Frankford City Zoning Code
§ 30-1027.2
Particular Additional Conditions as to Certain Uses.
[Ord. No. 2008-11; Ord. No. 2010-08; Ord. No. 2011-07 § 15; Ord. No. 2011-09 § 1; Ord. No. 2014-01 § 10]
a.
Automobile Service Station in the C-1, CED-1, and CED-2 Districts.
1.
No such facility shall be located closer than 1,000 feet to any other such facility.
2.
Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from the street right-of-way line, at least 50 feet from a residential zone boundary and at least 25 feet from any property line.
3.
No such facility shall be located within 500 feet of any school, place of worship, hospital, library, park, playground, or other governmental or public facility or building.
4.
No such facility shall be located within 200 feet of a residence nor within 100 feet of a residential district.
5.
At least 25% of the lot shall be devoted to vegetative cover.
6.
Each such facility and site shall be screened from adjoining lots.
7.
Paving and curbing requirements: Pavement improvements shall be in accordance with Article VI. Curbs shall be granite block.
8.
Driveway width: 24 feet to 36 feet.
9.
Minimum distance between driveway openings: 50 feet.
10.
Minimum distance of facility driveway(s) from driveways on adjacent properties: 20 feet.
11.
Curb radius: 20 feet to 35 feet.
12.
No unregistered or disabled vehicles and no parts or tire equipment shall be stored outside, and all vehicle repairs shall be routinely normally accomplished inside a building.
13.
All storage tanks shall be installed below ground and otherwise in accordance with all prevailing laws, regulations and standards pertaining thereto.
14.
Minimum lot size: 20,000 square feet.
15.
Minimum lot width: 150 feet.
16.
Minimum front yard setback: 50 feet (to principal building).
17.
Minimum side yard setback: 50 feet.
18.
Minimum rear yard setback: 50 feet.
19.
Maximum building height: 30 feet.
20.
Maximum building coverage: 35%.
21.
Maximum lot coverage: 75%.
b.
Bed-and-Breakfast Inns. Bed-and-breakfast inns shall be conditional uses in all zones, provided that the following minimum requirements are met:
1.
Minimum Lot Area. No bed-and-breakfast inn shall be conducted on a lot which fails to meet the minimum lot size for the zoning district in which it is located.
2.
Minimum Number of Off-Street Parking Spaces. The minimum number of off-street parking spaces shall be two for the permanent residents of the dwelling, plus one additional space for each room licensed for use by transients.
3.
There shall be no visible indication of the use from the road or adjacent properties, with the exception of a sign not to exceed six square feet in size.
4.
The principal use of the premises shall be that of a single-family residence. The operation of a bed-and-breakfast inn by the permanent residents of the premises is considered an accessory or subordinate use permitted only through issuance of a conditional use permit.
5.
Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a bed and breakfast inn, and by a certification from the Construction Code Official that the building complies with New Jersey Building Code Regulations for bed-and-breakfast inns.
6.
No more than five rooms shall be used as guest rooms for bed-and-breakfast transients, nor shall more than 12 persons be registered as guests of the bed-and-breakfast inn at any one time. No addition to any licensed bed-and-breakfast inn shall be permitted without prior site plan approval by the Land Use Board.
7.
No premises shall commence to be used as a bed-and-breakfast inn until after the issuance of a conditional use permit and site plan review or waiver by the Board.
8.
No smoking or cooking shall be permitted in any guest room.
9.
No food shall be sold to the general public and no meals other than breakfast shall be provided to registered guests.
10.
Registered guests shall not remain on the premises for more than 30 consecutive days or more than 30 days of a period of 60 successive days.
c.
Boarding Stable in the AR District.
1.
Each such stable facility shall be part of and associated with a horse farm.
2.
Minimum lot size: six acres.
3.
Minimum lot width: 150 feet.
4.
Minimum front yard setback: 75 feet.
5.
Minimum side yard setback: 50 feet.
6.
Minimum rear yard setback: 50 feet.
7.
Maximum building height: 40 feet.
8.
Maximum building coverage: 35%.
9.
Maximum lot coverage: 50%.
d.
Community Residences for the Developmentally Disabled or Persons with Head Injuries, Community Shelters for Victims of Domestic Violence and Community Residences for the Terminally Ill Housing More Than 15 Persons Excluding Resident Staff.
1.
Minimum lot area, 40,000 square feet plus 10,000 square feet for every occupant over 15 residing on the premises.
2.
Side and rear yard requirements shall be as specified in the applicable zone.
3.
No community residence or community shelter shall be located less than 1,500 feet from any other such residence or shelter.
4.
The building shall meet all Fire Code requirements including installation of a fire alarm system which shall be connected with the Frankford Township Fire Department.
5.
Before a certificate of occupancy is issued, the Land Use Board shall review and approve a site plan.
6.
The maximum impervious surface requirement of the zone in which such use is located shall be adhered to.
7.
The proposed use shall maintain a residential appearance and shall be substantially similar to the existing surrounding residential development.
8.
Off-street parking shall be required and located in accordance with the requirements of this subsection on the basis of one additional off-street parking space for each two persons, excluding resident staff.
e.
Demolition Derbys. The following specific conditions shall be satisfied with respect to the use of a property as a demolition derby:
1.
A valid license shall be obtained from the Township Committee for the operation of the demolition derby prior to the use of any property for a demolition derby.
2.
In addition to the buffer requirements established as general conditions for all conditional uses in this zone, the following specific buffer requirement shall be satisfied with respect to the use of the property for demolition derbys. A buffer of 150 feet in all directions shall exist between the exhibition area on which the derby is conducted.
3.
A containment and collection system for oil, gas and other motor vehicle fluids shall be provided in a nature and type approved by the Land Use Board.
4.
Fire prevention and fire control measures shall be certified by the Fire Marshal to be acceptable and in compliance with all applicable safety codes.
f.
Garage (Repair) in the C-1, CED-1 and LI Zones.
1.
No such facility shall be located closer than 1,000 feet to any other such facility.
2.
Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from the street right-of-way line, at least 50 feet from a residential zone boundary and at least 25 feet from any property line.
3.
No such facility shall be located within 500 feet of any school, place of worship, hospital, library, park, playground, or other governmental or public facility or building.
4.
No such facility shall be located within 200 feet of a residence nor within 100 feet of a residential district.
5.
At least 25% of the lot shall be devoted to vegetative cover.
6.
Each such facility and site shall be screened by dense evergreens.
7.
Special paving and curbing requirements: Per Figure 4.3 of N.J.A.C. Title 5, Chapter 21.
8.
Driveway width: 24 feet to 36 feet.
9.
Minimum distance between driveway openings: 50 feet.
10.
Minimum distance of facility driveway(s) from driveways on adjacent properties: 20 feet.
11.
Curb radius: 20 feet to 35 feet.
No unregistered or disabled vehicles and no parts or equipment shall be stored outside, and all vehicle repairs shall be accomplished inside a building.
(a)
All storage tanks shall be installed below ground and otherwise in accordance with all prevailing laws, regulations and standards pertaining thereto.
(b)
Minimum lot size: 30,000 square feet.
(c)
Minimum lot width: 125 feet.
(d)
Minimum front yard setback: 50 feet.
(e)
Minimum side yard setback: 50 feet to building.
(f)
Minimum rear yard setback: 40 feet.
(g)
Maximum building height: 30 feet.
(h)
Maximum building coverage: 35%.
(i)
Maximum lot coverage: 75%.
g.
Golf Course Conditional Use. The purpose of this subsection is to develop larger tracts in a comprehensive fashion to protect the valuable, sometimes environmentally sensitive areas of the Township by conditionally permitting golf courses on tracts that might otherwise be subject to more intensive uses.
1.
Definitions. For purposes of this section, the following terms shall apply.
(a)
REGULATION COURSE – Shall mean a golf course and clubhouse, containing 18 holes with at least three different tees to accommodate different levels of play. The course must be a minimum of 6,000 yards long from the middle tees and play to a minimum par of 70, as submitted by the Golf Course Architect or rated by the U.S. Golf Association. The length of the course may be reduced to 5,800 yards, upon reasonable showing so long as a minimum area of 150 acres is maintained.
(b)
EXECUTIVE COURSE – Shall mean a golf course and clubhouse, containing 18 holes of golf with at least two different tees to accommodate different levels of play. The course must be a minimum of 3,000 yards long from the nearest tee and play to a minimum par of 58.
(c)
PAR-3 COURSE – Shall mean a golf course containing 18 holes of golf with at least two different tees to accommodate different levels of play. The course must be a minimum of 2,000 yards long from the nearest tee and play to a minimum par of 58. Typical holes shall range from between 75 and 240 yards.
(d)
PITCH AND PUTT COURSE – Shall mean a golf course containing nine or more par 3 holes. The course must be a minimum of 500 yards from the nearest tee to the green.
2.
Bulk Requirements. The following requirements shall be applicable to golf course conditional uses.
(a)
Minimum lot area.
Regulation Course | 150 acres |
Executive Course | 100 acres |
Par-3 Course | 45 acres |
Pitch and Putt | 5 acres |
(b)
Minimum distance to property lines. All tees, greens, cartpaths, and fairways shall have a minimum setback of 25 feet from any property line, unless a hardship is proven and it is demonstrated that the structure can safely be placed at a different proposed location with sufficient buffering, then the twenty-five-foot minimum setback can be waived down to 15 feet. All buildings shall be set back a minimum of 75 feet from any property line.
(c)
Lot frontage. Each lot shall have a minimum lot width at the street of 100 feet.
(d)
Maximum impervious coverage. The maximum lot coverage by impervious surfaces shall be 10%.
(e)
Height. The height requirements of the zones shall govern.
(f)
Lighting. All lighting shall be constructed so that all light is directed downward and ambient light shall be contained on the tract.
3.
Accessory Uses. The following accessory uses to a golf course use are permitted:
(a)
Clubhouse, including, but not limited to, a restaurant, grill, snack bar, banquet facility, conference rooms, locker room and bar.
(b)
Putting greens.
(c)
Pro-shop.
(d)
Parking lot.
(e)
Driving range.
(f)
Maintenance and storage facilities, areas and buildings.
(g)
Family amusement center provided it does not exceed 25% of the clubhouse building area, which need not be located within the Clubhouse and may include party rooms, ice cream and snacks and games. The floor space devoted to game use shall not exceed 20% of the total floor area of the family amusement center.
(h)
Training facility including classrooms.
(i)
Miniature golf.
(j)
Swimming pool.
(k)
Tennis courts.
(l)
Batting cages.
4.
Residential Uses Prohibited. Residential uses are prohibited as part of a golf course if located within the minimum lot area set forth in paragraph 2 of this subsection, except that a residence can be permitted if used as housing for the golf course's greenskeeper or golf course employee and their family.
5.
Parking Requirements. There shall be sufficient off-street parking spaces as per specific use as prescribed below.
(a)
Golf course. A minimum of three parking spaces per hole and one loading zone.
(b)
Pro-shop area. A minimum of one space per 200 square feet.
(c)
Clubhouse. A minimum of one space per every three seats not including conference or banquet rooms or snack bar for which parking shall be covered by the overall parking for the golf course.
(d)
Multiple golf course uses. If there are combined uses then the Land Use Board may allow less than the fully required parking spaces if it can be demonstrated through shared parking difference in the peak uses and similar methods that the proposed parking is safe and adequate.
6.
Performance Standards. The following shall apply to all golf courses. As these standards and their required submissions are very technical, the Board and the Township and their professionals reserve the right to retain additional professionals for the limited purpose of reviewing these submissions, at the applicant's expense. The applicant, by submitting a golf course application, consents to this procedure.
(a)
Integrated Pest and Turf Management (IPTM). The applicant shall provide a IPTM program and provide details concerning the management of turf and pest species including the type of seed mixes proposed, the use of endophytes rich and drought resistance grasses, the type and use of fertilizers, anticipated fate of fertilizers, the method of monitoring the need and use of pesticides and fungicides, emphasizing the integration of surveillance, mechanical, preventative and biological techniques. A list of pests most frequently encountered in golf course turf and a selection of proposed treatment techniques shall be submitted. The possible use of fertigation must be addressed.
(b)
Groundwater monitoring program. The applicant shall submit a groundwater monitoring plan, including, at a minimum, an annual sampling of outfall from at least three greens. Upon establishment of the course, sampling shall occur for three consecutive years. If there are satisfactory results, then the sampling will occur every five years thereafter. At any time an unsatisfactory result is received, three years of consecutive satisfactory sampling shall be required. If there is a surface stream outfall from the predevelopment tests, annual summertime post-development tests will be required. The plan shall include a program schedule, showing sampling locations and timetables, and a parameter list, showing the elements the applicant is proposing to sample for. The initial groundwater report and annual tests will be submitted to the Township Engineer or, at the Township Engineer's request, any other professional agency with expertise in this field, whose review costs will be paid for by the applicant.
(c)
Irrigation system design. The applicant will provide details on the type of irrigation system (if any) that is proposed. This requirement shall be satisfied only upon and be a condition of any application for final approval. Irrigation details shall include the number, types and spacing, of sprinkler heads, gallons per minute and pressure at which the system will operate, and any method, including weather monitoring, which will be used to determine the need and timing for irrigation. The applicant shall submit details showing the method used to determine evapotranspiration, rainfall, wind and its influence and impact upon the irrigation system. The possibility of irrigation using reclaimed water and fertigation should be explored.
(d)
Wildlife management plan. The applicant shall provide a wildlife management plan for the facility which shall include a map of the different forest stages on the site, a listing of rare, endangered and threatened species habitating near or on the site, with information provided by the New Jersey Natural Heritage Program Database, a list of the common species found on the site, details showing how spawning, breeding, nesting, resting, and feeding habitats will be, both pre- and post-development for resident and migratory wildlife, and details of all proposed habitat enhancing activities such as bird boxes, nesting areas, feeding stations and plantings proposed.
(e)
Phasing. The applicant may elect, upon preliminary site plan application, to submit a phased plan, which must include an overall viable concept plan. Any first phase may include any golf course as defined under Section 30-1027.2g1 or may include only any accessory use under Section 30-1027.2g3 excluding, however, accessory uses (g), (j), (k) and (1). The accessory uses (g), (j), (k) and (1) may only be approved in conjunction with final approval of a regulation or executive golf course.
7.
Preliminary Site Plan Required. The applicant shall submit the following details for a golf course. Any proposed buildings, parking areas, drainage structures, accessory structures or uses shall conform to the Frankford Township Site Plan Review Ordinance. The applicant may choose to apply for the golf course-separately from the clubhouse or other accessory uses so as to speed up the initial start of site clearing due to the time it takes to establish turf and the essential agricultural aspect of this development. Nothing in this section or in other sections, shall prohibit the Land Use Board from requesting additional information which it deems necessary to make an informed decision upon an application. The following details shall be, at minimum, required as part of a golf course application.
(a)
A survey of the entire tract, prepared and sealed by a New Jersey licensed surveyor, with the portion to be occupied by the golf course and any accessory uses clearly delineated.
(b)
Existing topography of the site shown at least two-foot contours, showing the golf course part of the project along with any accessory uses, and the natural features of the site such as tree lines, stone walls, open fields an existing structures.
(c)
Delineations of any wetlands on the property shall be shown with a surveyed wetland line and approval shall be subject to the confirmation of the line by a Letter of Interpretation from DEP. If applicable, applicant can satisfy this submission requirement with a Letter of Absence of Wetlands.
(d)
A conceptual layout of the golf course, prepared by a professional golf course architect who qualifies as an expert by the Board based upon experience and training shall be submitted. Details on the layout plan shall include proposed buildings, parking areas, cartpaths, greens, tees, hazards, fairways, and the location of any accessory uses.
(e)
Plans showing the location and extent of any clearing on the site; clearly flagged in the field for the purposes of inspection by Township Officials.
(f)
A Soil Conservation Plan meeting the requirements of the Sussex County Soil Conservation District.
(g)
An Environmental Impact Statement meeting the requirements of Section 30-1027.2g6 and any other applicable Frankford Township Ordinance.
8.
Final Site Plan Approval. A final site plan shall be submitted in conformance with the requirements of the Frankford Township Site Plan Review Ordinances.
h.
Home Occupations. Home occupations subject to the following conditions:
1.
No more than two persons not residing in the building shall be employed on the premises.
2.
The residential character of the premises shall remain substantially unchanged.
3.
The building shall continue to serve as the principal residence of the home practitioner.
4.
Not more than 40% of the total floor area of the building may be used for the home occupation.
5.
All of the bulk requirements for the AR Zone pursuant to the Schedule of Limitations shall be satisfied.[1]
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
6.
Indoor storage of material shall consist only of office supplies.
7.
The home occupation operates no equipment that creates noise, vibration, glare, fumes, odors or electronic interference including interference with telephone, radio or television reception detectable by neighboring residents.
8.
The use does not require any increased or enhanced electrical or water supply.
9.
The quantity and type of solid waste disposal is the same as other residential uses in the AR Zone.
10.
Delivery trucks shall be limited to the US Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the AR Zone.
11.
All vehicular traffic to and from the home occupation shall be limited in volume, type and frequency to what is normally associated with other residential uses in the AR Zone.
i.
Home Professional Offices. Home Professional Offices subject to the following conditions:
1.
No more than two persons not residing in the building shall be employed on the premises.
2.
The residential character of the premises shall remain substantially unchanged.
3.
The building shall continue to serve as the principal residence of the professional practitioner or business person.
4.
Not more than 40% of the total inhabitable floor area of the building may be used for the professional office.
5.
Off-street parking shall be provided as follows:
(a)
One space per 200 square feet of office area, plus two spaces for the resident family, not counting garage spaces.
6.
All of the bulk requirements for the AR Zone pursuant to the Schedule of Limitations shall be satisfied.[2]
The home professional office operates no equipment that creates noise, vibration, glare, fumes, odors or electronic interference including interference with telephone, radio or television reception detectable by neighboring residents. No permanent residency shall be allowed within a campground facility.
[2]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
j.
Hotels in the CR Districts.
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as follows: one space per room; plus one space for every 200 square feet of all other areas.
3.
All parking facilities shall be located at least 10 feet from a street or property line.
4.
Minimum lot size: three acres.
5.
Minimum lot width: 125 feet.
6.
Minimum front yard setback: as per district requirements.
7.
Minimum side yard setback: as per district requirements.
8.
Minimum rear yard setback: as per district requirements.
9.
Maximum building height: 75 feet or 25% of design setback, whichever is less.
10.
Maximum building coverage: 35%.
11.
Maximum lot coverage: 75%.
k.
Institutional Uses in Any District.
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as per the requirements for such uses contained in this chapter.
3.
All parking facilities shall be located at least 10 feet from a street or lot line.
4.
The architectural design of the facility shall be in accord with the prevailing character of the neighborhood and district, and shall be complementary to historical or other desirable examples of local architecture.
5.
All bulk requirements for the respective zone pursuant to Schedule B[3] shall be satisfied.
[3]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
l.
Miscellaneous Agricultural/Residential Conditional Uses:
1.
The following uses shall be conditional uses, within the Agricultural/Residential Zone:
(a)
Athletic events limited to races, walkathons, or other competitions that do not involve the use of vehicles powered by anything other than human muscle power.
(b)
Group camping for limited periods, as limited and defined below.
(c)
Craft and hobby shows or exhibits.
(d)
Motor vehicle and recreational vehicle shows.
(e)
Demolition derbies (See subsection 30-1027.2e).
2.
The following conditions shall apply to all conditional uses listed in subsection l above:
(a)
The property on which the use occurs shall consist of no less than 100 contiguous acres and shall have frontage on Plains Road and/or such other road specifically found by the Land Use Board to be suitable and appropriate for ingress to and egress from the uses proposed.
(b)
No more than 8,000 attendees shall be permitted on the property at any one point in time. For purposes of this subsection, attendees shall include all persons on the property, including, but not limited to compensated workers, volunteers, guests and visitors.
(c)
No more than 4,000 motor vehicles shall be permitted on the property at any one point in time. For purposes of this subsection, motor vehicles shall include, but not be limited to cars, trucks, R.V.'s, motorcycles, and all terrain vehicles.
(d)
A minimum buffer of 100 feet in width shall be maintained around the entire perimeter of the property between all uses on the property (including parking) and all adjacent properties.
(e)
No less than one on-site parking space shall be provided for every two attendees as that term is defined above. All parking spaces must be located on the premises.
(f)
Prior to the commencement of any use, the following conditions shall be satisfied:
(1)
An adequate potable water supply shall be provided in a manner approved by the Board of Health.
(2)
An adequate sanitary facility shall be provided at all times in a manner approved by the Board of Health.
(3)
Adequate receptacles and facilities for the proper pickup and disposal of all garbage, refuse and other solid wastes shall be provided.
(g)
All outside lighting shall be installed so that beams are directed so as not to cause glare in adjoining buildings or properties or on public streets or roads.
(h)
There shall be no emission which can cause any damage to health, or property of any type or which can cause soiling of sedimentation.
(i)
There shall be no operational noise measured from any point on the property line of the property which shall be either continuous, or so loud, raucous or cacophonous as to be offensive to other persons in the neighborhood.
(j)
There shall be no emission of odorous gases or other matter as to be offensive at any property line of the property.
3.
The following conditional uses shall satisfy the following, specific conditions for each use, in addition to satisfying the general conditions listed in Section 30-1027.1.
(a)
Campgrounds.
(1)
The property owner must comply with all regulations of the Campground Code promulgated by the State of New Jersey.
(2)
Campground occupancy shall be consistent with State regulations.
(3)
[a]
All bare light sources shall be shielded from direct view. Moving or flashing illumination is not permitted. Advertising signs or devices are not permitted.
[b]
Location. No tent, R.V., trailer or other overnight facility shall be less than 100 feet from any public right-of-way or from the property line. No campsite shall be located less than 50 feet from the bank of any stream or within 50 feet of any shore line or any area subject to periodic inundation from surface or subsurface water.
[c]
Sewage disposal. An acceptable method of disposal for all sewage, in accordance with all State and local health requirements must be established prior to actual use.
[d]
Rules to be filed. All rules and regulations governing the use of the property for group camping proposed to be established by the owner shall be submitted to and approved by the Land Use Board. Once approved by the Land Use Board no changes shall be made without Land Use Board approval.
[e]
Statement of operator. The owner or operator of the property used for group camping shall file with the Township Clerk a statement giving the name, address and telephone number of the person principally responsible for the operation of the campground, to whom any complaints for violations of this or any other ordinance of the Township can be referred to for correction. The owner or operator shall immediately notify the Township Clerk of any change in the name, address or telephone number of said responsible person.
(4)
[4]This use shall be limited to the periods of April 1 to October 31 of each year.
[4]
Editor's Note: Former Subsection l3(a)(4), which prohibited campfires and outdoor fires of any type, was repealed 2-9-2021 by Ord. No. 2021-002. This ordinance also provided for the redesignation of former Subsection l3(a)(5) and (6) as Subsection l3(a)4) and (5).
(5)
Outdoor storage of materials or equipment shall be prohibited except where the same is appropriate or necessary to the safety and/or reasonable function of the facility.
(b)
Hobby or craft shows or exhibits.
(1)
No exhibit, demonstration, or display structure shall be located, or performed less than 100 feet from a public right-of-way or property line.
(2)
Outdoor storage or display of materials for the primary purpose of retail or wholesale sales is prohibited, although sales of items incidental to the exhibits or shows is permitted.
m.
Places of Worship. Places of worship shall be permitted in all districts in accordance with the following requirements.
1.
Such use shall be subject to site plan review and approval.
2.
Lot Area: Minimum lot area shall be five acres.
3.
Frontage: Minimum street frontage shall be 200 feet.
4.
Front Yard: Minimum front yard depth shall be 100 feet.
5.
Side Yards: Minimum side yards shall be 50 feet.
6.
Rear Yard: Minimum rear yard depth shall be 100 feet.
7.
Parking. All parking shall be located in the rear or side yards and a minimum of 25 feet from any property line and shall be screened from view from adjacent properties.
8.
Residences for clergy shall be permitted on the same lot as the place of worship and shall meet all bulk requirements of the zone where located.
n.
Public swimming pools or private club pools intended for open use of thee public or to club members shall adhere to the following standards:
1.
The pools shall be located within a lot area of a minimum of five acres within such area may also be located clubhouses, open space, terraces, recreational uses, cabanas, etc. Where the pool is located in a tract in excess of five acres in area on which other recreational facilities are provided, a specific allocation of the five acre area does not have to be provided.
2.
The pool shall occupy no more than 8% of the lot area. The area shall include total water surface including separate wading pools, swimming tanks, and diving tanks.
3.
No edge of any pool or separate swimming tank shall be closer to any property line than 150 feet.
4.
The pool shall be enclosed with a fence or, in lieu thereof, located on a terrace, or landscaped, or surrounded by structures or any combination of the above or similar techniques in order to control access to the immediate pool area.
5.
The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All freestanding standards used for exterior lighting shall not exceed 25 feet in height and shall be no closer than 25 feet to the edge of any pool. All lighting shall be in compliance with the applicable State Uniform Construction Code.
6.
All pools shall be constructed below the surface of the ground except that nothing shall prohibit pool areas from being terraced on side hill locations.
7.
All pools shall be landscaped to effectively screen the view of the pool from neighboring properties.
8.
All loudspeakers or public address systems shall be located or in the immediate area of the pool and be directed so that said speakers are not directly aimed at any adjacent residential buildings.
9.
One off-street parking space shall be provided for every 30 square feet of water surface. Such parking facilities may be included with other parking areas associated with clubhouses, other recreational uses and similar uses as part of a total site plan.
o.
Pools included as a part of the overall development of an apartment use whether open to the public or used as a private facility for the residents or guests, shall adhere to the following standards:
1.
Pools shall be located in the side or rear yards only and within an area no less than 4,000 square feet that is devoted to the use of the pool.
2.
The total area of the surface of the water including separate wading pools, swimming tanks and diving tanks shall be no more than 40% of the land area devoted to the use of the pool.
3.
No edge of any pool or separate swimming tank shall be closer to any building or property line than 20 feet.
4.
The total land devoted to the use of the pool shall be enclosed with a fence no less than eight feet in height nor more than 10 feet in height.
5.
The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any apartment use or adjacent property. All lighting shall be in compliance with the applicable State Uniform Construction Code.
6.
All pools shall be constructed below the surface of the ground and outside.
7.
If any portion of the pool, part of the land devoted to the use of the pool, light standard or loudspeakers are located closer than 40 feet to any residential building located outside this property, adequate dense buffers of trees and shrubs shall be provided.
All pools referred to above shall have all the areas surrounding the pool made and kept neat and attractive so as to be in conformity with surrounding property, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool. |
p.
Recreational Facility (Commercial) in the CR District.
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as follows: 1 space per 200 feet of building common area, plus 1 space per room, plus 1 space per acre, plus 1 space per 30 square feet of pavement or deck, plus 0.8 space for each exercise station.
3.
All parking facilities shall be located at least 10 feet from a street or property line.
4.
Minimum lot size: as per district requirements.
5.
Minimum lot width: 250 feet.
6.
Minimum front yard setback: 100 feet.
7.
Minimum side yard setback: 100 feet.
8.
Minimum rear yard setback: 100 feet.
9.
Maximum building height: 75 feet or 25% of design setback, whichever is less.
10.
Maximum building coverage: 15%.
11.
Maximum lot coverage: 30%.
q.
Restaurants. Conditional in all nonresidential zones:
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as follows: 1 space for every 3 seats, plus 1 space per every bar seat.
3.
All parking facilities shall be located at least 10 feet from a street or property line.
4.
Minimum lot size: five acres.
5.
Minimum lot width: 150 feet.
6.
Minimum front yard setback: 50 feet.
7.
Minimum rear yard setback: 50 feet.
8.
Maximum building height: 35 feet.
9.
Maximum building coverage: 35%.
10.
Maximum lot coverage: 75%.
r.
Shopping Center in the C-2 and CED-2 Zones.
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as follows: 1 space per 120 square feet of gross building area.
3.
All parking facilities shall be located at least 10 feet from a street or property line.
4.
Minimum lot size: five acres.
5.
Minimum lot width: 200 feet.
6.
Minimum front yard setback: 75 feet.
7.
Minimum side yard setback: 50 feet.
8.
Minimum rear yard setback: 75 feet.
9.
Maximum building height: 35 feet.
10.
Maximum building coverage: 35%.
11.
Maximum lot coverage: 75%.
s.
Wireless Telecommunications Towers, Equipment and Facilities Conditional Use Requirements. The Township of Frankford has recognized the need to permit cellular/wireless telecommunications equipment and facilities in appropriate locations in the Township.
The intent of this subsection is to allow these facilities and towers as conditional uses in all commercial and light industrial zones. The conditions applicable to telecommunications providers are designed to encourage co-location or the placement of antenna on existing municipally owned utility structures, existing commercial or industrial sites, at new locations or lastly, multiple towers at lower heights provided stealth technology is employed. Telecommunications providers are specifically prohibited from constructing towers or placing telecommunications antennas within residential areas except on existing municipal buildings and structures locations with municipal permission and from constructing isolated, multiple-user, taller towers, in random locations throughout the Township, which will thereby create a negative visual impact. All of the following sections are conditions of this conditional use:
1.
Location Criteria.
(a)
Location priorities. Locations are enumerated below in the order of the location priority:
(1)
In or upon existing municipally owned buildings and structures wherever located which need not be concealed nor have height restrictions and not exceeding the zone height restriction or the existing municipal structure by 10% or 10 feet, whichever is less or completely concealed in existing lawful structures in nonresidential zones, or within or upon existing structures in the Commercial and Light Industrial Zones providing stealth technology is used and structures are within the zone height limitations.
(2)
Constructing new towers or replacing existing towers in nonresidential zones.
(b)
Stealth technology must be used in all nonmunicipal installations and monopoles (freestanding) for all new towers to reduce visual impact.
(c)
Point-to-point microwave antennas on the mast of towers are prohibited and landlines must be used.
(d)
Certain residential areas and uses are to be protected from the actual or perceived adverse impacts of wireless telecommunications towers, antennas and facilities.
(e)
To minimize the height and visual negative impact of towers throughout the community, owners and users of towers, antennas and related facilities are required to construct and configure these structures in such a way as to minimize the perceived adverse visual impact of towers and antennas through careful design, siting, landscape screening, and innovative stealth camouflage techniques.
2.
Telecommunications towers, equipment and facilities are permitted conditional uses, subject to the following conditions.
(a)
Zoning. Municipal telecommunications towers and antennas as described below are permitted in all zones so long as constructed on municipal buildings and structures, while all other telecommunications towers and antennas are limited to commercial and light industrial zones.
(b)
Site location analysis. Every application for a telecommunications tower or antennae shall include a site location alternative analysis, including an analysis of the location priorities set forth in paragraph 1 of this subsection, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(1)
How the proposed location of the wireless telecommunication tower or antenna relates to the objective of providing full wireless communication services within the Frankford area at the time full service is provided by the applicant and by other providers of wireless telecommunications services within the Frankford area.
(2)
How the proposed location of the wireless telecommunications tower/facility relates to the location of any existing antennas or towers within or near the Frankford area.
(3)
How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennas or towers within and near the Frankford area by the applicant, and by other providers of wireless telecommunications services within the Frankford area.
(4)
How the proposed location of the wireless telecommunications tower/facility relates to the objective and goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated, taller towers with many users at greater tower heights at random locations throughout the Township.
(c)
Existing structures.
(1)
Nonmunicipal structures.
(i)
Towers or antennas meeting the zone requirements are permitted in all commercial and light industrial zones provided they are concealed in existing lawful structures or constructed as stealth tower structures as defined elsewhere in this subsection, while meeting the height limitation requirements of the zone.
(ii)
Existing lawful antennas on existing towers may be replaced or modified provided that:
[a]
Application is made pursuant to N.J.S.A. 40:55D-68 for a certificate certifying a lawful nonconforming antenna and tower exists; or lawful antennas are acknowledged or approved as part of a variance application granted after the year 2000, thereby exempting the applicant for the need for §68 certification;
[b]
The replacement or modification is for the antenna and its mount only and not any part of the tower;
[c]
The antenna being replaced or modified is of the same or smaller dimensions as the existing antenna;
[d]
If stealth in nature, the new antenna also meets the stealth requirements;
[e]
The applicant has the written consent of the owner for such a change and notifies the Zoning Officer of the specifics by way of a letter and catalogue cut sheet of the proposed antenna at least twenty (20) days before the intended change; provided, however, that in the event an existing antenna fails or malfunctions and needs immediate replacement or modification, the antenna may be immediately replaced or modified as long as the applicant provides a letter and catalogue cut sheet to the Zoning Officer of the specifications of the replacement antenna within twenty (20) days after the replacement or modification is made. The Zoning Officer may require additional documentation or clarification as to the size, use or function of the antenna. The new antenna user, i.e. telecommunications company, shall be denoted and the exact location of the change shall be noted on an existing approved site plan.
[f]
Provided the required documentation is presented to the Zoning Officer, he shall refer it to the Site Plan Waiver Committee for approval upon which the Zoning Officer shall issue a zoning permit exempting the applicant from use variance and/or site plan approval. Any subsequent tower application requiring either use variance or site plan shall include all updated information as to the total number of antennas and their specific usage.
[g]
If site plan waiver is denied, the applicant may appeal to the Land Use Board for a determination or alternatively file for site plan or other relief.
(2)
Municipal Structures. Municipal Structures. Existing, municipally-owned buildings and structures, such as water tanks, and municipally-owned towers located in any zone may be used for the installation of antennas to service the wireless telecommunications industry, provided a license or lease authorizing such antenna or tower has been approved by the Township of Frankford. However, the Township may, as a condition of such lease, require site plan approval. The decision to extend such licenses or leases to an applicant shall be vested solely with Frankford Township which shall not be governed by this Ordinance. The Township of Frankford in its absolute discretion reserves the express right to deny all uses of its property for antenna or towers.
(3)
Towers or antennas may also be located on power transmission line systems such as pylons provided they satisfy the stealth requirements and either (a) meet the zone height limitations or (b) do not exceed the structure height by the lesser of ten (10%) percent or ten (10) feet.
(d)
New wireless freestanding telecommunications towers, equipment and facilities. For towers which do not satisfy criteria of paragraphs (c)(1), (2) or (3) above,
(1)
Lot size. 10 acre minimum (except for municipal property which has no minimum area requirement).
(2)
Maximum tower height. For towers not meeting the requirements of paragraph (c)(1) above, one hundred (100) feet or twenty-five (25) feet above the mean tree canopy, whichever is less. Mean tree canopy shall be derived from marking all trees twelve (12) inches in diameter or greater measured four and one-half (4.5) feet above grade within a two (2) acre area surrounding the tower site. The height of the trees shall be calculated by a professional licensed surveyor in the State of New Jersey. Absence of a suitable stand of trees for concealment renders the site unacceptable. No tower shall have a height or location which would require Federal Aviation Administration lighting. Lightning rods are excluded from tower or antenna height calculations.
(3)
Setback distances. For safety reasons concerning tower fall zones and further to insure that appropriate setbacks exist, a telecommunications tower, supports, anchoring and related facilities must be set back 300 feet as measured from the base footprint of the tower or facility to any structure, lot line or parking lot, or similar area where people congregate at any given time. For example, a tower must be set back at least 300 feet as measured from its base from any adjacent lot, sports field or ball field, playground, parking lot, picnic area, building, home, etc.
(4)
Tower locations shall comply with any buffering required for lots adjacent to residential zones or uses.
(5)
Visual compatibility requirements and construction details for the installation of wireless telecommunications towers. Monopole tower construction shall be used in all new tower construction. Additionally, applicants are required to use the latest stealth or camouflaging techniques to make the tower appear to be a tree of native species and to blend in with surrounding trees. All towers shall be fitted with anti-climbing devices.
(6)
Equipment storage. No equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall be stored or parked on the site unless repairs to the facility are being made.
(e)
Telecommunications tower permitted accessory structures or uses.
(1)
Accessory Equipment Sheds.
[a]
Maximum height: 15 feet.
[b]
Maximum area: 1,500 square feet.
[c]
Fencing. All equipment sheds shall be located immediately adjacent to the tower it services. All equipment sheds and tower bases shall be enclosed with a security chain link or wood fence of at least seven feet in height, but no higher than eight feet topped with three strands of barbed wire unless otherwise approved by the Township Engineer. All fences shall include a locking security gate and a copy of the key to this gate shall be supplied to the Township.
(f)
General conditions applying to all towers and antennas.
(1)
Noise levels. All noise generated by a tower and/or the equipment shed shall meet the minimum standards contained in all State, Federal or local noise regulations.
(2)
Co-location conditions and limitations. Any new tower or reconstructed tower approvals shall allow the future co-location as set forth in this section. Co-location by two or more telecommunications providers is encouraged on one tower provided that by co-locating, all conditions of this subsection are satisfied.
[a]
In the event a proposed tower for an existing or future co-location cannot be constructed within the permitted height limitations, then such co-location is prohibited and instead, an alternate site or method shall be used but if unavailable, then a second tower to comply with the height limitations shall be constructed. Notwithstanding the foregoing, a maximum of two towers per lot is permitted.
[b]
No tower may be designed or built to co-locate with another telecommunications provider at a height greater than the maximum permitted by this subsection.
[c]
In the event any co-location is proposed, a letter of commitment shall be filed by the applicant to lease excess space on the tower or any other tower in the Township owned or controlled by the applicant to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to the issuance of a building permit and shall be binding upon the tower owner, property owner and successors in interest.
(3)
Structural report. Upon the issuance of a building permit for a wireless telecommunications tower site, the owner or operator of the site shall provide to the Township Engineer, Township Planner and Township Zoning Officer, an initial report signed and sealed by a licensed professional engineer, certifying the estimated useful structural life of the tower as well as providing an initial inventory of all equipment and antennas on the site. After 50% of the useful structural life has lapsed, annual recertification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided whenever antenna arrays are modified and shall include a detailed listing of all antennas and equipment. All vendors and lessees shall also be required to notify the above Frankford Township officials when the use of such antennas or equipment is discontinued. If any of the reports disclose that a condition of any tower presents an imminent hazard to the public health, safety or welfare, or that the tower antennas and equipment are no longer in use, the Township Engineer or Zoning Officer shall order the owner of the tower or site upon which it is located, to take appropriate corrective action including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers and sites shall be maintained to insure continued structure integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site so as to assure that it does not create a visual nuisance.
(4)
Abandonment and removal. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Frankford notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified. Determination of the date of abandonment shall be made by the Zoning Officer, who shall have the right to request documentation and/or affidavits from the communications tower owner/operator regarding the active use of the tower. Failure to remove an obsolete, outdated or abandoned antenna or tower within 90 days shall be grounds for the Township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower or same is deemed obsolete or outdated by the Township. The condition for the issuance of any permit to construct a tower or antenna is a deed restriction of the property owner and agreement by the applicant or co-users in a developer's agreement to remove the tower and restore the property at the owner, applicant or co-users' expense, jointly and severally, as determined by the Township Engineer for such construction as required under all applicable Township ordinances.
(5)
Signs prohibited. No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings, equipment information, and safety instructions. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.
(6)
Lighting. No lighting is permitted except as follows:
[a]
The equipment building and compound may have security and safety lighting at the entrance, provided the lighting is attached to the facility, is focused downward and is wired with a timing device and/or sensor so that the light is turned off when not needed for safety or security purposes.
[b]
No lighting is permitted on the wireless telecommunications tower.
(7)
Multiple towers and uses. Any prohibition contained in any ordinance restricting the number of principal uses per lot shall not apply to the construction of wireless telecommunications towers and facilities when the conditions contained in this subsection are met. The minimum setback distance between structures shall not apply to PCS ("Personal Communications Systems") providers and those providers who are licensed to transmit within the 800 MHz frequency band.
(8)
RF radiation. The application shall comply with the New Jersey Radiation Protection Act and regulations and any other Federal or local regulations in effect. The applicant shall demonstrate compliance with such standards.
(9)
Site plan approval. Site plan approval shall be required for any wireless telecommunications tower, equipment or facilities, except as may be exempted in paragraphs 2(c)(1)[b] and 2(c)(2).
(10)
Additional municipal experts. The Land Use Board reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a telecommunications tower or facility, the applicant is aware of this procedure.
t.
Accessory Dwelling Units Located on Farms in the AR, C2, CR and LI Zones.
1.
The farm shall be at least 20 acres or greater in size.
2.
Each accessory dwelling unit shall have its own, separate septic system.
3.
The accessory dwelling unit shall be at least 600 square feet and no more than 1,200 square feet.
4.
No more than one accessory dwelling unit shall be permitted on any farm and the accessory dwelling unit shall be a separate structure and detached from the principal dwelling.
5.
Occupancy of the accessory dwelling unit is restricted to the subject farm workers and their immediate family members.
6.
No rent may be charged for any accessory dwelling unit and the occupant of the accessory dwelling unit shall work on the farm in exchange for occupancy.
7.
The access to the accessory dwelling unit must be via the same driveway as the access to the principal dwelling.