ACCESSORY APARTMENT - A self-contained residential dwelling unit resulting from the conversion of an existing single-family detached dwelling into two dwelling units or from conversion of another existing structure on a residential property. An accessory unit shall have complete kitchen and bath facilities, direct access to the outdoors, or to a hall from which there is direct access to the outdoors, and be physically subordinate to the primary unit that exists on that property. No more than one accessory apartment is permitted on a single lot. [Amended 12-4-1997 by Ord. No. 97-44A; 9-3-1998 by Ord. No. 98-44C]

ACCESSORY BUILDING, STRUCTURE OR USE - A subordinate building, structure or use on the same lot with a principal building, structure or use or a portion of the principal building or structure occupied, used or devoted exclusively to an accessory use, customarily incidental to the permitted use of the principal building or structure. An accessory building will be considered part of the principal building when it is attached by common exterior walls and/or roof structure of both the principal and accessory building. The length of the common and attaching exterior walls and/or roof structure shall not exceed the length of the side of the existing principal building to which the common element(s) is attached. [Amended 9-3-1998 by Ord. No. 98-44C; 8-21-2003 by Ord. No. 2003-06]

ADMINISTRATIVE ASSISTANT - For the purpose of making a determination of incompleteness of an application for development, the Board Clerk, Board Engineer or Board Attorney.

AFFORDABLE HOUSING - Housing affordable by low- and moderate-income households as defined by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., provision for which is made by Chapter 176, Fair Housing, of the Code of Franklin Township.

AGRICULTURE - Same as "farm."

AIRPORT HAZARD AREA - An area delineated by the New Jersey Department of Transportation, Division of Aeronautics, based upon the standards promulgated in N.J.A.C. 16:62-3.

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, zoning variance or direction for the issuance of a permit.

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

BUILDING COVERAGE - The area of a lot which is occupied by a building or structure, not including uncovered sidewalks, steps, patios, parking areas or driveways.

BUILDING ENVELOPE - The property area exclusive of front yard, side yard and rear yard setbacks.

BUILDING HEIGHT - The vertical distance measured from the average ground elevation of the preconstruction grade at the front of the building to the level of the highest point of the roof surface if the roof is flat or, in the case of sloping roofs, to a point 1/2 the distance between the top of the uppermost plate and the highest point of the roof. See exceptions in § 220-35.

BUILDING, PRINCIPAL - A structure in which is conducted the principal permitted use of the site on which it is situated. [Amended 9-3-1998 by Ord. No. 98-44C]

CENTER LINE OF STREET OR ROAD - A line midway between and parallel to the two street or road property lines, unless otherwise established by filed map, deed or similar legal record.

CHANGE OF USE - Includes changes in use as defined by a change in SIC code, expansion of intensity of use above a previously approved level, and changes in ownership or tenancy under the same SIC code of use that change items required for compliance within this section

CHANNEL - The bed and banks of a watercourse which convey the normal flow of the stream.

COMMERCIAL VEHICLE - Any motor vehicle and/or trailer, other than a passenger car, having more than two axles and/or six wheels and/or exceeding a gross vehicle weight of 10,000 pounds. The term commercial vehicle shall also include any vehicle which bears commercial license plates or which displays advertising of a commercial enterprise thereon.

COMPLETE APPLICATION - An application form as specified by the Code of Franklin Township consistent with the rules and regulations of- the approving municipal agency and all accompanying documents required by ordinance for a determination of completeness of an application for development, including, where applicable, but not limited to a site plan or subdivision plat. The approving municipal agency may nevertheless require such additional information not specified by ordinance and may require any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the approving municipal agency. An application may only be certified as complete by the reviewing agency and may be deemed incomplete by the reviewing agency or by any administrative assistant. The determination of incompleteness shall be communicated to the applicant in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. A determination of completeness by the municipal agency shall mark the commencement of the time period for action by the municipal agency.

CONSTRUCTION CODE OFFICIAL - The Construction Official of the Township of Franklin.

DEVELOPMENT REVIEW CHECKLIST - The checklist adopted by ordinance to determine the completeness of any application for development.

DWELLING UNIT - Any permanent building or portion thereof designed or used exclusively as a residence or sleeping place for one or more persons. Hotels, motels, dormitories, fraternity or sorority houses, rooming and/or boarding houses and other similar group quarters and institutional living space shall not constitute a dwelling.

ENVIRONMENTAL COMMISSION - The Township advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A 40:56A-1 et seq.)

FAIR HOUSING PROGRAM - The procedures and provisions to provide technical and/or financial assistance for affordable housing within the Township.

FAMILY - A person or any number of persons united by blood, marriage or legal adoption living together in a dwelling as a single housekeeping unit or a group of not more then five persons not necessarily related by blood, marriage or legal adoption living together as a single housekeeping unit.

FAMILY DAY-CARE HOME - A private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:513-16 et seq.).

FARM - A parcel of land comprised of five or more acres, exclusive of any acreage used for a dwelling, devoted to the production either for sale or for consumption by the owner of plants and animals generally accepted as useful to man, including but not limited to forages and crops, grains and feed crops, dairy animals and dairy products, poultry and poultry products, livestock, including beef, cattle, sheep, horses, ponies, mules, dairy cattle and goats, including the breeding and grazing of any and all such animals, bees and apiary products, fur-bearing animals, trees and forest products, including the processing and sale of 'these products on the property where produced. Land shall be deemed a farm when devoted to the production for sale of fruits of all kinds, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products, including the processing and sale of these products on the property where produced.

FARM STRUCTURES - Any and all farm structures, for example, barns, silos, food storage structures, greenhouses, processing structures, machinery or utility storage structures, watering and livestock buildings and roadside stands.

FINAL APPROVAL - The official action taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FLOOD HAZARD AREA - The floodway and/or the floodplain.

GOLF COURSE/CLUBHOUSE - A tract of land improved with at least 18 holes for playing the game of golf, and improved with tees, greens, fairways, and hazards, practice facilities, and a clubhouse (which may include a dining room, a bar, a pro shop, kitchen, locker rooms and administrative offices) and customary accessory buildings and structures for storage of golf carts and for the maintenance and operation of the facility. [Added 8-4-2000 by Ord. No. 2000-05]

HOME OCCUPATION -

       A. Any use conducted entirely within a dwelling or in an accessory structure, which use is clearly incidental and secondary to the residential use of the dwelling and does not change the character thereof, and in connection with which:

       (1) There is no sign except an unlighted sign not greater than four square feet in face area.

       (2) The home occupation is conducted wholly by the residents thereof or by the residents and not more than two nonresident employees.

       (3) The home occupation does not cause objectionable noise, fumes, odor, dust, electrical interference or hazardous waste.

       (4) The Zoning Officer has issued a zoning permit pursuant to this chapter.

       B. Incidental sale of agricultural products from a temporary structure located on a farm is a permitted accessory use and is not a home occupation. [Amended 9-3-1998 by Ord. No. 98-44C]

HOTEL, MOTOR HOTEL OR MOTEL - A building designed for occupancy as a temporary residence of one or more persons who are lodged with or without meals.

HOUSE OF WORSHIP - A building principally devoted to the exercise of religion by bona fide members of a religious corporation or association organized and in good standing pursuant to N.J.S.A. 16:1-1 et seq. and which also qualified pursuant to the Internal Revenue Code of the United States for tax-exempt status. Proof of such lawful organization, good standing and tax-exempt status must be submitted at the time of application. [Amended 9-3-1998 by Ord. No. 98-44C]

HOUSING ADMINISTRATOR - A person hired by the Township to perform the duties described in Chapter 176 (Fair Housing) of the Code of Franklin Township.

IMPERVIOUS SURFACE - Buildings, parking areas, driveways, roads, sidewalks, asphalt, concrete, packed stone and any other materials whose surfaces do not absorb rain. [Amended 9-3-1998 by Ord. No. 98-44C]

LOT - A designated parcel, track or area of land established by a plan or otherwise as permitted by law and to be used, developed or built upon as a unit. [Amended 9-3-1998 by Ord. No. 98-44C]

LOT COVERAGE - The area of a lot covered by impervious surfaces expressed as a percentage of total lot area. [Amended 9-3-1998 by Ord. No. 98-44C]

LOT WIDTH - The distance between the sidelines of a lot measured parallel to the street right-of-way at the minimum front yard setback line.

MAINTENANCE GUARANTY - Any security, other than cash, which may be accepted by the Township for the maintenance of any improvements required in connection with a development approval.

MAJOR SITE PLAN - Any site plan not classified as a minor site plan. [Added 10-5-2000 by Ord. No. 2000-10]

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.

MINOR SITE PLAN - A development plan which meets the permitted use or conditional use standards of the zone in which it is located and: [Added 10-5-2000 by Ord. No. 2000-10]

       A. Proposes:

       (1) Construction of not more than 5,000 square feet of building or building addition plus associated parking; or

       (2) Construction of not more than 30 parking spaces to serve an existing structure; and

       B. Does not involve planned development, a new street or extension of any off-tract improvement or contribution therefor.

MINOR SUBDIVISION -

       A. A subdivision of land that does not involve:

       (1) The creation of more than three lots, including the remainder lot;

       (2) A planned development as defined by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.);

       (3) A new street; or

       (4) The extension of any off-tract improvement, the cost of .which is to be prorated pursuant to § 310-76, Off-tract improvements.

       B. If the lot to be subdivided has been a portion of property previously subdivided, subdivision of the lot shall not be classified as minor if the proposed subdivision would result in creation of more than three lots, i.e., two new lots and the remainder lot, within any five-year period.

REQUIRED IMPROVABLE AREA - A contiguous, unfragmented area of a lot within the building envelope which does not contain existing or proposed street rights-of-way, wetlands and their associated transition areas as determined and/or verified by the New Jersey Department of Environmental Protection, floodplains, critical slopes, aboveground stormwater detention and/or retention facilities, existing easements which preclude structures, and areas of zero to one foot seasonal high-water table, based upon the Hunterdon County soil survey. The contiguous, unfragmented area shall have a minimum width dimension of 150 feet. The required improvable area shall be accessible to frontage on a street. [Added-8-5-2004 by Ord. No. 2004-10]

RESTAURANT - An establishment designed to serve food and beverages on the premises for consumption within the restaurant. It is not an establishment designed for or used for the supply of food and beverages for immediate consumption outside the building in which the restaurant is located, is not an establishment for the service of food and beverages to persons who can purchase the same without physically entering the main structure of the establishment and is not for the sale of prepared or rapidly prepared food in or on disposable plates or cups or other non-dish/china materials in a ready-to-consume state for consumption either within the restaurant building or off premises. [Added 3-1-2001 by Ord. No. 2001-01]

SIGN - Any device for vision communication that is used for the purpose of bringing the subject thereof to the attention of the public.

SIGN. AREA OF - The area of the largest horizontal width and vertical height of the display and background. For signs with two display faces, the maximum area shall be permitted on each face area.

SLOPE - The rate of ascent or descent from a level stated as a percentage of horizontal distance. See § 310-59, Preliminary plat details.

SLOPE, CRITICAL - Slopes having a gradient 25% or greater. [Added 8-5-2004 by Ord. No. 2004-10] .

SLOPE, STEEP - Slopes having a gradient of between 15% but less than 25%. [Added 8-5-2004 by Ord. No. 2004-10]

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. (N.J.S.A. 40:55D-7) [Added 10-17-2002 by Ord. No. 2002-11]

       A. Examples of structures include but are not limited to:

       (1) Principal building.

       (2) Septic systems.

       (3) Fences of greater than 50% opacity. See exception in § 220-42D.

       (4) Detention and related stormwater devices/appurtenances.

       (5) Mail boxes approved by the US postal authority are exempt as they are owned by the postal authority.

       (6) Wells.

       (7) Walls less than three feet. See exception in § 220-13E.

       B. Examples of structures where exemptions apply for placement in a setback:

       (1) Driveways. See exception in § 166-4.

       (2) Driveway pillar less than eight feet high by two feet by two feet in width and depth. [Amended 10-31-2006 by Ord. No. 2006-12]

       (3) School shelters, which shall mean structures to provide protection from inclement weather. [Amended 10-31-2006 by Ord. No. 2006-12]

TWO-DWELLING-UNIT CONVERSIONS - See § 220-23, Two-dwelling-unit conversions.

YARD, FRONT - An open space extending the full width of the lot, measured from and at right angles to the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified herein. Where a lot has frontage on more than one street, public or private, each yard adjacent to a street is a front yard. [Amended 9-3-1998 by Ord. No. 98-44C]

YARD, REAR - An open space extending across the full width of the lot measured from and at right angles to the rear lot line, unoccupied and unobstructed from the ground upward, except as may be specified herein. [Amended 9-3-1998 by Ord. No. 98-44C]

YARD, SIDE - An open, unoccupied space measured from and at right angles to the side lot line of the lot and extending from the minimum front yard to the minimum rear yard.

ACCESSORY STRUCTURES - Any structures other than the school or house of worship located on the same lot, which structure shall be limited to one single-family dwelling unit and one detached passenger vehicle garage of not more than three bays.

DAY CARE - The provision of services to persons, regardless of age, on a not-for-profit basis for purposes other than religious educations and other than in conjunction with primary or secondary education, as defined m N.J.S.A-18A:1-1 et-seq. Day-care services may only be provided on Monday through Friday, between the hours of 7:30 a.m. and 5:00 p.m. All day care must be licensed by the State of New Jersey.

HOUSE OF WORSHIP - A structure principally devoted to the exercise of religion by bona fide members of a corporation or religious association organized and in good standing pursuant to N.J.S.A. 16:1-1 et seq. and which also qualifies pursuant to the Internal Revenue Code of the United States for tax-exempt status. Proof of such lawful organization, good standing and tax-exempt status must be submitted at the time of application.

PRIMARY AND SECONDARY EDUCATION - The provision of services to school-age children, whether on a profit or not-for-profit basis, in accordance with N.J.S.A. 18A:1-1 et seq.

RELIGIOUS EDUCATION - The instruction of the religious creed to members of a religious corporation or association conducted by members of the congregation solely for the benefit of congregation members. Such education shall not be deemed to be the provisions of day-care services of primary or secondary education when provided to persons who are members of the congregation.

SCHOOLS - A structure principally devoted to primary and secondary education as defined hereinabove.

ECHO HOUSING (ELDER COTTAGE HOUSING OPPORTUNITY) - A small second house with bathroom, kitchen, living and sleeping facilities that is restricted in size to accommodate one or two persons that are relatives of the owner/occupant of the primary dwelling on the lot. The occupants of the ECHO housing unit shall be either senior citizens (55 years of age or older) or disabled persons.

FRESHWATER WETLANDS . Freshwater wetlands includes compensation area within an approved transition area (buffer) plan by NJDEP or required transition area in accordance with freshwater wetlands classifications if no approved buffer-averaging plan has been approved at the time of site plan or subdivision submission.

FLOODPLAIN . The description and reference sources for floodplains shall be that contained in Article IV, § 220-14 et seq., of this Chapter 220.

FOREST OR WOODLANDS . Forest or woodlands shall consist of a biological community dominated by trees and other woody plants covering an unfragmented land area of two acres or more with a density of one tree per 400 square feet or less or a combined fragmented forested area of five acres or more with a density of one tree per 400 square feet in each fragmented area. Orchards and tree nursery operations are excluded.

STREAM CORRIDOR . Stream corridor shall consist of the stream channel and all land on either side of the stream channel which is within the one-hundred-year floodplain as delineated by the Federal Emergency Management Agency (FEMA) or the New Jersey Department of Environmental Protection (NJDEP) or is a sloping area of 15% or greater contiguous to the stream channel, one-hundred-year floodplain or state open water. "Stream channels" shall mean permanent or intermittent watercourses shown on USGS quadrangle maps, the Hunterdon County Soil Survey or such other authoritative source as the approving authority may deem appropriate. Any water body classified as a C-1 category stream shall provide the requisite three-hundred-foot buffer (greater than 10,000 square feet).

OPEN WATER . Open water shall include a pond or lake area with a mean depth of four feet and a surface area greater than one acre, including any such areas created for stormwater retention or detention purposes.

SHALLOW DEPTH TO BEDROCK shall include all areas composed of soils having 3 1/2 .of depth to bedrock or less, as indicated in the Soil Survey of Hunterdon County (greater than 10,000 square feet).

SOIL CLASSIFICATION . Soils classifications in accordance with Map III-6 entitled "Soils with Septic Limitations" as contained in the Township of Franklin Master Plan, 1995 (greater than 10,000 square feet).

SOIL - The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a neutral medium for the growth of land plants.

TOPSOIL - The presumed fertile soil material, or one that responds to fertilization, ordinarily rich in organic matter (about five to eight inches in thickness).

ANTENNA - Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

APPROVING AUTHORITY - The Land Use Board in accordance with applicable Township Code provisions and applicable state and federal law.

BACKHAUL NETWORK - The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

FAA - The Federal Aviation Administration.

FCC - The Federal Communications Commission.

GUYED - A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.

HEIGHT - When referring to a tower or other antenna structure, the distance measured from the lowest finished grade of the base of the tower or other antenna structure to the highest point on the tower or other antenna structure (excluding a lightening rod), including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS - Any tower or antenna for which a construction permit or other permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. [Amended 8-11-2005 by Ord. No. 2005-17]

STEALTH DESIGN - The use of man-made trees, clock towers, bell steeples, light poles and other similar alternative-design mounting structures to camouflage and/or conceal the presence of antennas or towers.

TOWER - Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. Guyed towers are not permitted within the Township. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term also includes the structure and any support thereto.

AS-BUILT SOIL DISTURBANCE AND GRADING PLAN shall mean a plan in accordance with the broad principles contained within this section which shows the constructed location and elevation of the structure, driveway and grade.

CUT shall mean the portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface.

DIVERSION shall mean a channel with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.

EMBANKMENT shall mean a man-made deposit of soil, rock or other material.

EROSION shall mean the wearing away of the land surface by the action of wind, water or gravity.

EXCAVATION . See "cut."

EXISTING GRADE shall mean the vertical location (i.e. elevation) of the existing ground surface prior to cutting or filling.

FILL . See "embankment."

FILL SOURCING PLAN shall show the proposed sourcing of all imported material to the site and the procedures and inspections proposed to insure that the material used is free of contamination. It shall also include a delivery route and assessment of bridge impact and capacity and clean-up process.

FINISHED GRADE shall mean the final elevation of the ground surface conforming to the proposed design.

FOUNDATION PLAN/LOCATION SURVEY shall mean a plan developed in accordance with the broad principles contained within this section which is to be submitted to the Township Code Enforcement Officer once the foundation is complete and prior to proceeding with the framing of the structure. The plan will be forwarded to the Township Engineer and Zoning officer for review and approval.

GRADING shall mean any stripping, cutting, filling, stockpiling or any combination thereof.

GRADING PERMIT shall mean a permit issued to authorize work to be performed under this section as shown on the approved Soil Disturbance and Grading Plan or Storm Water Management and Grading Plan.

GRASSED WATERWAY shall mean a natural or constructed path, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.

INDIVIDUAL STORMWATER MANAGEMENT shall mean one or more system(s) designed to contain the surface water associated with the impervious coverage during a 25-year storm. Development involving the construction of an additional 300 square feet of impervious coverage or less to an existing structure is exempt from providing Individual Stormwater Management.

MULCHING shall mean the application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.

NATURAL GROUND SURFACE shall mean the ground surface in its original state before any grading, excavation or filling.

PERMANENT FINAL PLANT COVER shall mean final grade in compliance with approved plan with established vegetative cover over 95% of the disturbed area.

SEDIMENT shall mean solid material, both mineral and organic, being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.

SLOPE shall mean the degree of deviation of a surface from the horizontal plane, usually expressed in percent or degree.

SOIL shall mean all unconsolidated mineral and organic material of whatever origin that overlies bedrock and which can be readily excavated.

SOIL DISTURBANCE AND GRADING PLAN shall mean a plan developed in accordance with the broad principles contained in this section and based on the specific standards and specifications of the Standards for Soil Erosion and Sediment Control in New Jersey, as promulgated by the State Soil Conservation Committee. Individual Stormwater Management must be provided if the surface water runoff associated with the impervious coverage is not accounted for in the overall subdivision and/or site plan approval. The Soil Disturbance and Grading Plan or Storm Water Management and Grading Site Plan must comply with all applicable conditions of any prior subdivision, site plan or variance approval.

STABILIZATION PLAN shall mean a plan prepared by a qualified geotechnical engineer which demonstrates that any fill will be safe from movement and or stabilization structures to make it safe, and includes an inspection program for fill stabilization and compaction.

STORM WATER MANAGEMENT PLAN shall mean a plan which is developed in accordance of the DEP storm water management standards, and shall also include all information required for a Soil Disturbance and Grading Plan.

STORM WATER MANAGEMENT SYSTEMS MAINTENANCE PLAN shall mean a plan which covers both site wide and individual storm water facilities. It shall identify all required maintenance and responsibility for any and all storm water management facilities on the site. It shall also identify remedial responsibility if proper maintenance is not followed or for any system failure.

STRIPPING shall mean any activity, which removes or disturbs the vegetative surface cover, including clearing and grubbing operations.

TEMPORARY PROTECTION shall be in accordance with standards for Soil Erosion and Sediment Control in New Jersey:

TOPSOIL shall mean native material stripped from the site (minimum organic content of not less than 2.75 percent by weight) containing no stones, lumps, roots or similar objects larger that 2 inches in any dimension and not less that a 5.8 pH value.

TOWNSHIP CODE ENFORCEMENT OFFICER shall be the Zoning Officer

UNDERGROUND RECHARGE SYSTEM(S) shall consist of infiltration tanks and clean stone, not recharge trenches. The bottom of the tanks shall be a minimum of three feet above the seasonal groundwater table or bedrock. The underground recharge system must be a minimum of 20 feet from any building foundation and 100 feet from any septic system. The surrounding soils must have a soil infiltration rate of 0.5 inches per hour or greater. An overflow system shall be provided that connects to the nearest surface drainage facility of adequate hydraulic capacity or discharges away from all structures and septic systems.

VEGETATIVE PROTECTION shall mean stabilization of erosive or sediment-producing areas by covering the soil with:

       (a) Permanent seeding, producing long-term vegetative cover;

       (b) Short-term seeding, producing temporary vegetative cover; or

       (c) Sodding, producing areas covered with a turf of perennial sod-forming grass.

WATERCOURSE shall mean any natural or artificial waterway, stream, river, creek, ditch, channel, canal, conduit, culvert, drain waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.

AGRICULTURE OR HORTICULTURE OR AGRICULTURAL OR HORTICULTURAL USE means the use of the land for common farmsite activities including but not limited to production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation; drainage, and water management, and grazing.

AGRICULTURAL OR HORTICULTURAL DEVELOPMENT means construction for the purposes of supporting common farmsite activities, including but not limited to: the production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.

BMP means Best Management Practices as contained in the NJ Stormwater Best Management Practices Manual dated April 2004 and as updated, available from www.nistormwater.com.

CATEGORY 1 (C L) WATERS means Waters of the State, including unnamed waterways that appear on Soil Survey and USGS Topographic Quadrangle within the same HUC 14 watershed, designated in NJAC 7:9B-1.15 (c) through (h) for purposes of implementing the anti-degradation policies set forth at NJAC 7:9B-1.5(d) for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources(s).

COMPACTION means the increase in soil bulk density caused by subjecting soil to greater-than normal loading. Compaction can also decrease soil infiltration and permeability rates.

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 the Hunterdon County Planning Board, as designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s).

DEPARTMENT means the New Jersey Department of Environmental Protection.

DESIGNATED CENTER means a State Development and Redevelopment Plan Center, such as urban, regional, town, village, or hamlet, as designated by the State Planning Commission.

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.

DISTURBANCE means any activity including the clearing, excavating, storing, grading, filling or transportation of soil or any other activity that causes soil to be exposed to the danger of erosion.

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 AREA 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; well head protection areas; and groundwater recharge areas. Habitats of endangered or threatened species are those identified by the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program, or by the Department pursuant to the Highlands Act at NJSA 13:20-32k and 13:20-34a(4).

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

GROUNDWATER means a body of water below the surface of the land in a zone of saturation where the spaces between the soil or geological materials are fully saturated with water.

HIGHLANDS ACT means the Highlands Water Protection and Planning Act, P.L. 2004, c.120, codified at N.J.S.A. 13:20-1 et. seq. as amended.

HUC-14 means a watershed as defined by the United States Geological Survey, with a 14-digit identifier; a subwatershed.

IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water relative to natural conditions in the area.

INFILTRATION is the process by which water from precipitation seeps into the soil to a level below the normal root soil of plant species.

KARST TERRAIN means an area where karst topography, with its characteristic surface and subterranean features, is-developed as a result of the dissolution of limestone, dolomite, or, other soluble rock. Characteristic physiographic features present in karst terrains include but are not limited to sinkholes, sinking streams, caves, blind valleys, large springs and subterranean drainage. See also limestone area.

LIMESTONE AREA means an area of Hunterdon County underlain by carbonate sedimentary rock consisting chiefly of calcium carbonate. Limestone is commonly used as a general term for the class of rocks that consist of at least 80 percent calcium or magnesium carbonate. See also karst terrain.

LOW IMPACT DEVELOPMENT (LID) means methods incorporating design measures to replicate pre-development hydrology to reduce the impacts of development at a lot-level basis, treating rainwater where it falls by creating conditions that allow the water to infiltrate back into the ground. LID emphasizes greater infiltration of stormwater on-site rather than regarding the stormwater as a nuisance condition and disposable.

MAINTENANCE PLAN means a document required for all major development projects for stormwater management maintenance. The document shall contain specific preventive maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventive and corrective maintenance (including replacement).

MAJOR DEVELOPMENT means any "development" that provides for ultimately disturbing one or more acres of land or would create one-quarter acre or more of impervious surface.

MAXIMUM EXTENT PRACTICABLE means compliance with the specific objective to the greatest extent possible taking into account equitable considerations and competing factors, including but not limited to, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement given site-specific environmental conditions, cost and technical or engineering feasibility.

MITIGATION means an action by an applicant -providing compensation or offset actions for onsite stormwater management requirements where the applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in NJAC 7:8, in an adopted regional stormwater management plan, or in this local ordinance, and has received a waiver from strict compliance from the municipality. Mitigation, for the purposes of this ordinance, includes both the mitigation plan detailing how the project's failure to strictly comply will be compensated, and the implementation of the approved mitigation plan within the same HUC-14 within which the subject project is proposed (if possible and practical), or a contribution of funding toward a regional stormwater control project, or provision for equivalent treatment at an alternate location, or other equivalent water quality benefit.

MUNICIPALITY means any city, borough, town, township, or village.

NODE means an area designated by the State Planning Commission concentrating facilities and activities that are not organized in a compact form.

NONSTRUCTURAL STORMWATER MANAGEMENT TECHNIQUES means techniques that control or reduce stormwater runoff in the absence of stormwater structures (e.g., basins and piped conveyances), such as minimizing site disturbance, preserving important site features including, but not limited to, natural vegetation, reducing and disconnecting impervious cover, minimizing slopes, utilizing native vegetation, minimizing turf grass lawns, increasing time of concentration and maintaining and enhancing natural drainage features and characteristics.

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

NUTRIENT LOAD means the total-amount of a nutrient such as nitrogen or phosphorus entering the water during a given time, such as "tons of nitrogen per year", or "pounds of phosphorus per day." Nutrients may enter the water from runoff, groundwater recharge, point source discharges, or the air (in the form of wet deposition such as rain or snow as well as dry deposition).

NUTRIENT CONCENTRATION means the amount of a nutrient in a defined volume of water (such as milligrams of nitrogen per liter). The relationship between nutrient concentration and nutrient load can vary and depends on the surface water flow, the volume of water in the water body or aquifer, and watershed characteristics.

PERMEABLE means a surface or land cover capable of transmitting or percolating a significant amount of precipitation into the underlying soils.

PERSON means any individual, corporation, company, partnership, firm, association, the Township of Franklin, 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 wastes, 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, groundwaters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

POLLUTION means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water to the extent that the pollutant concentration or level violates either the Groundwater Quality Standards (N.J.A.C. 7:9-6) or the Surface Water Quality Standards (N.J.A.C. 7:9B) of New Jersey.

RECHARGE means the amount of water from precipitation that infiltrates into the ground, and becomes part of a groundwater body.

REVIEW AGENCY (MUNICIPAL) means the municipal body or official that is responsible for the review of a major development project for compliance with the stormwater management requirements.

SEDIMENT means solid material, mineral or organic, that is in suspension and 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 ail unconsolidated mineral and organic material of any origin.

SOLID AND FLOATABLE MATERIALS means sediment, debris, trash, and other floating, suspended, or settleable solids.

SOURCE MATERIAL means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing, or other industrial activities, that could be a source of pollutants in any industrial stormwater discharge to ground or surface water. Source materials include, but are not limited to raw materials, intermediate products, final products, waste materials, by-products, industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

SPECIAL RESOURCE WATERS means water bodies receiving special protections due to their drinking water status or role as high-quality habitat for-Threatened and Endangered species or species . of commercialor recreational importance: This includes waterways so designated through the NJ Stormwater Management Rules (N.J.A.C. 7:8) because of exceptional ecological significance, exceptional water supply significance, exceptional recreational significance, exceptional shellfish resource, or exceptional fisheries resource. Waters so designated are protected by a 300-foot buffer extending on either side of the waterway measured perpendicular from top-of-bank or center of channel for waterways lacking a defined top-of-bank.

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 the flow of stormwater on or across the surface of the ground, in drainage facilities or in storm sewers.

STORMWATER MANAGEMENT BASIN means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally 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 (a constructed stormwater wetland).

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.

STREAM BUFFER means a strip of land located immediately adjacent. to a stream channel consisting of natural, undisturbed vegetative cover, which serves as a transition area between uplands and riparian lands. A stream buffer may encompass wetlands, may be contained with a flood plain or floodway or may extend beyond a wetland, floodplain or floodway boundary.

STRUCTURAL STORMWATER TECHNIQUES means a stormwater management measure that involves control of concentrated stormwater runoff or infiltration such as stormwater basins, piped conveyance systems and manufactured stormwater devices, and can include various types of basins, filters, surfaces, and devices located on individual lots in a residential development or throughout a commercial, industrial, or institutional development site in areas not typically suited for larger, centralized structural facilities.

THREATENED AND ENDANGERED SPECIES - Endangered Species are those whose prospects for survival in New Jersey are in immediate danger because of a loss or change in habitat, overexploitation, predation, competition, disease, disturbance or contamination. Assistance is needed to prevent future extinction in New Jersey. Threatened Species are those who may become endangered if conditions surrounding them begin to or continue to deteriorate. Habitats of endangered or threatened species are those identified by the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program, or by the Department pursuant to the Highlands Act at NJSA 13:20-32k and 13:20-34a(4).

TIME OF CONCENTRATION is defined as the time it takes for stormwater runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.

TRANSITION AREA means an area-of protected upland-. adjacent to ..a freshwater wetland that minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem. Also called "buffer" area.

URBAN REDEVELOPMENT AREA is defined as previously developed portions of areas delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes.

WATERS OF THE STATE means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, 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 groundwater 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.