The short title by which this chapter shall
be known shall be the "Zoning and Subdivision Ordinance of the Township
of Franklin."
This chapter is adopted pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) in order to promote and protect
the public health, safety, morals and general welfare, and in furtherance
of the following related and more specific objectives:
A.
To encourage Township action to guide the appropriate
use or development of all lands, in a manner which will promote the
public health, safety, morals, and general welfare.
B.
To secure safety from fire, flood, panic and other
natural and man-made disasters.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of the Township does
not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole.
E.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons and neighborhoods.
F.
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
G.
To 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 citizens.
H.
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight.
I.
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
J.
To 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.
K.
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land.
In the interpretation and the application of
the provisions of this chapter, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. This chapter is not intended to interfere with, abrogate
or annul other rules, regulations or ordinances, provided that where
this chapter imposes greater restrictions upon the use of buildings
or premises, or upon the height or bulk of a building, or requires
larger open spaces, the provisions of this chapter shall apply.
As used in this chapter, the following terms
shall have the meanings indicated:
A building or use that is incidental to the principal building
or use on the same lot.
The Director of Land Use or such person designated by this
chapter.
A facility that provides a variety of supervised therapeutic,
social and recreational activities for adults who cannot live independently
(due to physical or mental impairment), but do not need twenty-four-hour
institutional care.
[Added 12-8-2020 by Ord.
No. 4333-20]
As applies to a building or a structure, any change or rearrangement
in the structural parts or facilities, or any enlargement to or diminution
of a building or structure, whether horizontally or vertically, or
the moving of a building or structure from one location to another.
A developer submitting an application for development.
An application form completed as specified by this chapter
and the rules and regulations of the board or agency before which
the application is to be presented and all accompanying documents,
information and fees required by ordinance for approval of the application
for development, including where applicable, but not limited to, a
site plan, subdivision plat, D Variance (use variance) or C Variance
(hardship variance) provided that the board or agency may require
such additional information not specified in this chapter, or any
revisions in the accompanying documents, as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of such additional
information or any revisions in the accompanying documents so required
by the municipal board or agency. An application shall be certified
as complete immediately upon the meeting of all requirements specified
in the ordinance and in the rules and regulations of the municipal
board or agency, and shall be deemed complete as of the day it is
so certified by the administrative officer for purposes of the commencement
of the time period for action by the municipal agency.
[Amended 5-24-2011 by Ord. No. 3934]
The Planning Board of the municipality unless a different
agency is designated by ordinance when acting pursuant to the authority
of the Municipal Land Use Law.
Any building, land area or other premises, or portion thereof,
used or intended to be used for the retail dispensing or sales of
vehicular fuels; and including as an accessory use the sale and installation
of lubricant, tires, batteries and similar accessories, and customary
servicing and minor repair of vehicles.
The total number of units divided by the total area designated
as a residential cluster.
Any sign of lightweight plastic, fabric, or other material
that is temporarily mounted flush on the building, between standards
for permitted off-premises signs, or suspended over a public right-of-way.
Flags, as defined herein, shall not be considered banners for the
purpose of this chapter.
An establishment that provides food prepared and served in
a formal setting for corporate events or conferences and/or for special
occasions such as weddings, bar/bat mitzvahs, family reunions, charitable
benefits and other special events.
[Added 12-8-2020 by Ord.
No. 4333-20]
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.
A freestanding sign structure and/or sign utilized for advertising
a business, establishment, activity, product, service, entertainment,
or message, which is operated, located, performed, produced, manufactured,
or available at a place or location other than on the property on
which the sign structure and/or sign is located.
[Added 4-27-2010 by Ord. No. 3875[1]]
The total surface area of the sign face.
[Added 4-27-2010 by Ord. No. 3875]
The Board established pursuant to N.J.S.A. 40:55D-69 of the
Municipal Land Use Law.
"Body art" shall mean the practice of physical body adornment,
alteration or modification by means including, but not limited to,
piercing, tattooing, branding, braiding, beading/implantation or scarification,
also known as "scarring."
[Added 11-27-2018 by Ord.
No. 4252-18]
An area consisting of trees, shrubs, solid fencing, berms
or a combination of all of these so installed as to provide a visual
or an acoustical barrier between uses. No building, driveway, parking
lot, street, sign (except traffic directional sign) or storage of
materials shall be permitted within a required buffer.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
The proportion of the total lot area expressed as a percent
that is covered by the horizontal area measured within the outside
of the exterior walls of the ground floor of all principal and accessory
buildings on a lot. In the event that any other floor of a building
exceeds the dimensions of the ground floor, the area of the larger
floor shall be used in the computation of building coverage.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof. Chimneys, spires, towers, elevator, penthouses,
tanks and similar projections other than signs shall not be included
in calculating the height.
See "principal building."
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state and sells and may transport this cannabis
to other cannabis cultivators or usable cannabis to cannabis manufacturers,
cannabis wholesalers or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 cannabis cultivators license.
[Added 6-22-2021 by Ord. No. 4340-21]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 6-22-2021 by Ord. No. 4340-21]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishments to another
class of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributors
license.
[Added 6-22-2021 by Ord. No. 4340-21]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to the other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturers
license.
[Added 6-22-2021 by Ord. No. 4340-21]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers and sells these
to the consumers from a retail store and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retail license.
[Added 6-22-2021 by Ord. No. 4340-21]
Any licensed person or entity that purchases or otherwise
obtains stores, sells, or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license.
[Added 6-22-2021 by Ord. No. 4340-21]
A governmental acquisition of real property or major construction
project.
A story with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground.
A document issued by the Code Enforcement Officer upon completion
of the construction of a new building or upon a change in the use
of the occupancy of a building which certifies that the applicant
has complied with all requirements of this chapter, or such adjustments
thereof which have been granted by the approving authority and all
other applicable requirements.
A facility which is maintained for the care, development
or supervision of six or more children who attend the facility for
less than 24 hours a day for which a license is required from the
Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A.
30:5B-1 et seq.).
[Added 12-8-2020 by Ord.
No. 4333-20]
A building or structure or group of buildings or structures
where persons regularly assemble for worship, which by design and
construction are primarily intended for the conducting of organized
religious services and accessory uses associated therewith.
Systems, structures, and physical improvements for the movement
of people, goods, water, air, sewerage 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.
Land set aside, dedicated, designated or reserved
for public or private use as active or passive recreation, preservation
areas, historically significant areas, or agriculture or horticulture,
which shall be appropriately landscaped if required.
Cluster open space areas shall preferably be
located in one contiguous parcel but, should unique site conditions
dictate two or more sections of open space, the minimum size of any
such cluster open spaces areas shall be not less than two acres in
an RD development, five acres in an AC development, and 15 acres with
no portion thereof less than 500 feet in width in an NRPC development
except, however, the Planning Board may allow the creation of a preservation
area less than 15 acres or less than 500 feet in width as may be reasonable
and within the general purpose and intent of this chapter if the literal
enforcement of the provisions of this subsection is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
For purposes hereof, preservation areas in an
NRPC tract shall be cluster open space areas set aside for preservation
of natural resource features, such as but not limited to forested
areas, hedgerows, significant stands of trees or individual trees
of significant size; farmland and recently cultivated farm fields;
natural wildlife habitats; stream corridors, headwaters of streams,
wetlands, floodplains, flood hazard areas, ponds or lakes, rock outcroppings,
including the bluffs or cliffs along the D&R Canal State Park;
frontage along the D&R Canal State Park; historic structures,
sites, villages or districts, and frontage along any existing or proposed
reservoir, and all reservoir-owned acreage.
Cluster open space shall not include parking areas, vehicular rights of way, driveways, and drainage facilities such as detention areas, retention areas or swales. However, provided it can be demonstrated that a drainage facility can be located within the portion of the cluster open space devoted to active agricultural or horticultural use without precluding said use, the Planning Board may permit such location. Any area within a lot in excess of lot area requirements which is the subject matter of a conservation easement shall qualify as cluster open space, provided that it complies with all other criteria contained in § 112-204 et seq.
See "open space, common."
For purposes of this chapter, the phrase "community residences
for the developmentally disabled and community shelters for victims
of domestic violence" shall be limited to facilities which are licensed
pursuant to P.L. 1977, c. 448, N.J.S.A. 30:11B-1 et seq. or N.J.S.A.
30:40-1-14 to provide food, shelter and personal guidance to mentally
ill persons or persons who have been the victim of domestic violence
pursuant to N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2.[2]
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 the zoning provisions of this chapter and upon the
issuance of an authorization therefor by the Planning Board.
Development other than planned development.
A composite of the Master Plan for the physical development
of the county, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the county Planning Board pursuant
to N.J.S.A. 40:27-2 and 40:27-4.
The Planning Board of Somerset County.
Any open, unoccupied area which is bounded by three or more
attached walls.
A building, dedicated space within a building, or a group
of buildings used to house computer systems and associated components,
such as telecommunications and storage systems. It generally includes
redundant or backup components and infrastructure for power supply,
data communications connections, environmental controls (e.g., air
conditioning, fire suppression) and various security devices.
[Added 12-8-2020 by Ord.
No. 4333-20]
Calendar days.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or other change in
the use of any building or other structure, land or extension of use
of land for which permission may be required pursuant to this chapter.
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 the Municipal Land Use Law.
Any part of the territory of Franklin Township which is designated on the Zoning Map to which certain uniform regulations and requirements of this chapter apply.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage, and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
The land required 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 therein
to safeguard the public against flood damage in accordance with Chapter
One of Title 58 of the Revised Statutes.
An establishment which by design of physical facilities or
by service or packaging procedures encourages or permits customers
to receive a service or obtain a product which may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in an automobile.
One or more rooms, designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A building designed for and occupied exclusively by three
or more families and containing three or more dwelling units.
A building more than 2 1/2 stories and containing three
or more units.
A building which is not attached to any other dwelling by
any means and designed for or occupied exclusively by one family and
containing no more than one kitchen facility.
A single-family dwelling unit contained within a building
containing two dwelling units on two lots (one dwelling unit on each
lot), each of which is separated from the other by an unpierced wall
extending from ground to roof or an unpierced ceiling and floor extending
from exterior wall to exterior wall except for a common stairwell
exterior to both dwelling units.
[Added 2-23-2010 by Ord. No. 3846]
A building on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall except for a common
stairwell exterior to both dwelling units.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.[3]
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
[Amended 2-14-2006 by Ord. No. 3591]
As defined in § 112-171.
A structure which encloses or borders a field or yard.
The official action of the Planning 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 approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the subdivision which
is presented to the approving authority for final approval in accordance
with these regulations, and which, if approved, shall be filed with
the proper county recording officer.
Any fabric, cloth, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision, or other nonprofit entity or established commercial entity,
displayed on a flagpole. Government flags shall observe protocol.
Any other similar items shall not be considered a flag, but shall
be considered a freestanding, projecting, or attached sign depending
upon the manner of display. Flags as defined herein are exempt from
the provisions of this chapter.
The floor area ratio shall be the computed mathematical ratio
of the gross floor area divided by the total lot area.
The illumination at all points one foot distance from a uniform
point of one candle power.
A structure which is accessory to a residential building
and which is used for the parking and storage of vehicles owned and
operated by the residents thereof, and which is not a separate commercial
enterprise available to the public.
A building, or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
A building not more than 2 1/2 stories exclusive of
chimney or tower, on one lot containing three or more separate dwelling
units, sharing joint utility services or facilities, and not having
common access hallways serving more than two dwelling units.
Two or more garden apartment buildings on a single lot.
The sensation produced by the brightness within the visual
field that is sufficiently greater than the luminance to which the
eyes are adapted, causing annoyance, discomfort, or loss of visual
performance or visibility.
DIRECT GLAREResults from high brightnesses or insufficiently shielded light sources in the field of view or from reflecting areas of high brightness.
REFLECTED GLAREResults from specular reflections of high brightnesses in polished or glossy surfaces in the field of view.
A tract of land for playing golf containing a minimum of
nine holes in length, which may include the necessary and, usual accessory
uses and structures such as but not limited to clubhouse facilities,
dining and refreshment facilities, swimming pools, tennis courts,
and equipment storage facilities provided that the operation of such
facilities is incidental and subordinate to the operation of the golf
course.
The Township Council of the Township of Franklin.
The final elevation of the ground surface after development.
The sum of the gross horizontal areas measured from the exterior
walls of each story of a building but not including a cellar story.
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated pursuant
to the Municipal Land Use Law.
Any activity carried out for gain by a resident in the resident’s
dwelling unit where the activity is clearly accessory to the principal
use of the structure and occupies not more than 25% of the gross floor
area of the dwelling unit; the activity is conducted wholly indoors
and only within the principal structure; there are no employees other
than the immediate family residing on the premises; there are no clients,
buyers, patients, students, etc., who come to the premises on a regular
basis (with the exception of a teaching occupation of a tutoring nature
where no more than five pupils are in attendance at one time); there
are no deliveries received in frequency or quantities beyond those
ordinarily delivered to a residence; the activity does not involve
merchandising trade, or the exchange of commodities by sale to persons
who come to the premises; no service involving the repair of devices
powered by gasoline, diesel fuel, kerosene or other fuels is involved
with the activity; there is no external display or advertising of
goods or services or other external evidence of such activity, including
no signage identifying the business; there is no equipment stored
on the premises, but transported for use elsewhere, such as landscaping
equipment; and there are no changes in the outside appearance of the
structures or premises which would alter its residential character;
and no activity that generates traffic, parking, noise, dust, vibration,
smell, smoke, glare, electrical interference, fire hazard or any other
hazard or nuisance to any greater or more frequent extent than what
normally occurs in the applicable zoning district.
[Amended 12-11-2007 by Ord. No. 3729]
An institution providing health services and medical or surgical
care to persons, primarily temporary in-patients suffering from illness,
disease, injury, deformity, or other abnormal physical or mental condition,
and including as an integral part of the institution related facilities.
"Hospital" does not include institutions for the permanent care of,
or occupation by, the poor, infirm, incurable or insane.
A building containing furnished rooms with beds rented out
for overnight stays for sleeping purposes by transient guests who
have their residence elsewhere and do not use for a permanent address,
which may or may not provide in-room cooking facilities, and which
provide services such as maid services, laundering of linen, telephone
and secretarial or desk service, and which may provide accessory and
incidental uses as restaurant, bar, and other facilities primarily
intended for use of overnight guests such as meeting rooms and exercise
accommodations. The term hotel shall also include extended-stay hotels
which are limited-stay hotels that contain furnished rooms with refrigerator,
cook tops, microwave ovens, dishes, and washers and dryers on the
premises rented out to be occupied by transient guests who have their
residence elsewhere and do not use as a permanent address where transient
guests stay five or more days, with an average of seven to 10 days,
and may contain a variety of room types, including studio and one-
and two-bedroom suites.[4]
[Amended 12-8-2020 by Ord. No. 4333-20]
The percent of lot area covered by impervious surfaces.
Any material which substantially reduces or prevents the
infiltration of stormwater into previously undeveloped land. Impervious
surface shall include graveled driveways and parking areas.
Sporting activities, conducted within a covered structure,
which include sport, training, instruction and leisure activities
such as swimming, soccer, archery, ice skating, ice hockey, trampolining,
basketball, karate, dance, football, racquet sports, baseball, cricket,
rock climbing, paintball, laser tag and other such activities. Indoor
commercial recreation does not include activities such as pool halls,
theaters for music, live presentations or motion-picture presentations,
or video arcades. Facilities may also include accessory eating and
retail services within the facility.
[Added 12-8-2020 by Ord.
No. 4333-20]
One or more roofed and enclosed buildings or structures designed
and equipped for the conduct of sports, leisure time activities and
other customary and usual recreational activities, such as but not
limited to tennis courts, handball and racquetball courts, soccer
fields, batting cages, skating and roller rinks, pools and gymnasiums,
and other active recreation activities.
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without a municipality, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under this chapter, or whose rights to use, acquire
or enjoy property under this chapter or under any other law of this
state or of the United States have been denied, violated or infringed
by an action or a failure under this chapter.
An existing, undeveloped, substandard lot not meeting the
lot area and/or lot frontage requirements for the zone in which it
is located and which is not deemed by law to be merged with an adjacent
lot(s).
[Added 3-27-2013 by Ord. No. 4010-13]
A lot, land or structure, or part thereof, used for the purchase,
collection, storage, recycling or sale of wastepaper, rags, scrap
metal or other scrap or discarded goods, materials, machinery or vehicles.
An establishment licensed to operate a facility housing dogs,
cats or other household pets and where grooming, breeding, boarding,
training or selling of animals is conducted as a business. Building
and operating standards shall comply with local and state Department
of Health standards.
A facility for carrying on investigation in the natural,
physical or social sciences, or engineering and development as an
extension of such investigation, and which does not produce noticeable
noise, vibration, smoke, dust, odors, heat or glare outside the buildings.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture of products, except as incidental
to the main purpose of the laboratory, nor outpatient medical laboratories
which shall be considered medical office use.
[Added 12-8-2020 by Ord.
No. 4333-20]
Any ground, soil or earth, including sandy areas, marshes,
swamps, drainageways and areas not permanently covered by water. The
term "land" includes improvements and fixtures on, above or below
the surface.
A land use where the only activity involved is one of the
fabrication, maintenance, alteration, repairing, finishing, or assembling
of standardized parts including manufacturing and fabrication of wire,
sheet and related strip, wood and paper products, toys, bags, book
binding, boxes and packaging materials, office supplies, pharmaceuticals,
bottling of food and beverage, food and cereal mixing and milling
food processing, food sundry manufacturing, ice cream manufacturing,
manufacturing of spirituous liquors, other uses of the same nature
and type, and including accessory office space. Light manufacturing
shall not be considered to consist of a processing activity which
would involve a physical or chemical process that would change the
nature or character of the product or raw material. Any and all manufacturing,
fabrication, maintenance, alteration, repairing, finishing, or assembling
shall be carried on within and confined to an enclosed structure or
structures.
[Added 12-8-2020 by Ord.
No. 4333-20]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
An area of land which is determined by the limits of the
lot lines bounding the area and is always expressed in terms of square
feet or acres. Any portion of a lot included in an existing street
or street proposed by the applicant as part of a major subdivision
plan shall not be included in calculating lot area.
Same as "building coverage."
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
The length of the front lot line measured at the street(s)
right-of-way line. In case of corner lots, the frontage shall be met
along all streets. In the case of lots fronting on a cul-de-sac street,
the frontage for lots fronting on the turnaround portion of the street
shall be measured along the front setback line but in no case shall
the length of the lot line coexistent with the street line be less
than 2/3 of the required front lot width.
The width of a lot shall be the distance between the side
lot lines of said lot measured at and along a line parallel to the
front lot line which is drawn at a distance therefrom a distance equal
to the required depth of the front yard.
A lot or parcel of land abutting upon two or more existing
or proposed streets at their intersection, or upon two parts of the
same street forming an interior angle of less than 135°. Corner
lots with streets on two sides shall have two front yards along the
streets and two side yards opposite the front yards. Corner lots with
streets on three sides shall have three front yards along the streets
and one side yard for the remaining yard.
A lot, other than a corner lot, which has more than one frontage.
Housing which is designated to be made available for sale
or lease on such basis that the costs shall not exceed 30% of gross
family income and which is available for families or individuals whose
incomes do not exceed 50% of the median income of the area with adjustments
for family size as defined for the county by the U.S. Department of
Housing and Urban Development Section 8 guidelines.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
The Mayor of the Township of Franklin.
A development plan of one or more lots which 1) does not involve proposed disturbance or structures in excess of 5,000 square feet and does not require relief from any provisions of this chapter; 2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to § 112-196 of this chapter, and 3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by § 112-185D(1) have been met.
[Amended 12-11-2007 by Ord. No. 3729]
In order to be classified as a minor subdivision, the proposed
subdivision must meet the following criteria:
Create three or fewer lots including the original
tract if it remains a lot with frontage on an existing street;
Property in question has not been subdivided
within the past 10 years;
Not involving the creation of more than one
lot on a private right-of-way;
Not involving a planned development, any new streets or the extension of any off-tract improvements, the cost of which is to be pro rated pursuant to § 112-196 of this chapter.
A building containing two or more principal uses. In the
HBD Zone, a mixed-use building shall: contain one or more of the principal
or conditional permitted nonresidential uses and residential units;
be located only on lots with frontage on Hamilton Street; be limited
to buildings placed consistent with footnote 11 of Schedule 2[5] [in particular the maximum building setback from Hamilton
Street set forth in footnote 11(d)]; with the entirety of the first
floor being comprised solely of nonresidential use with the exception
of necessary common, lobby, access and utility areas associated with
all uses. In the O-P Zone, a mixed-use building shall consist of permitted
office use and up to two residential units.
[Amended 8-11-2015 by Ord. No. 4115-15; 5-24-2022 by Ord. No. 4362-22]
Housing which is designated to be made available for sale
or lease on such basis that the costs will not generally exceed 30%
of gross family income and which is available for families or individuals,
whose incomes do not exceed 80% of the median income of the Township's
housing region, with adjustments for smaller and larger families as
defined for the county by the U.S. Department of Housing and Urban
Development Section 8 guidelines.
An establishment providing transient accommodations containing
six or more rooms with at least 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building.
A Municipal Planning Board or Board of Adjustment, or a governing
body of a municipality when acting pursuant to this chapter, and any
agency which is created by or responsible to one or more municipalities
when such agency is acting pursuant to this chapter.
The Township of Franklin.
The sum of all floor areas of a building, measured between
the inside face of the exterior walls or from the center line of walls
common to two buildings, excluding stairwells and elevator shafts,
floor space in open balconies, vent shafts and courts, equipment and/or
mechanical rooms, interior parking or loading, garages, and cellar
floors, or 85% of the gross floor area.
[Added 12-8-2020 by Ord.
No. 4333-20]
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
A facility which is licensed by the department of health,
in accordance with N.J.A.C. 8:39 to provide health care under medical
supervision and continuous nursing care for 24 or more consecutive
hours to patients who do not require the degree of care and treatment
which a hospital provides and who, because of their physical or mental
condition, require continuous nursing home-level care.
[Amended 12-8-2020 by Ord. No. 4333-20]
Glare resulting from excessive levels of illumination or
insufficiently shielded light sources emanating from light fixtures
in the field of view where the lens, lamp or reflector is offensively
visible above a height of five feet at a property line or a public
roadway.
[Added 6-28-2016 by Ord.
No. 4156-16]
A building or portion thereof providing diagnostic, therapeutic,
or preventive medical, osteopathic, physical therapy, chiropractic,
dental, psychological and similar or related treatment by a practitioner
or group of practitioners licensed to perform such services on an
outpatient basis only, without facilities for inpatient care. Medical
imaging facilities, outpatient medical laboratories and similar services
provided on an outpatient basis shall also be considered medical office.
[Added 12-8-2020 by Ord.
No. 4333-20]
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government, and generally
furnished with desks, tables, files and communication equipment, including
offices of general, medical, business, executive, legal, accounting,
architecture, engineering, marketing and sales management services,
data processing and communications businesses, information technology,
business consulting and advertising and public relations services,
and real estate agencies. The term "professional and general office"
is inclusive of professional, managerial and industrial instruction
and training but shall not include businesses that offer a product
or merchandise for on-site sale to the public and does not involve
the manufacturing, fabrication, assemblage of goods, nor personal
service uses, banks or laboratories.
[Added 12-8-2020 by Ord.
No. 4333-20]
The map, with changes and additions thereto, 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.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application, or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which 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 nonimpervious, set aside and 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 and which does not include road rights-of-way.
Land within a cluster development pursuant to
E800 herein set aside, dedicated, designated, or reserved for public
or private use as active or passive recreation, preservation of environmentally
sensitive areas, or historically significant areas, or agriculture
or horticulture which shall be appropriately landscaped if required.
Cluster open space areas shall preferably be located in one contiguous
parcel, but should unique site conditions dictate two or more sections
of open space, the minimum size of any cluster open space areas shall
be no less than two acres in an RC development, and five acres in
an AC or NRPC development.
Cluster open space shall not include any required
lot or yard areas, parking areas, vehicular rights-of-way, driveways,
and drainage facilities such as detention areas, retention areas,
or swales. However, provided it can be demonstrated that a drainage
facility can be located within the portion of the cluster open space
devoted to active agricultural or horticultural use without precluding
said use, the Planning Board may permit such location. Any area within
a lot in excess of lot area requirements which is the subject matter
of a conservation easement shall qualify as cluster open space.
Land within or related to a development which is not individually
owned or dedicated for public use and which is designed and intended
for the use or enjoyment of residents and owners of the development.
Common open space may contain only such complementary structures and
improvements as are appropriate for the recreation and enjoyment of
residents and owners of the development.
An open space area conveyed or otherwise dedicated to the
municipality, municipal agency, board of education, state or county
agency, or other public body for recreational or conservational uses.
An area of land set aside, dedicated, designated or reserved
for public or private use as active or passive recreation and which
shall be appropriately landscaped. Usable open space areas shall have
a minimum of dimension of 50 feet in length and 50 feet in width as
measured at right angles and shall not include the front yard setback
areas, parking areas, vehicle access roads, driveways, and drainage
facilities such as detention areas, retention areas or swales.
An electrically powered illuminating device containing a
total light source of more than 1,800 initial lumens per fixture,
or any spot or flood luminaire with a reflector contained in the lamp
component such as a parabolic aluminized reflector (PAR) lamp, of
more than 900 initial lumens, which is permanently installed outdoors,
including but not limited to devices used to illuminate any site,
architectural structure, or sign.
[Added 6-28-2016 by Ord.
No. 4156-16]
An off-street, ground level area, usually surfaced and improved,
for the temporary storage of motor vehicles and including parking
spaces, aisles, maneuvering areas and plantings.
A space for the parking of a motor vehicle within a public
or private parking area.
For the purposes of notice, any applicant for development,
the owners of the subject property and all owners of property and
government agencies entitled to notice under N.J.S.A. 40:55D-12.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series.
Any security, which may be accepted by the Township in the
form of cash, certified check, performance bond, surety bond, or certificate
of deposit endorsed to the Township, provided that the Township shall
not require more than 10% of the total performance guaranty in cash.
Includes planned unit residential development, residential
cluster, planned commercial development or planned industrial development.
The Municipal Planning Board established pursuant to N.J.S.A.
40:55D-23.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48, 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the approving authority
and the applicant.
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 site and immediate environs.
Preservation areas shall be open space areas set aside for
preservation of natural resource features such as but not limited
to forested areas, hedgerows, significant stands of trees or individual
trees of significant size; farmland and recently cultivated farm fields;
natural wildlife habitats; stream corridors, headwaters of streams,
wetlands, floodplains, flood hazard areas, ponds or lakes, rock outcroppings,
including the bluffs or cliffs along the D&R Canal State Park;
historic structures, sites, villages or districts and all reservoir-owned
acreage; and shall include open space and cluster open space as defined
herein.
A building in which is conducted the principal use of the
lot on which it is located.
A building or portion thereof used as a place of business
of a person, corporation, firm or public agency for professional services
and administrative or executive purpose as distinguished from a shop
or store.
A school which is privately owned and operated on a for-profit
basis.
A building and related facilities owned or operated by a
corporation, association, or group of individuals established for
the fraternal, social, educational, recreational or cultural enrichment
of its members and not primarily for profit, and whose members meet
certain prescribed qualifications for membership and pay dues.
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 biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation, and erosion and to assure
the adequacy of existing proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
A use owned or operated by a nonprofit, religious, club,
fraternity or eleemosynary institution and providing educational,
cultural, recreational, religious or similar types of public programs.
The majority of the full authorized membership of a municipal
agency.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area including streets, easements, open space, water areas and
lands with environmental constraints unless otherwise specified.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law.
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
A dwelling or other residential structure in which lodging
facilities are supplied for three or more people and there are key
locks for sleeping quarters and/or one or more of the people do not
have use of all common areas, including but not limited to the kitchen,
dining room, living room, bathrooms, etc.
[Added 3-27-2013 by Ord. No. 4010-13]
The deposition 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 fully enclosed building or group of fully enclosed buildings
containing separate, individual, and private storage spaces of varying
sizes available for lease or rent for varying periods of time.
[Added 12-8-2020 by Ord.
No. 4333-20]
The distance between the street right-of-way line and the
front line of a building or any other projection thereof, excluding
cornices, eaves, fascia, rain gutters and windows, which may project
up to 36 inches into a required yard, and uncovered steps.
[Amended 10-23-2007 by Ord. No. 3718]
A line within any lot parallel to any property line between
which line and the property line no building or portion thereof may
be erected except as otherwise provided for in this chapter.
The minimum horizontal distance between the street and the
front line of a building or any projection thereof, excluding uncovered
steps.
The minimum horizontal distance between the rear lines of
the lot and the rear setback line.
The minimum horizontal distance between the side lines of
the lot and the side setback line.
A light fixture with cutoff optics that allows no direct
light emissions above a vertical cutoff angle of 90° above nadir
(straight down at perfect vertical), through the light fixture's lowest
light-emitting part. Any structural part of the light fixture providing
this cutoff angle must be permanently affixed.
[Added 6-28-2016 by Ord.
No. 4156-16]
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, design, symbols, fixtures, colors, illumination
or projected images.
The entire face of a sign including the surface and any framing,
trim or molding, but not including the supporting structure.
The length of a line perpendicular to the lot line or curbline,
whichever is farther from the street center line, drawn from the lot
or curbline to the sign.
Any sign whose sole source of artificial illumination is
outside the display portion of the sign.
Any sign attached to a structure, the sole purpose of which
is to support the sign and which is detached from any building.
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign.
Any sign, displaying information, on the premises for a limited
period of time.
Any sign whose purpose is to provide awareness to traffic
control and safety precautions.
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 pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board adopted pursuant to N.J.S.A. 40:55D-37 et seq.
An energy system which converts wind energy by means of a
rotor into electrical power for the primary purpose of meeting all
or a part of a dwelling’s energy requirements. As used in these
regulations, the primary application of a wind energy system (SWES)
is the conversion of wind by a machine with turbine apparatus (includes
base, rotor blades, nacelle, tower, inverter, batteries or other component
used in the system) capable of producing electricity by converting
the kinetic energy of wind into electrical energy to be used primarily
for on-site consumption. The term does not include electrical distribution
or transmission lines, or electrical substations. The term is limited
to systems that have a nameplate capacity of 20 kilowatts or less.
A SWES is incidental and accessory to the permitted principal use
located on the lot. A SWES is intended to produce electricity primarily
for on-site consumption but excess electrical power may be transferred
to a utility company power supply grid pursuant to utility company
interconnection agreements. Such term is inclusive of the term “vertical
axis wind turbine” which is a compact type of small energy wind
system that can be mounted on buildings and poles and produces energy
using vertical wind turbine technology in low wind speeds and operates
at low noise levels.
[Added 9-22-2009 by Ord. No. 3843]
Access to unobstructed direct sunlight of a southerly exposure
of the principal building. Solar access shall be considered adequately
available if the southerly wall of a proposed building has unobstructed
access to sunlight for 45% of the time between 8:45 a.m. and 3:15
p.m. local time on December 21.
Any easement created for the purpose of securing adequate
solar access to a solar energy system. Any instrument creating a solar
easement shall include but not be limited to a description of: 1)
the vertical and horizontal angles, expressed in degrees (°),
at which the solar easement extends over the real property subject
to the solar easement; 2) any terms or conditions or both under which
the solar easement is granted or will be terminated; and 3) any provisions
for compensation of the owner of the property benefiting from the
solar easement in the event of interference with the enjoyment of
the solar easement or compensation of the owner or the property subject
to the solar easement for maintaining the solar easement.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility and components of the distribution
system.
Standards adopted by ordinance pursuant to N.J.S.A. 40:55D-65d
regulating noise levels, glare, earthborne or sonic vibrations, heat,
electronic or atomic radiation, noxious odors, toxic matters, explosive
and inflammable matters, smoke and airborne particles, waste discharge,
screening of unsightly objects or conditions and such other similar
matters as may be reasonably required by the municipality.
The portion of any building comprised between any floor and
the floor or roof next above, provided that the average height between
the floors or roof is no less than seven feet.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way:
Which is an existing state, county or municipal
roadway; or
Which is shown upon a plat heretofore approved
pursuant to law; or
Which is approved by official action as provided
by this chapter; or
Which 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; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
Designed to provide for intermunicipal and through community
traffic flow. Arterial streets are generally the higher speed routes
for regional traffic flow as indicated on the Circulation Plan Map
of the Franklin Township Comprehensive Plan.
The streets which link the many small local roads into the
overall traffic flow system of the Township. Collectors serve as the
first stage point of traffic concentration for the local roads.
RESIDENTIALThose collector streets which solely serve residential areas.
NONRESIDENTIALThose collector streets not in residential areas.
Those streets which primarily serve only those lots located
on the street. Use as a through street is generally limited.
RESIDENTIALThose local streets which solely serve residential areas.
NONRESIDENTIALThose local streets not in residential areas.
A street with access control, channelized intersections,
restricted parking and which collects and distributes traffic to and
from minor arterials.
The principal streets providing traffic flow throughout the
Township by connecting the various residential and industrial areas.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
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 act, if no new streets are created: 1) divisions
of land found by the Planning 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; 2) divisions of
property by testamentary or intestate provisions; 3) divisions of
property upon court order, including but not limited to judgments
of foreclosure; 4) consolidation of existing lots by deed or other
recorded instrument; and 5) the conveyance of one or more adjoining
lots, tracts or parcels of land, owned by the same person or persons
and all of which are found and certified by the administrative officer
to conform to the requirements of this chapter and are shown and designated
as separate lots, tracts or parcels on the Tax Map or atlas of the
municipality. The term "subdivision" shall also include the term "resubdivision."
A committee of at least three Planning Board members appointed
by the Chairperson for the purpose of classifying subdivisions, approving
minor and final subdivision plans and recommending action on land
subdivision by the Board.
A building designed for or occupied exclusively by one family
and included in a row of at least three such units in which each unit
has its own front and rear access to the outside, no units are located
over another unit and each unit is separated from any other unit by
one or more common fire-resistant walls. For the purpose of this chapter,
a townhouse may include a building in fee simple, condominium or cooperative
ownership or any combination thereof.
A structure used for living or sleeping purposes which is
equipped with wheels and is towed or hauled by another vehicle for
the purpose of transporting such structure from place to place, or
any unit used for temporary living, sleeping or temporary office purposes,
whether supported by posts or any other type of foundation.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to N.J.S.A. 40:55D-40b and 40:55D-70d of the Municipal
Land Use Law.
[6]Any building in which the principal business, operation or
industry involves handling and resale of goods in comparatively large
quantities to others, but not to the ultimate consumer of an individual
unit.
[Added 12-8-2020 by Ord.
No. 4333-20]
Devices which are used for the transmission and reception
of wave frequencies for the purposes of any wireless communication
(e.g., telephone, radio, internet, paging and/or television communication)
and which are permitted in accordance with the specific zoning conditions
and standards for their location, approval and operation included
within this chapter. For the purposes of this chapter, wireless communication
antennas shall not be considered to be a public utility.
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the front property line and the front setback line projected to the
side lines of that lot. Front setback line shall be synonymous with
the front yard line.
The open space between the rear property line and the rear
setback line and extending between side property lines.
An open, unoccupied space between the side line of the lot
and the nearest side setback line and extending in width from the
front yard line to the rear yard line, or in the absence of either
of such yards, to the front or rear lot lines as the case may be.
The depth of a side yard shall be measured at right angles to the
side line of the lot.
A document signed by the administrative officer:
Which is required by ordinance 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 acknowledges that such use, structure
or building complies with the provisions of the municipal zoning ordinance
or variance therefrom duly authorized by a municipal agency pursuant
to N.J.S.A. 40:55D-60 and 40:55D-70 of the Municipal Land Use Law.
[1]
Editor's Note: The former definition of "billboard" was repealed
6-25-1991 by Ord. No. 1646.
[2]
Editor’s Note: The former definition for "complete application,"
which immediately followed this definition, was repealed 5-24-2011
by Ord. No. 3934.
[4]
Editor's Note: The former definition of "hotel, extended stay,"
which immediately followed, was repealed 12-8-2020 by Ord. No. 4333-20.
[5]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
[6]
Editor's Note: The former definition of "warehouse and distribution,"
which immediately followed this definition, was repealed 2-14-2023 by Ord. No. 4391-22.
