Franklin Township Warren County
City Zoning Code
City Zoning Code
ARTICLE XI
Miscellaneous Provisions
§ 90-70 Development review checklists.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6; 6-10-1996 by Ord. No. 96-9; 12-9-2002 by Ord. No. 2002-14]
The following checklists are hereby adopted for use in applications before the Land Use Board:
A.
Checklist for minor subdivision application.
B.
Checklist for major subdivision sketch plat application.
C.
Checklist for major subdivision preliminary plat application and Phase I Geologic Investigation Checklist (No. 39).
D.
Checklist for major subdivision final plat application and checklist for geotechnical details (No. 33).
E.
Checklist for site plan concept plan application.
F.
Checklist for site plan preliminary and final application and Phase I Geologic Investigation Checklist (No. 44).
G.
Checklist for minor site plan application.
H.
Checklist for phase one of geologic investigation.
§ 90-71 Additional design standards for residential cluster development in PD Zoning District.
The following shall apply to residential cluster development in the PD Zoning District:
A.
Landscaping.
(1)
A landscape plan prepared by a certified landscape architect shall be submitted with the site plan application. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans reasonable methods to protect existing trees and growth during and after construction.
(2)
Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both, provided that no more than the equivalent of one tree for every 50 linear feet of street is required. Buffering by plantings shall be required around the perimeter of the residential cluster development, except where a buffer along the rear of the commercial development is to be established or where such perimeter abuts the public open space. Plant buffer materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. Besides street trees and buffering required, additional landscaping shall be required in the development where necessary for privacy or erosion control. In parking lots, at least 5% of the parking area shall be landscaped with plantings and one tree for each 10 parking spaces shall be installed. Deciduous trees shall have at least a two-inch caliper at planting, and the size of evergreens shall vary according to the setting and type of shrub. Only nursery-grown plant materials shall be used, and all trees, shrubs and ground covers shall be planted and maintained according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer during the following planting season.
B.
Street and circulation requirements.
(1)
All streets, parking areas, vehicular accessways and driveways (except for driveways to individual dwelling units located on fee-simple lots encompassing such unit) in the tract and serving the residential cluster shall be maintained by the organization established to maintain the common open space associated with the development. This shall include all internal streets leading from existing public streets.
(2)
There shall be two street entrances to the residential cluster, one from Route 57 and the other from Broadway-Asbury Road.
(3)
The following shall also apply:
(a)
Street design criteria for internal collector streets:
[1]
Minimum pavement width: 26 feet. Minimum pavement widths presume that adequate off-street parking has been provided in accordance with this Chapter 90. All internal collector category streets will have adequate signage (i.e., spacing, size and location) indicating no parking along both sides of the particular cartway.
[2]
Curbing: vertical face (either Belgian block or concrete).
[3]
Width of sidewalks and bicycle paths: four feet.
[4]
Sidewalk (required on one side of street), distance from curb face: four feet.
[5]
Minimum sight distance: 200 feet.
[6]
Maximum grade: 10%. (See intersection design criteria.)
[7]
Minimum grade: three-fourths percent (3/4%).
[8]
Design speed: 25 miles per hour.
[9]
Minimum center-line radius of curves: 200 feet. In all cases, the minimum center-line radius of all proposed internal collector streets shall be designed to incorporate proper sight distance.
[10]
Minimum tangent between reverse curves: 50 feet.
[11]
Streetlighting: streetlighting of intersections shall be required for all developments. Streetlighting along the internal collector streets shall be required to maintain a minimum average footcandle intensity of 0.2 and a minimum average intensity of 1.5 footcandles at drive intersections along the street.
(b)
Street design criteria for internal culs-de-sac or access drives:
[1]
Minimum pavement width: 24 feet. The width of access drives may be reduced to a width of 20 feet, but only under circumstances where such access drives do not abut individual driveways or parking spaces.
[2]
Curbing: vertical face (either Belgian block or concrete).
[3]
Width of sidewalks: four feet.
[4]
Minimum sight triangle at internal collector street: 45 feet by 90 feet.
[6]
Minimum driveway grade: 3/4%.
[7]
Minimum curb radii: 25 feet. All internal cul-de-sac or access drive radii shall be of adequate size to permit proper vehicle movements throughout the site. This shall include provisions for fire-protection vehicles and moving vans.
(c)
Intersection design criteria:
[1]
Approach speed: 25 miles per hour.
[3]
Minimum grade within 50 feet of the curbline of an intersecting street: 3%.
[4]
Minimum angle of intersection: (ninety-degree angle preferred) 75°.
[6]
Minimum tangent approaching an intersection: 50 feet.
[7]
All intersections shall be curbed.
[8]
All intersections shall provide for drainage improvements (inlets, grading, storm drains, etc.) so that stormwater does not flow across intersecting streets or lay in the intersection.
[9]
Sight triangle easements shall be dedicated to the Township. No grading, planting or structure shall be erected or maintained more than 24 inches above the center-line grade of the intersecting street or lower than 120 inches so that unobstructed view of the roads is maintained. Traffic control devices and other man-made or natural objects may remain if it can be demonstrated that they do not obstruct the view of oncoming traffic.
C.
Drainage standards.
(1)
Drainage design shall conform to United States Soil Conservation Services and NJDEP standards.
(2)
The system shall be adequate to carry off the stormwater and natural drainage water which originate within the lot or tract boundaries in their current state of development. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.
(3)
Techniques for computing water runoff shall be as follows:
(4)
Storm sewers, open channels, bridges and culverts shall be designed from minimum flow capacities as follows:
System | Design Capacity — Frequency of Storm (years) | |
|---|---|---|
Collection systems | 15 | |
Culverts | 100 | |
Detention systems | 100 | |
Emergency spillway from detention system | 100 |
(5)
All materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction of the New Jersey Highway Department, current edition, and any supplements, addenda or modifications thereof, unless otherwise specified by the reviewing municipal agency. Lesser specifications may be approved by the reviewing authority.
(6)
Areas around buildings shall be graded to secure proper drainage away from buildings.
(7)
Detention or retention basins shall be required to hold stormwater runoff such that discharge will not exceed predevelopment rates. A waiver of this provision may be granted only when the applicant shows that the additional runoff resulting from the proposed development will not exceed four cubic feet per second. Where detention or retention basins are required, they shall be designed in accordance with the United States Department of Agriculture Soil Conservation Service Technical Release No. 55. The following exceptions to this provision will be acceptable in any case:
(a)
Retention will not be required to an extent which would reduce the outlet size to a diameter less than three inches.
(b)
Dry basins serving residential projects may allow evacuation of 90% in 18 hours.
(c)
Approval of drainage structures shall be obtained from the appropriate municipal, County, state and federal agencies and offices.
(8)
Where required by the Township and as indicated on an improved development plan, a drainage right-of-way easement shall be provided to the Township where a tract or lot is traversed by a system, channel or stream. The drainage right-of-way easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any official map and/or master plan.
D.
Lighting standards.
(1)
Streetlighting shall be provided as enumerated herein under Subsection B(3)(a)[11].
(2)
Site lighting shall be provided in all commercial development areas and will conform to the following standards:
(a)
Intensity levels at ground surface:
[1]
In parking areas, minimum footcandle intensity: 0.5.
[2]
At parking area intersections, minimum footcandle intensity: 2.0.
[3]
All site lighting not required for security shall be placed on timers, and a schedule of operation period shall be approved by the Land Use Board.
[Amended 12-9-2002 by Ord. No. 2002-14]
[4]
All lighting fixtures shall be downcasting-type luminaires with a maximum cutoff of 70° from vertical.
[5]
The maximum height of lighting fixtures shall be 20 feet.
§ 90-72 Geologic investigations.
[Added 6-10-1996 by Ord. No. 96-9]
A.
Purpose. The purpose of the investigation is to provide sufficient data to define all existing geologic conditions for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse environmental impacts caused by the project.
B.
Applicability. This section shall be applicable to all development in the Carbonate Area District requiring major subdivision, conditional use or site plan approval (except minor site plans) and wastewater disposal systems requiring state permits or treatment works approvals.
C.
Establishment of regulated areas. The map attached hereto as Appendix A[1] is hereby adopted and hereby creates the Carbonate Area District (which encompasses the entire Township), the Carbonate Rock Areas and the Carbonate Drainage Areas. This district and these areas shall be secondary, or an overlay, to the zoning districts heretofore established by the Zoning Map and may encompass all or portions of more than one existing zoning district. Regulation of this district and these areas shall be in addition to those requirements governing the existing zoning districts.
(1)
The Carbonate Area District (CAD) contains two types of areas which are known as the Carbonate Rock Area (CRA) and the Carbonate Drainage Area (CDA).
(2)
The CRA is composed of all land areas underlain by limestone or carbonate rock and therefore subject to the hazards referred to above.
(3)
The CDA is composed of all lands which drain surface water into the CRA.
(4)
Development activities in the CDA which may alter the surface drainage patterns or affect the water quality or increase runoff into the CRA shall be subject to the requirements of this chapter.
(5)
The CAD map shall be updated as information is developed through the application of this chapter.
[1]
Editor's Note: Said map is on file at the office of the Township Clerk.
D.
Procedures and submission requirements for the Carbonate Area District.
(1)
All applicants filing for preliminary major subdivision, conditional use or preliminary site plan approval (except minor site plans) shall complete and file with the approving authority and the Township Geological Consultant (TGC) the Phase I Geologic Investigation Checklist.[2] In the case of applications for site plans or subdivisions, the Phase I Geologic Investigation Checklist may be completed and filed prior to a formal application for preliminary approval.
[2]
Editor's Note: Said checklist is made part of this chapter and is located at the end of this chapter as Checklist Addendum H.
(2)
The geologic investigation checklist shall:
(a)
Be prepared and conducted by the applicant's geological consultant (AGC) who shall be a geologist or professional engineer with experience in karst terrains.
(b)
Identify the geologic nature of the materials underlying the site.
(c)
Be based on an on site/area field investigation and document review and shall include a description of the site geology; groundwater conditions such as depth to/direction of flow and evaluation of potential impact of the project on groundwater quality; and identification of any karst/solution features observed and the structural control of same.
(d)
Note karst/solution features which shall be flagged in the field.
(3)
Both the TGC and the AGC will review the applicant's findings in the field.
(4)
The Phase I Geologic Investigation Checklist information shall be reviewed by the TGC, and a review report shall be submitted by the TGC to the approval authority within 30 days of the submission by the applicant of the Phase I Investigation Checklist. The TGC's report shall review the completeness of the Phase I Investigation Checklist and shall recommend either that a Phase II Investigation Plan be prepared and submitted or that portions or all of the requirements of the Phase II Investigation be waived. The recommendation shall be based on the data submitted, the review of the data and other pertinent information by the TGC, the field visit and the purposes of this chapter as set forth in § 90-72A.
(5)
The approval authority shall rule on the completeness of the checklist within 35 days of the receipt of the TGC's review report.
(6)
The approving authority shall determine whether a Phase II Investigation Plan to further investigate karst/solution features and address groundwater protection shall be required, based on the data submitted, the recommendation of the TGC and the purposes of this chapter as set forth in § 90-72A. The purpose of the Phase II Investigation Plan is to delineate and define karst features noted or suspected in the Phase I Geologic Investigation Checklist, to evaluate the effects of the same on the proposed development and to propose methods of remediation if needed. The approving authority may grant a waiver from part or all of the geotechnical evaluation and report requirements under § 90-72D, upon recommendation of the TGC.
(7)
If a Phase II Investigation Plan is required, the same shall be prepared by the AGC and filed with the approval authority and the TGC.
(8)
The Phase II Investigation Plan shall include a narrative describing the types of features to be investigated, their locations and the types of direct/indirect methods to be used and why. Direct methods shall include site reconnaissance, test pits, test probes, test borings or other appropriate methods. Indirect methods shall include aerial photography and geophysical procedures. A site plan indicating the areas of investigation, proposed locations of testing and types of testing shall accompany the Phase II Investigation Plan.
(9)
The Phase II Investigation Plan shall be reviewed by the TGC, and a review report shall be submitted by the TGC to the approval authority within 30 days of the submission by the applicant of the Phase II Investigation Plan. The TGC's report shall review the completeness of the Phase II Investigation Plan and shall also indicate whether any proposed testing methodology is appropriate and reasonable or is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the TGC recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology which would provide the requisite data. The recommendation shall be based on the data submitted, the review of the data and other pertinent information by the TGC, and the purposes of this chapter as set forth in § 90-72A.
(10)
The approval authority shall approve or disapprove the Phase II Investigation Plan within 35 days of the receipt of the TGC's report. Approval of the plan shall include a specification of the nature and extent of the Phase II Investigation, the results of which shall be in the Geotechnical Evaluation Report.
(11)
After the Phase II Investigation Plan has been approved by the approval authority, a permit shall be issued to the applicant by the Township Engineer authorizing the commencement of the testing procedure.
(12)
The following protocol and procedures shall be utilized in conducting the approved Phase II Investigation and geotechnical evaluation by the applicant, with observation by the TGC:
(a)
Any on-site evaluations and tests undertaken pursuant to this chapter shall not begin until the applicant has received a permit pursuant to § 90-72D(10).
(b)
The applicant shall provide written notice to the Municipal Clerk, the Municipal Engineer and the TGC, by certified mail, return receipt requested, at least 15 days prior to the commencement of any testing procedures.
(c)
The proposed development site shall be subject to inspection by the TGC, the Municipal Engineer or designated municipal inspectors at any time.
(d)
All testing data and results shall be made available to municipal officials and inspectors on demand.
(e)
All samples taken shall be properly preserved and shall be available for examination by the municipality upon request until the release of the maintenance bond in the case of major subdivisions and for a period of two years after issuance of final certificates of occupancy in the case of site plans.
(f)
All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.
(13)
At the completion of the Phase II Investigation a formal Geotechnical Evaluation Report shall be submitted which shall include the following information gathered during the testing protocol:
(a)
Logs of all borings, test pits and probes, including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities.
(b)
The type of drilling or excavation technique employed.
(c)
Drawings of monitoring or observation wells as installed.
(d)
The time and dates of explorations and tests.
(e)
Reports of chemical analyses of on-site surface and ground water in cases of potential impact as determined by the TGC.
(f)
The names and qualifications of individuals conducting the tests.
(g)
The analytical methods used on soils, water samples and rock samples.
(h)
A one-inch-equals-one-hundred-feet-scale topographic map of the site (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater, including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow, if required by the approved Phase II Investigation Plan.
(i)
A geologic interpretation of the observed subsurface conditions, including soil and rock type, geologic unit, jointing (size and spacing), faulting, voids, fracturing, grain size and sinkhole formation.
(j)
An evaluation of the geotechnical findings at the site gathered during the Phase II Investigation, in relation to the proposed development, and recommendations for the planning, engineering design and construction techniques to be utilized in accomplishing the project. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations. The engineering solutions proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.
(k)
Any other information required by the approved Phase II Investigation Plan.
(14)
Review report.
(a)
The Geotechnical Evaluation Report shall be reviewed by the TGC, and a review report shall be submitted by the TGC to the approval authority within 30 days of the submission by the applicant of the Geotechnical Evaluation Report. The TGC's report shall review the completeness of the Geotechnical Evaluation Report and shall advise the approval authority whether or not the applicant has provided the municipality with:
[1]
Site specific design and construction details and specifications to ensure that the proposed development of the tract will be properly implemented and will not adversely impact on the health, safety and welfare of the community.
[2]
Verification that the proposed method of development of the tract will minimize any adverse effects on the quality of surface or subsurface water and will not alter the character of surface and/or subsurface water flow in a manner detrimental to known on-site or off-site conditions.
[3]
Testing and design performance standards which comply with the standards set forth in § 90-48J and good engineering practices.
[4]
Specific details on inspection procedures to be followed during the construction and after project completion.
(15)
The approving authority shall, within 45 days of the receipt of the report from the TGC, approve or disapprove the proposed geotechnical aspects of the development plan and associated construction techniques. In the event that the approval authority denies the proposed development plan and associated construction procedures, the approval authority shall state in the resolution its reasons for disapproval.
E.
Geologic hazards discovered during construction. Geologic hazards may exist in developments which received approvals prior to the adoption of this section of the Code. Those hazards may be discovered during or after construction. Even where a development approval required a geologic investigation program, a specific geologic hazard may not be identified and remediated while the geologic investigation program is underway and may be discovered during or after construction. In such cases the developer and/or the owner shall:
(1)
Report the occurrence of the hazard to the Municipal Clerk and engineer within 24 hours of discovery.
(2)
Halt construction activities which would impact the geologic hazard.
(3)
Prepare a report on the geologic hazard which analyzes the impact of the hazard and details a remediation plan for review and approval by the municipal GTC.
(4)
After obtaining approval from the municipality, perform necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways and other site improvements and to minimize pollution of the groundwater.
(5)
Repair any damage to improvements and restore ground cover and landscaping.
(6)
Reimburse the Township for the cost of inspection or other costs incurred in connection with the geologic hazard.
(7)
In those cases where the hazard cannot be repaired without adversely affecting the development, the developer and/or owner shall file an amended application for development in compliance with the provisions of this chapter.
F.
Compliance and enforcement.
(1)
Compliance with this section is required prior to the granting of preliminary major subdivision, conditional use or preliminary site plan approval (except minor site plans). The completion of geotechnical improvements is required before the commencement of construction where appropriate, or concurrently with construction when necessary, but in any event prior to the issuance of any certificate of occupancy for the project. The enforcement officials for any application requiring the approval of the Land Use Board subject to this chapter shall be the Municipal Engineer and the TGC. The municipal engineer shall serve as the enforcement official for wastewater systems requiring NJDEP permits or Treatment Works Approvals.
[Amended 12-9-2002 by Ord. No. 2002-14]
(2)
Failure to comply with any of the conditions in this chapter may result in the issuance of a stop-work order, revocation of building permits or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geotechnical evaluation report, are not followed and result in actions which adversely impact karst features.
G.
Carbonate Area District data distribution. On-site geologic information collected through the provisions of this chapter represents important resource data. Copies of the final geotechnical evaluation report and all maps and accompanying data shall be filed with the Municipal Board of Health, the Municipal Clerk, and the Land Use Board secretary. The municipality shall develop a catalogue system of all available municipally-generated geologic reports. This file shall be accessible to the public during normal working hours.
[Amended 12-9-2002 by Ord. No. 2002-14]
H.
In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading and the contamination of ground and surface waters. The exact kinds of sinkholes and/or subsidence is not always predictable; therefore, the administration of these regulations shall create no liability on behalf of the municipality, the Municipal Engineer, the Township Geotechnical Consultant, municipal employees or municipal agencies as to damages which may be associated with the formation of sinkholes or subsidence. Compliance with these regulations represents no warranty, finding, guarantee or assurance that a sinkhole and/or subsidence will not occur on an approved property. The municipality, its agents, consultants and employees assume no liability for any financial or other damages which may result from sinkhole activity. It is also noted that sinkholes and ground subsidence may occur in areas outside the CAD and/or in areas of carbonate geology presently not identified as such. The applicant and/or property owner should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials.
§ 90-72.1 Solar-powered streetlighting.
[Added 11-1-2010 by Ord. No. 2010-13]
Streetlighting, which is at the discretion of the Land Use Board, for all development in the Township, including all subdivisions and site plans, must be powered by solar energy, except where the Township Engineer determines that the use of solar energy in the subject location is not feasible.