body on a truck, that has current
motor vehicle registration and tags shall not be considered a structure
unless it remains on the same spot for more than 150 consecutive days.[Amended 8-2-1993 by Ord. No. 93-3]
- A. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
- (1) Divisions of land found by the Planning/Zoning Board or Subdivision Committee thereof, appointed by the Chair to be for agricultural purposes where all resulting parcels are five acres or larger in size;
- (2) Division of property by testamentary or intestate provisions;
- (3) Divisions of property upon court order, including but not limited to, judgments of foreclosure;
- (4) Consolidation of existing lots by deed or other recorded instrument;
- (5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality; and
- (6) Division of property for transfer to an adjoining lot, tract, or parcel that does not then conform with applicable zoning area or yard requirements for the purpose of enabling said adjoining lot, tract, or parcel to conform with said zoning area or yard requirements, provided that the area of the transferred parcel is not larger than is reasonably necessary to enable said adjoining lot, tract, or parcel to so conform, and further provided that the lot, tract, or parcel of the transferor does not thereby become a nonconforming lot, tract, or parcel under applicable zoning requirements.
- B. The term "subdivision" shall also include the term "resubdivision."
- SUBMISSION DATE
- See "date of submission."[Added 4-7-2011 by Ord. No. 11-02]
- SWIMMING CLUB
- A public or privately owned pool open to the public on an annual membership basis, having dressing rooms, off-street parking and other appropriate accessory facilities.
- SWIMMING POOL, PRIVATE
- A noncommercial, privately owned pool constituting an accessory use to a residential unit or units and located on the same lot therewith. A wading pool with a depth of less than 18 inches and portable swimming devices located above ground level, with an area of less than 125 square feet and a water depth of less than three feet, temporary in character and constructed of material other than concrete or masonry shall not be deemed a swimming pool.
- TIME OF CONCENTRATION
- The time required for runoff to travel from the hydraulically
most distant point of the watershed to the point of interest within
a watershed.[Added 10-5-2006 by Ord. No. 06-11]
- A single-family, two-story dwelling unit with two vertical party walls shared with adjacent dwelling units; having direct access to the outside; provided with on-site vehicular access or parking, or designed as part of a residential cluster with shared access and parking; and so laid out that each unit is susceptible to sale on an individual lot.
- The Township of Mannington, Salem County, New Jersey.
- Permission to depart from the literal requirements of Part 3, Zoning, of this chapter or other development regulations specified in this chapter pursuant to N.J.S.A. 40:55D-1 et seq.
- Any land area or use either naturally formed or artificially designed for the storage, passage, retention or flow of water, including but not limited to the following: lake, pond, canal, ditch, stream or swale.
- WATERS OF THE STATE
- The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.[Added 10-5-2006 by Ord. No. 06-11]
- WETLANDS or WETLAND
- An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.[Added 10-5-2006 by Ord. No. 06-11]
- An open space on the same lot with the principal building, unobstructed by buildings or structures from the ground to the sky, except by fences, walls, poles and posts, or except as otherwise provided in this chapter.
- YARD, FRONT
- The yard extending across the entire width of the lot between the street right-of-way line and the nearest part of the principal building. The setback line shall be synonymous with the rear most limit of the required front yard area.
- YARD, REAR
- A yard extending across the rear of the lot between the inner side yard lines. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum depth required by district regulations with the setback line parallel to the rear lot line.
- YARD SIDE
- A yard extending along the side lot line from the front yard to the rear lot line. In the case of corner lots there shall be only one side yard, adjacent to the interior lot line. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with the setback line parallel to the side lot line.