Franklin Township Gloucester County
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 253-1 Title.
This chapter shall be known and may be cited as the "Land Development Ordinance of the Township of Franklin, New Jersey."
§ 253-2 Purpose.
The purposes of this chapter are as follows:
A.
To provide for sufficient space in appropriate locations for a variety of public, agricultural, residential, recreational and commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all Franklin Township residents.
B.
To provide a means to implement and effectuate the objectives and provisions of the Master Plan of the Township of Franklin.
C.
To establish appropriate population densities and concentrations that will contribute to the well-being of all Franklin Township residents and preservation of the environment.
D.
To guide the appropriate use or development of land in Franklin Township in a manner which will promote the health, safety, morals and general welfare.
E.
To secure safety from fire, flood, panic and other natural and man-made disasters.
F.
To provide adequate light, air and open space.
G.
To guide the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which will result in congestion and blight.
H.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
I.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
J.
To encourage planned unit developments which incorporate the best features of design and relate to type, design and layout of residential, commercial, industrial and recreational development to the particular site.
K.
To encourage senior-citizen housing construction with provisions permitting other residential uses of a similar density in the same zoning district.
L.
To ensure that the land use and development of Franklin Township does not conflict with the development and general welfare of neighboring municipalities.
M.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
N.
To encourage coordination of the various public and private procedures and activities shaping land development, with a view to lessening the cost of such development and to increasing the efficiency of land utilization.
O.
To promote utilization of renewable energy sources.
[Added 12-28-1999 by Ord. No. O-12-99]
P.
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the state recycling plan goals and to complement municipal recycling programs.
[Added 12-28-1999 by Ord. No. O-12-99]
§ 253-3 Definitions.
[Amended2-10-1981 by Ord. No. O-5-81; 8-10-1982 by Ord. No. O-17-82; 5-9-1989 by Ord. No.O-4-89; 10-24-1989 by Ord. No. O-17-89; 7-10-1990 by Ord. No. O-13-90; 7-10-1990 by Ord. No. O-17-90; 6-9-1993 by Ord. No. O-15-93; 11-25-1997 by Ord. No. O-15-97; 12-28-1999 by Ord. No. O-12-99; 12-28-1999 by Ord. No. O-13-99; 6-10-2003 by O-10-2003; 9-14-2004 by Ord. No. O-13-2004; 7-25-2006 by Ord. No. O-17-2006; 7-25-2006 by Ord. No. O-22-2006; 2-13-2007 by Ord. No. O-2-2007; 10-23-2007 by Ord. No. O-20-2007; 6-26-2012 by Ord. No. O-5-12; 12-28-2016 by Ord. No. O-16-2016; 4-9-2019 by Ord. No. O-4-19; 11-10-2020 by Ord. No. O-12-20; 5-11-2021 by Ord. No. O-7-21; 8-9-2022 by Ord. No. O-18-22; 7-9-2024 by Ord. No. O-9-24; 8-12-2025 by Ord. No. O-5-25]
For the purpose of this chapter, all terms shall be defined in accordance with the following:
A.
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
B.
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.
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.
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.
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.
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.
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.
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.
AGRICULTURAL SERVICE ESTABLISHMENT
An establishment, the primary purpose of which is the sale of goods, commodities or services that support active farm operations.
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.
AMENDMENT
A means for making changes to a certified local master plan or land use ordinance.
ANIMALS, THREATENED OR ENDANGERED
See N.J.A.C. 7:50-6.32.
ANTENNA
The surface from which wireless radio signals are sent and received by a local communications facility.
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.
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.
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.
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.
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.
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.
AUTOMOTIVE REPAIR GARAGE
Any premises used for repair or servicing of motor vehicles, not including automotive wrecking.
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.
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.
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.
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.
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.
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.
BOARD OF ADJUSTMENT
The board established pursuant to § 253-52 of this chapter.
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).
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.
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.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or major construction project.
CERTIFICATE OF APPROPRIATENESS
An approval of the Planning Board pursuant to § 253-81 of this chapter.
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.
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.
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.
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.
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.
COMMISSION
The Pinelands Commission created pursuant to Section 5 of the Pinelands Commission Act.
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.
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.
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.
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.
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.
CONVENTIONAL
Development other than planned development.
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.
COUNTY PLANNING BOARD
The Planning Board of the County of Gloucester and State of New Jersey.
DAYS
Calendar days.
DENSITY
The permitted number of dwelling units per gross area of land to be developed.
DETACHED BUILDING
A building which has no party wall.
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.
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.
DEVELOPMENT, MINOR
All development other than major development.
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.
[1]DIVERT or DIVERSION
Means the taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other waterbody, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
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.
DWELLING, TWO-FAMILY
A structure designed or used for residential occupancy by two families.
ELECTRIC DISTRIBUTION LINES
All electric lines other than electric transmission lines.
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.
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.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1).
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[2] 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%.
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.
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.
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.
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.
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:
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.
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:
(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.
FORESTRY MANAGEMENT PLAN
See N.J.A.C. 7:504.2(b)6.
GARAGE, PRIVATE
Either a freestanding accessory structure or an area within a principal structure that is designed or used to provide for parking or storage and in which no occupation, service or business is carried on.
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.
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.
GOVERNING BODY
The chief legislative body of the municipality.
HABITAT
The natural environment of an individual animal or plant, population or community.
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.
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.
HYDROLOGIC UNIT CODE-11 or HUC-11
Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
HYDROPHYTES
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
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.
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.
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.
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.
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.
JUNKYARD
Any area defined by the Franklin Township Code as a junkyard.
[3]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.
LANDSCAPING
The installation of plant material or seed as a part of development.
LATTICE TOWER
A freestanding tower with multiple legs and cross bracing of structural steel.
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.
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.
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.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
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.
[4]MAYOR
The Chief Executive of the municipality.
MINOR SITE PLAN
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
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.
(2)
A planned development.
(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.
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.
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.
MUNICIPALITY
Any city, borough, town, township or village.
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.
NONCONSUMPTIVE USE
Means the use of water diverted from surface or ground waters in such a manner that at least 90 percent of the diverted water is returned to the source surface or ground water at or near the point from which it was taken.
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.
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 MAP
A map adopted by ordinance pursuant to § 253-29 of this chapter.
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.
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.
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.
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.
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.
PINELANDS AREA
That area designated as such by Section 10(a) of the Pinelands Protection Act.
PINELANDS DEVELOPMENT
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.
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.
PINELANDS PROTECTION ACT
N.J.S.A. 13:18A-1 to 18A-29.
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.
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.
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.
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.
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.
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.
PLANNING BOARD
The Municipal Planning Board established pursuant to § 253-21 of this chapter.
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
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.
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.
PROVIDER
A company that provides wireless services via a local communications facility.
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.
PUBLIC UTILITY
Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
RESTAURANT or DINER
An establishment where food and drink are prepared, served and consumed primarily within the principal building.
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.
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.
SEMIDETACHED BUILDING
A building which has only one party wall in common with an adjacent building.
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.
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.
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.
SOLAR ENERGY SYSTEM
One or more solar panels and all associated equipment involved in the conversion of solar radiation to electrical energy.
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.
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.
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, [5] 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:
(1)
ARTERIAL STREETS
Those which are used primarily for fast or heavy traffic.(2)
COLLECTOR STREETS
Those 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 STREETS
Those which are used primarily for access to the abutting properties.(4)
MARGINAL ACCESS STREETS
Streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.(5)
ALLEYS
Minor 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:
(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.
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.
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.
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.
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.
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.
[6]VEGETATION
Any plant material, including grasses, shrubs and trees.
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.
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.
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.
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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
[3]
Editor's Note: See Ch. 247, Junk and Junk Dealers.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: See N.J.S.A. 40:55D-65d.
[6]
Editor's Note: See N.J.S.A. 40:55D-60, 40:55D-40b and 40:55D-70c and d.
§ 253-4 Rules for administrative procedures.
The Township Committee, Planning Board and Zoning Board of Adjustment shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law of 1975, P.L. 1975, c. 291,[1] or this chapter for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by § 253-20 of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Administrative Officer.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 253-5 Meetings; quorums.
Every Franklin 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 the township shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The township may provide for special meetings, at the call of the Chairman or on request of any two of its members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231,[1]and agency regulations. All actions shall be taken by a majority vote of a quorum except as otherwise required by §§ 253-30, 253-14E, 253-27A, 253-53 and 253-59F of this chapter. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
§ 253-6 Conduct of meetings; minutes.
A.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231,[1]and agency regulations.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B.
Minutes of every regular or special meetings shall be kept and shall include the names of all persons appearing and addressing the township and of the persons appearing by attorney, the action taken by the township, the findings, if any, made by it and reasons 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 may be charged a fee as established by § 253-20 of this chapter for reproduction of the minutes for his use.
§ 253-7 Hearings.
A.
The township municipal agency shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan.
B.
The township municipal 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 30 days before the date of the hearing during normal business hours in the Township Planning and Zoning Office. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
[Amended 7-10-1990 by Ord. No. O-17-90]
C.
The officer presiding at the hearing or such person as he may designate shall have the 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, shall apply.[1]
[1]
Editor's Note: See N.J.S.A. 2A:67A-1 et seq.
D.
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 shall not be applicable to the hearing, but the Chairman of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
The township municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The township shall furnish a transcript, or duplicate recordings in lieu thereof, on request to any interested party at his expense.
G.
Each decision on any application for development shall be in writing and shall include finding of fact and conclusions based thereon. The municipal agency shall provide the findings and conclusions through:
[Amended 12-28-1999 by Ord. No. O-12-99]
(1)
A resolution adopted at a meeting held within the time period provided in the Municipal Land Use Law[2] for action by the municipal agency on the application for development; or
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution shall be adopted upon the vote by that member. An action pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections H and I of this section. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
H.
A copy of the decision shall be mailed by the Secretary of the Township Planning or Zoning Board 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 fee as specified in § 253-20 of this chapter. A copy of the decision shall also be filed by the township 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 fee as specified in § 253-20 of this chapter and available for public inspection at his or her office during township business hours.
I.
A brief notice of the decision shall be published in the official newspaper of the township. Such publication shall be arranged by the Secretary or Clerk of the body rendering the decision, provided that the applicant may in any case provide for the publication of the decision. The applicant shall pay a fee as designated by § 253-20 for publication of said notice, unless the applicant submits proof acceptable to the Secretary or Clerk of the said Board within 10 days of the decision that he has provided for the required publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the township or the applicant.
J.
A member of a municipal agency who was absent for one or more of the meetings at which a hearing was held, or was not a member of the municipal agency at that time, shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent or was not a member, and certifies in writing to the board that he has read such transcript or listened to such recordings.
[Added 12-28-1999 by Ord. No. O-12-99]
§ 253-8 Contents of notice of hearing on application for development or adoption of Master Plan.
Notices pursuant to §§ 253-9 and 253-10 of this chapter 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 § 253-9 of this chapter, an 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 § 253-7B of this chapter.
§ 253-9 Notice of hearing on applications.
Notice pursuant to Subsections A, B, D, E, F and G of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
A.
Public notice of a hearing on an application for development shall be given, except for conventional site plan review pursuant to § 253-32A of this chapter, except as otherwise required by § 253-36 of this chapter; minor subdivisions pursuant to § 253-42 of this chapter; or final approval pursuant to § 253-38 of this chapter, provided that public notice shall be given in the event that relief is requested pursuant to § 253-26 of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the township.
B.
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by 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 by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. 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.
C.
Upon the written request of an applicant, the Township Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B 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. A fee of $10 shall be charged for such list.
D.
Notice of all 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.
E.
Notice shall be given by personal service or certified mail to the 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 municipal boundary.
F.
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.
G.
Notice shall be given by personal service or certified mail to the State Planning Commission 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 pursuant to § 253-7 of this chapter.
[Amended 12-28-1999 by Ord. No. O-12-99]
H.
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this chapter requiring notice pursuant to Subsection A of this section shall be given, in the case of a public utility, cable television company or local utility which possess a right-of-way or easement within the municipality and which has registered with the municipality in accordance with N.J.S.A. 40:55D-12.1 by:
[Added 12-28-1999 by Ord. No. O-12-99]
(1)
Serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility; or
(2)
Mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
I.
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
[Amended 12-28-1999 by Ord. No. O-12-99]
J.
Notice pursuant to Subsections D, E, F, G, and H of this section shall not be deemed to be required, unless public notice pursuant to Subsection A and notice pursuant to Subsection B of this section are required.
[Added 12-28-1999 by Ord. No. O-12-99]
§ 253-10 Notice concerning Master Plan.
The Planning Board shall give:
A.
Public notice of a hearing on adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the official newspaper of the township at least 10 days prior to the date of the hearing.
B.
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoptions, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any hearing.
C.
Notice by personal service or certified mail to the County Planning Board of:
(1)
All hearings on 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 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.
§ 253-11 Effect of mailing notice.
Any notice made by certified mail pursuant to §§ 253-9 and 253-10 of this chapter shall be deemed complete upon mailing.
§ 253-12 Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or Official Map.
A.
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.
B.
Notice by personal service or certified mail shall be made to the 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 hearings; and
(2)
The adoption, revision or amendment of the township capital improvement program or Township 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 Municipal Official Map or the municipal capital improvement program or any proposed revision or amendment thereto, as the case may be. 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.
§ 253-13 Filing of development regulations.
[Amended 12-28-1999 by Ord. No. O-12-99]
The Township Clerk shall file with the County Planning Board as soon as possible after passage all development regulations, including the ordinance and any amendments and revisions thereto as required by N.J.S.A. 40:55D-16, and file and maintain for public inspection copies of said regulations in the office of the Clerk.
§ 253-14 Appeals to Township Committee.
A.
Any interested party may appeal to the Township Committee a final decision of the Board of Adjustment approving an application for development pursuant to § 253-53A(4) of this chapter. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 253-7I of this chapter. The appeal to the Township Committee shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the ground therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Township Committee only upon the record established before the Board of Adjustment.
B.
Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 253-7H and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the Township Committee shall provide for verbatim recording and transcripts of such meetings pursuant to § 253-7F.
C.
The Township Committee shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing, unless the appellant consents in writing to an extension of such period. The appellant shall arrange for a transcript pursuant to § 253-7F, or otherwise, for use by the Township Committee and shall submit proof upon the filing of his notice of appeal, or within 10 days thereof, that he has ordered said transcript. Failure of the appellant to order the transcript within the above time shall result in dismissal of the appeal. Failure of the Township Committee to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent, shall constitute a decision affirming the action of the Board.
D.
The Township Committee may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Board of Adjustment.
E.
The affirmative vote of a majority of the full authorized membership of the Township Committee shall be necessary to reverse, remand or modify any final action of the Board.
F.
An appeal to the Township Committee shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Board from whose action the appeal is taken certifies to the Township Committee, after the notice of appeal shall have been filed with such Board, that by reason of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.
G.
The Township Committee shall mail a copy of the decision to the appellant or, if represented, then to his attorney, and to the applicant, without separate charge and, for a fee as designated in § 253-20 of this chapter, to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the township. Such publication shall be arranged by the Township Clerk, provided that the applicant may arrange such publication if he so desires.
H.
Nothing herein shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
§ 253-15 Appeal or petition in certain cases to Board of Public Utility Commissioners.
[Added 12-28-1999 by Ord. No. O-12-99]
A.
If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved by the action of a municipal agency through said agency's exercise of its power under this chapter, with respect to any action in which the public utility has an interest, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the Township Committee pursuant to § 253-14 unless the public utility so chooses. In such case the appeal to the Public Utility Board of Commissioners may be taken within 35 days after action by the Township Committee. A hearing on the appeal of a public utility to the Public Utility Commissioners shall be had on notice to the agency from which the appeal is taken and to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard. If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, notwithstanding any provisions of this chapter.
B.
This chapter shall not apply to a development proposed by a public utility for installation in more than one municipality for the furnishing of service if, upon a petition of the public utility, the Board of Public Utility Commissioners shall after hearing, of which the municipality shall have notice, decide the proposed installation of the development in question is reasonably necessary for the service, convenience or welfare of the public.
C.
Nothing in this chapter shall be construed to restrict the right of any interested party to obtain a review of the action of the municipal agency or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.
§ 253-16 Enforcement; violations and penalties.
A.
The Township Committee shall enforce this chapter. 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, the Township Committee and its agents 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, to 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.
B.
In addition to the remedies referred to above, the person that shall violate this chapter or do any act or thing therein prohibited or refuse to or fail to do any act or thing therein required to be done or refuse or fail to comply with an order of the Zoning Officer or an order of the Board of Adjustment shall, upon conviction thereof before any court of competent jurisdiction, pay such fine, not exceeding the sum of $200, as shall be imposed by such court in its discretion or be imprisoned in the county jail for such term, not exceeding 90 days, as such court in its discretion shall determine.
§ 253-17 Exclusive authority of Planning Board and Board of Adjustment.
[Added 12-28-1999 by Ord. No. O-12-99]
Any power expressly authorized in this chapter to be exercised by the Planning Board or the Zoning Board of Adjustment shall not be exercised by any other body, except as otherwise provided in N.J.S.A. 40:55D-1 et seq. and this chapter.
§ 253-18 Tolling of period of approval.
[Added 12-28-1999 by Ord. No. O-12-99]
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 shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
§ 253-19 Conditional approvals.
A.
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 any other party to protect the public health and welfare, the approving authority shall process such application for development in accordance with this chapter, and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority 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 approving authority is prevented or relieved from so acting by the operation of law.
§ 253-20 Fees.
[Amended 10-10-1989 by Ord. No. O-14-89; 11-25-1997 by Ord. No. O-15-97; 2-13-2001 by Ord. No. O-1-2001; 10-11-2005 by Ord. No. O-16-2005]
The following fees shall be charged by the Township of Franklin for any applicant for action to be taken for development by the Planning Board or the Zoning Board of Adjustment in accordance with the fees specifically set forth hereinafter and all of which fees, which shall be identified as filing fees, shall be applied to the general account of the Township of Franklin Planning Board or Zoning Board or such other account as may be required and shall not be applied to any escrow account for any credit whatsoever for development, planning or zoning:
A.
Subdivision.
(1)
Minor subdivision:
(a)
Application fee: $500, plus $75 per lot.
(b)
Reapproval or extension of minor subdivision application fee: $300.
(2)
Sketch plat major subdivision application fee: $250.
(3)
Preliminary approval major subdivision:
(a)
Application fee: $1,500, plus $75 per unit for the first 10 units and for any additional unit; the sum of $45 for each unit after the first 10.
[1]
The basic charge shall be paid to the Planning Board plus review fees and deposits as may be hereinafter set forth for review of engineering and land planning.
[2]
Where a commercial/industrial application shall be sought for preliminary major subdivision, the sum of $1,500 shall be paid to the Township of Franklin for said subdivisions, plus $100 per acre.
(b)
Publication fee: A fee equal to current publication costs shall be charged for all public notices required by this chapter.
(c)
Extension of preliminary approval.
[1]
Application fee: $300.
(d)
Substantial revision or additional review of preliminary approval.
[1]
Application fee: $1,500.
(4)
Final approval major subdivision.
(a)
Application fee: $500, plus $100 per dwelling, plus any and all review fees and deposit and inspection fees as hereinafter set forth.
(b)
Extension of final approval.
[1]
Application fee: $300.
B.
Site plan fees. Application fees in accordance with the below schedule shall accompany site plan applications. (In the case of an application for preliminary and final site plan approval of a site plan, the final site plan fee shall apply.)
(1)
Site plan application fees.
(a)
Preliminary final site plan application fee: $1,000, plus review fee deposits, plus inspection fees as may be hereinafter required.
(b)
Final site plan application fee: $500, plus review fee deposits, plus inspection fees as may be hereinafter required.
(c)
Extension of preliminary or final approval application fee: $300.
(d)
Publication fee: A fee equal to current publication costs shall be charged for all public notices required by this chapter.
C.
Other fees.
(1)
Hear and decide appeals of a decision by the Zoning Officer: $250.
(2)
Interpretation of Zoning Map or Zoning Ordinance: $250.
(3)
Hardship/bulk or CI and C2 variance: $150.
(4)
Use or D variance: $300.
(5)
Conditional uses: $400.
(6)
Hearing for permit for building or structure.
(a)
In bed of mapped street: $250.
(b)
Not related to a street: $250.
(7)
Informal review of a concept plan by the Planning Board and professionals.
(a)
Application: $100. For proposed nonresidential developments, this fee will be credited to the site plan/subdivision application fee if an application is filed within one year of the date of the conceptual review meeting.
(8)
Signs:
(a)
The following fees shall apply for a permit to construct a permanent sign that is not a substantially similar replacement of a sign in that location.
[1]
Two dollars per square foot of surface area of sign (calculated and applied to one side of a double-faced sign only); but
[2]
In no event less than $10.
(b)
An addition to an existing, permitted sign shall have a fee only as to the additional sign square footage.
(c)
The fee for a permit to use a temporary portable sign shall be $100 per month, which permit shall expire in 90 days and shall not be renewed for one year.
(9)
Site plan waiver request: $200.
(10)
Zoning permits.
[Amended 12-14-2021 by Ord. No. O-15-21]
(a)
Residential zoning permits: $50; and all commercial zoning permits: $75.
(11)
Forestry permits: see § 287-7 of Chapter 287.
(12)
Certification of a nonconforming use.
(a)
Administrative application to Zoning Officer: $100.
(b)
Appeal to the Zoning Board of Adjustment: $100.
D.
For resubmission or revision of any application, the fee shall be the same as would have been paid for the initial application. For any resubmission or revision of a development plan or application, there shall be paid the same fee and deposit as a new application, which shall be in addition to any amounts paid for the original application. Nothing herein shall prevent or limit resubmissions and revisions. All fees and deposits on account of a revised plan or application shall, in the discretion of the reviewing agency, not be required for any revision not necessary for approval but which is requested by the reviewing agency, nor any revision not involving any additional costs of review by professional personnel or hearing expenses.
E.
Review fees (escrow) deposit:
(1)
Whenever a review fee is required, the developer shall deposit in accordance with Subsection G a sum of money which the Municipal Treasurer shall, in turn, deposit in a separate account and carry under the municipality's trust fund section of accounts on the books of the municipality as a review fee escrow fund. The amount of money so deposited, exclusive of all other fees, shall be as follows:
(a)
For major subdivisions, at preliminary application and again at final application: the sum of $300 per lot for the first 10 lots and $200 per lot for each additional lot after the first 10. At the time of final approval, any amounts remaining on deposit after the preliminary application review fees have been paid shall be credited to the deposit for the final approval review fee deposit.
(b)
For minor subdivision applications, the applicant shall post an initial escrow in the amount of $350 to cover the review fees charged by the Township professionals.
(c)
For major site plan review: $500 per acre or part thereof, plus $100 for each additional acre or part thereof.
(d)
For extension of preliminary or final approval: $350.
(e)
For informal review of a concept plan: $200.
(f)
For applications before the Zoning Board of Adjustment, the minimum escrow to be charged for any application before the Zoning Board of Adjustment shall be $1,000.
(2)
Such fund shall be used to pay the fees of any professional or technical personnel retained or employed by the Township Planning Board or Zoning Board of Adjustment or Township Committee to assist in processing, reviewing, and making recommendations concerning the subject application, which shall include but not necessarily be limited to the solicitor for the board or agency, the engineer for the board or agency, the land planner for the board or agency, the Township Solicitor as may be required to act pursuant to ordinance, and such other personnel which may be necessary to be consulted in the event an application shall require special consideration and/or review.
(3)
Whenever a review fee shall be required, the developer or applicant, together with the Planning Board or Zoning Board of Adjustment, shall execute an agreement, in writing, with copies for each party providing the following as to escrow agreements:
(a)
The agreement shall be signed by the developer and the appropriate Board Secretary at the time of the application.
(b)
The subject matter of the application shall be specifically identified by lot and block designation as found on the Tax Map of Franklin Township.
(c)
The full name of the applicant with applicant's address, telephone number and fax number shall be included.
(d)
The purpose of the escrow shall be defined in accordance with the application.
(e)
The agreement shall provide the developer's responsibility to maintain an adequate reserve of funds for the payment in accordance with the provisions of this subsection.
(f)
In the event the escrow shall be deficient at any time, the Board having jurisdiction shall declare the application incomplete.
(g)
Any excess funds remaining in the escrow fund after 95 days after final approval shall be returned to the applicant.
(4)
If at any time the escrow fund is found to be insufficient to cover all reasonable fees for the required professional services, the applicant shall be notified, in writing, with an accounting of the fees, and the applicant shall, within 10 days, increase the fund as shall be determined by the reviewing board. In the event that the applicant shall fail to deposit the required fees, the reviewing board shall be entitled to declare the application incomplete. Any excess funds in the escrow fund remaining 95 days after final action has been taken by the reviewing board shall be returned to the applicant.
F.
Professional fees. The escrow funds deposited with the account of any application, as required by this article, before the Planning or Zoning Board of the Township of Franklin: All professional personnel who shall be required pursuant to this article or by declaration, referral, or resolution of either the Planning Board or the Zoning Board of Adjustment shall be entitled to fees for that reasonable amount of time necessary to review, report and process the application on behalf of the Planning Board, the Zoning Board of Adjustment or the Township of Franklin. Such professionals shall be the Planning Board Engineer, the Planning Board Land Planner, the Planning Board Solicitor, the Township Solicitor, the Zoning Board Solicitor and any other personnel or expert to whom an application may be referred for advice, to advise and report and process to the respective boards. All fees shall be submitted on a voucher form acceptable to the Township Treasurer of the Township of Franklin and shall be processed against development fees, which shall be deposited into escrow in advance by the applicant. Wherever such deposit shall require replenishing or additional funds to be deposited therein, the respective board shall notify the applicant to deposit such additional funds as may be necessary to meet the expenses of the board pertaining to that particular application. No application shall be deemed complete unless and until all such fees have been deposited and paid and any deficiency satisfied in full, and no preliminary of final approval shall be granted by any board unless and until all such fees have been paid in full through the escrow deposit fund. The Township Treasurer shall report from time to time to the respective boards as to the balance or status that may be required for such escrow funds.
G.
All fees shall be paid by the applicant or appellant to the secretary or clerk of the municipal agency to which the application is being made at the same time as the application is submitted or the appeal is filed. Said fee shall then be turned over to the Municipal Treasurer within 48 hours of receipt.
H.
Whenever a term is used in this article which is defined in the Municipal Land Use Law,[1] such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed from the context of this article.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 253-20.1 (Reserved) [1]
[1]
Editor's Note: Former § 253-20.1, Tax Map Impact Fee, added 7-13-2004 by Ord. No. O-11-2004, was repealed 6-22-2010 by Ord. No. O-13-2010.