Franklin Township Warren County
City Zoning Code
City Zoning Code
ARTICLE VIII
Zoning
§ 90-52 Carbonate Area District. [1]
[Added 6-10-1996 by Ord. No. 96-9]
The entire Township has been determined to be in a Carbonate Area District as defined in this chapter. In addition to the zoning regulations affecting the zoning districts established by § 90-53 of this Code, special investigation and construction requirements may be imposed on major subdivisions, site plans and conditional uses located in the Carbonate Area District as established by § 90-72C of this Code.
[1]
Editor's Note: Former § 90-52, Purposes, was repealed 8-24-1992 by Ord. No. 92-6 and 8-8-1994 by Ord. No. 94-6.
§ 90-53 Zoning districts, Zoning Map and boundaries.
[Amended 3-30-1987 by Ord. No. 87-4; 9-28-1987 by Ord. No. 87-9; 12-11-1989 by Ord. No. 89-10; 6-29-1992 by Ord. No. 92-5; 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
A.
Establishment of districts. The following zoning districts are hereby established:
[Amended 8-14-2000 by Ord. No. 2000-12; 8-14-2000 by Ord. No. 2000-13; 8-14-2000 by Ord. No. 2000-14; 7-7-2014 by Ord. No. 2014-4]
RC | Rural Conservation | |
R-75 | Village Residential | |
PD | Planned Development Option District | |
C-1 | Village Commercial | |
C-2 | Township Commercial | |
HC | Highway Commercial | |
I | Industrial | |
OB | Office Building District |
B.
Zoning Map. The boundaries of the districts are hereby established as shown on the map entitled "Zoning Map of the Township of Franklin," dated August 1992, that accompanies and is made a part of this chapter. The map is on file in the office of the Clerk of the Township and is available for inspection, and copies thereof are available to interested members of the public at a cost set by resolution of the Township Committee. This Zoning Map may be amended from time to time by ordinance, and, upon adoption of any such amending ordinance, the schedule on the Official Zoning Map of 1992, under Primary Use and Minimum Lot Area, shall conform and be consistent with § 90-56B, Schedule of Area, Bulk and Yard Requirements, as amended. Notwithstanding the foregoing, the boundaries of the PD Zoning District are as set forth in Article X of this Chapter 90.
[Amended 8-14-2000 by Ord. No. 2000-12; 8-14-2000 by Ord. No. 2000-13; 8-14-2000 by Ord. No. 2000-14]
C.
Zone boundaries. District boundary lines are intended to follow street center lines, lot or property lines or other natural or man-made boundaries as they existed as of the date of enactment of this chapter unless otherwise indicated by dimensions on the Zoning Map. The exact location of any disputed district boundary line shall be determined by the Land Use Board upon proper application made by any interested party.
[Amended 12-9-2002 by Ord. No. 2002-14]
§ 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]
§ 90-54.1 Regulation of slope disturbance.
[Added 10-1-2007 by Ord. No. 2007-16]
B.
Methodology to determine degree of slope. The method of determining slopes classified as moderate and critical shall be based upon two-foot contours and measured over a distance having a minimum change in vertical elevation of 10 feet. A steep slope analysis showing slope classes 0% to 14.99%, 15% to 24.99% and 25% or greater shall be delineated on the subdivision plat or site plan. The slope classifications shall be calculated utilizing a two-foot contour interval.
C.
Development restrictions.
(1)
There shall be no site disturbance, including, but not limited to, grading of the land or removal of vegetation, no structures and no impervious coverage permitted within critical slope areas except for driveways and roads, both public and private; however, any driveway or road must be designed in compliance with maximum grade standards, as contained in this chapter. Roads and driveways shall follow the natural topography to the greatest extent possible to minimize disturbance.
(2)
The disturbance of slopes in the moderate category slope areas shall not exceed 50%. Disturbance shall include but is not limited to grading of the land; removal of vegetation; placement of structures, including stormwater management basins; and impervious coverage.
(3)
For the purposes of subdivision, each residential lot created must include the minimum buildable area as set forth in this chapter. Any existing residential lot of record at the time of the passage of this section shall be exempt from the above provisions, unless and until an application for subdivision or site plan approval of that lot is made.
(4)
The following standards shall apply to existing lots of record if the construction of a residence and associated improvements is proposed on slopes of 15% or greater: A lot grading plan which indicates the proposed driveway plan and profile in accordance with the standards set forth in Chapter 67 of the Township Code, residential and other site grading necessary for the property shall be submitted for review and approval by the Township Engineer. Such plan shall also provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards, adopted and as amended by the New Jersey State Soil Conservation Committee. The approval of the Township Engineer shall be required prior to the issuance of a building permit.
§ 90-55 Nonconforming uses and lots.
A.
Existing uses. Any nonconforming uses or structures existing as of the date of adoption of this chapter may be continued upon the lot or in the building so occupied, and any structure may be restored or repaired in the event of partial destruction thereof.
B.
Enlargement or expansion of nonconforming uses. No nonconforming use may be extended or expanded over a larger area than it occupied at the time of enactment of this chapter.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
C.
Conversion to permitted use. After a nonconforming building or use has been converted to a permitted use, it shall not be changed back again to a nonconforming use.
D.
Abandonment. If a nonconforming use has been abandoned, such use shall not be recommended. Cessation of a nonconforming use for a continuous period of one year may be taken as prima facie evidence of an intent to abandon such use.
E.
Nonconforming lots. Any lot existing as of the date of enactment of this amended subsection that is located in a residential district and fails to comply with the minimum requirements of this chapter may have a building permit issued for a new building or addition for a use permitted in the zone district in which it is located without an appeal to the Land Use Board, provided that the building height, building coverage and lot coverage requirements of the zone are not exceeded and provided that the yard requirements may be reduced by the ratio of the area of the nonconforming lot to the lot area required in the zone, except that no required yard shall be reduced to less than 50% of the requirement of the zone and except that no front or rear yard shall be reduced to less than 25 feet and no side yard shall be reduced to less than 10 feet in the R-.75 Zone and 25 feet in all other zones.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6; 12-9-2002 by Ord. No. 2002-14]
§ 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.
§ 90-57 Conditional use regulations.
A.
Regulations for houses of worship.
[Amended 6-9-2003 by Ord. No. 2003-13]
(1)
All bulk requirements of the zone shall govern except for specific deviations from bulk requirements in the zone as specified below.
(2)
Buildings shall be at least 100 feet from a road or residential district or property line.
(3)
Maximum building height shall be 35 feet. However, a steeple(s) or other religious design feature may be erected above the height limits, provided that it is clearly related to the religious purpose and does not expand the capacity of the facility to accommodate people. The steeple(s) or other religious design feature may not exceed a height greater than 50 feet.
(4)
Lot size shall be greater than or equal to five acres for a house of worship and associated religious school building.
(5)
Lot size shall be greater than or equal to six acres if a parsonage is included.
(6)
Maximum lot coverage shall not exceed 30%.
(7)
Off-street parking shall be provided on the basis of one space for each three seats or one space for each 72 inches of seating space when benches rather than seats are used. If separate and distinct uses are proposed on any given property, the total off-street parking space requirement will be determined by calculating the sum of the number of spaces required for each use.
(9)
An evergreen planting to form a visual screen shall be provided for a depth of 20 feet at a minimum height of five feet between any house of worship site and an abutting residential district or property line.
B.
Educational uses. The minimum tract size shall be 10 acres. There shall be a buffer strip between school playgrounds and adjoining residential districts of evergreen or other appropriate plantings as approved by the municipal agency.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
C.
Regulations for hotels. All hotels shall meet the following minimum requirements:
(1)
Minimum tract size shall be 130,000 square feet, with a minimum lot circle diameter of 300 feet.
[Amended 3-30-1987 by Ord. No. 87-4]
(2)
No principal or accessory building shall be closer than 100 feet to any property line, nor shall off-street parking spaces be located closer than 50 feet to any property line.
(3)
No off-street parking shall be permitted in any front yard.
(4)
An evergreen planting to form a visual screen shall be provided for a depth of 20 feet at a minimum height of 48 inches between any hotel site and an abutting residential district.
[Amended 7-10-1980 by Ord. No. 80-10]
(5)
Off-street parking shall provide for one space for each guest room and spaces sufficient to accommodate guests of meeting rooms and banquet halls and all employees.
[Amended 7-10-1980 by Ord. No. 80-10]
(6)
The height limitation is 35 feet, and the maximum building coverage on the tract is 15%.
[Amended 7-10-1980 by Ord. No. 80-10]
(7)
No pavement is to be placed on any portion of a tract located in an aquifer protection area.
(8)
Connection to a public sewer shall be provided, if available; otherwise an acceptable sanitary treatment plant approved by the State Department of Environmental Protection shall be provided.
D.
Regulations for motels. Motels shall meet all requirements established in Subsection C, except as follows:
E.
Regulations for restaurants. Restaurants shall meet the following minimum requirements:
(1)
Minimum tract size: 300 feet in width by 400 feet in depth.
[Amended 7-10-1980 by Ord. No. 80-10]
(2)
Height limitation: two stories or 35 feet.
(3)
Off-street parking shall be provided on the basis of one space for each five seats or seating capacity.
(4)
Off-street parking shall be provided no closer than 40 feet to any property line.
F.
Regulations for ECHO Housing. ECHO housing units shall meet the following requirements:
[Added 6-14-1993 by Ord. No. 93-5]
(1)
The applicant must submit to the Land Use Board with the application for conditional use approval a site plan of the premises, which must show thereon or be accompanied by the following:
[Amended 12-9-2002 by Ord. No. 2002-14]
(a)
The name and address of the owners of the premises.
(b)
The name, address and date of birth of the one or two persons who will occupy the ECHO Housing Unit, verification of the physical illness or disability which makes the person unable to live independently and verification of the relationship to the person residing in the principal dwelling.
(c)
Verification from the governmental agency which owns the proposed ECHO housing unit that the agency consents to the application and that the applicant qualifies for the program.
(d)
The Township tax map sheet, block and lot numbers.
(e)
The lot dimensions and the location of the principal building and accessory buildings and structures existing on the premises, together with the location of the proposed ECHO housing unit, with all setback lines shown from all lot lines and other structures on the premises.
(f)
The location of existing sewage disposal and water supply systems.
(g)
Verification of County Board of Health approval of any on-site sewage disposal system intended to serve the ECHO housing unit.
(h)
Any other information deemed necessary by the Land Use Board to protect the general health and welfare of the residents of the Township.
(2)
The ECHO housing unit shall only be permitted on a lot upon which one single-family dwelling is located.
(3)
The lot shall be no less than one acre in area.
(4)
The ECHO housing unit shall not exceed 750 square feet.
(5)
The ECHO housing unit shall not be located within the front yard of the lot nor within 20 feet of the rear or side lines of the lot.
(6)
There shall be one parking space provided for the ECHO housing unit.
(7)
Adequate sewage disposal arrangements must be provided for the unit, either by a public sewer system or on-site sewage disposal by a system approved by the Warren County Health Department. The Land Use Board shall not act on the conditional use application until it has reviewed the County Board of Health's approval of the system.
[Amended 12-9-2002 by Ord. No. 2002-14]
(8)
Adequate water supply shall be provided for the unit either by public water supply or by on-lot well, either in common with the principal dwelling on the lot or an individual well for the unit. In the event that an individual well is provided for the unit, upon removal of the unit, the well shall be capped.
(9)
The unit may be manufactured housing, provided that the width of the unit shall be no less than 22 feet.
(10)
The foundation for the unit shall be of treated wood or other similar material which meets all applicable construction codes, but which is amenable to complete removal when the need for the unit ends.
(11)
The ECHO housing unit shall be constructed in such a fashion as to be readily removable and shall be constructed and removed in accordance with all applicable laws, regulations, codes and ordinances.
(12)
The ECHO housing unit shall not be occupied by more than two people, one of whom shall be 60 years of age or older and unable to live independently because of physical illness or disability. One of the persons occupying the unit must be related by blood, marriage or adoption to one or more of the persons residing in the principal dwelling on the lot upon which the dwelling unit is to be located.
(13)
The occupant(s) must meet the income limitations of the governmental agency which owns the ECHO housing unit.
(14)
The ECHO housing unit shall be removed upon the death of the original occupants or upon a permanent change of residence by the same. The removal shall take place within 90 days of the earlier of the above-mentioned events. After removal of the ECHO housing unit, the site shall be restored so that no evidence of the unit remains.
(15)
The use and occupancy of the ECHO housing unit by any person other than permitted by this subsection or the failure to remove the unit within 90 days as required by Subsection F(14) shall constitute a violation of this chapter.
(16)
The certificate of occupancy shall state that it shall be subject to all provisions of this subsection, and any violation thereof shall constitute an automatic revocation of such certificate of occupancy.
(17)
As a condition of approval, the applicant shall be required to record in the office of the Warren County Clerk a deed or a declaration of restrictions setting forth that the use and occupancy of the ECHO housing unit on the lot is temporary and is subject to all of the conditions of the conditional use approval granted by the Franklin Township Land Use Board as embodied in the resolution of the Land Use Board and setting forth the date of that resolution.
[Amended 12-9-2002 by Ord. No. 2002-14]
H.
Automobile service stations. Automobile service stations shall meet the following minimum requirements:
(1)
Minimum tract size: 300 feet in width by 400 feet in depth.
[Amended 7-10-1980 by Ord. No. 80-10]
(2)
No gas pumps or lanes or parking of motor vehicles shall be permitted within 30 feet of the street line.
(3)
There shall be no revolving signs or lights or fluttering banners used on the premises, but not exceeding three A-frame signs advertising services or products may be used on the site.
(4)
An evergreen planting to form a visual screen shall be provided for a depth of 10 feet and minimum height of 48 inches between any service station and an abutting residential property or district.
(5)
No disabled vehicles or wrecks shall be maintained on the premises in the open for more than 48 hours.
J.
Regulations for mixed retail commercial and office development. Mixed retail commercial and office development, in districts where permitted as a conditional use, shall meet the following minimum requirements:
[Added 6-29-1992 by Ord. No. 92-5]
(1)
Such uses shall be on a minimum lot area of three acres located within 250 feet from a lot containing a major public facility such as a school or library or nonretail employment use.
(2)
A minimum of 25% of the uses in a mixed retail commercial and office development shall be uses otherwise permitted in the HC Zone. The remaining uses may be stores for convenience goods, personal services and similar retail uses and professional offices. General, administrative, medical offices and other professional offices shall be permitted in independent structures under conditions outlined in the parking requirements section of this chapter. Other medical and quasi-medical uses such as opticians, medical supply, pharmacies, etc., not including general medical practitioners and dentists, shall be permitted in mixed-use centers. Laundromats are prohibited, unless public sewer is provided. Individual community septic systems shall not be construed to be public sewers for the purposes of this chapter. Photo-processing, printing, furniture stripping and refinishing, manufacturing, automobile painting and dry-cleaning processing uses shall be prohibited. Dry-cleaning establishments where items are dropped off for processing at another location are permitted.
(3)
Minimum bulk standards shall be as follows:
(a)
Minimum lot frontage along any public right-of-way: 300 feet.
(b)
Minimum lot width (measured at setback): 300 feet.
(c)
Minimum front yard building setback from Route 57: 100 feet.
(d)
Minimum side and rear yard building setback from property line: 50 feet.
(e)
Minimum side and rear building setback from a property line adjacent to a residential use or vacant residentially zoned property: 75 feet.
(f)
Maximum floor area ratio within 500 feet of Route 57: 15%.
(g)
Maximum floor area ratio for areas beyond 500 feet from Route 57: 10%.
(h)
Maximum impervious coverage: 55%.
(i)
Maximum building height: two stories; 35 feet.
(j)
Minimum parking setback in front yard from Route 57: 60 feet.
(k)
Minimum parking setback from side and rear yard property line: 25 feet.
(l)
Minimum parking setback from side and rear yard property line abutting a residential use or vacant residentially zoned property: 50 feet.
(m)
Minimum width of any store unit: 20 feet.
(n)
Minimum floor area per unit: 1,200 square feet.
(o)
No building devoted to retail use shall be permitted more than 500 feet away from the Route 57 right-of-way. (This prohibition does not include associated parking.)
K.
Regulations for wireless telecommunications towers and antennas. See § 90-59.1D for conditional use standards.
[Added 12-28-1998 by Ord. No. 98-16]
L.
Low-impact storage in the HC Zoning District.
[Added 6-25-2001 by Ord. No. 2001-6]
(1)
The minimum tract size shall be 10 acres.
(2)
The maximum building height shall be two stories and 35 feet.
(3)
The maximum floor area ratio or building coverage shall be 25%.
(4)
The maximum lot coverage shall be 40%.
(5)
All circulation to and from the property shall be by way of direct access to the state highway. Access to or from a municipal roadway is strictly prohibited.
(6)
No principal or accessory building shall be closer than 150 feet to any property line.
(7)
No parking or loading area shall be closer than 100 feet to any property line.
(8)
Any principal or accessory building shall be situated a maximum distance of 500 feet from the front property line. The "front property line" shall be deemed the property line parallel to the front facade of the principal building.
(9)
Not withstanding the provisions outlined in Subsections L(6) and (7), any area within the zone which is situated behind the rear wall of the principal building shall be utilized strictly as open space and will be utilized solely for compliance with the provisions outlined in Subsections L(3) and L(4).
(10)
External refrigeration units are not permitted.
(11)
Exterior-mounted mechanical and electrical equipment, and roof-mounted equipment, shall be architecturally screened so as to be visually unobtrusive.
(12)
The architectural treatment of the exterior and roof shall be completely continued around all sides of a building with complementary materials and colors. Detailed architectural drawings shall be reviewed by an architectural review subcommittee appointed by the Land Use Board. The subcommittee shall prepare and forward their recommendations to the full Land Use Board. The Land Use Board shall review the subcommittee's recommendations and provide a report outlining the Land Use Board's recommendations. The Land Use Board's recommendations will be binding.
(13)
Where the proposed development is adjacent to a residential zone, a berm and landscaping screen shall be provided. The landscaping shall consist of a three-tiered landscape screen, including shrubs, understory trees and canopy trees. For each 50 feet of buffer length, the landscaped screen shall consist of 20 shrubs, six understory trees (deciduous and/or evergreen trees that do not generally reach the mature height of the canopy trees) and three canopy trees (large deciduous trees).
(14)
Deliveries and shipments shall not occur before 7:00 a.m. or after 10:00 p.m. from Monday through Saturday, with no deliveries or shipments on Sunday. Truck motors and their accessory motors shall not be left running outside the permitted shipping hours.
§ 90-58 Off-street parking requirements.
A.
Construction. All off-street parking areas, other than single-family residential parking areas, shall be surfaced with an asphalt bituminous or cement binder pavement, which shall be graded and drained to dispose of all surface water, as approved by the Township Engineer. Curbing shall consist of Belgian block or concrete. In residential zones, parking areas may be either paved or covered with shale, gravel, stone or other like material to a minimum depth of two inches.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
B.
Off-street parking requirements. All uses permitted or conditionally permitted in any of the districts herein established shall provide minimum off-street parking as follows:
(1)
For each dwelling unit, two spaces; for each ECHO housing unit, one space.
[Amended 6-14-1993 by Ord. No. 93-5]
(2)
For a school, house of worship or other use involving the assembly of persons, one space for every three seats or seating accommodations.
[Amended 6-9-2003 by Ord. No. 2003-13]
(3)
For any governmental building, 1 1/2 spaces for each employee.
(4)
For a restaurant or similar use, one space for every four seats, plus one for every employee.
(5)
For offices, excluding medical offices, one space for each 225 square feet of gross floor area or 1 1/2 spaces for each employee, whichever is greater.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
(6)
One space per 200 square feet of gross floor area for all other commercial uses.
[Amended 7-10-1980 by Ord. No. 80-10]
(7)
For medical offices, one space for each 175 square feet of gross floor area.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6]
(8)
For manufacturing plants, assembly operations, research laboratories and general industrial uses, one space for each 500 square feet of gross floor area.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6]
(9)
For warehouses and storage buildings, one space for each 3,000 square feet of gross floor area devoted to warehouse and storage use. Office space within a warehouse or storage building shall provide one space for each 250 square feet of gross floor area devoted to office use.
[Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6; 6-7-2021 by Ord. No. 2021-5]
C.
All off-street parking areas shall be used solely for the parking of motor vehicles, and no commercial repair work or service of any kind shall be conducted on such parking lot. No signs, other than entrance, exit and condition-of-use signs, shall be maintained.
D.
Off-street parking facilities shall be provided on the same lot with the permitted principal building, except that owners of two or more business buildings may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein and complies in all respects with the requirements of this section.
E.
Any building containing more than one use shall meet the combined parking space requirements for all uses in the building. Any change in use within a building shall be required to meet the minimum parking requirements for the new use.
[Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
§ 90-59 Signs.
[Amended 5-24-1993 by Ord. No. 93-4; 11-29-1993 by Ord. No. 93-7]
A.
General regulations.
(1)
No sign shall be erected until a permit has been obtained from the Zoning Officer and, if necessary, from the Construction Official.
(2)
The term "sign" shall not apply to a religious symbol, unaccompanied by lettering, when applied to a cornice, tower or spire of a place of worship.
(3)
Signs may only identify a use conducted on the premises.
(4)
No sign shall be located within any required sight triangle area.
(5)
No sign, by reason of its position, shape, color, device or content, shall interfere in any way with vehicular or pedestrian traffic or driving vision or interfere with, resemble or be designed to be confused with any traffic directional, identification or emergency control signs.
(6)
No sign, by reason of its position, shape, color, device or content, shall interfere in any way with the view by vehicular or pedestrian traffic of any other sign on the same property or nearby property.
(7)
No sign visible from vehicular traffic shall use arrows, "go," "stop," etc., as part of its structure or message.
(8)
All signs shall be constructed in such a manner and of such materials so as to withstand a wind pressure of at least 40 pounds per square foot.
(9)
Signs shall be maintained in good condition and not allowed to become dilapidated.
(10)
No signs shall be illuminated by lighting of intermittent or varying intensity.
(11)
No illuminated signs shall be made of combustible material.
(12)
No signs shall cause objectionable glare or light intensity anywhere within viewing distance.
(13)
No signs shall have a surface lighting intensity of more than 50 footcandles when measured one foot from the sign's face.
(14)
No sign shall use neon, xenon and other tube-type lighting unless it is located in a commercial zone district.
(15)
No signs attached to buildings shall project more than eight inches beyond the vertical wall of the building or above the roofline or the top of any parapet wall.
B.
Prohibited signs. The following signs shall be prohibited:
(1)
Animated signs or flashing or illusionary signs using mechanical, electrical or other devices to revolve, flash or display movement or the illusion of movement.
(2)
Signs attached to utility poles.
(3)
Silhouetted and/or three-dimensional signs which do not have opaque backgrounds.
(4)
Signs which are mounted upon a vehicle and parked upon a public highway for advertising purposes.
(6)
All off-site commercial advertising signs.
C.
Permitted signs. The following signs shall be permitted, subject to the stated conditions:
(1)
All zone districts.
(a)
No more than one sign advertising the sale, rental or lease of the premises upon which the sign is placed. Such sign shall be removed within 48 hours after closing of title or change of possession.
[1]
For individual residential properties, the sign shall be no more than six square feet in area.
[2]
For residential major subdivisions, commercial properties and vacant land, there may be one sign not exceeding 32 square feet in area for each 1,000 feet of road frontage, which sign shall be set back at least 15 feet from the road right-of-way line or any property line and shall not be located in any sight triangle.
[3]
All signs advertising the sale of lots in a major subdivision shall be removed as required above unless a homeowners' or property owners' association is in existence, and such association has agreed to maintain a suitably constructed permanent sign identifying the name of the subdivision.
(b)
A professional, identifying or historical nameplate no greater than two square feet in area. Such signs are limited to one per lot and may be attached to a front wall of a building or to a suitable post in the yard, provided that said sign shall be not less than 10 feet from the side lot line and not less than 10 feet from the front lot line. Name or announcement signs for dwellings may be illuminated by not more than 40 watts.
(c)
One temporary sign advertising functions of religious or charitable or fraternal organizations, located upon the premises and not exceeding eight square feet in area, provided that said sign shall be located outside any required sight triangle.
(d)
A sign identifying civic, public or quasi-public buildings located upon the premises and not exceeding 32 square feet in area, provided that said sign shall not be less than 25 feet from the side lot line at the established setback line and not less than 10 feet from the front lot line and located outside any required sight triangle.
(e)
Temporary signs identifying construction sites, which signs shall not exceed eight square feet in area and are to be removed upon completion of work.
(f)
Signs relating to traffic, municipal events, legal notices, dangers or other events, when placed or approved by the governing body or other appropriate legal authority.
(g)
Signs not exceeding 120 square inches prohibiting trespassing or hunting.
(h)
A permitted home occupation or home professional office may have one attached or freestanding identifying sign. If the lot fronts on a state highway, the sign area shall not exceed 12 square feet. On all other lots, the sign area shall not exceed six square feet.
(i)
Political campaign signs which shall be removed within one week after the election at which the sign is directed.
(j)
Commercial uses accessory to agricultural uses and preexisting nonconforming commercial or industrial uses may erect signs in conformity with those permitted in the commercial and industrial zone districts.
[Amended 12-30-1994 by Ord. No. 94-8]
(2)
Commercial and industrial zone districts.
(a)
The total area of all signs shall not exceed 10% of the facade of the building. If more than one facade of the building is visible from the street, signs may be placed on each facade, provided that there shall be signs on no more than three facades.
(b)
All signs shall be attached to the building, except as provided elsewhere in this section, and shall not project more than eight inches beyond the sides and front of the building or above the roofline or the top of any parapet wall.
(c)
Where a building requires several different signs, they should be similar in size, materials, colors and lettering.
(d)
For shops, stores and offices, recommended signage is a graphically consistent system of darker-colored traditional-style letters, routed or applied to a neutral background.
(e)
Signs necessary for traffic regulations and parking and loading area shall be permitted in accordance with American Association of State Highway and Transportation Officials (AASHTO) or other engineering standards as approved by the Land Use Board during the site plan approval process.
[Amended 12-9-2002 by Ord. No. 2002-14]
(f)
One freestanding sign identifying the business or businesses, which is no greater 64 square feet in area, not exceeding 20 feet in height and not closer than 10 feet to the front or side property line, shall be permitted. If the lot is larger than five acres, the freestanding sign may be no greater than 128 square feet in area.
(g)
A gasoline filling station may have:
[1]
One customary freestanding identification sign not more than 80 square feet in area. Any such sign shall be no more than 30 feet in height, shall be set back at least 30 feet from the street line and shall not rotate, being completely stationary at all times.
[2]
Not more than three A-frame signs advertising services or products.
(h)
One portable sign is allowed on a premises containing a commercial use upon receipt of a permit and subject to the following regulations:
[Added 12-30-1994 by Ord. No. 94-8]
[1]
One portable sign shall be permitted on a lot for a maximum of 90 days per calendar year. The ninety-day period may be consecutive or nonconsecutive. If nonconsecutive, its period of use shall be in thirty-day increments. The signs shall be removed and stored out of sight from any location off the lot where the sign is located during any time period that it is not in use. The time limits set forth in this subsection shall not apply to any and all nonprofit and/or charitable organizations.
[Amended 3-1-2004 by Ord. No. 2004-4]
[2]
Portable signs may be lighted, provided that the sign face is white or opaque and the lettering is black. Blinking lights on portable signs are not permitted.
[3]
Portable signs shall be located outside of the public right-of-way and outside of sight triangles and shall be situated so as not to impede the line of sight for traffic entering and exiting the property.
[4]
Portable signs shall not exceed 32 square feet.
[5]
The permit for a portable sign to be used during a calendar year shall be obtained from the Zoning Officer within the first month of the calendar year. The applicant for a portable sign shall specify in the permit application the designated dates when the portable sign will be used.
(3)
HC Highway Commercial Zone District.
(a)
The following sign types and placement per each store, shop or office use are permitted:
[1]
Building facade signs placed below the lower cornice or above or on the transom or lintel of windows and doors.
[2]
Hanging signs not exceeding six square feet in area and which do not interrupt the line of the facade. The treatment of the sign and the decorative bracket must complement the building.
[3]
Signs on canopies or awnings, with letters two feet high or less.
(b)
A sign shall not obscure, conflict with or cover any architectural detail (i.e., cornice) and must be aligned with major building elements, such as windows, trim and structure lines.
(c)
Businesses located on the upper floor of buildings shall place their identifying signs on the ground level of the building, not to exceed two square feet in area.
(d)
One freestanding sign per lot is permitted. It shall not exceed 64 square feet in sign area or a height of 20 feet.
(e)
As an alternative to the standards contained or referred to herein, the applicant may submit, for Land Use Board approval, a Sign and Graphics Standards Manual containing specific design, including location, type, size, color and lettering, for all signs. If approved by the Land Use Board, the Sign and Graphics Standards Manual shall apply to the mixed-use development.
[Amended 12-9-2002 by Ord. No. 2002-14]
(4)
PD Planned Development Option District.
(a)
The following signs are permitted:
[1]
One sign at each entrance of the development leading from a public street which is not more than 32 square feet in area.
[2]
Traffic and directional signs and signs attached to dwelling units identifying the unit.
[3]
During the period of initial sales of dwelling units, one sign shall be permitted in front of each model unit, either attached to or directly in front of such model unit, no larger than four square feet, identifying the model and a sign identifying the sales office, no larger than four square feet.
§ 90-59.1 Wireless telecommunications equipment and facilities.
[Added 12-28-1998 by Ord. No. 98-16]
A.
Purpose. The purpose of this section is to regulate the location and placement of wireless telecommunications towers, antennas and equipment compounds associated with towers and antennas within the Township of Franklin. It is also the purpose of this section to recognize that the installation of new towers to support such antennas has a negative impact on the scenic and historic character of the countryside that the Franklin Township Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless telecommunications towers. The goals of this section are to:
(1)
Protect residential areas and land uses from the potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential areas and along major transportation corridors;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening and innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications services to provide such services to the community effectively and efficiently;
(8)
Consider the public health and safety impact of communications towers; and
(9)
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.
B.
Permitted use/conditional use treatment.
(1)
Notwithstanding anything in this Chapter 90 to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under § 90-64.1 of this chapter and consistent with the visual compatibility requirements of § 90-59.1C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant also shall meet the standards of § 90-59.1D.
C.
Visual compatibility requirements.
(1)
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be located, designed and screened to blend with the existing natural or built surroundings so as to minimize visual impacts through the use of color and camouflaging, architectural treatment, landscaping and other available means considering the need to be compatible with neighboring residences and the character of the community.
(2)
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of wireless telecommunications facilities.
(3)
A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of wireless telecommunications antenna provided it is:
(a)
Situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield the wireless telecommunications compound from public view; or
(b)
When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center.
(c)
Located to avoid being visually solitary or prominent when viewed from residential areas and when in public view.
(d)
Enclosed within a solid wooden fence at least seven feet high, as approved by the Township Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 15 feet.
D.
Conditional use standards for the location of wireless telecommunications antennas or towers.
(1)
An applicant desiring to construct wireless telecommunications antennas in residential zones or towers in any zone shall provide a sufficient showing so as to:
(a)
Prove the need for wireless telecommunications antennas at the proposed location. The evidence shall identify the wireless network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Township.
(b)
Prove that a good faith attempt has been made to locate the antennas on existing buildings or structures within the applicant's search area. Efforts to secure such locations shall be documented through correspondence by or between the wireless telecommunications provider and the property owner of the existing buildings or structures. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following items:
[1]
No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirements to provide reliable coverage.
[2]
Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
[3]
The provider's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the provider's proposed antenna.
[4]
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[5]
Other limiting factors that render existing towers and structures unsuitable.
(c)
Document the locations of all existing communications towers within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of its attempt or attempts to collocate.
(d)
Comply with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.
(e)
Demonstrate efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Such demonstration shall include the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence by or between the wireless provider and the property owner.
Priority | Zone | Equipment | Location | Permitted (p) or Conditional (c) | |
|---|---|---|---|---|---|
1 | Commercial | Antenna | Collocated with other antennas on existing structures or towers | p | |
2 | Commercial | Antenna | Existing structure or tower | p | |
3 | Residential | Antenna | Collocated with other antenna on existing structure or tower | c | |
4 | Residential | Antenna | Existing structure or tower | c | |
5 | Commercial | Tower | Construct a tower in a commercial area | c | |
6 | Residential | Tower | Construct a tower in a residential zone | c |
NOTES: Commercial includes the 1, IP, OB, C-1, C-2 and HC zones. [Amended 8-14-2000 by Ord. No. 2000-14] | |||||
E.
Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection D above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:
(1)
Minimum lot size: as required by the zone district in which located or two acres, whichever is larger.
(3)
Minimum setback for equipment compound from any property line: the zone district setback requirements for a principal building.
(5)
Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.
F.
Site plan application requirements for the installation of wireless telecommunications towers.
(2)
Land uses and structures on abutting parcels.
(3)
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
(4)
A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
(5)
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.
(6)
A copy of the lease or deed for the property.
(7)
A plan which shall reference all existing wireless telecommunications facilities in the Township and any such facilities in the abutting municipalities which provide service to areas within Franklin Township.
(8)
Any changes to facilities proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
G.
Design standards.
(1)
The wireless telecommunications tower shall be designed and constructed so as to accommodate a minimum of three antenna arrays of separate telecommunications providers (the applicant's plus two collocators).
(2)
Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.
(3)
No lighting is permitted except as follows:
(a)
Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(b)
No lighting is permitted on a wireless telecommunications tower.
(4)
Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(5)
Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(6)
Wireless telecommunications facilities shall be surrounded by a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional security and safety devices shall be permitted or required, as needed, and as approved by the approving authority.
(7)
Any proposed new telecommunications tower shall be designed to resemble a tree, silo, windmill or steeple in order to disguise and camouflage the tower so that it is consistent with the Township's agricultural and rural landscape.
[Amended 9-24-2001 by Ord. No. 2001-10]
(8)
No equipment shall be operated so as to produce noise in excess of the limits set by N.J.A.C. 7:29-1.1 et seq., except for in emergency situations requiring the use of a backup generator.
(9)
Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
H.
Discontinuance of operations. Operators of wireless telecommunications towers and antennas, and owners of the property on which the facilities are located, shall notify Franklin Township when the use of such towers and antennas is discontinued. Facilities that are not in use for wireless telecommunications purposes for 12 months shall be removed by the operator at its cost. This removal shall occur within 120 days of the end of such twelve-month period. Upon removal, the site shall be cleared, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. Any lease between a property owner and an operator shall contain a requirement that the owner is responsible for removal in the event of abandonment by the operator, and the lease shall be recorded prior to the issuance of a zoning permit or construction permit. If the tower is to be located on lands owned by the operator, a declaration of covenants and restrictions establishing these requirements shall be recorded prior to the issuance of a zoning permit or construction permit.
I.
Collocation and shared facilities and sites. FCC-licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically and economically feasible.
§ 90-59.2 Small wind energy system accessory use standards.
[Added 12-6-2010 by Ord. No. 2010-14]
A.
Purpose. The purpose of this section is to promote the safe effective and efficient use of small wind energy systems to reduce the on-site consumption of utility-supplied electricity and to protect the public health safety and general welfare for the residents of the Township of Franklin.
C. OWNER RENEWABLE ENERGY FACILITY ROTOR DIAMETER SMALL WIND ENERGY SYSTEM SYSTEM HEIGHT TOWER HEIGHT VAWT SYSTEMS WIND ENERGY SYSTEM WIND GENERATOR
Definitions.
The individual or entity that intends to own and operate the small wind energy system in accordance with this section.
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
The cross-sectional dimension of the circle swept by the rotating blades of a wind powered energy generator.
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and technical bulletins issued in accordance with the requirements of P.L. 2009, c. 244.[1]
The height above grade of the tower plus the wind generator.
The height above grade of the fixed portion of the tower, excluding the wind generator.
Vertical axis wind turbine which utilizes vertical panels as opposed to horizontal propellers.
A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component necessary to fully utilize the wind generator. For the purposes of this section, "wind energy system" refers only to those systems that are outdoors.
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
[1]
Editor's Note: See N.J.S.A. 40:55D-66.12.
E.
Standards. A small wind energy system shall be permitted subject to the following:
(1)
Small wind energy systems shall be permitted as an accessory use in all zone districts.
(2)
A minimum lot size of five acres shall be required to install a small wind energy system.
(3)
Small wind energy systems shall not be located within the front yard setback of the applicable zone district.
(4)
Towers shall be set back a distance equal to 1 1/2 the height of the tower from all property lines, public roads, power lines, and existing and proposed structures. The distance shall be measured from the center of the tower.
(5)
Towers shall not exceed a total height of 100 feet.
(6)
Small wind energy systems shall be placed in such a manner as to minimize visual impacts to adjacent residential zone districts and/or existing residential dwellings.
(7)
Access restrictions shall be designed as follows:
(a)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b)
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 15 feet above the ground.
(8)
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(9)
A small wind energy system shall remain painted or finished in the color or finish of grey or white that was originally applied by the manufacturer.
(10)
There shall be no signs on a small wind generator system or any associated building except for the manufacturer or installer identification and appropriate warning signs.
(11)
Small wind energy systems that connect to the electric utility grid shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
(12)
No more than one small wind energy system shall be permitted on a lot.
(13)
The level of noise produced by wind turbine operation shall not exceed 55 dBA beyond the ambient noise levels prior to construction as measured at the property boundaries of the parcel on which the small wind energy system is located. The applicant shall provide technical information on noise levels prepared by a qualified professional.
(14)
No small wind energy system shall be roof-mounted, except that a VAWT system may be installed upon a roof subject to the following requirements:
(a)
A VAWT system may be roof-mounted provided that the total height of the system shall not extend beyond 10 feet above the roof line and may be located on any portion of the roof provided further that the said system shall be setback no less than 50 feet from any property line.
(15)
All wind energy systems, unless a VAWT system permitted to be constructed on a roof, shall be mounted on a monopole and shall not utilize a truss frame construction requiring wired guyed systems.
(16)
All wind energy systems shall provide for manual braking system and an over-speed control to prevent over spin during periods of excessively high winds.
(17)
There shall be a minimum ground clearance of at least 30 feet between the finished grade and bottom of any rotor of a wind energy system mounted on a tower.
(18)
Batteries used in conjunction with wind energy systems shall be recycled or properly disposed of in accordance with hazardous waste management regulations.
(19)
All power lines from the small wind energy system to on-site interconnection equipment shall be located underground and installed by certified professional and must meet all applicable national, state, and local electrical codes. All power lines from small wind energy systems to on-site interconnection equipment shall be located underground or above ground in conduit where underground installation is impractical due to subsurface conditions, and installed by a certified professional and must meet all applicable national, state and local electrical codes.
F.
Zoning permit requirements for small wind energy systems.
(1)
An application for a Zoning Permit for a small wind energy system shall provide the following information:
(a)
Location, dimension and use of all existing structures on site.
(b)
Location and proposed ground elevation of the proposed small energy wind system.
(c)
Location of all aboveground utilities on the proposed parcel.
(d)
Location of all public and private roadways.
(e)
Design data indicating the basis of design including manufacturer's specifications and operation requirements.
(f)
Verification shall be provided by a design professional that the proposed location on the subject parcel and proposed tower elevation has sufficient wind speeds for operation of the wind energy system. Upon completion, a certified letter will be required stating that the structure was constructed as per the certified drawings by licensed professional engineer.
(g)
Surrounding land uses adjacent to the parcel.
G.
Abandonment. A small wind energy system that is out-of-service for a continuous twelve-month period shall be deemed abandoned. The Township Zoning Officer may issue a notice of abandonment to the owner of an abandoned small wind energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The Township Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides the Township Zoning Officer with information demonstrating the small wind energy system has not been abandoned. If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the municipality may pursue a legal action to have the wind generator removed at the owner's expense.
H.
Compliance with Building Code. Building permit applications shall be accompanied by standard drawings of structural components of the small wind energy system, including support structures, tower base and footings. Drawings and necessary calculations shall be certified in writing by a registered professional engineer that the system complies with the Building Code.
§ 90-60 Enforcing official.
A.
The office of Zoning Officer is hereby created. The Construction Official shall also serve as Zoning Officer. It shall be the duty of the Zoning Officer to enforce this chapter in accordance with the provisions of this chapter.
B.
It shall be the duty of the Zoning Officer to enforce this chapter and, pursuant to that duty, to investigate any violation or alleged violation of this chapter coming to the Officer's attention. All applications to the Building Inspector for building permits shall be examined by the Zoning Officer as to compliance with this chapter, and all such permits shall be signed by the Zoning Officer as well as the Building Inspector. The Zoning Officer shall require two sealed plot plans prepared by a New Jersey licensed professional engineer or land surveyor, drawn to scale, and showing the size and location of all existing and proposed buildings, structures and other facilities, sufficient to enable him to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations or accessory structures to existing single-family dwellings and a sketch prepared by the owner or applicant accepted in lieu thereof. Where there is a question as to the size, location or other zoning requirement, he may require a sealed location survey. In the event of any material deviation from the approved application, plot plan or building plans, the Zoning Officer may stop construction by posting a stop-work notice at the building site. The Zoning Officer and the Building Inspector, and either of them, shall have the right to enter any building or premises during the daytime in the course of duty after proper notification to the property owner or occupant of the property.
§ 90-61 Zoning permits.
A.
It shall be unlawful for an owner, tenant or occupant to use or to permit the use of any structure, building or land or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning permit has been issued by the Zoning Officer. Such zoning permit shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter or in conformity with the provisions of a variance granted according to law.
B.
Any person desiring to change the use of his premises shall apply to the Zoning Officer for a zoning permit stating, under oath, such facts as required. A copy of the zoning permit shall be kept on file at all times upon the premises affected and shall be displayed upon request of any authorized official.
C.
All zoning permits shall be issued in triplicate, and one copy shall be posted conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless the zoning permit covering such operation has been previously issued. Furthermore, no building operations of any kind shall be performed after notification of the revocation of said zoning permit. Every zoning permit for a residence or residential dwelling unit shall set forth the maximum occupancy of said residence or dwelling unit as determined from Schedule A annexed to this chapter.[1]
[1]
Editor's Note: Schedule A is on file in the office of the Township Clerk.
§ 90-62 Violations and penalties.
[Amended 9-28-1987 by Ord. No. 87-9]
For any and every violation of the provisions of this article, the owner, contractor or other person interested as general agent, architect, building contractor, owner, tenant or any other person who commits, takes part in or assists in any violation of this article or who maintains any building or premises in which any violation of this article shall exist and who shall have refused to abate said violation within five days after written notice shall have been served upon him, either by registered mail or personal service, shall, for each and every violation, be subject to a fine of not more than $1,000 or imprisonment in the County jail for a period not exceeding 90 days, or both, at the discretion of the court or judicial officer before whom a conviction may be had, and each and every day that such violation continues after such notice shall be considered a separate and specific violation of this article.