Terms defined.
ACCESSORY SOLAR ENERGY SYSTEM
A solar energy system whose primary purpose will be to provide
power for the principal use of the property whereon said system is
to be located, and shall not be for the generation of energy for commercial
uses.
[Added 8-9-2022 by Ord. No. O-18-22]
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is customarily
incidental to that of the main use or building on the same lot or
tract.
ADMINISTRATIVE OFFICER
The Franklin Township Community Development Director or other
official of the township so designated by the Township Committee.
[Amended 12-28-1999 by Ord. No. O-12-99]
AGRICULTURAL COMMERCIAL ESTABLISHMENT
A retail sales establishment primarily intended to sell agricultural
products produced in the Pinelands. An agricultural commercial establishment
may be seasonal or year-round and may or may not be associated directly
with a farm; however, it does not include supermarkets, convenience
stores, restaurants and other establishments which coincidentally
sell agricultural products nor does it include agricultural processing
facilities such as a farm itself nor facilities which are solely processing
facilities.
[Added 5-9-1989 by Ord. No. O-4-89]
AGRICULTURAL EMPLOYEE HOUSING
Residential dwellings for the seasonal use of employees of
an agricultural or horticultural use which, because of their character
or location, are not to be used for permanent housekeeping units and
which are otherwise accessory to a principal use of the lot for agriculture.
[Amended 5-9-1989 by Ord. No. O-4-89]
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE IN NON-PINELANDS
AREA
Any production of plants or animals useful to man, including
but not limited to: forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all such animals;
bees and apiary products; fur animals; aquatic organisms as part of
aquaculture; trees and forest products; fruits of all kinds, including
grapes, nuts and berries; vegetables; nursery, floral, ornamental
and greenhouse products; or any land devoted to and meeting the requirements
and qualifications for payments or other compensation pursuant to
a soil conservation program under an agency of the federal government.
Agricultural or horticultural purpose or use can include production,
harvesting, storage, grading, packaging, processing and the wholesale
and retail marketing of crops, plants, animals and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease and pest control, disposal
of farm waste, irrigation, drainage and water management and grazing.
Agricultural or horticultural use does not include earth extraction,
land mining or land filling operations which are not incidental to
existing agricultural operations. Examples of such incidental agricultural
operations include, but are not limited to, harvesting, drainage and
irrigation and grading incidental thereto.
[Added 5-9-1989 by Ord. No. O-4-89; amended 6-10-2003 by O-10-2003; 11-10-2020 by Ord. No.
O-12-20; 5-11-2021 by Ord. No. O-7-21]
AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE IN PINELANDS AREA
Any production of plants or animals useful to man, including,
but not limited to, forages or sod crops; grains and feed crops; dairy
animals and dairy products; poultry and poultry products; livestock,
including beef cattle, sheep, swine, horses, ponies, mules or goats,
and including the breeding and grazing of any or all such animals;
bees and apiary products; fur animals; aquatic organisms as part of
aquaculture; trees and forest products; fruits of all kinds, including
grapes, nuts and berries; vegetables; nursery, floral, ornamental
and greenhouse products; or any land devoted to and meeting the requirements
and qualifications for payments or other compensation pursuant to
a soil conservation program under an agency of the federal government.
Agricultural or horticultural use does not include earth extraction,
land mining or land filling operations which are not incidental to
existing agricultural operations. Examples of such incidental agricultural
operations include, but are not limited to, harvesting, drainage and
irrigation and grading incidental thereto.
[Added 5-11-2021 by Ord. No. O-7-21]
AGRICULTURAL PRODUCTS PROCESSING FACILITY
A facility designed, constructed and operated for the express
purpose of processing agricultural products grown in the Pinelands,
including washing, grading and packaging of those products.
[Added 5-9-1989 by Ord. No. O-4-89]
AGRICULTURAL SERVICE ESTABLISHMENT
An establishment, the primary purpose of which is the sale
of goods, commodities or services that support active farm operations.
[Added 5-9-1989 by Ord. No. O-4-89]
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site waste water treatment
system that has the capability of providing a high level of treatment
including a significant reduction in the level of total nitrogen in
the wastewater and that has been approved by the Pinelands Commission
for participation in the alternate design wastewater treatment systems
pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and
specifications for each authorized technology are available at the
principal office of the Pinelands Commission.
[Added 6-10-2003 by Ord. No. O-10-2003; amended 4-9-2019 by Ord. No. O-4-19]
AMENDMENT
A means for making changes to a certified local master plan
or land use ordinance.
[Added 5-9-1989 by Ord. No. O-4-89]
ANTENNA
The surface from which wireless radio signals are sent and
received by a local communications facility.
[Added 12-28-1999 by Ord. No. O-13-99]
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to §
253-48 or
253-50. In the Pinelands Area, an "application for development" means any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in §
253-61B.
[Amended 5-9-1989 by Ord. No. O-4-89; 10-24-1989 by Ord. No. O-17-89]
APPROVAL AGENCY
The Planning Board of Franklin Township or any other board,
body or authority within the township with authority to approve or
disapprove subdivisions, site plans, building permits, zoning permits
or other applications for development approval.
[Added 5-9-1989 by Ord. No. O-4-89; amended 10-24-1989 by Ord. No. O-17-89]
AQUACULTURE
The propagation, rearing and subsequent harvesting of aquatic
organisms in controlled or selected environments and their subsequent
processing, packaging and marketing, including, but not limited to,
activities to intervene in the rearing process to increase production
such as stocking, feeding, transplanting and providing for protection
from predators.
[Added 6-10-2003 by Ord. No. 0-10-2003]
AQUATIC ORGANISMS
Includes, but is not limited to. fin fish, mollusks, crustaceans
and aquatic plants which are the property of a person engaged in aquaculture.
[Added 6-10-2003 by Ord. No. 0-10-2003]
ATTACHED BUILDING
A building which has two party walls in common with an adjacent
building.
AUTOMOTIVE FUELING STATION
Any building land area or other premises or portion thereof
used or intended to be used for the retail dispensing or sales of
automobile fuels, which activity may be accompanied by accessory uses
such as sales of lubricants, tires, accessories or supplies, minor
repairing of automobiles or a single-bay auto wash; provided, however,
that automobile wrecking, major repairing of automobiles, parking
or storing of automobiles for hire and the operation of more than
one towing vehicle will not be deemed accessory uses of an automotive
fueling station. For the purpose of this chapter, an automotive fueling
station shall not include a truck stop.
[Added 12-28-1999 by Ord. No. O-12-99]
AUTOMOTIVE FUELING STATION WITH CONVENIENCE RETAIL
Any building, land area or other premises or portion thereof
used or intended to be used for the retail dispensing or sales of
automobile fuels, which activity may be accompanied by a convenience
retail establishment with a gross floor area less than 1,000 square
feet. For the purpose of this chapter, an automotive fueling station
with convenience retail shall not include a truck stop.
[Added 12-28-1999 by Ord. No. O-12-99]
AUTOMOTIVE REPAIR GARAGE
Any premises used for repair or servicing of motor vehicles,
not including automotive wrecking.
[Added 12-28-1999 by Ord. No. O-12-99]
AUTOMOTIVE SALES BUILDING
Any building, land area or other premises used for the display
and sale of new or used automobiles, panel trucks or vans, trailers
or recreation vehicles, but not including any repair work other than
warranty and other repair services conducted as an accessory use on
such premises.
[Added 12-28-1999 by Ord. No. O-12-99]
AUTOMOTIVE WASH
Any building or premises or portion thereof which is devoted
to the business of washing automobiles for a fee, whether by automated
cleaning devices or otherwise.
[Added 12-28-1999 by Ord. No. O-12-99]
AUTOMOTIVE WRECKING
The dismantling or disassembling of motor vehicles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecking vehicles or their parts.
[Added 12-28-1999 by Ord. No. O-12-99]
BED-AND-BREAKFAST
Overnight accommodations and a morning meal in a dwelling
unit provided to transients for compensation. The length of stay not
to exceed seven days, breakfast meal is limited to guests only, not
to exceed four guest rooms, and facility to be owner-occupied.
[Added 2-13-2007 by Ord. No. O-2-2007]
BIG BOX RETAIL
A single retail or wholesale user that occupies no less than
50,000 square feet of gross floor area, typically requires a high
parking to building area ratio and has a regional sales market. Such
uses can include membership warehouse clubs that emphasize bulk sales,
discount stores and department stores.
[Added 12-28-1999 by Ord. No. O-12-99]
BILLBOARD
A sign which directs attention to a business, industry, profession,
commodity, service or entertainment not necessarily sold or offered
upon the premises where the sign is located, provided that no billboard
shall exceed 1,000 square feet.
[Amended 12-28-1999 by Ord. No. O-12-99]
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling of the top story in the case of a flat roof, to the
deck line of a mansard roof and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
BUILDING LINE
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard.
BUILDING, PRINCIPAL
A building in which is constructed the main or principal
use of the lot on which such building is situated.
CABLE TELEVISION COMPANY
A cable television company as defined pursuant to Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3).
[Added 12-28-1999 by Ord. No. O-12-99]
CAMPER
A portable structure, which is self-propelled or mounted
on or towed by another vehicle, designed and used for temporary living
for travel, recreation, vacation or other short-term uses. "Camper"
does not include mobile homes or trailers.
[Added 5-9-1989 by Ord. No. O-4-89]
CAMPSITE
A place used or suitable for camping on which temporary shelter
such as a tent or camper may be placed and occupied on a temporary
and seasonal basis.
[Amended 5-9-1989 by Ord. No. O-4-89]
CERTIFICATE OF FILING
A certificate issued by the Pineland Commission pursuant
to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
[Amended 5-9-1989 by Ord. No. O-4-89]
CERTIFICATE OF OCCUPANCY
A statement issued by the Zoning Officer upon the completion
of construction, alteration or change in occupancy of a building.
Said certificate shall acknowledge compliance with all the requirements
of this chapter, such as adjustments thereto granted by the Board
of Adjustment, and/or all other applicable requirements.
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highway, 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.
CLUSTER SUBDIVISION
A form of development that permits a reduction in the lot
area and bulk requirements, provided that there is no increase in
the number of lots permitted under a conventional subdivision or increase
in the overall density of development, and the remaining land area
is devoted to open space uses such as active recreation, preservation
of environmentally sensitive areas or agriculture.
[Added 12-28-1999 by Ord. No. O-12-99]
COLLOCATION
The use of a single tower on the ground by more than one
provider and/or the installation of several local communications facilities
on an existing building or structure by more than one provider.
[Added 12-28-1999 by Ord. No. O-13-99]
COMMERCIAL SOLAR ENERGY SYSTEM
A solar energy system on land as the primary use of that
land which consists of one or more cell(s), panel(s), or array(s)
designed to collect and convert solar power into another form of energy,
such as electricity or heat, that will be connected to the utility
grid, used for the generation of power for the sale of energy to other
users not on site provided under a power purchase agreement (PPA)
on a parcel adjacent to the principal/primary end user, a facility
that sells power to the regional electrical grid, or a facility that
participates in the wholesale sale of electrical power.
[Added 8-9-2022 by Ord. No. O-18-22]
COMMERCIAL UNIT
A retail store, shop, personal service establishment, professional
or business office or other use permitted in a Highway or Neighborhood
Commercial District, provided that a group of commercial facilities
may be combined in a planned commercial development or community shopping
center in accordance with this chapter.
[Added 7-10-1990 by Ord. No. O-17-90]
COMMISSION
The Pinelands Commission created pursuant to Section 5 of
the Pinelands Commission Act.
[Added 5-9-1989 by Ord. No. O-4-89]
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMMUNITY SHOPPING CENTER
An integrated development of such uses as, by way of illustration,
retail stores and shops, personal-service establishments, professional
and business offices, banks, post offices, restaurants 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.
COMPREHENSIVE MANAGEMENT PLAN
The plan adopted by the Commission pursuant to Section 7
of the Pinelands Protection Act, as amended.
[Added 5-9-1989 by Ord. No. O-4-89]
CONDITIONAL USE
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance and upon the issuance of an authorization
therefor by the Planning Board.
CONTIGUOUS LANDS
Land which is connected or adjacent to other land so as to
permit the land to be used as a functional unit; provided that separation
by lot line, streams, dedicated public roads which are not paved,
rights-of-way, and easements shall not affect the contiguity of land
unless a substantial physical barrier is created which prevents the
land from being used as a functional unit.
[Added 5-9-1989 by Ord. No. O-4-89; amended 6-9-1993 by Ord. No. O-15-93]
CONTIGUOUS SUBDIVISION
A division of land in which all portions of the land to be
subdivided and developed for residential sale or use are physically
adjacent to each other.
Added 9-14-2004 by Ord. No. O-13-2004]
CONVENIENCE RETAIL
A retail establishment offering for sale prepackaged food
products, sandwiches and coldcuts, and other freshly prepared foods,
such as salads, for off-site consumption; household items; newspapers
and magazines; and other goods commonly associated with the same and
having a gross floor area of less than 5,000 square feet.
[Added 12-28-1999 by Ord. No. O-12-99]
CONVENIENCE RETAIL WITH FUEL STATION
A convenience retail establishment with a gross floor area
greater than 1,000 square feet that also has one or more locations
on site for the retail sale of automotive fuel. For the purpose of
this chapter, a convenience retail with fuel station shall not include
a truck stop.
[Added 12-28-1999 by Ord. No. O-12-99]
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development
of the County of Gloucester and State of New Jersey, with the accompanying
maps, plats, charts and descriptive and explanatory matter adopted
by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
[Added 5-9-1989 by Ord. No. O-4-89; amended 12-28-1999 by Ord. No. O-12-99]
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill and any use or change in the use
of any building or other structure or land or extension in use of
land, for which permission may be required pursuant to this chapter.
DEVELOPMENT APPROVAL
Any approval granted by an approval agency, including building
permits, zoning permits and appeals to the governing body, except
certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70,
which did not otherwise include issuance of a building permit, zoning
permit, subdivision or site plan approval.
[Added 5-9-1989 by Ord. No. O-4-89]
DEVELOPMENT, MAJOR
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
[Added 5-9-1989 by Ord. No. O-4-89]
DEVELOPMENT, MINOR
All development other than major development.
[Added 5-9-1989 by Ord. No. O-4-89]
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed pursuant
to the Municipal Land Use Law of 1975, c. 291, P.L. 1975.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for the water supply preservation or preventing
or alleviation of flooding.
DWELLING, MULTIPLE
A structure designed or used for residential occupancy by
more than two families, with or without common or separate kitchen
or dining facilities, including apartment houses, apartment hotels,
rooming houses, townhouses and similar housing types, but not including
hotels, hospitals or nursing homes.
DWELLING, SINGLE-FAMILY
A structure, except a mobile home, designed or used for residential
occupancy by one family.
ELECTRIC SUBSTATION
A building or facility, with its exterior structures and
equipment, used or designed to be used to facilitate the transformation
and distribution of electric power, energy and light to customers,
but not including repair facilities, storage of plant material or
space parts (other than those carried for the particular installation)
or storage of equipment, automobiles or trucks or housing or quarters
for installation, repair or trouble crews.
ELECTRIC TRANSMISSION LINES
Electric lines which are part of an electric company's transmission
and subtransmission system, which provide a direct connection between
a generating station or substation of the utility company and another
substation of the utility company, a substation of or interconnection
point with another interconnecting utility company and a substation
of a high-load customer of the utility.
[Amended 5-9-1989 by Ord. No. O-4-89]
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
[Added 5-9-1989 by Ord. No. O-4-89]
ENVIRONMENTALLY SENSITIVE LAND
Land which is impacted by an environmental condition which
renders said land incompatible with development or which is of significant
natural resource value, including but not limited to freshwater wetlands
and their buffers as defined in the Freshwater Wetlands Protection
Act and the regulations adopted by the New Jersey Department
of Environmental Protection, floodplains as defined by applicable
state and federal regulations and lands with slopes in excess of 15%.
[Added 9-14-2004 by Ord. No. O-13-2004; amended 10-23-2007 by Ord. No. O-20-2007]
EQUIPMENT SHED/SHELTER
An enclosed structure, cabinet, shed, or box at the base
of the local communications facility within which are housed batteries
and electrical equipment.
[Added 12-28-1999 by Ord. No. O-13-99]
ERECT
To build, construct, attach, place, suspend or affix and
shall also include the painting of signs or displays on the exterior
surface of a building, structure or natural surfaces.
EROSION
The detachment and movement of soil or rock fragments by
water, ice or gravity.
[Amended 5-9-1989 by Ord. No. O-4-89]
FAMILY
Any number of persons living and cooking together as a single
housekeeping unit, under a common housekeeping management plan based
on an intentionally structured relationship providing organization
and stability.
[Amended 12-28-1999 by Ord. No. O-12-99]
FARM
Any parcel or land which is used for gain in the raising
of agricultural products, livestock, poultry or dairy products. The
term "farm" includes plant nurseries and greenhouses. For the purposes
of buffer requirement determinations, an "active farm" is a farm continually
or seasonally operated receiving farmland assessment.
FARM BUILDING
Any building located on a farm and used for the housing of
agricultural equipment, products, livestock or poultry or for the
incidental or customary processing of farm products, provided that
such a building is used in conjunction with farming operations.
FENCES
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas.
[Amended 12-28-1999 by Ord. No. O-12-99]
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary
approval major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FINAL PLAT
The final map of all or a portion of the subdivision, which
map is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
FIRE HAZARD
The classification of a parcel of land in accord with the
following:
[Amended 5-9-1989 by Ord. No. O-4-89]
|
Hazard
|
Vegetation Type
|
---|
|
Low
|
Atlantic white cedar Hardwood swamps
|
|
Moderate
|
Non-pine-barrens forest Prescribed burned areas
|
|
High
|
Pine-barrens forest, including mature forms
of pine, pine-oak, or oak-pine
|
|
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine;
all classes of pine-scrub oak and pine-lowland
|
FISH AND WILDLIFE MANAGEMENT
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
[Added 5-9-1989 by Ord. No. O-4-89]
FORESTRY
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clear-cutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry and, although they may otherwise require an application
for development, they shall not require the issuance of a forestry
permit:
[Added 5-9-1989 by Ord. No. O-4-89; amended 11-25-1997 by Ord. No. O-15-97; 6-26-2012 by Ord. No. O-5-12]
(1)
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
(2)
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
(3)
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
(4)
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
(5)
Removal or planting of trees for the personal use of the parcel
owner; and
(6)
Removal of trees for public safety.
GARAGE, PRIVATE
Either a freestanding accessory structure not exceeding a
height of 15 feet or an area within a principal structure that is
designed or used to provide for parking or storage of a total of no
more than three motor vehicles and in which no occupation, service
or business is carried on. The total area of private garage space
on any lot shall not exceed 1,200 square feet.
[Amended 6-10-2003 by Ord. No. O-10-2003]
GARAGE, PUBLIC
Any garage, other than a private garage, available to the
public, operated for gain and which is used for the equipping, adjusting,
storage, rental, repair, inspecting, greasing, washing, polishing
or other cleaning and servicing of automobiles or other motor vehicles,
including the supply of gasoline or oil or other fuel for vehicular
propulsion. This term shall include gasoline filling and motor vehicle
service stations and all gasoline and oil pumps maintained in conjunction
therewith, but shall not be construed to include motor vehicle showrooms
for new or used motor vehicles.
GARDEN APARTMENT
One of several individual dwelling units contained in a building
housing two or more dwelling units designed and erected as an integrated
development with singleness of use and operation and which utilizes
such common facilities as pedestrian walks, parking and garage areas,
open space or recreation areas and utility and sanitary systems.
GASOLINE SELLING OR SERVICE STATION
Any establishment, other than a public garage, supplying
or selling motor fuel from a pump or pumps, lubricants and automotive
accessories, and providing maintenance and minor repairs for motor
vehicles, but not including body repairs or the storage of inoperable
or wrecked vehicles.
GENERAL DEVELOPMENT PLAN
A comprehensive plan for the development of a planned development,
as provided in N.J.S.A. 40:55D-45.2.
[Added 12-28-1999 by Ord. No. O-12-99]
GOLF COURSE
An area of 50 or more contiguous acres containing a full-size
golf links, at least nine holes, totaling a minimum of 2,700 yards
from tee to green, together with such necessary and usual accessory
uses as a clubhouse, caretakers' dwelling, dining and refreshment
facilities and other such uses, provided that the operation of such
facilities is incidental and subordinate to the operation of the golf
course.
HABITAT
The natural environment of an individual animal or plant,
population or community.
[Added 5-9-1989 by Ord. No. O-4-89]
HISTORIC RESOURCE
Any site, building, area, district, structure or object important
in American history or prehistory, architecture, archaeology and culture
at the national, state, county, local or regional level.
[Amended 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97]
HOME IMPROVEMENT CENTER
A facility of more than 30,000 square feet in gross floor
area, engaging in the retail sale of various basic hardware lines,
such as tools, builders' hardware, paint and glass, housewares and
household appliances, garden supplies and cutlery.
[Added 12-28-1999 by Ord. No. O-12-99]
HYDROPHYTES
Any plant growing in water or in substrate that is at least
periodically deficient in oxygen as a result of excessive water content.
[Added 5-9-1989 by Ord. No. O-4-89]
IMMEDIATE FAMILY
Those persons related by blood or legal relationship in the
following manner: spouses, domestic partners, great-grandparents,
grandparents, great-grandchildren, grandchildren, parents, sons, daughters,
brothers and sisters, aunts and uncles, nephews, nieces and first
cousins.
[Amended 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97; 4-9-2019 by Ord. No. O-4-19]
IMPERMEABLE SURFACE
Any surface which does not permit fluids to pass through
or penetrate its pores or spaces, typically having a maximum permeability
for water of 10
-7 cm/second at the maximum
anticipated hydrostatic pressure. The term "impermeable" is equivalent
in meaning.
[Added 5-9-1989 by Ord. No. O-4-89; amended 6-26-2012 by Ord. No. O-5-12]
IMPERVIOUS SURFACE
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater, directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in urban areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0. Such surfaces may have varying degrees of
permeability.
[Added 6-26-2012 by Ord. No. O-5-12]
IMPROVED STREET
A street which has been dedicated to and accepted by or maintained
by the township and which has been graded and surfaced by material
other than dirt. In the event that said street is less than 40 feet
wide, the subdivider shall convey to the township additional width
so that the right-of-way will measure 20 feet from the property line
to the center line of such street, shall open such street to a width
of not less than 25 feet and shall grade the same to the township
standards. This classification shall apply only to new streets within
the subdivision plan.
INSTITUTIONAL USE
Any land used for the following public or private purposes:
educational facilities, including universities, colleges, elementary
and secondary and vocational schools, kindergartens and nurseries;
cultural facilities, such as libraries, galleries, museums, concert
halls, theaters and the like; hospitals, including educational, clinical,
research and convalescent facilities as are integral to the operation
of the hospital; medical and health service facilities, including
nursing homes, supervised residential institutions, rehabilitation
therapy centers and public health facilities; law enforcement facilities;
military facilities; churches; cemeteries; public office buildings;
and other similar facilities.
[Amended 5-9-1989 by Ord. No. O-4-89]
INTERESTED PARTY
In an administrative proceeding before a municipal agency,
any person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or under any law of this state or
the United States, have been denied, violated or infringed by an action
or a failure to act under this chapter.
INTERIM RULES AND REGULATIONS
All regulations adopted by the Pinelands Commission pursuant
to the Pinelands Protection Act to govern the review of applications
from the adoption of the regulations until the Pinelands Comprehensive
Management Plan took effect on January 14, 1981. These regulations
were formerly codified as N.J.A.C. 7:1G-1 et seq.
[Added 5-9-1989 by Ord. No. O-4-89]
JUNKYARD
Any area defined by the Franklin Township Code as a junkyard.
LAND
Includes improvements and fixtures on, above or below the
surface.
LANDFILL
Sites, including open dumps, where solid waste, liquid and
dry sewage sludge and liquid and dry chemical waste are disposed of
by land application with or without the use of management practices
or soil covering. For the purpose of this plan, solid waste transfer
stations shall not be considered landfills.
[Added 5-9-1989 by Ord. No. O-4-89]
LANDSCAPING
The installation of plant material or seed as a part of development.
[Added 5-9-1989 by Ord. No. O-4-89]
LATTICE TOWER
A freestanding tower with multiple legs and cross bracing
of structural steel.
[Added 12-28-1999 by Ord. No. O-13-99]
LOCAL COMMUNICATIONS FACILITY
An antenna and any support structure, together with any accessory
facilities, which complies with the standards contained in the Pinelands
Comprehensive Management Plan (N.J.A.C. 7:50-5.4), and which is intended
to serve a limited, localized audience through point to point communication,
including, but not limited to, cellular telephone service, personal
communications systems, paging systems and dispatch communications.
It does not include radio or television broadcasting facilities or
microwave transmitters.
[Added 11-25-1997 by Ord. No. O-15-97; amended 12-28-1999 by Ord. No. O-13-99]
LOCAL UTILITY
Any sewage authority created pursuant to the Sewerage Authorities
Law (N.J.S.A. 40:14A-1 et seq.); any utilities authority created pursuant
to the Municipal and County Utilities Authority Law (N.J.S.A. 40:14B-1
et seq.); or any utility, authority, commission, special district
or other corporate entity not regulated by the Board of Regulatory
Commissioners under Title 48 of the Revised Statutes that provides
gas, electricity, heat, power, water or sewer service to the township
or the residents thereof.
[Added 12-28-1999 by Ord. No. O-12-99]
LOT
A designated parcel, tract or area of land established by
plat or otherwise as permitted by law and to be used, developed or
built upon as a unit.
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet,
acres or equivalent. Any portion of a lot included in a street right-of-way
shall not be included in the calculation of the lot area.
LOT COVERAGE
That part or percent of the lot occupied by buildings, including
accessory uses.
LOT DEPTH
A horizontal distance between the front and rear lot lines
measured at right angles to the street at two equidistant points on
the front line and in the general direction of the said lot lines.
LOT FRONTAGE
A lot line or portion thereof which is coexistent with a
street line. In the case of undefined width, said lot line shall be
assumed to parallel the center line of the street at a distance of
25 feet therefrom. In the case of corner lots, the smaller of the
two lot lines coexistent with street lines shall be considered as
the frontage.
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to its depth and at a point which constitutes the
rear line of the required front yard space.
MAINTENANCE GUARANTY
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this chapter, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5 and cash.
[Amended 12-28-1999 by Ord. No. O-12-99]
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to the Municipal Land Use Law of 1975, c. 291, P.L. 1975.
MAYOR
The Chief Executive of the municipality.
MINOR SITE PLAN [Added 12-28-1999 by Ord. No. O-12-99]
A development plan of one or more lots which:
(1)
Proposes new development involving a site area
of less than two acres and an area of disturbance less than 5,000
square feet;
(2)
Does not involve a planned development, any
new street or extension of any off-tract improvement which is to be
prorated pursuant to N.J.S.A. 40:55D-42; and
(3)
Contains the information reasonably required
in order to make an informed determination as to where the requirements
established in this chapter for approval of a minor site plan have
been met.
MINOR SUBDIVISION [Amended 2-10-1981 by Ord. No. O-5-81; 7-10-1990 by Ord. No. O-13-90; 12-28-1999 by Ord. No. O-12-99]
A subdivision of land that does not involve:
(1)
The creation of more than four lots, including
the remainder of the original lot, that has not been the subject of
minor subdivision approval(s) creating four lots within five years
of the date of application.
[Amended 2-13-2007 by Ord. No. O-2-2007; 12-28-2016 by Ord. No. O-16-2016]
(3)
A lot or lots fronting on a street which would require the Zoning Officer to issue a denial of a permit pursuant to §
253-31D of this chapter.
(4)
The extension of any off-tract improvement,
the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
An adverse effect to future development of the remainder of the parcel
or adjoining property.
(5)
Any conflict with any provision or portion of
the Franklin Township Master Plan or this chapter.
MOBILE HOME
A structure designed or used for long-term residential occupancy
built upon or having a frame or chassis to which wheels may be attached
by which it may be moved upon a highway, whether or not such a structure
actually has, at any given time, such wheels attached or is jacked
up or skirted.
[Amended 5-9-1989 by Ord. No. O-4-89]
MONOPOLE
A type of freestanding tower with a single shaft of wood,
steel, or concrete and a platform (or racks) for antennas arrayed
at the top.
[Added 12-28-1999 by Ord. No. O-13-99]
MOTEL
A series of rental units with individual entrances from the
building to each unit, operated as a single business for the purpose
of providing lodging to transient guests. An office and a single dwelling
unit may be provided in conjunction with operation of a motel.
MUNICIPAL AGENCY
A municipal planning board or board of adjustment or governing
body when acting pursuant to this chapter.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the Zoning
Ordinance but fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
NONCONTIGUOUS SUBDIVISION
A division of land in which all tracts of the land to be
subdivided and developed for residential sale or use are not physically
adjacent to each other.
[Added 9-14-2004 by Ord. No. O-13-2004]
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of the county pursuant to N.J.S.A. 40:27-5.
OFFICIAL SIGN
Any sign, symbol or device erected and maintained by the
federal, state, county or local government agency for the purpose
of information or guiding the public or for the protection of health,
safety, convenience and general welfare.
OFF-SITE
Located outside of the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF-TRACT
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.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, street
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
PARCEL
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness that its location
and boundaries may be established.
[Added 5-9-1989 by Ord. No. O-4-89; amended 11-25-1997 by Ord. No. O-15-97]
PARKING SPACE
An open space or garage on a lot used for parking motor vehicles
that conforms to the standards of this chapter and which is accessed
from a street.
[Amended 12-28-1999 by Ord. No. O-12-99]
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under §
253-9 of this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted by the municipality, including
cash, provided that the municipality shall not require more than 10%
of the total performance guaranty in cash.
PERMEABILITY
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
[Added 6-26-2012 by Ord. No. O-5-12]
PERSON
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity.
[Added 5-9-1989 by Ord. No. O-4-89]
PERSONAL SERVICES
Establishments engaged in providing services involving the
care of a person or his/her apparel. Personal services include laundry,
including cleaning and pressing service, barbershops, beauty shops,
funeral services, health clubs and exercise facilities, nail salons,
etc.
[Added 12-28-1999 by Ord. No. O-12-99]
PINELANDS AREA
That area designated as such by Section 10(a) of the Pinelands
Protection Act.
[Added 5-9-1989 by Ord. No. O-4-89]
PINELANDS DEVELOPMENT [Amended 5-9-1989 by Ord. No.O-4-89; amended 10-24-1989 by Ord. No. O-17-89]
The change of or enlargement of any use or disturbance of
any land, the performance of any building or mining operation, the
division of land into two or more parcels and the creation or termination
of rights of access or riparian rights, including but not limited
to:
(1)
A change in type of use of a structure or land;
(2)
A reconstruction, alteration of the size or
material change in the external appearance of a structure or land;
(3)
A material increase in the intensity of use
of land, such as an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land;
(4)
Commencement of resource extraction, drilling
or excavation on a parcel of land;
(5)
Commencement of forestry activities;
(6)
Demolition of a structure or removal of trees;
(7)
Deposit of refuse, solid or liquid waste or
fill on a parcel of land;
(8)
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
of waste material; and
(9)
Alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
PINELANDS DEVELOPMENT CREDIT
A use right allocated to certain lands within the township
and the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that can be
used to secure a residential density bonus on certain other lands
within the Pinelands Area.
[Added 5-9-1989 by Ord. No. O-4-89]
PINELANDS DEVELOPMENT REVIEW BOARD
The agency responsible from February 8, 1979, until June
28, 1979, for the review of and action on applications for approvals
of other state agencies, except where the Pinelands Commission acted
on applications during that time period.
[Added 5-9-1989 by Ord. No. O-4-89]
PINELANDS RESOURCE RELATED USE
Any use which is based on resources which are indigenous
to the Pinelands, including but not limited to forest products, berry
agriculture and sand, gravel, clay or ilmenite.
[Amended 5-9-1989 by Ord. No. O-4-89]
PLANNED BUSINESS PARK
A tract of land that is planned, developed, and operated
as an integrated facility for a number of individual business uses,
on separate lots, with consideration to transportation facilities,
circulation (internal street pattern), parking, utility needs, aesthetics
and compatibility.
[Added 7-25-2006 by Ord. No. O-22-2006]
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate commercial or office uses, or both, and any residential
and other uses incidental to the predominant use as may be developed
by ordinance.
[Amended 12-28-1999 by Ord. No. O-12-99]
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous or noncontiguous size as
specified by ordinance to be developed according to a plan as a single
entity containing one or more structures with appurtenant common areas
to accommodate industrial uses and any other uses incidental to the
predominant use as may be permitted by ordinance.
[Amended 12-28-1999 by Ord. No. O-12-99]
PLANNED UNIT DEVELOPMENT
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 or ratios of nonresidential
uses to residential uses as shall be specified in the Zoning Ordinance.
[Amended 12-28-1999 by Ord. No. O-12-99]
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous or noncontiguous
acreage of five acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate commercial, or public or quasi-public uses, all primarily
for the benefit of the residential development.
[Amended 12-28-1999 by Ord. No. O-12-99]
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide
or in the state is in jeopardy.
[Amended 5-9-1989 by Ord. No. O-4-89]
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to §
253-40 of this chapter, prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PRELIMINARY PLAT
A preliminary map indicating the proposed layout of the subdivision,
which map is submitted to the Secretary of the Planning Board for
consideration and discussion with the subdivider, and meeting the
requirements of this chapter.
PRIVATE SWIMMING POOL
Any structure that contains water over 24 inches in depth
and which is used or intended to be used in connection with the occupancy
of a single-family detached or attached dwelling and is available
only to the occupants of the dwelling and their guests. This includes
in-ground, aboveground and on-ground swimming pools, hot tubs and
spas.
[Added 6-10-2003 by Ord. No. O-10-2003]
PROJECTING SIGN
A sign, other than a wall sign, suspended from or supported
by a building or structure or steel column and projecting out therefrom.
"Projection" means distance by which a sign extends beyond the face
of the building to which it is attached.
PROTECTION AREA
All land within the Pinelands Area which is not included
in the Preservation Area.
[Added 5-9-1989 by Ord. No. O-4-89]
PROVIDER
A company that provides wireless services via a local communications
facility.
[Added 12-28-1999 by Ord. No. O-13-99]
PUBLIC AREAS
(1)
Public parks, playgrounds, trails, paths and
other recreational areas.
(2)
Other public open spaces.
(3)
Scenic and historical sites.
(4)
Sites for schools and other public buildings
and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated for installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing the flow of water to safeguard
the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
PUBLIC PURPOSE OR USE
The use of land by the Township Committee, school board or
some officially created municipal agency or authority.
[Added 5-9-1989 by Ord. No. O-4-89]
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners
and defined pursuant to N.J.S.A. 48:2-13.
[Added 12-28-1999 by Ord. No. O-12-99]
PUBLIC UTILITY INSTALLATION
Sewer service, gas, electricity, water, telephone, cable
television and other public utilities developed linearly, roads and
streets and other similar services provided or maintained by any public
or private entity.
[Added 5-9-1989 by Ord. No. O-4-89]
QUASI-PUBLIC
Facilities operated by religious organizations, cemetery
associations, veterans' organizations, fraternal organizations and
other institutions or organizations of similar type but not necessarily
belonging to the aforementioned categories, said facilities being
financed in whole or in part by public funds. In addition, quasi-public
facilities include those operated by nonprofit institutions or organizations
which are operated by persons or groups of persons for a public purpose
but with only limited public control or accessibility.
QUORUM
The majority of the full authorized membership of a municipal
agency.
RECOMMENDED MANAGEMENT PRACTICE
The management program which employs the most efficient use
of available technology, natural, human and economic resources.
[Added 5-9-1989 by Ord. No. O-4-89]
RECORD TREE
The largest tree of a particular species in New Jersey based
on its circumference at 4.5 feet above ground level. A listing of
the largest known tree of each species and its location is maintained
at the principal offices of the Commission.
[Added 11-25-1997 by Ord. No. O-15-97]
RECREATIONAL FACILITY, LOW INTENSIVE
A facility or area which complies with the standards of N.J.A.C.
7:50-5, Part III, utilizes and depends on the natural environment
of the Pinelands and requires no significant modifications of that
environment other than to provide access, and which has an insignificant
impact on surrounding uses or on the environmental integrity of the
area. It permits such low intensity uses as hiking, hunting, trapping,
fishing, canoeing, nature study, orienteering, horseback riding and
bicycling.
[Added 11-25-1997 by Ord. No. O-15-97]
RESIDENTIAL CLUSTER
A contiguous or noncontiguous area to be developed as a single
entity according to a plan containing residential housing units which
have a common or public open space area as an appurtenance.
[Amended 12-28-1999 by Ord. No. O-12-99]
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESOURCE CONSERVATION PLAN
A plan, prepared for review by the Soil Conservation District,
which details the proposed use of agricultural recommended management
practices.
[Added 5-9-1989 by Ord. No. O-4-89]
RESOURCE EXTRACTION
The dredging, digging, extraction, mining and quarrying of
sand, gravel, clay or ilmenite for commercial purposes, not including,
however, the private or agricultural extraction and use of extracted
material by a landowner.
[Amended 5-9-1989 by Ord. No. O-4-89]
RESOURCE MANAGEMENT SYSTEM PLAN
A plan, prepared in accordance with the United States Department
of Agriculture, Natural Resources Conservation Service, New Jersey
Field Office, Technical Guide, dated June 2005. Such plans shall prescribe
needed land treatment and related conservation and natural resources
management measures, including forest management practices, for the
conservation, protection and development of natural resources, the
maintenance and enhancement of agricultural or horticultural productivity,
and the control and prevention of non-point source pollution: and
establish criteria for resource sustainability of soil, water, air,
plants and animals.
[Added 6-26-2012 by Ord. No. O-5-12]
RESTAURANT, DRIVE-THROUGH
An establishment where food and/or beverages are sold in
a form ready for consumption, and where ordering and pickup of food
may take place from an automobile.
[Added 12-28-1999 by Ord. No. O-12-99]
RESTAURANT, ENTERTAINMENT
An establishment which provides as a principal use the combination
of family-oriented recreation and on-premises dining where neither
the recreational use nor the on-premises dining is clearly accessory
or incidental to the operation of the other. For the purposes of this
definition, recreation may include television and motion pictures,
sound and sight systems, mechanical and/or electronic operated games,
animated mechanical devices and/or rides, and live entertainment.
[Added 12-28-1999 by Ord. No. O-12-99]
RESTAURANT or DINER
An establishment where food and drink are prepared, served
and consumed primarily within the principal building.
[Added 12-28-1999 by Ord. No. O-12-99]
RESUBDIVISION
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 conveyance so as
to combine existing lots by deed or other instrument.
SEASONAL HIGH-WATER TABLE
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
[Added 5-9-1989 by Ord. No. O-4-89]
SEDIMENTATION
The deposition of soil that has been transported from its
site or origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SHOPPING CENTER
A group of retail or other commercial establishments that
is planned, constructed and managed as a single entity, with customer
and employee parking provided on site, provision for goods delivery
to establishments separate from customer access, aesthetic considerations
and protection from elements, and landscaping and signage in accordance
with an approved plan.
[Added 12-28-1999 by Ord. No. O-12-99]
SIGN
Any conspicuous notice designed to identify, inform, guide
or advertise and shall include every sign, billboard, ground sign,
illuminated sign, wall sign and projecting sign and every awning,
canopy and street clock which includes any announcement, declaration,
demonstration, display, illustration or insignia used to identify
or promote the interests of any person, when the same is placed either
indoors or out of doors in such a way that the same is in view of
the general public.
SIGN AREA
The entire face of a sign, calculated by multiplying the
largest horizontal dimension by the largest vertical dimension, including
the advertising surface and any framing, trim, or molding but not
including the support structure. For signs without a defined background,
the area shall be determined by multiplying the largest horizontal
and vertical dimensions of the sign image.
[Added 12-28-1999 by Ord. No. O-12-99]
SITE PLAN
A development plan of one or more lots on which is shown:
(1)
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways;
(2)
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and
(3)
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
SOLAR ENERGY FACILITY
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 4-9-2019 by Ord.
No. O-4-19]
SOLAR ENERGY SYSTEM
One or more solar panels and all associated equipment involved
in the conversion of solar radiation to electrical energy.
[Added 8-9-2022 by Ord. No. O-18-22]
SOLAR PANEL
A structure containing one or more receptive cells or collector
devices, the purpose of which is to convert solar energy into usable
electrical energy by way of a solar energy system.
[Added 8-9-2022 by Ord. No. O-18-22]
SPECIAL TRADE CONTRACTOR
Businesses engaged in the provision of services including
but not limited to plumbing, electrical, painting, masonry, carpentry,
roofing and siding, flooring, landscaping and retail associated with
these uses.
[Added 7-25-2006 by Ord. No. O-17-2006]
STANDARDS OF PERFORMANCE
Standards:
(1)
Adopted by this chapter pursuant to Subsection
52d of the Municipal Land Use Law of 1975, c. 291, P.L. 1975, regulating noise levels, glare, earthborne or sonic vibrations,
explosive and inflammable matters, smoke and airborne particles, waste
discharges, screening or unsightly objects or conditions and such
other similar matters as may be reasonably required by the municipality;
or
(2)
Required by applicable federal or state laws
or municipal ordinances.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
which is shown upon a plat heretofore approved pursuant to law, which
is approved by official action as provided by this act or which is
shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. Streets shall be further
classified as follows:
(2)
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
(3)
MINOR STREETSThose which are used primarily for access to the abutting properties.
(4)
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
(5)
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET LINE
That line determining the limit of the highway rights of
the public, either existing or contemplated.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
SUBDIVISION
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development.
(1)
The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created and,
in the Pinelands Area, if no new development occurs or is proposed
in connection therewith:
[Amended 10-24-1989 by Ord. No. O-17-89]
(a)
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.
(b)
Divisions of property upon court order.
(c)
Divisions of property by testamentary or intestate
provisions.
(d)
Conveyances so as to combine existing lots by
deeds or other instrument.
(2)
The term "subdivision" shall also include the
term "resubdivision."
SUBDIVISION COMMITTEE
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivision
in accordance with the provisions of this chapter and such other duties
relating to land subdivision which may be conferred on this Committee
by the Board.
SUBMERGED LANDS
Those lands which are inundated with water throughout the
year.
[Added 5-9-1989 by Ord. No. O-4-89]
TEMPORARY SIGN
A sign of cloth or other combustible material with or without
a frame, which is erected for a limited period of time not to exceed
45 days.
TOWER APARTMENT
One of a series of dwelling units located in a building of
not less than six stories in height which is arranged, intended or
designed to be used by permanent residents living independently of
each other.
TRAILER COACH
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a place of day-to-day
habitation for one or more persons. This term shall also include automobile
trailers, mobile homes, house trailers and trailer coaches, excepting
therefrom travel trailers which are under eight feet in width and
under 35 feet in length and which are not used for purposes of day-to-day
habitation.
TRAILER COURT
Land and premises upon which two or more trailer coaches
occupied for dwelling or sleeping purposes are located. This term
shall include trailer coach parks and courts.
TRANSCRIPT
A typed or printed verbatim record of the proceedings or
reproduction thereof.
[Added 12-28-1999 by Ord. No. O-12-99]
TREE
A woody plant that has the potential to reach a height of
at least 10 feet, has a single stem and has a definite crown shape.
[Added 5-9-1989 by Ord. No. O-4-89]
TRUCK STOP
Any business, premises, or land on which or upon which a
business, service or industry involving the maintenance, servicing,
storage or repair of commercial vehicles is conducted or rendered,
including the dispensing of motor fuel or other petroleum products
directly into commercial motor vehicles and the sale of accessories
or equipment for trucks or similar commercial vehicles. A truck stop
may also include overnight accommodations and restaurant facilities
primarily for the use of truck crews.
[Added 12-28-1999 by Ord. No. O-12-99]
USED CAR SALES
The business of buying, selling, exchanging, dealing or trading
in motor vehicles, titles to which have been transferred from the
persons who first acquired them from the manufacturer or dealer and
which have been so used as to become secondhand and including motor
vehicles other than a new motor vehicles.
UTILITY DISTRIBUTION LINES
Lines, conduits or pipes located in a street, road, alley
or easement through which natural gas, electricity, telephone, cable
television, water, sewage or stormwater discharge is distributed to
or from service lines extending from the main line to the distribution
system of the building or premises served. Utility distribution lines
do not include electric transmission lines.
[Amended 5-9-1989 by Ord. No. O-4-89; amended 11-25-1997 by Ord. No. O-15-97]
VARIANCE
Permission to depart from the literal requirements of this
chapter pursuant to Section 47 and Subsections 29.2b, 57c and 57d
of the Municipal Land Use Law of 1975, c. 291, P.L. 1975.
VEGETATION
Any plant material, including grasses, shrubs and trees.
[Added 5-9-1989 by Ord. No. O-4-89]
WETLAND
Those lands which are inundated or saturated by water at
a magnitude, duration and frequency sufficient to support the growth
of hydrophytes. Wetlands include lands with poorly drained or very
poorly drained soils as designated by the National Cooperative Soils
Survey of the Soil Conservation Service of the United States Department
of Agriculture, and further defined in N.J.A.C. 7:50-6.3 and 7:50-6.5.
[Added 5-9-1989 by Ord. No. O-4-89]
WETLANDS MANAGEMENT
The establishment of a characteristic wetland or the removal
of exotic species or phragmites from a wetland in accordance with
the standards of N.J.A.C. 7:50-6.10. For purposes of this definition,
exotic species are those that are not indigenous to North America.
[Added 6-26-2012 by Ord. No. O-5-12]
WETLAND SOILS
Those soils designated as very poorly drained or poorly drained
by the Soil Conservation Service of the United States Department of
Agriculture, including but not limited to Atsoin, Bayboro, Berryland,
Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St.
Johns and Freshwater Marsh and Tidal Marsh soil types.
[Added 5-9-1989 by Ord. No. O-4-89]
YARD, FRONT
An open unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of that lot. The setback line shall be synonymous with
the rearmost line of the required front yard area.
YARD, REAR
A yard extending across the full width of the lot and the
nearest line of any building on the same lot. The depth of a rear
yard shall be measured at right angles to the rear line of the lot
or, if the lot is not rectangular, then in the general direction of
its side building lines.
YARD, SIDE
An open unoccupied space between the side line of the lot
and the nearest line to the building and extending from the front
yard to the rear yard or, in the absence of either side yards, to
the street or rear lot lines as the case may be. The width of a side
yard shall be measured at right angles to the side line of the lot.
ZONING BOARD
The officially established Zoning Board of Adjustment of
the Township of Franklin.
ZONING PERMIT
A document signed by the Administrative Officer which is
required by ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the municipal zoning ordinance or variance therefrom duly authorized
by a municipal agency pursuant to this chapter.