Freehold Township City Zoning Code
ARTICLE I
General Provisions
§ 190-1 Title.
This chapter may be cited and referred to as the Freehold Township Land Use Ordinance.
§ 190-2 Purpose.
It is the intent and purpose of this chapter:
A.
To encourage action to guide the appropriate use or development of all lands in Freehold Township in a manner which will promote the public health, safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made disasters.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of Freehold Township does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
E.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities, and regions and preservation of the environment.
F.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
H.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
I.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
J.
To promote the conservation of open space, historic sites and districts, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
K.
To encourage planned unit developments or similar uses which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
L.
To encourage senior citizen community housing construction.
M.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
N.
To promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of the normal energy sources.
O.
To promote the maximum practicable recovery and recycling of recyclable materials from solid waste through the use of planning practices designed to incorporate the state recycling plan goals and to complement the Monmouth County and Freehold Township recycling programs.
§ 190-3 Definitions.
A.
For the purpose of the chapter, unless the context clearly indicates a different meaning:
(1)
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
(2)
The word "lot" includes the word "plot" or "premises."
(3)
The word "used" includes the words "intended to be used," "designed to be used," or "arranged to be used,"
(4)
The word "occupied" includes the words "intended to be occupied," "designed to be occupied," or "arranged to be occupied."
(5)
The word "demonstrate" means to provide such visual, written or oral information as will enable the designated reviewing agency or board to ascertain the scope and nature of a proposed use and operation, and to render an informed opinion or decision thereon.
(6)
The phrase "adjacent to a residential zone district" shall not include a residential zone district separated from a property by a highway of four or more travel lanes.
[Added 7-13-2006 by Ord. No. O-06-27]
B. ACCESSORY BUILDING OR STRUCTURE ACCESSORY USE ADMINISTRATIVE OFFICER ADULT ADULT BOOKSTORE ADULT MOTION-PICTURE THEATER ADVERSE EFFECT AESTHETIC AND HISTORICAL QUALITIES AGRICULTURE ALTERATIONS, STRUCTURAL ALTERNATIVE MOTOR VEHICLE FUELING STATION ALTERNATIVE MOTOR VEHICLE FUELS ALTERNATIVE TOWER STRUCTURE ANTENNA APARTMENT APPLICANT APPLICATION FOR DEVELOPMENT APPROVING AUTHORITY AQUIFER RECHARGE AREA ARTIST'S BODY PAINTING STUDIO AUCTION or AUCTION MARKET AUTOMOBILE DEALERSHIP REPAIR AND MAINTENANCE FACILITIES BACKHAUL NETWORK BASEMENT BLOCK BOARDINGHOUSE BUFFER BUILDING AREA BUILDING COVERAGE BUILDING HEIGHT(1) (2) BUILDING LINE BUILDING MATERIALS BUILDING, PRINCIPAL BUILDINGS CABARET CAMPGROUND CAMPSITE CAPITAL IMPROVEMENT CELLAR CERTIFICATE OF DEVELOPMENT CREDIT CHANGE OF USE CIRCULATION CLEAR-SIGHT DISTANCE COMMERCIAL SCHOOLS COMMUNITY RESIDENCES FOR DEVELOPMENTALLY DISABLED; COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE; COMMUNITY RESIDENCES FOR THE TERMINALLY III; AND COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES COMPATIBLE USE COMPLETE APPLICATION CONDITIONAL USE CONDOMINIUM CONGREGATE LIVING FACILITY CONGREGATE LIVING FACILITY FOR THE ELDERLY CONVENTIONAL DEVELOPMENT COOPERATIVE SOBER LIVING RESIDENCE (CSLR)(1) (2) (3) (4) (5) (6) (7) COUNTY MASTER PLAN COWORKING SPACE CRITICAL AREA DAYS DEVELOPABILITY DEVELOPER DEVELOPMENT DEVELOPMENT REGULATION DIVISION DORMITORY (as applicable to Hospital Zone) DRAINAGE DRAINAGE RIGHT-OF-WAY DRIVE-THROUGH FACILITY DWELLING, MULTIPLE FAMILY, or MULTIFAMILY HOUSING DEVELOPMENT DWELLING, ONE FAMILY DWELLING, TWO FAMILY DWELLING UNIT EARTH ANTENNA or GROUND TERMINAL EARTH TERMINAL, COMMERCIAL EARTH TERMINAL, PERSONAL EASEMENT ELECTRONIC GRAPHIC DISPLAY SIGN EMERGENCY STANDBY GENERATOR FOR GASOLINE OR ALTERNATIVE MOTOR VEHICLE FUELING STATIONS ENTERTAINMENT EVENT CENTER ENVIRONMENTAL COMMISSION EROSION ESSENTIAL SERVICES EXCAVATION or CUT EXTENSION SCHOOL FAA FAMILY FARM FARM MARKET FARM STAND FCC FENCE FINAL APPROVAL FLEA MARKET FLOOR AREA FLOOR AREA; GROSS HABITABLE OR GROSS LEASABLE; FLOOR AREA RATIO(1) (2) (3) FORESTER FUELING PRODUCT PRICE SIGN FUNERAL HOME GARAGE GARAGE, PRIVATE GARAGE SALE GARDEN APARTMENT GRADE, FINISHED GENERAL DEVELOPMENT PLAN HISTORIC COMMERCIAL VILLAGE INDOOR COMMERCIAL RECREATION INSTRUCTIONAL SCHOOLS AND STUDIOS LED HISTORIC SITE HOTEL/MOTEL HOUSE OF WORSHIP IMPERVIOUS SURFACE INTERESTED PARTY(1) (2) JUNKYARD LIFE CARE FACILITY LIFE CARE RETIREMENT FACILITY LONG-TEAM-CARE FACILITY LOT LOT AREA LOT, CORNER LOT COVERAGE LOT DEPTH LOT LINE LOT FRONTAGE LOT WIDTH LOT YIELD PLAN MAINTENANCE GUARANTEE MASSAGE SHOP MASTER PLAN MINOR SITE PLAN(1) (a) (b) (c) (2) (3) (4) (5) MAJOR SUBDIVISION MINOR SUBDIVISION MULCHING NEIGHBORHOOD COMMERCIAL NONCONFORMING LOT NONCONFORMING STRUCTURE NON-OXFORD HOUSE MODEL RECOVERY HOME NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) NOTICE OBSCENE MATERIAL(1) (2) (3) OFFICIAL COUNTY MAP OFFICIAL MAP OFFICIAL NEWSPAPER OFF SITE OFF TRACT ON SITE ON TRACT OPEN SPACE OXFORD HOUSE MODEL RECOVERY HOME PAD SITE PARTY IMMEDIATELY CONCERNED PERFORMANCE GUARANTEE PERSONAL SERVICES PLANNED ADULT COMMUNITIES PLANNED DEVELOPMENT PLANNED UNIT DEVELOPMENT PLANNING BOARD PLAT PORTABLE ON-DEMAND STORAGE STRUCTURE PRELIMINARY APPROVAL PRELIMINARY FLOOR PLANS PRINCIPAL USE PROFESSIONAL OFFICE PUBLIC AREAS PUBLIC DEVELOPMENT PROPOSAL PUBLIC DRAINAGEWAY PUBLIC OPEN SPACE QUORUM RECEIVING AREA RECOVERY HOME RECYCLING AREA REGIONAL MALL SHOPPING CENTER RESIDENTIAL DENSITY RESTAURANT RESTAURANT, COUNTER-SERVICE RESTAURANT, FAST-FOOD RESTAURANT, FULL-SERVICE RESUBDIVISION(1) (2) RETAIL RETAIL STACK STORAGE ROOMING HOUSE SEDIMENTATION SELF-SERVICE STORAGE FACILITY SENDING AREA SHOPPING CENTER SITE DEVELOPMENT AREA SITE PLAN(1) (2) (3) SLOPE SPECIAL-NEEDS HOUSING(1) (2) (3) SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES STANDARDS OF PERFORMANCE(1) (2) STATIC SIGN STORE STORY STORY, HALF STREAM STREET STREET LINE STRUCTURE SUBDIVISION(1) (2) (3) (4) (5) SUBDIVISION COMMITTEE SWIMMING POOL, PRIVATE SWIMMING POOL, PUBLIC; SWIM CLUB TATTOO SHOP TOWER TOWER HEIGHT, WIRELESS TELECOMMUNICATIONS TOWER TOWNHOUSE TOWNSHIP AGENCY TRANSCRIPT USABLE AREA VARIANCE WAREHOUSE WAREHOUSE CLUB WIRELESS TELECOMMUNICATIONS TOWER YARD, FRONT YARD, REAR YARD, SIDE ZONING PERMIT
As used in this chapter, the following terms shall have the meanings indicated:
A freestanding building or structure subordinate to and customarily incidental to the principal building or structure on the same lot.
A use which is subordinate to and customarily incidental to the principal use located on the same lot; where an accessory use is contained in a structure which is attached to the principal building, such building shall be considered part of the principal building for the purpose of determining the required yard dimensions.
The individual appointed to administer the provisions of this chapter except when a matter has been appealed to the Township Committee and/or is pending before the Township Committee, then and in that event, the administrative officer shall be the Clerk of the Township.
Any person or persons who have attained the age of 18 years.
An establishment, business or use having as a predominant part of its stock-in-trade books, magazines, photographs, pictures, films, devices or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating specified sexual activities or specified anatomical areas and limiting the sale of such sexual matter to adults.
An enclosed building with the capacity of one or more persons used predominately for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas presented for observation by patrons therein.
Development designs, situations, or existing features on a developer's property, or any nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions such as layout inconsistent with the zoning regulations, insufficient street width, unsuitable street grade, unsuitable street location, inconvenient street system, inadequate utilities such as water, drainage, shade trees, and sewerage, unsuitable size, shape and location for any area reserved for public use or land for open space in a planned development, infringement upon land designated as subject to flooding, and the creation of conditions leading to soil erosion from wind or water from excavation or grading.
Those qualities possessed by any building, set of buildings, site, area or parcel of land which by virtue of its role in history or general appearance represents a unique quality or feature in the Township.
A use of substantially undeveloped land devoted to the production of plants and/or animals useful to man and/or such properties that are classified as agricultural by virtue of the Farmland Use Taxation Laws.
Any change, relocation, or rearrangement of any supporting members, exterior walls or roofs of an existing building.
A facility for the retail sale of alternative motor vehicle fuels from pumps to motor vehicles. Alternative motor vehicle fueling stations may operate 24 hours per day.
[Added 5-28-2013 by Ord. No. O-13-16]
Fuels other than gasoline, gasohol, Ethanol 85, Methanol 85, diesel or kerosene that propel vehicles. Alternative motor fuels include, but are not limited to, LPG (propane, butane), compressed natural gas (CNG), biodiesel, hydrogen, liquefied natural gas (LNG) or electricity.
[Added 5-28-2013 by Ord. No. O-13-16]
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
A dwelling unit in a building having two or more dwelling units therein and sharing services such as entranceways, hallways, basements, attics, heating systems, plumbing, or other similar shared services within the building singularly or in combination.
[Amended 3-25-2003 by Ord. No. O-03-3]
A developer submitting an application for development.
The application form and all accompanying documents required for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to this chapter.
The Planning Board unless a different agency is designated when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.
An area where rainfall infiltrates the ground to water-bearing geological formations for retention.
An establishment or business which provides the service of applying paint or other substances, whether transparent or nontransparent, to or on the human body when such body is fully or partially nude.
A room, building or open air area space regularly or periodically devoted to the sale of goods to the highest bidder.
[Added 6-17-2008 by Ord. No. O-08-11]
Facilities operated by automobile dealerships located in Freehold Township involved in providing repair and maintenance services for new and used automotive vehicles, such as passenger cars, trucks, vans, and trailers, that employ mechanics with specialized technical skills to diagnose and repair mechanical and electrical systems for automotive vehicles, repair automotive interiors; paint or repair automotive exteriors including bodies and frames; and repair and replacement of engines, exhaust systems, transmissions and glass; and to provide automotive vehicle services including motor oil and lubrication, car washes and detailing in accordance with Subsector 811 of the North American Industry Classification System.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers, or the public switched telephone network.
A story partly underground, but having less than 1/2 its height below the average level of the adjoining ground.
An area bounded by streets.[1]
The meaning set forth in N.J.S.A. 55:13B-3.
[Added 4-25-2023 by Ord. No. O-23-4]
A landscaped area designed to act as a visual screen between a potentially unsightly or otherwise undesirable or incompatible use and adjacent properties.
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
The horizontal area measured within the outside of the exterior walls of all principal and accessory buildings on a lot.
[Added 3-28-2023 by Ord. No. O-23-3]
PRINCIPAL BUILDINGThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
ACCESSORY BUILDINGThe vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.
A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected exterior surface of the building. All yard requirements are measured to the building line.
Materials that can be arranged, united, or joined to support, frame, enclose, sheath, or be otherwise fashioned into a building or structure. Such materials include, but are not limited to, rough or dressed lumber, millwork, roofing, shingles, wallboard, molding, plywood, Sheetrock, bricks, doors, windows, paneling, or concrete block.
A building in which is conducted the main or principal use of the site on which it is situated.
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof. A structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or other supports, and designed or used for shelter, housing enclosure, or storage of persons, animals or chattel.
An establishment or use which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for children or adults, or both, for a maximum of 15 days in any calendar year, for recreation, education or vacation purposes.
[Amended 12-27-2005 by Ord. No. O-05-48]
Any plot of ground within a campground intended for the exclusive occupation by camping unit or units under control of the camper.
A public acquisition of real property or major construction project.
A story partly underground and having more than 1/2 its height below the average level of the adjoining ground.
A calculation of the Planning Board indicating the existence of a certain specified number of development credits as determined by the Township of Freehold.
Any alteration or modification which results in a use which is not substantially of the same kind or purpose as the original use.
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage, or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
A line of unobstructed vision from a point 4 1/2 feet above the center line of a street or alley to the nearest point on the top of an object four inches high of the same center line.
An organization which teaches and provides courses of study of value and benefit to the general populace for a fee, which may include but not be limited to the following general examples of commercial schools: aircraft, archery, arts and crafts, barber, beauty, cooking, dancing, driving, modeling and reading.
Two or more uses of land not in conflict with each other.
An application completed as specified by the completeness checklists adopted pursuant to § 190-4B hereof, provided that the Township agency may require such additional information not specified in the section, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Township agency. An application shall be certified as complete upon the meeting of all requirements specified in the completeness checklists adopted pursuant to § 190-4B hereof, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Township agency.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning provisions of this chapter, and upon the issuance of an authorization therefor by the Planning Board.
A form of ownership of real property which consists of the building or buildings, common elements and other property described in a master deed and as generally set forth in N.J.S.A. 46:8A-1 et seq.
Residential facilities containing congregate kitchen, dining and living areas, but with separate sleeping rooms. Such facilities shall not be used for persons in need of the skilled care or structured care of a nursing home or institution.
A residential facility for four or more elderly (age 60 or older) within which is provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services such as transportation for routine social and medical appointments and counseling.
Development other than planned development.
A recovery home that is a rooming or boardinghouse that has been issued an "F" license by the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq. It does not operate as a single housekeeping unit. The 2017 New Jersey Uniform Construction Code[2] defines a CSLR as "a residential setting that serves solely as a home for individuals who are recovering from drug or alcohol addiction and is intended to provide an environment where the residents can support each other's sobriety and recovery." In addition to the other requirements specified in the regulations, a cooperative sober living residence must satisfy the following criteria:
[Added 4-25-2023 by Ord. No. O-23-4]
Management by an entity or organization that provides an operator who shall reside in the residence and exercise some level of control over the operation of the residence and establishes the residence's rules;
Occupancy shall not exceed 10 individuals, exclusive of the operator;
The requirement of the maintenance of an alcohol- and drug-free environment;
No provision of on-site counseling therapy, clinical treatment, or alcohol and/or drug treatment by the licensee;
No provision of food, laundry, financial, or other personal services by the licensee;
Ability of licensee, at its discretion, to provide nonclinical recovery and support services. The licensee may also elect to mandate or encourage residents to attend self-help recovery programs, participate in activities related to maintaining sobriety and continuing recovery, or receive off-site services deemed desirable or necessary to maintain sobriety; and
Ability of licensee, at its discretion, to require drug or alcohol testing of residents.
A composite of the Master Plan for the physical development of Monmouth County, New Jersey, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Monmouth County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.[3]
A building or portion thereof consisting of a shared office environment containing desks or other workspaces and customary office facilities, which allows individuals and groups employed by various organizations to operate independently or collaboratively.
[Added 5-25-2021 by Ord. No. O-21-10]
Lands within the one-hundred-year floodplain; wetlands and wetlands buffers; lands containing steep slopes of 15% or greater; lands that are highly erodible as indicated by an erodibility factor "k" computed by the USDA Natural Resources Conservation Service for soils of 0.40 or greater; lands which have a seasonal high-water table of 24 inches or less; lands contained within conservation easements.
[Amended 9-13-2005 by Ord. No. O-05-30]
Calendar days.
The capability of a parcel of land to accommodate the uses intended or proposed for it at the density intended or proposed for it based upon this chapter and the Environmental Impact Ordinance.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alterations, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
A land use ordinance, zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance, or other Township regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.
The Division of State and Regional Planning in the Department of Community Affairs.
A residence hall providing separate rooms or suites for individual nurses or individual interns, or for groups of two, three or four nurses or interns with common bathroom facilities, separate facilities being provided for both sexes.
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the Revised Statutes.
A facility such as a window or kiosk associated with a commercial use which permits customers to order, pay for, or receive goods or services while remaining in their automobile outside of an enclosed building.
[Added 5-25-2021 by Ord. No. O-21-10]
A building designed for or occupied by three or more families living independently of each other or a group of such buildings.
A detached building designed for or occupied exclusively by one family.
A building designed for or occupied exclusively by two families living independently of each other.
A building, or portion thereof, providing complete living facilities for one or more persons living together as a single housekeeping unit in one or more rooms with cooking, living, sanitary and sleeping facilities.
[Amended 6-17-2008 by Ord. No. O-08-11]
Any apparatus or device, commonly known as an earth terminal antenna, earth terminal, earth station, satellite communications antenna, satellite antenna, microwave dish antenna, or dish antenna and including as part of such apparatus or device the main reflector, subreflector, feed, amplifier and support structure which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but not including conventional personal television and radio and amateur radio antennas.
Any type of earth terminal not defined as a personal earth terminal.
An earth terminal intended solely for the reception of radio and/or television signals from a satellite being employed for only private, noncommercial purposes related to a residential use containing fewer than 10 dwelling units.
The grant of the right to use land for certain public or quasi-public purposes.
A sign or portion thereof that displays electronic, static images, static words, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor-controlled electronic or digital displays.
[Added 11-12-2013 by Ord. No. O-13-34]
A generator which is powered by natural gas or liquid gas fuel and permanently connected to the electrical system of a gasoline or alternative motor vehicle fueling station and only operates in the event of a power outage in order to provide backup power to the facility.
[Added 5-28-2013 by Ord. No. O-13-16]
A commercially operated enterprise within an enclosed building that acts as a venue for concerts and community events containing restaurants and other forms of entertainment. Entertainment event centers shall contain a minimum of 40,000 square feet of space.
[Added 11-12-2013 by Ord. No. O-13-34]
The Freehold Township Environmental Commission.
Detachment and movement of rock or soil fragments by water, wind, ice or gravity.
Facilities installed and/or maintained by a public utility or governmental agency, including gas, electrical, telephone, telegraph, water, sewage transmission and/or distribution systems and other similar services, including mains, drains, sewers, pipes, conduits, cables, and normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other government agencies necessary for the general health, safety and welfare of the public. Essential services shall not be deemed to include wireless telecommunications towers and antennas.
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displayed or relocated.
Institutions which are affiliated with accredited colleges, universities or other institutions of higher learning and which provide courses of study at locations separate and apart from the main campus.
The Federal Aviation Administration.
Any number of individuals related by blood, marriage, adoption or by agreement and their domestic employees, living together as a single housekeeping and domestic unit, and sharing rooms and other housekeeping facilities in common.
A parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, horses, poultry and dairy products, but excluding the raising of fur-bearing animals and swine, riding academies, livery stables or dog kennels.
Any establishment predominantly engaging in the sale of agricultural products and not qualifying as a farm stand as defined herein. The property owner and/or farm market operator must apply for and receive a zoning permit and site plan approval.
An establishment consisting of a stand, wagon, structure or building, with a total gross floor area not exceeding 900 square feet located on and/or immediately adjacent to agriculturally used property from which is offered for retail sale to the general public farm produce for human consumption, flowers or plants, 90% of which is grown within the State of New Jersey.
The Federal Communications Commission.
A structure forming an enclosure of an open area and designed to prevent straying from within or intrusion from without such enclosure, or to provide a visual or physical barrier.
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fullfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
A single location use wherein there are multiple vendors who have paid a fee for the privilege of occupying the space allotted to each vendor for the purpose of displaying and selling items of tangible personal property. Said location may be either open, enclosed or a combination of both. An enclosed "flea market" shall mean a flea market at a single location enclosed in a building or structure, rather than an open area not enclosed by a building or a structure.
[Added 6-17-2008 by Ord. No. O-08-11]
In any and all buildings, the total gross area of all floors.
In any and all buildings, the total gross area of all floors shall be calculated as follows for the corresponding types of buildings:
[Amended 9-13-2005 by Ord. No. O-05-30; 4-28-2009 by Ord. No. O-09-10]
FLOOR AREA, GROSS HABITABLEThe sum of the areas of the floor or floors of a building which are enclosed and suitable for human occupancy and have a clear ceiling height of at least seven feet, six inches, including closet space, attached garages and hallways, and excluding cellars, attics, dead air space, open porches, breezeways, and all accessory buildings. Such area shall be measured from outside to outside of exterior walls or from the center line of the wall separating two dwelling structures.
FLOOR AREA, GROSS LEASABLEThe sum of the areas of the floor or floors of a building or buildings which are enclosed and suitable for leasing to and utilized exclusively by commercial, office or service businesses. Covered sidewalks and enclosed mall open space areas, hallways, equipment rooms and entranceways, loading areas and similar space used in common or for the benefit of the shopping center or other areas not leased to tenants are excluded. Such area shall be measured from inside to inside of exterior walls or from a center line of the wall separating two commercial/industrial structures.
FLOOR AREA RATIO (FAR)The sum of the floor area of all floors of buildings or structures, as calculated using the definitions set forth in “floor area,” compared to the developable total area of the site.
The Township employee holding the position of "Supervisor--Trees." See Chapter 336, Trees, of the Code of the Township of Freehold.
A sign designed to advertise fuel prices for gasoline and alternative motor vehicle fueling stations that may be operated manually or electronically.
[Added 5-28-2013 by Ord. No. O-13-16]
A structure or facility in which deceased human beings are prepared for ultimate burial or other disposition off site, and in which reception areas for viewing and final rites are provided.
Any building other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, lubrication, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
A garage, whether attached or freestanding, used for storage purposes only and having a capacity of not more than three automotive vehicles or not more than one automotive vehicle per family housed in the building to which such a garage is accessory, whichever is greater. Space between may be utilized for not more than one commercial vehicle, and space may be rented for not more than two vehicles of other than occupants of the building to which such garage is accessory. Three-car garages shall not exceed 24 feet by 36 feet and 864 square feet, two-car garages shall not exceed 24 feet by 24 feet and 576 square feet and one-car garages shall not exceed 24 feet by 12 feet and 288 square feet.
[Amended 9-24-2013 by Ord. No. O-13-30]
Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," “yard sale” or any similar casual sale of tangible personal property which is advertised or displayed by any means whereby the public at large is or can be made aware of the sale.
[Added 6-17-2008 by Ord. No. O-08-11]
A multiple family dwelling or dwellings designed and constructed as a functional unit, not exceeding two stories in height, providing a resident superintendent, and featuring the extensive use of lawn areas and landscaping.[4]
The elevation of the completed surface of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto, or already in existence.
A comprehensive plan for the development of a planned development.
[Added 12-23-2014 by Ord. No. O-14-19]
A planned commercial development which contains a mixture of offices, retail stores, shops, personal services, restaurants, and other nonresidential uses as specified in this chapter. An historic commercial village shall be designed in a manner such that the architecture of the new buildings as well as the layout of the site are designed to complement the historic buildings and structures on the site as well as the historical character of Freehold Township.
An establishment where recreation activities are provided to the general public within an enclosed building and for which user fees are charged. Uses include, but are not limited to, movie theaters, performing arts facilities, assembly halls, roller- and ice-skating rinks, indoor climbing gyms, amusement arcades, bowling alleys, billiards, batting cages, play equipment, and virtual experience centers. Indoor commercial recreation does not include fitness and recreational sports centers (NAICS 713940), nightclubs, or instructional schools or studios.
[Added 5-25-2021 by Ord. No. O-21-10]
Establishments which provide classes, instruction, courses of study, and workshops to the general public, including, but not limited to, dance, yoga, Pilates, personal training, culinary arts, creative arts and crafts, music, martial arts, academics and athletics.
[Added 5-25-2021 by Ord. No. O-21-10]
Light-emitting diode, an electronic semiconductor device that emits light when an electrical current is passed through it.
[Added 5-28-2013 by Ord. No. O-13-16]
Any building, structure, area or property that is significant in history, architecture, archeology or culture of this state, its communities or the nation, and which may be so designated by the Township Committee.
A building containing guest sleeping bedrooms used, rented out or hired out for sleeping purposes, where separate cooking or kitchen facilities are not provided in individual rooms, but where ancillary facilities, including restaurants, cocktail lounges, guest services shops (for newspapers, magazines, personal goods, souvenirs, sundries and similar types of items customarily provided in a motel or hotel facility), exercise rooms, swimming pools and computer rooms are provided within the building. In hotels or motels which provide suites or guest rooms with two or more bedrooms, each bedroom shall be deemed to be a separate guest sleeping bedroom for purposes of this chapter.
[Amended 6-22-2004 by Ord. No. O-04-23; 11-1-2016 by Ord. No. O-16-15]
Any structure or building that is used as the regular site for traditional services, meetings and/or gatherings of an organized religious body or community, which services, meetings and/or gatherings are presided over by the ordained or otherwise officially recognized leader of that body or community. Exempted are incidental, ancillary, temporary or sporadic meetings attended by a small number of persons such that the character of the zone district in which it is located is not compromised for occupants of properties in that area
[Added 9-25-2007 by Ord. No. O-07-25]
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
[Added 3-28-2023 by Ord. No. O-23-3]
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
In the case of a civil proceeding in any court or in an administrative proceeding before a Township agency, any person, whether residing within or without the Township, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire, or enjoy property under this chapter, or under any other law of this state or of the United States have been denied, violated, or infringed by an action or a failure to act under this chapter.
The use of more than 200 square feet of any lot for the storage, keeping, or abandonment of automobiles or boats not in operating condition or other vehicles or machinery or parts thereof.
Any residential development providing efficiency, one-bedroom and/or two-bedroom dwelling units with common dining, recreation, and medical or nursing home facilities for persons 60 years of age or older. A life-care facility must: 1) be licensed and staffed for skilled care; 2) contain common kitchen and dining facilities; 3) have call button monitoring systems and a medical file system; 4) have on-premises physical therapy; 5) have on-premises personal services, library, educational, social, and occupational facilities, and available transportation.
A condominium/cooperative that has nursing home services as part of the facility.
A facility or distinct part of a facility licensed by the New Jersey State Department of Health and Senior Services as a long-term-care facility in accordance with Title 8, Health, Chapter 39, Standards for Licensure of Long-Term-Care Facilities, of the New Jersey Administrative Code.
[Added 12-22-2015 by Ord. No. O-15-25]
A designated parcel, tract, or area of land established by a plan or otherwise as permitted by law and to be used, developed, or built upon as a unit.
The size of a lot measured between the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot included in a street right-of-way.
A parcel of land at the intersection of and fronting on two or more streets, the front yard thereof shall be that area of the lot between a street and the main entrance to any building located thereon.
The percentage of the total lot area which is covered by impervious surfaces, principal buildings, and accessory buildings and uses.
[Amended 3-28-2023 by Ord. No. O-23-3]
A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
Any line dividing one lot from another lot or from a public thoroughfare.
That portion of a lot extending along a street line.
The mean horizontal distance between the side lot lines measured at right angles to its depth at the building line.
A subdivision layout plan indicating the number of conforming lots possible using the conventional zoning requirements of the zone district in which the property is located. The lot yield plan shall be prepared to include a lot or lots for stormwater detention or provide a realistic alternative for meeting the site's stormwater management needs. The lot yield plan shall be utilized to determine the number of lots that may be created in accordance with § 190-161, Variable lot option and cluster regulations, and the number of density bonus lots that may be permitted in accordance with § 190-141.
Any security, other than cash, which may be accepted by the Township Attorney for the maintenance of any improvements required by this chapter.
An establishment, business or use which provides the service of massage and body manipulation including exercises, heat, and light treatments of the body and all forms and methods of physiotherapy unless operated by a medical practitioner or professional physical therapist licensed by the State of New Jersey.
A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to § 190-23 et seq. of this chapter.
A site plan for construction of an addition or modification to an existing building, which addition or alteration:
[Amended 2-22-2011 by Ord. No. O-11-4]
Shall not exceed 1,500 square feet in floor area.
Shall not result in the addition of more than five parking spaces.
Shall not involve any change of use or require a use variance, encroach into any required front, side or rear yard or exceed minimum or maximum design standards contained in this chapter.
No development, including parking spaces, shall encroach into any buffer, landscape area, drainage area, wetlands area or open space required by this chapter or designated for such purpose(s) on a previously approved site plan or subdivision plan or other approved by the Planning Board.
[Amended 12-22-2015 by Ord. No. O-15-26]
There shall be no alterations of the existing drainage involving construction of, addition or modification to, site grading or addition of parking spaces and/or aisles which, in the written opinion of the Township Engineer, would substantially change the direction or quantity of storm drainage or surface water flow;
The proposed addition or alteration shall not violate any requirements of this chapter or other ordinances of the Township nor any condition of a previously approved site plan.
The total disturbed area of the site shall not exceed 5,000 square feet or require Freehold Soil Conservation Service approval.
Any subdivision not classified as a minor subdivision. Any proposed subdivision which would otherwise qualify as a minor subdivision shall be classified as a major subdivision if the subdivision under consideration represents a further subdivision of an original tract of land for which a previous minor subdivision has been approved by the Planning Board and the combination of the proposed and approved minor subdivision shall constitute a major subdivision. The original tract of land shall be considered any tract in existence on July 10, 1967.
Any subdivision containing not more than two lots plus the remainder fronting on an existing street approved to Township standards, not involving any planned development, a new street or road, the extension of a street or road and/or municipal facilities or an extension of any off-tract improvement the cost of which shall be pro rated pursuant to this chapter and not adversely affecting the development of the remainder of the parcel of adjoining property.
The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in established plant cover.
Commercial uses located within a planned development which do not exceed 5% of the developed site thereof and which are designed to be compatible with and primarily provide service for the accompanying residential uses of the planned development.
A lot the area, dimension, or location of which was lawful prior to adoption of this chapter, but which fails to conform to the requirements of the zoning district in which it is located.
A structure the size, dimension, or location which fails to conform to the requirements of the zoning district in which it is located.
A recovery home that does not operate using the Oxford House model and does not operate as a single housekeeping unit. Examples of activities that indicate the house is a non-Oxford House model may include, but are not limited to, residents enter into individual leases with the owner or operator of the home for the occupancy of their room and the common area; there is a limited number of staff on-site who will enforce rules, oversee the taking of medication, and perform random drug screening; residents are required to attend AA/NA meetings; residents are required to attend mandatory house meetings; residents are prohibited from sleeping outside the house; staff enforces a curfew; or guests are prohibited. They are rooming homes or boardinghouses.
[Added 4-25-2023 by Ord. No. O-23-4]
The NAICS is an industry classification utilized by the United States, Canada and Mexico that groups establishments into industries based on the activities in which they are primarily engaged, covering producing and nonproducing economic activities. The NAICS manual is published by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328 (ISB 0-16-049698-5) or through the National Technical Information Service, Springfield, Virginia 22161 (NTIS Order Number: PB98-127293INO) (ISBN-0-934213-56-9). Web site information about the NAICS including printed and CD ROM versions of the NAICS Manual can be found at:
Whenever notice is required by this chapter and a specific method for giving same is not set forth, then and in that event, notice shall be required to be given by certified mail and/or in person. If notice is given personally, the person giving same shall retain a receipt acknowledging the fact that notice was given.
As defined by N.J.S.A 2C:34-2, includes any description, narrative account, display, or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means of posing, composition, format or animated sensual details:
[Added 11-12-2013 by Ord. No. O-13-34]
Depicts or describes, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals;
Lacks serious literary, artistic, political, or scientific value, when taken as a whole; and
Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.
A map adopted pursuant to § 190-27 et seq.
The newspaper and/or newspapers officially designated by the Township Committee for publication of legal notices.
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
Oxford House has been authorized by Congress to provide community living arrangements for persons with drug and alcohol addiction. It is a recovery home in which the residents are self-governing, all residents contribute to the maintenance and expenses of the house, the residents determine who can reside in the house, there is no limit to how long an individual can reside in the house, there is no addiction treatment, therapy, or paid staff provided; the house operates as a single housekeeping unit, and the house is not required to be licensed by the New Jersey Department of Community Affairs.
[Added 4-25-2023 by Ord. No. O-23-4]
An ancillary, freestanding commercial development area located within a shopping center or planned commercial development but separate and apart from the principal structure(s).
[Added 5-25-2021 by Ord. No. O-21-10]
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to this chapter.
Any security, which may be accepted by the Township Committee, including cash, in lieu of the installation of specified required improvements before approval of a final map, provided that the Township shall not require more than 10% of the total performance guarantee in cash.
Services provided by establishments and/or individuals primarily engaged in providing services generally involving the care of the person or his apparel, such as barbershops, beauty shops, nail salons, photographic studios, shoe repair, shoe shine parlors, beauty spas, tailor shops, seamstress, and dry cleaning and laundry including pickup facilities, but excluding industrial laundries and dry-cleaning plants, and services similar to or related to these types of services.
One or more contiguous parcels of land having a total land area of 75 or more acres under common ownership or control which is planned for development with residential dwelling units and other structures and facilities and which has been approved by the Township prior to the adoption of this chapter.
Planned unit development, planned unit residential development, residential cluster (variable lot), planned commercial development, planned industrial development, or planned adult community.
An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
[Added 12-23-2014 by Ord. No. O-14-19]
The Township Planning Board established pursuant to this chapter.
A map or maps of a subdivision or site plan.
Includes any container, storage unit, shedlike container or other portable structure that can be or is used for the storage of personal property or materials of any kind on a temporary basis and is located on a residential property outside an enclosed building other than an accessory building or shed complying with all Township construction code and land use requirements.
[Added 9-24-2013 by Ord. No. O-13-31]
The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
The primary or main purpose for which a lot or building is being utilized.
Includes offices by professional, executive, engineer or for other administrative purposes, including but not limited to doctors, lawyers, accountants, engineers, architects and other similar professions which require a comparable degree of training, education and experience.
A master plan, capital improvement program or other proposal for land development adopted by the appropriate Township agency or any amendment thereto.
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
An open space area conveyed or otherwise dedicated to the Township, Township agency, board of education, State or county agency, or other public body for recreational or conservational uses.
The majority of the full authorized membership of any Township agency.
An area or parcel of land to which development credits generated within a sending area may be transferred and in which increased development is permitted in connection with the possession of such rights.
A residential environment that provides people in recovery a safe alcohol- and drug-free place to live as they transition back into the community.
[Added 4-25-2023 by Ord. No. O-23-4]
A space allocated for collection and storage of source-separated recyclable materials.
An integrated commercial development consisting of over 400,000 square feet of gross leasable area, which is planned, constructed, and operated as single entity consisting of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, and indoor commercial recreation housed in an enclosed building or buildings on one or more lots and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities, and sanitary facilities.
[Added 5-25-2021 by Ord. No. O-21-10]
The number of dwelling units per gross acre of residential land area before requirements for streets, easements, and open space portions of a development.
An establishment at which food is sold for consumption on the premises to patrons seated within an enclosed building.
An eating establishment at which food and beverages are typically ordered and paid for at a counter within an enclosed building for consumption on or off the premises.
[Added 5-25-2021 by Ord. No. O-21-10]
An eating establishment at which food and beverages are typically ordered, paid for, and served to patrons at a counter within an enclosed building and/or within automobiles outside of an enclosed building via a drive-through facility, for consumption on or off the premises.
[Amended 5-25-2021 by Ord. No. O-21-10]
An eating establishment at which food and beverages are ordered by and delivered to patrons at a seating area for consumption on the premises, with or without service of alcoholic beverages, and which may provide ancillary take- out service.
[Added 5-25-2021 by Ord. No. O-21-10]
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
Relating to the sale of goods in small quantities to ultimate consumers for personal or household consumption and not bulk sale of goods to customers engaged in the business of reselling goods. A retail use is open to the general public, and its patronage is not restricted by a membership requirement.
A retail use that stocks an inventory of goods in large quantities for the purpose of selling retail from a building in which the goods are held and which utilizes warehouse stack storage technique on the sales floor area. A retail stack storage use is open to the general public, and its patronage is not restricted by a membership requirement.
[Amended 5-25-2021 by Ord. No. O-21-10]
The meaning set forth in N.J.S.A. 55:13B-3.
[Added 4-25-2023 by Ord. No. O-23-4]
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.
A building consisting of individual, small, self-contained units that are leased or owned for the storage of business or household goods and supplies.
An area or a parcel of land from which development credits are transferred to a receiving area and in which subsequent development is not permitted by deed restriction except or by dedication for agricultural use, aesthetic and historic use, public open space or other public use.
An integrated commercial development planned, constructed, and operated as single unit consisting of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, theatres and auditoriums, housed in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities, and sanitary facilities.
The area of a site within which proposed development is permitted pursuant to the approved general development plan (GDP) approved by the Freehold Township Planning Board on June 9, 2003, in conjunction with P.B. Application 697-02 for Blocks 69.01, Lots 18.01, 18.02, 18.04, 18.05, 18.06, 18.07, 18.08 and 18.11 all of which are within the Regional Mall RMZ-1, RMZ-2 and RMZ-2A Zones. Within a site development area, steep slopes and heritage trees may be affected as provided for in the general development plan as approved for P.B. Application 697-02.
[Added 3-9-2004 by Ord. No. O-04-9]
A development plan of one or more lots depicting the proposed layout of a property and its relationship to the surrounding area upon which is shown:
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures, and signs, lighting, screening devices; and
Any other information that may be required in order to make an informed determination pursuant to this chapter.
A measurement of the rise or descent of the surface of land determined on a percentage basis where the vertical distance is divided by the horizontal distance. (Example: A rise of five feet over a horizontal distance of 100 feet would be five divided by 100 which equals 0.05 or 5%).
A housing development, or such portion of a housing development, that is permanent supportive housing or a community residence that is primarily for occupancy by individuals with special needs as a result of one or more cognitive, physical or developmental disabilities who shall occupy such housing as their usual and permanent residence, together with any structures or facilities, appurtenant or ancillary thereto, as defined in “Special Needs Housing Trust Fund Guidelines” approved by the New Jersey Housing and Mortgage Finance Agency Board on August 17, 2006, (See: http://www .nj.gov/dca/hmfalbiz/devel/specneed/guidelines.pdf.), including but not limited to the following:
[Added 12-8-2009 by Ord. No. O-09-32]
"Permanent supportive housing" providing for a range of permanent housing options such as apartments, condominiums, townhouses, single- and multifamily homes, single-room occupancy housing, shared-living and supportive-living arrangements that provide access to on-site or off-site supportive services for individuals and families who can benefit from housing with services because of one or more cognitive, physical or developmental disabilities. Permanent supportive housing has as its primary purpose assisting the individual or family to live independently in the community and to meet the obligations of tenancy. Tenants may have individual or shared apartments, and there is no limitation for length of tenancy. Participation in services is not a condition of tenancy.
"Community Residences" including group homes, supervised apartments, and other types of shared living environments that provide housing and treatment or specialized services needed to assist individuals with special needs to live in community settings. For purposes of this chapter, community residences do not include assisted-living facilities, nursing homes, transitional housing facilities, or shelters.
A special-needs housing development may contain "units" and/or "beds." A "unit" refers to a single living unit that contains at a minimum a bedroom with a bathroom. A unit may contain one or more beds. A "bed" is for a single individual receiving housing and services. Each unrelated adult must have his or her own bedroom.
For the purpose of this chapter, specified anatomical areas are defined as:
For the purpose of this chapter, specified sexual activities are defined as:
Standards regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be required by the Township; or
Standards required by applicable federal or state laws or Township ordinances.
Signs which include no animation or effects simulating animation.
[Added 11-12-2013 by Ord. No. O-13-34]
An individual business establishment where goods or merchandise are kept and displayed for sale. Goods or merchandise may include retail or wholesale goods or merchandise.
[Added 11-29-2005 by Ord. No. O-05-39]
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it; except that a cellar shall not be considered as a story.
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are no more than two feet above the floor surface of such story. The habitable area shall be from a point perpendicular from the floor joist to the intersection of the roof rafter a distance of four feet.
Any natural course of running water whether improved, unimproved, enclosed, or realigned which, presently or prior to any improvement, enclosure, or realignment, had cut, by the erosion of running water, a channel with well defined banks and a bottom and through which water flows ordinarily and frequently but not necessarily continuously.
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way which is an existing state, county, or municipal roadway, or is shown upon a plat heretofore approved pursuant to law or approved by official action of the Township Committee or the Planning Board, or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the street lines.
The line determining the limit between the highway of the public and adjoining private property.
Any combination of materials forming a construction, assembly or erection, the use of which require location upon the ground or attachment to something having a location upon the ground, including, among other things, buildings, fences, walls, signs, radio towers, swimming pools, light stanchions, platforms, and mobile homes.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order including but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument, provided each lot to be combined does not contain a principal structure; and
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Zoning Officer to conform to the requirements of the Township development regulations and/or shown and designated as separate lots on the Tax Map of the Township. The term "subdivision" shall also include the term "resubdivision."
A committee of three members of the Planning Board appointed annually by the Chairman of the Planning Board subject to approval by a majority of the members of the Planning Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivision which may be conferred on the Committee by the Planning Board. The Chairman of the committee shall be appointed by the Chairman of the Planning Board for a term of one year.
A structure erected upon a property or an accessory to a residential building on the same lot therewith, and providing recreational facilities for swimming or wading from the use of the persons residing on the premises and their nonpaying guests.
A public or privately owned structure providing recreational facilities for swimming or wading for the use of the membership of any private or quasi-public group, club or organization.
An establishment, business or use which provides the services of applying a tattoo more specifically described as an indelible mark or figure etched on the surface of the body by the insertion of pigment into the skin.
See definition of "wireless telecommunications tower" below.
When referring to a wireless telecommunications tower or other structure, tower height is the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also the definition of "building height.")
One dwelling unit in a line of four or more attached dwelling units with each dwelling unit extending from the ground to the roof and having individual outside access and no interior facilities, conveniences or services shared with other dwelling units making up the overall building.
The Township Planning Board or the Township Committee when acting pursuant to this chapter as well as any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.
[Amended 12-22-2015 by Ord. No. O-15-26]
A typed or printed verbatim record of the proceedings or reproduction thereof.
The gross lot area minus lands classified as critical areas.
Permission to depart from the literal requirements of the zoning provisions of this chapter.
A building used for the storage of manufactured products, supplies, equipment, and other goods and materials. A warehouse shall not mean a self-service storage facility.
A business that sells goods or items in bulk or large quantity at costs below market price to individuals and/or businesses paying an annual membership fee.
[Added 5-25-2021 by Ord. No. O-21-10]
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
An open, unoccupied space on the same lot with a principal building, extending the width of the lot and situated between the street line and the front building line. The depth of the front yard shall be measured at right angles to the street line. (See also definition of “lot, corner.”) In all circumstances, other than a front porch, the front yard setback shall be the greater of the distance established by the location of the existing principal building or the distance set forth in Schedule C at the end of this chapter. Although it may intrude beyond the front building line, a front porch may not intrude into the front yard area measured and established pursuant to Schedule C.
[Amended 10-24-2006 by Ord. No. O-06-36]
An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear lot line and the rear building line. The depth of the rear yard shall be measured at right angles to the rear lot line.
An open, unoccupied space on the same lot with a principal building extending from the front yard to the rear yard and situated between the side lot lines and the side building line. The side yard shall be measured at right angles to the side lot line.
A document signed by the Zoning Officer or Assistant Zoning Officer which acknowledges that a use, structure, or building complies with the provisions of the zoning provisions of this chapter or of any variance therefrom duly authorized by a Township agency.
[Amended 10-13-2009 by Ord. No. O-09-26]
[1]
Editor's Note: The former definition of "Board of Adjustment," which immediately followed this definition, was repealed 12-22-2015 by Ord. No. O-15-26.
[2]
Editor's Note: See N.J.A.C. 5:23-1.1 et seq.
[3]
Editor's Note: The former definition of "coverage," which immediately followed this definition, was repealed 3-28-2023 by Ord. No. O-23-3.
[4]
Editor’s Note: The former definition of “golf training center,” which immediately followed this definition, was repealed 11-29-2005 by Ord. No. O-05-39.
§ 190-4 Administrative procedures; completeness checklists.
A.
Every Township agency shall adopt and may amend reasonable rules and regulations not inconsistent with N.J.S.A. 40:55D-1 et seq. or with this chapter, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and the charge for such copy shall be in accordance with N.J.S.A. 47:1A-5. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the administrative officer. All fees required pursuant to this chapter are summarized in Schedules A and B in § 190-10.
B.
In determining the completeness of applications, the Township agency shall utilize the following completeness checklists which shall be available from the administrative officer and are hereby adopted:[1]
(1)
Informal Review Checklist (Exhibit A).
(2)
Site Plan Waiver Completeness Checklist (Exhibit B).
(3)
Site Plan Completeness Checklist (Exhibit C).
(4)
Minor Subdivision Completeness Checklist (Exhibit D).
(5)
Preliminary Major Subdivision Completeness Checklist (Exhibit E).
(6)
Final Major Subdivision Completeness Checklist (Exhibit F).
(7)
Variance Application Completeness Checklist (Exhibit G).
(8)
Minor Site Plan completeness Checklist (Exhibit H).
(9)
General Development Plan Checklist (Exhibit I).
(10)
Wireless Communication Facilities Modification (Exhibit J).
[Added 6-28-2016 by Ord. No. O-16-6]
[1]
Editor's Note: The Completeness Checklists (referred to as Exhibits A through I) are on file in the office of the administrative officer.
§ 190-5 Meetings of Township agencies.
A.
Scheduling of meetings. Every Township agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of a Township agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for the lack of development applications. The Township agency may provide for special meetings at the call of the Chairperson, or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise specifically set forth in this chapter. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
B.
Meetings open to public. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with municipal regulations and N.J.S.A. 10:4-6 et seq.
C.
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Township agency and of the persons appearing by their attorney, the action taken by the Township agency, the findings, if any, made by it and reason therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for reproduction of the minutes in accordance with N.J.S.A. 47:1A-5.
§ 190-6 Hearings.
A.
Hearing on applications. The Township agency shall hold a hearing on each application for development, or adoption, revision, or amendment of the Master Plan.
B.
Rules governing hearings. The Township agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C.
Presiding officer. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
D.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
E.
Technical rules of evidence. Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
Transcript. The Township agency shall furnish a verbatim transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.
G.
Decisions.
(1)
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon. If and in the event a final decision has been made by a Township agency on an application for land use, minor changes affecting same may be processed by the Township agency by way of an amendment to the original application rather than the filing of a new application; said determination to be within the discretion of the Township agency.
(2)
Failure of a motion to approve an application for development, to receive the number of votes required for approval shall be deemed an action denying the application. Any such action resulting from failure to adopt a motion to approve shall be memorialized by a resolution of the municipal agency. All municipal agencies are empowered to adopt resolutions of memorialization pursuant to N.J.S.A. 40:55D-10(g). Such resolution shall, however, be adopted by a vote of the majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on a resolution of memorialization shall be deemed to be a memorialization of the action of the agency and not to be an action of the agency. Whenever such a resolution is adopted, the date of such adoption shall constitute the date of the decision for purposes of mailing, filing and publication, etc.
H.
Copy of decision. A copy of the decision shall be mailed by the administrative officer within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a charge in accordance with N.J.S.A. 47:1A-2. A copy of the decision shall also be filed by the Township agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee in accordance with N.J.S.A. 47:1A-5, and available for public inspection at this office during reasonable hours.
I.
Publication of notice of decision. A brief notice of the decision shall be published in an official newspaper of the municipality within 10 days of the receipt by the applicant of the decision. Such publication shall be arranged by the administrative officer and shall be paid for by the applicant. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
§ 190-7 Notice.
A.
Contents of notice of hearing on application for development or adoption of Master Plan. Notices pursuant to §§ 190-7B and C shall state the date, time and place of the hearing, the nature of the matters to be considered, and in the case of notices pursuant to Subsection B of this section, and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 190-6B.
B.
Notice of applications. Notice pursuant to Subsection B(1), (2), (4), (5) and (7) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
(1)
Public notice shall be given of the hearing on an application for development except for minor subdivisions, minor site plans and final approval of any application; on an appeal pursuant to § 190-242A; on an application for an interpretation pursuant to § 190-242B; or on an application pursuant to N.J.S.A. 40:55D-68. Public notice shall be given in any event if relief pursuant to §§ 190-19, 190-41C(2), 190-49F and 190-50G of this chapter is sought as part of an application for development even though otherwise exempt from public notice requirements. Public notice shall be given by publication in an official newspaper of the Township.
(2)
Notice to real property owner, partnerships and corporate owners.
(a)
Notice of a hearing requiring public notice pursuant to Subsection B(1) of this section shall be given to the owners of all real property as shown on the current Township tax duplicate, located in New Jersey and within 200 feet in all directions of the particular parcel of property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the (1) condominium association in the case of any unit owner whose unit has a unit above or below it or; (2) horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property; or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
(b)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
(3)
Upon the written request of an applicant with a pending application before a Township agency or a municipal agency of an adjoining municipality, the administrative officer shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners residing in Freehold Township to whom the applicant is required to give notice pursuant to Subsection B(2)(a) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
(4)
Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality. If the property is located within 200 feet of parcels of realty located outside of Freehold Township, the applicant shall be responsible for service upon the individual owners thereof as well as the Clerk.
(5)
Notice shall be given by personal service or certified mail to the Monmouth County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a Township boundary.
(6)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(7)
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning of the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer.
(8)
The applicant shall file an affidavit of proof of service with the Township agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
C.
Notice concerning Master Plan. The Planning Board shall give:
(1)
Public notice of a hearing on adoption, revision, or amendment of the Master Plan shall be given by publication in the official newspaper of the Township, at least 10 days prior to the date of the hearing.
(2)
Notice by personal service or certified mail to the Clerk of an adjoining municipality of all hearings on adoption, revision, or amendment of the Master Plan involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
(3)
Notice by personal service or certified mail to the Monmouth County Planning Board of: 1) all hearings on the adoption, revision, or amendment of the Township Master Plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed Master Plan, or any revision or amendment thereto; and 2) the adoption, revision, or amendment of the Master Plan not more than 30 days after the date of such adoption, revision, or amendment; such notice shall include a copy of the Master Plan or revision or amendment thereto.
D.
Effect of mailing notice. Any notice to be made by certified mail by the administrative officer pursuant to this chapter shall be deemed complete upon mailing.
E.
Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or Official Map.
(1)
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision, or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall be made to the Monmouth County Planning Board of: 1) all hearings on the adoption, revision, or amendment of any development regulation at least 10 days prior to the date of the hearing; and 2) the adoption, revision, or amendment of the Township capital improvement program or Official Map not more than 30 days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the Official Map or the capital program, or any proposed revision or amendment thereto, as the case may be.
(3)
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
F.
Filing of ordinances.
(1)
The zoning, subdivision, site plan review ordinances or any revision or amendment thereto shall not take effect until a copy thereof shall be filed with the Monmouth County Planning Board.
(2)
The Official Map of the Township shall not take effect until filed with Monmouth County.
(3)
Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the Township Clerk and administrative officer.
§ 190-8 (Reserved) [1]
[1]
Editor's Note: Former § 190-8, Appeal to Township Committee; notice; modification; stay of proceedings, was repealed 7-27-2010 by Ord. No. O-10-14.
§ 190-9 Enforcement.
A.
The Township Committee shall enforce this chapter and any regulation made and adopted hereunder. To that end, the Township Committee hereby requires the issuance of certain applicable permits, certificates, or authorizations as specified herein or in other Township ordinances as a condition precedent to:
B.
The Township Code Administrator (Construction Official and Zoning Officer) and Code Administration Department are hereby expressly designated for purposes of issuing such permits, certificates and authorizations, and the issuance of such permits, certificates or authorizations is further conditioned upon the submission of such data, materials, plans, plats, and information as is authorized hereunder and upon the express approval of the appropriate state, county, or Township agencies. In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter or other regulation made under authority conferred hereby, the Township and/or through its officers and employees or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
§ 190-11 Exclusive authority of Planning Board.
[Amended 12-22-2015 by Ord. No. O-15-26]
Any power expressly authorized by this chapter to be exercised by the Planning Board shall not be exercised by any other body, except as otherwise provided in this chapter.
§ 190-12 Tolling of running of period of approval.
In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision, or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision, or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing, and able to proceed with said development, the running of the period of approval under this chapter or under any ordinance repealed by this chapter, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
§ 190-13 Conditional approvals.
A.
Compliance with regulations; process applications. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision, or other party to protect the public health and welfare, the Township agency shall process such application for development in accordance with this chapter and development regulations, and if such application for development complies with Township development regulations, the Township agency shall approve such application conditioned on removal of such legal barrier to development.
B.
Approval of governmental agency. In the event that development proposed by an application for development requires an approval by a governmental agency other than the Township agency, the Township agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Township shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Township agency is prevented or relieved from so acting by the operation of law.