Franklin Township City Zoning Code
§ 90-56
District regulations.
A.
Schedule of Use Regulations.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
B.
Schedule of Area, Bulk and Yard Requirements.[2]
[Amended 6-9-2003 by Ord. No. 2003-14]
[2]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included at the end of this chapter.
C.
General standards for residential districts.
[Amended 6-12-1989 by Ord. No. 89-6; 6-29-1992 by Ord. No. 92-5; 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
(1)
Appearance of building. Within any residential district, except for agricultural buildings, no building shall be constructed or altered so as to be inharmonious with the residential character of the area. The following types of construction shall be considered not to be residential in character:
(a)
Storefront types of construction.
(b)
Garage doors larger than needed for passenger automobiles and recreational or commercial vehicles of not more than 2 1/2 tons' gross weight.
(c)
Exposed concrete block or cinder block wall surfaces, except in the case of a garage accessory to and not attached to the residential dwelling.
(2)
Accessory buildings and structures in residential districts.
[Amended 4-14-2003 by Ord. No. 2003-8; 10-3-2011 by Ord. No. 2011-8]
(a)
An accessory building or structure in a residential district shall not be located in any required front yard.
(b)
Accessory buildings and/or structures in residential districts shall conform to the following requirements:
[1]
Lots less than or equal to six acres shall not be occupied by any accessory building or structure in excess of one story or 18 feet in height. Accessory buildings or structures shall not occupy a total ground area of more than 800 square feet or an area equal to 30% of the required rear yard, whichever is less. Where accessory structures consist of solar energy system(s), this area may be increased to 1,000 square feet consisting of no more than 800 square feet of nonsolar energy system facilities.
[2]
Lots less than or equal to 10 acres but greater than six acres shall not exceed one story or 22 feet in height and may not occupy more than 1,200 square feet of the required rear yard.
[3]
Lots greater than 10 acres shall not exceed two stories or 30 feet in height and shall be governed by the bulk requirements within the residential district for which the lot is located.
(c)
In residential districts, the minimum distance of any accessory building and/or structure to any property line shall conform to the following requirements:
(3)
Commercial vehicles in residential districts. No commercial vehicle exceeding three tons' rated load capacity, excluding pickup trucks, shall be parked or maintained on any premises in any agricultural or residential zone other than in an enclosed building. No tractor, trailer or commercial vehicle shall be kept or maintained on any premises in an agricultural or residential zone or district except on a farm, provided that said vehicle is a direct accessory to farm usage, and then may not be kept within 300 feet of any residence on adjoining property. This shall include the storing of any unlicensed recreational vehicle, mobile home or commercial trailer.
(5)
Cluster residential development. Cluster residential development is permitted in the RC and PD Districts and shall comply with the applicable standards of the district. See § 90-56D(1) for standards in the RC District; and § 90-69 for standards in the PD District.
[Amended 8-14-2000 by Ord. No. 2000-12; 8-14-2000 by Ord. No. 2000-13]
(6)
Common open space. When permitted or required by this chapter, common open space in cluster residential developments shall comply with the following standards, unless modified by standards provided for cluster residential developments in individual zoning districts:
(a)
Land area not included in individual building lots in cluster residential development shall be set aside for conservation, open space, floodplain, school sites, recreation and/or other common open space. Such lands shall be optimally related to the overall plan and design of the development, shall be improved to best suit the purposes for which they are intended and shall be situated within Franklin Township or be lands which are part of the overall planned development situated within an adjacent municipality. Land utilized for street rights-of-way shall not be included as part of the calculated open space. The minimum percentage of the tract to be set aside as common space shall be as set forth in the table in § 90-56B.
(b)
All property owners and tenants of the planned development shall have the right to use the common open space designated on the plan for the particular development stage. Should the proposed development consist of a number of stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.
(c)
Common open space may be deeded to the Township or dedicated to an open space organization or trust, with incorporation and bylaws to be approved by the Land Use Board. If common open space is not dedicated and accepted by the Township, the landowner shall provide for and establish an open space organization or trust for the ownership and maintenance of the common open space. Such organization or trust shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise, except to an organization conceived and established to own and maintain the common recreation areas and development open space, without first offering to dedicate the same to the Township.
[Amended 12-9-2002 by Ord. No. 2002-14]
[1]
If the applicant proposes that the common open space shall be dedicated to the Township, then the Land Use Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary plan approval of any development application containing common open space.
[2]
All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulated herein.
(d)
In the event that the organization created for common open space management shall, at any time after the establishment of a planned development, fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the plan, the Township may serve notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in reasonable conditions, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time, not to exceed 65 days, within which time the deficiencies shall be cured.
[1]
If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said 35 days or any extension thereof, the Township, in order to preserve the common open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and said maintenance shall not vest in the public any rights to use the open space and recreation areas except when the same is voluntarily dedicated to the public by the owners.
[2]
Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of said areas, call a public hearing, upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township, at which hearing such organization and owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain such open space and recreation areas in a reasonable condition, the Township shall cease to maintain such open space and recreation areas at the end of said year. If the Township shall determine that such organization is not ready and able to maintain open space and recreation areas in a reasonable condition, the Township may, in its discretion, continue to maintain said open space and recreation areas during the next succeeding year, and, subject to a similar hearing, a determination shall be made in each year thereafter. The decision of the Township in any case shall constitute a final administrative decision subject to judicial review.
[3]
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the Township in the same manner as other taxes.
(e)
Any open space organization or trust initially created by the developer shall clearly describe in its bylaws the rights and obligations of the homeowners and tenants in the planned development, and the Articles of Incorporation of the organization shall be submitted for review by the Land Use Board prior to the granting of final approval by the Township.
[Amended 12-9-2002 by Ord. No. 2002-14]
(7)
Model homes, sales offices and sales trailers. The utilization of a single-family dwelling house constructed within a major residential subdivision as a model home or the utilization of a single-family dwelling house or a trailer located upon a lot within a major residential subdivision as a sales office for the sale of lots and/or residences within the subdivision within which the model home or sales trailer is located shall be a permitted temporary accessory use in all residential districts, provided that all of the following conditions are complied with:
[Added 6-8-1998 by Ord. No. 98-12]
(a)
More than one model home is permitted within a subdivision, but no subdivision shall have more than one sales office or sales trailer.
(b)
Any model home or sales office or sales trailer shall be located in compliance with the minimum required front, side and rear yard setbacks for principal structures in the residential district in which it is located.
(c)
A driveway accessing each model home, sales office or sales trailer shall be established in conformity with Chapter 67, Driveways, of the Code of the Township of Franklin and any other applicable driveway requirements.
(d)
Sufficient off-street parking shall be provided to accommodate the number of vehicles reasonably anticipated to utilize the site and to prevent on-street parking by customers visiting the sales office.
(e)
A certificate of occupancy shall be required for any approved sales office or sales trailer, and such office or trailer shall be served by electric, telephone, water and sanitary waste facilities.
(f)
Trailers shall have the undercarriage thereof, including the frame, wheels and axles, effectively screened from view by means of latticework screening, evergreen plantings or the like.
(g)
The use of a sales office or a sales trailer for sales purposes shall be limited, exclusively, to sales of lots or residences within the major subdivision project in which the model home/sales office or sales trailer is located.
(h)
Model homes, sales offices or sales trailers shall not be occupied before 9:00 a.m. or after 9:00 p.m.
(i)
The permits required by Subsection C(7)(j) below shall be valid for a period of one year from the date of issuance and shall expire thereafter, and the use shall be immediately terminated unless new permits (zoning and certificates of occupancy) shall have been issued.
(j)
Prior to the issuance of a zoning permit and certificate of occupancy for a model home or sales office or sales trailer, the applicant shall file a written acknowledgment of the foregoing requirements and agreement to comply therewith.
D.
Standards applicable to individual residential districts.
[Amended 3-30-1987 by Ord. No. 87-4; 6-29-1992 by Ord. No. 92-5; 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
(1)
Residential cluster development in the RC District.
(a)
Residential cluster development shall be permitted on tracts of at least 50 acres in the RC District according to the requirements outlined on the Schedule of Area, Bulk and Yard Requirements,[3] provided that 60% of the tract is permanently preserved in common open space.
[3]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included at the end of this chapter.
(b)
Lands reserved as common open space shall consist of contiguous areas, to the maximum extent practicable, and shall be related to the natural features and purpose of the open space. Residential development shall be either contiguous to the common open space or, if contiguity of all lots is impracticable, suitable access shall be provided in close proximity to the noncontiguous lots. Where the purpose of the common open space is public use or enjoyment or use and enjoyment by the residents of the development, suitable access shall be provided.
(c)
The open space shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by the establishment of an open space organization or trust for one of the following purposes:
(d)
Nothing contained herein shall be construed to require the Land Use Board to approve any subdivision employing clustering if said subdivision is in conflict with any provision of the Franklin Township Master Plan or if said subdivision will, in any way, result in a land use pattern that will adversely affect that portion of the Township in which it falls.
[Amended 12-9-2002 by Ord. No. 2002-14]
(e)
Residential clustering is optional with the subdivider, and the foregoing requirements apply only if such option is exercised.
(f)
Qualifying map procedure. In addition to other standards set forth in this chapter applicable to a residential subdivision configured in a cluster or lot average layout, an applicant must demonstrate that the total number of residential lots would not exceed the number permitted with a conventional subdivision layout. In order to make this determination a qualifying map shall be required in conjunction with either a cluster or lot average subdivision application. The qualifying map shall provide the following information:
[Added 4-2-2007 by Ord. No. 2007-8]
[1]
The number of units permitted in a cluster or lot averaging development shall be no greater than the number of units that the entire tract would yield in a conventionally designed subdivision without variances or design waivers.
[2]
The applicant shall submit a qualifying map which shall show development of the entire tract or tracts with a subdivision design without variances or waivers in accordance with the detached, single-family conventional subdivision provisions of the RC Zone District pursuant to §90-56B. Each residential lot on the qualifying map shall also provide a minimum lot circle consistent with the standards established in the Schedule of Area, Bulk and Yard Requirements.[4] The subdivision layout shall be designed in accordance with the standards set forth in § 90-48. Detailed engineering for streets and stormwater basins are not required; however, the qualifying map should depict the street(s) right-of-way in accordance with the standards set forth in the Residential Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.). The location and approximate area for stormwater basin(s) should be represented on the qualifying map.
[4]
Editor's Note: Said Schedule is included at the end of this chapter.
[3]
The conventional subdivision layout on the qualifying map shall reflect the requisite setbacks to all surface waters, including but not limited to Category One streams and freshwater wetlands including attendant buffers. For the purpose of a qualifying map, no reduction to the maximum buffer requirement for the category of stream, wetlands or open waters in question shall be utilized.
(2)
Lot averaging development in the RC District.
(a)
Lot area range.
[1]
The Land Use Board may approve a subdivision employing the use of lot averaging, as defined in this chapter, when the applicant proposes a distribution of lot areas within the development according to the following schedule:
[Amended 12-9-2002 by Ord. No. 2002-14]
Zone | Minimum Percent of Lots Within Lot Area Range | Lot Area Range (square feet) | |
|---|---|---|---|
RC | 60% | 65,000 to 100,000 |
[2]
Lot averaging is specifically permitted for two lot subdivisions in the RC District, provided that one of the two lots meets the above lot range requirements for the RC District.
(b)
Site design. Lot averaging designs should shift the more intensive development toward those lands which can best support the installation of the dwelling, well, septic system and associated site improvements. Similarly, lot averaging should locate less intensive development in those areas which exhibit sensitive environmental features (i.e., water bodies, wetlands, floodplains, steep slopes, shallow or limestone bedrock, prime aquifer recharge areas, seasonal high water tables, etc.) or which contain active or prime agricultural lands or mature woodlands.
(c)
Deed restrictions. The deed for any lot created by lot averaging shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots, and the deed for remaining lands shall acknowledge the reduction in residential density.
E.
General standards for nonresidential zoning districts.
[Amended 6-29-1992 by Ord. No. 92-5; 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
(1)
Buffer requirements for nonresidential districts. Within any district, other than a residential district, in which the lot(s) submitted for plat or plan approval abuts a residential district, the following buffer area and landscaping requirements shall apply:
(a)
Buffers are required when a nonresidential use abuts a residential zone on the side or rear.
(b)
Buffer widths.
[1]
The width of the required buffer area shall be as follows:
District | Buffer Width (feet) | |
|---|---|---|
C-1 | 10 | |
HC, I and OB | 40 | |
C-2 and IP | 50 |
[2]
Where the existing use in the adjoining residential district is nonresidential, the above side and rear yard buffers in the C-2, HC, I, IP and OB Districts may be reduced to 25 feet.
(c)
Buffer areas shall remain free of impervious coverage and other improvements.
(d)
Buffer areas shall be landscaped with either:
[1]
An evergreen screen, consisting of such species as hemlock, white and red pine, douglas fir, Norway spruce, et seq., planted six feet apart in a staggered pattern at a height of five feet when planted; or
[2]
A deciduous screen, consisting of canopy trees, understory trees and shrubs, planted in clusters, at a rate of two canopy trees, three understory trees and 15 shrubs per 50 linear feet of buffer.
(2)
Uses per lot. More than one nonresidential use and more than one building are permitted on individual lots in the nonresidential districts. Multiple buildings on a lot shall be of a compatible design.
F.
Standards applicable to individual nonresidential districts.
[Amended 6-29-1992 by Ord. No. 92-5; 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
(2)
Any principal or accessory building or parking or loading area in the HC Highway Commercial Zone District shall be situated a maximum distance of 500 feet from the front property line. Any area located more than 500 feet from the front property line shall be utilized strictly as open space. The front property line shall be deemed the property line parallel to the front facade of the principal building.
[Added 10-29-2001 by Ord. No. 2001-11]
G.
Standards for accessory apartments for lower income households in the RC, R-75, C-1, C-2, HC, I, IP and OB Zone Districts:
[Added 4-14-1997 by Ord. No. 97-7; amended 8-14-2000 by Ord. No. 2000-12; 8-14-2000 by Ord. No. 2000-13]
(1)
An accessory apartment shall be occupied by a low- or moderate-income household meeting the income eligibility standards established by COAH. In addition, the accessory apartment shall be occupied by a senior citizen (62 years of age or older) low- or moderate-income household or the accessory apartment shall be located on a lot owned and occupied by a senior citizen household with the apartment occupied by a low- or moderate-income household.
(2)
No more than four accessory apartments shall be created under this provision.
(3)
Accessory apartments are permitted on residentially improved lots, provided that only one additional accessory apartment per lot is permitted.
(4)
The accessory apartment shall have living and sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants.
(5)
The accessory apartment shall consist of not less than two rooms, one of which shall be a bathroom containing a flush toilet, wash basin, and bathroom tub or shower.
(6)
All rooms shall be accessible from within the apartment.
(7)
The accessory apartment shall be private and secure from all attached units.
(8)
The apartment shall have direct access to the outdoors or directly to a hall from which there is direct access to the outdoors without passing through any other unit, and the accessory apartment shall comply with all requirements of the applicable building codes.
(9)
If the apartment is located on the second or third floor, there shall be at least two means of access to the outdoors, available at all times, as approved by the Construction Official. Exterior stairways for the accessory apartment shall be located at the rear or side of the structure.
(10)
No apartment shall be located above the third floor.
(11)
The net floor area of the apartment shall be at least 400 square feet, and no bedrooms shall have a net floor area of less than 80 square feet.
(12)
The apartment shall occupy no more than 1,200 square feet of an accessory building or the principal structure and shall contain no more than three bedrooms.
(13)
At least two off-street parking spaces or one off-street parking space per bedroom, whichever is greater, shall be provided for each apartment, situated in the side yard or rear yard only.
(14)
The sanitary disposal system serving the accessory apartment shall be approved by the Board of Health.
H.
A bed-and-breakfast inn is permitted as an accessory use in the C-1, R-75 and RC Zone Districts in accordance with the following standards and criteria:
(1)
The principal use of the premises shall be a single-family residence. A bed-and-breakfast inn shall be operated only by the residents of the premises who have their principal domicile at the premises and shall be considered to be an accessory or subordinate use to the single-family residence.
(2)
No bed-and-breakfast inn shall be created on a lot that fails to meet the minimum lot size for the zoning district in which it is located.
(3)
A bed-and-breakfast inn shall be permitted in an existing residence or an existing accessory building.
(4)
The minimum number of off-street parking spaces shall be two for the residence plus one additional space for each room approved for use by guests. Off-street parking may be provided on a proximate property within 300 feet of the bed-and-breakfast inn property.
(5)
Off-street parking for guests shall not be permitted in the front yard.
(6)
Any conversion of an existing residential building into a bed-and-breakfast inn shall maintain the residential character of the building. Any conversion of an accessory building shall be architecturally compatible and similar in style to the principal building.
(7)
Off-street parking and waste storage facilities shall be buffered and landscaped in accordance with the requirements of § 90-56E that apply in the C-1 District.
(8)
One two-sided sign with a maximum size of four square feet identifying the bed-and-breakfast inn shall be permitted.
(9)
No more than six rooms shall be used as guest rooms for bed-and-breakfast occupants, nor shall more than 15 persons be registered as guests of the bed-and-breakfast inn at any one time. Guest occupancy shall be limited to 21 consecutive days or not more than 21 days in any period of 24 consecutive days.
(10)
Bed-and-breakfast inns shall provide breakfast for registered guests in the forenoon of each day, and no alcoholic beverages may be sold and no other meals may be served or sold to registered guests. No food or beverages of any kind shall be served or sold to the general public on the premises
(11)
The minimum size of any bedroom for the guests at the bed-and-breakfast inn shall be 144 square feet. Bed-and-breakfast inns shall be registered with the Bureau of Housing Inspection in the Division of Housing and Development in the Department of Community Affairs, if applicable.
(12)
No cooking facility shall be allowed in any guest room.
(13)
No smoking shall be allowed in any guest room.
(14)
Applicants for bed-and-breakfast inns shall be required to obtain a food handler's license.
(15)
Applications for bed-and-breakfast inns shall be subject to comment by the Historic Preservation Commission on sites identified in the Historic Preservation Plan.