This chapter may be cited and referred to as
the Freehold Township Land Use Ordinance.
It is the intent and purpose of this chapter:
A.
To encourage action to guide the appropriate use or
development of all lands in Freehold Township 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 Freehold 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, neighborhoods, communities, and regions and preservation
of the environment.
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.
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, historic
sites and districts, energy resources and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
K.
To encourage planned unit developments or similar
uses which incorporate the best features of design and relate the
type, design and layout of residential, commercial, industrial and
recreational development to the particular site.
L.
To encourage senior citizen community housing construction.
M.
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.
N.
To promote the conservation of energy through the
use of planning practices designed to reduce energy consumption and
to provide for maximum utilization of the normal energy sources.
O.
To promote the maximum practicable recovery and recycling
of recyclable materials from solid waste through the use of planning
practices designed to incorporate the state recycling plan goals and
to complement the Monmouth County and Freehold Township recycling
programs.
A.
For the purpose of the chapter, unless the context
clearly indicates a different meaning:
(1)
The term "shall" indicates a mandatory requirement,
and the term "may" indicates a permissive action.
(2)
The word "lot" includes the word "plot" or "premises."
(3)
The word "used" includes the words "intended to be
used," "designed to be used," or "arranged to be used,"
(4)
The word "occupied" includes the words "intended to
be occupied," "designed to be occupied," or "arranged to be occupied."
(5)
The word "demonstrate" means to provide such visual,
written or oral information as will enable the designated reviewing
agency or board to ascertain the scope and nature of a proposed use
and operation, and to render an informed opinion or decision thereon.
(6)
The phrase "adjacent to a residential zone district"
shall not include a residential zone district separated from a property
by a highway of four or more travel lanes.
[Added 7-13-2006 by Ord. No. O-06-27]
B.
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
ADMINISTRATIVE OFFICER
ADULT
ADULT BOOKSTORE
ADULT MOTION-PICTURE THEATER
ADVERSE EFFECT
AESTHETIC AND HISTORICAL QUALITIES
AGRICULTURE
ALTERATIONS, STRUCTURAL
ALTERNATIVE MOTOR VEHICLE FUELING STATION
ALTERNATIVE MOTOR VEHICLE FUELS
ALTERNATIVE TOWER STRUCTURE
ANTENNA
APARTMENT
APPLICANT
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
AQUIFER RECHARGE AREA
ARTIST'S BODY PAINTING STUDIO
AUCTION or AUCTION MARKET
AUTOMOBILE DEALERSHIP REPAIR AND MAINTENANCE FACILITIES
BACKHAUL NETWORK
BASEMENT
BLOCK
BOARDINGHOUSE
BUFFER
BUILDING AREA
BUILDING COVERAGE
BUILDING HEIGHT
(1)
(2)
BUILDING LINE
BUILDING MATERIALS
BUILDING, PRINCIPAL
BUILDINGS
CABARET
CAMPGROUND
CAMPSITE
CAPITAL IMPROVEMENT
CELLAR
CERTIFICATE OF DEVELOPMENT CREDIT
CHANGE OF USE
CIRCULATION
CLEAR-SIGHT DISTANCE
COMMERCIAL SCHOOLS
COMMUNITY RESIDENCES FOR DEVELOPMENTALLY DISABLED; COMMUNITY
SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE; COMMUNITY RESIDENCES FOR
THE TERMINALLY III; AND COMMUNITY RESIDENCES FOR PERSONS WITH HEAD
INJURIES
COMPATIBLE USE
COMPLETE APPLICATION
CONDITIONAL USE
CONDOMINIUM
CONGREGATE LIVING FACILITY
CONGREGATE LIVING FACILITY FOR THE ELDERLY
CONVENTIONAL DEVELOPMENT
COOPERATIVE SOBER LIVING RESIDENCE (CSLR)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
COUNTY MASTER PLAN
COWORKING SPACE
CRITICAL AREA
DAYS
DEVELOPABILITY
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DIVISION
DORMITORY (as applicable to Hospital Zone)
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DRIVE-THROUGH FACILITY
DWELLING, MULTIPLE FAMILY, or MULTIFAMILY HOUSING DEVELOPMENT
DWELLING, ONE FAMILY
DWELLING, TWO FAMILY
DWELLING UNIT
EARTH ANTENNA or GROUND TERMINAL
EARTH TERMINAL, COMMERCIAL
EARTH TERMINAL, PERSONAL
EASEMENT
ELECTRONIC GRAPHIC DISPLAY SIGN
EMERGENCY STANDBY GENERATOR FOR GASOLINE OR ALTERNATIVE MOTOR
VEHICLE FUELING STATIONS
ENTERTAINMENT EVENT CENTER
ENVIRONMENTAL COMMISSION
EROSION
ESSENTIAL SERVICES
EXCAVATION or CUT
EXTENSION SCHOOL
FAA
FAMILY
FARM
FARM MARKET
FARM STAND
FCC
FENCE
FINAL APPROVAL
FLEA MARKET
FLOOR AREA
FLOOR AREA; GROSS HABITABLE OR GROSS LEASABLE; FLOOR AREA RATIO
(1)
(2)
(3)
FORESTER
FUELING PRODUCT PRICE SIGN
FUNERAL HOME
GARAGE
GARAGE, PRIVATE
GARAGE SALE
GARDEN APARTMENT
GRADE, FINISHED
GENERAL DEVELOPMENT PLAN
HISTORIC COMMERCIAL VILLAGE
INDOOR COMMERCIAL RECREATION
INSTRUCTIONAL SCHOOLS AND STUDIOS
LED
HISTORIC SITE
HOTEL/MOTEL
HOUSE OF WORSHIP
IMPERVIOUS SURFACE
INTERESTED PARTY
(1)
(2)
JUNKYARD
LIFE CARE FACILITY
LIFE CARE RETIREMENT FACILITY
LONG-TEAM-CARE FACILITY
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT LINE
LOT FRONTAGE
LOT WIDTH
LOT YIELD PLAN
MAINTENANCE GUARANTEE
MASSAGE SHOP
MASTER PLAN
MINOR SITE PLAN
(1)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
MAJOR SUBDIVISION
MINOR SUBDIVISION
MULCHING
NEIGHBORHOOD COMMERCIAL
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NON-OXFORD HOUSE MODEL RECOVERY HOME
NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS)
NOTICE
OBSCENE MATERIAL
(1)
(2)
(3)
OFFICIAL COUNTY MAP
OFFICIAL MAP
OFFICIAL NEWSPAPER
OFF SITE
OFF TRACT
ON SITE
ON TRACT
OPEN SPACE
OXFORD HOUSE MODEL RECOVERY HOME
PAD SITE
PARTY IMMEDIATELY CONCERNED
PERFORMANCE GUARANTEE
PERSONAL SERVICES
PLANNED ADULT COMMUNITIES
PLANNED DEVELOPMENT
PLANNED UNIT DEVELOPMENT
PLANNING BOARD
PLAT
PORTABLE ON-DEMAND STORAGE STRUCTURE
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS
PRINCIPAL USE
PROFESSIONAL OFFICE
PUBLIC AREAS
PUBLIC DEVELOPMENT PROPOSAL
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
QUORUM
RECEIVING AREA
RECOVERY HOME
RECYCLING AREA
REGIONAL MALL SHOPPING CENTER
RESIDENTIAL DENSITY
RESTAURANT
RESTAURANT, COUNTER-SERVICE
RESTAURANT, FAST-FOOD
RESTAURANT, FULL-SERVICE
RESUBDIVISION
(1)
(2)
RETAIL
RETAIL STACK STORAGE
ROOMING HOUSE
SEDIMENTATION
SELF-SERVICE STORAGE FACILITY
SENDING AREA
SHOPPING CENTER
SITE DEVELOPMENT AREA
SITE PLAN
(1)
(2)
(3)
SLOPE
SPECIAL-NEEDS HOUSING
(1)
(2)
(3)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STANDARDS OF PERFORMANCE
(1)
(2)
STATIC SIGN
STORE
STORY
STORY, HALF
STREAM
STREET
STREET LINE
STRUCTURE
SUBDIVISION
(1)
(2)
(3)
(4)
(5)
SUBDIVISION COMMITTEE
SWIMMING POOL, PRIVATE
SWIMMING POOL, PUBLIC; SWIM CLUB
TATTOO SHOP
TOWER
TOWER HEIGHT, WIRELESS TELECOMMUNICATIONS TOWER
TOWNHOUSE
TOWNSHIP AGENCY
TRANSCRIPT
USABLE AREA
VARIANCE
WAREHOUSE
WAREHOUSE CLUB
WIRELESS TELECOMMUNICATIONS TOWER
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING PERMIT
As used in this chapter, the following terms shall
have the meanings indicated:
A freestanding building or structure subordinate to and customarily
incidental to the principal building or structure on the same lot.
A use which is subordinate to and customarily incidental
to the principal use located on the same lot; where an accessory use
is contained in a structure which is attached to the principal building,
such building shall be considered part of the principal building for
the purpose of determining the required yard dimensions.
The individual appointed to administer the provisions of
this chapter except when a matter has been appealed to the Township
Committee and/or is pending before the Township Committee, then and
in that event, the administrative officer shall be the Clerk of the
Township.
Any person or persons who have attained the age of 18 years.
An establishment, business or use having as a predominant
part of its stock-in-trade books, magazines, photographs, pictures,
films, devices or other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating specified
sexual activities or specified anatomical areas and limiting the sale
of such sexual matter to adults.
An enclosed building with the capacity of one or more persons
used predominately for presenting material distinguished or characterized
by an emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas presented for observation
by patrons therein.
Development designs, situations, or existing features on
a developer's property, or any nearby property, creating, imposing,
aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying
conditions such as layout inconsistent with the zoning regulations,
insufficient street width, unsuitable street grade, unsuitable street
location, inconvenient street system, inadequate utilities such as
water, drainage, shade trees, and sewerage, unsuitable size, shape
and location for any area reserved for public use or land for open
space in a planned development, infringement upon land designated
as subject to flooding, and the creation of conditions leading to
soil erosion from wind or water from excavation or grading.
Those qualities possessed by any building, set of buildings,
site, area or parcel of land which by virtue of its role in history
or general appearance represents a unique quality or feature in the
Township.
A use of substantially undeveloped land devoted to the production
of plants and/or animals useful to man and/or such properties that
are classified as agricultural by virtue of the Farmland Use Taxation
Laws.
Any change, relocation, or rearrangement of any supporting
members, exterior walls or roofs of an existing building.
A facility for the retail sale of alternative motor vehicle
fuels from pumps to motor vehicles. Alternative motor vehicle fueling
stations may operate 24 hours per day.
[Added 5-28-2013 by Ord. No. O-13-16]
Fuels other than gasoline, gasohol, Ethanol 85, Methanol
85, diesel or kerosene that propel vehicles. Alternative motor fuels
include, but are not limited to, LPG (propane, butane), compressed
natural gas (CNG), biodiesel, hydrogen, liquefied natural gas (LNG)
or electricity.
[Added 5-28-2013 by Ord. No. O-13-16]
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.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
A dwelling unit in a building having two or more dwelling
units therein and sharing services such as entranceways, hallways,
basements, attics, heating systems, plumbing, or other similar shared
services within the building singularly or in combination.
[Amended 3-25-2003 by Ord. No. O-03-3]
A developer submitting an application for development.
The application form and all accompanying documents required
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.
The Planning Board unless a different agency is designated
when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
An area where rainfall infiltrates the ground to water-bearing
geological formations for retention.
An establishment or business which provides the service of
applying paint or other substances, whether transparent or nontransparent,
to or on the human body when such body is fully or partially nude.
A room, building or open air area space regularly or periodically
devoted to the sale of goods to the highest bidder.
[Added 6-17-2008 by Ord. No. O-08-11]
Facilities operated by automobile dealerships located in
Freehold Township involved in providing repair and maintenance services
for new and used automotive vehicles, such as passenger cars, trucks,
vans, and trailers, that employ mechanics with specialized technical
skills to diagnose and repair mechanical and electrical systems for
automotive vehicles, repair automotive interiors; paint or repair
automotive exteriors including bodies and frames; and repair and replacement
of engines, exhaust systems, transmissions and glass; and to provide
automotive vehicle services including motor oil and lubrication, car
washes and detailing in accordance with Subsector 811 of the North
American Industry Classification System.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
A story partly underground, but having less than 1/2 its
height below the average level of the adjoining ground.
An area bounded by streets.[1]
The meaning set forth in N.J.S.A. 55:13B-3.
[Added 4-25-2023 by Ord. No. O-23-4]
A landscaped area designed to act as a visual screen between
a potentially unsightly or otherwise undesirable or incompatible use
and adjacent properties.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The horizontal area measured within the outside of the exterior
walls of all principal and accessory buildings on a lot.
[Added 3-28-2023 by Ord. No. O-23-3]
PRINCIPAL BUILDINGThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
ACCESSORY BUILDINGThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.
A line formed by the intersection of a horizontal plane and
a vertical plane that coincides with the most projected exterior surface
of the building. All yard requirements are measured to the building
line.
Materials that can be arranged, united, or joined to support,
frame, enclose, sheath, or be otherwise fashioned into a building
or structure. Such materials include, but are not limited to, rough
or dressed lumber, millwork, roofing, shingles, wallboard, molding,
plywood, Sheetrock, bricks, doors, windows, paneling, or concrete
block.
A building in which is conducted the main or principal use
of the site on which it is situated.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
A structure having a roof supported by columns, piers or walls, including
tents, lunch wagons, trailers, dining cars, camp cars or other structures
on wheels or other supports, and designed or used for shelter, housing
enclosure, or storage of persons, animals or chattel.
An establishment or use which features topless dancers, go-go
dancers, exotic dancers, strippers, male or female impersonators or
similar entertainers.
A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units of the general
public as temporary living quarters for children or adults, or both,
for a maximum of 15 days in any calendar year, for recreation, education
or vacation purposes.
[Amended 12-27-2005 by Ord. No. O-05-48]
Any plot of ground within a campground intended for the exclusive
occupation by camping unit or units under control of the camper.
A public acquisition of real property or major construction
project.
A story partly underground and having more than 1/2 its height
below the average level of the adjoining ground.
A calculation of the Planning Board indicating the existence
of a certain specified number of development credits as determined
by the Township of Freehold.
Any alteration or modification which results in a use which
is not substantially of the same kind or purpose as the original use.
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage, or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
A line of unobstructed vision from a point 4 1/2 feet
above the center line of a street or alley to the nearest point on
the top of an object four inches high of the same center line.
An organization which teaches and provides courses of study
of value and benefit to the general populace for a fee, which may
include but not be limited to the following general examples of commercial
schools: aircraft, archery, arts and crafts, barber, beauty, cooking,
dancing, driving, modeling and reading.
Two or more uses of land not in conflict with each other.
An application completed as specified by the completeness checklists adopted pursuant to § 190-4B hereof, provided that the Township agency may require such additional information not specified in the section, 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 any such additional information or any revisions in the accompanying documents so required by the Township agency. An application shall be certified as complete upon the meeting of all requirements specified in the completeness checklists adopted pursuant to § 190-4B hereof, 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 Township agency.
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.
A form of ownership of real property which consists of the
building or buildings, common elements and other property described
in a master deed and as generally set forth in N.J.S.A. 46:8A-1 et
seq.
Residential facilities containing congregate kitchen, dining
and living areas, but with separate sleeping rooms. Such facilities
shall not be used for persons in need of the skilled care or structured
care of a nursing home or institution.
A residential facility for four or more elderly (age 60 or
older) within which is provided living and sleeping facilities, meal
preparation, laundry services, and room cleaning. Such facilities
may also provide other services such as transportation for routine
social and medical appointments and counseling.
Development other than planned development.
A recovery home that is a rooming or boardinghouse that has
been issued an "F" license by the New Jersey Department of Community
Affairs pursuant to N.J.A.C. 5:27-1.1 et seq. It does not operate
as a single housekeeping unit. The 2017 New Jersey Uniform Construction
Code[2] defines a CSLR as "a residential setting that serves solely
as a home for individuals who are recovering from drug or alcohol
addiction and is intended to provide an environment where the residents
can support each other's sobriety and recovery." In addition to the
other requirements specified in the regulations, a cooperative sober
living residence must satisfy the following criteria:
[Added 4-25-2023 by Ord. No. O-23-4]
Management by an entity or organization that provides an operator
who shall reside in the residence and exercise some level of control
over the operation of the residence and establishes the residence's
rules;
Occupancy shall not exceed 10 individuals, exclusive of the
operator;
The requirement of the maintenance of an alcohol- and drug-free
environment;
No provision of on-site counseling therapy, clinical treatment,
or alcohol and/or drug treatment by the licensee;
No provision of food, laundry, financial, or other personal
services by the licensee;
Ability of licensee, at its discretion, to provide nonclinical
recovery and support services. The licensee may also elect to mandate
or encourage residents to attend self-help recovery programs, participate
in activities related to maintaining sobriety and continuing recovery,
or receive off-site services deemed desirable or necessary to maintain
sobriety; and
Ability of licensee, at its discretion, to require drug or alcohol
testing of residents.
A composite of the Master Plan for the physical development
of Monmouth County, New Jersey, with the accompanying maps, plats,
charts and descriptive and explanatory matter adopted by the Monmouth
County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.[3]
A building or portion thereof consisting of a shared office
environment containing desks or other workspaces and customary office
facilities, which allows individuals and groups employed by various
organizations to operate independently or collaboratively.
[Added 5-25-2021 by Ord. No. O-21-10]
Lands within the one-hundred-year floodplain; wetlands and
wetlands buffers; lands containing steep slopes of 15% or greater;
lands that are highly erodible as indicated by an erodibility factor
"k" computed by the USDA Natural Resources Conservation Service for
soils of 0.40 or greater; lands which have a seasonal high-water table
of 24 inches or less; lands contained within conservation easements.
[Amended 9-13-2005 by Ord. No. O-05-30]
Calendar days.
The capability of a parcel of land to accommodate the uses
intended or proposed for it at the density intended or proposed for
it based upon this chapter and the Environmental Impact Ordinance.
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 alterations,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in use of
any building or other structure, or land or extension of use of land,
for which permission may be required pursuant to this chapter.
A land use ordinance, zoning ordinance, subdivision ordinance,
site plan ordinance, official map ordinance, or other Township regulation
of the use and development of land, or amendment thereto adopted and
filed pursuant to N.J.S.A. 40:55D-1 et seq.
The Division of State and Regional Planning in the Department
of Community Affairs.
A residence hall providing separate rooms or suites for individual
nurses or individual interns, or for groups of two, three or four
nurses or interns with common bathroom facilities, separate facilities
being provided for both sexes.
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 lands 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.
A facility such as a window or kiosk associated with a commercial
use which permits customers to order, pay for, or receive goods or
services while remaining in their automobile outside of an enclosed
building.
[Added 5-25-2021 by Ord. No. O-21-10]
A building designed for or occupied by three or more families
living independently of each other or a group of such buildings.
A detached building designed for or occupied exclusively
by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
A building, or portion thereof, providing complete living
facilities for one or more persons living together as a single housekeeping
unit in one or more rooms with cooking, living, sanitary and sleeping
facilities.
[Amended 6-17-2008 by Ord. No. O-08-11]
Any apparatus or device, commonly known as an earth terminal
antenna, earth terminal, earth station, satellite communications antenna,
satellite antenna, microwave dish antenna, or dish antenna and including
as part of such apparatus or device the main reflector, subreflector,
feed, amplifier and support structure which is designed for the purpose
of transmitting and/or receiving microwave, television, radio, satellite
or other electromagnetic energy signals into or from space, but not
including conventional personal television and radio and amateur radio
antennas.
Any type of earth terminal not defined as a personal earth
terminal.
An earth terminal intended solely for the reception of radio
and/or television signals from a satellite being employed for only
private, noncommercial purposes related to a residential use containing
fewer than 10 dwelling units.
The grant of the right to use land for certain public or
quasi-public purposes.
A sign or portion thereof that displays electronic, static
images, static words, static graphics or static pictures, with or
without text information, 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 where the message change sequence is accomplished immediately
or by means of fade, repixalization or dissolve modes. Electronic
graphic display signs include computer programmable, microprocessor-controlled
electronic or digital displays.
[Added 11-12-2013 by Ord. No. O-13-34]
A generator which is powered by natural gas or liquid gas
fuel and permanently connected to the electrical system of a gasoline
or alternative motor vehicle fueling station and only operates in
the event of a power outage in order to provide backup power to the
facility.
[Added 5-28-2013 by Ord. No. O-13-16]
A commercially operated enterprise within an enclosed building
that acts as a venue for concerts and community events containing
restaurants and other forms of entertainment. Entertainment event
centers shall contain a minimum of 40,000 square feet of space.
[Added 11-12-2013 by Ord. No. O-13-34]
The Freehold Township Environmental Commission.
Detachment and movement of rock or soil fragments by water,
wind, ice or gravity.
Facilities installed and/or maintained by a public utility
or governmental agency, including gas, electrical, telephone, telegraph,
water, sewage transmission and/or distribution systems and other similar
services, including mains, drains, sewers, pipes, conduits, cables,
and normal aboveground appurtenances such as fire alarm boxes, police
call boxes, light standards, poles, traffic signals, and hydrants,
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by public
utilities or municipal or other government agencies necessary for
the general health, safety and welfare of the public. Essential services
shall not be deemed to include wireless telecommunications towers
and antennas.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displayed or relocated.
Institutions which are affiliated with accredited colleges,
universities or other institutions of higher learning and which provide
courses of study at locations separate and apart from the main campus.
The Federal Aviation Administration.
Any number of individuals related by blood, marriage, adoption
or by agreement and their domestic employees, living together as a
single housekeeping and domestic unit, and sharing rooms and other
housekeeping facilities in common.
A parcel of land containing at least five acres which is
used for gain in the raising of agricultural products, livestock,
horses, poultry and dairy products, but excluding the raising of fur-bearing
animals and swine, riding academies, livery stables or dog kennels.
Any establishment predominantly engaging in the sale of agricultural
products and not qualifying as a farm stand as defined herein. The
property owner and/or farm market operator must apply for and receive
a zoning permit and site plan approval.
An establishment consisting of a stand, wagon, structure
or building, with a total gross floor area not exceeding 900 square
feet located on and/or immediately adjacent to agriculturally used
property from which is offered for retail sale to the general public
farm produce for human consumption, flowers or plants, 90% of which
is grown within the State of New Jersey.
The Federal Communications Commission.
A structure forming an enclosure of an open area and designed
to prevent straying from within or intrusion from without such enclosure,
or to provide a visual or physical barrier.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fullfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
A single location use wherein there are multiple vendors
who have paid a fee for the privilege of occupying the space allotted
to each vendor for the purpose of displaying and selling items of
tangible personal property. Said location may be either open, enclosed
or a combination of both. An enclosed "flea market" shall mean a flea
market at a single location enclosed in a building or structure, rather
than an open area not enclosed by a building or a structure.
[Added 6-17-2008 by Ord. No. O-08-11]
In any and all buildings, the total gross area of all floors.
In any and all buildings, the total gross area of all floors
shall be calculated as follows for the corresponding types of buildings:
[Amended 9-13-2005 by Ord. No. O-05-30; 4-28-2009 by Ord. No.
O-09-10]
FLOOR AREA, GROSS HABITABLEThe sum of the areas of the floor or floors of a building which are enclosed and suitable for human occupancy and have a clear ceiling height of at least seven feet, six inches, including closet space, attached garages and hallways, and excluding cellars, attics, dead air space, open porches, breezeways, and all accessory buildings. Such area shall be measured from outside to outside of exterior walls or from the center line of the wall separating two dwelling structures.
FLOOR AREA, GROSS LEASABLEThe sum of the areas of the floor or floors of a building or buildings which are enclosed and suitable for leasing to and utilized exclusively by commercial, office or service businesses. Covered sidewalks and enclosed mall open space areas, hallways, equipment rooms and entranceways, loading areas and similar space used in common or for the benefit of the shopping center or other areas not leased to tenants are excluded. Such area shall be measured from inside to inside of exterior walls or from a center line of the wall separating two commercial/industrial structures.
FLOOR AREA RATIO (FAR)The sum of the floor area of all floors of buildings or structures, as calculated using the definitions set forth in “floor area,” compared to the developable total area of the site.
The Township employee holding the position of "Supervisor--Trees." See Chapter 336, Trees, of the Code of the Township of Freehold.
A sign designed to advertise fuel prices for gasoline and
alternative motor vehicle fueling stations that may be operated manually
or electronically.
[Added 5-28-2013 by Ord. No. O-13-16]
A structure or facility in which deceased human beings are
prepared for ultimate burial or other disposition off site, and in
which reception areas for viewing and final rites are provided.
Any building other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
lubrication, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
A garage, whether attached or freestanding, used for storage
purposes only and having a capacity of not more than three automotive
vehicles or not more than one automotive vehicle per family housed
in the building to which such a garage is accessory, whichever is
greater. Space between may be utilized for not more than one commercial
vehicle, and space may be rented for not more than two vehicles of
other than occupants of the building to which such garage is accessory.
Three-car garages shall not exceed 24 feet by 36 feet and 864 square
feet, two-car garages shall not exceed 24 feet by 24 feet and 576
square feet and one-car garages shall not exceed 24 feet by 12 feet
and 288 square feet.
[Amended 9-24-2013 by Ord. No. O-13-30]
Shall mean and include all sales entitled "garage sale,"
"lawn sale," "attic sale," "rummage sale," “yard sale”
or any similar casual sale of tangible personal property which is
advertised or displayed by any means whereby the public at large is
or can be made aware of the sale.
[Added 6-17-2008 by Ord. No. O-08-11]
A multiple family dwelling or dwellings designed and constructed
as a functional unit, not exceeding two stories in height, providing
a resident superintendent, and featuring the extensive use of lawn
areas and landscaping.[4]
The elevation of the completed surface of lawns, walks, and
roads brought to grades as shown on official plans or designs relating
thereto, or already in existence.
A comprehensive plan for the development of a planned development.
[Added 12-23-2014 by Ord. No. O-14-19]
A planned commercial development which contains a mixture
of offices, retail stores, shops, personal services, restaurants,
and other nonresidential uses as specified in this chapter. An historic
commercial village shall be designed in a manner such that the architecture
of the new buildings as well as the layout of the site are designed
to complement the historic buildings and structures on the site as
well as the historical character of Freehold Township.
An establishment where recreation activities are provided
to the general public within an enclosed building and for which user
fees are charged. Uses include, but are not limited to, movie theaters,
performing arts facilities, assembly halls, roller- and ice-skating
rinks, indoor climbing gyms, amusement arcades, bowling alleys, billiards,
batting cages, play equipment, and virtual experience centers. Indoor
commercial recreation does not include fitness and recreational sports
centers (NAICS 713940), nightclubs, or instructional schools or studios.
[Added 5-25-2021 by Ord. No. O-21-10]
Establishments which provide classes, instruction, courses
of study, and workshops to the general public, including, but not
limited to, dance, yoga, Pilates, personal training, culinary arts,
creative arts and crafts, music, martial arts, academics and athletics.
[Added 5-25-2021 by Ord. No. O-21-10]
Light-emitting diode, an electronic semiconductor device
that emits light when an electrical current is passed through it.
[Added 5-28-2013 by Ord. No. O-13-16]
Any building, structure, area or property that is significant
in history, architecture, archeology or culture of this state, its
communities or the nation, and which may be so designated by the Township
Committee.
A building containing guest sleeping bedrooms used, rented
out or hired out for sleeping purposes, where separate cooking or
kitchen facilities are not provided in individual rooms, but where
ancillary facilities, including restaurants, cocktail lounges, guest
services shops (for newspapers, magazines, personal goods, souvenirs,
sundries and similar types of items customarily provided in a motel
or hotel facility), exercise rooms, swimming pools and computer rooms
are provided within the building. In hotels or motels which provide
suites or guest rooms with two or more bedrooms, each bedroom shall
be deemed to be a separate guest sleeping bedroom for purposes of
this chapter.
[Amended 6-22-2004 by Ord. No. O-04-23; 11-1-2016 by Ord. No. O-16-15]
Any structure or building that is used as the regular site
for traditional services, meetings and/or gatherings of an organized
religious body or community, which services, meetings and/or gatherings
are presided over by the ordained or otherwise officially recognized
leader of that body or community. Exempted are incidental, ancillary,
temporary or sporadic meetings attended by a small number of persons
such that the character of the zone district in which it is located
is not compromised for occupants of properties in that area
[Added 9-25-2007 by Ord. No. O-07-25]
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
[Added 3-28-2023 by Ord. No. O-23-3]
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 Township agency, any person,
whether residing within or without the Township, 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.
The use of more than 200 square feet of any lot for the storage,
keeping, or abandonment of automobiles or boats not in operating condition
or other vehicles or machinery or parts thereof.
Any residential development providing efficiency, one-bedroom
and/or two-bedroom dwelling units with common dining, recreation,
and medical or nursing home facilities for persons 60 years of age
or older. A life-care facility must: 1) be licensed and staffed for
skilled care; 2) contain common kitchen and dining facilities; 3)
have call button monitoring systems and a medical file system; 4)
have on-premises physical therapy; 5) have on-premises personal services,
library, educational, social, and occupational facilities, and available
transportation.
A condominium/cooperative that has nursing home services
as part of the facility.
A facility or distinct part of a facility licensed by the
New Jersey State Department of Health and Senior Services as a long-term-care
facility in accordance with Title 8, Health, Chapter 39, Standards
for Licensure of Long-Term-Care Facilities, of the New Jersey Administrative
Code.
[Added 12-22-2015 by Ord.
No. O-15-25]
A designated parcel, tract, or area of land established by
a plan or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
The size of a lot measured between the lot lines and expressed
in terms of acres or square feet, but excluding that part of a lot
included in a street right-of-way.
A parcel of land at the intersection of and fronting on two
or more streets, the front yard thereof shall be that area of the
lot between a street and the main entrance to any building located
thereon.
The percentage of the total lot area which is covered by
impervious surfaces, principal buildings, and accessory buildings
and uses.
[Amended 3-28-2023 by Ord. No. O-23-3]
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
Any line dividing one lot from another lot or from a public
thoroughfare.
That portion of a lot extending along a street line.
The mean horizontal distance between the side lot lines measured
at right angles to its depth at the building line.
A subdivision layout plan indicating the number of conforming lots possible using the conventional zoning requirements of the zone district in which the property is located. The lot yield plan shall be prepared to include a lot or lots for stormwater detention or provide a realistic alternative for meeting the site's stormwater management needs. The lot yield plan shall be utilized to determine the number of lots that may be created in accordance with § 190-161, Variable lot option and cluster regulations, and the number of density bonus lots that may be permitted in accordance with § 190-141.
Any security, other than cash, which may be accepted by the
Township Attorney for the maintenance of any improvements required
by this chapter.
An establishment, business or use which provides the service
of massage and body manipulation including exercises, heat, and light
treatments of the body and all forms and methods of physiotherapy
unless operated by a medical practitioner or professional physical
therapist licensed by the State of New Jersey.
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to § 190-23 et seq. of this chapter.
A site plan for construction of an addition
or modification to an existing building, which addition or alteration:
[Amended 2-22-2011 by Ord. No. O-11-4]
Shall not exceed 1,500 square feet in floor
area.
Shall not result in the addition of more than
five parking spaces.
Shall not involve any change of use or require
a use variance, encroach into any required front, side or rear yard
or exceed minimum or maximum design standards contained in this chapter.
No development, including parking spaces, shall
encroach into any buffer, landscape area, drainage area, wetlands
area or open space required by this chapter or designated for such
purpose(s) on a previously approved site plan or subdivision plan
or other approved by the Planning Board.
[Amended 12-22-2015 by Ord. No. O-15-26]
There shall be no alterations of the existing
drainage involving construction of, addition or modification to, site
grading or addition of parking spaces and/or aisles which, in the
written opinion of the Township Engineer, would substantially change
the direction or quantity of storm drainage or surface water flow;
The proposed addition or alteration shall not
violate any requirements of this chapter or other ordinances of the
Township nor any condition of a previously approved site plan.
The total disturbed area of the site shall not
exceed 5,000 square feet or require Freehold Soil Conservation Service
approval.
Any subdivision not classified as a minor subdivision. Any
proposed subdivision which would otherwise qualify as a minor subdivision
shall be classified as a major subdivision if the subdivision under
consideration represents a further subdivision of an original tract
of land for which a previous minor subdivision has been approved by
the Planning Board and the combination of the proposed and approved
minor subdivision shall constitute a major subdivision. The original
tract of land shall be considered any tract in existence on July 10,
1967.
Any subdivision containing not more than two lots plus the
remainder fronting on an existing street approved to Township standards,
not involving any planned development, a new street or road, the extension
of a street or road and/or municipal facilities or an extension of
any off-tract improvement the cost of which shall be pro rated pursuant
to this chapter and not adversely affecting the development of the
remainder of the parcel of adjoining property.
The application of plant residue or other suitable materials
to the land surface to conserve moisture, hold soil in place, and
aid in established plant cover.
Commercial uses located within a planned development which
do not exceed 5% of the developed site thereof and which are designed
to be compatible with and primarily provide service for the accompanying
residential uses of the planned development.
A lot the area, dimension, or location of which was lawful
prior to adoption of this chapter, but which fails to conform to the
requirements of the zoning district in which it is located.
A structure the size, dimension, or location which fails
to conform to the requirements of the zoning district in which it
is located.
A recovery home that does not operate using the Oxford House
model and does not operate as a single housekeeping unit. Examples
of activities that indicate the house is a non-Oxford House model
may include, but are not limited to, residents enter into individual
leases with the owner or operator of the home for the occupancy of
their room and the common area; there is a limited number of staff
on-site who will enforce rules, oversee the taking of medication,
and perform random drug screening; residents are required to attend
AA/NA meetings; residents are required to attend mandatory house meetings;
residents are prohibited from sleeping outside the house; staff enforces
a curfew; or guests are prohibited. They are rooming homes or boardinghouses.
[Added 4-25-2023 by Ord. No. O-23-4]
The NAICS is an industry classification utilized by the United
States, Canada and Mexico that groups establishments into industries
based on the activities in which they are primarily engaged, covering
producing and nonproducing economic activities. The NAICS manual is
published by the U.S. Government Printing Office, Superintendent of
Documents, Mail Stop SSOP, Washington, DC 20402-9328 (ISB 0-16-049698-5)
or through the National Technical Information Service, Springfield,
Virginia 22161 (NTIS Order Number: PB98-127293INO) (ISBN-0-934213-56-9).
Web site information about the NAICS including printed and CD ROM
versions of the NAICS Manual can be found at:
Whenever notice is required by this chapter and a specific
method for giving same is not set forth, then and in that event, notice
shall be required to be given by certified mail and/or in person.
If notice is given personally, the person giving same shall retain
a receipt acknowledging the fact that notice was given.
As defined by N.J.S.A 2C:34-2, includes any description,
narrative account, display, or depiction of sexual activity or anatomical
area contained in, or consisting of, a picture or other representation,
publication, sound recording, live performance, or film, which by
means of posing, composition, format or animated sensual details:
[Added 11-12-2013 by Ord. No. O-13-34]
Depicts or describes, in a patently offensive way, ultimate
sexual acts, normal or perverted, actual or simulated, masturbation,
excretory functions, or lewd exhibition of the genitals;
Lacks serious literary, artistic, political, or scientific value,
when taken as a whole; and
Is a part of a work which, to the average person applying contemporary
community standards, has a dominant theme, taken as a whole, which
appeals to the prurient interest.
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
A map adopted pursuant to § 190-27 et seq.
The newspaper and/or newspapers officially designated by
the Township Committee for publication of legal notices.
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, designed, 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 designated
to be incidental to the natural openness of the land.
Oxford House has been authorized by Congress to provide community
living arrangements for persons with drug and alcohol addiction. It
is a recovery home in which the residents are self-governing, all
residents contribute to the maintenance and expenses of the house,
the residents determine who can reside in the house, there is no limit
to how long an individual can reside in the house, there is no addiction
treatment, therapy, or paid staff provided; the house operates as
a single housekeeping unit, and the house is not required to be licensed
by the New Jersey Department of Community Affairs.
[Added 4-25-2023 by Ord. No. O-23-4]
An ancillary, freestanding commercial development area located
within a shopping center or planned commercial development but separate
and apart from the principal structure(s).
[Added 5-25-2021 by Ord. No. O-21-10]
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 pursuant to this chapter.
Any security, which may be accepted by the Township Committee,
including cash, in lieu of the installation of specified required
improvements before approval of a final map, provided that the Township
shall not require more than 10% of the total performance guarantee
in cash.
Services provided by establishments and/or individuals primarily
engaged in providing services generally involving the care of the
person or his apparel, such as barbershops, beauty shops, nail salons,
photographic studios, shoe repair, shoe shine parlors, beauty spas,
tailor shops, seamstress, and dry cleaning and laundry including pickup
facilities, but excluding industrial laundries and dry-cleaning plants,
and services similar to or related to these types of services.
One or more contiguous parcels of land having a total land
area of 75 or more acres under common ownership or control which is
planned for development with residential dwelling units and other
structures and facilities and which has been approved by the Township
prior to the adoption of this chapter.
Planned unit development, planned unit residential development,
residential cluster (variable lot), planned commercial development,
planned industrial development, or planned adult community.
An area with a specified minimum contiguous or noncontiguous
acreage of 10 acres or more to be developed as a single entity according
to a plan, containing one or more residential clusters or planned
unit residential developments and one or more public, quasi-public,
commercial or industrial areas in such ranges of ratios of nonresidential
uses to residential uses as shall be specified in the zoning ordinance.
[Added 12-23-2014 by Ord. No. O-14-19]
The Township Planning Board established pursuant to this
chapter.
A map or maps of a subdivision or site plan.
Includes any container, storage unit, shedlike container
or other portable structure that can be or is used for the storage
of personal property or materials of any kind on a temporary basis
and is located on a residential property outside an enclosed building
other than an accessory building or shed complying with all Township
construction code and land use requirements.
[Added 9-24-2013 by Ord. No. O-13-31]
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the Planning 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.
The primary or main purpose for which a lot or building is
being utilized.
Includes offices by professional, executive, engineer or
for other administrative purposes, including but not limited to doctors,
lawyers, accountants, engineers, architects and other similar professions
which require a comparable degree of training, education and experience.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate Township agency 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.
An open space area conveyed or otherwise dedicated to the
Township, Township agency, board of education, State or county agency,
or other public body for recreational or conservational uses.
The majority of the full authorized membership of any Township
agency.
An area or parcel of land to which development credits generated
within a sending area may be transferred and in which increased development
is permitted in connection with the possession of such rights.
A residential environment that provides people in recovery
a safe alcohol- and drug-free place to live as they transition back
into the community.
[Added 4-25-2023 by Ord. No. O-23-4]
A space allocated for collection and storage of source-separated
recyclable materials.
An integrated commercial development consisting of over 400,000
square feet of gross leasable area, which is planned, constructed,
and operated as single entity consisting of such uses as retail stores
and shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, and indoor commercial recreation
housed in an enclosed building or buildings on one or more lots and
utilizing such common facilities as customer parking, pedestrian walkways,
truck loading and unloading space, utilities, and sanitary facilities.
[Added 5-25-2021 by Ord. No. O-21-10]
The number of dwelling units per gross acre of residential
land area before requirements for streets, easements, and open space
portions of a development.
An establishment at which food is sold for consumption on
the premises to patrons seated within an enclosed building.
An eating establishment at which food and beverages are typically
ordered and paid for at a counter within an enclosed building for
consumption on or off the premises.
[Added 5-25-2021 by Ord. No. O-21-10]
An eating establishment at which food and beverages are typically
ordered, paid for, and served to patrons at a counter within an enclosed
building and/or within automobiles outside of an enclosed building
via a drive-through facility, for consumption on or off the premises.
[Amended 5-25-2021 by Ord. No. O-21-10]
An eating establishment at which food and beverages are ordered
by and delivered to patrons at a seating area for consumption on the
premises, with or without service of alcoholic beverages, and which
may provide ancillary take- out service.
[Added 5-25-2021 by Ord. No. O-21-10]
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 so
as to combine existing lots by deed or other instrument.
Relating to the sale of goods in small quantities to ultimate
consumers for personal or household consumption and not bulk sale
of goods to customers engaged in the business of reselling goods.
A retail use is open to the general public, and its patronage is not
restricted by a membership requirement.
A retail use that stocks an inventory of goods in large quantities
for the purpose of selling retail from a building in which the goods
are held and which utilizes warehouse stack storage technique on the
sales floor area. A retail stack storage use is open to the general
public, and its patronage is not restricted by a membership requirement.
[Amended 5-25-2021 by Ord. No. O-21-10]
The meaning set forth in N.J.S.A. 55:13B-3.
[Added 4-25-2023 by Ord. No. O-23-4]
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 building consisting of individual, small, self-contained
units that are leased or owned for the storage of business or household
goods and supplies.
An area or a parcel of land from which development credits
are transferred to a receiving area and in which subsequent development
is not permitted by deed restriction except or by dedication for agricultural
use, aesthetic and historic use, public open space or other public
use.
An integrated commercial development planned, constructed,
and operated as single unit consisting of such uses as retail stores
and shops, personal service establishments, professional and business
offices, banks, post offices, restaurants, theatres and auditoriums,
housed in an enclosed building or buildings and utilizing such common
facilities as customer parking, pedestrian walkways, truck loading
and unloading space, utilities, and sanitary facilities.
The area of a site within which proposed development is permitted
pursuant to the approved general development plan (GDP) approved by
the Freehold Township Planning Board on June 9, 2003, in conjunction
with P.B. Application 697-02 for Blocks 69.01, Lots 18.01, 18.02,
18.04, 18.05, 18.06, 18.07, 18.08 and 18.11 all of which are within
the Regional Mall RMZ-1, RMZ-2 and RMZ-2A Zones. Within a site development
area, steep slopes and heritage trees may be affected as provided
for in the general development plan as approved for P.B. Application
697-02.
[Added 3-9-2004 by Ord. No. O-04-9]
A development plan of one or more lots depicting the proposed
layout of a property and its relationship to the surrounding area
upon 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, screening devices; and
Any other information that may be required in
order to make an informed determination pursuant to this chapter.
A measurement of the rise or descent of the surface of land
determined on a percentage basis where the vertical distance is divided
by the horizontal distance. (Example: A rise of five feet over a horizontal
distance of 100 feet would be five divided by 100 which equals 0.05
or 5%).
A housing development, or such portion of a housing development,
that is permanent supportive housing or a community residence that
is primarily for occupancy by individuals with special needs as a
result of one or more cognitive, physical or developmental disabilities
who shall occupy such housing as their usual and permanent residence,
together with any structures or facilities, appurtenant or ancillary
thereto, as defined in “Special Needs Housing Trust Fund Guidelines”
approved by the New Jersey Housing and Mortgage Finance Agency Board
on August 17, 2006, (See: http://www .nj.gov/dca/hmfalbiz/devel/specneed/guidelines.pdf.),
including but not limited to the following:
[Added 12-8-2009 by Ord. No. O-09-32]
"Permanent supportive housing" providing for a range of permanent
housing options such as apartments, condominiums, townhouses, single-
and multifamily homes, single-room occupancy housing, shared-living
and supportive-living arrangements that provide access to on-site
or off-site supportive services for individuals and families who can
benefit from housing with services because of one or more cognitive,
physical or developmental disabilities. Permanent supportive housing
has as its primary purpose assisting the individual or family to live
independently in the community and to meet the obligations of tenancy.
Tenants may have individual or shared apartments, and there is no
limitation for length of tenancy. Participation in services is not
a condition of tenancy.
"Community Residences" including group homes, supervised apartments,
and other types of shared living environments that provide housing
and treatment or specialized services needed to assist individuals
with special needs to live in community settings. For purposes of
this chapter, community residences do not include assisted-living
facilities, nursing homes, transitional housing facilities, or shelters.
A special-needs housing development may contain "units" and/or
"beds." A "unit" refers to a single living unit that contains at a
minimum a bedroom with a bathroom. A unit may contain one or more
beds. A "bed" is for a single individual receiving housing and services.
Each unrelated adult must have his or her own bedroom.
For the purpose of this chapter, specified anatomical areas
are defined as:
For the purpose of this chapter, specified sexual activities
are defined as:
Standards 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 required by
the Township; or
Standards required by applicable federal or
state laws or Township ordinances.
Signs which include no animation or effects simulating animation.
[Added 11-12-2013 by Ord. No. O-13-34]
An individual business establishment where goods or merchandise
are kept and displayed for sale. Goods or merchandise may include
retail or wholesale goods or merchandise.
[Added 11-29-2005 by Ord. No. O-05-39]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it; except that a cellar shall not be considered as a story.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are no more than
two feet above the floor surface of such story. The habitable area
shall be from a point perpendicular from the floor joist to the intersection
of the roof rafter a distance of four feet.
Any natural course of running water whether improved, unimproved,
enclosed, or realigned which, presently or prior to any improvement,
enclosure, or realignment, had cut, by the erosion of running water,
a channel with well defined banks and a bottom and through which water
flows ordinarily and frequently but not necessarily continuously.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way which is an existing state, county, or municipal roadway,
or is shown upon a plat heretofore approved pursuant to law or approved
by official action of the Township Committee or the Planning Board,
or a street or way 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, sidewalks, parking
areas, and other areas within the street lines.
The line determining the limit between the highway of the
public and adjoining private property.
Any combination of materials forming a construction, assembly
or erection, the use of which require location upon the ground or
attachment to something having a location upon the ground, including,
among other things, buildings, fences, walls, signs, radio towers,
swimming pools, light stanchions, platforms, and mobile homes.
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, provided each lot to be combined does not contain
a principal structure; and
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the Zoning Officer to conform
to the requirements of the Township development regulations and/or
shown and designated as separate lots on the Tax Map of the Township.
The term "subdivision" shall also include the term "resubdivision."
A committee of three members of the Planning Board appointed
annually by the Chairman of the Planning Board subject to approval
by a majority of the members of the Planning Board for the purpose
of classifying subdivisions in accordance with the provisions of this
chapter, and such other duties relating to land subdivision which
may be conferred on the Committee by the Planning Board. The Chairman
of the committee shall be appointed by the Chairman of the Planning
Board for a term of one year.
A structure erected upon a property or an accessory to a
residential building on the same lot therewith, and providing recreational
facilities for swimming or wading from the use of the persons residing
on the premises and their nonpaying guests.
A public or privately owned structure providing recreational
facilities for swimming or wading for the use of the membership of
any private or quasi-public group, club or organization.
An establishment, business or use which provides the services
of applying a tattoo more specifically described as an indelible mark
or figure etched on the surface of the body by the insertion of pigment
into the skin.
See definition of "wireless telecommunications tower" below.
When referring to a wireless telecommunications tower or
other structure, tower height is the distance measured from the finished
grade to the highest point on the tower or other structure, including
the base pad and any antenna. (See also the definition of "building
height.")
One dwelling unit in a line of four or more attached dwelling
units with each dwelling unit extending from the ground to the roof
and having individual outside access and no interior facilities, conveniences
or services shared with other dwelling units making up the overall
building.
The Township Planning Board or the Township Committee when
acting pursuant to this chapter as well as any agency which is created
by or responsible to one or more municipalities when such agency is
acting pursuant to this chapter.
[Amended 12-22-2015 by Ord. No. O-15-26]
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The gross lot area minus lands classified as critical areas.
Permission to depart from the literal requirements of the
zoning provisions of this chapter.
A building used for the storage of manufactured products,
supplies, equipment, and other goods and materials. A warehouse shall
not mean a self-service storage facility.
A business that sells goods or items in bulk or large quantity
at costs below market price to individuals and/or businesses paying
an annual membership fee.
[Added 5-25-2021 by Ord. No. O-21-10]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
An open, unoccupied space on the same lot with a principal
building, extending the width of the lot and situated between the
street line and the front building line. The depth of the front yard
shall be measured at right angles to the street line. (See also definition
of “lot, corner.”) In all circumstances, other than a
front porch, the front yard setback shall be the greater of the distance
established by the location of the existing principal building or
the distance set forth in Schedule C at the end of this chapter. Although
it may intrude beyond the front building line, a front porch may not
intrude into the front yard area measured and established pursuant
to Schedule C.
[Amended 10-24-2006 by Ord. No. O-06-36]
An open, unoccupied space on the same lot with a principal
building, extending the full width of the lot and situated between
the rear lot line and the rear building line. The depth of the rear
yard shall be measured at right angles to the rear lot line.
An open, unoccupied space on the same lot with a principal
building extending from the front yard to the rear yard and situated
between the side lot lines and the side building line. The side yard
shall be measured at right angles to the side lot line.
A document signed by the Zoning Officer or Assistant Zoning
Officer which acknowledges that a use, structure, or building complies
with the provisions of the zoning provisions of this chapter or of
any variance therefrom duly authorized by a Township agency.
[Amended 10-13-2009 by Ord. No. O-09-26]
[1]
Editor's Note: The former definition of "Board of Adjustment,"
which immediately followed this definition, was repealed 12-22-2015
by Ord. No. O-15-26.
[2]
Editor's Note: See N.J.A.C. 5:23-1.1 et seq.
[3]
Editor's Note: The former definition of "coverage," which
immediately followed this definition, was repealed 3-28-2023 by Ord. No. O-23-3.
[4]
Editor’s Note: The former definition
of “golf training center,” which immediately followed
this definition, was repealed 11-29-2005 by Ord. No. O-05-39.
A.
Every Township agency shall adopt and may amend reasonable rules and regulations not inconsistent with N.J.S.A. 40:55D-1 et seq. or with this chapter, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and the charge for such copy shall be in accordance with N.J.S.A. 47:1A-5. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the administrative officer. All fees required pursuant to this chapter are summarized in Schedules A and B in § 190-10.
B.
In determining the completeness of applications, the
Township agency shall utilize the following completeness checklists
which shall be available from the administrative officer and are hereby
adopted:[1]
(1)
Informal Review Checklist (Exhibit A).
(2)
Site Plan Waiver Completeness Checklist (Exhibit B).
(3)
Site Plan Completeness Checklist (Exhibit C).
(4)
Minor Subdivision Completeness Checklist (Exhibit
D).
(5)
Preliminary Major Subdivision Completeness Checklist
(Exhibit E).
(6)
Final Major Subdivision Completeness Checklist (Exhibit
F).
(7)
Variance Application Completeness Checklist (Exhibit
G).
(8)
Minor Site Plan completeness Checklist (Exhibit H).
(9)
General Development Plan Checklist (Exhibit I).
(10)
Wireless Communication Facilities Modification (Exhibit J).
[Added 6-28-2016 by Ord.
No. O-16-6]
[1]
Editor's Note: The Completeness Checklists
(referred to as Exhibits A through I) are on file in the office of
the administrative officer.
A.
Scheduling of meetings. Every Township agency shall
by its rules fix the time and place for holding its regular meetings
for business authorized to be conducted by such agency. Regular meetings
of a Township agency shall be scheduled not less than once a month
and shall be held as scheduled unless canceled for the lack of development
applications. The Township agency may provide for special meetings
at the call of the Chairperson, or on the request of any two of its
members, which shall be held on notice to its members and the public
in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by a majority vote of the members of the
municipal agency present at the meeting except as otherwise specifically
set forth in this chapter. Nothing herein shall be construed to contravene
any statute providing for procedures for governing bodies.
B.
Meetings open to public. All regular meetings and
all special meetings shall be open to the public. Notice of all such
meetings shall be given in accordance with municipal regulations and
N.J.S.A. 10:4-6 et seq.
C.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Township agency and of the persons appearing by
their attorney, the action taken by the Township agency, the findings,
if any, made by it and reason therefor. The minutes shall thereafter
be made available for public inspection during normal business hours
at the office of the Township Clerk. Any interested party shall have
the right to compel production of the minutes for use as evidence
in any legal proceedings concerning the subject matter of such minutes.
Such interested party shall be charged a reasonable fee for reproduction
of the minutes in accordance with N.J.S.A. 47:1A-5.
A.
Hearing on applications. The Township agency shall
hold a hearing on each application for development, or adoption, revision,
or amendment of the Master Plan.
B.
Rules governing hearings. The Township agency shall
make the rules governing such hearings. Any maps and documents for
which approval is sought at a hearing shall be on file and available
for public inspection at least 10 days before the date of the hearing
during normal business hours in the office of the administrative officer.
The applicant may produce other documents, records, or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
C.
Presiding officer. The officer presiding at the hearing
or such person as he may designate shall have power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
the production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall
apply.
D.
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
E.
Technical rules of evidence. Technical rules of evidence
shall not be applicable to the hearing, but the agency may exclude
irrelevant, immaterial or unduly repetitious evidence.
F.
Transcript. The Township agency shall furnish a verbatim
transcript, or duplicate recording in lieu thereof, on request to
any interested party at his expense.
G.
Decisions.
(1)
Each decision on any application for development shall
be in writing and shall include findings of fact and conclusions based
thereon. If and in the event a final decision has been made by a Township
agency on an application for land use, minor changes affecting same
may be processed by the Township agency by way of an amendment to
the original application rather than the filing of a new application;
said determination to be within the discretion of the Township agency.
(2)
Failure of a motion to approve an application for
development, to receive the number of votes required for approval
shall be deemed an action denying the application. Any such action
resulting from failure to adopt a motion to approve shall be memorialized
by a resolution of the municipal agency. All municipal agencies are
empowered to adopt resolutions of memorialization pursuant to N.J.S.A.
40:55D-10(g). Such resolution shall, however, be adopted by a vote
of the majority of the members of the municipal agency who voted for
the action previously taken, and no other member shall vote thereon.
The vote on a resolution of memorialization shall be deemed to be
a memorialization of the action of the agency and not to be an action
of the agency. Whenever such a resolution is adopted, the date of
such adoption shall constitute the date of the decision for purposes
of mailing, filing and publication, etc.
H.
Copy of decision. A copy of the decision shall be
mailed by the administrative officer within 10 days of the date of
decision to the applicant, or if represented then to his attorney,
without separate charge, and to all who request a copy of the decision
for a charge in accordance with N.J.S.A. 47:1A-2. A copy of the decision
shall also be filed by the Township agency in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for a reasonable fee in
accordance with N.J.S.A. 47:1A-5, and available for public inspection
at this office during reasonable hours.
I.
Publication of notice of decision. A brief notice
of the decision shall be published in an official newspaper of the
municipality within 10 days of the receipt by the applicant of the
decision. Such publication shall be arranged by the administrative
officer and shall be paid for by the applicant. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision.
A.
Contents of notice of hearing on application for development or adoption of Master Plan. Notices pursuant to §§ 190-7B and C shall state the date, time and place of the hearing, the nature of the matters to be considered, and in the case of notices pursuant to Subsection B of this section, and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 190-6B.
B.
Notice of applications. Notice pursuant to Subsection B(1), (2), (4), (5) and (7) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
(1)
Public notice shall be given of the hearing on an application for development except for minor subdivisions, minor site plans and final approval of any application; on an appeal pursuant to § 190-242A; on an application for an interpretation pursuant to § 190-242B; or on an application pursuant to N.J.S.A. 40:55D-68. Public notice shall be given in any event if relief pursuant to §§ 190-19, 190-41C(2), 190-49F and 190-50G of this chapter is sought as part of an application for development even though otherwise exempt from public notice requirements. Public notice shall be given by publication in an official newspaper of the Township.
(2)
Notice to real property owner, partnerships and corporate
owners.
(a)
Notice of a hearing requiring public notice pursuant to Subsection B(1) of this section shall be given to the owners of all real property as shown on the current Township tax duplicate, located in New Jersey and within 200 feet in all directions of the particular parcel of property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the (1) condominium association in the case of any unit owner whose unit has a unit above or below it or; (2) horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property; or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
(b)
Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, a vice president, secretary, or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a condominium association, horizontal
property regime, community trust or homeowners' association because
of its ownership of common elements or areas located within 200 feet
of the property which is the subject of the hearing may be made in
the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common elements
or areas.
(3)
Upon the written request of an applicant with a pending application before a Township agency or a municipal agency of an adjoining municipality, the administrative officer shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners residing in Freehold Township to whom the applicant is required to give notice pursuant to Subsection B(2)(a) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
(4)
Notice of hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality. If the property is located within 200 feet of
parcels of realty located outside of Freehold Township, the applicant
shall be responsible for service upon the individual owners thereof
as well as the Clerk.
(5)
Notice shall be given by personal service or certified
mail to the Monmouth County Planning Board of a hearing on an application
for development of property adjacent to an existing county road or
proposed road shown on the Official County Map or on the County Master
Plan, adjoining other county land or situated within 200 feet of a
Township boundary.
(6)
Notice shall be given by personal service or certified
mail to the Commissioner of Transportation of a hearing on an application
for development of property adjacent to a state highway.
(7)
Notice shall be given by personal service or certified
mail to the Director of the Division of State and Regional Planning
of the Department of Community Affairs of a hearing on an application
for development of property which exceeds 150 acres or 500 dwelling
units. Such notice shall include a copy of any maps or documents required
to be on file with the administrative officer.
(8)
The applicant shall file an affidavit of proof of
service with the Township agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
C.
Notice concerning Master Plan. The Planning Board
shall give:
(1)
Public notice of a hearing on adoption, revision,
or amendment of the Master Plan shall be given by publication in the
official newspaper of the Township, at least 10 days prior to the
date of the hearing.
(2)
Notice by personal service or certified mail to the
Clerk of an adjoining municipality of all hearings on adoption, revision,
or amendment of the Master Plan involving property situated within
200 feet of such adjoining municipality at least 10 days prior to
the date of any such hearing.
(3)
Notice by personal service or certified mail to the
Monmouth County Planning Board of: 1) all hearings on the adoption,
revision, or amendment of the Township Master Plan at least 10 days
prior to the date of the hearing; such notice shall include a copy
of any such proposed Master Plan, or any revision or amendment thereto;
and 2) the adoption, revision, or amendment of the Master Plan not
more than 30 days after the date of such adoption, revision, or amendment;
such notice shall include a copy of the Master Plan or revision or
amendment thereto.
D.
Effect of mailing notice. Any notice to be made by
certified mail by the administrative officer pursuant to this chapter
shall be deemed complete upon mailing.
E.
Notice of hearing on ordinance or capital improvement
program; notice of action on capital improvement or Official Map.
(1)
Notice by personal service or certified mail shall
be made to the Clerk of an adjoining municipality of all hearings
on the adoption, revision, or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality
at least 10 days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall
be made to the Monmouth County Planning Board of: 1) all hearings
on the adoption, revision, or amendment of any development regulation
at least 10 days prior to the date of the hearing; and 2) the adoption,
revision, or amendment of the Township capital improvement program
or Official Map not more than 30 days after the date of such adoption,
revision or amendment. Any notice provided hereunder shall include
a copy of the proposed development regulation, the Official Map or
the capital program, or any proposed revision or amendment thereto,
as the case may be.
(3)
Notice of hearings to be held pursuant to this section
shall state the date, time and place of the hearing and the nature
of the matters to be considered. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
F.
Filing of ordinances.
(1)
The zoning, subdivision, site plan review ordinances
or any revision or amendment thereto shall not take effect until a
copy thereof shall be filed with the Monmouth County Planning Board.
(2)
The Official Map of the Township shall not take effect
until filed with Monmouth County.
(3)
Copies of all development regulations and any revisions
or amendments thereto shall be filed and maintained in the office
of the Township Clerk and administrative officer.
[1]
Editor's Note: Former § 190-8, Appeal to Township
Committee; notice; modification; stay of proceedings, was repealed
7-27-2010 by Ord. No. O-10-14.
A.
The Township Committee shall enforce this chapter
and any regulation made and adopted hereunder. To that end, the Township
Committee hereby requires the issuance of certain applicable permits,
certificates, or authorizations as specified herein or in other Township
ordinances as a condition precedent to:
B.
The Township Code Administrator (Construction Official
and Zoning Officer) and Code Administration Department are hereby
expressly designated for purposes of issuing such permits, certificates
and authorizations, and the issuance of such permits, certificates
or authorizations is further conditioned upon the submission of such
data, materials, plans, plats, and information as is authorized hereunder
and upon the express approval of the appropriate state, county, or
Township agencies. In case any building or structure is erected, constructed,
altered, repaired, converted, or maintained, or any building, structure,
or land is used in violation of this chapter or other regulation made
under authority conferred hereby, the Township and/or through its
officers and employees or an interested party, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, or restrain, correct, or abate
such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business, or use
in or about such premises.
[Amended 12-22-2015 by Ord. No. O-15-26]
Any power expressly authorized by this chapter
to be exercised by the Planning Board shall not be exercised by any
other body, except as otherwise provided in this chapter.
In the event that, during the period of approval
heretofore or hereafter granted to an application for development,
the developer is barred or prevented, directly or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision,
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision, or court
of competent jurisdiction to protect the public health or welfare
and the developer is otherwise ready, willing, and able to proceed
with said development, the running of the period of approval under
this chapter or under any ordinance repealed by this chapter, as the
case may be, shall be suspended for the period of time said legal
action is pending or such directive or order is in effect.
A.
Compliance with regulations; process applications.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision,
or other party to protect the public health and welfare, the Township
agency shall process such application for development in accordance
with this chapter and development regulations, and if such application
for development complies with Township development regulations, the
Township agency shall approve such application conditioned on removal
of such legal barrier to development.
B.
Approval of governmental agency. In the event that
development proposed by an application for development requires an
approval by a governmental agency other than the Township agency,
the Township agency shall, in appropriate instances, condition its
approval upon the subsequent approval of such governmental agency;
provided that the Township shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant
unless the Township agency is prevented or relieved from so acting
by the operation of law.
