Franklin Township City Zoning Code
§ 90-54
General regulations.
A.
Conformity to area regulations. Except as previously or hereinafter provided, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge or structurally alter any building or structure except in conformity with the regulations of the district in which such building or structure is located.
B.
Conformity to use. Except as previously or hereinafter provided, it shall be unlawful to use any land or building for any purpose other than as permitted in the district in which such land or building is located.
C.
Pending application for building permits. Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction from such plan shall be or shall have been started within 60 days from the date of issuance thereof and shall be diligently pursued to completion.
D.
Open space.
(1)
No open space contiguous to any building shall be encroached upon or reduced in any manner except in conformity with the yard, lot, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated elsewhere in this chapter for the zone for which the building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter, and the certificate of occupancy for such building shall become null and void.
(2)
No open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing open space for any other building.[1]
[1]
Editor's Note: Former Subsection D(3), Common open space, added 3-3-1987 by Ord. No. 87-4, as amended 6-12-1989 by Ord. No. 89-6, and former Subsection E, Appearance of building, both of which followed this subsection, were repealed 8-24-1992 by Ord. No. 92-6 and 8-8-1994 by Ord. No. 94-6.
E.
[2]Nuisances; open storage; sidewalk displays.
(1)
No store, shop or office in any building shall use any noise-making instruments, such as phonographs, loudspeakers, amplifiers, radios, televisions or similar devices, which are so situated as to be heard outside the building; provided, however, that nothing herein shall be deemed to prohibit the playing of holiday music in commercial districts in connection with holiday displays and decorations sponsored by any civic or business group and approved by the Township Committee.
(2)
No objectionable smoke, fumes or unusual odor shall be emitted from any building in any zone, nor shall any accumulation of trash, garbage, offal, junk or the like be permitted, except those inherent to the specific zone.
(3)
The storage or display of merchandise on the exterior of any building or on any public street or sidewalk is prohibited, except as otherwise specifically permitted and regulated in this chapter, but this section shall not be construed to prohibit the maintenance of garden shops, restaurant terraces and similar areas maintained in connection with a store or other business establishment, provided that such areas are enclosed by a wall, trellis or screened planting at least four feet in height.
F.
[3]Buildings and lots.
(1)
No lot shall have erected upon it more than one residential building or one primary use, except as otherwise specifically authorized in this chapter.
[Amended 3-12-1984 by Ord. No. 84-3]
(2)
Porches, balconies, breezeways and terraces shall not be considered as part of a principal structure and may project into required open spaces.
(3)
The height limitations of this chapter shall not apply to chimneys, house of worship spires, standpipes, gables, cupolas, flag poles, monuments, television antennas or towers, cables, lofts, silos or water tanks, elevator housings and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no such exception shall cover at any level more than 10% of the area of the roof on which it is located.
[Amended 9-28-1987 by Ord. No. 87-9; 6-9-2003 by Ord. No. 2003-13]
(4)
An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.[4]
[4]
Editor's Note: Former Subsections G(5) through (7), which dealt with accessory building restrictions, as amended 3-12-1984 by Ord. No. 84-3, and former Subsection H, Commercial vehicles in residential districts, as amended 3-12-1984 by Ord. No. 84-3, all of which followed this subsection, were repealed 8-24-1992 by Ord. No. 92-6 and 8-8-1994 by Ord. No. 94-6. See now § 90-56C(2) and (3).
H.
Swimming pools. Private swimming pools, whether in-ground or aboveground, shall conform to all yard and setback requirements for detached accessory structures of the zone in which located and shall comply with the requirements of the State Uniform Construction Code.
[6]
Editor's Note: Ordinance Nos. 92-6 and 94-6 also renumbered former Subsection J as Subsection H and repealed former Subsection K, Public utility structures, and former Subsection L, Design of structures in residence zones, both of which followed this subsection. For provisions regarding design of structures in residence zones, see § 90-56C(4).
J.
[8]Keeping of domestic livestock.
[Amended 6-9-2003 by Ord. No. 2003-13; 12-6-2021 by Ord. No. 2021-10]
(1)
"Domestic livestock" shall mean cattle, horses, poultry, rabbits, small ruminants and swine, as each is defined by the Department of Agriculture in N.J.A.C. 2:8-1.2. "Livestock" shall also mean camelids, including llamas and alpacas.
(2)
All domestic livestock shall be kept and cared for in a humane fashion consistent with the feeding, watering, keeping, care, and treatment provisions for each type of domestic livestock, as established by the Department of Agriculture in N.J.A.C. 2:8-2.1 through 2:8-6.7. Camelids shall be subject to the regulations for horses.
(3)
The keeping of swine shall be prohibited except on farms that have been certified by the Warren County Agricultural Development Board as commercial farms.
(4)
No structure, including fencing, designed to house any poultry or rabbits shall be located closer than 25 feet from any residential dwelling on adjacent property. All structures, exclusive of fencing, designed to house cattle, horses, small ruminants or camelids shall comply with the applicable minimum setbacks for accessory structures in the applicable zone where the property is situated.
(5)
The number of poultry and/or rabbits that can be maintained on any property that is not farmland assessed shall be limited to no more than a total of 10 animals. The keeping of roosters shall be expressly prohibited on any property that is not farm assessed.
(6)
Horses, cattle, small ruminants, and camelids shall not be permitted to be kept on property that is not farm assessed, however, but will be allowed on properties of six acres or more.
(7)
Any domestic livestock being maintained on any property not in conformance with this section shall be permitted to remain as a preexisting nonconforming use. However, no such existing domestic livestock shall be permitted to be replaced with new livestock except in conformance with this section.
(8)
The provisions of this section may be enforced by the Township's Zoning Officer, the Township's Animal Control Officer, or other authorized individuals from the County of Warren Board of Health and/or the New Jersey Department of Agriculture.
K.
Regulations for renewable energy facilities.
[Added 9-12-2011 by Ord. No. 2011-7]
(1)
Solar and photovoltaic facilities.
(a)
General requirements. The following general requirements shall apply to solar and photovoltaic facilities, regardless of whether they are accessory or permitted uses.
[1]
Systems shall be permitted to be ground mounted and mounted to principal and accessory structures and buildings. Systems mounted to the roof of a principal and/or accessory structure and/or building must be contained within the roof area of that structure and/or building.
[2]
The following standard shall apply when a proposal on a parcel or parcels exceeds a ratio of 1:5, with one representing the area upon which the facility is constructed and installed (including the aggregate area of multiple systems), and five representing the area used for another purpose(s), or when the facility is constructed and installed on an area of 10 acres or greater (including the aggregate area of multiple systems), whichever is first applicable:
[a]
The facility shall be considered a principal use. Smaller facilities (pursuant to the above) shall be considered accessory uses.
[3]
Solar panels shall not be counted in the calculation of impervious cover, for stormwater calculation purposes, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement. All other impervious surfaces associated with the solar energy system (i.e., concrete pads, access roadways, etc.) shall be considered as impervious for stormwater calculation purposes. The design of the systems shall comply with all Township stormwater, grading, and soil disturbance regulations, and the applicant shall take appropriate measures to prevent a concentrated flow of runoff.
[4]
Ground-mounted systems within an area less than 1,000 square feet (including the aggregate area of multiple systems) shall require a zoning permit only subject to demonstrated compliance with all other provisions of this Ordinance.
[5]
Ground-mounted systems contained within an area greater than 1,000 square feet (including the aggregate area of multiple systems) up to 10 acres shall require minor site plan approval prior to obtaining a zoning permit. Systems greater than 10 acres in size shall require preliminary and final major site plan approval prior to obtaining a zoning permit.
[6]
Ground systems greater than 1,000 square feet shall provide one or more of the following beneath the solar panel structures: meadow grasses or agricultural area for crops or grazing farm animals.
[7]
Where the subject site consists of active agriculture, site disturbance, including but not limited to grading, soil removal, excavation, and soil compaction, including beneath a ground-mounted system, shall be minimized to the extent practical so that the subject site can subsequently return to active agricultural production after the useful life and removal of the solar energy facility.
[8]
Installation of the solar panel structures shall to the extent practical be accomplished without the use of footings, concrete, or other impervious surfaces.
[9]
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Roadways shall be designed to accommodate appropriate fire-fighting equipment, including areas for parking and turnaround of vehicles as well as adequate clearance between solar structures to permit the opening of doors and equipment.
[10]
Wooded sites may not be clear cut to construct renewable energy facilities.
[11]
Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for a solar or photovoltaic system.
[12]
All electrical and control equipment shall be labeled and secured to prevent unauthorized access in accordance with the National Electric Code (NEC) and state solar regulations.
[13]
All solar and photovoltaic facilities shall provide a Knox-Box®, or approved equal, to allow twenty-four-hour access to the facility for emergency service personnel.
[14]
Prior to a solar or photovoltaic facility being energized, the owner shall offer safety training for emergency service personnel. This shall include instruction and documentation on fire-fighting considerations, potential hazards from burning panels and any other special considerations associated with the facility.
[15]
Other than during initial construction of the facility, solar panels shall not be stored in open areas or on the ground. All broken panels shall be removed from the site immediately upon replacement and disposed of in accordance with standard industry practice and any applicable law(s). Should storage of new replacement panels be required on site, such panels shall be stored within a permanent building or structure.
[16]
In addition to those items required for an application to be deemed complete, a site plan application shall also provide the following:
[a]
Location of proposed and existing underground or overhead utility or transmission lines.
[b]
Location of any proposed or existing substation, inverter or transformer.
[c]
Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.
[d]
Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.
[e]
For utility-scale renewable energy facilities rated to produce greater than two megawatts, the following shall be provided:
[i]
Plans, details and specifications, as may be necessary, to adequately depict all improvements and upgrades associated with interconnection into the existing off-site electrical infrastructure.
[ii]
Documentation detailing the available capacity of the existing electric infrastructure in the region and the amount of that capacity to be allocated for the proposed energy facility.
[iii]
An interconnection agreement with PJM and all other applicable regulatory agencies.
[f]
Location of existing hedgerows and vegetated windbreaks. Trees within this area that have a caliper of six inches diameter breast height (dbh) or greater shall also be identified by species and overall condition.
[g]
A decommissioning plan and estimate.
[17]
Abandonment.
[a]
A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
[b]
The Township may issue a notice of abandonment to the owner of a solar energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
[c]
The owner shall have the right to respond to the notice of abandonment within 30 days from notice-receipt date.
[d]
If the owner provides information that demonstrates the solar energy system has not been abandoned to the reasonable satisfaction of the Township, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
[e]
If the designated Township Official determines that the solar energy system has been abandoned, the owner of the solar energy system shall remove the solar energy system and properly dispose of the components at the owner's sole expense within six months after the owner receives the notice of abandonment.
[f]
In the event that the owner fails to remove the solar energy system, the Township and/or its employees and/or contractors have the right, but not the obligation, to enter the property to remove the solar energy system, and, in the event that the Township performs the removal, all costs and expenses of such removal shall be reimbursed to the Township by the owner. In the event the owner fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs and expenses of said removal, and, in the event that the Township incurs any additional costs and expenses in enforcing the lien and/or collecting the money owed, the owner shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys fees.
(b)
Principal use requirements. The following requirements shall apply to, and be bulk requirements for, solar and photovoltaic facilities where they are permitted principal uses.
[1]
Minimum lot size shall be 10 contiguous acres.
[2]
No more than 75% of the lot shall be covered by the renewable energy facility.
[4]
The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the approving Board, that the proposed screening provides a year-round visual screen of the facility from neighboring residential properties. Additional screening may be needed to meet this requirement or the design and location of the solar facility shall be revised to mitigate the visual impact upon the neighboring residential properties.
[a]
The proposal shall comply with the landscaping screen requirements as established by the Land Use and Development Ordinance, with the following additions:
[i]
Required perimeter security fencing shall have a minimum height of six feet. Such fencing shall be provided inside of, and screened by, any required landscaping screens.
[ii]
Where the proposed facility is located on lands higher in elevation than surrounding properties, berms shall be used in conjunction with landscape screening to offer a more effective visual buffer. Berms shall not be constructed at slopes greater than three horizontal to one vertical (3:1).
[iii]
Landscaping screens shall have a minimum width of 35 feet except when abutting a residential use, or found to be necessary by the Board, a fifty-foot width shall be required.
[iv]
Landscaping shall consist of dense masses and groupings of trees in accordance with § 90-64.2B(6). No less than 75% of the buffer length shall be evergreen trees.
[v]
More stringent landscaping screening requirements may be required by the Land Use Board as deemed necessary to mitigate visual impacts of the proposed energy facility.
[b]
Existing hedgerows or vegetated windbreaks that provide screening of the proposed facility from neighboring properties shall be retained and augmented unless otherwise directed by the approving Board.
[5]
All landscaping, as installed, shall conform to and be in accordance with the site plan approved and/or signed by the Board. Prior to the issuance of a permanent certificate of occupancy, completion or compliance (whichever is applicable) and prior to the release of any performance guarantee, the landscaping shall be installed and a two-year maintenance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the Board Engineer and Planner, shall be posted with the Township. If the applicant applies for a certificate of occupancy during a season not appropriate for planting, the applicant may obtain a temporary certificate of occupancy without installation of the approved landscaping, but if and only if the applicant posts a performance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the Township Engineer guaranteeing installation of the landscaping during the next planting season and further guaranteeing the subsequent posting of a two-year maintenance guarantee. The applicant shall have a continuing obligation to maintain all landscaping for its intended purpose (i.e., for screening if planted for buffering purposes or for aesthetics if planted for enhancement purposes), which shall include but not be limited to repairing and/or replanting to the satisfaction of the Township Planning/Engineering Department any and all landscaping that becomes damaged and/or dies. (This continuing maintenance obligation is in addition to, and notwithstanding, the fact that a maintenance guarantee may or may not be required in any particular application.) In the event that the Township Zoning Officer determines that utilization of an outside expert (e.g., Board landscape architectural expert) is necessary to fulfill the intent of this section, all costs and expenses of such outside experts shall be reimbursed to the Township by the applicant.
[6]
The applicant shall submit an affidavit agreeing that any approval for a solar energy facility shall be subject to site plan approval for any necessary new substations or modifications to existing substations.
(c)
Accessory use requirements. The following requirements shall apply to solar and photovoltaic facility accessory uses.
[1]
Ground systems which do not exceed 1,000 square feet (including the aggregate area of multiple systems, and other accessory structures and/or buildings) and shall meet the side and rear yard setback standards for accessory structures for the zone in which the structure is located.
[2]
Ground systems shall not be located between a building line and a public street (i.e., ground systems shall not be located in a front yard).
[3]
The gross area of ground-mounted systems, including the aggregate area of multiple systems, which are greater than 1,000 square feet (including the aggregate area of multiple systems) shall meet the following screening requirements.
[a]
A solid screen of plantings and/or a fence shall be provided along property lines shared with a residential zone district and rights-of-way.
[b]
The minimum height of the screening shall be five feet.
[c]
Existing vegetation shall be retained to the extent practical and may be incorporated or used as screening as approved by the Land Use Board.
(d)
Residential-scale renewable energy facilities.
[1]
Facility components shall be permitted to be mounted to principal and accessory structures and buildings or ground mounted. If ground mounted, the maximum permitted height shall be eight feet.
[2]
A zoning permit must be issued for all systems. Ground systems which do not exceed 1,000 square feet (including the aggregate area of multiple systems, and other accessory structures and/or buildings) shall meet the side and rear yard setback standards for accessory structures for the zone in which the structure is located.
[3]
Facility components shall be mounted parallel to the roof of the supporting structure and shall not protrude above 12 inches from the roof or past the edge of any roofline.
(e)
Farm-scale renewable energy facilities, solar.
[1]
Ground-mounted systems which are rated to generate 15 kilowatts of electricity or greater shall require site plan approval prior to obtaining a zoning permit. Systems covering greater than 10 acres are prohibited.
[2]
On nonpreserved, agriculturally assessed farms, ground-mounted facilities shall be permitted on a farm management unit at a ratio of one acre devoted to the solar facility to five acres devoted to agriculture (approximately 17%) up to a maximum of 10 acres coverage. This area shall be calculated including required roadways and buffers. In no case shall a facility be rated to generate more than two megawatts of electricity.
[3]
Ground-mounted farm-scale facilities which are to be located as accessory uses on an agriculturally assessed farms or preserved farms shall be placed as far from public rights-of-way and viewsheds in the most visually remote areas as practical.
[4]
All farm-scale solar energy facilities shall comply with the State Agricultural Development Committee (SADC) agricultural management practice for solar energy generation. The SADC has established an agricultural management practice (AMP), or standards, which commercial farms must meet to be eligible for right-to-farm protection for the on-farm generation of solar energy.
[5]
The energy facility location should avoid prime soils.
(2)
Wind energy facilities.
(a)
General requirements. The following general requirements shall apply to all wind facilities.
[1]
All wind energy systems shall be considered accessory uses in all Township districts.
[2]
System height shall be defined as the height above grade of the tower plus the wind generator.
[3]
Tower height shall be defined as the height above grade of the fixed portion of the tower, excluding the wind generator.
[4]
Any tower shall be set back a distance equal to 150% of the tower's height from any public right-of-way, any property line and any principal building.
[5]
All inverters shall be set back a distance equal to 150 feet from any public right-of-way or property line.
[6]
All electrical and control equipment shall be labeled and secured to prevent unauthorized access in accordance with the National Electric Code (NEC) and state regulations.
[7]
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
[8]
Small wind energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9 or updates or replacements thereof.
[9]
A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
[10]
A permit issued pursuant to this Subsection K shall expire if the wind energy system is out of service or otherwise unused for a continuous twelve-month period.
[11]
A wind energy system shall not be artificially illuminated unless such lighting is required by the Federal Aviation Administration. If required, appropriate documentation shall be provided to the Township.
[12]
The applicant shall submit an affidavit agreeing that any approval for a wind energy facility shall be subject to site plan approval for any necessary new substations or modifications to existing substations.
[13]
No wind tower on a residential property shall be located between a building line and a public street.
[14]
In addition to those items required for an application to be deemed complete, a site plan application shall depict the following:
[a]
Location of proposed and existing overhead or underground utility or transmission lines;
[b]
Location of any proposed substation or transformer; and
[c]
Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation;
[d]
Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user;
[e]
For projects over two megawatts, the location and elevations of all transmission lines, support structures and attachments to a substation(s).
[15]
Abandonment.
[a]
A wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
[b]
The Township may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
[c]
The owner shall have the right to respond to the notice of abandonment within 30 days from notice-receipt date.
[d]
If the owner provides information that demonstrates the wind energy system has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
[e]
If the designated Township Official determines that the wind energy system has been abandoned, the owner of the wind energy system shall remove the tower and wind generator from the tower at the owner's sole expense within six months after the owner receives the notice of abandonment.
[f]
In the event that the applicant fails to remove the wind energy system, the Township and/or its employees and/or contractors may enter the property to remove the wind energy system (but shall not be obligated to remove same), and, in the event that the Township performs the removal, all costs and expenses of such removal shall be reimbursed to the Township by the applicant. In the event the applicant fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs and expenses of said removal, and, in the event that the Township incurs any additional costs and expenses in enforcing the lien and/or collecting the money owed, the applicant shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys fees.
(b)
Large use requirements. The following requirements shall apply to, and be bulk requirements for, wind facilities where they are permitted principal uses.
[1]
The minimum lot size shall be 20 contiguous acres.
[2]
Unless otherwise stated, all buildings and structures shall comply with the standards of the zone district.
[3]
One wind tower shall be permitted per 20 contiguous acres or fraction thereof.
[4]
A wind tower for shall be set back a minimum distance of 150% of the system height.
[5]
Substations, inverters and/or other facilities accessory to a wind energy facility shall be set back a minimum of 150 feet from a property line.
[6]
No portion of the wind generator shall extend into any public road right-of-way.
(c)
Small use requirements. The following requirements shall apply to wind facilities where they are accessory uses.
[1]
Wind facilities as an accessory use shall be limited to one monopole.
[2]
No wind tower shall be located on a property which is less than five acres.
[3]
No portion of the wind generator shall extend into any public road right-of-way.
[4]
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
L.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, excepting the delivery of cannabis items and related supplies by a delivery service be and hereby are prohibited in all districts.
[Added 6-7-2021 by Ord. No. 2021-6]