ENVIRONMENTAL IMPACT STATEMENT - A description and analysis of all direct and indirect effects land development and land use will or may have on a site to be developed as well as upon adjacent and noncontiguous areas which may be affected by the development with particular reference to the effect of the project on the public health, safety and welfare, the protection of public and private property and the protection, preservation and enhancement of the environment.

ENVIRONMENTALLY SENSITIVE AREAS - Those areas of the Township as shown on factor maps included in the Natural Resources Inventory prepared by Dames and Moore (July 1974) as amended to date for the Freehold Township Environmental Commission, which areas are particularly susceptible to environmental damage or permanent change as a consequence of land use or development. Such areas include:

       A. Local and regional aquifer (recharge and discharge areas);

       B. Poorly drained soils (as classified by the Freehold Area Soil Conservation District);

       C. Steep slopes (12% or greater);

       D. Areas unsuitable for septic systems;

       E. Wooded and semiwooded areas;

       F. Historic and aesthetic sites;

       G. Freshwater wetlands and freshwater transition areas in accordance with NJDEP regulations;

       H. Floodplains in accordance with Federal Emergency Management Agency (FEMA) mapping or one-hundred-year floodplain calculated by a licensed New Jersey engineer.

FACTOR MAPS - Maps prepared by Dames and Moore, Cranford, New Jersey, in July 1974, in connection with the Freehold Township Natural Resources Inventory for the Freehold Township Environmental Commission.

GROSS PROJECT AREA - That portion of a site upon which the natural soil or vegetation will be disturbed, removed, altered, destroyed or added to, and/or upon which the construction, erection, destruction or removal of natural or man-made structures is proposed.

APPEAL - A request for a review of the Planning Board's interpretation of any provision of this chapter or a request for a variance.

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

AREA OF SPECIAL FLOOD HAZARD (FLOOD HAZARD AREA) - The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BANK - The area of land adjoining a watercourse sloping from level grade to the beginning of the channel.

BASE FLOOD - The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT - Any area of the 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 which confine and conduct the continuously or intermittently flowing water of any stream or watercourse.

DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

ELEVATED BUILDING - A nonbasement building built, in the case of a building in an area of special flood hazard, 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. In an area of special flood hazard, "elevated building" shall also include a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

ENCROACHMENT - Any structure or obstruction within a stream or watercourse or within the flood hazard area or floodplain of such stream or watercourse.

EROSION - Detachment and movement of soil and rock fragments by water, wind, ice, or gravity.

EXCAVATION - Removal, displacement, or recovery by any means whatsoever of minerals, mineral substances, or organic substances, other than vegetation, from the water, land surface, or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.

FILL - Sand, gravel, rocks, earth, vegetation, rubble, or other materials placed or deposited within a stream, watercourse, flood hazard area, or floodplain.

FLOOD DAMAGE POTENTIAL - The susceptibility of a land use or activity at a particular site to damage by potential floods at that site, as well as the potential of a land use or activity to cause or add to off-site flooding or flood-related damage.

FLOOD-FRINGE - That portion of any delineated flood hazard area, not designated as floodway, as depicted on maps prepared by the New Jersey Department of Environmental Protection or its predecessor agencies, pursuant to N.J.S.A. 58:16A-50 et seq., and filed in the offices of the Township Clerk and Engineer.

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

FLOOD INSURANCE STUDY - The official report 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 land areas from:

       A. The overflow of inland or tidal waters;

       B. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN - The area of relatively flat land adjoining a stream or watercourse and subject to flooding from an overflow of such stream or watercourse, including lands delineated as floodplains on maps prepared by the Freehold Township Environmental Commission and filed in the offices of the Township Clerk and Engineer.

FLOODWAY - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

GROUNDWATER - That water, beneath the land surface, which is below the water table.

HAZARDOUS MATERIAL - Includes, but not limited to, inorganic mineral acids of sulphur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and oresols, and their salts; petroleum products; and radioactive materials.

IMPROVED PARKING AREA - An area for the temporary or permanent location of motor vehicles which has been modified from its natural condition by excavation, fill, structures, or pavement.

LOWEST FLOOR - The lowest floor of the lowest enclosed area, including the basement. An unfinished or flood-resistant enclosure, usable 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 to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME - A structure, transportable in one 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 floodplain management purposes the term "manufactured home" shall also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MOTOR VEHICLE - Any vehicle propelled otherwise than by muscular power, excepting such vehicle as runs only upon rails or tracks.

NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this chapter.

OBSTRUCTION - Any building, structure, material or combination of materials placed in, along, across, or projecting into any stream, watercourse, flood hazard area, or floodplain which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life or property.

PERSON - Corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.

PESTICIDE - Any substance or mixture of substance labeled, designed or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nemotodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.

PETROLEUM PRODUCT - Oil or petroleum of any kind and in any form, including crude oils and derivatives of crude oils, whether alone, as sludge, oil refuse or oil mixed with other wastes.

RADIOACTIVE MATERIAL - Any natural or artificially produced substance or combination of substances which emit radiation spontaneously.

RATE OF LOCAL RUNOFF - Speed with which a given quantity of water will move across the land surface at the site of the proposed use or activity under the influence of gravity.

SEDIMENTATION - The transport and depositing of solid material by water.

SOLID WASTE - Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.

START OF CONSTRUCTION - For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 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 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.

STREAM - Any natural course of running water, whether improved, unimproved, enclosed or realigned, which presently or prior to any improvement, enclosure or realignment had been cut by the erosion of running water; a channel with well-defined banks and bed and through which water flows ordinarily and frequently, but not necessarily continuously.

STRUCTURE - Any combination of materials forming a construction, assembly or erection, the use of which requires location on or below the surface of the land or water, or attachment to something having a location on or below the surface of the land or water, including but not limited to buildings, fences, signs, poles, light stanchions, dams, fills, levees, bulkheads, walls, dikes, jetties, embankments, wharves, piers, docks, landings, pipes, causeways, culverts, bridges, roads, parking lots and other paved areas, as well as a mobile home.

SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

       A. Before the improvement or repair is started; or

       B. If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" shall be considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

       (1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

       (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SURFACE WATER - Water on the land surface.

VARIANCE - A grant of relief to a person from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

WATER-CARRYING CAPACITY - The ability of a stream or watercourse to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.

WATERCOURSE - Any natural or man-made carrier of water which has a definite channel with a bed and banks and along which water has flowed either continuously or intermittently for a sufficient period of time to give it substantial existence, including, but not limited to streams, rivers, brooks, rills, ponds, springs and drainage ditches.

ACCESSORY BUILDING OR STRUCTURE A freestanding building or structure subordinate to and customarily incidental to the principal building or structure on the same lot.

ACCESSORY USE A use which is subordinate to and customarily incidental to the principal use located on the same lot; where an accessory use is contained in a structure which is attached to the principal building, such building shall be considered part of the principal building for the purpose of determining the required yard dimensions.

ADMINISTRATIVE OFFICER The individual appointed to administer the provisions of this chapter except when a matter has been appealed to the Township Committee and/or is pending before the Township Committee, then and in that event, the administrative officer shall be the Clerk of the Township.

ADULT Any person or persons who have attained the age of 18 years.

ADULT BOOKSTORE An establishment, business or use having as a predominant part of its stock-in-trade books, magazines, photographs, pictures, films, devices or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating specified sexual activities or specified anatomical areas and limiting the sale of such sexual matter to adults.

ADULT MOTION-PICTURE THEATER An enclosed building with the capacity of one or more persons used predominately for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas presented for observation by patrons therein.

ADVERSE EFFECT Development designs, situations, or existing features on a developer's property, or any nearby property, creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or noncomplying conditions such as layout inconsistent with the zoning regulations, insufficient street width, unsuitable street grade, unsuitable street location, inconvenient street system, inadequate utilities such as water, drainage, shade trees, and sewerage, unsuitable size, shape and location for any area reserved for public use or land for open space in a planned development, infringement upon land designated as subject to flooding, and the creation of conditions leading to soil erosion from wind or water from excavation or grading.

AESTHETIC AND HISTORICAL QUALITIES Those qualities possessed by any building, set of buildings, site, area or parcel of land which by virtue of its role in history or general appearance represents a unique quality or feature in the Township.

AGRICULTURE A use of substantially undeveloped land devoted to the production of plants and/or animals useful to man and/or such properties that are classified as agricultural by virtue of the Farmland Use Taxation Laws.

ALTERATIONS, STRUCTURAL Any change, relocation, or rearrangement of any supporting members, exterior walls or roofs of an existing building.

ALTERNATIVE MOTOR VEHICLE FUELING STATION A facility for the retail sale of alternative motor vehicle fuels from pumps to motor vehicles. Alternative motor vehicle fueling stations may operate 24 hours per day. [Added 5-28-2013 by Ord. No. O-13-16]

ALTERNATIVE MOTOR VEHICLE FUELS Fuels other than gasoline, gasohol, Ethanol 85, Methanol 85, diesel or kerosene that propel vehicles. Alternative motor fuels include, but are not limited to, LPG (propane, butane), compressed natural gas (CNG), biodiesel, hydrogen, liquefied natural gas (LNG) or electricity. [Added 5-28-2013 by Ord. No. O-13-16]

ALTERNATIVE TOWER STRUCTURE Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

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 communication signals.

APARTMENT A dwelling unit in a building having two or more dwelling units therein and sharing services such as entranceways, hallways, basements, attics, heating systems, plumbing, or other similar shared services within the building singularly or in combination. [Amended 3-25-2003 by Ord. No. O-03-3]

APPLICANT A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required for approval of a subdivision plan, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to this chapter.

APPROVING AUTHORITY The Planning Board unless a different agency is designated when acting pursuant to the authority of N.J.S.A. 40:55D-1 et seq.

AQUIFER RECHARGE AREA An area where rainfall infiltrates the ground to water-bearing geological formations for retention.

ARTIST'S BODY PAINTING STUDIO An establishment or business which provides the service of applying paint or other substances, whether transparent or nontransparent, to or on the human body when such body is fully or partially nude.

AUCTION OR AUCTION MARKET A room, building or open air area space regularly or periodically devoted to the sale of goods to the highest bidder. [Added 6-17-2008 by Ord. No. O-08-11]

AUTOMOBILE DEALERSHIP REPAIR AND MAINTENANCE FACILITIES Facilities operated by automobile dealerships located in Freehold Township involved in providing repair and maintenance services for new and used automotive vehicles, such as passenger cars, trucks, vans, and trailers, that employ mechanics with specialized technical skills to diagnose and repair mechanical and electrical systems for automotive vehicles, repair automotive interiors; paint or repair automotive exteriors including bodies and frames; and repair and replacement of engines, exhaust systems, transmissions and glass; and to provide automotive vehicle services including motor oil and lubrication, car washes and detailing in accordance with Subsector 811 of the North American Industry Classification System.

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.

BASEMENT A story partly underground, but having less than 1/2 its height below the average level of the adjoining ground.

BLOCK An area bounded by streets.

BUFFER A landscaped area designed to act as a visual screen between a potentially unsightly or otherwise undesirable or incompatible use and adjacent properties.

BUILDING AREA The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

BUILDING HEIGHT

       (1) PRINCIPAL BUILDING The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

       (2) ACCESSORY BUILDING The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof.

BUILDING LINE A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected exterior surface of the building. All yard requirements are measured to the building line.

BUILDING MATERIALS Materials that can be arranged, united, or joined to support, frame, enclose, sheath, or be otherwise fashioned into a building or structure. Such materials include, but are not limited to, rough or dressed lumber, millwork, roofing, shingles, wallboard, molding, plywood, Sheetrock, bricks, doors, windows, paneling, or concrete block.

BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the site on which it is situated.

BUILDINGS A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof. A structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or other supports, and designed or used for shelter, housing enclosure, or storage of persons, animals or chattel.

CABARET An establishment or use which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

CAMPGROUND A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for children or adults, or both, for a maximum of 15 days in any calendar year, for recreation, education or vacation purposes. [Amended 12-27-2005 by Ord. No. O-05-48]

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

CAPITAL IMPROVEMENT A public acquisition of real property or major construction project.

CELLAR A story partly underground and having more than 1/2 its height below the average level of the adjoining ground.

CERTIFICATE OF DEVELOPMENT CREDIT A calculation of the Planning Board indicating the existence of a certain specified number of development credits as determined by the Township of Freehold.

CHANGE OF USE Any alteration or modification which results in a use which is not substantially of the same kind or purpose as the original use.

CIRCULATION Systems, structures and physical improvements for the movement of people, goods, water, air, sewage, or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

CLEAR-SIGHT DISTANCE A line of unobstructed vision from a point 4 1/2 feet above the center line of a street or alley to the nearest point on the top of an object four inches high of the same center line.

COMMERCIAL SCHOOLS An organization which teaches and provides courses of study of value and benefit to the general populace for a fee, which may include but not be limited to the following general examples of commercial schools: aircraft, archery, arts and crafts, barber, beauty, cooking, dancing, driving, modeling and reading.

COMMUNITY RESIDENCES FOR DEVELOPMENTALLY DISABLED; COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE; COMMUNITY RESIDENCES FOR THE TERMINALLY III; AND COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES The foregoing terms shall be as defined in N.J.S.A. 40:55D-66.2 and shall be deemed a permitted use in all residential zoning districts in Article XIII (§ 190-125 et seq.) hereof.

COMPATIBLE USE Two or more uses of land not in conflict with each other.

COMPLETE APPLICATION An application completed as specified by the completeness checklists adopted pursuant to § 190-4B hereof, provided that the Township agency may require such additional information not specified in the section, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Township agency. An application shall be certified as complete upon the meeting of all requirements specified in the completeness checklists adopted pursuant to § 190-4B hereof, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Township agency.

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

CONDOMINIUM A form of ownership of real property which consists of the building or buildings, common elements and other property described in a master deed and as generally set forth in N.J.S.A. 46:8A-1 et seq.

CONGREGATE LIVING FACILITY Residential facilities containing congregate kitchen, dining and living areas, but with separate sleeping rooms. Such facilities shall not be used for persons in need of the skilled care or structured care of a nursing home or institution.

CONGREGATE LIVING FACILITY FOR THE ELDERLY A residential facility for four or more elderly (age 60 or older) within which is provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services such as transportation for routine social and medical appointments and counseling.

CONVENTIONAL DEVELOPMENT Development other than planned development.

COUNTY MASTER PLAN A composite of the Master Plan for the physical development of Monmouth County, New Jersey, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Monmouth County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COVERAGE A part of a lot covered by buildings.

CRITICAL AREA Lands within the one-hundred-year floodplain; wetlands and wetlands buffers; lands containing steep slopes of 15% or greater; lands that are highly erodible as indicated by an erodibility factor "k" computed by the USDA Natural Resources Conservation Service for soils of 0.40 or greater; lands which have a seasonal high-water table of 24 inches or less; lands contained within conservation easements. [Amended 9-13-2005 by Ord. No. O-05-30]

DAYS Calendar days.

DEVELOPABILITY The capability of a parcel of land to accommodate the uses intended or proposed for it at the density intended or proposed for it based upon this chapter and the Environmental Impact Ordinance.

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

DEVELOPMENT The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alterations, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.

DEVELOPMENT REGULATION A land use ordinance, zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance, or other Township regulation of the use and development of land, or amendment thereto adopted and filed pursuant to N.J.S.A. 40:55D-1 et seq.

DIVISION The Division of State and Regional Planning in the Department of Community Affairs.

DORMITORY (as applicable to Hospital Zone) A residence hall providing separate rooms or suites for individual nurses or individual interns, or for groups of two, three or four nurses or interns with common bathroom facilities, separate facilities being provided for both sexes.

DRAINAGE The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter One of Title 58 of the Revised Statutes.

DWELLING, MULTIPLE FAMILY, OR MULTIFAMILY HOUSING DEVELOPMENT A building designed for or occupied by three or more families living independently of each other or a group of such buildings.

DWELLING, ONE FAMILY A detached building designed for or occupied exclusively by one family.

DWELLING, TWO FAMILY A building designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT A building, or portion thereof, providing complete living facilities for one or more persons living together as a single housekeeping unit in one or more rooms with cooking, living, sanitary and sleeping facilities. [Amended 6-17-2008 by Ord. No. O-08-11]

EARTH ANTENNA OR GROUND TERMINAL Any apparatus or device, commonly known as an earth terminal antenna, earth terminal, earth station, satellite communications antenna, satellite antenna, microwave dish antenna, or dish antenna and including as part of such apparatus or device the main reflector, subreflector, feed, amplifier and support structure which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but not including conventional personal television and radio and amateur radio antennas.

EARTH TERMINAL, COMMERCIAL Any type of earth terminal not defined as a personal earth terminal.

EARTH TERMINAL, PERSONAL An earth terminal intended solely for the reception of radio and/or television signals from a satellite being employed for only private, noncommercial purposes related to a residential use containing fewer than 10 dwelling units.

EASEMENT The grant of the right to use land for certain public or quasi-public purposes.

ELECTRONIC GRAPHIC DISPLAY SIGN A sign or portion thereof that displays electronic, static images, static words, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor-controlled electronic or digital displays. [Added 11-12-2013 by Ord. No. O-13-34]

EMERGENCY STANDBY GENERATOR FOR GASOLINE OR ALTERNATIVE MOTOR VEHICLE FUELING STATIONS A generator which is powered by natural gas or liquid gas fuel and permanently connected to the electrical system of a gasoline or alternative motor vehicle fueling station and only operates in the event of a power outage in order to provide backup power to the facility. [Added 5-28-2013 by Ord. No. O-13-16]

ENTERTAINMENT EVENT CENTER A commercially operated enterprise within an enclosed building that acts as a venue for concerts and community events containing restaurants and other forms of entertainment. Entertainment event centers shall contain a minimum of 40,000 square feet of space. [Added 11-12-2013 by Ord. No. O-13-34]

ENVIRONMENTAL COMMISSION The Freehold Township Environmental Commission.

EROSION Detachment and movement of rock or soil fragments by water, wind, ice or gravity.

ESSENTIAL SERVICES Facilities installed and/or maintained by a public utility or governmental agency, including gas, electrical, telephone, telegraph, water, sewage transmission and/or distribution systems and other similar services, including mains, drains, sewers, pipes, conduits, cables, and normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other government agencies necessary for the general health, safety and welfare of the public. Essential services shall not be deemed to include wireless telecommunications towers and antennas.

EXCAVATION OR CUT Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displayed or relocated.

EXTENSION SCHOOL Institutions which are affiliated with accredited colleges, universities or other institutions of higher learning and which provide courses of study at locations separate and apart from the main campus.

FAA The Federal Aviation Administration.

FAMILY Any number of individuals related by blood, marriage, adoption or by agreement and their domestic employees, living together as a single housekeeping and domestic unit, and sharing rooms and other housekeeping facilities in common.

FARM A parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, horses, poultry and dairy products, but excluding the raising of fur-bearing animals and swine, riding academies, livery stables or dog kennels.

FARM MARKET Any establishment predominantly engaging in the sale of agricultural products and not qualifying as a farm stand as defined herein. The property owner and/or farm market operator must apply for and receive a zoning permit and site plan approval.

FARM STAND An establishment consisting of a stand, wagon, structure or building, with a total gross floor area not exceeding 900 square feet located on and/or immediately adjacent to agriculturally used property from which is offered for retail sale to the general public farm produce for human consumption, flowers or plants, 90% of which is grown within the State of New Jersey.

FCC The Federal Communications Commission.

FENCE A structure forming an enclosure of an open area and designed to prevent straying from within or intrusion from without such enclosure, or to provide a visual or physical barrier.

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

FLEA MARKET A single location use wherein there are multiple vendors who have paid a fee for the privilege of occupying the space allotted to each vendor for the purpose of displaying and selling items of tangible personal property. Said location may be either open, enclosed or a combination of both. An enclosed "flea market" shall mean a flea market at a single location enclosed in a building or structure, rather than an open area not enclosed by a building or a structure. [Added 6-17-2008 by Ord. No. O-08-11]

FLOOR AREA In any and all buildings, the total gross area of all floors.

FLOOR AREA; GROSS HABITABLE OR GROSS LEASABLE; FLOOR AREA RATIO In any and all buildings, the total gross area of all floors shall be calculated as follows for the corresponding types of buildings: [Amended 9-13-2005 by Ord. No. O-05-30; 4-28-2009 by Ord. No. O-09-10]

       (1) FLOOR AREA, GROSS HABITABLE The sum of the areas of the floor or floors of a building which are enclosed and suitable for human occupancy and have a clear ceiling height of at least seven feet, six inches, including closet space, attached garages and hallways, and excluding cellars, attics, dead air space, open porches, breezeways, and all accessory buildings. Such area shall be measured from outside to outside of exterior walls or from the center line of the wall separating two dwelling structures.

       (2) FLOOR AREA, GROSS LEASABLE The sum of the areas of the floor or floors of a building or buildings which are enclosed and suitable for leasing to and utilized exclusively by commercial, office or service businesses. Covered sidewalks and enclosed mall open space areas, hallways, equipment rooms and entranceways, loading areas and similar space used in common or for the benefit of the shopping center or other areas not leased to tenants are excluded. Such area shall be measured from inside to inside of exterior walls or from a center line of the wall separating two commercial/industrial structures.

       (3) FLOOR AREA RATIO (FAR) The sum of the floor area of all floors of buildings or structures, as calculated using the definitions set forth in "floor area," compared to the developable total area of the site.

FORESTER The Township employee holding the position of "Supervisor--Trees." See Chapter 336, Trees, of the Code of the Township of Freehold.

FUELING PRODUCT PRICE SIGN A sign designed to advertise fuel prices for gasoline and alternative motor vehicle fueling stations that may be operated manually or electronically. [Added 5-28-2013 by Ord. No. O-13-16]

FUNERAL HOME A structure or facility in which deceased human beings are prepared for ultimate burial or other disposition off site, and in which reception areas for viewing and final rites are provided.

GARAGE Any building other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, lubrication, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GARAGE, PRIVATE A garage, whether attached or freestanding, used for storage purposes only and having a capacity of not more than three automotive vehicles or not more than one automotive vehicle per family housed in the building to which such a garage is accessory, whichever is greater. Space between may be utilized for not more than one commercial vehicle, and space may be rented for not more than two vehicles of other than occupants of the building to which such garage is accessory. Three-car garages shall not exceed 24 feet by 36 feet and 864 square feet, two-car garages shall not exceed 24 feet by 24 feet and 576 square feet and one-car garages shall not exceed 24 feet by 12 feet and 288 square feet. [Amended 9-24-2013 by Ord. No. O-13-30]

GARAGE SALE Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "yard sale" or any similar casual sale of tangible personal property which is advertised or displayed by any means whereby the public at large is or can be made aware of the sale. [Added 6-17-2008 by Ord. No. O-08-11]

GARDEN APARTMENT A multiple family dwelling or dwellings designed and constructed as a functional unit, not exceeding two stories in height, providing a resident superintendent, and featuring the extensive use of lawn areas and landscaping.

GRADE, FINISHED The elevation of the completed surface of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto, or already in existence.

GENERAL DEVELOPMENT PLAN A comprehensive plan for the development of a planned development. [Added 12-23-2014 by Ord. No. O-14-19]

HISTORIC COMMERCIAL VILLAGE A planned commercial development which contains a mixture of offices, retail stores, shops, personal services, restaurants, and other nonresidential uses as specified in this chapter. An historic commercial village shall be designed in a manner such that the architecture of the new buildings as well as the layout of the site are designed to complement the historic buildings and structures on the site as well as the historical character of Freehold Township.

LED Light-emitting diode, an electronic semiconductor device that emits light when an electrical current is passed through it. [Added 5-28-2013 by Ord. No. O-13-16]

HISTORIC SITE Any building, structure, area or property that is significant in history, architecture, archeology or culture of this state, its communities or the nation, and which may be so designated by the Township Committee.

HOTEL/MOTEL A building containing guest sleeping bedrooms used, rented out or hired out for sleeping purposes where ancillary facilities, including restaurants, cocktail lounges, guest services shops (for newspapers, magazines, personal goods, souvenirs, sundries and similar types of items customarily provided in a motel or hotel facility), exercise rooms, swimming pools and computer rooms are provided within the building. In hotels or motels which provide suites or guest rooms with two or more bedrooms, each bedroom shall be deemed to be a separate guest sleeping bedroom for purposes of this chapter. [Amended 6-22-2004 by Ord. No. O-04-23]

HOUSE OF WORSHIP Any structure or building that is used as the regular site for traditional services, meetings and/or gatherings of an organized religious body or community, which services, meetings and/or gatherings are presided over by the ordained or otherwise officially recognized leader of that body or community. Exempted are incidental, ancillary, temporary or sporadic meetings attended by a small number of persons such that the character of the zone district in which it is located is not compromised for occupants of properties in that area [Added 9-25-2007 by Ord. No. O-07-25]

INTERESTED PARTY

       (1) In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and

       (2) In the case of a civil proceeding in any court or in an administrative proceeding before a Township agency, any person, whether residing within or without the Township, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire, or enjoy property under this chapter, or under any other law of this state or of the United States have been denied, violated, or infringed by an action or a failure to act under this chapter.

JUNKYARD The use of more than 200 square feet of any lot for the storage, keeping, or abandonment of automobiles or boats not in operating condition or other vehicles or machinery or parts thereof.

LIFE CARE FACILITY Any residential development providing efficiency, one-bedroom and/or two-bedroom dwelling units with common dining, recreation, and medical or nursing home facilities for persons 60 years of age or older. A life-care facility must: 1) be licensed and staffed for skilled care; 2) contain common kitchen and dining facilities; 3) have call button monitoring systems and a medical file system; 4) have on-premises physical therapy; 5) have on-premises personal services, library, educational, social, and occupational facilities, and available transportation.

LIFE CARE RETIREMENT FACILITY A condominium/cooperative that has nursing home services as part of the facility.

LONG-TEAM-CARE FACILITY A facility or distinct part of a facility licensed by the New Jersey State Department of Health and Senior Services as a long-term-care facility in accordance with Title 8, Health, Chapter 39, Standards for Licensure of Long-Term-Care Facilities, of the New Jersey Administrative Code. [Added 12-22-2015 by Ord. No. O-15-25]

LOT A designated parcel, tract, or area of land established by a plan or otherwise as permitted by law and to be used, developed, or built upon as a unit.

LOT AREA The size of a lot measured between the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot included in a street right-of-way.

LOT, CORNER A parcel of land at the intersection of and fronting on two or more streets, the front yard thereof shall be that area of the lot between a street and the main entrance to any building located thereon.

LOT COVERAGE The percentage of a lot occupied by buildings.

LOT DEPTH A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

LOT LINE Any line dividing one lot from another lot or from a public thoroughfare.

LOT FRONTAGE That portion of a lot extending along a street line.

LOT WIDTH The mean horizontal distance between the side lot lines measured at right angles to its depth at the building line.

LOT YIELD PLAN A subdivision layout plan indicating the number of conforming lots possible using the conventional zoning requirements of the zone district in which the property is located. The lot yield plan shall be prepared to include a lot or lots for stormwater detention or provide a realistic alternative for meeting the site's stormwater management needs. The lot yield plan shall be utilized to determine the number of lots that may be created in accordance with § 190-161, Variable lot option and cluster regulations, and the number of density bonus lots that may be permitted in accordance with § 190-141.

MAINTENANCE GUARANTEE Any security, other than cash, which may be accepted by the Township Attorney for the maintenance of any improvements required by this chapter.

MASSAGE SHOP An establishment, business or use which provides the service of massage and body manipulation including exercises, heat, and light treatments of the body and all forms and methods of physiotherapy unless operated by a medical practitioner or professional physical therapist licensed by the State of New Jersey.

MASTER PLAN A composite of one or more written or graphic proposals for the development of the Township as set forth in and adopted pursuant to § 190-23 et seq. of this chapter.

MINOR SITE PLAN

       (1) A site plan for construction of an addition or modification to an existing building, which addition or alteration: [Amended 2-22-2011 by Ord. No. O-11-4]

       (a) Shall not exceed 1,500 square feet in floor area.

       (b) Shall not result in the addition of more than five parking spaces.

       (c) Shall not involve any change of use or require a use variance, encroach into any required front, side or rear yard or exceed minimum or maximum design standards contained in this chapter.

       (2) No development, including parking spaces, shall encroach into any buffer, landscape area, drainage area, wetlands area or open space required by this chapter or designated for such purpose(s) on a previously approved site plan or subdivision plan or other approved by the Planning Board. [Amended 12-22-2015 by Ord. No. O-15-26]

       (3) There shall be no alterations of the existing drainage involving construction of, addition or modification to, site grading or addition of parking spaces and/or aisles which, in the written opinion of the Township Engineer, would substantially change the direction or quantity of storm drainage or surface water flow;

       (4) The proposed addition or alteration shall not violate any requirements of this chapter or other ordinances of the Township nor any condition of a previously approved site plan.

       (5) The total disturbed area of the site shall not exceed 5,000 square feet or require Freehold Soil Conservation Service approval.

MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision. Any proposed subdivision which would otherwise qualify as a minor subdivision shall be classified as a major subdivision if the subdivision under consideration represents a further subdivision of an original tract of land for which a previous minor subdivision has been approved by the Planning Board and the combination of the proposed and approved minor subdivision shall constitute a major subdivision. The original tract of land shall be considered any tract in existence on July 10, 1967.

MINOR SUBDIVISION Any subdivision containing not more than two lots plus the remainder fronting on an existing street approved to Township standards, not involving any planned development, a new street or road, the extension of a street or road and/or municipal facilities or an extension of any off-tract improvement the cost of which shall be pro rated pursuant to this chapter and not adversely affecting the development of the remainder of the parcel of adjoining property.

MULCHING The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in established plant cover.

NEIGHBORHOOD COMMERCIAL Commercial uses located within a planned development which do not exceed 5% of the developed site thereof and which are designed to be compatible with and primarily provide service for the accompanying residential uses of the planned development.

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

NONCONFORMING STRUCTURE A structure the size, dimension, or location which fails to conform to the requirements of the zoning district in which it is located.

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) The NAICS is an industry classification utilized by the United States, Canada and Mexico that groups establishments into industries based on the activities in which they are primarily engaged, covering producing and nonproducing economic activities. The NAICS manual is published by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328 (ISB 0-16-049698-5) or through the National Technical Information Service, Springfield, Virginia 22161 (NTIS Order Number: PB98-127293INO) (ISBN-0-934213-56-9). Web site information about the NAICS including printed and CD ROM versions of the NAICS Manual can be found at:

       (1) http://www.census.gov/pub/epcd/www/naics.html.

       (2) http://www.ntis.gov/product/naics.htm.

       (3) http://www.naics.com.

NOTICE Whenever notice is required by this chapter and a specific method for giving same is not set forth, then and in that event, notice shall be required to be given by certified mail and/or in person. If notice is given personally, the person giving same shall retain a receipt acknowledging the fact that notice was given.

OBSCENE MATERIAL As defined by N.J.S.A 2C:34-2, includes any description, narrative account, display, or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means of posing, composition, format or animated sensual details: [Added 11-12-2013 by Ord. No. O-13-34]

       (1) Depicts or describes, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals;

       (2) Lacks serious literary, artistic, political, or scientific value, when taken as a whole; and

       (3) Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.

OFFICIAL COUNTY MAP The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP A map adopted pursuant to § 190-27 et seq.

OFFICIAL NEWSPAPER The newspaper and/or newspapers officially designated by the Township Committee for publication of legal notices.

OFF SITE Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.

OFF TRACT Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON SITE Located on the lot in question.

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

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

PARTY IMMEDIATELY CONCERNED For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice pursuant to this chapter.

PERFORMANCE GUARANTEE Any security, which may be accepted by the Township Committee, including cash, in lieu of the installation of specified required improvements before approval of a final map, provided that the Township shall not require more than 10% of the total performance guarantee in cash.

PERSONAL SERVICES Services provided by establishments and/or individuals primarily engaged in providing services generally involving the care of the person or his apparel, such as barbershops, beauty shops, nail salons, photographic studios, shoe repair, shoe shine parlors, beauty spas, tailor shops, seamstress, and dry cleaning and laundry including pickup facilities, but excluding industrial laundries and dry-cleaning plants, and services similar to or related to these types of services.

PLANNED ADULT COMMUNITIES One or more contiguous parcels of land having a total land area of 75 or more acres under common ownership or control which is planned for development with residential dwelling units and other structures and facilities and which has been approved by the Township prior to the adoption of this chapter.

PLANNED DEVELOPMENT Planned unit development, planned unit residential development, residential cluster (variable lot), planned commercial development, planned industrial development, or planned adult community.

PLANNED UNIT DEVELOPMENT An area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance. [Added 12-23-2014 by Ord. No. O-14-19]

PLANNING BOARD The Township Planning Board established pursuant to this chapter.

PLAT A map or maps of a subdivision or site plan.

PORTABLE ON-DEMAND STORAGE STRUCTURE Includes any container, storage unit, shedlike container or other portable structure that can be or is used for the storage of personal property or materials of any kind on a temporary basis and is located on a residential property outside an enclosed building other than an accessory building or shed complying with all Township construction code and land use requirements. [Added 9-24-2013 by Ord. No. O-13-31]

PRELIMINARY APPROVAL The conferral of certain rights pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.

PRINCIPAL USE The primary or main purpose for which a lot or building is being utilized.

PROFESSIONAL OFFICE Includes offices by professional, executive, engineer or for other administrative purposes, including but not limited to doctors, lawyers, accountants, engineers, architects and other similar professions which require a comparable degree of training, education and experience.

PUBLIC AREAS

       (1) Public parks, playgrounds, trails, paths, and other recreational areas;

       (2) Other public open spaces;

       (3) Scenic and historic sites; and

       (4) Sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL A master plan, capital improvement program or other proposal for land development adopted by the appropriate Township agency or any amendment thereto.

PUBLIC DRAINAGEWAY The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

PUBLIC OPEN SPACE An open space area conveyed or otherwise dedicated to the Township, Township agency, board of education, State or county agency, or other public body for recreational or conservational uses.

QUORUM The majority of the full authorized membership of any Township agency.

RECEIVING AREA An area or parcel of land to which development credits generated within a sending area may be transferred and in which increased development is permitted in connection with the possession of such rights.

RECYCLING AREA A space allocated for collection and storage of source-separated recyclable materials.

RESIDENTIAL DENSITY The number of dwelling units per gross acre of residential land area before requirements for streets, easements, and open space portions of a development.

RESTAURANT An establishment at which food is sold for consumption on the premises to patrons seated within an enclosed building.

RESTAURANT, FAST-FOOD An eating establishment at which food and nonalcoholic beverages are sold for consumption on the premises to patrons seated within or outside an enclosed building and also available for consumption in motor vehicles parked at the premises or by pedestrian patrons and for takeaway by pedestrians or vehicular traffic.

RESUBDIVISION

       (1) 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

       (2) The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

RETAIL Relating to the sale of goods in small quantities to ultimate consumers for personal or household consumption and not bulk sale of goods to customers engaged in the business of reselling goods. A retail use is open to the general public, and its patronage is not restricted by a membership requirement.

RETAIL STACK STORAGE A retail use that stocks an inventory of goods in large quantities for the purpose of selling retail from a building in which the goods are held and which utilizes warehouse stack storage technique on the sales floor area. A retail stack storage use is open to the general public, and its patronage is not restricted by a membership requirement. This type of use includes the term "big box retail."

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.

SELF-SERVICE STORAGE FACILITY A building consisting of individual, small, self-contained units that are leased or owned for the storage of business or household goods and supplies.

SENDING AREA An area or a parcel of land from which development credits are transferred to a receiving area and in which subsequent development is not permitted by deed restriction except or by dedication for agricultural use, aesthetic and historic use, public open space or other public use.

SHOPPING CENTER An integrated commercial development planned, constructed, and operated as single unit consisting of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants, theatres and auditoriums, housed in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities, and sanitary facilities.

SITE DEVELOPMENT AREA The area of a site within which proposed development is permitted pursuant to the approved general development plan (GDP) approved by the Freehold Township Planning Board on June 9, 2003, in conjunction with P.B. Application 697-02 for Blocks 69.01, Lots 18.01, 18.02, 18.04, 18.05, 18.06, 18.07, 18.08 and 18.11 all of which are within the Regional Mall RMZ-1, RMZ-2 and RMZ-2A Zones. Within a site development area, steep slopes and heritage trees may be affected as provided for in the general development plan as approved for P.B. Application 697-02. [Added 3-9-2004 by Ord. No. O-04-9]

SITE PLAN A development plan of one or more lots depicting the proposed layout of a property and its relationship to the surrounding area upon which is shown:

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

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

       (3) Any other information that may be required in order to make an informed determination pursuant to this chapter.

SLOPE A measurement of the rise or descent of the surface of land determined on a percentage basis where the vertical distance is divided by the horizontal distance. (Example: A rise of five feet over a horizontal distance of 100 feet would be five divided by 100 which equals 0.05 or 5%).

SPECIAL-NEEDS HOUSING A housing development, or such portion of a housing development, that is permanent supportive housing or a community residence that is primarily for occupancy by individuals with special needs as a result of one or more cognitive, physical or developmental disabilities who shall occupy such housing as their usual and permanent residence, together with any structures or facilities, appurtenant or ancillary thereto, as defined in "Special Needs Housing Trust Fund Guidelines" approved by the New Jersey Housing and Mortgage Finance Agency Board on August 17, 2006, (See: http://www .nj.gov/dca/hmfalbiz/devel/specneed/guidelines.pdf.), including but not limited to the following: [Added 12-8-2009 by Ord. No. O-09-32]

       (1) "Permanent supportive housing" providing for a range of permanent housing options such as apartments, condominiums, townhouses, single- and multifamily homes, single-room occupancy housing, shared-living and supportive-living arrangements that provide access to on-site or off-site supportive services for individuals and families who can benefit from housing with services because of one or more cognitive, physical or developmental disabilities. Permanent supportive housing has as its primary purpose assisting the individual or family to live independently in the community and to meet the obligations of tenancy. Tenants may have individual or shared apartments, and there is no limitation for length of tenancy. Participation in services is not a condition of tenancy.

       (2) "Community Residences" including group homes, supervised apartments, and other types of shared living environments that provide housing and treatment or specialized services needed to assist individuals with special needs to live in community settings. For purposes of this chapter, community residences do not include assisted-living facilities, nursing homes, transitional housing facilities, or shelters.

       (3) A special-needs housing development may contain "units" and/or "beds." A "unit" refers to a single living unit that contains at a minimum a bedroom with a bathroom. A unit may contain one or more beds. A "bed" is for a single individual receiving housing and services. Each unrelated adult must have his or her own bedroom.

SPECIFIED ANATOMICAL AREAS For the purpose of this chapter, specified anatomical areas are defined as:

       (1) Less than completely or opaquely covered human genitals, pubic regions, buttocks, or the female breast area.

       (2) Human male genitals in a discernibly rigid or aroused state, even if completely and/or opaquely covered.

SPECIFIED SEXUAL ACTIVITIES For the purpose of this chapter, specified sexual activities are defined as:

       (1) Human genitals in a state of sexual stimulation or arousal.

       (2) Acts of human masturbation, sexual intercourse, fellatio, cunnilingus or sodomy.

       (3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or breasts.

STANDARDS OF PERFORMANCE

       (1) Standards regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be required by the Township; or

       (2) Standards required by applicable federal or state laws or Township ordinances.

STATIC SIGN Signs which include no animation or effects simulating animation. [Added 11-12-2013 by Ord. No. O-13-34]

STORE An individual business establishment where goods or merchandise are kept and displayed for sale. Goods or merchandise may include retail or wholesale goods or merchandise. [Added 11-29-2005 by Ord. No. O-05-39]

STORY That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it; except that a cellar shall not be considered as a story.

STORY, HALF A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are no more than two feet above the floor surface of such story. The habitable area shall be from a point perpendicular from the floor joist to the intersection of the roof rafter a distance of four feet.

STREAM Any natural course of running water whether improved, unimproved, enclosed, or realigned which, presently or prior to any improvement, enclosure, or realignment, had cut, by the erosion of running water, a channel with well defined banks and a bottom and through which water flows ordinarily and frequently but not necessarily continuously.

STREET Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way which is an existing state, county, or municipal roadway, or is shown upon a plat heretofore approved pursuant to law or approved by official action of the Township Committee or the Planning Board, or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas, and other areas within the street lines.

STREET LINE The line determining the limit between the highway of the public and adjoining private property.

STRUCTURE Any combination of materials forming a construction, assembly or erection, the use of which require location upon the ground or attachment to something having a location upon the ground, including, among other things, buildings, fences, walls, signs, radio towers, swimming pools, light stanchions, platforms, and mobile homes.

SUBDIVISION The division of a lot, tract or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

       (1) Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;

       (2) Divisions of property by testamentary or intestate provisions;

       (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, provided each lot to be combined does not contain a principal structure; and

       (5) The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Zoning Officer to conform to the requirements of the Township development regulations and/or shown and designated as separate lots on the Tax Map of the Township. The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE A committee of three members of the Planning Board appointed annually by the Chairman of the Planning Board subject to approval by a majority of the members of the Planning Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivision which may be conferred on the Committee by the Planning Board. The Chairman of the committee shall be appointed by the Chairman of the Planning Board for a term of one year.

SWIMMING POOL, PRIVATE A structure erected upon a property or an accessory to a residential building on the same lot therewith, and providing recreational facilities for swimming or wading from the use of the persons residing on the premises and their nonpaying guests.

SWIMMING POOL, PUBLIC; SWIM CLUB A public or privately owned structure providing recreational facilities for swimming or wading for the use of the membership of any private or quasi-public group, club or organization.

TATTOO SHOP An establishment, business or use which provides the services of applying a tattoo more specifically described as an indelible mark or figure etched on the surface of the body by the insertion of pigment into the skin.

TOWER See definition of "wireless telecommunications tower" below.

TOWER HEIGHT, WIRELESS TELECOMMUNICATIONS TOWER When referring to a wireless telecommunications tower or other structure, tower height is the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also the definition of "building height.")

TOWNHOUSE One dwelling unit in a line of four or more attached dwelling units with each dwelling unit extending from the ground to the roof and having individual outside access and no interior facilities, conveniences or services shared with other dwelling units making up the overall building.

TOWNSHIP AGENCY The Township Planning Board or the Township Committee when acting pursuant to this chapter as well as any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter. [Amended 12-22-2015 by Ord. No. O-15-26]

TRANSCRIPT A typed or printed verbatim record of the proceedings or reproduction thereof.

USABLE AREA The gross lot area minus lands classified as critical areas.

VARIANCE Permission to depart from the literal requirements of the zoning provisions of this chapter.

WAREHOUSE A building used for the storage of manufactured products, supplies, equipment, and other goods and materials. A warehouse shall not mean a self-service storage facility.

WIRELESS TELECOMMUNICATIONS 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. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

YARD, FRONT An open, unoccupied space on the same lot with a principal building, extending the width of the lot and situated between the street line and the front building line. The depth of the front yard shall be measured at right angles to the street line. (See also definition of "lot, corner.") In all circumstances, other than a front porch, the front yard setback shall be the greater of the distance established by the location of the existing principal building or the distance set forth in Schedule C at the end of this chapter. Although it may intrude beyond the front building line, a front porch may not intrude into the front yard area measured and established pursuant to Schedule C. [Amended 10-24-2006 by Ord. No. O-06-36]

YARD, REAR An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear lot line and the rear building line. The depth of the rear yard shall be measured at right angles to the rear lot line.

YARD, SIDE An open, unoccupied space on the same lot with a principal building extending from the front yard to the rear yard and situated between the side lot lines and the side building line. The side yard shall be measured at right angles to the side lot line.

ZONING PERMIT A document signed by the Zoning Officer or Assistant Zoning Officer which acknowledges that a use, structure, or building complies with the provisions of the zoning provisions of this chapter or of any variance therefrom duly authorized by a Township agency. [Amended 10-13-2009 by Ord. No. O-09-26]

BOARD The Planning Board. [Amended 12-22-2015 by Ord. No. O-15-26]

COMPACTION The increase in soil bulk density.

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

COUNTY REVIEW AGENCY An agency designated by the Monmouth County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance in the Monmouth County Planning Board.

DEPARTMENT The New Jersey Department of Environmental Protection.

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

DESIGN ENGINEER 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 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 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.

EMPOWERMENT NEIGHBORHOOD 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.

ENVIRONMENTALLY CRITICAL AREAS 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 (slopes of 15% or greater); and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program. (See also "critical areas" definition at § 190-3B.)

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

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

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

MAJOR DEVELOPMENT 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 The Township of Freehold.

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

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

PERSON Any individual, corporation, company, partnership, firm, association, subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

POLLUTANT 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.

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

SEDIMENT 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 The lot or lots upon which a major development is to occur or has occurred.

SOIL All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) 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 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 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 MANAGEMENT BASIN 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 (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE 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 nonstormwater discharges into stormwater conveyances.

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

WATERS OF THE STATE 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 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."

ACID-PRODUCING SOIL Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid-producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid-producing soils in New Jersey can be obtained from local Soil Conservation District offices.

APPLICANT A person, corporation, government body or other legal entity applying to the Planning Board or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated riparian zone. [Amended 12-22-2015 by Ord. No. O-15-26]

CATEGORY ONE WATERS OR C1 WATERS Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristic because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.

DISTURBANCE The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting or removing of vegetation.

INTERMITTENT STREAM A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.

LAKE, POND OR RESERVOIR Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is, an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.

PERENNIAL STREAM A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.4(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.

RIPARIAN ZONE The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any manmade lagoon or oceanfront barrier island, spit or peninsula.

SPECIAL WATER RESOURCE PROTECTION AREA OR (SWRPA) A three-hundred-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).

SURFACE WATER BODY (BODIES) Any perennial stream, intermittent stream, lake, pond or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.

THREATENED OR ENDANGERED SPECIES Species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.

TROUT MAINTENANCE WATER A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.

TROUT PRODUCTION WATER A section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.

ADVERTISING STRUCTURE Any rigid or semirigid material with or without a sign displayed thereon situated upon or attached to real property or mobile objects and vehicles outdoors for the purpose of furnishing a background, base or support on which a sign may be posted or displayed.

FUNCTIONAL SIGN TYPES

       (1) DIRECTORY OF OCCUPANTS SIGN A sign or plate attached to or painted upon the facade of a building listing the tenants or occupants thereof and their respective professions or business activities.

       (2) DIRECTIONAL SIGN A sign or device intended to direct or point toward a place or which gives verbal directions, of any sort.

       (3) IDENTIFICATION SIGN Any sign, symbol, trademark, structure or similar device used to identify the occupant or any structure, the product made, or the activity being pursued by any individual business service, commercial or industrial activity.

       (4) OFFICIAL SIGN Any sign, symbol or device erected and maintained by the federal government, the State of New Jersey, County of Monmouth or the Township of Freehold for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare; or any sign of a civic, fraternal or religious organization specifically authorized by the Township Committee.

IMMORAL SIGN A sign that has the quality of any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement, when it:

       (1) Predominately appeals to the prurient, shameful or morbid interest of minors in sex; and

       (2) Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and

       (3) Taken as a whole, lacks literary, artistic, political or scientific value.

OUTDOOR ADVERTISING SIGN COMPANY A company in the business of leasing outdoor advertising space and under the licensing power of the Outdoor Advertising Tax Bureau of the Department of Treasury of the State of New Jersey.

PHYSICAL SIGN TYPES

GROUND OR MONUMENT SIGN A self-supporting sign connected to the ground and independent of any other structure, including pylon, pedestal or individual post-type supports.

PROJECTING SIGN A sign attached to the building wall which neither extends more than 15 inches from the face of the wall, nor projects nearer to the ground surface than 10 feet, nor projects above the roofline or storefront facade line, nor extends beyond the ends of the facade or building.

WALL SIGN A flat sign attached to or painted upon a building wall which extends not more than 15 inches from the wall and is not extended above the top or beyond the ends of the facade.

WINDOW SIGN Any sign mounted inside a window for display to the public passersby outside the window.

ROOF SIGN A sign located wholly upon or over the roof of any building.

POLITICAL SIGN Temporary signs supporting candidates for office or urging action on any other matter on the ballot of primary, general and/or special elections.

PORTABLE SIGN Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to "A" or "T" frames; menu and sandwich board signs; balloons or helium- or air-filled material or plastic devices used as signs or advertising; umbrellas used for advertising; signs attached to or painted on vehicles and visible from the public right-of-way, unless said vehicle is used with such sign in the normal day-to-day operations of the business; and pole or wind flags of plastic or other lightweight material whether or not containing a message of any kind.

SIGN The outdoor or indoor display of any writing, printing, picture, painting, emblem, drawing or similar device intended to invite or draw the attention of the public to any activity, goods, merchandise, property, business, services, entertainment, amusement or industrial activity or establishment.

SNIPE SIGN Any sign, generally of a temporary nature, made of any material when such a sign is tacked, nailed, posted, pasted, glued or otherwise attached to a tree, pole, stake or fence or to any other structure.

AFFORDABLE A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4.

COAH The New Jersey Council on Affordable Housing.

DEVELOPMENT FEES Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in N.J.A.C. 5:93-8.

HOUSING REGION The East Central Housing Region consisting of Monmouth, Ocean and Mercer Counties in accordance with N.J.A.C. 5:93 and 5:91.

LOW-INCOME HOUSING Housing affordable according to Federal Department of Housing and Urban Development or the standards included in this article for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to COAH affordability controls and this article.

MODERATE-INCOME HOUSING Housing affordable according to Federal Department of Housing and Urban Development or the standards included in this chapter for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income in excess of 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to COAH affordability controls and this article.

OWNER The current title holder of record of a low- or moderate-income unit. This definition shall refer to and mean the title if record is the same as reflected in the most recently dated and recorded deed of the particular low- or moderate-income unit. Where appropriate, the term "owner" shall also mean and refer to a person who owns a low- or moderate-income unit as a landlord. [Added 4-26-2005 by Ord. No. O-05-9]

RENTAL UNITS Units specifically built at the time of construction for the sole purpose of being occupied by tenants and not owners of affordable housing units. [Added 4-26-2005 by Ord. No. O-05-9]

SENIOR CITIZEN A person who is 62 years of age or older.

AFFORDABLE HOUSING DEVELOPMENT A development included in the Housing Element and Fair Share Plan, and includes but is not limited to an inclusionary development, a municipal construction project or a 100% affordable development.

COAH OR THE COUNCIL The New Jersey Council on Affordable Housing established under the Act, which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.

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 FEE Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.

EQUALIZED ASSESSED VALUE The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A.54:1-35a through N.J.S.A.54:1-35c).

GREEN BUILDING STRATEGIES Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

ADDITION The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.

ADMINISTRATIVE OFFICER The person designated to handle the administration of building permit applications as referenced in this article.

AFFECTING A LANDMARK OR HISTORIC DISTRICT Any act which alters or changes a historic landmark or an improvement within a historic district.

ALTERATION Any work done on any existing improvement which:

       (1) Is not an addition to that improvement; or

       (2) Changes the appearance of the exterior surface of any improvement.

BUILDING A structure created to shelter human activity of any kind.

DEMOLITION The partial or total razing or destruction of any building, structure, or of any improvement within a historic district or of any historic landmark.

HISTORIC DISTRICT A geographically definable area possessing a significant linkage, or continuity of sites, buildings, structures, and/or objects which when viewed collectively:

       (1) Represent a significant period in the development of the Township; or

       (2) Have a distinctive character resulting from their architectural style; or

       (3) Because of their distinctive character can readily be viewed as an area or neighborhood distinct from surrounding portions of the Township.

HISTORIC DISTRICT RESOURCES Resources within a historic district shall be classified either as key, contributing, or noncontributing which are defined as:

       (1) KEY Any buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.

       (2) CONTRIBUTING Any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.

       (3) NONCONTRIBUTING Any buildings, structures, sites, or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.

HISTORIC LANDMARKS (OR LANDMARK) Any buildings, structures, sites, objects, or districts which possess integrity of location, design, setting, materials, workmanship, or association, and which have been determined pursuant to the terms of this chapter, to be:

       (1) Of particular historic significance to the Township of Freehold by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, county or community; or

       (2) Associated with historic personages important in national, state, county or local history; or

       (3) The site of a historic event which had a significant effect on the development of the nation, state, county or community; or

       (4) An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or

       (5) Representative of the work of an important builder, designer, artist, engineer or architect; or

       (6) Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation; or

       (7) Able or likely to yield information important in prehistory or history.

IMPROVEMENT Any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.

OBJECT A thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting, environment or event.

REPAIR Any work done on any improvement which:

       (1) Is not an addition to the improvement; and

       (2) Does not change the appearance of the exterior surface.

REPLACEMENT Repairs when a building permit is required for same.

SITE The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may both have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeological significance.

SITES OF HISTORIC INTEREST Any buildings, structures, sites, objects or districts which, although not given historic landmark designation under this chapter are an important historical asset to the community which it is felt would benefit from the advice and input of the Commission.

STRUCTURE Any man-made work arranged in a definite pattern of organization.

CRITICAL AREA - A highly erodible or severely eroded area which produces sediment.

EROSION - Detachment and movement of rock or soil fragments by water, wind, ice and/or gravity.

EROSION AND SEDIMENT CONTROL PLAN - A plan which indicates necessary land treatment measures, including a schedule of timing for the installation thereof, which plan will effectively minimize soil erosion and sedimentation. Such measures shall be at least equivalent to the standards.

EXCAVATION OR CUT - Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.

FARM CONSERVATION PLAN - A plan which provides for the use of land within its capabilities and treatment within practical limits according to a chosen use in order to prevent further deterioration of soil and water resources.

FREEHOLD SOIL CONSERVATION DISTRICT - A governmental subdivision of this state which encompasses the Township of Freehold and which has been organized in accordance with the provisions of Chapter 24, Title 4, New Jersey Revised Statutes.

LAND - Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the Township.

LAND DISTURBANCE - Any activity involving but not limited to clearing, grading, transporting and/or filling which causes land to be exposed to the danger of erosion.

MULCHING - The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant cover.

PERMIT - A certificate issued to perform work under this chapter.

SEDIMENT - Solid material, both mineral and/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.

SEDIMENT BASIN - A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.

SOIL - All unconsolidated mineral and organic material of any origin.

STANDARDS - Those criteria for soil erosion and sediment control in New Jersey as promulgated by the State Soil Conservation Committee.

STRIPPING - Any activity which significantly disturbs vegetated or other stabilized soil surfaces, including clearing and/or grubbing operations.

DEVELOPER - Any person who, either directly or through an agent or independent contractor, engages or intends to engage in land subdivision, development or construction of three or more dwelling houses intended as single-family residences, in any subdivision, business or industrial buildings for the purpose of sale to or occupancy by another person or persons.

EXCAVATOR - Any person, firm or corporation, partnership or association engaged in the moving, removal, importing or excavation of soil or topsoil from, to, in or upon any land in the Township.

MOVE - To dig or excavate; to remove; to deposit; to place and to fill; to grade, regrade, level or otherwise alter or change the location of any existing contour; to transport and to supply; or to scrape or otherwise disturb; however, the act of moving soil or topsoil from one portion of a premises to another portion of the same premises shall not be included hereunder.

OWNER - Any person seized in fee simple of any land, or having such other interest or estate therein, as will permit the exercise of effective possession hereof or dominion or control thereover.

PERSON - Any individual, firm, association, partnership or corporation or any combination of two or more of them.

PREMISES - One or more contiguous parcels of land in single ownership. Parcels shall not be deemed to be contiguous if separated by a road, railroad, right-of-way, brook, stream or other natural division.

SOIL - Any earth, sand, clay, loam, gravel, humus, rock or dirt, irrespective of the presence or absence therein of organic matter.

TOPSOIL - Soil, which in its natural state constitutes the top layer of earth and is composed of 2% or more by weight of organic matter and has the ability to support vegetation and growth.

BUSINESS DAYS - Monday through Friday, except holidays.

DISEASED TREE - A tree which is irretrievably diseased or infested with insects such that no available treatment can cure the disease or infestation.

FORESTER - The Township employee holding the position of Supervisor of Trees.

HERITAGE TREE - Any tree by reason of its diameter measured 41/2 feet above the ground (dbh) on the uphill side to be a mature tree of significant size. The Township Forester shall prepare and maintain the Standards for Determining Heritage Trees, for individual tree species. These standards shall set forth the size requirement for determining a heritage tree.

HISTORIC TREE - One which is associated with a documented historic event, i.e., Freehold officials met with the Native Americans under a specific tree in 1790.

HOME SITE - A subdivided lot not in excess of 60,000 square feet with a dwelling located thereon. In the event that a subdivided lot with a dwelling thereon is in excess of 60,000 square feet, the home site shall be considered to be that area, within the confines of the lot, defined by a one-hundred-foot radius from the foundation of the dwelling house. Notwithstanding the foregoing, no portion of the lot that is within a street right-of-way or encompassed in an area from the street right-of-way line or lot line closest to the point of access, to 25 feet back from the right-of-way line or lot line closest to the point of access, whichever is greater, shall be considered part of the home site to which the exception of §336-12D shall apply.

OWNER - Any person as defined herein having title to or lawful possession of any lot, plot or parcel of land within the Township of Freehold.

PERSON - Any individual, association, partnership, company, corporation, agency or combination thereof.

RELATED OWNERSHIP - In relation to the ownership of real property:

       A. Owned by husband and/or wife of the owner of an adjacent parcel of real property.

       B. Owned by a person or entity which has 10% or more interest in the entity owning the adjacent parcel of real property.

       C. Within the last five years, the owner of a parcel of real property has conveyed title to an adjacent parcel of real property to a relative within the third degree of lineal or collateral consanguinity.

TRACT - The entire area of property involved in the site plan, subdivision, or tree removal permit application, whether or not it consists of separate lots and/or blocks, or title is held in one or more different persons or entities.

TREE - Any woody perennial plants having a diameter of four inches or greater measured at a point four feet above the ground.

TREE DELINEATION AREA - That area of the tract consisting of the tree disturbance area plus 100 feet in all directions on the tract from the tree disturbance area, excluding any areas of wetlands, as defined by New Jersey Department of Environmental Protection or the U.S. Army Corps of Engineers, conservation areas already dedicated and accepted or other areas where restrictions already in effect would prohibit tree disturbance.

TREE DISTURBANCE AREA - Those areas of the tract where disturbance or removal of trees shall occur, or within 100 feet of an area where tree disturbance or removal shall occur. The tree disturbance area of a tract shall be separated from the tree preservation area by map delineations.

TREE PRESERVATION AREA (NONDISTURBANCE AREA) - All those areas of the tract being outside the tree disturbance area.

AQUIFER (AQUIFER RECHARGE AREA) - A water-bearing stratum used as the source of water supply.

CONSEQUENTIAL DIFFICULTIES - Such likely and foreseeable changes or occurrences in, upon or under the land and/or to the hydrologic condition of the site which would create or cause a situation sufficient to sustain a violation of the terms and conditions upon which a certificate of occupancy for a structure and its appurtenances would be issued.

CONSTRUCTION - The erection, alteration, repair or renovation of any building or structure and the excavation, filling and grading of lots in connection therewith.

DEVELOPMENT - The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.

FRESHWATER WETLANDS - Land which consists of any soil type designated as poorly drained, very poorly drained and alluvial soils in the Soil Conservation Service surveys and/or which contains Atlantic white cedar swamps, hardwood swamps, pitchpine, lowlands, open bogs, ponds or spungs.

ON-TRACT WASTE DISPOSAL - Both conventional and nonconventional systems as defined and referred to in Chapter 385, Sewage Disposal Systems, of this Code.

OPEN BOG - A site with the following characteristics: seasonal high-water table at or above the surface with large amounts of organic matter, low fertility and extreme water acidity and where the ecological community is made up of sphagnum moss, cranberry cover, sheep laurel, ferns and the like.

PERCOLATION - On-tract measurement of the horizontal and vertical movement of water generally expressed in minutes to the inch in a wet soil. In the case where the percolation rate tends to fall in the lower end of the range, i.e., five minutes or less, the potential impact of the proposed use will be analyzed with stricter scrutiny.

POLLUTION - The condition of water resulting from the introduction of substances of a kind and in quantities rendering it detrimental or potentially dangerous to the public health or unfit for public use.

SEASONAL HIGH-WATER TABLE - The highest level below which the soil is seasonally saturated with water as measured by any means acceptable to the Township Board of Health.

SEWERAGE FACILITIES - Equipment used for and in connection with treatment and/or transportation of sewage, including pipelines which transport wastewater across watershed ridge lines.

SPUNG - A shrub thicket with a seasonal high-water table at or near the surface.

THREATENED OR ENDANGERED SPECIES - Those species or subspecies of wildlife indigenous to New Jersey which are threatened or endangered as determined by the New Jersey Department of Environmental Protection and set forth in N.J.A.C. 7:25-11.1 et seq., as amended to date.