[Amended 3-13-2007 by Ord. No. 6-2007; 7-10-2007 by Ord. No.
16-2007; 6-24-2008 by Ord. No. 6-2008; 8-12-2008 by Ord. No.
10-2008]
This chapter shall be known as the "Land Use
Ordinance of the Borough of Franklin" (herein "chapter").
For the purposes of this chapter:
A.
All provisions in this Chapter 161, regardless of designation or location within the Chapter, that are authorized by the Municipal Land Use Law (MLUL) to be included in a zoning ordinance, including but not limited to the regulation of uses (including accessory uses and structures), bulk area and yard requirements, buffers, density, distance between buildings, off-street parking, floor area ratio, height, the number, placement and dimensions of signs, and other dimensional requirements governing the intensity of land use, shall be deemed to be zoning regulations and incorporated by reference in Article V, Zoning, of this Chapter 161.
B.
All provisions in this Chapter 161 that are authorized by the MLUL for inclusion in site plan and/or subdivision ordinances, including but not limited to engineering and construction design standards relating to the construction of such items of infrastructure as drainage, lighting, streets, utilities, on-site traffic circulation and the like, shall be deemed to be incorporated by reference in Article IV, Development Requirements and Standards, of this Chapter 161, except to the extent any such provision is deemed to be a zoning regulation pursuant to Subsection A.
Definitions and usages. Unless otherwise expressly
stated, the following terms shall, for the purpose of this chapter,
have the meanings as herein defined. Whenever a term is used in this
chapter which is defined in the MLUL, such term shall have the same
meaning as the MLUL.
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
A physical entrance to property.
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building is attached in a substantial
manner by a wall or roof to a principal building or structure, it
shall be considered a part thereof.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
A structure added to the original structure at some time
after the completion of the original structure.
The Borough Clerk.
A condition or effect that creates, imposes, aggravates or
leads to inadequate, impractical, unsafe or unhealthy conditions on
a site proposed for development or on off-tract property or facilities
by objective and common analysis.
Any environmental pollutant such as smoke, odors, liquid
wastes, radiation, noise, vibrations, glare, trespass, lighting or
heat.
The production, for sale, of plants and animals useful to
man, including but not limited to: forages and sod crops; grains and
feed crops; dairy animals and dairy products, poultry and poultry
products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules, or goats, including the breeding, boarding, raising,
rehabilitating, training or grazing of any or all of such animals,
except that livestock shall not include dogs; bees and apiary products;
fur animals; trees and forest products or when devoted to and meeting
the requirements and qualifications for payments or other compensation
pursuant to a soil conservation program under an agreement with an
agency of the federal government, except that land which is devoted
exclusively to the production for sale of tree and forest products,
other than Christmas trees, and is not appurtenant woodland, shall
not be deemed to be an agricultural use unless the landowner fulfills
the additional conditions under N.J.S.A. 54:4-23.3.
The traveled way by which cars enter and depart parking spaces.
A service way providing vehicular service access or pedestrian
access to the rear or side of properties otherwise abutting on a street.
Any change or rearrangement in the supporting members of
an existing building such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows
or any enlargement or diminution of a building or structure. "Alteration"
shall also mean and include any conversion of a building or a part
thereof from one use to another or the moving of a building or structure
from one location to another. Alteration shall not be construed to
mean any necessary repairs and renovation of an existing structure
solely for the purpose of maintenance and/or improvements of the appearance.
Any sign that moves or has an optical illusion of moving,
such as the movement of any illumination or the flashing or varying
of light intensity or color to depict or create an impression of action
or create a special effect or scene or a sign that has changing messages.
Animated signs include signs containing elements that blink, crawl,
dissolve, emit smoke, fade, flash, oscillate, rotate, scroll, travel,
twinkle, twirl, vibrate, or in any manner imitate motion. Signs that
emit intermittent light, or contain audio, pyrotechnic, or bluecasting
(Bluetooth/wireless advertising) components are considered to be animated
signs.
[Added 12-8-2015 by Ord.
No. 13-2015]
Any transmitting or receiving device mounted on a tower,
building or structure and used for communications that radiate or
capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless communications
signals or other communication signals. Excepted from this definition
are antennas used exclusively by ham radio operators or other residential
users.
See "dwelling, multifamily."
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter.
A plan which has been granted final approval and signed by
the Planning Board or Board of Adjustment of the Borough of Franklin.
The Borough of Franklin Planning Board or Board of Adjustment,
as the case may be, unless a different agency is designated by this
chapter.
The visible, functional or ornamental objects accessory to
and part of buildings.
The use of any building, land area or other premises principally
for the display, sale, rental or lease of new or used automobiles
(but may include light trucks or vans, trailers or recreation vehicles),
and including any vehicle preparation, warranty or repair work conducted
as an accessory use.
Any building, land area or other premises, or portion thereof,
used for the retail dispensing or sales of vehicle fuels, servicing
and repair of automobiles and may include as accessory use(s) the
sale and installation of lubricants, tires, batteries and similar
vehicle accessories and a convenience store of not more than 1,500
square feet in floor area.
Establishments engaged in the repair of vehicles, including
the repair of mechanical systems and/or the repair of exterior and
interior body damage, as limited by the restrictions of the zone in
which the establishment is located.
[Amended 9-14-2010 by Ord. No. 9-2010]
The entity responsible for the administration of a condominium,
which entity may be incorporated or unincorporated.
The open nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
Average setback from a street right-of-way of buildings within
200 feet in the same block face of the lot.
A space partially below grade level having 1/2 or more of
its floor-to-ceiling height above the average level of the surrounding
ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
A basement shall be counted as a story if used for business, industrial,
office or residential purposes.
A mound of earth or the act of pushing earth into a mound.
A lane at the edge of a roadway reserved and marked for the
exclusive use of bicycles.
A sign advertising an occupant, product or service on other
than the lot upon which the sign is located.
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter.
The Borough of Franklin Planning Board or the Borough of
Franklin Zoning Board of Adjustment, whichever is acting on an application
for development.
A structure designed for the feeding, housing, and exercising
of horses not owned by the owner of the premises and for which the
owner of the premises receives compensation.
That person appointed to the position by the Borough Council.
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, street or any depression.
The use of various natural and man-made elements to shield
lower-intensity land uses from higher-intensity ones. Buffers and
screens may be acceptable even though they may not completely conceal
or obscure one land use from another, the goal being to mitigate the
impact upon the lower-intensity use in a practical manner. Buffering
standards are set forth elsewhere in this chapter.
[Added 2-11-2014 by Ord. No. 1-2014]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The ratio of the horizontal area of all principal and accessory
buildings measured from the exterior surface of the exterior walls
of the ground floor on a lot to the total lot area expressed in percent.
The two-dimensional space within which a principal structure
is permitted to be built on a lot and that is defined by minimum yard
setbacks.
See "height of building."
A line parallel with the street line or the lot line touching
that part of a building closest to the street or lot line. In the
case of a cantilevered section of a building, the building line will
coincide with the most projected surface. All yard requirements shall
be measured to the building line.
Artificially created elements, such as buildings, structures,
devices and surfaces, that together create the physical character
of an area.
Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which
the building can be located, including coverage, setbacks, height
and yard requirements.
A cable television company as defined pursuant to section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
A self-supporting roof-like shelter or marquee without sides,
permanently affixed to the wall of a building and providing overhead
protection from the weather at an entrance to said building, which
shall be construed to be a part of the building to which it is affixed.
A timetable or schedule of all future capital improvements
to be carried out during a specific period and listed in order of
priority, and may also include cost estimates and the anticipated
means of financing each project.
The hard or paved area of a street between the curbs, including
travel lanes and parking areas, but not including curbs, sidewalks
or swales. Where there are no curbs, the "cartway" is that portion
between the edges of the paved width.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the surrounding ground or with
a floor-to-ceiling height of less than 6 1/2 feet.
A document issued by the Construction Official allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and/or renovated according to and in compliance
with all the applicable state codes, municipal ordinances, approvals
and resolutions.
A signed, written statement by the Borough Engineer and/or
Construction Official that specific constructions, inspections or
tests, where required, have been performed and that such comply with
the applicable requirements of this chapter or regulations adopted
hereunder.
A sign or portion thereof with characters, letters, or illustrations
that can be changed or rearranged without altering the structural
integrity of the sign. A sign on which the message changes more than
once every 60 seconds shall be considered an animated sign and not
a changeable copy sign for purposes of this chapter.
[Added 12-8-2015 by Ord.
No. 13-2015]
A sign or portion thereof that displays electronic information
in which each alphanumeric character, graphic, or symbol, is defined
by a small number of matrix elements using different combinations
of light emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices within the display area. Electronic changeable
copy signs include computer programmable, microprocessor controlled
electronic displays. A sign on which the messages change more frequently
than once every 60 seconds, shall be considered an animated sign and
not an electronic changeable copy sign for the purposes of this chapter.
[Added 12-8-2015 by Ord.
No. 13-2015]
Any occupancy of an existing nonresidential property, by a permitted use, resulting in the replacement of the prior occupant, either in whole or in part, by a new occupant. For the purposes of zoning enforcement and in connection with the issuance of a zoning permit, a change in occupancy shall only be approved if, in the determination of the Zoning Officer, the new occupant is in the same use group of Schedule A[1] and nothing associated with the new occupant requires
a major or minor site plan. If the Zoning Officer determines that
the change does not coincide with the criteria herein, then the change
shall be considered a change in use. The Zoning Officer is further
empowered to approve any complying sign changes, without the need
for the applicant to obtain site plan approval. This definition does
not apply to residential occupants.
Any occupancy of an existing nonresidential property, by a permitted use, resulting in the replacement, either in whole or in part, of the prior use with a new use. For the purposes of zoning enforcement and in connection with the issuance of a zoning permit, a change in use, from one use group to another, as delineated in Schedule A, may be approved, if the Zoning Officer determines that the new use is similar to the prior use in terms of parking demand, hours of operation, impact on the neighborhood and community, as well as other factors related to the health, safety and welfare of the community. The Zoning Officer, in considering the change in use request for a property in the Main Street area, in particular, may determine that the parking requirements, associated with the new use, can be met by nonstandard parking arrangements, provided the health, safety and welfare of the community or neighborhood are not jeopardized. In no case, however, shall a change in use be approved by the Zoning Officer if it is determined that a minor or major site plan is required. The Zoning Officer is further empowered to approve any complying sign changes without the need of the applicant to obtain a site plan approval. This definition does not apply to residential uses or to a change that only involves the transfer of the ownership of the property.
A use that provides essential goods or services, such as
food, housing, clothing, counseling, aid or assistance to those in
need, for no fee or compensation or at a fee recognized as being significantly
less than the cost of the goods or services.
An establishment providing for the care, supervision and
protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
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.
An establishment where patients are admitted for examination
and treatment on an outpatient basis by physicians, dentists, other
medical personnel, psychologists or social workers and where such
examination and treatment require a stay of less than 24 hours.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings and a constitution and bylaws.
The use of a common wireless telecommunications tower or
a common structure by two or more wireless license holders or unlicensed
holders nevertheless regulated by the Federal Communications Commission
or by one wireless license holder for more than one type of communications
technology and/or the placement of a wireless telecommunications tower
on a structure owned or operated by a utility or other public entity.
A truck, bus, van, sedan delivery vehicle, station wagon
with advertising matter on the side or any other commercially used
vehicles except a passenger car with no advertising matter exposed
to view.
Includes but shall not be limited to facilities for the common
use of two or more dwellings units, such as roads, driveways, sidewalks,
swimming pools, playgrounds, trees, greens, fairways and parking areas.
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 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 or entity owning such property
jointly.
Water supply and/or sewage disposal systems, whether privately
or publicly owned and operated, that serve two or more dwellings or
other buildings.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons who require
assistance, temporarily or permanently, in order to live in the community,
and shall include, but not be limited to, group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.). In the case of
such community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:40-1 to 30:14-14) providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical and psychological welfare.
An application form completed as specified by this chapter
and the rules and regulations of the Borough and all accompanying
documents required by this chapter for approval of the application
for development.
An informal review of a plan for development that carries
no vesting rights or obligations on any party.
A hard, strong substance made by mixing sand and gravel or
crushed stone with cement, water and various additives.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location and operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board or Zoning Board of Adjustment.
The form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvements,
together with an undivided interest in common elements appurtenant
to each such unit.
The removal of lot lines between contiguous parcels.
The Borough official specified in the Building Code who is
charged with administering the Construction Code.
Legal authorization for the erection, alteration or extension
of a structure.
Tracts of land which share one or more common boundaries.
A composite of the plan elements for the physical development
of Sussex County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board.
The Sussex County Planning Board.
A street with a single common ingress and egress and with
a turnaround at the end.
A drainage structure under a driveway, road, railroad or
pedestrian walk not incorporated in a closed drainage system.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
Calendar days.
The diameter of a tree trunk, measured in inches, a distance
of 3.5 feet off the ground.
A street or portion of a street which is accessible by a
single means of ingress or egress.
An appropriation of land to some public use made by the owner
and accepted for such use by or on behalf of the public.
The permitted number of dwelling units per gross area of
land to be developed.
See "stormwater detention."
The legal or beneficial owner or owners of a lot or of any
land 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; any
mining, excavation, landfill or land disturbances; and any use, change
in use or extension of use of land for which permission may be required
pursuant to this chapter.
See "residential cluster."
Development other than planned development or cluster development.
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo and materials, including transshipment by
boat, rail, air or motor vehicle.
The planned removal of surface water or groundwater from
land by drains, grading or other means and includes controls 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 and prevention
or alleviation of flooding.
The lands required for the installation and maintenance of
storm sewers or drainage ditches or lands 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.
Any component of a drainage system.
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a lot, building or other structure
or facility.
A structure or portion thereof that is used exclusively for
human habitation. Dwellings may include but are not limited to the
following types:
DETACHED SINGLE-FAMILYA dwelling for one family that is not attached to any other dwelling by any means.
ATTACHED SINGLE-FAMILY/TOWNHOUSEA one-family dwelling in a row of at least three such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
MULTIFAMILYA building containing three or more dwelling units that share common horizontal separations.
TWO-FAMILYA building on a single lot containing two dwelling units, each of which is separated from the other by a wall extending from ground to roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.[2]
MOBILEA structure constructed as a vehicle, containing living quarters with accommodations for sleeping, and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.
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 grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
A vertical distance above or below a fixed reference level;
a fully dimensioned drawing of the front, rear or side of a building
showing features such as windows, doors and relationship of grade
to floor level.
A man-made or natural deposit of soil, rock or other materials.
Any obstruction within a delineated floodplain.
Wildlife species whose prospects for survival are in immediate
danger because of a loss or change in habitat, over-exploitation,
predation, competition, disease, disturbance or contamination and
only designated as such by a governmental agency.
An increase in the size of an existing structure or use,
including physical size of the property, building, parking and other
improvements.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
A study to determine the potential direct and indirect effects
of a proposed development on the natural or built environment.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The erection, construction, alteration or maintenance of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located by public utilities, municipal or other governmental
agencies. Essential services shall include first aid and emergency
aid squad buildings.
Removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surface or beneath the land surface, whether exposed
or submerged.
The vertical location of the ground surface prior to excavating
or filling.
Permission to depart from the design standards in this chapter.
An increase in the amount of existing floor area beyond the
exterior wall.
The manufacturing from standardized parts of a distinct object
differing from the individual components.
A group of individuals not necessarily related by blood,
marriage, civil union, domestic partnership, 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.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the division contracts
for family day care in which child-care services are regularly provided
to no fewer than three and no more than five children for no fewer
than 15 hours per week. A child being cared for under the following
circumstances is not included in the total number of children receiving
child-care services:
A parcel of land used for agriculture and agricultural activities.
A structure for the display and sale of farm products.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas.
[Amended 11-24-2020 by Ord. No. 12-2020]
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited in or upon the land.
The official action of the board taken on a preliminary 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 a development which
is presented to the board for final approval in accordance with these
regulations and which, if an approved subdivision, shall be filed
with the proper county recording officer.
Any structure wherein business of primarily a monetary nature
is transacted, such as banks, savings and loans associations, mortgage
companies and similar institutions.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
That portion of the flood hazard area outside the floodway,
based on the total area inundated during the regulatory base flood,
plus 25% of the regulatory base flood discharge.
The floodplain consisting of the floodway and the flood-fringe
area.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
The same as the "flood hazard area" and shall include Zones
A-1 through A-30 on the Flood Insurance Rate Map.
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river.
The sum of the gross horizontal areas of the several floors
of a building or group of buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of a wall separating
two buildings, but excluding the following:
The sum of the area of all floors of buildings or structures
compared to the total area of the site, expressed in percent.
An establishment primarily engaged in the retail sale of
food which is processed or otherwise prepared for eventual consumption
but not consumed on the premises. Such uses include but are not limited
to the following: bakeries, delicatessens, ice cream parlors and bagel
shops. Where such uses have tables, such uses shall be deemed restaurants.
Establishments primarily engaged in the operation of timber
tracts, tree farms, forests, nurseries, the gathering of forest products
or performing forest services.
See "lot, frontage."
A group of people formally organized for a common cultural,
religious or entertainment interest, involving regular meetings, rituals
or ceremonies, and formal written membership requirements.
A place where the dead are prepared for burial or cremation
and the display of the deceased and rituals connected therewith before
burial or cremation.
A detached enclosed accessory building or a portion of the
main building used primarily for the storage of a passenger vehicle
or vehicles and not more than one commercial vehicle, which commercial
vehicle is owned or used by the occupant of the building to which
the garage is accessory.
A building intended for the parking of motor vehicles as
a business.
An enclosed building intended for the storage, servicing
or repair of motor vehicles as a business, including repair and whether
or not the facility is a part of an agency dealing in new or used
motor vehicles. A repair garage shall not include a car wash, auto
detailing facility and auto body establishments.
An accessory building consisting of a detached, covered,
freestanding, open-air structure not exceeding 300 square feet.
A comprehensive plan for the development of a planned development,
as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
A sensation produced by luminance within the visual field
that is sufficiently greater than luminance to which the eyes are
adapted, causing annoyance, discomfort or loss of visual performance.
A tract of land devoted to the playing of the game of golf
and improved with tees, fairways, greens and hazards and which may
include clubhouses, maintenance buildings, pro shops, shelters and
other similar support facilities normally associated with a golf course,
and which shall be at least 3,000 yards in length for 18 holes and
designed according to the standards of the National Golf Foundation
or other prevailing organization exercising authority or design regulation
in the game of golf.
A tract of land for playing golf and improved with tees,
fairways, greens and hazards and which may include clubhouses, maintenance
buildings, pro shops, shelters and other similar support facilities
normally associated with a golf course and which shall have, in the
case of a nine-hole course, at least 3,000 yards in length and, in
the case of an eighteen-hole course, at least 6,000 yards in length.
The Mayor and Borough Council of the Borough of Franklin.
Any department, commission, independent agency or instrumentality
of the United States and of the State of New Jersey and any county,
municipal, authority, district or other governmental unit.
Any operation that modifies the existing topography such
as cutting, stripping, filling, stockpiling or any combination thereof.
A curb constructed of rectangular-shaped stone or granite
blocks, placed vertically in a concrete foundation, and also known
as “Belgian block curb.”
A building or structure whose roof and sides are made largely
of glass or other transparent or translucent material and in which
the temperature and humidity can be regulated for the cultivation
of fragile or out-of-season plants.
A linear open space established along either a natural corridor,
such as a stream valley or ridge line, or over land along a scenic
road or other route; any natural or landscaped course for pedestrian
or bicycle passage; an open space connector linking park areas, natural
reserves, cultural features or historic sites with each other and
with populated areas.
Grasses or other plants and landscaping grown or placed to
keep soil from being blown or washed away.
The first floor of a building other than a cellar or basement.
The supply of freshwater under the surface in an aquifer
or geologic formation that forms the natural reservoir for potable
water.
The sum total of all the environmental factors of a specific
place that is occupied by an organism, population or a community.
The total floor area of all the habitable rooms in a dwelling
unit.
Such elements or compounds which, when discharged in any
quantity into the environs of air, water or soil, present potential
danger to the public health or welfare and vegetation or any forms
of wildlife.
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, game courts, swimming facilities,
saunas, showers, massage rooms and lockers.
Health care facilities as well as establishments providing
support to the medical profession and patients, such as medical and
dental laboratories, blood banks and miscellaneous types of medical
supplies and services.
The vertical distance from the average finished ground elevation
around the foundation of a building or structure to the top of the
highest roof beams on a flat, curved or shed roof, the deck level
of a mansard roof, and the average distance between the eaves and
the ridge level for a gable, hip or gambrel roof.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance.
An occupation or activity carried out for gain by a resident
and conducted as a customary, incidental and accessory use in the
resident's dwelling unit or other structure located on the lot.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A building containing hotel units, each having its only access
from an interior corridor, designed and intended to be used as overnight
sleeping accommodations for transient guests; which building has a
public lobby and full time management serving the guests and which
may contain ancillary services and facilities, such as restaurants,
shops and boutiques, recreation facilities; meeting rooms and convention
facilities which shall be accessible from the interior of the building.
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
A lot upon which exists a structure or building.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
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 the 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 to act under this chapter.
Any scrap, waste, reclaimable material and debris, whether
or not stored or used in conjunction with the dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. Junk
may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
A freestanding structure upon which directories, notices,
announcements, posters and/or temporary information are posted.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the Municipal and County Utilities Authorities
Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility,
authority, commission, special district or other corporate entity
not regulated by the Board of Regulatory Commissioners under Title
48 of the Revised Statutes that provides gas, electricity, heat, power,
water or sewer service to a municipality or the residents thereof.
The place where members of a local chapter of an association
or a fraternal, cultural or religious organization hold their meetings;
the local chapter itself.
A designated parcel, tract or area of land established by
plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot but not including
any street rights-of-way.
A design technique permitting one or more lots in a subdivision
to be undersized, provided the same number of lots in the same subdivision
are oversized by an equal or greater area.
A parcel of land, either at the junction of and abutting
on two or more intersecting streets, or abutting a single street at
the point where the road tangents deflect by more than 45°.
All buildings and impervious materials/structures located
on a lot. The allowed percentage of coverage is determined by dividing
the area occupied by all such site features by the total lot area.
[Added 7-26-2016 by Ord.
No. 14-2016]
The shortest distance between the front and rear property
lines of any lot. If a lot does not have parallel front and rear lines,
the average of such depths taken at ten-foot intervals throughout
its width shall constitute its depth.
The shortest distance between the intersection points of
the side lines of a lot with the front street right-of-way line. In
the case of corner lots, the frontage shall be measured along a straight
line between the intersection point formed by the projection of two
street side lines and the intersection point of a side lot line with
a front street right-of-way line.
A lot other than a corner lot.
A lot that fronts upon two streets or that fronts upon two
streets that do not intersect at the boundaries of the lot.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way,
also referred to as a "street line." In the case of corner lots or
through lots, the line on which the primary entrance faces.
The lot line opposite and most distant from the front lot
line or the point at which the side lot lines meet.
Any lot line other than a front or rear lot line.
The distance between the side lot lines, measured at the
building setback line.
The lower section of the Zinc Mine Zone, as defined in the last sentence of § 161-33I(1).
[Added 11-25-2008 by Ord. No. 20-2008]
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in Section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5)
and cash.
Any development plan not defined herein as a minor site plan and determined to be required in accordance with the provisions of § 161-9 of this chapter.
Any subdivision not classified as a minor subdivision.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as oils, plastics, resins or liquors.
Any hood, canopy, awning or permanent construction that projects
from the wall of a building, usually above an entrance.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28 et seq.
The chief executive of the Borough.
A cavity in the earth from which minerals and ores are extracted;
the act of removing minerals and ores.
A plan for a single lot, involving a permitted use on a nonresidential property, with an existing structure or structures, and not involving a planned development, any new street, off-tract improvements or any variances. The determination of whether a minor site plan is required shall be guided by §§ 161-9 and 161-14 of this chapter. In such instances, when a minor site plan is permitted, in lieu of a major site plan, it may be approved by either the Planning Board, Board of Adjustment or a committee established by ordinance, provided that the minor site plan is in accordance with the procedures and requirements contained in § 161-14 and elsewhere in this chapter. The reviewing agency may, in its discretion, waive the requirement for a minor site plan or portions thereof, provided that the health, safety and general welfare of the community are not negatively impacted.
Any subdivision containing not more than three lots and which
does not involve a planned development, any new street or the extension
of any off-tract improvement. Any lot or remaining land approved as
a minor subdivision shall not be submitted as a minor subdivision
within five years from the date of approval as a minor subdivision.
Such lot or tract may be submitted as a major subdivision.
A building that contains more than one permitted use.
Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.).
A one-family dwelling structure, transportable in one or
more sections, which is eight feet or more in width and is 32 or more
body feet in length and which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected
to required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained herein.
An area or tract of land designed and intended to accommodate
a group of modular homes, each home located on its own lot or site
within the tract.
A one-family dwelling structure fabricated or partially fabricated
or partially fabricated off site, the whole or sections of which are
transported to an intended site for placement on a permanent foundation,
or a mobile home as defined herein.
A building or a group of buildings containing motel units,
each unit having direct access to the outside of the building, which
may, but need not, have access to an interior hallway or lobby; said
building or buildings having full-time management, and which may contain
restaurants and recreation facilities primarily intended to serve
transient guests of the motel.
The Planning Board, Board of Adjustment or the Borough Council
when acting pursuant to the Municipal Land Use Law.
N.J.S.A. 40:55D-1 through 40:55D-92, as amended.
Any use made by the Borough of Franklin of property owned
or leased by it or legally under its control by easement, license
or otherwise.
The ground surface in its original state before any grading,
excavation or filling.
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.
Any sign lawfully existing on the effective date of an ordinance,
or any amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of this chapter.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment to 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.
Any environmental pollutant, such as smoke, odors, liquid
wastes, solid wastes, radiation, noise, vibration, glare, or heat.
Any individual, firm, association, corporation or any other
legal entity and shall include the owner or subdivider, or both, as
may be required by the Borough. The obligor shall be responsible for
posting and executing any required performance guaranty.
A room, group of rooms or building used for conducting the
affairs of a business, profession, service, industry or government.
A 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 Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
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 a 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 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.
The keeping in an unenclosed area of any goods, junk, material,
merchandise or vehicles in the same place for more than 24 hours.
An individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Any open area, including parking spaces and access aisles
providing direct access thereto, used for the temporary storage of
automobiles and other permitted licensed 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 street or other public way),
including parking spaces and aisles, used for the temporary storage
of automobiles and other permitted vehicles and available to the public,
with or without compensation, or as an accommodation for clients,
customers and employees.
Any public or private parking area or garage.
A space for the off-street parking of one operable, licensed
motor vehicle within a public or private parking area.
A building or structure that, because of fire, flood, explosion
or other calamity, requires the rebuilding of less than half of its
floor area.
For 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.
A level, surfaced area directly adjacent to a principal building
at or within 10 inches of the finished grade, not covered by a permanent
roof and used primarily for passive recreation.
A roofed enclosure up to 12 feet in height on top of a building
and occupying not more than 20% of the main roof area.
A test designed to determine the ability of the ground to
absorb water and used to determine the suitability of the soil for
drainage or for septic system use.
Any security which may be accepted by the Borough, including
cash, provided that a municipality shall not require more than 10%
of the total performance guaranty in cash.
See also § 161-26.
Adopted by ordinance pursuant to Subsection
52d (N.J.S.A. 40:55D-65d) regulating noise levels, glare, skyglow,
earthborne or sonic vibrations, heat, radiation, television or radio
waves, noxious odors, toxic materials, explosive and inflammable materials,
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; or
Required by applicable federal or state laws
or municipal ordinances.
A test to determine the ability of soil to transmit water.
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel, including
the following: cleaning and pressing service, linen supply, diaper
service, beauty shops, barbershops, shoe repair, clothing rental,
locker rental, porter service and domestic services.
A residential community provided for permanent residents
aged 55 years or over in which the residential property and the residential-related
open space, recreational facilities and common area are all owned
by a mutual nonprofit corporation or corporations established pursuant
to the laws of the State of New Jersey and also governed by Section
213 of Title 11 of the National Housing Act (or provisions of a substantially
similar or comparable nature) or by individuals, condominium associations
or other entities, all of which shall have rules and regulations controlling
the development, operation and maintenance in conformance with this
chapter.
A map or maps of a subdivision or site plan.
A roofed open area, which may be screened, attached to or
part of and with direct access to or from a building.
The conferral of certain rights, pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and
40:55D-49), prior to final approval after specific elements of a development
plan have been agreed upon by the board 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.
A building in which is conducted the main use of the lot.
A use which is not permitted in a zone.
A lot, parcel, or tract of land, together with the building
and structures located thereon.
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 and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
Improvements which the Board may deem necessary or appropriate,
including but not limited to streets, grading, pavement, gutters,
curbs, sidewalks, streetlighting, shade trees, surveyors monuments,
water mains, culverts, storm sewers, sanitary sewers, drainage structures,
erosion control and sedimentation control devices, public improvements
of open space and, in the case of site plans, other on-site improvements
and landscaping.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, hydrants, valves, mains or structures or sewer
pipes, together with accessories and appurtenances, maintained, operated
and conducted for the service, convenience, necessity, health and
welfare of the public and not including wireless telecommunication,
facilities.[3]
A business of operating a quarry limited to surface excavation,
drilling, blasting, crushing, screening of stone, rock, shale, slate
or other natural mineral resources, the movement of excavated materials
in preparation for processing as well as the processing, operation,
loading and transporting of these materials including warm-up and
maintenance of equipment used in the operation of a quarry.
A person/company/entity that is engaged in and/or manages
or controls or who will engage in and/or will control the operation
of a quarry.
The crushing, washing, sorting, milling, drying, mixing and
blending of quarry-produced products, separately or with other materials
to create a new product, material or substance and the packaging and
shipping of processed quarry products or other processing of excavated
materials on site, including the mixing or batching of materials to
process concrete.
A majority of the full authorized membership of a municipal
agency.
Release of collected or directed stormwater through soil
infiltration.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including:
BOATS and TRAILERS—Includes any type of
boat, float or raft, plus the normal equipment to transport the same
on the public highway.
CAMP TRAILER or FOLDING TENT TRAILER—A
vehicular, portable structure built on a chassis or metal-walled body
unit, mounted on wheels with a superstructure made, in part or in
whole, of canvas and metal frame, and designed for travel, recreational
and vacation uses.
MOTORIZED HOME—A portable dwelling designed
and constructed as an integral part of a self-propelled vehicle.
PICKUP CAMPER—A structure designed primarily
to be mounted on a pickup or truck and with sufficient equipment to
render it suitable for a temporary dwelling for travel, recreational
or vacation uses.
TRAVEL TRAILER—A vehicular, portable structure
built on a chassis, designed to be used as a temporary dwelling for
travel, recreational or vacation uses.
A place where sports, leisure time activities and customary
and usual recreational activities are carried out.
Facilities operated as a business and open to the public
for a fee.
An accessory use located on the same lot as the principal
permitted use and designed to be used primarily for the occupants
of the principal use and their guests.
Facilities operated by a private organization and open only
to bona fide members and guests of such organization.
Facilities operated by the Borough, county or other governmental
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.
An establishment engaged in the experimentation, testing
and development of products.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
An establishment where food and drink are prepared and/or
served by waiters or waitresses and consumed at tables or counters
within the principal building, including sidewalk dining, where allowed,
and take-out service without facilities for drive-through order and/or
for drive-through pickup.
An establishment where food and drink are prepared, served
by waiters or waitresses and consumed primarily within the principal
building with facilities for drive-through order and/or drive-through
pickup.
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; or 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 made
so as to combine existing lots by deed or other instrument.
The growing, cultivation, storage and sale of garden plants,
flowers, trees, shrubs and fertilizers, as well as the sale of garden
tools and similar accessory and ancillary products, to the general
public.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and without
necessarily rendering services incidental to the sale of such goods.
Establishments engaged in providing services for individuals,
businesses, government and other organizations and includes finance;
insurance, real estate and personal services; business services and
miscellaneous repair services; motion pictures, amusement and recreation
services; health services and educational services; social services;
museums, art galleries, botanical gardens and zoological gardens.
The display and sale of products and services outside of
a building or structure, including garden and landscaping supplies,
flowers, shrubs, plants, produce, farm equipment, building and construction
materials and boats, but excluding new or used vehicles.
Establishments engaged in selling merchandise for individuals,
businesses, government and other organizations on a retail basis.
A stormwater management basin designed to retain some water
on a permanent basis.
The lines that form the boundaries of a right-of-way.
A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving radio waves
from satellites.
Any building or part thereof which is designed, constructed
or used for education of students up to and through the secondary
level and licensed by the State of New Jersey.
Any solid material that is in suspension and is being or
has been moved by water, ice, wind, gravity or other means.
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.
The required yard or distance between buildings and property
lines.
That line to which a building must be set back from the property
line.
An accessory structure or building used primarily for storage
purposes.
A triangular shaped portion of land established at intersections
and driveways in accordance with the requirements of this chapter
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to limit or obstruct sight distance of motorists
entering or leaving the intersection.
Any device, fixture, placard or structure that uses color,
form, picture, display, graphic, illumination, symbol or writing to
advertise, attract attention to, announce the purpose of or identify
a person, entity or thing or to communicate any information to the
public.
SIGN, AREA OFThe product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the letter, illustration, display or background are attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, whichever is the grater. For signs with two display faces, the maximum area requirements shall be permitted on each side.
SIGN, ERECTION OFTo build, construct, attach, place, suspend or affix a sign and shall also include the painting of wall signs or displays on the exterior surface of a building or structures, and the changing of wording or any other material change in any sign shall be considered as the erection of a new sign. Erection of a sign shall not include repainting, repair or change in wording of an existing sign so long as the size, shape or other structural element is not altered.
FLASHING SIGNA sign, lighted by any means, either internally or externally, by an intermittent source of illumination which blinks or flashes on and off.
FREESTANDING SIGNAny sign supported by uprights or braces placed upon or in the ground, not attached to any building, the display area of which is located above normal eye level.
GROUND SIGNAny sign supported by uprights or braces placed upon or in the ground, not attached to any building, the display area of which is located at or approximately at normal eye level.
ILLUMINATED SIGNAny sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper.
NEON SIGNA sign consisting of tubes in which neon or a similar gas or gases is used as one of the ingredients to provide illumination.
ROTATING, REVOLVING or MOVING SIGNA sign, however or whether illuminated, which is so designed as to revolve, rotate or move in any way or manner or which any part is designed to revolve or move in any way or manner.
WALL SIGNA sign which is affixed parallel to or painted on an exterior wall of any building but does not extend beyond the edges of the wall to which it is attached.
[Amended 12-8-2015 by Ord. No. 13-2015]
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
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.
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 board,
adopted pursuant to N.J.S.A. 40:55D-37 et seq.
Deviation of a surface from the horizontal, usually expressed
in percent.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
A structure that is used for the shelter and care of horses
and cattle.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
A land area where the slope exceeds 15%.
The keeping or placing of goods, wares, materials, merchandise
or equipment in a warehouse or other structure or in any open space
for over 24 hours.
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.
Collection and storage of stormwater runoff with release
being through infiltration and evaporation.
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 space under a sloping roof that has the line of intersection
of the roof decking and wall face not more than three feet above the
top floor level and in which space the possible floor area with a
headroom of five feet or less occupies at least 40% of the total floor
area of the story directly beneath.
A watercourse having a source, terminus, banks and channel
through which waters flow at least periodically.
Any river, stream, pond, lake or wetland, together with adjacent
upland areas, that supports protective bands of vegetation that line
the waters' edge.
A street, avenue, boulevard, road, parkway,
viaduct, drive or other way:
Which is an existing state, county or municipal
roadway.
Which is shown upon a plat heretofore approved
pursuant to law.
Which is approved by official action as provided
by this chapter.
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.
For the purpose of this chapter, "street" shall
be classified as follows:
STREET, COLLECTOR—A street that collects
traffic from local streets and connects with major and minor arterials.
STREET, LOCAL—A street intended primarily
for access to individual properties and designed for local traffic.
STREET, MAJOR ARTERIAL—Any street or road
intended to carry large traffic volumes at steady speeds through the
Borough.
STREET, MINOR ARTERIAL—Any street that
collects and distributes traffic to and from collector streets.
STREET, SERVICE—A street running parallel
to a freeway or major arterial and serving abutting properties.
Commercial or retail uses, usually one story high and one
store deep with the majority of parking between the building and the
street.
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 chapter if no new streets are created:
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.
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.
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 the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or Atlas of the Borough.
The term "subdivision" shall also include the
term "resubdivision."
A map showing the boundary lines of the property and location
of existing improvements thereon, prepared by a licensed land surveyor.
A certification in lieu of oath or affidavit confirming the
accuracy of the survey.
An antenna that transmits or receives radio frequency signals
for wireless telecommunications towers and the users of towers or
other structures.
An event or happening that is carried out primarily out of
doors at a scheduled time or for a fixed period of time, including
flea markets, fireworks and other displays, public speeches or performances,
seasonal sales, swap markets, group picnics, concerts and kiosks,
and for which a permit or license may be necessary.
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances.
The enclosed area in which the tower and its appurtenances
are located.
Property which is the subject of a development application.
That portion of the Zinc Mine Zone that is not in the Lower
ZM Zone.
[Added 11-25-2008 by Ord. No. 20-2008]
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
The main or primary activity of any lot or parcel.
Permission to depart from the literal requirements of this
chapter.
A secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
state requirements as a vocational facility.
Permission to depart from the requirements of this chapter
with respect to the submission of required maps or documents.
A building or place adapted to the reception and storage
of goods, wares, materials and merchandise.
The accessory structures or uses serving the tower site such
as equipment sheds, telecommunications antenna and fences.
A freestanding, vertical structure designed to support one
or more wireless telecommunications antenna. The height of the tower
shall not include a lightning rod. This definition shall not apply
to amateur or ham radio towers.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter shall be unoccupied and unobstructed from the
ground upward except as may be specifically provided in this chapter.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at its closest point to the front lot line. Said front yard shall
be unoccupied and unobstructed from the ground upward, except as may
be permitted elsewhere in this chapter.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building at its closest point to the rear lot line. Said rear
yard shall be unoccupied and unobstructed from the ground upward,
except as may be permitted elsewhere in this chapter.
A space extending from the front yard to the rear yard between
the principal building and the side lot line.
The Zoning Board of Adjustment as established under this
chapter.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition
precedent to a change in tenancy, the commencement of a use or a change
of use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building.
Which acknowledges that such use, structure
or building complies with the provisions of this chapter or variance
therefrom duly authorized by the appropriate agency of the Borough
pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
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[1]
Editor's Note: Schedule A is included at the end of this chapter.
[2]
Editor's Note: Ordinance No. 6-2007, adopted
3-13-2007, also provided that the amendments contained in this subsection
do not apply to any existing building which has obtained the requisite
permits and approvals, including but not limited to a certificate
of occupancy, for any work performed prior to the adoption of this
ordinance ("prior approvals"). However, in the event the property
owner seeks to amend the prior approvals subsequent to the adoption
of this ordinance, this definition shall apply.
[3]
Editor's Note: The former definition of "quarry,"
which immediately followed this definition, was repealed 6-24-2008
by Ord. No. 6-2008.
