A.
Any word or term not defined shall be used with a
meaning of standard usage for the context in which it is used.
B.
ACCESSORY USE OR BUILDING
ADMINISTRATIVE OFFICER
ADULT BOOKSTORE
ADVERSE EFFECT
AFFORDABLE HOUSING
APPROVING AUTHORITY
ASSISTED LIVING RESIDENCE
ATTACHED
BASEMENT
BILLBOARD
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LINE
CARTWAY
CELLAR
CHILD-CARE CENTER
CLUSTER DEVELOPMENT
COMMON PROPERTY
COMPLETE APPLICATION
DAY-CARE CENTER
DENSITY
DEVELOPMENT
DISTILLERY
DUPLEX
DWELLING, APARTMENT
DWELLING, MULTIFAMILY
DWELLING, SEMIDETACHED SINGLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE
DWELLING UNIT
ECONOMIC DEVELOPMENT COMMITTEE
ELECTRIC DISTRIBUTION LINES
ELECTRIC TRANSMISSION LINE
FAMILY
FAMILY DAY-CARE HOME
FLEX SPACE
FLOOD-FRINGE
FLOOD HAZARD AREA
FLOODPLAIN
FLOODWAY
FLOOR AREA
(1)
(2)
FLOOR AREA RATIO (FAR)
FRESHWATER WETLAND
GARDEN APARTMENT
HOMEOWNERS' ASSOCIATION
(1)
(2)
(3)
(4)
HOTEL
IMPERVIOUS COVERAGE
INCLUSIONARY DEVELOPMENT
JUNKYARD
LOADING SPACE
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT LINE
LOT, REVERSE FRONTAGE
LOT SIZE AVERAGING
LOT WIDTH
LOWER INCOME
MAJOR DEVELOPMENT
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
MICROBREWERY
MOTEL
NANOBREWERIES
NURSERY
NURSERY SCHOOL
OFFICE
OFF-SITE AND OFF-TRACT IMPROVEMENTS
PARKING SPACE
PERFORMING ARTS CENTER
PINELANDS
PLACE(S) OF WORSHIP
PLAT, FINAL
PLAT, INFORMAL OR CONCEPTUAL
PLAT, PRELIMINARY
PORCH
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE SCHOOL
PROFESSIONAL OFFICE
PUBLIC PURPOSE OR USE
RECREATIONAL VEHICLE
RETAIL WAREHOUSE
RIGHT-OF-WAY
SELF-STORAGE FACILITIES
SERVICE STATION
SETBACK LINE
SHOPPING CENTER
SIGHT TRIANGLE
SIGN
SITE PLAN, EXEMPT
SITE PLAN, MAJOR
SITE PLAN, MINOR
SITE PLAN REVIEW ADVISORY BOARD
STORY
STREET LINE
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SWIMMING POOL
TOWNHOUSE
TRACT
USE
UTILITY
WAREHOUSE
WETLANDS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Any words and phrases defined in the Municipal Land
Use Law that are not included below shall have the same definition
as set forth in the Municipal Land Use Law. Other words and phrases
shall be as set forth below with the singular including the plural
and vice versa:
A subordinate use or building, the purpose of which is customarily
incidental to that of a main use or building located on the same lot.
The Planning Board Clerk shall serve as the administrative
officer for the activities required under the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.).
A retail establishment which sells or distributes such items
as, but not limited to, books, printed materials, movies, filmstrips,
paraphernalia and related items which, by applying contemporary standards,
have as a dominant theme or purpose an appeal to prurient interests.
Development features creating or exacerbating unsafe, unsatisfactory
or noncomplying conditions such as inconsistency with the zoning regulations;
insufficient street width; unsuitable street grade or street location;
inconvenient street system; inadequate utilities such as water, drainage
and sewerage; unsuitable size, shape and location of any area reserved
for public use or common open space; infringement upon wetlands, wetland
buffers or areas subject to flooding; or conditions leading to soil
erosion by wind or water from excavation or grading, all as set forth
in N.J.S.A. 40:55D-38 and measured against the standards of this chapter.
A dwelling unit deed restricted to persons of low- and moderate-income
as defined by N.J.A.C. 5:80-26.1 et seq. and eligible for credit pursuant
to N.J.A.C. 5:97-1 et seq., as such definitions may be amended or
superseded pursuant to law.
[Added 3-5-2012 by Ord. No. 2012-04]
The Planning Board of the Borough of Berlin.
An apartment-style building containing at least 75 independent
apartment units with a private bath and kitchenette in each unit together
with such common elements in the building as a dining room, social
rooms, lobby and similar functions. An assisted living residence shall
obtain all licenses required by the State of New Jersey and shall
include facilities required of the state such as but not limited to
nursing care, medical office, pharmacy, social and recreation programs,
transportation services, housekeeping services and laundry facilities
and services and shall require a minimum age of 62 years for each
resident.
Buildings and structures that are either physically attached
or, if not physically attached, separated by no more than four inches.
A story partly underground and having more than 1/2 of its
height above ground.
An off-site, lettered or pictorial advertising sign.
The area of a lot covered by buildings measured on a horizontal
plane around the periphery of the foundation(s) and including the
area under a roof as measured around the extremities of the roof.
The vertical distance measured to the highest point of the
building from the finished grade along the front of the building.
Chimney, mechanical and utility equipment, and place of worship spires
shall not be included.
[Amended 12-14-2017 by Ord. No. 2017-15]
A vertical plane coinciding with the farthest projection
of the exterior surface of each side of a building, including cantilevered
section(s). All setbacks and yards shall be measured to the building
line.
The paved or traveled portion of a street. Where there are
curbs, the cartway is that portion between the curbs.
That portion of a building having 1/2 or more of its height
below ground.
A facility for the care, development or supervision of six
or more children under six years of age who attend the facility for
less than 24 hours a day. The facility, where permitted, shall be
licensed by the State Department of Human Services, Division of Youth
and Family Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1
et seq.).
A planned residential development where the developed portions
of the tract have higher densities with other portions of the tract
left undeveloped so the average density of the tract is not exceeded.
Land or water, or a combination of each, together with improvements,
either in or related to a development, that are designed and intended
for the use or enjoyment of residents and owners of the development.
Common property includes common open space and may contain such complementary
structures and improvements as necessary and appropriate for the use
or enjoyment of residents and owners of the development.
The submission to the approving authority of an application
form and checklist completed by the applicant, all plans and documents
as required by this chapter and all fees, taxes and escrow payments
paid.
A facility for the care, development or supervision of six
or more children under the age of 18 years who attend the facility
for less than 24 hours a day. The facility shall be licensed by the
State Department of Human Services, Division of Youth and Family Services.
The permitted number of dwelling units per gross area of
land to be developed.
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
and N.J.S.A. 40:55D-1 et seq.
A place or establishment where distilling, especially the
distilling of liquors, is performed.
[Added 12-14-2017 by Ord.
No. 2017-15]
Two dwelling units attached side by side, each on a separate
lot, and sharing a common wall.
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
comprising three or more such units.
[Added 3-5-2012 by Ord. No. 2012-04]
A building or group of buildings such as townhouses and garden
apartments with dwelling units for three or more families.
A dwelling which is designed for, and occupied exclusively
as, the residence of one housekeeping unit and which is attached by
means of a common vertical wall to one other dwelling intended for
occupancy by one housekeeping unit.
[Added 12-27-2012 by Ord. No. 2012-20]
A detached building containing one dwelling unit.
A single-family attached dwelling in a row of three or more
such units separated from one another by an unbroken vertical wall
from ground to roof.
[Added 3-5-2012 by Ord. No. 2012-04]
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities designed or used as the living quarters
for one family.
A committee established by the Mayor and Borough Council
by Ordinance No. 97-3, as it may be amended or superseded, that is
empowered in addition to any other powers granted by ordinance to
provide advice and recommendations to the Planning Board on compliance
of development applications with the Central Business District design
standards but that has no power to vote or take any action that is
the purview of said Board as a whole.
[Added 10-4-2010 by Ord. No. 2010-12]
All electric lines other than electric transmission lines,
including distribution lines and service connections.
Electric lines which are part of an electric company's transmission
and subtransmission system which provide a direct connection between
a generating station or substation of a utility company and:
One or more persons living together in one dwelling unit
as a housekeeping unit on a fairly stable, rather than transient,
basis where the occupants share the ordinary tasks of living in a
dwelling unit, such as but not limited to cooking and eating together,
inside and outside chores and other functional duties and activities
akin to emulating family life.
A private residence registered pursuant to the Family Day
Care Provider Registration Act [P.L. 1987, c. 27 (N.J.S.A. 30:5B-16
et seq.)] where child care services are provided for a fee to not
less than three and no more than five children at any one time for
no less than 15 hours per week.
A building used for nonresidential purposes and designed
so the interior walls may be relocated to accommodate the different
and/or changing needs of the occupants.
That portion of the flood hazard area outside the floodway.
The floodway and flood-fringe areas as determined by the
New Jersey Department of Environmental Protection under Section 3
of the Flood Hazard Area Control Act (P.L. 1979, c. 359).
[1]The flood hazard areas of delineated streams as well as areas
inundated by the one-hundred-year flood in nondelineated areas.
The channel of a natural stream and portions of the flood
hazard area adjoining the channel which are reasonably required to
carry and discharge the floodwater or flood flow of any natural stream.
The total floor area measured by using the outside dimension
of the building at each story. The floor area of separate uses sharing
a common wall shall be measured from the center of interior walls
and the outside of exterior walls. The total floor area shall include
outside areas designed for such things as but not limited to restaurant
seating, sidewalk sales and stand-alone kiosks providing business
activities. Floor area shall not include:
Paved areas abutting buildings that are dedicated
as walkways or vehicular ways and not permitting outdoor activities
such as restaurant seating and sidewalk sales.
Attic areas where the area is unusable due to
trusses, insufficient floor joists, lack of access and similar structural
limitations.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
An area whose boundaries have been certified by the New Jersey
Department of Environmental Protection where the vegetation has typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic
vegetation."
A building containing three or more dwelling units that do
not meet the definition of a "townhouse."
An incorporated, nonprofit organization operating under recorded
land agreements through which:
Each lot owner, condominium owner, stockholder
under a cooperative development, or other owner of property or interests
in the project shall be a member.
Each occupied dwelling unit is subject to a
charge and obligated to pay for a proportionate share of the expenses
for the organization's activities and maintenance, including any maintenance
costs levied against the association by the Borough.
Each owner and tenant has a right to use any
common property.
The provisions of N.J.S.A. 40:55D-43 are met.
See "motel."
See "lot coverage."
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to,
new construction, the conversion of a nonresidential structure to
residential, and the creation of new affordable units through the
reconstruction of a vacant residential structure.
[Added 12-27-2012 by Ord. No. 2012-20]
Any area of land, with or without buildings, devoted to the
storage, keeping or abandonment of worn-out, cast-off or discarded
material or debris, whether or not it is in connection with the dismantling,
processing, salvage, sale or other use or disposition of any material
whatsoever.
An off-street berth on the same lot with a building or group
of buildings for the temporary parking of a vehicle while loading
or unloading.
The area contained within the lot lines but not including
any portion of a street, whether the street is a right-of-way or dedicated
easement. The minimum lot area of a lot fronting on a street proposed
to be widened in the adopted Master Plan shall be the minimum area
required for the district in which it is located, plus the additional
area needed to anticipate the widening of the street.
A lot having at least two adjacent sides fronting on intersecting
streets.
The area of a lot covered by buildings, structures, paved
surfaces and compacted stone. Paved surfaces include, but are not
limited to, sidewalks, patios and decks, whether constructed of blacktop,
compacted stone, flagstone, brick, concrete, wood or similar material,
but excluding the water surface of any swimming pool. For purposes
of this chapter, the water surface area of any swimming pool shall
not be counted as lot coverage.
The shortest, straight, horizontal distance between the front
lot line and the line drawn parallel to the front line through the
midpoint of the rear lot line.
The shortest, straight, horizontal distance between the side
lot lines measured between the two points where each side lot line
intersects the street right-of-way. The minimum lot frontage dimension
shall be the same as the lot width, except that on curved alignments
with an outside radius of less than 500 feet, the lot frontage may
be reduced to not be less than 75% of the required minimum. In the
case of a corner lot, either side may be considered the lot frontage,
but the front yard setback shall be met from all streets.
Any line forming a portion of the exterior boundary of a
lot. The lot line is the same as the street line for that portion
of a lot abutting a street. Lot lines extend vertically in both directions
from ground level.
A lot where the rear yard abuts the street line of a higher-order
street.
[Added 3-5-2012 by Ord. No. 2012-04]
A design technique where some lots are smaller and one or
more lots are larger, but the average lot size among all lots in the
development is equal to or greater than the minimum required for the
zoning district in which the property is located. The different lot
sizes may be used to provide a variety of lot sizes and/or create
smaller residential lots in order to produce one or more larger lots
for such purposes as recreation, school, open space, buffer or similar
purposes.
The shortest straight, horizontal distance measured between
and perpendicular to side lot lines. The minimum lot width shall be
met at the street line (except as permitted for lot frontage) and
at the minimum front yard setback, and be maintained throughout the
depth of the lot at least as far as necessary to meet the minimum
lot area.
A household with a gross aggregate family income less than
80% of the median gross household income for households of the same
size within the housing region in which the household is located,
based upon the United States Department of Housing and Urban Development's
(HUD's) Section 8 income limits (uncapped) averaged across counties
for the housing region; or, applying to housing affordable to such
household.
[Added 12-27-2012 by Ord. No. 2012-20]
In addition to the definition of "development" in the Municipal
Land Use Law (N.J.S.A. 40:55D-4), a major development is a subdivision
or site plan which satisfies either condition in Subsections (1) and
(2) of this definition below:
Any new or amended site plan or subdivision
plan meeting the definition of a "major subdivision" or "major site
plan" as set forth herein.
For stormwater management purposes, construction
of any one or more of the following uses:
Feeding and holding areas that provide for more
than 100 head of cattle or 15,000 hens, 500 swine, 4,000 turkeys,
10,000 ducks; this subsection shall also apply to all other equivalent
numbers of animal units as determined by the SCS Agricultural Waste
Management Field Manual for measuring BOD (biochemical oxygen demand)
producing potential.
Pipelines, storage or distribution systems for
petroleum products or chemicals.
Storage, distribution or treatment facilities
(excluding individual on-site sewage disposal systems) for liquid
waste.
Solid waste storage, disposition, incineration
or landfill.
Quarries, mines or borrow pits.
Land application of sludge or effluents.
Storage, distribution or treatment facilities
for radioactive waste.
A brewery that produces less than 15,000 barrels (hectoliters)
of beer per year with 75% or more of its beer sold off site. Microbreweries
may sell to the public by one or more of the following methods: traditional
three-tier system (brewery to wholesaler to retailer to consumer);
the two-tier system (brewer acting as wholesaler to retailer to consumer);
and directly to the consumer through carry-outs and/or on-site taproom
or restaurant sales.
[Added 12-14-2017 by Ord.
No. 2017-15]
A building designed and used exclusively to accommodate transient
guests for periods not to exceed 30 days. Each room shall contain
at least one bedroom, one bathroom and one closet. None of the rooms
or suite of rooms shall have either a separate kitchen or service
area providing a hot plate, or stove top, or microwave oven or other
cooking facilities.
Breweries that usually do not brew more than one batch at
a time and can sometimes be referred to as a "pico brewery," or "bucket
brewery," which distribute to a limited area and only make beer in
very small quantities.
[Added 12-14-2017 by Ord.
No. 2017-15]
A business which grows, stores for display and sells plant
material, landscaping and garden supplies.
A facility for the care, development and supervision of children
under the age of six years who attend the facility for less than 24
hours a day. The facility shall be licensed by the State Department
of Human Services, Division of Youth and Family Services.
A place for the transaction of business where reports are
prepared and records kept. An office, as a principal use, is deemed
to include banks and financial institutions, medical practices (but
not hospitals), and offices of other practitioners and businesses,
such as but not limited to lawyers, engineers, accountants, travel
agents, insurance and real estate. An office, as a principal use,
shall not include retail stores, warehouses and other commercial and
industrial uses having office space as accessory uses.
Improvements made outside the lot in question or outside
the original tract, respectively, to accommodate conditions generated
by a proposed development, including but not limited to new improvements
and extensions and modifications of existing improvements in accordance
with N.J.S.A. 40:55D-42.
An area located either within a structure or in the open
for the parking of a motor vehicle, which space shall not be blocked
by another parking space, such as but not limited to the space in
the driveway blocking the space in the garage. The minimum dimensions
required for a parking space shall be provided within the limits of
a rectangle, whether or not the parking space is perpendicular, parallel
or at an angle to the driveway or street providing access to the parking
space.
A public or private space used to create and present various
performing and visual arts. For the purposes of this definition, a
performing arts center shall also include educational and training
uses associated with the various performing and visual arts.
[Added 12-14-2017 by Ord.
No. 2017-15]
For the definition of "Pinelands" and those terms specifically applicable to the Pinelands, see the special definitions in Subsection C below.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, "place of worship" shall include, but is not limited
to, churches, chapels, congregations, cathedrals, synagogues, temples,
as well as parish houses, convents and such accessory uses.
[Added 12-14-2017 by Ord.
No. 2017-15]
The plat of all or a portion of the development submitted
for final approval.
The plat submitted for purposes of classification and discussion.
An accessory area, with or without a roof, attached to the
outside of a building which is generally open and not enclosed, except
for screening.
The main building(s) on a lot in which the principal use
is conducted.
The main purpose for which any lot and/or building is used.
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education.
The office of a member of a recognized profession that requires
at least a bachelor's degree from an accredited college or university,
training and experience as a condition for the practice thereof and
a license issued by the State of New Jersey. The issuance of a state
or local license for regulation of any occupation shall not alone
be deemed indicative of professional standing.
The use of property by a municipal, county, state or federal
government.
A vehicle-type, portable structure without a permanent foundation
that can be towed, hauled or driven and is primarily designed for
recreational, camping and/or travel use, including some which are
used for temporary living accommodations and including but not limited
to travel trailers, truck campers, camping trailers, self-propelled
motor homes, boats and various vehicles usually transported on trailers,
such as but not limited to snowmobiles, jet skis and all terrain vehicles.
A commercial use combining retail and warehouse functions
by stocking a large inventory of goods using stack-storage techniques
in areas accessible to patrons for the purpose of selling the goods
at retail or wholesale prices.
The total width and length of the course of a street, crossroad,
railroad, watercourse, utility alignment or other way and within which
all improvements and rights of access are confined.
A structure or group of structures consisting of separate
storage spaces rented or leased on an individual basis for the storage
of business records, household goods, furniture, recreation equipment
and similar items.
[Added 12-18-2002 by Ord. No. 2002:18; 5-28-2003 by Ord. No. 2003:10]
A lot used for the retail sale of gasoline, oil or other
products or services necessary for the maintenance and operation of
motor vehicles and may or may not include servicing and minor repairs
of motor vehicles, but where no vehicular painting and/or bodywork
is done and where no junked or unregistered vehicles are kept or stored.
Service stations include specialty businesses such as shops for transmissions,
brakes, tuneups, tire sales, wheel alignments, mufflers and oil/fluid
changes.
A line drawn parallel to a street line or lot line or limit
of an environmental condition (see "yard" definitions) and drawn to
the closest point of the building line nearest to such line or limit
beyond which a building does not project. The minimum yard requirements
shall be the minimum required setbacks. All setbacks from streets
shall be measured to the proposed right-of-way width as shown on the
adopted Master Plan. Where the right-of-way of any street is coterminous
with the curbline or edge of pavement or, if there is less than 10
feet of right-of-way outside the curbline or edge of pavement, the
minimum setback measured from the curbline or edge of pavement shall
be 10 feet more than the minimum setback shown in the applicable zoning
schedule.
One or more buildings or parts thereof designed as a unit
to be occupied by two or more businesses, or departments of the business,
operating as an integrated development, including but not limited
to parking, loading, access, lighting, landscaping, architectural
features and coordinated signage. Where there is more than one building
on a lot, the buildings shall be spaced as if the buildings were to
be on separate lots in order to establish conformance with this chapter
for such matters as building setbacks, buffers, driveway locations
and distances between buildings.
A triangular area outside the street right-of-way abutting
either two intersecting streets or a street and a driveway where an
unobstructed view along both vehicular ways is to be maintained.
Any announcement, declaration, demonstration, display, illumination,
insignia or visual communication used to advertise or promote the
interest of any person, product or service when placed in view of
the general public.
A site plan shall not be required for single-family and two-family
dwellings and their accessory buildings unless such dwellings involve
a home occupation.
[Amended 9-15-1997 by Ord. No. 97-16]
Site plans not defined as minor or exempt and including a
major development (see definition).
Site plans for a new building or a building alteration or
addition which involves fewer than five new parking spaces, fewer
than 500 feet additional square feet of floor area and/or fewer than
10% additional lot coverage; and which does not involve a planned
development, any new street or any off-tract improvement which is
to be prorated pursuant to N.J.S.A. 40:55D-42.
A subcommittee of the Planning Board as otherwise established
herein to provide advice and recommendations on development applications
but that has no power to vote or take any action that is the purview
of the Board as a whole.
[Added 10-4-2010 by Ord. No. 2010-12]
That portion of a building between a floor and the floor
or roof next above it. A cellar shall not be considered a story. A
half story is that top floor of a building which is under a sloped
or pitched roof where the roof creates a usable floor area beneath
the roof that is smaller than the area of the story below it.
The edge of the existing or future street right-of-way forming
the dividing line between the street and the lot.
Any subdivision not classified as a minor subdivision, and
including a major development (see definition).
A subdivision of land for the creation of not more than four
lots, including the remainder of the original lot, provided that such
subdivision does not involve a planned development, any new street
or the extension of any off-tract improvement, the cost of which is
to be prorated pursuant to N.J.S.A. 40:55D-42.
Facilities constructed or assembled above or below ground,
having a water depth of more than two feet and/or a surface of 60
square feet or more.
One dwelling unit in a line of three or more dwelling units
attached along a common side wall with each dwelling unit extending
from the ground to the roof, having individual outside access and
having no interior rooms or hallways shared with other dwelling units.
One or more lots. The land area of any existing streets or
existing easements for streets, or existing rights-of-way or easements
for utilities, shall not be included in calculating the area of the
tract.
See "principal use."
Those services including but not limited to pump stations,
switching stations and transformers, pipes, lines, cables, service
connections and similar facilities that provide the daily service
of the utility to the consumer for sewage collection and treatment,
water supply, gas, electric, telephone and cable television but does
not include, by definition, such other commercial or industrial aspects
of these or any other utility service which may or may not be part
of a regulated utility company such as towers, repair garages, offices,
open storage, energy generation, recycling, landfills, work areas
and storage tanks.
Any building or structure, or part thereof, designed or used
for the storage of goods and materials. The term includes self-storage,
mini and other forms of commercial warehouse activities.
See "freshwater wetlands."
The open space extending outward from the building line,
or the closest point of any structure that is not a building, to a
lot line, street line or the edge of any environmental area as noted
below. In an apartment, townhouse, industrial or office park complex,
shopping center or other development where more than one building
or structure may be erected on a lot, yards shall also be the open
space extending between the buildings and/or structures. The minimum
distance between buildings and structures in developments where there
is more than one building or structure on a lot shall be the sum of
two required yards of the buildings and/or structures, and in no event
shall two buildings or structures be closer to one another than the
sum of the two required side yards. Where an interior street, driveway
or aisle passes between buildings, the required yards shall be in
addition to the width of these streets, driveways or aisles. All yard
dimensions shall be measured horizontally, in a straight line and
at right angles to straight street lines, lot lines, or the building/structure
facades or perpendicular to the point of tangent of curved lines and
facades.
Open space extending across the full width of a lot between
the front lot line and the nearest line of the principal building
or any enclosed portion thereof. The depth of such yard shall be the
shortest horizontal distance between the front lot line and the nearest
point of the building or any enclosed portion thereof.
[Amended 12-14-2017 by Ord. No. 2017-15]
The open space extending across the full width of the lot
located between the rear lot line and the building, or the closest
point of any structure that is not a building. The minimum rear yard
shall be measured between the rear lot line and the building line.
For apartments, townhouses, industrial or office park complexes, shopping
centers or other developments where more than one building or structure
may be erected on a lot, the rear yard shall be measured from the
designated rear of the building or structure to an imaginary line
a designated distance away from the rear of the building or structure
and shall not count as meeting any other yard requirement.
Open space between the side lot line, the side street line,
or the proposed side street line and the principal buildings, or any
portion thereof, extending from the front yard to the rear yard, or,
in the absence of either of such yards, to the front lot line and/or
rear lot line. The width of a side yard shall be the shortest distance
between the side lot line and the nearest point of the principal building
or any portion thereof.
[Amended 12-14-2017 by Ord. No. 2017-15]
C.
ANIMALS, THREATENED OR ENDANGERED
APPLICATION FOR DEVELOPMENT
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF FILING
COMMISSION
COMPREHENSIVE MANAGEMENT PLAN
CONTIGUOUS LAND
DENSITY
DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
ENLARGEMENT
FIRE HAZARD
FISH AND WILDLIFE MANAGEMENT
FORESTRY
(1)
(2)
(3)
(4)
(5)
(6)
HABITAT
HISTORIC RESOURCE
HYDROPHYTES
IMPERVIOUS SURFACE
LANDFILL
LANDSCAPING
LOCAL COMMUNICATIONS FACILITY
NAVIGABLE WATERS
OFF-SITE COMMERCIAL ADVERTISING SIGN
PARCEL
PERSON or PARTY
PINELANDS AREA
PINELANDS DEVELOPMENT CREDIT
PLANTS, THREATENED OR ENDANGERED
PROTECTION AREA
PUBLIC DEVELOPMENT
RECORD MANAGEMENT PRACTICE
RECORD TREE
RECREATIONAL FACILITY, INTENSIVE
RECREATION FACILITY, LOW-INTENSIVE
SEASONAL HIGH-WATER TABLE
SOLAR ENERGY FACILITY
SUBMERGED LANDS
VEGETATION
WETLANDS
WETLANDS MANAGEMENT
WETLAND SOILS
Pinelands special definitions. The following terms,
when applied to provisions regarding the Pinelands Protection Area,
shall have the following meanings:
See N.J.A.C. 7:50-6.32.
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 335-28A(1).
[Added 12-26-2001 by Ord. No. 2001:16]
An approval of the Planning Board pursuant to N.J.A.C. 7:50-6.156 and § 335-28, Development in the Pinelands Protection Area, of this chapter.
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
[Amended 12-26-2001 by Ord. No. 2001:16]
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Protection Act.
[3]The plan and amendments thereto adopted by the Pinelands
Commission pursuant to Section 7 of the Pinelands Protection Act.
[4]Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit; provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way, and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
[Amended 12-26-2001 by Ord. No. 2001:16]
The average number of housing units per unit of land.
The change or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels and the creation or termination of
rights of access or riparian rights, including but not limited to:
The 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 land.
Commencement of forestry activities.
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.
Any approval granted by an approving agency, including appeals,
to the governing body, except certificates of occupancy and variances
pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance
of a construction permit, subdivision, or site plan approval.
Any division of land into five or more lots, any construction
or expansion of any housing development of five or more dwelling units,
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
The classification of a parcel of land in accord with the
following:
|
Hazard
|
Vegetation Type
| |
|---|---|---|
|
Low
|
Atlantic white cedar and hardwood swamps
| |
|
Moderate
|
Nonpine barrens forest and prescribed burned
areas
| |
|
High
|
Pine barrens forest, including mature forms
of pine, pine/oak, or oak/pine
| |
|
Extreme
|
Immature or dwarf forms of pine/oak or oak/pine
and all classes of pine/scrub oak and pine lowland
|
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.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clear-cutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 8-1-2011 by Ord. No. 2011-09]
Removal of trees located on a parcel of land
one acre or less on which a dwelling has been constructed.
Horticultural activities involving the planting,
cultivating or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development
of the parcel as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance
of utility or public rights-of-way;
Removal or planting of trees for the personal
use of the parcel owner; and
Removal of trees for public safety.
The natural environment of an individual animal or plant,
population or community.
Any site, building, district, area, structure or object important
in American history or prehistory, architecture, archaeology and culture
at the nation, state, county, local or regional level.
Any plant growing in water or in substrata that is at least
periodically deficient in oxygen as a result of excessive water content.
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0, as amended and supplemented, available with
user guide and tutorials at http://www.wsi,nrcs,usda.gov/products/W2Q/H&H/Tools
Models/WinTr55.html or at Natural Resources Conservation Service,
220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying
degrees of permeability.
[Added 8-1-2011 by Ord. No. 2011-09]
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 part of a development.
An antenna and any support structure, together with any accessory
facilities, which complies with the standards of N.J.A.C. 7:50-5.4
and which is intended to serve the 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.
Water capable of being traversed by pleasure craft.
Any 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.
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.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity.
The area designated pursuant to Section 10(a) of the Pinelands
Protection Act[5] (N.J.S.A. 13:18A-1 to 13:18A-29, as amended).
A use right allocated to certain lands within 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 Borough and the Pinelands
Area.
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
All land within the Pinelands Area in Berlin Borough.
Development, including subdivisions, by the Borough of Berlin
or any other governmental agency.
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 Pinelands Commission.
Any recreation facility which does not satisfy the definition
of a low-intensity recreation facility, including but not limited
to golf courses, marinas, amusement parks, hotels and motels.
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, 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.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 7-12-2018 by Ord.
No. 2018-17]
Those lands which are inundated with water throughout the
year.
Any plant material, including grasses, shrubs and trees.
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture and further defined in N.J.A.C. 7:50-6.3 and 7:50-6.5.
The establishment of a characteristic wetland or the removal
of exotic species or Phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
exotic species are those that are not indigenous to North America.
[Added 8-1-2011 by Ord. No. 2011-09]
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture.
