Any development in the RC/Rural Conservation and R-75/Village Residential Zone Districts which results in a net increase in the number of market-rate dwelling units in the Township of Franklin.

Developments that received either preliminary or final site plan and/or subdivision or minor subdivision approval prior to the effective date of this article.

An increase of every eight market-rate dwelling units, or fraction thereof, shall increase the obligation of the Township of Franklin by one affordable housing unit, or fraction thereof.

For every unit increase, or fraction thereof, in the Township's affordable housing obligation resulting from the development, the developer shall be required to increase the number of affordable housing units in the Township by an equal number, as set forth in Subsections A(3) and A(4) below.

For every whole unit of increase in the Township's obligation resulting from the residential development one affordable unit shall be developed on the site or tract being developed or, subject to review and approval by the Land Use Board, at another location within the Township in accordance with the applicable zoning regulations.

For developments that result in a number of market-rate residential units not evenly divisible by eight, the developer may construct one additional affordable unit to satisfy the fractional requirement on the site being developed or at another location in the Township of Franklin in accordance with the applicable zoning regulations, or make a payment in lieu of construction of the additional affordable unit in accordance with § 90-68.

If the affordable unit(s) is constructed on site, the affordable unit(s) shall not be included in the calculation of density as established for the zone district in question.

A mechanism to administer the units in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.

Demonstrate that the units will have a low/moderate-income split in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. For example, in each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units and the remainder may be moderate-income units. Where an odd number of affordable units are required to be provided, a majority of the units shall be low-income units.

Demonstrate that the rents and sale prices of affordable units shall be established in accordance with N.J.A.C. 5:94-7 and with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3, as follows:

Demonstrate that the units will be affirmatively marketed in accordance with N.J.A.C. 5:94-7 and with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.

Demonstrate that the units will have the appropriate controls on affordability in accordance with N.J.A.C. 5:94-7 and with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.

Demonstrate that the units will have the appropriate bedroom distributions in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.

Compliance with the requirements regarding accessible townhouse units in accordance with N.J.A.C. 5:94-4.21.

Compliance with all other applicable requirements of the substantive rules of the New Jersey Council on Affordable Housing. N.J.A.C. 5:94-1.1 et seq., and the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.

To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units within the development. This shall include, but is not limited to, matching the scale, massing, roof pitch and architectural detailing, e.g., exterior materials, doors, windows, of the buildings containing the affordable housing units.

The affordable unit(s) may be designed as one- or two-family dwellings. Where the latter is utilized, it shall be deemed to be a permitted use in the underlying zone when created for the purpose of meeting the growth share obligation.

The following principal uses are permitted:

Accessory uses to the above residential uses and public open space uses, including recreational facilities and structures for the use and enjoyment of the residents and owners of the residential cluster dwelling units, private attached garages with a capacity of not over two automobiles per unit, private storage sheds attached to the side or rear of residential dwelling units, common off-street parking facilities, streets and driveways, fences and signs (subject to the limitations below). Any structure accessory to an individual dwelling unit shall be attached to the unit.

Minimum distance requirements.

No building, driveway or parking area shall be located within 35 feet of the existing tract boundary. No building containing a dwelling unit shall be located closer than 350 feet to any public street existing at the time of the adoption of this provision.

The maximum lot coverage, applied to the residential cluster development, including the common open space, but not any public open space, shall be 40% of the total area of such portion of the tract.

The maximum building height shall be 35 feet. No dwelling unit shall have more than two stories, plus an attic or loft and a basement, which shall be all or partly below grade.

The minimum floor area for individual dwelling units shall be as follows:

Each dwelling unit shall be at least 18 feet wide.

There shall be at least two parking spaces provided for each dwelling unit and parking spaces for guest parking at a ratio of one parking space for each four dwelling units. Parking shall be in areas specifically designated for parking, and no required parking areas shall be designated along interior streets. All required parking for a dwelling unit shall be located within 150 feet of the unit. A driveway specifically designed to serve a single unit may count as a parking space if it is at least 20 feet long.

No residential building shall be more than 150 feet long.

All telephone, electric and cable television utility lines serving the development shall be installed underground.

Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of occupants of each building. Dwelling units shall have access to a master television antenna system, and individual units shall not erect individual external television antennas. Garbage and trash storage and pickup and other utility areas must be provided and shall be located with view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme, with variations in design to provide aesthetic enhancement to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design (such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights) singularly or in combination for each dwelling unit. The developer shall allow the Township Land Use Board to make a recommendation as to the architectural style (meaning simply the general architectural motif of the units, e.g., modern as opposed to colonial) of the residential development. The developer shall notify the Board at least 60 days in advance of the developer's submission of a site plan approval application for the development so that the Board may make such recommendation. The developer shall follow such recommendation, provided that it is received by the developer within 40 days after such notice and the Board's recommendation is reasonable.

All signs shall comply with the provisions of § 90-59 of this chapter.

Privacy fences may be maintained in the rear of dwelling units between individual units, provided that they are located within 15 feet of the building and are not over six feet high. Other fences may be located as required to shield garbage and trash storage facilities and utilities, in buffers, and to provide appropriate security to common recreational and community facilities, wastewater treatment facilities and the like. No fences shall be located so as to obstruct the view of traffic.

All sanitary sewage generated by the development shall be discharged to and treated by an on-site wastewater treatment facility conforming to the requirements of the New Jersey Department of Environmental Protection (NJDEP). The Township shall agree to be copermittee, if required by the NJDEP, for such an on-site wastewater treatment facility, provided that there is given to the Township, through the developer or the homeowners' association for the residential cluster development, written agreement to indemnify and hold harmless the Township, together with an appropriate indemnity bond (or other security if acceptable to the Township) as to any and all claims, damages and penalties arising out of the operation of such wastewater treatment facility and its collection system. All water for dwelling units shall be supplied by a central water supply system connected to a water utility company serving the development.

Common open space of the development shall be owned and maintained by an organization complying with the provisions of N.J.S.A. 40:55D-43 and, except to the extent contradictory to provisions of this § 90-69, with the provisions of § 90-54 of this chapter. All documents pertaining to such organization shall be approved by the approving authority attorney, which approval shall be either accomplished before final site plan approval or as a condition of such approval.

Dwelling units may be subdivided with land encompassing them into fee-simple lots, and the lot and yard dimensions encompassing them may be freely disposed and arranged in the residential cluster development, provided that they are superimposed upon an approved site plan and the following provisions are met:

At least 26% of the overall area of the PD Zoning District shall be devoted to either common open space or public open space (but no more or less than 26% of the same if it is in public open space) in accordance with one of the following two options, which may be finally exercised by the developer upon the grant of final site plan approval for the residential cluster development, with all conditions of such approval having been met (aside from the conditions regarding compliance with Option A just below) and the forty-five-day time period for appeal of such approval having expired with no appeal having been taken or the appeal having been finally resolved in a manner which permits such development; provided, however, that the plat so approved includes the design and all other features of the option exercised and that they comply with the provisions of this chapter:

As to the seven dwelling units restricted for lower-income occupancy, the following provisions shall apply:

The approving authority, with the cooperation of the developer, shall expedite the processing of development applications for the residential cluster development containing lower-income restricted dwelling units.

Notwithstanding any provisions to the contrary in § 90-27 of this chapter, the filing fees and review deposit for preliminary major site plan approval for the residential cluster development shall be as follows:

Except where such requirements are incompatible with the provisions of this § 90-69D, the residential development shall comply with all other requirements of this Chapter 90.

The requirements of § 90-69F shall have been complied with prior to or as a condition of any final development approval of a residential development.

The provisions of the C-1 Village Commercial Zoning District shall apply, except as modified below.

The following principal uses are permitted:

The following conditional use is permitted: automobile service station.

Accessory uses to the foregoing permitted principal uses and conditional use are permitted, including off-street parking and loading, signs, surface water management facilities and fences.

A minimum eighty-foot-wide vegetated buffer, designed and constructed to provide an effective screen between the commercial area and the area of the tract designated for residential development, shall be provided across the rear of the portion of the tract designated for commercial development; such buffer shall be free of structures but may contain a screened surface water detention area and appurtenances and an effluent recharge area from an on-site wastewater treatment facility serving the commercial and residential development on the tract. The buffer area shall count toward area and bulk requirements for the C-1 Zoning District, as modified herein.

The maximum improved lot coverage shall be 70% [or less, if the lot is subject to a lesser percentage as required under Subsection E(7) just below], the intention being that the overall improved lot coverage pertaining in the commercial area shall not exceed 60%.

It is recognized that the development of the commercial area may need to proceed by lot or lots, as the need for commercial development occurs. Consequently, there may be proposed to the approving authority and approved by it development for a lot or lots in the commercial area, without the whole of the commercial area at one time receiving development approval, provided that the applicant for approval of a portion of the commercial area submits to the approving authority a conceptual plan conforming to the requirements of this chapter for development of the portion of the commercial area which has not yet received development approval. Such conceptual plan shall not, however, be binding, although there shall be installed in such remaining portion of the commercial area any improvements (such as, but not limited to, detention facilities and buffers) required as part of the approval for the portion being developed. The commercial area shall contain no more than an overall 129,000 square feet of floor area of buildings and an overall sixty-percent maximum improved lot coverage (applicable to the whole of the area of the tract lying within 400 feet of the southerly right-of-way line of Route 57, said tract and said right-of-way line being those existing at the adoption of this article). At the time a development of a portion (less than all) of the commercial area receives development approval, there shall be imposed on the balance of the commercial area deed covenants or restrictions which will guarantee that the foregoing overall maximum building floor area and improved lot coverage limitations will not be exceeded. No subdivision of the commercial area shall occur without such deed covenants or restrictions being imposed.

Off-street parking shall be permitted in the front yard setback but no less than 10 feet outside the highway right-of-way line.

More than one permitted principal use and principal building may be located on a lot.

The requirements of § 90-69F shall have been complied with prior to, or as a condition of any final development approval in the commercial area.

In recognition that a wastewater management plan for the Township is important to facilitate a wastewater treatment facility serving the seven lower-income restricted units, a contribution of $7,000 toward the preparation of such a wastewater management plan, to be paid prior to the award of the contract for the preparation of such plan and prior to or as a condition of such final approval (unless such contribution of $7,000 has already been made pursuant to a mediation agreement entered between the Township and Cohn Construction Company).

The following contributions to the Township's Housing Rehabilitation and Assistance Fund (which shall be secured by an appropriate letter of credit or deposit of cash with the Township):