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."
B.Â
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)Â
Guide the appropriate use or development of all lands
in a manner that will promote the public health, safety, morals and
general welfare.
(2)Â
Secure safety from fire, flood, panic and other natural
and man-made disasters.
(3)Â
Provide adequate light, air and open space.
(4)Â
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)Â
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)Â
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
(7)Â
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)Â
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)Â
Promote a desirable visual environment through creative
development techniques and good civic design and arrangement.
(10)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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:
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]
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]
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]
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.
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.
A developer submitting an 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.
An application for development that seeks the direction of
the issuance of a special permit.
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]
A unique, sandy, loamy, water-bearing stratum serving as
a recharge area of the water table.
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.
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.
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]
An area bounded by three or more streets.[1]
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]
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.
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.
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]
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]
A structure in which is conducted the principal use of the
site on which it is situated.
The line within a property defining the minimum required
distance between any building to be erected and an adjacent right-of-way.
A governmental acquisition of real property or a major construction
project.
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]
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]
Rock consisting chiefly of calcium and magnesium carbonates,
such as limestone and dolomite.
[Added 6-10-1996 by Ord. No. 96-9]
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]
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
Same as "basement."
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.
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.
A watercourse with a definite bed and banks which confine
and conduct continuously or intermittently flowing water.[3]
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
A 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]
Same as "residential cluster."
The New Jersey Council on Affordable Housing.
[Added 12-11-1989 by Ord. No. 89-10]
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]
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.
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.
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]
[Repealed 8-24-1992 by Ord. No.
92-6 and 8-8-1994 by Ord. No. 94-6]
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]
A residential street with access closed at one end and with
a vehicular turnaround at the closed end.
A portion of land surface or area from which earth has been
or will be removed, dug, quarried, uncovered, displaced or relocated.
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]
A number expressing dwelling units per acre.
[Added 3-30-1987 by Ord. No. 87-4]
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.
Synonymous with the term "zone"; part of the territory of
the Township to which certain uniform regulations of this chapter
apply.
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.
A channel with or without a supporting ridge on the lower
side, constructed across or at the bottom of a slope.
A carbonate rock composed of magnesium or calcium carbonate.
[Added 6-10-1996 by Ord. No. 96-9]
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
The advancement or entering by gradual steps or by stealth
into the possessions or rights of another.
A municipal advisory body created pursuant to P.L. 1968,
c. 245.[4]
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
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.
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.
The same as "agriculture."
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]
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]
That tractor and/or trailer which is a direct accessory to
the farm operation.
[Added 3-12-1984 by Ord. No. 84-3]
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by any person or persons.
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 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]
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]
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]
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]
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]
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.
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]
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]
The Township Committee of the Township of Franklin.
Any stripping, cutting, filling, stockpiling or any combination
thereof, and includes the land in its cut or filled condition.
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]
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.
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.
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:
The occupation does not occupy more than 25%
of any floor in the dwelling.
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.
No machinery or equipment is used which will
cause electrical or other interference with radio and television reception
in adjacent residences.
An occupation, including but not limited to any licensed
profession, conducted in a dwelling unit, subordinate to its residential
use, provided that:
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.
The use does not occupy more than 25% of the
area of one floor in the dwelling.
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.
A building designed for occupancy as a temporary residence
of one or more persons who are lodged with or without meals.
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]
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]
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]
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]
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]
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]
The Land Use Board established pursuant to § 90-4.
[Amended 12-9-2002 by Ord. No. 2002-14]
A wind energy system that is not a small wind energy system.
[Added 9-12-2011 by Ord. No. 2011-7]
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]
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.
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.
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]
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]
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]
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]
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]
A line of record bounding one lot.
A lot line separating the lot from the road right-of-way.
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.
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."
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]
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]
See "low and moderate income."
[Added 12-11-1989 by Ord. No. 89-10]
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]
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.
Any security, other than cash, that may be accepted by the
municipality for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a minor subdivision.
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]
A meteorological tower used for gathering atmospheric information,
such as wind speed and direction.
[Added 9-12-2011 by Ord. No. 2011-7]
A person authorized to conduct services of worship.
[Added 6-9-2003 by Ord. No. 2003-13]
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]
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]
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]
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.
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.
A structure, the size, dimensions and location of which were
lawful prior to the adoption, revision or amendment of a zoning ordinance.
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.
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]
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.
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.
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."
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.
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.
The map adopted pursuant to Article 5 of the Municipal Land
Use Law.[8]
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.
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.
Located on the lot in question.
Located on the property that is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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.
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.
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.
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.
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.
The residence of any minister of a religion.
[Added 6-9-2003 by Ord. No. 2003-13]
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]
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.
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.
Any use which shall be allowed subject to the provisions
of this chapter.
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.
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]
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 unit residential development, residential cluster,
planned commercial development or 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]
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]
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]
The map of a subdivision.
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]
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.
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]
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.
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]
A building in which is conducted the main or principal use
of the lot on which the building is located.
The primary use to which land or buildings are devoted.
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.
A building in which is located one or more professional offices,
as defined herein.
Any use which shall not be allowed under any circumstances.
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.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
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]
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]
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
[Added 12-28-1998 by Ord. No. 98-16]
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]
The majority of the full authorized membership of a municipal
agency.
The portion of rainfall which becomes direct surface runoff.
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 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.
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.
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.
Facilities operated as a business and open to the public
for a fee.
Facilities operated as a business and open only to bona fide
members and guests of such organization.
Facilities operated by a nonprofit organization and open
only to bona fide members and guests of such nonprofit organization.
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]
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]
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.
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]
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."
A solar energy system, as defined herein, that is used to
generate electricity.
[Added 9-12-2011 by Ord. No. 2011-7]
[Repealed 8-24-1992 by Ord. No.
92-6 and 8-8-1994 by Ord. No. 94-6]
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]
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]
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.
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.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other material.
Two or more retail commercial establishments located in one
building or structure designated as a planned commercial development,
as defined herein.
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]
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]
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]
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]
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]
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock.
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.
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]
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]
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.
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.
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.
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.
A permit issued by the Department of Environmental Protection
under the provisions of N.J.S.A. 58:1-26.[11]
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]
Interstate or state highways carrying the major portion of
through traffic in the Township.
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.
Minor ways used primarily for vehicular service access to
the rear or side of properties otherwise abutting on a street.
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.
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.
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.
State and County roads carrying through traffic and traffic
from one part of the Township to another.
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."
County and local roads designed to move traffic originating
in the Township to the primary and arterial highways.
Any change in the supporting members of a building, such
as beams, columns or girders, or change in exit facilities.
Anything constructed or erected which has or requires permanent
location on the ground or attachment to something having such location.
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]
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]
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]
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.
The municipal official designated by the governing body as
the Township Engineer.
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]
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]
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.
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.
A variance from zoning regulations granted pursuant to § 90-21A(4)
for special reasons.
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]
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.
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.
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.
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]
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]
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]
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]
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]
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]
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 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]
A vertical structure specifically designed to support wireless
telecommunications antennas.
[Added 12-28-1998 by Ord. No. 98-16]
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.
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.
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.
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.
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.
