N.J. Admin. Code § 7:50-2.11
When used in this Plan, the following terms shall have the meanings ascribed to them.
"Abandonment" means the voluntary cessation or discontinuation of a use, not including temporary or short-term interruptions to a use during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Cessation or discontinuation of a use for two or more years shall constitute prima facie evidence of abandonment. An applicant may rebut this presumption of abandonment by demonstrating, by a preponderance of the evidence, objective proof of intent to continue a use such that a reasonable person would believe there was no intent to abandon said use. Factors to be considered by the Commission in evaluating such intent may include, but are not limited to:
"Agricultural commercial establishment" means a retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year round and may or may not be associated directly with a farm; however it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities.
"Agricultural employee housing" means residential dwellings, for the seasonal use of employees of an agricultural or horticultural use, which because of their character or location are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the parcel for agriculture.
"Agricultural or horticultural purpose or use" means any production of plants or animals useful to man, including, but not limited to: forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; aquatic organisms as part of aquaculture; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the Federal Government.
"Agricultural products processing facility" means a facility designed, constructed, and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading, and packaging of those products.
"Alternate design pilot program treatment system" means an individual or community on site waste water treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater, and that has been approved by the Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Commission.
"Amendment" is a means for making changes in this Plan as expressly authorized by the provisions of N.J.A.C. 7:50-7 or any change to a certified local master plan or land use ordinance.
"Ancillary" means a structure or use which:
"Animals, threatened or endangered". See: N.J.A.C. 7:50-6.32.
"Application for development" means 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 N.J.A.C. 7:50-4.1(a).
"Approval, final" means any approval to develop issued by a local permitting agency which represents the final action to be taken on the application for development by that agency, including but not limited to final approval of major subdivisions and site plans, approval of minor subdivisions, and the issuance of zoning or construction permits.
"Approval, preliminary" means any approval to develop issued by a local permitting agency which is a prerequisite to the issuance of a final approval by that agency, including but not limited to preliminary approvals of major subdivisions and site plans.
"Aquaculture" means the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and their subsequent processing, packaging and marketing, including, but not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.
"Aquatic organisms" means and includes, but is not limited to, finfish, mollusks, crustaceans and aquatic plants which are the property of a person engaged in aquaculture.
"Artificial regeneration" means the establishment of tree cover through direct or supplemental seeding or planting.
"Assisted living facility" means a facility licensed by the New Jersey Department of Health and Senior Services pursuant to N.J.A.C. 8:36 which is designed and operated to provide apartment style housing and congregate dining while assuring that a coordinated array of supportive personal and health services are available, as needed, to four or more adult persons unrelated to the proprietor. Each unit in an assisted living facility shall offer, at minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. For purposes of this Plan, assisted living facility shall include assisted living residences and assisted living programs as defined at N.J.A.C. 8:36-1.3.
"Bedding" means a silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.
"Broadcast scarification" means a silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce above-ground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
"Building" means any structure, either temporary or permanent, having a roof and designed, intended or used for the sheltering or protection of persons, animals, chattel or property of any kind.
"Camper" means a portable structure, which is self propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term uses. Camper does not include mobile homes or other dwellings.
"Campsite" means a place used or suitable for camping, on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.
"Certificate of appropriateness". See N.J.A.C. 7:50-6.156.
"Certificate of Completeness". See N.J.A.C. 7:50-4.11 through 4.27.
"Certificate of filing". See N.J.A.C. 7:50-4.34 and 4.82.
"Certified county master plan or regulation" means any county master plan or regulation certified by the Commission pursuant to N.J.A.C. 7:50-3, Part II as being in conformance with the minimum standards of this Plan. "Certified municipal master plan or land use ordinance" means any municipal master plan or land use ordinance certified by the Commission pursuant to N.J.A.C. 7:50-3, Part IV as being in conformance with the minimum standards of this Plan.
"Clearcutting" means a silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clearcutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.
"Collection facility" means a facility where source-separated or commingled waste is dropped off in a container and temporarily stored before transportation to another waste management facility.
"Commencement of construction" means actual construction on a parcel of land in accordance with a permit issued by the applicable jurisdiction if the cost of the physical improvements completed constitutes at least 25 percent of the projected total cost of the development or the completion of all required foundations, of a form and character such that the foundations are not usable for any other form of development except that authorized by the issued permit.
"Commission" means the Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act, as amended.
"Composting facility" means a waste management facility which utilizes a controlled biological process of degrading non-hazardous solid waste or sewage sludge. For purposes of this definition, composting facility shall include co-composting facility which utilizes a controlled biological process of degrading mixtures of non-hazardous solid waste, including sewage sludge.
"Comprehensive Management Plan" means the plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.
"Construction" means the construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings or structures.
"Construction debris" means non-hazardous solid waste building material and refuse resulting from construction, remodeling, and repair operations on residences, commercial buildings, pavements and other structures.
"Consumer electronics" means any appliance used in the home or business that includes circuitry and contains hazardous substances. It includes the components and sub-assemblies that collectively make up the electronic products and may, when individually broken down, include batteries, mercury switches, capacitors containing PCBs, cadmium plated parts and lead or cadmium containing plastics. Examples include, but are not limited to, computers, printers, copiers, telefacsimiles, VCRs, stereos, televisions, and telecommunication devices.
"Contiguous lands" means 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.
"Continuing care retirement community" means a development regulated in accordance with the rules of the Department of Community Affairs pursuant to N.J.A.C. 5:19 which provides a continuum of accommodations and care, from independent living to assisted living to long-term bed care in a nursing facility, at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year.
"Coppicing" means a silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.
"County" means the New Jersey counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester and Ocean.
"County master plan" means a composite of the master plan for the physical development of a New Jersey county with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to 40:27-2 and 40:27-4 or their successor statutes.
"County planning board" means the governing authority responsible for the county planning and organized pursuant to 40:27-6.1, and defined therein.
"Day" means, for purposes of computing time limits, a calendar day; provided, however, that should the last day of a specified time limit be a Saturday, Sunday or holiday, then the time limit shall extend until the next working day following said Saturday, Sunday or holiday.
"Density" means the average number of housing units per unit of land.
"Developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
"Development" means the change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:
"Development approval" means any approval granted by the Commission pursuant to N.J.A.C. 7:50-4, Part II, Part III or Part IV.
"Development, major" means any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
"Development, minor" means all development other than major development.
"Development, public" means any development by a public agency.
"Disking" means a silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.
"District" means a portion of the territory of the Pinelands Area within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this Plan.
"Divert" or "Diversion" means the taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other waterbody, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
"Domestic treatment works" means a public or privately owned treatment works that processes primarily domestic wastewater and pollutants.
"Domestic wastewater" means wastewater which results from the discharge of household, commercial or other wastes from bathrooms, toilet facilities, home laundries and kitchens.
"Drainage" means the removal of surface water or ground water from land by drains, grading or other means including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
"Drum chopping" means a silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash, crush scrubby vegetation prior to burning or planting or to chop up and disturb the organic turf and roots in the upper foot of soil.
"Dwelling" means any structure or portion thereof which is designed or used for residential purposes.
"Dwelling unit" means any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family. Dwelling unit shall include each separate apartment or unit where one or more individuals reside within an assisted living facility and each room, apartment, cottage or other area within a continuing care retirement community set aside for the exclusive use or control of one or more individuals constituting a household unit.
"Electric distribution lines" means all electric lines other than electric transmission lines.
"Electric transmission lines" means 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 the utility company and:
"Electronic message display" means an element of a sign that is capable of displaying words, symbols, figures, or images that electronically or mechanically change by remote or automatic means.
"Enlargement" means 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.
"Erosion" means the detachment and movement of soil rock fragments by water, wind, ice or gravity.
"Executive Director" means the chief administrative officer of the Commission or any representative designated by such chief administrative officer to perform any functions delegated to such chief administrative officer pursuant to any provision of this Plan.
"Fair market value" means the value of a parcel based on what a willing buyer will pay a willing seller in an arms length transaction for the parcel if no Waiver of Strict Compliance is approved. For undersized lots, the determination of fair market value shall include consideration of the extent to which the parcel would contribute to the value of a developable parcel if combined with one or more parcels.
"Family" means one or more persons related by blood, marriage, adoption or guardianship, or any number of persons not so related occupying a dwelling unit and living as a single housekeeping unit.
"Family, immediate". See "Immediate family".
"Federal Act" means Section 502 of the National Parks and Recreation Act of 1978 (PL 95-625).
"First order stream" means that portion of a stream, as identifiable on the USGS 7 1/2 foot quadrangle maps, from the point of upstream origin, downstream to the first point of intersection with another branch, stream or tributary.
"Fish and wildlife management" means the changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
"Flood plain" means the relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by flood water.
"Floor area" means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls, or from the centerline of a wall separating two buildings.
"Forestry" means 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, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this Plan, the following activities shall not be defined as forestry:
"Forestry management plan". See 7:50-6.44(b)7.
"Forest stand" means a uniform group of trees of similar species, composition, size, age and similar forest structure.
"Group selection" means a silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
"Habitat" means the natural environment of an individual animal or plant, population, or community.
"Hazardous or toxic substances" means such elements, compounds and substances which pose a present or potential threat to human health, living organisms or the environment. They consist of all hazardous or toxic substances defined as such by the Department of Environmental Protection and the Environmental Protection Agency as of May 20, 1996 and any other substances defined as hazardous or toxic by the Department of Environmental Protection and the Environmental Protection Agency subsequent to May 20, 1996.
"Hazardous waste" means any waste or combination of wastes, including toxic, carcinogenic, corrosive, irritating, sensitizing, radioactive, biologically infectious, explosive or flammable waste, which poses a present or potential threat to human health, living organisms or the environment. They consist of all hazardous wastes defined as such by the Department of Environmental Protection and the Environmental Protection Agency as of May 20, 1996 and any other wastes defined as hazardous by the Department of Environmental Protection and the Environmental Protection Agency subsequent to May 20, 1996.
"Height of building" means the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
"Historic Preservation Commission". See N.J.A.C. 70:50-6.153.
"Historic resource" means any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
"Home occupations" means an activity for economic gain, carried out in a residential dwelling or accessory structure thereto, in which an occupant of the residence and no more than two other individuals are employed and which is clearly secondary to the use of the dwelling as a residence.
"Household hazardous waste" means any hazardous waste material derived from households, including single-family and multi-family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.
"HUC-11" or "hydrologic unit code 11" means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an 11-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
"HUC-14" or "hydrologic unit code 14" means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
"Hydrophytes" means any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
"Immediate family" means those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces, and first cousins.
"Impermeable surface" means any surface which does not permit fluids to pass through or penetrate its pores or spaces, typically having a maximum permeability for water of 10-7 cm/second at the maximum anticipated hydrostatic pressure. The term "impermeable" is equivalent in meaning.
"Impervious surface" means 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, incorporated herein by reference, 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.
"Incinerator" means a thermal device in which waste is burned and results in volume reduction. For purposes of this definition, it shall include a facility used to obtain energy but shall not include a facility where methane gas burnoff occurs in association with an approved landfill closure and post-closure plan.
"Individual onsite subsurface sewage disposal system" means a system designed to treat and dispose of sanitary sewage as defined at 7:9A-2.1, with an engineering design flow no greater than 2,000 gallons per day, serving a single family detached residential dwelling unit. The term includes both traditional onsite wastewater subsurface sewage disposal systems and Pinelands alternate design wastewater treatment systems.
"Individual selection" means a silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
"Institutional use" means any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries; and other similar facilities. For purposes of this Plan, institutional use shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.
"Interested person" means any persons whose right to use, acquire, or enjoy property is or may be affected by any action taken under this Plan, or whose right to use, acquire, or enjoy property under this Plan or under any other law of this State or of the United States has been denied, violated, or infringed upon by an action or failure to act under this Plan.
"Interim rules and regulations" means the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1etseq.
"Land" includes the surface and subsurface of the earth as well as improvements and fixtures on, above, or below the surface and any water found thereon.
"Landfill" means a site where any waste is disposed of by application on or into the land, with or without the use of management practices or soil covering. It does not include a site where land application of waste or waste derived material occurs in accordance with 7:50-6.79.
"Landscaping" means the installation of plant material or seed as part of development.
"Land use ordinance" or "land use regulation" means any county or municipal ordinance or regulation which, in any way, regulates or affects the development of land.
"Lawful use" means a use of land, building or structure, or portion thereof, that is permitted under all relevant local, State and Federal land use, nuisance and environmental statutes.
"Leachate collector", for the purposes of this Plan, shall mean attributed to the phrase by, and each such "leachate collector" shall conform to the requirements of the New Jersey Solid Waste Administration.
"Local communications facility" means an antenna and any support structure, together with any accessory facilities, which complies with the standards in 7:50-5.4 and which is intended to serve a limited, localized audience through point to point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
"Local permitting agency" means any county or municipal official, department agency or other body authorized to rule on any application for development.
"Lot" means a designated parcel, tract or area of land designated for use or development as a unit.
"Mail" shall mean regular mail or e-mail.
"Mobile home" means a dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.
"Municipal master plan" means a composite of one or more written or graphic proposals for development of the municipality as set forth and adopted pursuant to N.J.S.A. 40:55-28.
"Municipality" means any city, borough, town or township wholly or partially located within the Pinelands Area or Pinelands National Reserve.
"Natural regeneration" means the establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
"Navigable waters" means water capable of being traversed by pleasure craft.
"Nonconforming use" means a use or activity, which was lawful prior to the adoption or amendment of this Plan, but which fails to conform to the requirements of the municipal zoning district and/or Pinelands management area in which it is located by reasons of adoption or amendment of this Plan.
"Nonconsumptive use" means the use of water diverted from surface or ground waters in such a manner that at least 90 percent of the diverted water is returned to the source surface or ground water at or near the point from which it was taken.
"Non-individual onsite subsurface sewage disposal system" means an onsite subsurface sewage disposal system designed to treat and dispose of sanitary sewage as defined at 7:9A-2.1 serving a property other than a single family dwelling with an engineering design flow no greater than 2,000 gallons per day. Such systems include, but are not limited to, those systems defined in 7:9A-1.8(a)2. Typical examples include, but are not limited to, systems serving: commercial buildings, restaurants, food establishments, commercial/residential mixed uses, and systems servicing multiple commercial or dwelling units. The term includes both traditional onsite wastewater subsurface sewage disposal systems and Pinelands alternate design wastewater treatment systems.
"Off-site commercial advertising sign" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
"Off-site sign" means a sign that directs attention to a business, commodity, product, service, entertainment, or other attraction conducted, sold, or offered at a location other than the premises on which the sign is located.
"Parcel" means 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. For agricultural or horticultural purpose or use, parcel includes noncontiguous lands in common ownership which have an active production history as a unit or where a farm management plan has been prepared which demonstrates that the parcels will be farmed as a unit.
"Permeability" means the rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
"Person" means an individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
"Pinelands" means the Pinelands National Reserve and the Pinelands Area.
"Pinelands alternate design wastewater treatment system" means an individual or non-individual onsite subsurface wastewater treatment and disposal system authorized for use by the Pinelands Commission and intended to reduce the concentration of total nitrogen in sanitary sewage to meet the water quality standards of 7:50-6.84.
"Pinelands Area" means that area designated as such by Section 10(a) of the Pinelands Protection Act.
"Pinelands Development Review Board" means the agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
"Pinelands National Reserve" means that area designated as such by Section 3(i) of the Pinelands Protection Act.
"Pinelands Protection Act". See: 13:18A-1 to 29.
"Pinelands resource related use" means any use which is based on resources which are indigenous to the Pinelands including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
"Plants, threatened or endangered" means a Pinelands plant species whose survival worldwide, nationwide, or in the state is in jeopardy.
"Plat" means one or more maps of a subdivision or a site plan which shows the location, boundaries and ownerships of individual properties.
"Plan" means the Comprehensive Management Plan for the Pinelands.
"Pre-application conference". See 7:50-4.2.
"Preservation Area" means that area so designated by Section 10(b) of the Pinelands Protection Act.
"Protection Area" means all land within the Pinelands Area which is not included in the Preservation Area.
"Public agencies" means the government of the United States of America; the State of New Jersey or any other state; their political subdivisions, agencies or instrumentalities; and interstate and regional agencies exercising sovereign powers of government.
"Public services" means sewer service, gas, electricity, water, telephone, television and other public utilities, roads and streets and other similar services provided or maintained by any public or private entity.
"Public service infrastructure" means sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.
"Qualified service technician" means a person, firm or corporation authorized by a specific Pinelands alternate design wastewater treatment manufacturer or vendor to provide operation, maintenance, or repair services on said wastewater treatment system or a person who holds a valid public wastewater treatment works operators license issued by the New Jersey Department of Environmental Protection at a level of S2 or higher.
"Recommended management practice" means the management program which employs the most efficient use of available technology, natural, human and economic resources.
"Record tree" means 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 office of the Commission.
"Recreational facility, intensive" means any recreational facility which does not satisfy the definition of low intensive recreational facility including but not limited to golf courses, marinas, amusement parks, hotels, and motels.
"Recreational facility, low intensive" means a facility or area which complies with the standards in N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding, and bicycling.
"Recyclable material" means the following materials which would otherwise become solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products: source-separated non-putrescible metal, glass, paper, plastic containers, corrugated and other cardboard; vegetative waste; waste concrete; asphalt; brick; block; asphalt-based roofing scrap and wood waste; other waste resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings, pavements and other structures; whole trees, tree trunks, tree parts, tree stumps, brush and leaves that are not composted; scrap tires; petroleum contaminated soil that is delivered to a non-mobile in-State asphalt plant, concrete production plant or brick-making facility for incorporation as a raw material; and petroleum contaminated soil that is processed at its point of generation by mobile recycling equipment which produces asphalt, concrete or bricks by incorporating it as a raw material in its mobile production process.
"Recycling center" means a facility designed and operated solely for receiving, storing, processing or transferring recyclable materials, except that recycling center shall not include a manufacturer. For purposes of this definition, processing may include, but is not necessarily limited to, separating by type, grade or color, crushing, grinding, shredding or baling.
"Regulated medical waste" means any waste regulated pursuant to the New Jersey Comprehensive Regulated Medical Waste Management Act, 13:1E-48.1 et seq.
"Remediation" means a process to remove or treat a waste or hazardous or toxic substance from soil or water but does not include any subsequent burial or land application of contaminated soil or other solids.
"Resource conservation plan" means a plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
"Resource extraction" means the dredging, digging, extraction, mining and quarrying of sand, gravel, clay, or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of the extracted material on the same parcel by the landowner.
"Resource extraction, agricultural" means those resource extraction activities accessory to an existing agricultural or horticultural use which meet the standards contained in 7:50-6.55 or which do not require an application to the Pinelands Commission pursuant to 7:50-4.1(a) 19.
"Resource management system plan" means a plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005, incorporated herein by reference, as amended and supplemented and available at http://www.nrcs.usda.gov/technical/efotg. Such plans shall:
"Root raking" means a silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.
"Scenic corridors". See: 7:50-6.103.
"Seasonal high water table" means the level below the natural surface of the ground to which water seasonally rises in the soil in most years.
"Seed tree cut" means a silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.
"Sewage sludge" means the solid residue and associated liquid resulting from the physical, chemical or biological treatment of wastewater in a domestic treatment works.
"Shelterwood cut" means a silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.
"Sign" means any structure including, but not limited to, an advertising structure and sign face used outdoors and affixed to or upon property to display messages and/or images within public view that is designed to attract, or does attract, the attention of pedestrians or operators or passengers of motor vehicles using the roads, highways, and other public thoroughfares and places, and shall include any writing, printing, painting, display, emblem, drawing, or other device whether placed on the ground, rocks, trees, tree stumps, or other natural structures, or on a building, structure, signboard, billboard, wallboard, roofboard, frame, support, fence, or elsewhere, and any lighting or other accessories used in conjunction therewith.
"Solar energy facility" means 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.
"Stream low flow margin" means the difference between a stream's normal dry-season flow (September Median Flow) and drought flow (7Q10) as reported in the New Jersey Statewide Water Supply Plan, New Jersey Department of Environmental Protection, 2017, New Jersey Water Supply Plan 2017-2022: 484p, http://www.nj.gov/dep/watersupply/wsp.html, as amended and supplemented.
"Structural alteration" means any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
"Structure" means a combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land.
"Subdivision" means the division of a parcel of land into two or more lots, tracts, parcels or other divisions of land. The following shall not be considered subdivisions within the meaning of this Plan, if no development occurs or is proposed in connection therewith:
The term "subdivision" shall also include the term "resubdivision".
"Submerged land" means those lands which are inundated with water throughout the year.
"Suitable sewage sludge" means sewage sludge in which the concentrations of any metals, measured on a dry weight basis, do not exceed the following limits: 10 parts per million arsenic; 40 parts per million cadmium; 1,000 parts per million chromium; 1,200 parts per million copper; 4,800 parts per million lead; 10 parts per million mercury; 1,250 parts per million nickel; and 2,400 parts per million zinc. The metal concentration limits used to define suitable sewage sludge are identical to those set forth in the Department of Environmental Protection's September 1993 draft Solid Waste Management State Plan Update for Class B sludge.
"Thinning" means a silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
"Traditional onsite subsurface sewage disposal system" means an individual or non-individual subsurface sewage disposal system which functions to treat and dispose of sanitary sewage in a manner that is not intended to reduce the total nitrogen concentration in the effluent but is intended to retain most of the settleable solids in a septic tank and to discharge the liquid effluent to a subsurface disposal field. Traditional onsite subsurface sewage disposal systems include gravity flow, gravity dosing and pressure dosing septic systems and may utilize septic tanks, dosing tanks, distribution boxes, disposal beds, disposal trenches and seepage pits. Existing privies and cesspools which are determined to be functioning properly shall also be considered to be traditional onsite subsurface sewage disposal systems.
"Transfer station or facility" means a facility at which waste is transferred from one waste vehicle to another waste vehicle for transportation to a waste management facility.
"Uncertified municipality or county" means a municipality or county whose master plan and land use ordinances or regulations have not been certified by the Commission under N.J.A.C. 7:50-3.
"Utility distribution lines" means lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or storm water discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
"Vegetation" means any plant material including grasses, shrubs and trees.
"Vegetative waste" means leaves, grass clippings, twigs, shrubbery and residue from the raising of plants, such as stalks, hulls and leaves. It includes vegetative processing wastes which do not contain non-vegetative additives; and whole trees, branches, tree trunks and stumps processed through a wood chipper.
"Waste" means any hazardous waste, regulated medical waste, garbage, refuse, septage, sludge, discarded materials, and other by-products and substances which become unsuitable for their original purpose, resulting from industrial, commercial and agricultural operations and from domestic and community activities. They shall include solid and liquid waste materials. For purposes of this definition, liquids which are released from a sewage treatment plant or on-site septic waste water treatment system and solid animal and vegetable wastes collected by swine producers licensed by the New Jersey Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms shall not be considered waste.
"Waste derived material" means a waste which has been separated, collected or processed such that it is converted into an economically valuable raw material or product which is not hazardous.
"Waste management facility" means any property, site, system, equipment or structure which is utilized for the storage, collection, processing, transfer, transportation, separation, recycling, reclamation, recovery, reuse or disposal of waste. It includes, but is not necessarily limited to, landfills, composting facilities, recycling facilities and centers, incinerators, materials recovery facilities, reclamation facilities, resource recovery facilities, waste reuse facilities and transfer facilities.
"Waste water collection facility" means any part of a system used to carry waste water and includes laterals, mains, trunks, interceptors and other similar facilities.
"Well" means a hole or excavation deeper than it is wide, that is drilled, bored, core driven, jetted, dug, or otherwise constructed for the purpose of the removal of, investigation of, or exploration for water.
"Wetlands". See N.J.A.C. 7:50-6.3.
"Wetlands, coastal". See N.J.A.C. 7:50-6.4.
"Wetlands, impaired" means any wetland that meets each of the following three tests:
"Wetlands management" means the establishment of a characteristic wetland or the removal of exotic species or Phragmites from a wetland in accordance with the standards of 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.
"Wetland soils" means those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
"Zone of influence" means the area of ground water that experiences an impact attributable to a pumping well.
N.J. Admin. Code § 7:50-2.11
See: 17 N.J.R. 1918(a).
"Certificate of Compliance" added. "Certificate of Conformity" deleted.
Amended by R.1985 d.494, effective 9/12/1985.
See: 17 N.J.R. 1918(a), 17 N.J.R. 2394(a).
Amended by R.1987 d.436, effective 11/2/1987.
See: 18 N.J.R. 2239(a), 19 N.J.R. 2010(a).
Substantially amended.
Amended by R.1988 d.405, effective 9/19/1988.
See: 20 N.J.R. 716(a), 20 N.J.R. 2384(a).
Substantially amended.
Amended by R.1990 d.170, effective 3/19/1990.
See: 21 N.J.R. 3381(a), 22 N.J.R. 948(a).
Corrected errors in "Parcel" and "Subdivision".
Amended by R.1992 d.91, effective 3/2/1992.
See: 23 N.J.R. 2458(b), 24 N.J.R. 832(b).
Amended "Contiguous lands"; added "fair market value" and "wetland, impaired".
Amended by R.1994 d.590, effective 12/5/1994.
See: 26 N.J.R. 165(a), 26 N.J.R. 4795(a).
Amended by R.1995 d.449, effective 8/21/1995.
See: 27 N.J.R. 1557(a), 27 N.J.R. 1927(a), 27 N.J.R. 3158(a).
Amended "Agricultural employee housing", "Certified county master plan or ordinance", and "Uncertified municipality or county"; added "Local communications facility"; and deleted "Local review officer" and "Notice of filing".
Amended by R.1996 d.225, effective 5/20/1996.
See: 27 N.J.R. 3878(a), 28 N.J.R. 2596(a).
Added "Collection facility", "Domestic treatment works", "Domestic wastewater", "Hazardous or toxic substances", "Hazardous waste", "Household hazardous waste", "Incinerator", "Lawful use", "Record tree", "Recyclable material", "Recycling center", "Regulated medical waste", "Remediation", "Sewage sludge", "Suitable sewage sludge", "Transfer station or facility", "Vegetative waste", "Waste", "Waste derived material", and "Waste management facility"; deleted "Solid waste transfer station" and "Specimen tree"; and amended "Forestry", "Landfill" and "Wetlands, impaired".
Amended by R.2000 d.272, effective 7/3/2000.
See: 32 N.J.R. 145(a), 32 N.J.R. 2435(a).
Inserted "Assisted living facility" and "Continuing care retirement community"; in "Dwelling unit", added a second sentence; and in "Institutional use", deleted a reference to supervised residential institutions, and added a second sentence.
Amended by R.2001 d.103, effective 4/2/2001.
See: 32 N.J.R. 4037(a), 33 N.J.R. 1095(a).
In "Agricultural or horticultural purpose or use", inserted "aquatic organisms as part of aquaculture;" following "fur animals;"; added "Aquaculture" and "Aquatic organisms".
Amended by R.2001 d.454, effective 12/3/2001.
See: 33 N.J.R. 2005(a), 33 N.J.R. 4133(a).
Rewrote "Parcel"; in "Resource extraction" insert "on the same parcel" following "material"; added "Resource extraction, agricultural".
Amended by R.2002 d.247, effective 8/5/2002.
See: 34 N.J.R. 722(a), 34 N.J.R. 2804(b).
Added "Alternate design pilot program treatment system".
Amended by R.2005 d.171, effective 6/6/2005.
See: 36 N.J.R. 4401(a), 37 N.J.R. 172(a), 37 N.J.R. 2013(b).
Added "Consumer electronics".
Amended by R.2007 d.372, effective 12/3/2007.
See: 39 N.J.R. 1970(a), 39 N.J.R. 5077(b).
Added definitions "Abandonment" and "Nonconforming use"; and in definition "Alternate design pilot program treatment system", deleted paragraph 1 and recodified paragraphs 2 through 5 as paragraphs 1 through 4.
Amended by R.2009 d.108, effective 4/6/2009.
See: 40 N.J.R. 4874(a), 41 N.J.R. 1405(a).
Rewrote definition "Impermeable surface"; and added definitions "Impervious surface", "Permeability" and "Resource management system plan".
Amended by R.2009 d.385, effective 12/21/2009.
See: 41 N.J.R. 2398(a), 41 N.J.R. 4786(a).
Added definition "Wetlands management".
Amended by R.2010 d.029, effective 3/1/2010.
See: 41 N.J.R. 2402(a), 42 N.J.R. 629(a).
Added definitions "Artificial regeneration", "Bedding", "Broadcast scarification", "Clearcutting", "Coppicing", "Disking", "Drum chopping", "Group selection", "Individual selection", "Natural regeneration", "Root raking", "Seed tree cut", "Shelterwood cut" and "Thinning"; in the introductory paragraph of definition "Forestry", inserted ", or for forest health" and ", including, but not limited to, artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning"; in definition "Forestry management plan", updated the N.J.A.C. reference; and in definition "Forest stand", inserted "composition," and "and similar forest structure", and deleted "and" preceding "age".
Amended by R.2010 d.079, effective 6/7/2010.
See: 41 N.J.R. 2392(a), 42 N.J.R. 1044(a).
Added definitions "Individual onsite subsurface sewage disposal system", "Non-individual onsite subsurface sewage disposal system", "Pinelands alternate design wastewater treatment system", "Qualified service technician" and "Traditional onsite subsurface sewage disposal system".
Amended by R.2010 d.235, effective 10/18/2010.
See: 42 N.J.R. 987(a), 42 N.J.R. 2422(a).
In definition "Alternate design pilot program treatment system", rewrote the introductory paragraph and paragraph 3, in paragraph 2, inserted "or" at the end, and deleted paragraph 4.
Public Notice: Agency Action: Pilot Program for Alternate Design Wastewater Treatment Systems.
See: 43 N.J.R. 1380(b).
Amended by R.2012 d.012, effective 1/3/2012.
See: 43 N.J.R. 928(a), 44 N.J.R. 72(a).
Added definition "Solar energy facility".
Amended by R.2014 d.143, effective 9/2/2014.
See: 46 N.J.R. 319(a), 46 N.J.R. 1877(b).
In definition "Alternate design pilot program treatment system", inserted "or" at the end of paragraph 1, deleted former paragraph 2, and recodified former paragraph 3 as paragraph 2; and in definition "Immediate family", substituted "spouses" for "husbands and wives", and inserted "domestic partners,", and a comma following "nieces".
Amended by R.2018 d.089, effective 3/5/2018.
See: 49 N.J.R. 3075(a), 50 N.J.R. 969(a).
Rewrote definitions "Alternate design pilot program treatment system" and "Sign"; added definitions "Electronic message display" and "Mail"; in definition "Interested person", inserted a comma following "acquire" twice, and following "violated"; and substituted definition "Off-site sign" for definition "Off-site commercial advertising sign" and rewrote the definition.
Amended by R.2022 d.021, effective 1/18/2022.
See: 53 N.J.R. 1195(a), 54 N.J.R. 138(b).
Added definitions "HUC-11" or "hydrologic unit code 11" and "HUC-14" or "hydrologic unit code 14".