This chapter shall be known and may be cited as the "Land Use and Development Ordinance of the Township of Franklin, Warren County, New Jersey."
A. 
It is the intent and purpose of this chapter to exercise the authority delegated to municipalities under the Municipal Land Use Law (P.L. 1975, c. 291[1]) to regulate development.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
It is the intent and purpose of this chapter to exercise the authority delegated to municipalities by the Municipal Land Use Law and thereby, in conformance with the purposes of said law, to:
(1) 
Guide the appropriate use or development of all lands in a manner that will promote the public health, safety, morals and general welfare.
(2) 
Secure safety from fire, flood, panic and other natural and man-made disasters.
(3) 
Provide adequate light, air and open space.
(4) 
Ensure that the development of the municipality does not conflict with the development and general welfare of neighboring municipalities, the County and the state as a whole.
(5) 
Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment.
(6) 
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
(7) 
Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
(8) 
Encourage the location and design of transportation routes that will promote the free flow of traffic while discouraging locations of such facilities and routes that result in congestion or blight.
(9) 
Promote a desirable visual environment through creative development techniques and good civic design and arrangement.
(10) 
Promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
(11) 
Encourage planned developments that incorporate the best features of design and relate the type, design and layout of various types of development to particular sites.
(12) 
Encourage coordination of the various public and private procedures and activities shaping land development, with a view to lessening the cost of such development and to the more efficient use of land.
(13) 
Control flooding, soil erosion and sedimentation precipitated by development and caused by water runoff, soil disturbances, destruction or removal of ground cover or plant life, grading or filling.
(14) 
Promote utilization of renewable energy sources.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6]
(15) 
Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the state recycling plan goals and to complement municipal recycling programs.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6]
The following words and phrases shall have the meanings ascribed to them in this section unless the context otherwise requires:
ACCESSORY APARTMENT
A dwelling unit authorized under this chapter and Chapter 85, Housing, for the sole purpose of fulfilling the Township's obligation for its fair share of the regional low- and moderate-income housing need under rules and regulations established by the Council on Affordable Housing (COAH). Such units are limited in number and are authorized for this special case for periods of time identified in this chapter.
[Added 4-14-1997 by Ord. No. 97-7]
ACCESSORY USE OR STRUCTURE
A use or detached structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the use of the principal building.
[Amended 3-12-1984 by Ord. No. 84-3]
ADMINISTRATIVE OFFICER
The Secretary of the Land Use Board or the Clerk of the municipality, as the case may be, according to which of said agencies is involved in a particular instance.
[Amended 12-9-2002 by Ord. No. 2002-14]
AGRICULTURE
The use of land for farming or horticultural use or for raising poultry or livestock or otherwise devoted to any use contemplated by N.J.S.A. 54:4-23.3.
ALTER
As applied to a building, a change or rearrangement of supporting members or exit facilities or an enlargement, whether by extending on a side or by increasing in height, or moving from one location or position to another.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application or appeal form and all accompanying documents required by this chapter for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance or direction for the issuance of a special permit.
APPLICATION FOR SPECIAL PERMIT
An application for development that seeks the direction of the issuance of a special permit.
APPROVING AUTHORITY
The Land Use Board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.
[Amended 12-9-2002 by Ord. No. 2002-14]
AQUIFER
A unique, sandy, loamy, water-bearing stratum serving as a recharge area of the water table.
AUTOMOTIVE SERVICE STATION or GASOLINE STATION
A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including the sale of accessories, greasing, oiling and light motor service on the premises.
BASEMENT
A story partly above grade level, having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground. Whenever more than 1/3 of the floor-to-ceiling height is below the average level of the adjoining ground, then it shall be prohibited for dwelling use.
BED-AND-BREAKFAST INN
A private single-family residence which provides overnight lodging for transient guests and provides breakfast for registered guests in the forenoon of each day.
[Added 8-12-2002 by Ord. No. 2002-9]
BLOCK
An area bounded by three or more streets.[1]
BUILDABLE AREA
The area within a proposed lot intended for the construction of a principal structure, related appurtenances, e.g., well and septic system and accessory structures. The buildable area shall incorporate the minimum building setback dimensions for the particular zoned district. The minimum buildable area shall not contain natural steep slopes (25% or greater), floodplains, either delineated or nondelineated, freshwater wetlands and requisite buffer areas either delineated or nondelineated, karst features as noted in the definition of karst in this section or restrictive easements (i.e., drainage, conservation, preservation, etc.). The minimum buildable area shall be a single contiguous space within the lot in accordance with the minimum buildable area requirements set forth in the Schedule of Area, Bulk and Yard Requirements[2] in this chapter, not the sum of the multiple buildable areas within the boundaries of a particular lot.
[Added 3-30-1987 by Ord. No. 87-4; amended 10-31-1988 by Ord. No. 88-9; 6-10-1996 by Ord. No. 96-9; 10-1-2007 by Ord. No. 2007-16]
BUILDING
A structure having a roof supported by columns, posts or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING COVERAGE
That area of a lot which is occupied by a building or structure, but not including uncovered walkways, steps, patios, a parking lot or area or any similar improvements thereto.
BUILDING HEIGHT
The vertical distance measured from the average finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to a point halfway between eaves and ridge for gable, hip and gambrel roofs as measured at the front of the building. For the purpose of calculating building height, the front of the building shall be considered the portion of the building facing a public street.
[Amended 6-7-2021 by Ord. No. 2021-5]
BUILDING INSPECTOR
The official designated as such by the governing body, also known as the "Zoning Code Official."
[Amended 9-28-1987 by Ord. No. 87-9]
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated.
BUILDING SETBACK LINE
The line within a property defining the minimum required distance between any building to be erected and an adjacent right-of-way.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction project.
CARBONATE AREA DISTRICT (CAD)
Those land areas of the municipality comprised of the Carbonate Rock Area and the Carbonate Drainage Area. The "Carbonate Area District" is identified as such on the overlay to the Franklin Township Zoning Map established by § 90-72C of this chapter.
[Added 6-10-1996 by Ord. No. 96-9]
CARBONATE DRAINAGE AREA (CDA)
Those land areas of the municipality from which surface water drains into the Carbonate Rock Area. The "Carbonate Drainage Area" is identified as such on the overlay to The Franklin Township Zoning Map established by § 90-72C of this chapter.
[Added 6-10-1996 by Ord. No. 96-9]
CARBONATE ROCK
Rock consisting chiefly of calcium and magnesium carbonates, such as limestone and dolomite.
[Added 6-10-1996 by Ord. No. 96-9]
CARBONATE ROCK AREA (CRA)
Those land areas of the municipality underlain by carbonate rock. The Carbonate Rock Area is identified as such on the overlay to the Franklin Township Zoning Map established by § 90-72C of this chapter.
[Added 6-10-1996 by Ord. No. 96-9]
CARPORT
A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CARTWAY
The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
CELLAR
Same as "basement."
CERTIFICATION
Written endorsement by the Township Engineer of a plan for soil erosion and sediment control which indicates that the plan meets the standards established by the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Commission.
CERTIFIED PLAN
A plan for soil erosion and sediment control which meets the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Commission as determined and approved by the Township Engineer or where the time allotted in this chapter for review of such plan has expired without action by the Township.
CHANNEL
A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.[3]
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.
CIVIC BUILDING
A building owned by a governmental unit which is used primarily for public gatherings for the purpose of promoting public education or knowledge or the general welfare.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
CLUSTER DEVELOPMENT
Same as "residential cluster."
COAH
The New Jersey Council on Affordable Housing.
[Added 12-11-1989 by Ord. No. 89-10]
COMMERCIAL TRAILER/BUILDING
A temporary trailer or building used solely for storage of building supplies or offices for contractors and their employees; allowed with a permit for a time period from issuance of the building permit and concluding with the issuance of certificate of occupancy or for six months, whichever is less.
[Added 3-12-1984 by Ord. No. 84-3]
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the common use or enjoyment of residents and owners of the development.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly or as tenants by the entirety or as tenants in common.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Land Use Board.
[Amended 7-10-1980 by Ord. No. 80-10; 12-9-2002 by Ord. No. 2002-14]
COVERAGE
[Repealed 8-24-1992 by Ord. No. 92-6 and 8-8-1994 by Ord. No. 94-6]
CRITICAL AREA
Any area which is environmentally sensitive or which, if disturbed during construction, would result in an adverse effect upon the environment, including but not limited to stream corridors, flood hazard areas, slopes equal to or greater than 25%, highly acid or highly erodible soils, areas of high-water table, mature stands of native vegetation and aquifer areas.
[Amended 10-1-2007 by Ord. No. 2007-16]
CUL-DE-SAC
A residential street with access closed at one end and with a vehicular turnaround at the closed end.
CUT
A portion of land surface or area from which earth has been or will be removed, dug, quarried, uncovered, displaced or relocated.
DECOMMISSIONING PLAN
A written plan developed prior to the removal of any solar or wind energy facility which shall include a description of the methods for dismantling and removal of the energy facility and restoration of lands affected by the facility to its original state prior to the installation of the energy facility.
[Added 9-12-2011 by Ord. No. 2011-7]
DENSITY
A number expressing dwelling units per acre.
[Added 3-30-1987 by Ord. No. 87-4]
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to this chapter.
DISTRICT
Synonymous with the term "zone"; part of the territory of the Township to which certain uniform regulations of this chapter apply.
DISTURBANCE
Any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
DIVERSION
A channel with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.
DOLOMITE
A carbonate rock composed of magnesium or calcium carbonate.
[Added 6-10-1996 by Ord. No. 96-9]
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and including control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or the prevention or alleviation of flooding.
DRAINAGE EASEMENT or DRAINAGE RIGHT-OF-WAY
The land required for the installation or maintenance of stormwater, sewer or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow therein to safeguard the public against flood damage.
DRIVEWAY
A privately owned paved or unpaved area allowing access from a street or road into and across private property as a means of ingress and egress of vehicles.
DWELLING
Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Hotels, motels, dormitories, fraternity or sorority houses, rooming and/or boarding houses and other similar group quarters and institutional living space shall not constitute a "dwelling" as defined in this chapter.
DWELLING, MULTIFAMILY
A building occupied or intended for occupancy as separate living quarters for more than two families or more than two households, with direct access from the outside for each family or household or through a common hall; and further provided that separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants of each dwelling unit. Certain features of a "multiple-family dwelling" may be provided in common, including heating facilities, electric and gas service, off-street parking, yards and open space. "Multiple-family dwellings" may include buildings in cooperative or leasehold ownership or in condominium ownership.
DWELLING, ONE-FAMILY
A building occupied or intended for occupancy exclusively by one family or one household, with direct access from the outside; and further provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit.
DWELLING, TWO-FAMILY
A building occupied or intended for occupancy as separate living quarters for no more than two families or two households, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or to a common basement or cellar.
DWELLING UNIT
One or more rooms occupied or intended for occupancy as separate living quarters by one family or household, provided that access by no less than two means is provided from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof.
ECHO HOUSING
Elder cottage housing opportunity units which are government-owned, subsidized detached living quarters accessory to a primary residence. This housing is permitted as a conditional use as regulated by § 90-57F.
[Added 6-14-1993 by Ord. No. 93-5]
EDUCATIONAL USE
Public, parochial and private elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. "Educational uses" shall also include institutions of higher education duly licensed by the State Department of Higher Education. Summer day camps shall not be considered as "educational uses" or accessories to such uses.
ENCROACHMENT
The advancement or entering by gradual steps or by stealth into the possessions or rights of another.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245.[4]
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
ESSENTIAL SERVICE
The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories therewith reasonably necessary for the furnishing of adequate service by such public utility or governmental agency for the public health, safety or general welfare. Essential service shall include firehouses or fire stations and first-aid and emergency-aid squads. Requirements for underground utilities shall be subject to requirements of the Public Utility Commission as well as other municipal ordinances, where appropriate.
FAMILY
Any number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common, but not including those individuals living in a hospital, nursing home, sanitorium, hotel, motel, boardinghouse, fraternity house or similar building or institution.
FARM
The same as "agriculture."
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures, and facilities, producing agricultural or horticultural products, and operating as a single enterprise.
[Added 9-12-2011 by Ord. No. 2011-7]
FARM-SCALE RENEWABLE ENERGY FACILITY
A ground-mounted renewable energy facility which is rated to generate no more than two megawatts of electricity and which constitutes an accessory use on agriculturally assessed land and which occupies no more than 10 acres of total land area.
[Added 9-12-2011 by Ord. No. 2011-7]
FARM VEHICLE
That tractor and/or trailer which is a direct accessory to the farm operation.
[Added 3-12-1984 by Ord. No. 84-3]
FILL
Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by any person or persons.
FINAL APPROVAL
The official action of the Land Use Board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or an approval conditioned upon the posting of such guaranties.[5]
[Amended 12-9-2002 by Ord. No. 2002-14]
FLAG LOT
"Flag lots" are defined as a lot which is configured in the general shape of a flag and flagstaff, where the flagstaff is owned in the fee simple as part of the lot and provides direct access to a paved public street (see § 90-49).
[Added 12-11-1989 by Ord. No. 89-10; amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6; 8-14-2000 by Ord. No. 2000-12; 10-1-2007 by Ord. No. 2007-16]
FLAGSTAFF
The portion of a flag lot lying between the lot frontage and the main portion of the lot containing the yard setback requirements and the buildable area in accordance with the standards set forth in this chapter.
[Added 12-11-1989 by Ord. No. 89-10; amended 10-1-2007 by Ord. No. 2007-16]
FLAT
A dwelling unit built over or under or partly over or under another dwelling unit. No more than one dwelling unit shall be constructed over or partly over another in this design.
[Added 12-11-1989 by Ord. No. 89-10]
FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls of the building. Floor area shall not include areas devoted to mechanical equipment serving the building, areas devoted exclusively to off-street parking and loading space for motor vehicles nor any space where the floor-to-ceiling height shall be less than seven feet. In the case of dwelling units, floor area shall also not include basements.
[Amended 12-11-1989 by Ord. No. 89-10]
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures divided by the total area of the lot upon which they are situated.
[Added 7-7-2014 by Ord. No. 2014-4]
GARAGE
A building or structure used for the storage of one or more vehicles. If it is maintained for the resident occupant of the premises and no service is rendered to the public or business conducted therein, it is a private garage. Any garage other than a private garage is a public garage.
GEOLOGIC HAZARD
A sinkhole, closed depression, disappearing stream, dissolution, fault, fissure, fracture, karst, solution channel, void or other condition evidencing geologic conditions which may be unstable or which may lead to groundwater contamination.
[Added 6-10-1996 by Ord. No. 96-9]
GEOTECHNICAL IMPROVEMENTS
The engineering techniques such as grouting voids, sinkhole repair, and other techniques listed in Table 1[6] used to neutralize geologic hazards such as sinkholes, closed depressions, disappearing streams, dissolutions, faults, fissures, fractures, karsts, solution channels, voids or other conditions evidencing geologic conditions which may be unstable or which may lead to groundwater contamination.
[Added 6-10-1996 by Ord. No. 96-9]
GOVERNING BODY
The Township Committee of the Township of Franklin.
GRADING
Any stripping, cutting, filling, stockpiling or any combination thereof, and includes the land in its cut or filled condition.
GROUND-MOUNTED SOLAR ARRAY
A solar energy system, as defined herein, that is mounted on armatures anchored to the ground with pervious ground cover beneath.
[Added 9-12-2011 by Ord. No. 2011-7]
HAZARDOUS MATERIALS
Includes but is not limited to inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; and coal tar acids, such as phenols and cresols, and their salts.
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of the state, its communities or the nation and that has been so designated pursuant to this chapter.
HOME OCCUPATION
An occupation customarily carried on for gain or support, conducted by members of the family residing in a dwelling unit and conducted solely within the dwelling or accessory building, such as dressmaking, millinery, machine repairs, home baking, handcrafting and the like, provided that:
A. 
The occupation does not occupy more than 25% of any floor in the dwelling.
B. 
There is no display of signs or merchandise visible from the street and no exterior advertising except an announcement sign no greater than two square feet in area.
C. 
No machinery or equipment is used which will cause electrical or other interference with radio and television reception in adjacent residences.
HOME PROFESSIONAL USE
An occupation, including but not limited to any licensed profession, conducted in a dwelling unit, subordinate to its residential use, provided that:
A. 
There is no display of signs or merchandise visible from the street and no exterior advertising except a professional nameplate no greater than two square feet in area.
B. 
The use does not occupy more than 25% of the area of one floor in the dwelling.
C. 
No person other than members of the family residing on the premises, plus one secretary and/or other assistant, shall be engaged in such occupation.
HOTEL, MOTOR HOTEL or MOTEL
A building designed for occupancy as a temporary residence of one or more persons who are lodged with or without meals.
HOUSE OF WORSHIP
Lands and buildings devoted to and used exclusively for religious worship or asylum and entitled to exemption from taxation pursuant to the provisions of N.J.S.A. 54:4-3.6.
[Added 6-9-2003 by Ord. No. 2003-13]
IMPROVED LOT COVERAGE
That portion of one lot or more than one lot (or of a tract or portion of a tract if the context in which the term is used indicates that such is meant) which is improved or is proposed to be improved with principal and accessory buildings and structures, including driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface.
[Amended 12-11-1989 by Ord. No. 89-10]
INDUSTRIAL
Of, relating to, concerning, or arising from the assembling, fabrication, finishing, manufacturing, packaging, or processing of goods.
[Added 9-12-2011 by Ord. No. 2011-7]
INTERNAL COLLECTOR STREET
A privately owned and maintained street located within a planned unit development serving and collecting traffic generated by such development and connecting to a public street or streets.
[Added 12-11-1989 by Ord. No. 89-10]
KARST
A type of topography that is formed over limestone or carbonate rock by dissolving or solution of the carbonate rocks, characterized by sinkholes, closed depressions, caves, solution channels, internal drainage and irregular bedrock surfaces.
[Added 6-10-1996 by Ord. No. 96-9]
LANDSCAPING SCREEN OR BUFFER
A grouping of trees, shrubs and/or other vegetation for the purpose of blocking the view of one property to another as would be required to provide privacy or mitigate undesirable views.
[Added 9-12-2011 by Ord. No. 2011-7]
LAND USE BOARD
The Land Use Board established pursuant to § 90-4.
[Amended 12-9-2002 by Ord. No. 2002-14]
LARGE WIND ENERGY SYSTEM
A wind energy system that is not a small wind energy system.
[Added 9-12-2011 by Ord. No. 2011-7]
LIMESTONE
A carbonate sedimentary rock consisting chiefly of calcium carbonate. "Limestone" is commonly used as a general term for limestone or dolomite.
[Added 6-10-1996 by Ord. No. 96-9]
LIVESTOCK
Animals which are raised, kept or maintained as for the provision of a product or service which, for the purpose of this chapter, shall be interpreted to include, among others, cattle, horses, sheep, goats, swine, chickens and fur-bearing animals such as mink or chinchilla.
LOT
A designated parcel, tract or area of land, established by a plan or otherwise as permitted by law, to be used, developed or built upon as a unit.
LOT AREA
The computed area contained within the lot lines, but not including any streets or rights-of-way, or the flagstaff of a flag lot in accordance with § 90-49B(2) of this chapter.
[Amended 10-1-2007 by Ord. No. 2007-16]
LOT AVERAGING
A residential development option that allows a range of minimum lot areas, provided that the maximum density for the parcel is not exceeded as determined by the qualifying map procedure as set forth in this chapter.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6; 4-2-2007 by Ord. No. 2007-8]
LOT COVERAGE
The area of a lot covered by any impervious surfaces, such as buildings, structures, pavement and other materials, which reduce the natural absorption of stormwater into previously undeveloped land by more than 15%.
[Amended 3-30-1987 by Ord. No. 87-4]
LOT DEPTH
The average of the horizontal distances between the front lot line and the rear lot line, measured perpendicular to the front lot line at either end and at the midpoint of the front lot line. Lot depth for a flag lot shall be measured from point of intersection of the flagstaff and the main portion of the lot.
[Amended 10-1-2007 by Ord. No. 2007-16]
LOT FRONTAGE
The length of the front lot line as measured at the street right-of-way in accordance with the standards set forth in this chapter.
[Amended 10-1-2007 by Ord. No. 2007-16]
LOT LINE
A line of record bounding one lot.
LOT LINE, FRONT
A lot line separating the lot from the road right-of-way.
LOT LINE, REAR
The lot line opposite the most distant from the front lot line or the point at which the two side lot lines meet, as the case may be.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. A side lot line separating a lot from a road is called a "side lot line."
LOT WIDTH
The shortest distance between the side lot lines measured parallel to the front lot line at the minimum front yard building setback line, synonymous with the rearmost limit of the required front yard area. Lot width for a flag lot shall be measured at the front yard setback line established in accordance with the standards set forth in § 90-49B(3).
[Amended 10-31-1988 by Ord. No. 88-9; 10-1-2007 by Ord. No. 2007-16]
LOW AND MODERATE INCOME
An income level which is equivalent, in the case of the term "low income," to the very low income level and, in the case of the term "moderate income," to the low income level established by the United States Department of Housing and Urban Development, pursuant to 42 U.S.C. § 1437a(b) and pertaining for the Township at the time of the relevant rental or sale of an involved dwelling unit. The term "family" or "household," when used with or in the context of the term "low and moderate income" or "lower income," shall have the meaning ascribed to the singular of the word "families" in the above code provision. In all events, the foregoing terms in quotations shall have the meanings attributed to them by then-current regulations adopted by COAH.
[Added 12-11-1989 by Ord. No. 89-10]
LOWER INCOME
See "low and moderate income."
[Added 12-11-1989 by Ord. No. 89-10]
LOW-IMPACT STORAGE
A building designed and operated primarily for the storage of goods and materials, rather than operated for the short-term transshipment and distribution of goods and materials, and not including bulk storage of chemicals, petroleum products and similar materials. Items prohibited from storage include items such as explosives, munitions, corrosive materials and toxic, hazardous or chemical materials.
[Added 6-25-2001 by Ord. No. 2001-6]
LOW-INCOME HOUSING
Housing which, with the appropriate purchase or rental subsidy, is economically feasible for families whose income is categorized as low within the standards existing from time to time and promulgated by the United States Department of Housing and Urban Development, the New Jersey Housing Finance Agency or other generally acceptable state or federal agencies.
MAINTENANCE GUARANTY
Any security, other than cash, that may be accepted by the municipality for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
The planning studies and maps entitled "Design for Franklin, Volume 1," and "Summary Master Plan, Volume 2," as duly adopted by the Planning Board of the Township of Franklin on December 20, 1978, until further amendment and supplementation.[7]
MET TOWER
A meteorological tower used for gathering atmospheric information, such as wind speed and direction.
[Added 9-12-2011 by Ord. No. 2011-7]
MINISTER
A person authorized to conduct services of worship.
[Added 6-9-2003 by Ord. No. 2003-13]
MINOR SUBDIVISION
The subdivision of a single lot, tract or parcel of land into not more than one lot, tract or parcel of land plus a remainder shall constitute a minor subdivision; provided, further, that none of the lots, tracts or parcels included in the subdivision shall involve any planned development, any new street or any extension of any off-tract improvement. Any lot, tract or parcel created by the approval of a minor subdivision shall not be the further subject of a minor subdivision for two years from the date of final approval by the Land Use Board of the previous minor subdivision which created the remaining lot.
[Amended 3-12-1984 by Ord. No. 84-3; 4-8-2002 by Ord. No. 2002-4; 12-9-2002 by Ord. No. 2002-14]
MOBILE HOME
Those trailers built upon a frame that were originally pulled on wheels to their destination and used solely for living purposes, not for storage or recreation of any kind, or as specified with a permit for construction.
[Added 3-12-1984 by Ord. No. 84-3]
MUNICIPAL AGENCY
The Land Use Board or governing body or any agency created by or responsible to the municipality when acting pursuant to this chapter.
[Amended 12-9-2002 by Ord. No. 2002-14]
NONCONFORMING BUILDING
A building or structure or portion thereof lawfully existing as of the date of the adoption of this chapter which was designed, erected or structurally altered so that it does not conform to the regulations of the district in which it is located.
NONCONFORMING LOT
A lot or a parcel which does not have a minimum width or contain the minimum area for the zone in which it is located or the use to which it is being put.
NONCONFORMING STRUCTURE
A structure, the size, dimensions and location of which were lawful prior to the adoption, revision or amendment of a zoning ordinance.
NONCONFORMING USE
A use which lawfully occupies a building or land as of the date of the adoption of this chapter and which does not conform to the use regulations of the district in which it is located.
NOTICE OF ABANDONMENT
Correspondence issued by a Township Official, via certified mail with return receipt requested, to the owner of a facility after the facility has been unoccupied or out of service for 12 months. Said correspondence shall outline the reason for which the facility has been deemed abandoned and all associated and/or required steps required to be taken by facility owner.
[Added 9-12-2011 by Ord. No. 2011-7]
NUISANCE
An offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affect a human being of ordinary sensibility; or the generation of an excessive or concentrated movement of people or things, such as but not limited to noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise or congregation of people, especially at night, passenger traffic, transportation of things by truck, rail or other means and invasion of nonabutting frontage by parking.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for two or more children from two to six years of age, inclusive, and operated on a regular basis.
NURSING HOME
A building providing shelter and/or supplemental health care for the elderly or infirmed and meeting the standards of the New Jersey State Department of Institutions and Agencies to operate as a "nursing home."
OBSTRUCTION
Includes but is not limited to any structure, fill, excavation, channel modification, rock, gravel, refuse or matter in, along, across or projecting into any channel, watercourse or flood area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to pose a danger to life or property.
OFFICIAL COUNTY MAP
The map, with changes and additions therein, adopted and established from time to time by resolution of the Board of Chosen Freeholders of the County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
The map adopted pursuant to Article 5 of the Municipal Land Use Law.[8]
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or within a contiguous portion of a street or right-of-way.
OFF-TRACT
Located neither on the property that is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property that is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OWNER
An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to develop the same under this chapter.
PARKING AREA, PRIVATE
Any open area used for the temporary storage of automobiles and other vehicles for the private use of the owners or occupants of the lot on which the area is located.
PARKING AREA, PUBLIC
Any open area, other than a road or other public way, used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation or as an accommodation for clients, customers or employees.
PARKING SPACE
An area of not less than 200 square feet (10 feet wide and 20 feet long) for the parking of a motor vehicle either within a structure or garage or in the open, which, except in the case of residential properties, shall be exclusive of driveways or access drives.
PARSONAGE
The residence of any minister of a religion.
[Added 6-9-2003 by Ord. No. 2003-13]
PENNSYLVANIA-NEW JERSEY-MARYLAND INTERCONNECTION (PJM)
A regional transmission organization (RTO) that manages the high-voltage electric grid and coordinates the movement of wholesale electricity in all or parts of 13 states and the District of Columbia.
[Added 9-12-2011 by Ord. No. 2011-7]
PERCOLATION TEST
A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.
PERFORMANCE GUARANTY
Any security that may be accepted by the municipality, including cash, provided that the municipality shall not require more than 10% of the total "performance guaranty" in cash.
PERMITTED USE
Any use which shall be allowed subject to the provisions of this chapter.
PESTICIDE
Any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
PHOTOVOLTAIC (PV) SYSTEM
A system which uses one or more solar panels and associated equipment to convert solar radiation into energy. Also referred to as a solar energy system.
[Added 9-12-2011 by Ord. No. 2011-7]
PLANNED COMMERCIAL DEVELOPMENT
An area with a minimum contiguous acreage of 20 acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
[Amended 9-28-1987 by Ord. No. 87-9]
PLANNED DEVELOPMENT
Planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area with a minimum contiguous acreage of 50 acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by this chapter.
[Amended 9-28-1987 by Ord. No. 87-9]
PLANNED UNIT DEVELOPMENT
With respect to the PD Planned Development Option Zoning District, an area with a minimum contiguous acreage consisting of the entire PD Planned Development Option Zoning District to be developed as a single entity according to a plan, containing one residential cluster (with common and/or public open space) and one commercial area in the ratio of nonresidential uses to residential uses specified for such Zoning District.
[Added 12-11-1989 by Ord. No. 89-10]
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five acres or more, to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.[9]
PLAT
The map of a subdivision.
PLAT, FINAL
The final map of all or a portion of the subdivision which is presented to the Land Use Board for final approval in accordance with this chapter and which, if approved, shall be filed with the Clerk of the County of Warren for recording in accordance with law. A plat that receives final approval shall have been prepared by a New Jersey licensed professional engineer or land surveyor in accordance with all of the provisions of Chapter 141 of the Laws of 1960.[10]
[Amended 12-9-2002 by Ord. No. 2002-14]
PLAT, SKETCH
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of Article VII of this chapter.
PREAPPLICATION CONFERENCE
A conference attended by the Township Planner, Engineer, Zoning Officer or their representative, a representative of the Environmental Commission and other boards or agencies as may be required for a specific application.
[Amended 9-28-1987 by Ord. No. 87-9]
PRELIMINARY APPROVAL
The conferral of certain rights as to site plans and major subdivisions pursuant to Articles VII and IX prior to final approval and after specific elements of a development plan have been agreed upon by the Land Use Board and the applicant.
[Amended 12-9-2002 by Ord. No. 2002-14]
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its size and immediate environs.
PRESERVED FARM RENEWABLE ENERGY FACILITY
A ground-mounted renewable energy generating facility which constitutes an accessory use on a preserved farm and which shall be permitted at a scale not to exceed 110% of the previous year's energy demand for the farm management unit or one-percent coverage of the total acreage of the farm management unit whichever is greater. In no case shall a facility be rated to generate more than two megawatts of electricity.
[Added 9-12-2011 by Ord. No. 2011-7]
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which the building is located.
PRINCIPAL USE
The primary use to which land or buildings are devoted.
PROFESSIONAL OFFICE
The office of a physician, dentist, attorney, engineer, certified public accountant or other professional person holding a license or certificate from the state or agency thereof.
PROFESSIONAL OFFICE BUILDING
A building in which is located one or more professional offices, as defined herein.
PROHIBITED USE
Any use which shall not be allowed under any circumstances.
PUBLIC AREAS
Public parks, playgrounds, trails, paths and other recreational areas and public open spaces, scenic and historic sites and sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or dedicated to and accepted by the municipality, a municipal agency, the regional Board of Education, a state or County agency or any other state or County agency or public body for recreational and/or open space uses. See, however, § 90-69D(19)(a).
[Amended 12-11-1989 by Ord. No. 89-10]
PUBLIC UTILITY STRUCTURES
Electrical substations, pumping stations, treatment facilities and lines, pipes and similar transmission facilities and electric, gas and other utility distribution lines.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6]
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings or navigable waterways.
[Added 12-28-1998 by Ord. No. 98-16]
QUALIFYING MAP
A procedure to determine the residential lot yield in a cluster or lot average subdivision by which a conventional subdivision layout is prepared in accordance with the applicable zone district lot area and bulk standards.
[Added 4-2-2007 by Ord. No. 2007-8]
QUORUM
The majority of the full authorized membership of a municipal agency.
RAINFALL EXCESS
The portion of rainfall which becomes direct surface runoff.
RECREATIONAL VEHICLE
That motor vehicle, whether self-propelled or pulled, which is registered with the New Jersey Department of Motor Vehicles and used solely for recreational purposes as described below:
[Added 3-12-1984 by Ord. No. 84-3]
A. 
A self-propelled vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term uses, which may contain cooking, sleeping and sanitary facilities.
B. 
A structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another.
C. 
A portable vehicular structure built on a chassis, designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. This camping vehicle is designed to have a temporary tent erected above the four-foot level for camping activities.
RECREATION, COMMERCIAL
Facilities operated as a business and open to the public for a fee.
RECREATION, COMMERCIAL, PRIVATE
Facilities operated as a business and open only to bona fide members and guests of such organization.
RECREATION, NONCOMMERCIAL, PRIVATE
Facilities operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
RENEWABLE ENERGY FACILITY
A facility and all associated equipment, including access roadways and required buffers, that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
[Added 9-12-2011 by Ord. No. 2011-7]
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units that have a common or public open space area as an appurtenance and in accordance with the qualifying map procedure as set forth in this chapter; same as "cluster development."
[Amended 4-2-2007 by Ord. No. 2007-8]
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets and open space portions of a development but excluding prior easements.
RESIDENTIAL-SCALE RENEWABLE ENERGY FACILITY
A renewable energy facility which is rated to generate no more than 15 kilowatts of electricity, accomplished by ground- or roof-mounted energy facilities, and which constitutes an accessory use to a principal residential or commercial use.
[Added 9-12-2011 by Ord. No. 2011-7]
RESUBDIVISION
Any replatting or resubdivision of land, limited to changes in lot lines as approved or recorded according to law. Other replattings shall be considered as constituting a new subdivision of land. See also "subdivision."
ROOFTOP SOLAR ARRAY
A solar energy system, as defined herein, that is used to generate electricity.
[Added 9-12-2011 by Ord. No. 2011-7]
ROOMING HOUSE
[Repealed 8-24-1992 by Ord. No. 92-6 and 8-8-1994 by Ord. No. 94-6]
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
[Added 9-12-2011 by Ord. No. 2011-7]
SEARCH AREA
That geographic area (which may or may not extend beyond municipal boundary lines) within which additional wireless telecommunications facilities are required to provide reliable and adequate coverage consistent with the licensing requirements of the Federal Communications Commission (FCC).
[Added 12-28-1998 by Ord. No. 98-16]
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported or has been removed from its site of origin by air, water or gravity as a product of erosion.
SEDIMENTATION
The deposit of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SEDIMENT BASIN
A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other material.
SHOPPING CENTER
Two or more retail commercial establishments located in one building or structure designated as a planned commercial development, as defined herein.
SIGN and/or ADVERTISING STRUCTURE
Includes every sign, billboard, ground sign, roof sign, message or symbol painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning, banner and canopy; and shall include the announcement, declaration, demonstration, display, illustration or insignia used to advertise, promote the interest or notify of the existence or location of any person or product when the same is placed out of doors in view of the general public. The term "sign" shall not apply to a religious symbol, unaccompanied by lettering, when applied to a cornice, tower or spire of a place of worship. When signs of a certain type are stated to be permitted in any zone or district, such provision shall be construed as prohibiting any other type of sign.
[Amended 11-29-1993 by Ord. No. 93-7]
SIGN AREA
The entire face of a sign, including the advertising surface and framing, trim or molding, but not including the supporting structure. Signs with two exposures shall be measured for area by using the surface of one side of the sign only, provided that both exposures cannot be viewed from any point at the same time.
[Added 11-29-1993 by Ord. No. 93-7]
SIGN, PORTABLE
Any sign visible from any location off the lot on which the sign is located and not permanently attached to the ground or a permanent structure, or designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons larger than two feet in diameter used as signs; and umbrellas used for advertising.
[Added 11-29-1993 by Ord. No. 93-7; amended 12-30-1994 by Ord. No. 94-8]
SITE PLAN
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination as to approval of the plan by the Land Use Board pursuant to Article IX of this chapter.
[Amended 12-9-2002 by Ord. No. 2002-14]
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined in this section, that is used to generate electricity, has a nameplate capacity of 20 kilowatts or less; and is as high as necessary to capture the wind energy resource at maximum of 150 feet in height.
[Added 9-12-2011 by Ord. No. 2011-7]
SOIL
All unconsolidated mineral and organic material of whatever origin that overlies bedrock.
SOIL EROSION AND SEDIMENTATION CONTROL PLAN
A plan developed in accordance with the broad principles contained in this chapter based on the specific standards and specifications of the latest edition of Standards for Soil Erosion and Sediment Control in New Jersey and designed to prevent soil erosion and sedimentation.
SOLAR ENERGY SYSTEM
A system including solar panels, and all necessary associated equipment, able and used to convert solar radiation into electrical power, heat water, produce hot air or other similar function.
[Added 9-12-2011 by Ord. No. 2011-7]
SOLAR PANEL
A panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
[Added 9-12-2011 by Ord. No. 2011-7]
SPECIAL PERMIT
A permit directed to be issued pursuant to N.J.S.A. 40:55D-76 for a building or structure in the bed of a mapped street or public drainageway or flood-control basin or public area or for the erection of a building or structure on a lot that does not abut a street.
STORMWATER DETENTION
Any storm drainage technique which retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREAM ENCROACHMENT PERMIT
A permit issued by the Department of Environmental Protection under the provisions of N.J.S.A. 58:1-26.[11]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way that is an existing state, County or municipal roadway or that is shown upon a plat heretofore approved pursuant to law or that is approved by official action as provided by this chapter or that is shown on a plat duly filed and recorded in the office of the County recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, including the land between the street lines, whether improved or unimproved, and whether or not comprising pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas.
[Amended 12-9-2002 by Ord. No. 2002-14]
STREET, ARTERIAL
Interstate or state highways carrying the major portion of through traffic in the Township.
STREET, COLLECTOR
A street which carries traffic from minor streets to the secondary, primary and arterial roads, and includes the principal entrance street(s) of a residential development.
STREET, INTERNAL OR SERVICE
Minor ways used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
STREET LINE
The line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. In cases where title runs to the center of the street subject to the public easement, the curbline, if any, shall be considered the "street line." On a street shown on the adopted Master Plan of the Township, the "street line" shall be considered to be the proposed right-of-way line for the street.
STREET, MARGINAL ACCESS
A minor street which is parallel to and adjacent to an arterial or primary road and which provides access to abutting properties and protection from through traffic and does not impede traffic flow on the major road.
STREET, MINOR
A street which is used primarily for access to the abutting properties and not for through traffic; also known as a "local street"; and includes culs-de-sac.
STREET, PRIMARY
State and County roads carrying through traffic and traffic from one part of the Township to another.
STREET, PRIVATE
Those minor streets giving frontage to no more than one lot as provided for in this chapter. A "private street" shall be so labeled upon any subdivision plat showing the same and shall be marked "not dedicated to public use."
STREET, SECONDARY
County and local roads designed to move traffic originating in the Township to the primary and arterial highways.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as beams, columns or girders, or change in exit facilities.
STRUCTURE
Anything constructed or erected which has or requires permanent location on the ground or attachment to something having such location.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created: divisions of land found by the Land Use Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Township. The term "subdivision" shall also include the term "resubdivision."
[Amended 9-28-1987 by Ord. No. 87-9; 12-9-2002 by Ord. No. 2002-14]
SUBDIVISION COMMITTEE
A committee of at least three Land Use Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions in accordance with the provisions of this chapter and having such other duties relating to land subdivision as may be conferred on this Committee by the Board.
[Amended 12-9-2002 by Ord. No. 2002-14]
SWIMMING POOL
A body of water impounded in a receptacle located in or on the ground and having either permanent or temporary location thereon and used for bathing or swimming therein. A wading pool with a depth of less than 18 inches and portable swimming devices located above the ground level with an area of less than 100 square feet and a water depth of less than 24 inches, temporary in character and constructed of materials such as plastic or vinyl, shall not be deemed a "swimming pool."
[Amended 9-28-1987 by Ord. No. 87-9]
TOWNHOUSE
A building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by party walls extending from the foundation to the roof and providing two direct means of access from the outside and provided with separate cooking, sleeping and sanitary facilities and separate facilities for electric service, heating facilities and gas service. For the purpose of this chapter, a townhouse may include a building in fee simple, condominium or cooperative ownership or any combination thereof.
TOWNSHIP ENGINEER
The municipal official designated by the governing body as the Township Engineer.
TOWNSHIP OFFICIAL
A Township employee, consultant or individual holding public office and/or having official duties as assigned by the Township, and authorized to represent the Township.
[Added 9-12-2011 by Ord. No. 2011-7]
TRACT
An area of land composed of one or more lots adjacent to one another having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. As used with reference to the PD Planned Development Option Zoning District, the term "tract" means the whole of said zoning district.
[Added 12-11-1989 by Ord. No. 89-10]
TRAILER
A vehicle used for living or sleeping purposes and standing on wheels or on rigid supports. No trailer may be used as a permanent residence in any zone of the Township of Franklin.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
USE VARIANCE
A variance from zoning regulations granted pursuant to § 90-21A(4) for special reasons.
UTILITY-SCALE RENEWABLE ENERGY FACILITY
A renewable energy facility which is rated to produce greater than two megawatts of electricity and which constitutes a principal use on the property.
[Added 9-12-2011 by Ord. No. 2011-7]
VARIANCE
A variance from zoning regulations granted pursuant to § 90-21A(3) to relieve difficulties of hardship or pursuant to § 90-21A(4) for special reasons or to achieve optimum design of conventional subdivision through lot, yard or setback averaging.
VEGETATIVE PROTECTION
Stabilization of erosive or sediment-producing areas by covering the soil with permanent seeding producing long-term vegetative cover or by short-term seeding producing temporary cover or by sodding producing areas covered with a turf or perennial sod-forming grass.
VEHICULAR SALES AREA
An open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where no repair work is done.
WETLANDS
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation"; or areas designated by the Department of Environmental Protection as wetlands pursuant to N.J.A.C. 13:9B-1 and/or N.J.A.C. 7:7A-1.1 et seq.
[Added 6-12-1989 by Ord. No. 89-6]
WIND ENERGY SYSTEM OR FACILITIES
A single, or series of, wind generator(s) and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
[Added 9-12-2011 by Ord. No. 2011-7]
WIND GENERATOR
Equipment or device that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanism.
[Added 9-12-2011 by Ord. No. 2011-7]
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic electrical energy produced from wind, solar or photovoltaic technologies, whether such a facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
[Added 9-12-2011 by Ord. No. 2011-7]
WIND TURBINE OR TOWER
Equipment that converts energy from the wind into electricity. This term includes the base, blade, foundation, nacelle, rotor, blades, tower, transformer, vane, wire, inverter, batteries and/or other components to store and/or transfer energy.
[Added 9-12-2011 by Ord. No. 2011-7]
WIRELESS TELECOMMUNICATIONS ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signals or electromagnetic waves for wireless communications.
[Added 12-28-1998 by Ord. No. 98-16]
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
A fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.
[Added 12-28-1998 by Ord. No. 98-16]
WIRELESS TELECOMMUNICATIONS FACILITIES
Wireless telecommunications structures, antennas, equipment and/or towers, including buildings and/or structures and equipment for the delivery of wireless telecommunications, except for domestic satellite dish antennas. This definition shall not include any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
[Added 12-28-1998 by Ord. No. 98-16]
WIRELESS TELECOMMUNICATIONS TOWER
A vertical structure specifically designed to support wireless telecommunications antennas.
[Added 12-28-1998 by Ord. No. 98-16]
YARD
An open space which lies between the principal or accessory building or buildings and the nearest lot line, unoccupied and unobstructed from the ground upward except as herein permitted.
YARD, FRONT
An open space extending across the full width of the lot, the depth of which is the minimum horizontal distance between the nearest point on the street line and the nearest part of the main or accessory building.
YARD, REAR
An open space extending the full width of the lot between the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line. Only accessory structures shall be located in the rear yard in accordance with the provisions of this chapter.
YARD, SIDE
An open space extending from the front yard to the rear yard between the main building and the side lot line. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
ZONING PERMIT
A document signed by the Zoning Officer which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledged that such use, structure or building complies with all provisions of this chapter or a variance therefrom duly authorized according to law.
[1]
Editor's Note: The former definition of "Board of Adjustment," which definition immediately followed this definition, was repealed 12-9-2002 by Ord. No. 2002-14.
[2]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included at the end of this chapter.
[3]
Editor's Note: The former definition of "church," which immediately followed this definition, was repealed 6-9-2003 by Ord. No. 2003-13.
[4]
Editor's Note: See N.J.S.A. 40:56A-1 et seq.
[5]
Editor's Note: The definitions of terms relating to flood hazard areas which originally followed this definition were deleted 9-28-1987 by Ord. No. 87-9. See now Ch. 80, Flood Damage Prevention.
[6]
Editor's Note: Table 1 is located at the end of this chapter.
[7]
Editor's Note: The Master Plan is on file in the office of the Township Clerk.
[8]
Editor's Note: See N.J.S.A. 40:55D-32 through 40:55D-36.
[9]
Editor's Note: The former definition of "Planning Board," which definition immediately followed this definition, was redesignated as "Land Use Board" 12-9-2002 by Ord. No. 2002-14 and subsequently relocated to maintain the alphabetical sequence of this section.
[10]
Editor's Note: See N.J.S.A. 46:23-9.9.
[11]
Editor's Note: This provision was repealed by L. 1981, c. 262, § 26, effective 8-13-1981. See now N.J.S.A. 58:16A-50 et seq.