A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith, including, but not limited to, garages, carports, barns, decks, kennels, sheds, retaining walls, non-portable swimming pools, guest houses and all roofed structures. Any accessory building or structure attached to the principal building shall be considered part of the principal building.

An extension or an increase in the floor area, height or coverage of a building or structure.

The Secretary of the Planning Board or the Secretary of the Zoning Board of Adjustment, as the case may be, unless a different municipal official is designated by this chapter to administer certain of the responsibilities specified for the Administrative Officer in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

Conditions or situations created by a proposed development that impose, aggravate or lead to impractical, unsafe or unsatisfactory conditions on properties including, but not limited to, inadequate drainage facilities, unsuitable street grades, street locations that fail to compose an effective circulation system, failure to provide or make future allowance(s) for access to the interior portion of adjoining lots or for other facilities required by this chapter, and danger from fire, flooding, erosion or other menace.

As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

The "Developer" submitting an application for development.

The application form and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36 of the Municipal Land Use Law.

The Planning Board or the Zoning Board of Adjustment, as the case may be, unless a different agency is designated in this chapter pursuant to the Municipal Land Use Law.

A space between the ceiling beams of the top habitable story and the roof rafters. Attic space which has a stairway for access and egress and in which the ceiling area at a height of 7 1/3 feet above the attic floor is more than 1/3 the area of the floor next below shall be considered a "story" for the purposes of this chapter.

That portion of a building partly below and partly above grade, where the ceiling averages four feet or more than four feet above the finished grade where such grade meets the outside walls of the building. A basement shall be considered a "story" above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter, or is more than 12 feet at any point.

A room planned or used primarily for sleeping.

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes which is located on a site other than the site to which the advertising relates.

The Planning Board or the Zoning Board of Adjustment of the Township of Upper Freehold, as the case may be.

A building or part thereof, other than a building containing apartments or townhouses as permitted by this chapter, arranged or used for lodging for compensation, monetary or otherwise, with or without meals included, and not occupied as a single housekeeping unit.

A structure designed to convey motorized/non-motorized vehicles and/or pedestrians over a watercourse, railroad, street or other obstacle or depression.

A portion of undeveloped land maintained as a landscaped area and used to visually shield or obscure one abutting or nearby structure or use from another and consisting primarily of densely planted vegetation as well as possibly earthen berms, fencing and/or walls.

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

The vertical distance measured from the mean elevation of the finished grades along all sides of the foundation of the building and measured to the highest point of the building in the case of flat roofs, or measured to the mean level between the eaves and the highest point of the roof in the case of pitched roofs. In all cases where this chapter provides for height limitations by reference to a specified height and a specified number of stories, the intent is to limit height to the specified maximum footage and the specified number of stories within said footage.

The hard or paved surface portion of a street customarily used for vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs. Where there are no curbs, the cartway is the paved or graded width.

That portion of a building partly below and partly above grade, where the ceiling averages less than four feet above the finished grade where such grade meets the outside walls of the building.

Antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as "Conditional Uses" in accordance with the specific zoning conditions and standards for their location and operation included within this chapter.

The certificate issued by the Construction Official pursuant to N.J.A.C. 5:23-2.33 and in accordance with Subsection 35-1002F of this chapter permitting the use of a structure.

Any facility which:

A non-profit fraternal organization formed and operating for the primary purposes of social, educational and charitable group activities.

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

A community residential facility licensed pursuant to P.L. 8197, c.448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements and hospitals. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act", P.L. 8171, c.136 (N.J.S.A. 26:2H-1 et seq.). The term "person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.

Any community residential facility licensed pursuant to P.L. 8177, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements, and hostels.

Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:40-1-14) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

An application for development shall be complete for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the municipal agency or its authorized committee or designee in accordance with the applicable provisions specified in § 35-800 of this chapter.

A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in § 35-601 of this chapter, and upon the issuance of an authorization therefor by the Planning Board.

An area of land set aside by easement or deed restriction for the purpose of preserving open space, "critical areas", aquatic buffers and/or the natural, scenic, aesthetic or historic value of the land.

An easement for the purpose of preserving open space, aquatic buffers and/or the natural, scenic, aesthetic or historic value of land and precluding any building on the premises.

An individual designated by the Township Committee of the Township of Upper Freehold and duly licensed by the New Jersey State Department of Community Affairs to serve as the "Construction Official."

Any development other than "Planned Development."

The aggregate square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the foundation and including the area under any roof extending more than two feet beyond the foundation.

The aggregate square footage or other area measurement by which all sidewalks, driveways and parking areas, whether paved, graveled or unsurfaced, and all buildings and other structures cover a lot, as measured in a horizontal plane to the limits of the structure or improvement except fences, retaining walls, flag poles, signs and open decks with pervious coverage underneath.

Wetlands (but not wetlands transitional buffers), 100-year flood plain areas, and lands with a topographic slope 15% or greater within Upper Freehold Township.

A street with a single means of ingress and egress which has a turnaround at its end.

Calendar days.

A conveyance (or giving up) of the fee interest of property for public use.

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 alteration, relocation or enlargement of any building or other structure, or 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.

Any portion of the territory of Upper Freehold Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. The term "zone" shall have the same meaning as "district" or "zoning district" for the purposes of this chapter.

The removal of surface water or groundwater from land by drains, grading or other means and including control of runoff during and after construction or development in order to accomplish the following:

The lands required for the installation and maintenance of storm water drains and pipes, sanitary sewers, water supply pipes, drainage ditches and other utility infrastructure, or the lands required along a natural stream or watercourse in order to preserve the channel and provide for the overland flow of water to safeguard the public against flood damage.

A means of ingress and egress for vehicles to and from a property.

A room or series of connected rooms designed for permanent residency and containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. A dwelling shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or any other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

A right, created by deed or other legal means, to use the real property of another for one or more specific purposes (e.g., access, drainage, conservation, utility services, etc.) for the benefit of private persons or for the benefit of the public.

An addition to the floor area of any existing building, or an increase in the size of any existing structure, or an increase in that portion of a tract of land occupied by any existing use.

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

The word "Family" shall mean the same as "Housekeeping Unit."

Any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children at any one time for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:

A lot with at least five acres of land devoted to the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms, fruit farms, nurseries and greenhouses, silviculture operations, dairies and livestock produce:

An individual designated by the Township of Upper Freehold and certified by the Commissioner of the New Jersey State Department of Community Affairs to serve as the "Fire Official".

A qualified individual appointed by the Township of Upper Freehold to enforce the fire protection rules of the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 et seq.) which are within the jurisdiction of the Township.

A building containing an area with a hybrid of office, storage and industrial space. Flex space can include areas for building contractors of various types, pest control, electricians, mechanic shops, call centers, roofers, HVAC companies and other similar users.

The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water, including the following components:

The sum of the "Gross Floor Area" (G.F.A.) on a site compared to the total area of the site.

The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, provided that the area used for interior parking spaces, loading spaces and any area where the floor-to-ceiling height is less than six feet shall not be included in the calculation of "Gross Floor Area" (G.F.A.).

The "Gross Floor Area" (G.F.A.) minus the area of stairwells, elevator shafts, mechanical equipment rooms, utility rooms and any basement or cellar area not to be used for human habitation and not accessible to the public. Where the final floor plan of a building is not available at the time of site plan review, the "Net Habitable Floor Area" shall be defined as the "Gross Floor Area" minus 15%, provided that the proposed use of any basement and cellar areas shall be specified in writing by the applicant and included in the "Net Habitable Floor Area" number if such areas are not specifically restricted against human habitation and/or access to the public.

The square footage of the total wall surface of the front of building below the roofline, including any windows or doors. For the purposes of this chapter, the "front" of the building shall be where the main entrance is located.

A building or portion thereof, other than a private non-residential garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

An accessory building to a principal nonresidential building and use, which is used primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such non-residential building and use, and which is not available to the general public.

An accessory building for the storage of motor vehicles regularly operated by occupants of the principal building and in which no occupation, business or service for profit is carried on, other than a "Home Occupation" as permitted in accordance with § 35-602 of this chapter. Garages attached to the principal building shall have solid floors (as opposed to dirt or gravel floors) and shall be limited in capacity to three vehicles.

Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.

A land area at least 100 acres in size containing a regulation sized 18 hole par four play area, together with necessary and usual accessory uses and structures including, but not limited to, storage sheds, restaurants, pro shops, snack bars and refreshment stands.

The Township Committee of the Township of Upper Freehold.

The slope of a road, path, driveway, swale or other surface, or the average finished ground elevation adjoining a building at project completion.

Any site, building, area, structure or object important in American history or pre-history, architecture, archaeology and culture at the national, state, county, local or regional level.

A business conducted in or from a single-family detached dwelling unit and/or its permitted accessory buildings or structures, which business is clearly subordinate and ancillary to the principal single-family residential use of the property and which business meets the requirements specified for "Home Occupations" in Subsection 35-602 of this chapter. For purposes of this chapter, the term "Home Occupation" shall include "Family Day Care Homes" and "Child Care Residences" but shall not include "Home Offices", each as defined in this chapter.

The use of a portion of a single-family detached dwelling as an office area for use only by members of the household residing on the premises and subject to the following:

An organization operating in a development under recorded agreements through which each lot owner shall be a member and each dwelling unit is subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Township in accordance with N.J.S.A. 40:55D-43.

A building or group of buildings consisting of individual sleeping units designed for transient travellers and not for permanent residency.

One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.

As applied to all surfaces, that portion of the premises covered by buildings, principal and accessory, and improvements, such as driveways, parking lots, pools, tennis courts, patios, porches and walkways. All surfaced parking areas and driveways, all required parking areas which are permitted to remain unsurfaced, and all gravel driveways and gravel parking lots shall be considered an "impervious surface" for the purposes of this chapter.

Facilities designed and equipped with indoor athletic equipment and/or leisure time activities contained entirely within the confines of a building, and open to the public for a fee. Indoor Recreational Facilities may include, but are not limited to, health clubs, aerobic exercise facilities, gymnasiums, golf instruction, batting cages, indoor tennis, areas for certain field activities such as soccer, baseball, lacrosse, ice/roller/field hockey, swimming, diving, water-based sports and similar activities. These facilities may also include a waiting area with seats, locker room facilities, pro shops/apparel sales and concessions. Movie theaters shall not be considered indoor recreational facilities.

In a criminal or quasi-criminal proceeding any citizen of the State of New Jersey or, in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under the provisions of this chapter, or whose rights to use, acquire, or enjoy property under the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or under the provisions of this chapter or under any other law of this State or of the United States have been denied, violated or infringed upon by an action or a failure to act under the provisions of the Municipal Land Use Law and/or this chapter.

Includes improvements and fixtures on, above or below the surface.

Any activity involving the clearing, cutting, excavating, or grading of land or any other activity which alters land topography and/or vegetative cover.

Any activity involving the fabrication, reshaping, reworking, assembly or combining of products, parts and/or materials which:

An off-street parking space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. The word "lot" includes the words "plot" and "premises".

The area contained within the lot lines of a lot and not including any portion of a street right-of-way.

The perpendicular distance between the street line or front lot line and a line drawn parallel thereto through the midpoint of the rear lot line.

The continuous horizontal distance between the side lot lines measured along the street line. The minimum required lot frontage shall be the same as the minimum required lot width, except that where the lot frontage in its entirety is a curve with an outside radius of less than 500 feet, the minimum required frontage shall not be less than 75% of the required minimum lot width, unless a lesser frontage is permitted by this chapter. In the case of a corner lot, either street line may be considered the lot frontage, provided that it equals or exceeds the minimum frontage requirements of this chapter for the land in question.

Any line forming a portion of the exterior boundary of a lot which is the same line as the street line for that portion of a lot abutting a street.

The straight line horizontal distance between side lot lines at setback points on each side lot line measured from the street line at the minimum required building setback line.

A lot abutting the intersection of two or more streets, where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard, the side and rear yards to be designated at the time of application for a construction permit.

A lot other than a corner lot.

In accordance with the requirements of this chapter, any security which may be accepted by the Township of Upper Freehold for the maintenance of any improvements required by this chapter including, but not limited to, surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55 D-53.5, and cash.

A committee of up to six persons, comprised of up to four Planning Board members or alternates appointed by the Chairperson of the Planning Board and up to two Zoning Board of Adjustment members or alternates appointed by the Chairperson of the Zoning Board of Adjustment. The Chairperson of the Planning Board also may appoint additional persons to serve as advisors to the "Major Subdivision/Site Plan Review Committee".

A committee of up to six persons, comprised of up to four Planning Board members or alternates appointed by the Chairperson of the Planning Board and up to two Zoning Board of Adjustment members or alternates appointed by the Chairperson of the Zoning Board of Adjustment. The Chairperson of the Planning Board also may appoint additional persons to serve as advisors to the "Minor Subdivision/Site Plan Review Committee".

The Upper Freehold Township Planning Board, the Upper Freehold Township Zoning Board of Adjustment or the Upper Freehold Township Committee when acting pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

A building or structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

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 on a contiguous portion of the street or right-of-way.

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

Located on the lot in question.

Any parcel or land area or water, essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets, off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

An incorporated, non-profit organization, oftentimes called a "Homeowners' Association", which operates under a recorded land agreement and provides that:

An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

Any area for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, either within a structure or in the open, in accordance with the following:

In accordance with the requirements of this chapter, any security which may be accepted by the Township of Upper Freehold in lieu of a requirement that certain improvements be completed prior to final approval of a development application including, but not limited to, surety bonds, letters of credit under the circumstances specified in the Municipal Land Use Law at N.J.S.A. 40:55D-53.5, and cash.

Any use of land or buildings as permitted by this chapter.

An area to be developed as a single entity according to a plan in accordance with the applicable requirements of this chapter and which includes common or public open space area as an appurtenance; i.e., a development in which the permitted buildings are grouped closer to each other than would otherwise be permitted, and in which the open space so saved remains an integral element of the development.

A building, structure or use which is the main or primary building, structure or use on the lot.

The use of land or buildings by the Township of Upper Freehold or any officially created authority or agency thereof.

The growing and harvesting of plant life and the keeping of non-household animals for the enjoyment of the residents on the property and not for commercial purposes.

A building, accessory to a detached dwelling unit, which is utilized for the storage of tools, lawn and garden equipment and furniture and similar items of personal property owned by the occupants of the detached dwelling unit.

Any establishment, however designated, at which food is sold primarily for consumption on the premises and within a building, providing that a drive-through window shall be considered as an accessory use to the restaurant requiring conditional use approval by the Township where permitted and in accordance with the applicable provisions of this chapter. However, a snack bar or refreshment stand at a public swimming pool, golf course, playground, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of the patrons of the facility, shall not be deemed a restaurant.

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 streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but not including conveyances so as to combine existing lots by deed or other instrument.

The recognition by the Township of Upper Freehold that any inconveniences to the public caused by farming are more than compensated for by the inherent benefits derived from farming, including benefits to the public at large by providing wholesome and fresh foods and other farm products, benefits to the community by providing a source of income and employment, and benefits to future generations by preserving open space and encouraging the continuance of the farm industry.

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.

Lands and buildings providing for the sale of automotive fuel, lubricants, and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable, wrecked or unregistered vehicles shall be permitted. Additionally, no car wash operation, car or truck rental or other activity not specifically a part of the service station use shall be permitted.

A line drawn parallel with a street line or proposed street line or lot line and drawn through the point of a building nearest to the street line or proposed street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or proposed street line or lot line and beyond which a building or part of a building is not permitted to extend toward the street line or proposed street line or lot line.

A group of commercial establishments which are planned, constructed and managed as a total entity in accordance with a common architectural theme and which are provided on-site customer and employee parking and the location for the delivery of goods separated from customer access.

A triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line except for street signs, fire hydrants and light standards.

Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

A development plan of one or more lots which shows:

1) The existing and proposed conditions of the lot including, but not necessarily limited to, topography, vegetation, drainage, flood plains, marshes and waterways;

2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and

3) Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this chapter.

Cellular towers where the structural component or construction of the tower is camouflaged. Silo, artificial tree, towers hidden in building structures, etc., are examples. Lattice or exposed structural steel towers are prohibited.

That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it or, if there is no floor above it, then the surface between the floor and the ceiling next above it. For the purpose of this chapter:

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which:

The edge of the existing or future street right-of-way, whichever may result in the widest right-of-way in accordance with the currently adopted Traffic Circulation Element portion of the Upper Freehold Township Master Plan and the applicable design requirements of this chapter. The "Street Line" is the dividing line between the street and a lot.

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, including such things as buildings, fences, retaining walls, poles, signs, towers, tanks, decks, paved or concrete driveways, parking lots and patios, swimming pools and tennis courts, but specifically excluding individual on-site wastewater treatment and disposal systems.

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 term "subdivision" also shall include the term "resubdivision." However, the following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:

1) Divisions of land found by the Planning Board to be for agricultural purposes when all resulting parcels are five acres or larger in size (the reader of this chapter should note that such a division of land for "agricultural purposes" does not unto itself qualify the parcel for "farmland assessment");

2) Divisions of property by testamentary or intestate provisions, provided the division is in conformity with the applicable requirements of this chapter;

3) Divisions of property upon court order including, but not limited to, judgments of foreclosure;

4) Consolidation of existing lots by deed or other recorded instrument; and

5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to all requirements of the Township of Upper Freehold land development regulations and which are shown and designated as separate lots, tracts or parcels on the Tax Maps of the Township of Upper Freehold.

A water-filled enclosure, above and/or below the ground, having a depth of more than 24 inches and designed, used and maintained for swimming and bathing.

The Township of Upper Freehold, Monmouth County, New Jersey.

An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter.

The purpose or activity for which land or structures are arranged or designed, or the purpose or activity for which either land or structures are, or may be, used, occupied or maintained. The term "permitted use" does not include the term "Nonconforming Use".

Permission granted to an applicant for development by the Planning Board or the Zoning Board of Adjustment, as the case may be, to depart from the literal requirements of the zoning provisions of this chapter.

An open space that lies between the principal or accessory building or buildings and the nearest lot line.

The map referred to in § 35-303 of this chapter which shows the boundaries of the zoning districts and the areas designated for the optional development alternatives.

The person or persons designated by the Upper Freehold Township Committee to administer and enforce the zoning provisions of this chapter and issue "Zoning Permits."

A document signed by the Zoning Officer which: