ACCESSORY BUILDING, STRUCTURE OR USE 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

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

ADMINISTRATIVE OFFICE : 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 Ordinance 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 )

ADVERSE EFFECT : 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 Ordinance, and danger from fire, flooding, erosion or other menace.

ALTERATION 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

APPLICANT The "Developer" submitting an application for development

APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required by this Ordinance 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

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

ATTIC . 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 seven and one-third feet (7 1/3) above the attic floor is more than one-third (1/3) the area of the floor next below shall be considered a "story" for the purposes of this Ordinance

BASEMENT . That portion of a building partly below and partly above grade, where the ceiling averages four feet (4') or more than four feet (4') 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 (6') for more than fifty percent (50%) of the total perimeter, or is more than twelve feet (12') at any point

BEDROOM A room planned or used primarily for sleeping

BILLBOARD 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

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

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

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

BUFFER SCREENING 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

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

BUILDING HEIGHT 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 Ordinance 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

CARTWAY 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.

CELIA That portion of a building partly below and partly above grade, where the ceiling averages less than four feet (4') above the finished grade where such grade meets the outside walls of the building

CELLULAR ANTENNAS Antennae 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 Ordinance.

CERTIFICATE OF OCCUPANCY The certificate issued by the Construction Official pursuant to N.J.A.C. 5.23-2.33 and in accordance with Subsection 81-1002 F of this Ordinance permitting the use of a structure

CHILD CARE CENTER Any facility which

       a Is maintained for the care, development and supervision of six (6) or more children who attend the facility for less than twelve (12) hours a day,

       b Offers such programs as day care centers, drop-in centers, day nursery schools, play schools, cooperative child centers, centers for children with special needs, infant-toddler programs, employment related centers, and/or kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, and

       c Does not offer programs operated by a public or private day school of elementary and/or high school grade, special activity programs for children, youth camps, and/or religious classes or centers

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

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

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES . A community residential facility licensed pursuant to P L. 8197, c 448 (C 30 1 1B-1, et seq ) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (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", PL. 8171, c136(C26 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 physio-biological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED Any community residential facility licensed pursuant to P L 8177, c 448 (N J S A. 30 1 I B-1 et seq ) providing food, shelter and personal guidance, under such supervision as required, to not more than fifteen (1 5) 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

       a. 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.).

       b In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.

       c. As used in this Ordinance, developmentally disabled person means a person who is developmentally disabled as defined in Section 2 of P L 8177, c 448 (N.J.S.A. 30 1 I B-2), and mentally ill person means a person who is afflicted with a mental illness as defined in N J S A. 30 4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE . 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 fifteen (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

COMPLETE APPLICATION 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 Section 81 800 of this Ordinance.

       a In the event the application is not certified to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment unless

       1) The application lacks information indicated on the appropriate checklist contained in Section 81-800 of this Ordinance, and

       2) The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of the submission of the application.

       b The applicant may request that one (1) or more of the submission requirements be waived, in which event the municipal agency or its authorized committee or designee shall grant or deny the request within the same forty-five (45) day time period

       c. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application.

       d The Planning Board or Zoning Board of Adjustment, as the case may be, may subsequently require the correction of any information found to be in error and/or the submission of additional information not specified in this Ordinance and/or revisions to the documents accompanying the submitted application, each and all as are reasonably necessary for the Board to make an informed decision as to whether or not the requirements necessary for approval of the application have been met However, 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 Board

CONDITIONAL USE A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in Section 81-601 of this Ordinance, and upon the issuance of an authorization therefor by the Planning Board

CONSERVATION AREA 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

CONSERVATION EASEMENT 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

CONSTRUCTION OFFICIAL 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"

CONVENTIONAL DEVELOPMENT Any development other than "Planned Development"

COVERAGE, BUILDING 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 (2') beyond the foundation

COVERAGE, LOW 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

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

CUL-DE-SAC A street with a single means of ingress and egress which has a turnaround at its end

DAYS . Calendar days.

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

DEVELOPER : The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT : The division of a parcel of land into two (2) 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

DISTRICT : 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 Ordinance. The term "zone" shall have the same meaning as "district" or "zoning district" for the purposes of this Ordinance

DRAINAGE 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

       a Minimize erosion and sedimentation,

       b Assure the adequacy of existing and proposed culverts and bridges,

       c Induce water recharge into the ground where practical,

       d Lessen nonpoint pollution,

       e Maintain the integrity of stream channels for their biological functions as well as for drainage, and

       f Provide the means necessary for water supply preservation and prevention or alleviation of flooding

DRAINAGE AND UTILITY RIGHT-OF-WAY 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.

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

DWELLING UNIT - A room or series of connected rooms designed for permanent residency and containing living, cooking, sleeping and sanitary facilities for one (1) 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 Detached Single Family A building containing sleeping, sanitary and general living facilities which is physically detached from any other building or portion thereof and which is occupied or intended to be occupied for residence purposes by one (1) housekeeping unit only, including any domestic servants employed on the premises.

       b. Residential Flat A dwelling unit in accordance with the specific provisions of this Ordinance located within the one and one-half (1 1/2) stories above permitted commercial uses located on the first floor, except that no residential flat or portion thereof shall be located above a restaurant, theater, dry cleaning establishment, or any use which utilizes either a condenser or compressor

EASEMENT A right, created by deed or other legal means, to use the real property of another for one (1) 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

ENLARGEMENT 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

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

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

FAMILY DAY CARE HOME 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 (3) and no more than five (5) children at any one time for no less than fifteen (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. A child being cared for is legally related to the provider, or

       b. The child is being cared for as part of a cooperative agreement between parents for the care of their children by one (1) or more of the parents, where no payment for the care is being provided

FARM - A lot with at least five (5) 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, silvaculture operations, dairies and livestock produce.

       a. A farm may have a single-family detached dwelling situated thereon, provided that the farm must then be at least six (6) acres in size. Any single-family detached dwelling situated on a farm shall be subject to the requirements specified for detached dwellings within the "AR" Agricultural Residential zoning district, except that the minimum lot size requirements specified for the "AR" zoning district shall not apply to detached dwellings situated on farms

       b Structures incidental to a farm such as barns and packing, grading and storage buildings for produce raised on the premises, fences; buildings for the keeping of permitted poultry and livestock, and garages for the keeping and maintaining of trucks and other equipment used in farm operations are permitted when accessory to a permitted farm use

       c Any farm in the Township of Upper Freehold shall have the "Right To Farm" as specified within Section 41-400 of this Ordinance, since the Township recognizes that the industry of farming is a natural right

FIRE OFFICIAL 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"

FIRE SUBCODE 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

FLOOD PLAIN 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.

       a Flood Hazard Area Design Flood: The 100-year storm in non-delineated areas and the 100-year storm plus twenty-five percent (25%) in delineated areas.

       b Floodway: The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream without accumulatively increasing the water surface elevation more than two-tenths (0.2) feet.

       c Flood Fringe Area The portion of the flood hazard area not designated as the floodway.

       d Flood Hazard Area: The floodway and the flood fringe area of a delineated stream.

FLOOR AREA, GROSS, GFA The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two (2) 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 (6') shall not be included in the calculation of "Gross Floor Area" (G.F.A.).

FLOOR AREA, NET HABITABLE, NHFA The "Gross Floor Area"(GFA)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 fifteen percent (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.

FLOOR AREA RATIO, FAR The sum of the "Gross Floor Area" (GFA) on a site compared to the total area of the site

FRONT FACADE AREA . 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 Ordinance, the "front" of the building shall be where the main entrance is located

GARAGE, PRIVATE NON-RESIDENTIAL An accessory building to a principal non-residential 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

GARAGE, PRIVATE RESIDENTIAL 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 Section 81-602 of this Ordinance. 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 (3) vehicles

GARAGE, PUBLIC 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

GARAGE, REPAIR 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.

GOLF COURSE . A land area at least one hundred (I 00) acres in size containing a regulation sized eighteen (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

GOVERNING BODY The Township Committee of the Township of Upper Freehold

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

HISTORIC RESOURCE - 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.

HOME OCCUPATION : 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 81-602 of this Ordinance. For purposes of this Ordinance, 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 Ordinance

HOME OFFICE 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:

       a. The office area shall not occupy more than five hundred (500) square feet nor more than twelve and one-half percent (12 1/2%) of the gross floor area (G.F.A.) of the detached dwelling, whichever is less, and excluding the area of garages, basements and attics in the calculation of gross floor area,

       b. The office area shall not have direct access to the outside via a door, but shall be an existing room or area within the detached dwelling unit which is integrated within the overall floor plan of the dwelling;

       c. The office area shall not contain any kitchen or bathroom facilities which are separate from the remainder of the detached dwelling unit,

       d. The office area shall have only typical office equipment such as computers, telefax machines, telephones and copying machines,

       e. No supplies or furnishings shall be permitted other than typical office supplies and furnishings, and

       f. No evidence of the office area shall be shown to the outside of the detached dwelling unit

HOMEOWNERS ASSOCIATION 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

HOTEL AND MOTEL : A building or group of buildings consisting of individual sleeping units designed for transient travelers and not for permanent residency

HOUSEKEEPING UNIT . One (1) or more persons living together in one (1) dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a non-profit basis.

IMPERVIOUS SURFACE . 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 Ordinance

INTERESTED PARTY 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 Ordinance, 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 Ordinance 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 Ordinance.

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

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

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

       a Does not involve the union of chemicals, compounds or elements to produce a new compound or substance on-site for direct industrial sale,

       b Does not involve the union of chemicals, compounds or elements on-site for use during fabrication, reshaping, reworking, assembly, or combining of the products, parts and/or materials, except that the incidental application of chemicals or chemical products brought to the site is permitted pursuant to paragraph "c" of this definition herein below

       c May involve the incidental application of chemicals, compounds or elements of chemical products during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials, including, but not limited to, painting, gluing and cleaning;

       d Stores and contains any and all products, parts and/or materials utilized during the fabrication, reshaping, reworking, assembly or combining of the products, parts and/or materials within completely enclosed buildings, and

       e May involve the ancillary storage and warehousing of the items fabricated, reshaped, reworked, assembled or combined during the "Limited Manufacturing" activity

LOADING SPACE : 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

LOT - 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"

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

LOT, CORNER A lot abutting the intersection of two (2) or more streets, where the interior angle of intersection does not exceed one hundred thirty-five degrees (135) Each corner lot shall have two (2) front yards, one (1) side yard and one (1) rear yard, the side and rear yards to be designated at the time of application for a construction permit

LOT DEPTH - 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

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

LOT FRONTAGE 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 five hundred feet (500') the minimum required frontage shall not be less than seventy-five percent (75%) of the required minimum lot width, unless a lesser frontage is permitted by this Ordinance. 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 Ordinance for the land in question.

LOT, INTERIOR A lot other than a corner lot

LOT LINE . 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

LOT WIDTH 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

MAINTENANCE GUARANTEE In accordance with the requirements of this Ordinance, any security which may be accepted by the Township of Upper Freehold for the maintenance of any improvements required by this Ordinance 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

MAJOR SUBDIVISION/SITE PLAN REVIEW COMMITTEE A committee of up to six (6) persons, comprised of up to four (4) Planning Board members or alternates appointed by the Chairperson of the Planning Board and up to two (2) 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 The "Major Subdivision/Site Plan Review Committee" shall review "Major Subdivision" applications and "Major Site Plan" applications prior to action by the Planning Board or Zoning Board of Adjustment, as the case may be, in order to determine and inform the applicable Board whether such applications comply with the requirements relating to major subdivision plats and major site plans imposed by this Ordinance, and

       b As part of its review, the "Major Subdivision/Site Plan Review Committee" shall consider any report regarding a subject application which was received from a member of the Township's professional staff as well as any comments received from any board, committee or commission of Upper Freehold Township

MINOR SUBDIVISION/SITE PLAN REVIEW COMMITTEE A committee of up to six (6) persons, comprised of up to four (4) Planning Board members or alternates appointed by the Chairperson of the Planning Board and up to two (2) 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"

       a The "Minor Subdivision/Site Plan Review Committee" shall review "Minor Subdivision" applications and "Minor Site Plan" applications prior to action by the Planning Board or Zoning Board of Adjustment, as the case may be, in order to determine and inform the applicable Board whether such applications comply with the requirements relating to minor subdivision plats and minor site plans imposed by this Ordinance, and

       b As part of its review, the "Minor Subdivision/Site Plan Review Committee" shall consider any report regarding a subject application which was received from a member of the Township's professional staff as well as any comments received from any board, committee or commission of Upper Freehold Township

MUNICIPAL AGENCY 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)

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

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

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

OFFSITE 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

OFF-TRACT : 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.

ONSITE : Located on the lot in question.

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

OPEN SPACE : Any parcel or 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.

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

       a. Each owner is automatically a member,

       b Each occupied dwelling unit is automatically 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 organization by the Township of Upper Freehold, and,

       c Each owner and tenant has the right to use the common property

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

PARKING SPACE 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

       a Each non-handicapped space shall not be less than nine feet wide by eighteen feet in length (9' x 18')

       b Each handicapped space shall not be less than eight feet wide by eighteen feet in length (8'x 18') and shall have an adjacent pedestrian access aisle at least five feet (5') wide, provided that if a different requirement for a handicapped space has been adopted by the State, then the most current requirement shall be met; and

       c The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

PERFORMANCE GUARANTEE In accordance with the requirements of this Ordinance, 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.

PERMITTED USE - Any use of land or buildings as permitted by this Ordinance.

PLANNED DEVELOPMENT : An area to be developed as a single entity according to a plan in accordance with the applicable requirements of this Ordinance 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

PRINCIPAL BUILDING, STRUCTURE OR USE A building, structure or use which is the main or primary building, structure or use on the lot

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

RESIDENTIAL AGRICULTURE 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

RESIDENTIAL TOOL SHED . 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

RESTAURANT A: 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 Ordinance 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.

RESUBDIVISION : The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or, the alteration of 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

RIGHT TO FARM . The recognition by the Township of Upper Freehold that any inconveniences to the public caused by farming is more than compensated for by the inherent benefits derived from fanning, 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

SERVICE STATION 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

SEDIMENTATION 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

SETBACK LINE 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

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

SHOPPING CENTER 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

SIGHT TRIANGLE EASEMENT At Intersection A triangular area established in accordance with the requirements of this Ordinance in which no grading, planting or structure shall be erected or maintained more than thirty inches (30") above the street centerline except for street signs, fire hydrants and light standards

SIGN Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct of 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

SITE PLAN A development plan of one (1) 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 Ordinance

       a Minor Site Plan. Any development plan which:

       1) Is limited to the proposed construction of any permitted accessory use which is not exempted from site plan review in Subsection 81-802 B of this Ordinance

       2) Consists of an expansion of, or addition to, an existing conforming structure and/or use which is not exempted from site plan review in Subsection 81-802 B of this Ordinance and which

       a) Does not account for more than ten percent (10%) additional building coverage nor ten percent (10%) additional lot coverage;

       b) Does not exceed more than four thousand (4,000) cubic feet of enclosed and roofed area,

       c) Does not involve a planned development, and

       d) Does not entail the installation of any road improvements or the expansion of public facilities or the installation of utilities other than normal services

       b Major Site Plan- Any "Site Plan" which is not classified as a "Minor Site Plan"

STORY . 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 Ordinance

       a. The interior of a roof shall not be considered a ceiling;

       b. Cellars and basements ordinarily shall not be considered stories when considering the height of a building except, however, that a finished basement and/or cellar in non-residential buildings shall be considered a story for the purposes of the height, floor area and parking requirements of this Ordinance unless used solely for ancillary storage and/or the housing of mechanical equipment, and

       c A half-story is the area under a pitched roof at the top of a building, the floor of which is at least four feet (4% but no more than six feet (6'), below the plate.

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

       a Is an existing State, County or Upper Freehold Township roadway, or

       b Is shown on a plat heretofore approved pursuant to law, or

       c Is approved by Upper Freehold Township in accordance with the provisions of this ordinance, or

       d Is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and

       e 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 line Moreover, for the purposes of the street design and paving requirements of this Ordinance, any road, regardless of ownership, shall be considered a "Street"

STREET LINE . 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 Ordinance The "Street Line" is the dividing line between the street and a lot

STRUCTURE : A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, 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.

SUBDIVISION . The division of a lot, tract or parcel of land into two (2) 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 Ordinance 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 (5) acres or larger in size (the reader of this Ordinance 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 Ordinance,

       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 (1) 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 Minor Subdivision Any division of land for the creation of not more than three (3) lots (two [2] new lots and the remaining parcel), each fronting upon, and provided vehicular access to, an existing street either improved in accordance with NJ S A 40 55D-35 or granted relief therefrom in accordance with N.J.S.A. 40 55D-36, and which

       1) Does not involve any new street or access easement or the installation of any street improvements or the extension of Township facilities, except as may be required along the street frontage of the subject property;

       2) Does not involve any streets requiring additional right-of-way width as specified in the currently adopted Traffic Circulation Plan Element portion of the Upper Freehold Township Master and/or the street requirements of this Ordinance, unless such additional right-of-way width, either along one (1) or both sides of said street(s), as applicable, is deeded to the Township or to the appropriate governmental authority prior to classification as a "Minor Subdivision";

       3) Does not involve any required "off-tract" improvements;

       4) Does not involve a "planned development";

       5) Is not in conflict within any provisions or portions of the Township Master Plan,

       6) Is not deficient in those details and specifications required of "Minor Subdivisions" as specified in this Ordinance;

       7) Is not a further division of a tract of land existing as of January 1, 1992 for which previous subdivision(s) have been approved by the Township during the current calendar year and where the combination of the proposed and previously approved subdivision(s) constitute a "Major Subdivision", and

       8) Does not adversely affect the future development of the remainder of the parcel of land being subdivided or any adjoining property in accordance with the following

       a) If the proposed subdivision is deemed by the Planning Board or Zoning Board of Adjustment, as the case may be, to potentially adversely affect the future development of the remainder of the parcel or any adjoining property, the Board may require that the applicant submit a non-binding conceptual subdivision plat for the remainder of the parcel in accordance with sound planning principals and the applicable zoning and design standards of this Ordinance, and/or the Board may determine that the proposed subdivision should more appropriately be classified as a "Major Subdivision" because of the potential adverse affects, and

       b) In its evaluation as to whether the granting of the proposed subdivision may adversely affect the future development of the remainder of the parcel or adjoining property, the Board shall evaluate each subdivision on its individual merits and shall consider the following

       (1) The size of the remainder of the parcel;

       (2) The shape of the remainder of the parcel;

       (3) The orientation of the remainder of the parcel to adjacent lands;

       (4) The amount of linear frontage of the remainder of the parcel on existing streets,

       (5) The appropriate location(s) along the street frontage of the remainder of the parcel for vehicular access, and

       (6) The amount and locations of environmentally sensitive areas on the remainder of the parcel. Any readjustment of lot lines resulting in no new lots shall be classified as a "Minor Subdivision" for purposes of the application and review requirements specified in this Ordinance, but not for the purposes of counting the number of minor subdivisions occurring within any calendar year

       b. Major Subdivision Any division of land not classified as a "Minor Subdivision"

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

       a The term "Swimming Pool" includes hot tubs and whirlpools and other similar water-filled enclosures,

       b The term "Swimming Pool" includes all ordinary appurtenances such as buildings, structures and equipment, and

       c Any portable pool that is not permanently installed and meets all of the following criteria is not considered a "Swimming Pool" and is not subject to the provisions of this Ordinance1) Does not require water filtration, circulation and purification,

       2) Does not exceed twenty-four inches (24") in depth,

       3) Does not exceed a water surface of two hundred fifty (250) square feet, and

       4) Does not require braces or supports

TOWNSHIP The Township of Upper Freehold, Monmouth County,-New Jersey

TRACT An area of land composed of one (1) or more lots adjacent to one another, having sufficient dimensions and area to make one (1) parcel of land meeting the requirements of this Ordinance

USE 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"

VARIANCE 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 Ordinance.

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

       a Front Yard The open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent of curved street lines

       b Rear Yard The open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines

       c Side Yard The open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot The width of the side yard shall be measured horizontally and at right angles to either a straight line or the tangent lines of curved lot lines

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

ZONING MAP The map referred to in Section 81-303 of this Ordinance which shows the boundaries of the zoning districts and the areas designated for the optional development alternatives

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

ZONING PERMIT . A document signed by the Zoning Officer which

       a May be required by this Ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and

       b Acknowledges that the use, structure or building complies with the provisions of this Ordinance or with the provisions of a "Variance" as may have been granted by Planning Board or Zoning Board of Adjustment

COPING : The cap of a parapet or wall.

CORNICE : The decorative portion of a building located where the building wall meets the roof. The cornice often camouflages the gutter and supports the roof overhang.

DORMER : A roofed projection that extends from a sloping roof and contains a vertical window.

FACADE : The outer wall of the structure.

FINISH MATERIALS : Any smooth surfaced wood, painted or stained and unpainted copper, lead or brass. Other bare metal, unpainted galvanized metal, rough sawn wood, and bare pressure-treated wood are not considered finish materials.

GABLE : The triangular portion of a building wall that is formed by two slopes of a roof.

HALF-FLOUNDER : A type of building that has a roof that slopes from one side of the building to the other, as opposed to sloping to the front or back.

INTERMEDIATE FACADE : Architectural elevations of a building that meet one or more of the following criteria:

       1. Side elevation that faces an alley.

       2. The section of a side elevation of a building that is in front of the building line of adjacent; structures:

MANSARD : A steeply sloped roof that allows for more usable room in an attic story. Usually a mansard roof is used to mask the-third story of a building so that the building appears to have only two stories capped with a roof. The mansard roof may be used to make a building look taller or more impressive. Dormers are often incorporated into a mansard roof to provide light and ventilation for the attic story.

MASS : The visual displacement of space based on a building's height, width and depth comprising the three-dimensional impact of a structure.

PARAPET : The portion of walls that project above the roof and are typically found on buildings with flat, gabled, half-flounder or mansard roofs.

PUBLIC FACADE : The architectural elevations of 'a building that fronts on a public street, including sections of the: elevation that are recessed.

RATIO OF SOLID TO VOID : The percentage of openings in a wall to a solid wall. Openings include doors, windows and incised porches and vestibules.

SCALE : The perceived size of a building relative to the height and width of adjacent structures, and the perceived size of an element of a building relative to known architectural element, for example, the size of a door relative to a window.

CAFRA PLANNING MAP means the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

CAFRA CENTERS, CORES OR NODES means those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

COMPACTION means the increase in soil bulk density.

CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY means an agency designed by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

       A.county planning agency; or

       A.county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT means the New Jersey Department of Environmental Protection. "Designated Center" means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DESIGN ENGINEER means a person professionally qualified and duly licensed in New Jersey to perform, engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT means 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 structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DRAINAGE AREA means a geographic area within-which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular. point along a receiving waterbody.

ENVIRONMENTALLY CRITICAL AREAS means an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Departments' Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EMPOWERMENT NEIGHBORHOOD means a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority .pursuant to N.J:S.A. 55:19-69.

EROSION means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.

IMPACT FEE as applied to this Chapter means a fee or assessment imposed upon development, including subdivision, building construction, or other land-use change in order to help meet the maintenance needs and/or requirements occasioned by the developments in the Township of Upper Freehold that require the construction or improvement of stormwater management facilities necessary, including water treatment and distribution facilities, wastewater treatment and disposal facilities, as well as stormwater drainage and flood control facilities.

IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION is the process by which water seeps into the soil .from precipitation.

MAINTENANCE as it relates to the "maintenance" of stormwater management facilities is defined as the general upkeep of the facilities, including mowing of the area, keeping the area clean from debris; it includes the preventative and corrective maintenance to be performed to maintain the function of the stormwater management measures, including the repairs or replacement to the structure, removal of sediment, debris, and/or trash, and as defined further in the New Jersey Administrative Code. Pursuant to this ordinance, maintenance for residential stormwater management facilities shall be divided between the Township of Upper Freehold, which shall be responsible for corrective maintenance as defined herein at Section 520-10.B.6, and the respective private homeowners' associations, which shall be responsible for preventative maintenance as defined herein at Section 520=10:B:3. Maintenance for nonresidential stormwater management facilities shall be the sole responsibility of the owner of the property.

MAJOR DEVELOPMENT means any "development" that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MUNICIPALITY means the Township of Upper Freehold in Monmouth County, New Jersey.

NODE means any acre designated by the State Planning Commission concentrating facilities and activities, which are not organized in a compact form.

NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON means any individual, corporation, company, partnership, firm, association, Township of Upper Freehold, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical waste, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et, seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

SEDIMENT means solid material, mineral or organic, that is in suspension, is being transported, or. has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE means the lot or lots upon which a major development is to occur or has occurred.

SOIL means all unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)' means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.

STORMWATER MANAGEMENT BASIN means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normal dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

TIDAL FLOOD HAZARD AREA means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

WATERS OF THE STATE means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

DOMESTIC SEWAGE - waste and wastewater from humans or household operations.

ILLICIT CONNECTION - any physical or non-physical connection that discharges domestic sewage, , non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Township of Upper Freehold, unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit. Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

INDUSTRIAL WASTE - non-domestic waste, including but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. M1317(a), (b), or (c).

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - a conveyance or system of conveyances, (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Township of Upper Freehold or other public body, and is designed and used for collecting and conveying stormwater.

NJPDES PERMIT - a permit issued by the New Jersey Department` of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.

NON-CONTACT COOLING WATER - water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

PERSON any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

PROCESS WASTEWATER - any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

STORMWATER - water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

APPEAL : A request for the review of the Township Construction Official's interpretation of any provision of this section or a request for a variance from the Planning Board.

AREA OF SHALLOW FLOODING : A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and, velocity flow may be evident

AREA OF SPECIAL FLOOD HAZARD : Land in the flood plain within the Township subject to a one percent (1%) or greater chance of flooding in any given year

BASE FLOOD : The flood having a one percent (1%) chance of being equaled or exceeded in any given year

BASEMENT : The area of any building having its floor subgrade (below ground level) on all sides

BREAKAWAY WALL : A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

CHANNEL : The bed and banks of the watercourses located within the boundaries of the Township of Upper Freehold which convey the normal flow of said watercourses most of the time

DELINEATED STREAM : A stream that has a delineated floodway officially adopted by the New Jersey Department of Environmental Protection pursuant to N J A C 7 13

DESIGN FLOOD PROFILE : The elevations of the water surface of the floodway design flood and the flood hazard area design flood

DEVELOPMENT : Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, or storage of equipment or materials filling, grading, paving, excavation or drilling operations or storage of equipment or materials

ELEVATED BUILDING : A non-basement building built to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

FLOOD ELEVATION DETERMINATION : The determination of the water surface elevations of the design flood, i e , the flood level that has a one percent (1%) or greater chance of occurrence in any given year

FLOOD FRINGE AREA : The portion of the flood hazard area not designated as the floodway

FLOOD HAZARD AREA : The floodway and the flood fringe area of a delineated stream.

FLOOD HAZARD AREA DESIGN FLOOD : The one hundred (100) year storm in non-delineated areas and the one hundred (100) year storm plus twenty-five percent (25%) in delineated areas

FLOOD INSURANCE RATE MAP, FIRM : The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY : The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood

FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry areas from.

       a Inland or tidal waters, and

       b The unusual and rapid accumulation of runoff of surface water from any source

FLOOD PLAIN : The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water.

FLOOD PLAIN MANAGEMENT REGULATIONS : State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction

FLOOD PROOFING : Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents

FLOODWAY : The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream without accumulatively increasing the water surface elevation any more than two-tenths (0 2) feet

FREEBOARD : A factor of safety usually expressed in feet above the base flood elevation Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation

HISTORIC STRUCTURE : Any structure that is

       a Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

       b Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district,

       c. Individually listed on a State inventory of historic places approved by the Secretary of the Interior, or

       d Individually listed on a local inventory of historic places

       1) Approved by a State program as authorized by the Secretary of the Interior, or

       2) Directly approved by the Secretary of the Interior

LOWEST FLOOR : The lowest floor of the lowest enclosed area, including a basement. An unfinished or flood resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements.

MANUFACTURED HOME : A structure, transportable in one (1) or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities For the purposes of flood plain management, the term "Manufactured Home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days For insurance purposes, the term "Manufactured Home" does not include park trailers, travel trailers or other similar recreation vehicles

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISIONS : A parcel (or contiguous parcels) of land divided into two (2) or more manufactured homes lots for rent or sale

NEW CONSTRUCTION : Structures for which the start of construction commenced on or after the effective date of this Ordinance

RECREATION VEHICLE : A vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use

START OF CONSTRUCTION : Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement commenced within one hundred eighty (I 80) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building

STREAM : A water course having a drainage area of over fifty (50) acres

STREAM CORRIDOR : Includes the area within a floodway, flood plain, flood hazard area and buffer strips one hundred feet (100') from the top of the channel banks of the stream If the flood plain or flood hazard area extends for more than one hundred feet (100') from the top of the channel bank, said larger area shall be the stream corridor

STRUCTURE : For flood plain management purposes, a walled or roofed building, a manufactured home, including without limitation, gas or liquid storage tanks, that is principally above ground For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE : Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT : Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage" regardless of the actual repair work performed The term does not, however, include either

       a. Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions, or

       b Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places

VARIANCE : A grant of relief by the Planning Board from the requirements of this Section permitting construction in a manner otherwise prohibited by this Section because the literal enforcement would result in unnecessary hardship

CAMPER Any person who registers his party for the occupancy of a campsite or who otherwise assumes charge of, or is placed in charge of, a campsite.

CAMPGROUND - A plot of ground upon which two (2) or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for children and adults, or both, for recreation or vacation purposes

CAMPING UNIT Any tent or camping vehicle temporarily located on a campsite in a campground as temporary living quarters for children or adults, or both, for recreation or vacation purposes.

CAMPING VEHICLE Any camp trailer, travel trailer or other unit built or mounted on a vehicle or chassis, designed without permanent foundation, which is used for temporary dwelling or sleeping purposes and which, under the provisions of Title 39 of the Revised Statutes of New Jersey, may be legally driven or towed by a passenger automobile on a street

CAMPSITE Any plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper,

AFFORDABLE ACCESSORY APARTMENT shall be a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a "low" or "moderate" income household in accordance with the applicable provisions of the "Substantive Rules" of the New Jersey Council On Affordable Housing (COAH) at N.J.A.C. 5:93-1, et seq. The "Affordable Accessory Apartment" may be created within an existing dwelling unit, may be created within an existing structure on the lot or be an addition to an existing home or accessory building.