A. MISCELLANEOUS PROVISIONS
(1) GAS OR FUEL TRANSMISSION LINES
No structure designed for human habitation shall be placed within 100 feet of any gas or fuel transmission line.
(2) STORAGE OF FUEL FOR MOTOR VEHICLES
The storage of more than five (5) gallons either above or below ground of any volatile, combustible gasoline, diesel fuel or similar substances other than underground fuel oil tanks which are directly connected to a heating source is hereby prohibited in any residential zone district throughout the Township of Franklin, or on any lot upon which there is a residence, or a single or multiple dwelling unit or units in a residential structure, with the exception of a lot which meets the definition of farm as defined in this ordinance or those applicable uses as per Section 112-9H(9) and 112-9B of this Ordinance. Any such storage container not prohibited hereunder containing five (5) gallons or greater shall not be connected to any building, and further, any such container shall be located at a safe distance therefrom. Such container shall be protected from the weather and shall be maintained and kept under security at all times; provided further that such container shall be placed on a stand made of metal or concrete blocks. Stands made of wood or other combustible materials are forbidden.
(3) KEEPING OF LIVESTOCK AND BEES
(a) The keeping of livestock is permitted in the A, R-R and R-40 districts provided that the building used for the shelter and care of said animals is located no closer than 100 feet from any property line, and further that no other animals not owned by the owner or lessee of the property shall be cared for or boarded thereon unless the property complies with the definition of a farming operation as described herein.
(b) [1] No beekeeper shall maintain colonies of honeybees (Apis melliferus) so as to cause physical danger or property damage.
[2] Where the Zoning and Subdivision ordinance of the Township of Franklin does not state Farming operations as a permitted use or permitted accessory use the number of bee colonies shall be limited to two (2).
[3] In the event a citizen's complaint is lodged with the Township about a colony or colonies of honeybees, the Township Manager will authorize an individual (Health Officer, member of Environmental Commission, etc. ) to determine validity of complaint. If the complaint is determined by the Township authority to be valid the Township authority will present the beekeeper with a written list of the problems and the corrective action that must be taken. The beekeeper will have a fourteen (14) day period to take the recommended corrective action.
[4] If the corrective action, as recommended by the Township authority, is not taken within the prescribed fourteen (14) day period, or the corrective action is insufficient to alleviate the problem, the Township authority is empowered to require the removal of the bee colonies from the property. Failure of the beekeeper to remove the bee colonies from the property in a seven (7) day period shall result in a fine of ten (10) dollars per day for each day the colonies remain beyond the removal date.
[5] The Township retains the right to have beehives removed or the bees killed and the hives burned, at the owners expense, if any of the following conditions exist:
[a] The beehives pose an immediate health hazard.
[b] The owners of the hives do not take the corrective action in the prescribed time period as directed by the Township authority.
[c] The owner of the hives cannot be found after a reasonable attempt has been made to locate said owner.
(4) HEIGHT EXCEPTIONS
The height limitations of this ordinance shall not apply to church spires, belfries, and cupolas: nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this ordinance shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public schools, federal, state and municipal buildings, hospitals, and churches may exceed the height limitations of this Ordinance provided that such uses shall increase the front, rear and side yards one half foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than fifty feet.
(5) ROADSIDE STANDS
(a) Roadside stands shall be permitted as an accessory use provided that said use shall sell and display produce primarily raised and produced by the owner of the farming operation.
(b) Roadside stands shall be permitted as an accessory use provided that said roadside stand and produce shall be located no closer than thirty (30) feet from the street line.
(6) EQUIPMENT STORAGE
(a) All junkyards, contractors yards including plumbing and electrical contractors facilities or commercial and industrial facilities storing equipment, raw materials or products outdoors shall completely enclose the storage area by a 6 foot stockade, board and battan or chainlink fence with redwood or treated slats to completely and aesthetically conceal the stored material from, any adjacent properties. vinyl or plastic slats for chainlink fences are not permitted. (Amended 11/10 by Ordinance #1305)
(b) Storage of hazardous wastes materials must be located in a properly enclosed spill-proof facility meeting the requirements of the Health and Fire Departments. All drums and containers of hazardous waste must be clearly labeled as to product and handling instructions. Removal of hazardous waste must be in accordance with Health and Department of Environmental Protection requirements. (Amended 11/10 by Ordinance #1305)
(7) LABORATORIES OF AN EXPERIMENTAL. RESEARCH OR TESTING IN THE ROL DISTRICT
(a) A gets house, bus stop shelter or security office, shall not be more than one story in height and shall not be lose than 25 feet from a street right of way.
(b) Parking areas may be located in any of the required yard areas provided that they are at least 25 feet from a street line and 50 feet from a side or rear lot line.
(c) All such uses shall comply with performance standards as specified in Section 112-9H of this Ordinance.
(d) Permitted Accessory Uses
The following accessory uses are permitted:
[1] Living quarters, recreation facilities and other required accessory uses to the main research use for caretakers and watchman, as well as their families, where the constant availability of the aforementioned employees is necessary. All living quarters as permitted shall comply in height, cubic content, and yards requirements as set forth for the R-R District. In no event shall there be more than one accessory use for living quarters for each five acres.
[2] Private garage space.
(8) PROVISIONS AND USE OF WATER
Whenever the groundwater has been contaminated by chemicals, heavy metals or volatile organics on any premises as verified by the Health Department and State Department of Environmental Protection, well water supplies shall be prohibited where public water in available within 200 feet from the property line connection to said public water shall be mandatory. (Amended 11/10/89 by Ordinance #1305)
(9) RECYCLING FACILITIES IN MULTI-FAMILY HOUSING DEVELOPMENTS
[Adopted 11/9/93 by Ordinance #17981]
(a) Definitions. The terms used in this ordinance are defined as follows:
(b) There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage go of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or. containers shall be determined in consultation with the Municipal recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c.102 (N.J.S.A. 13:lD-99.13) and any applicable requirements of the. Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c.102.
(c) The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
(d) The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area., and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
(e) The recycling area or the bins or container placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.
(f) Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(g) Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
B. CONDITIONAL USES
(1) GROUNDS FOR AUTHORIZING CONDITIONAL USES
Conditional uses, as enumerated in Section 112-7C, shall be permitted upon authorization by the Planning Board, provided that such uses are found by the Planning Board to comply with the following requirements and other applicable requirements as set forth in this section:
(a) The use is a conditional use as set forth in Schedule I.
(b) The use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience of the citizens will be protected.
(c) Adequate landscaping and screening is provided.
(d) Adequate off-street parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
(e) The use conforms to all applicable regulations governing the district in which it is located.
(2) APPLICATION PROCEDURE
(a) The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by an applicant to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant.
(b) The review by the Planning Board of a conditional use shall include site plan review pursuant to Section 112-16B. The time period for action by the Planning Board on conditional uses pursuant to Section 1129B(2)(a) shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording. officer.. for- purposes of filing subdivision plats.
(c) Whenever review or approval of the application by the County Planning Board is required by section 5 of P.L. 1968, c. 285 subdivision, or section 8 of P.L. 1968, c. 285 (C.40:27-6.6), in the case of a site plan, the Franklin Township Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(3) AUTOMOBILE SERVICE STATIONS
Such uses may be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review:
(a) Plans shall show the exact location of buildings, the number of gasoline tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below ground, the number of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of service bays and a description of the nature and extent of the proposed use.
(b) Said proposed use or structure shall not be located on any highway or street within one thousand five hundred (1500) feet of any other automobile service station situated on the said highway or street, or on any other street as measured along the center line of the street or streets.
(c) It is further provided that said use or structure shall not be located on a lot whose lot lines are located within one thousand (1000) feet from any public or private school, hospital, church, library, theater, club, place of assembly seating more than fifty (50) persons, or public building housing offices and records of this municipality.
(d) It shall be further provided that vehicular entrances and exits shall be clearly visible from the highway or street upon which such use is located and shall not be located within fifty (50) feet of a street intersection and further provided that all filling pumps shall be located at least thirty-five (35) feet from the street line and side and rear property lines of the lot on which such use is to be located.
(e) No more than three (3) service stations shall be permitted within a linear mile.
(f) No part of any automobile service station may be used for residence or sleeping purposes except by a watchman.
(g) No part of any building used as an automobile service station nor filling pumps, car lifts, greasing equipment, nor other service equipment used to service or supply motor vehicles shall be erected within fifty (50) feet of any residential zone boundary line.
(h) All lifts and greasing equipment shall be located within an enclosed building.
(i) No gasoline or oil pump or other service appliances installed for use in connection with any automobile service station shall be so installed or located within thirty-five (35) feet of any lot line.
(j) No automobile service station shall store out of doors in a side or front yard, wrecked, damaged or disassembled (either whole or in part) vehicles, boats, used automotive or marine parts or used supplies or materials thereof . Any such storage location in a rear yard shall be screened so that no stored vehicle or article shall be visible from the front of the premises nor to any adjacent premises.
(k) All other regulations for the district in which the use is to be located shall be met except that the minimum lot area for a service station shall not be less than forty thousand (40,000) square feet.
(l) Carwash facilities may be permitted as an accessory use.
(4) BILLBOARDS (Deleted 6/25/91 by Ordinance #1646)
(5) CHURCHES AND SIMILAR PLACES OF WORSHIP
(a) Permitted Zones: Houses of Worship shall be permitted conditional uses in all residential zones and in the NB - Neighborhood Business Zone and the GB - General Business Zone.
(b) Permitted Uses: All proposed principal and accessory uses, including anticipated or future uses, and all principal and accessory structures greater than 100 square feet in area shall:
1) be delineated on the site plan and architectural plan,
2) be included in all Lot Data Table calculations,
3) be addressed in the traffic study, and
(c) Parking Requirements:
1) One parking space per every three seats. One seat shall be considered 22 inches in calculating the capacity of pews or benches. In the event there is no seating provided, parking shall be provided at one parking space for every three persons at the largest anticipated gathering, or a minimum of one parking space for every 15 square feet of worship area.
2) Depending on the number of special occasions, the Planning Board may require overflow parking to be constructed of pervious pavement materials. Parking may be banked upon approval by the Planning Board in anticipation of future growth, but it shall be delineated on the plan, and included in all coverage calculations and drainage calculations.
(d) Parking Location: The majority of the parking shall be located to the rear of the main structure, with no more than 10% of the total parking located at the front entrance for handicapped accessibility, weddings, and funeral services.
(e) Parking Setbacks and Standards: Unless modified herein, the parking setbacks and standards contained in Section 119-9F for the applicable zone shall apply provided that no parking or access driveways shall be permitted within any required buffer area identified in Section 112-9(B)(5)(j) below.
(f) Building Setbacks: The walls of the main building or of any accessory building or structure greater than 100 square feet shall be set back in compliance with the zone district requirements, but in no case less than 50 feet from the abutting street right-of-way line or lines (front yard setback), or less than 25 feet from every adjoining property line.
(g) Building Height: The building shall not exceed the height restrictions for the zoning district in which it is to be located unless in accordance with Section 112-9A(4).
(h) Impervious Cover:
1) Impervious cover shall be permitted to be two times the allowable percent in the applicable zone, with the exception of the GB Zone which shall remain at 80% maximum.
2) Impervious cover may be increased an additional 10% upon approval by the Planning Board where the parking, drive or pedestrian surface is constructed of pervious pavement material, subject to the same conditions contained in Section 112-9B(5)(c)(3) above.
(i) Lot Cover: Lot or building cover maximums shall not apply.
(j) Buffers: Buffering, landscaping and/or fencing shall be required pursuant to either of the following standards where any yard is adjacent to a residential zone or residence:
1) 15 feet of heavily landscaped buffer containing, at a minimum, a double, staggered row of evergreen trees planted at a maximum of 10 feet on center with a minimum planting height of 4 to 6 feet, or approved equivalent; a mix of evergreen and deciduous shrubs; and a 6 foot high, solid, board-on-board fence; or,
2) 25 feet of heavily landscaped buffer containing at a minimum a triple, staggered row of evergreen trees planted at a maximum of 10 feet on center with a minimum planting height of 4 - 6 feet, or approved equivalent; and a mix of evergreen and deciduous shrubs.
**Webmasters Note: The previous subsection, B(5), has been amended as per Ordinance No. 3387.
(6) COMMUNITY RESIDENCES FOR DEVELOPMENTALLY DISABLED, COMMUNITY SHELTERS FOR VICTIM OF DOMESTIC VIOLENCE
Such homes which house six (6) or more individuals except for residential staff may be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review:
(a) Minimum lot size by zoning districts shall be as follows:
(b) Minimum of 250 sq. ft. of gross floor area shall be required for each site occupant inclusive of resident staff personnel.
(c) such community residences must be at least 1,500 ft. apart from each other.
(7) PAST-SERVICE RESTAURANTS
(Deleted 6/11/96 by Ord. No. 1962]. RESERVED
(8) GARDEN APARTMENT DEVELOPMENT
(a) No garden apartment structure shall be located within two hundred (200) feet of a single-family dwelling which is not located on the same lot.
(b) No garden apartment building shall be closer than thirty (30) feet to any other garden apartment.
(c) No more than twenty-four (24) dwelling units in the R-10B Zone or sixteen (16) dwelling units in any other zone shall be contained in any one garden apartment structure. [Amended 8/14/01 by Ord. No. 3236]
(d) A planting screen having a minimum width of ten (10) feet shall be provided along all side and rear property lines that do not abut an Open Space area. This screen shall consist primarily of evergreen trees and earth contouring so as to provide visual screen. Planting material shall be at least three (3) feet high at the time of planting, and it shall be the responsibility of the owner to carry out this program and to promote such maintenance and care as is required to obtain the effect intended by the original plan. [Amended 8/14/01 by Ord. No. 3236]
(e) All private streets shall be paved to a minimum width of thirty (30) feet.
(f) No off-street parking area shall be located within the required front yard area of the development tract.
(g) No on-street, parallel parking shall be permitted on any street, road, thoroughfare, accessway or driveway, whether public or private. [Amended 8/14/01 by. Ord. No. 3236]
(h) On-site parking shall be proved in accordance with the Residential Site Improvement Standards. [Amended 8/14/01 by Ord. No. 3236]
(i) Each parking area shall contain no more than fifty (50) vehicle spaces and shall be adequately lighted either with wall mounted or post mounted ornamental fixtures.
(j) No off-street parking spaces, including detached garages, shall be located closer than seven (7) feet to the principal building and no principal building shall have off-street parking areas on all sides of the building. [Amended 8/14/01 by Ord. No. 3236]
(k) No off-street parking area shall be located closer than ten (10) feet to a side or rear property line.
(l) If garages are provided, they shall have an unobstructed clear floor space area of not less than two hundred forty (240) square feet and such a garage may be built into the dwelling structure or separately constructed as herein provided. [Amended 8/14/01 by Ord. No. 3236]
(m) Each group of attached garages shall be no more than one story in height. The architectural design and materials used in the construction thereof shall conform to the design and building materials used in the construction of other buildings and structures. No part of any garage or other accessory building shall be used for living purposes.
(n) The following recreational requirements shall be met and developed with facilities suitable to serve the residents of the dwelling units; said facilities shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare and any other objectional features emanating therefrom. A minimum of four hundred (400) square feet of recreational area shall be provided for each dwelling unit.
(o) Other Requirements
[1] All projects shall be serviced by public water and sewer utilities.
[2] Minimum lot size shall be one hundred acres in the R-10B Zone and ten (10) acres in all other zones. [Amended 8/14/01 by Ord. No. 3236]
[3] Minimum frontage shall be three hundred (300) feet.
[4] Minimum front yard shall be seventy-five (75) feet.
[5] Minimum side yard shall be forty (40) feet.
[6] Maximum density shall be three and twenty-five one hundreds (3.25) units in the R-10B Zone and six (6) units per gross acre in all other zones. [Amended 8/14/01 by Ord. No. 3236]
[7] Maximum lot coverage shall be twenty percent (20%).
[8] Minimum rear yard shall be forty (40) feet.
[9] The total height of the building shall not exceed three (3) stories nor forty-two (42) feet in height in the R-10B Zone and two and one-half (2-1/2) stories nor thirty (30) feet in height in all other zones. (No basement units are permitted). [Amended 8/14/01 by Ord. No. 3236]
(p) Permitted Accessory Uses
Accessory uses which are customarily incidental to said use, such as but not limited to the following, shall be permitted on the same lot:
[1] Private garages
[2] Swimming pools
[3] Recreation areas and incidental structures accessory thereto
[4] Management office
[5] Maintenance and storage building
(q) Required Use: Low and Moderate Income Dwelling Units
Every garden apartment development shall provide dwelling units for families of low and moderate income pursuant to Section 1129E of this Ordinance except for garden apartments in the R-10B Zone which shall pay a development fee pursuant to Section 11232.02. [Amended 8/14/01 by Ord. No. 3236]
(9) HOME OCCUPATIONS
Home occupations may be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review:
(a) Such use is clearly accessory to the principal use of the structure.
(b) Such home occupation is conducted solely by the resident of the premises or members of his immediate family residing on the premises.
(c) Not more than twenty-five per cent of the gross floor area of the dwelling unit shall be used for the home occupation.
(d) Not more than one non-resident employee may be permitted.
(e) Such use shall be conducted solely within the principal structure.
(f) One sign, not exceeding seven by eighteen inches, shall be permitted indicating the name and home occupation of the occupant.
(g) There shall be no change in the outside appearance of the building or premises which would alter its residential character.
(h) No use shall generate traffic, parking, noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than what normally occurs in the applicable zoning district.
(i) Teaching occupations of a tutoring nature shall be permitted provided that there shall be no more than five pupils in attendance at the same time.
**Webmasters Note: The previous subsections, B(8) through B(9)(i), have been amended as per the 2001 Supplement.
(j) Such uses shall not result in the outside storage or display of any materials.
(k) [Deleted 12-8-92 by Ordinance #1750]
(10) HOSPITALS, PHILANTHROPIC OR ELEEMOSYNARY USES
Hospitals, philanthropic or eleemosynary uses shall be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review:
(a) Said use will have direct access to an arterial or major collector street as defined in this ordinance and as designated on the adopted Master Plan of the Township of Franklin.
(b) Off-street parking space shall be required in accordance with the standards set forth below:
[1] Hospitals - 2.5 spaces for each bed.
[2] Philanthropic and eleemosynary uses - one (1) space for each (2) two employees.
(c) Minimum-lot size shall be 5 acres.
(d) Minimum lot width shall be 200 feet.
(e) Maximum percent of lot coverage shall be 15%.
(11) KENNELS
Kennels may be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review:
(a) No structure or pen used for keeping or exercising of animals shall be located within seventy-
five (75) feet of any property line.
(12) MEMBERSHIP SWIMMING POOLS
Membership swimming pools may be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review:
(a) Such use shall meet the following area, yard and site requirements:
[1] Minimum frontage shall be 300 feet.
[2] Minimum depth shall be 600 feet.
[3] Minimum lot area shall be 10 acres.
[4] No building, structure, parking area, driveway or recreational facility or use shall be within twenty-five (25) feet of any boundary of the subject property, except that a driveway providing direct ingress and egress from a public roadway may be located within said buffer, but not within seventy-five (75) feet of a site boundary of the subject property.
(b) The seventy-five (75) foot buffer as required shall be planted and maintained with adequate trees and shrubs to provide adequate visual and noise barriers and shall meet the following specifications:
[1] A six (6) foot high security fence must be provided at the inner perimeter of the buffer area, contiguous to recreational facilities area.
[2] If no natural tree growth exists which forms a visual and noise barrier within the buffer area, a screen planting consisting of evergreen trees shall be provided.
[3] The minimum height of the plantings at the time of installation shall be five (5) feet and shall be of the type to reach a mature height of at least ten (10) feet.
[4] Said evergreen trees shall be planted in four staggered rows and no tree shall be more than twenty (20) feet from the next adjacent tree.
(c) Entrance driveways and exit driveways shall have plantings, the mature height of which shall not exceed two (2) feet. These plantings shall extend on either side of the driveway for a distance of fifteen (15) feet.
(d) Plans indicating the proposed planting layout must be submitted for approval prior to planting. Plans shall be drawn at a scale no greater than 1-50' and shall show the location, variety and size of proposed plantings.
(e) Off-street parking facilities shall be provided pursuant to Section 112-9F of this. ordinance.
(f) No parking will be permitted on internal driveways or roadways.
(g) Each pool will be developed in accordance with at least the Minimum Standards for Public Pools as recommended by the National Swimming Pools Institute.
(h) A membership swimming pool facility shall have direct access to and front on at least a collector street as shown on the adopted Township Master Plan.
(i) No membership swimming pool shall be located within one mile of another such facility.
(j) Outdoor public address facilities shall be specifically prohibited.
(k) The maximum membership limit of said organization shall be fixed at the time of application for site plan approval and shall be commensurate with the amount of facilities to be utilized and the exact nature of the use.. No further expansion of. said membership shall be granted unless additional facilities are developed and site plan approval and conditional use approval obtained therefor.
(13) NURSING HOMES
Licensed nursing homes may be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review:
(a) Nursing homes shall be constructed and furnished so as to provide facilities, lodging and care for not less than 35 patients.
(b) All nursing homes. shall be constructed in such a manner as to comply with the State of New Jersey, Department of Institutions and Agencies, Manual of Standards for Nursing Homes, reprinted July, 1967 as amended from time to time, and in compliance with the pertinent codes of the Township of Franklin including, but not limited to, the site plan procedure herein.
(c) The lot or tract on which said nursing home is situated fronts on a primary or secondary or collector road as designated on the Master Plan of the Township of Franklin.
(d) No nursing home shall be situated on a site not serviced by water and sewer utilities maintained and operated by a public utility, franchised with the Township of Franklin or by the Township of Franklin.
(e) No nursing home shall be operated in the Township of Franklin unless duly licensed and approved by the Department of institutions and Agencies in the State of New Jersey.
(f) All nursing homes shall be equipped with a fire sprinkler system and thermal alarm system connected to the Franklin Township Police Department. The maintenance of said systems shall be the continuing responsibility of the owner.
(g) Landscaping should be such as may be easily maintained and contribute to the overall appearance and use of the site. Landscaping shall be the continuing responsibility of the owner.
(h) All nursing homes shall have a minimum land area of five acres.
(i) Minimum lot width shall be three hundred feet.
(k) Such uses shall have a minimum fifty feet side yard on each side.
(l) Maximum percent lot coverage shall be twenty percent.
(m) Off street on-site parking shall include one space per two beds and one space per employee including doctors, nurses, orderlies and management personnel, and in no event shall include less than ten spaces for employees and management.
(n) Rear yards shall be fifty feet minimum.
(o) Maximum height of nursing home structures shall be two stories, not to exceed thirty feet.
(p) There must be an adequate driveway for unobstructed ambulance entrance to an exit in the building. Said driveway shall be such that ambulances can enter and leave the premises without danger of being blocked by other traffic or parked vehicles and with sufficient room for turning, loading and unloading said ambulances.
(q) A safe and convenient system of drives, walkways, access areas, parking facilities must be provided for the employees, doctors, management, visitors, ambulances, delivery vehicles and fire, police or other emergency vehicles.
(r) There shall be adequate outside lighting to provide safety for all persons at all times at said nursing home, and said lighting shall be directed and shielded so as to cause minimum disturbance to adjoining properties.
(s) Nursing home structures shall be built of fireproof material in accordance with the Building Codes of the State of New Jersey and the Township Fire Code.
(t) Nursing home design shall be functional and shall adequately provide for the health, welfare and safety of the patients, employees, visitors and general public.
(14) PHILANTHROPIC OR ELEEMOSYNARY Uses
See section 112-9B(9)
(15) PROPRIETARY SCHOOLS
Proprietary schools may be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review.
(a) Such school shall-have, as its prime purpose, the general education of students in the arts and sciences, and shall be licensed by the New Jersey Department of Human Services or the Department of Education (NJ) if a license for its operation is required by law.
(b) Any other provision contained in this chapter notwithstanding, no school building or part thereof shall be erected nearer than a distance equal to three times the height of such building to any property line other than a street line.
(c) All accessory buildings shall be located on the same lot as the principal building, and the sum of all areas covered by all principal and accessory buildings shall not exceed 30 percent of the area of the lot.
(d) No school permitted hereunder shall be a trade school except to the extent that instruction in a particular trade or trades may be a part of the general education curriculum of the school in the arts and sciences, and no correctional, health or any other institution not primarily concerned with the general education of students in the arts and sciences shall be permitted.
(16) PUBLIC UTILITY INSTALLATIONS
The location of all public utility installations shall be permitted upon authorization by the Planning Board in accordance with the following standards and site plan review:
(a) No public utility electric or gas main transmission line shall be located within one hundred (100) feet of a school, church, or other public buildings.
(b) No permanent storage of vehicles or outdoor storage of materials shall be permitted.
(17) RESIDENTIAL CLUSTER AND TOWNHOUSE DEVELOPMENT
Such development shall be permitted upon authorization of the Planning Board in accordance with the following standards and site plan review:
(a) The minimum development. tract size shall be ten (10) acres.
(b) The maximum permitted density shall be six (6) dwelling units per gross acre.
(c) The development shall provide four hundred (400) square feet of recreational area for each dwelling unit. Such space shall not include the yard areas of a lot(s) in fee simple ownership. All private streets shall be paved to a minimum width of thirty (30) feet.
(d) In addition to yard requirements for the tract of land set forth in Schedule II (Lot and Yard Requirements), no dwelling unit shall be located less than twenty-five (25) feet from the curb line or edge of pavement of a private street or access driveway.
(e) Each individual lot shall have a front and rear yard not less than twenty (20) feet. There shall be a single side yard of not less than twenty (20) feet at the end of each row. In the instance of a development proposal under this subsection creating a lot for each dwelling unit, each unit shall have a rear yard of not less than twenty (20) feet.
(f) There shall be no more than eight (8) dwelling units in any single group of dwelling units.
(g) No dwelling unit, or group of dwelling units, shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, whichever is lesser. No living space shall be permitted above the second floor.
(h) Refuse storage areas shall be so designed as to minimize any detrimental effect on the character of the development.
(i) All utility wiring shall be underground.
(j) Common accessory buildings and facilities shall be designed to harmonize with the overall character of the development and shall meet the setback requirements set forth herein for groups of dwelling units.
(k) All site facilities shall meet Township design standards.
(l) Required Use: Low and Moderate Income Dwelling Units.
Every residential cluster development shall provide dwelling units for families of low and moderate income pursuant to Section 112-9E of this Ordinance.
(18) RESERVED
(19) RESERVED
(20) WAREHOUSES
The following uses may be permitted subject to the authorization by the Planning Board in accordance with the following standards and site plan review:
(a) No warehouse building shall be higher than 1 story; in any event no warehouse building shall be higher than 30 feet.
(b) Lot coverage shall not exceed 40%.
(c) Floor area ratio shall not exceed a maximum of 0.4.
(d) Impervious lot coverage shall not exceed 60% of lot area.
(e) Loading bays/areas shall not be located in the front of the building or in any yard adjacent to a residential district and shall not be on any side of a building which faces a street.
(f) No sale of goods to the general public shall be permitted on the premises.
(21) [FLAG LOTS deleted 7-13-99 by Ordinance #3057 as Conditional Use/added as subdivision option, Section 112-9D]
**Webmasters Note: The previous numbers (20) and (21) have been amended as per supplement dated 12/31/99.
(22) Reserved
(23) R-10A ZONE SINGLE FAMILY DEVELOPMENT (Added 10/24/95 by Ordinance #1921)
R-10A Zone Single Family Development shall be permitted in the R-10A Zone south of Bunker Hill Road in accordance with the following standards and subdivision plan review:
(a) Permitted principal uses shall be single family dwellings.
(b) Permitted accessory sues shall be private garages, private swimming pools and signs (see Sections 112-9G).
(c) Conditional uses shall be public utility installations, community residences, home occupations and churches and other similar places of worship.
(d) The minimum development tract size shall be 10 acres.
(e) The maximum permitted density shall be 3 dwelling units per gross acre.
(f) The minimum lot size shall be 10,000 square feet.
(g) The minimum frontage shall be 75 feet. The minimum frontage requirement on corner lots shall be met on all frontages on a public street.
(h) The minimum front yard setback shall be 25 feet. Front yard setbacks on corner lots shall comply with sight triangle distances as established elsewhere in this ordinance.
(i) The minimum side yard setback shall be 8 feet on one side.
(k) The minimum setbacks for accessory structures shall be 8 feet for side and 10 feet for rear yards.
(l) The maximum lot coverage shall be 25%.
(m) The maximum impervious coverage shall be 35%.
(n) The maximum height shall be 35 feet or 2-1/2 stories, whichever is less.
(o) All streets shall have a right of way of 50 feet and shall be paved to a minimum width of 30 feet.
(p) Off-street parking spaces shall be provided pursuant to Section 112-9F.
(q) Garages shall be constructed according to the following standards:
(1) All garages provided shall conform architecturally to and be of similar materials as the principal building in the development;
(2) No detached garage shall exceed a height of one story or fifteen feet; and
(r) All streets shall have 4 feet concrete sidewalks on one side.
(s) All utility wiring shall be underground.
(24) SENIOR CITIZEN VILLAGE DISTRICT
(Added 9/23/97 by Ord. #2030/Deleted from Conditional Uses, Amended and readopted as 112-90 8/8/00 by Ordinance #3148) Number reserved for future use.
RESERVED
**Webmasters Note: The previous subsections, (23) and (24), have been amended as per the 2000 Supplement.
(25) WIRELESS COMMUNICATIONS ANTENNAS
[Added 6/10/98 by Ordinance #2088; replaced in its entirety 5/22/01 by Ordinance #3222]
(a) Purposes.
It is the overall purpose of these ordinance provisions to provide specific zoning conditions, standards and limitations for the location, approval and operation of antennas which are used for the transmission and reception of wave frequencies for the purposes of any wireless communication (e.g., telephone, radio, internet, paging and/or television communication) within the Township of Franklin, which recognize the Deed to safeguard the public good and preserve the intent and the purposes of the Franklin Township "Master Plan" and "Zone Plan".
(b) Overall Objective.
The overall objective of these ordinance provisions is to enable the location within the Township of Franklin of those antennas which are necessary to provide adequate wireless communication services while, at the same time, limiting the number of supporting towers to the fewest possible.
(c) Specific Goals.
(1) To minimize the total number of wireless communication towers within the Township of Franklin;
(2) To limit the impact of wireless communications antennas, towers and related facilities upon the residences and the streetscapes throughout the Township of Franklin;
(3) To safeguard the prevailing and historic character of development throughout the Township of Franklin, with particular emphasis to maintaining the prevailing character of the historic districts and sites throughout the Township;
(4) To encourage the location of antennas upon, or within, existing structures, including existing, wireless communication towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers;
(5) To encourage as many antennas as possible, of as many of the wireless communication carriers as possible, to be collocated on the fewest number of existing structures within the Township of Franklin;
(6) To discourage the 'Construction of new towers which do not have the likelihood of being used by a number of wireless communication carriers;
(7) To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and vistas through careful design, siting, landscape screening and innovative camouflaging techniques;
(8) To formulate and maintain, for land use planning purposes, a complete inventory of all wireless communications antennas, towers and related facilities within the Township of Franklin, and others in the vicinity of the Township, which are capable of providing service within the Township;
(9) To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these ordinance provisions to provide such services quickly, effectively and efficiently; and
(10) To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332 (c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property and community aesthetics.
(d) Exemptions Of Applicability.
These "Wireless Communications Antennas" ordinance provisions shall be applied as follows:
(1) These ordinance provisions shall not govern any tower, or the installation of any antenna, that is under seventy feet (70') in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions;
(2) These ordinance provisions shall not govern any parabolic satellite antennas;
(3) Notwithstanding any provision of this "Development Ordinance of the Township of Franklin" to the contrary, the location and height of antenna(s) on, or within, any of the existing structures noted or referenced in Subsections 112-9 B. (25) e. 1. & 112-9 B. (25) e. 2. herein below shall be considered a permitted use in the subject zoning district and, therefore, shall not require "Conditional Use" approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law, nor shall any variance be required in accordance with N.J.S.A. 40:55D-70d. of the Municipal Land Use Law; and
(4) Notwithstanding any provision of this "Development Ordinance of the Township of Franklin" to the contrary, the location and height of antenna(s) on lands owned by the Township of Franklin, which lands have been approved by the Franklin Township Council for the location of the tower, shall be considered a permitted use in the subject zoning district and, therefore, shall not require "Conditional Use" approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law, nor shall any variance be required in accordance with N.J.S.A. 40:55D70d. of the Municipal Land Use Law.
(e) Locations Where Wireless Communication Antennas Are Permitted. "Wireless Communication Antennas" for telephone, radio, internet, paging and/or television communication shall be permitted within the Township of Franklin only at the following prioritized locations, and in accordance with the review and approval requirements specified for the different priorities specified in these ordinance provisions:
(1) First Priority Locations:
The first priority locations shall be the existing wireless communication towers, existing buildings, existing water towers or water standpipes, and existing high tension power line stanchions listed within Addendum I to these ordinance provisions;
(2) Second Priority Locations:
The second priority locations shall be within any existing silo or within any existing steeple of a church;
(3) Third Priority Locations:
The third priority locations shall be on new supporting towers on lands owned by the Township of Franklin, which lands have been approved by the Franklin Township Council for the location of a tower; and
(4) Fourth Priority Locations:
The fourth priority locations shall be on new supporting towers on lands situated within the Township of Franklin. zoned within the "C-B" Corporate Business, the "R-0-L" Research-Office-Laboratory, the " M-1 " Light Manufacturing, the "M-2" Light Manufacturing or the "M3" Mining and Manufacturing zoning districts.
(5) Submission, Review And Approval Requirements.
(1) Regarding the first and second priority locations, which are noted herein above in Subsection 112-9 B. (25) e. 1. and 112-9 B. (25) e.2. of these ordinance provisions, the review and approval of a submitted application by the Franklin Township Director of Planning and by the Franklin Township Engineer shall be required, and no variance or site plan approval by either the Township Planning Board or by the Township Zoning Board of Adjustment is necessary.
(a) The applicant first shall meet with the Director of Planning and the Township Engineer to discuss the proposed location of the wireless communication antennas, the proposed location and possible landscape screening of any cabinets enclosing the related electronic equipment, and any other construction that may be proposed or required regarding the installation of the proposed antennas;
(b) In accordance with the instructions given to the applicant by the Director of Planning and by the Township Engineer at the time of the meeting, the applicant thereafter shall submit plans and documentation for review, approval and signing by both the Director of Planning and by the Township Engineer, and no construction permit shall be issued by the Township Construction Official until he or she is in receipt of such signed plans; and
(c) In any case, the height of any proposed antenna extending above any existing tower, any existing building, any existing water tower or water standpipe or above any existing high tension power line stanchions shall be demonstrated by the applicant, to the satisfaction of the Director of Planning and Board and the Township Engineer, to be the minimum height necessary for the proposed installation to satisfactorily operate.
(2) Regarding the third priority locations for new supporting towers on lands owned by the Township of Franklin, the review and approval of a submitted application by the Franklin Township Council shall be required, and no site plan approval by either the Township Planning Board or by the Township Zoning Board of Adjustment is necessary.
(a) The subject land owned by the Township of Franklin first must be approved by the Franklin Township Council for the location of a tower in consideration of existing site conditions and surrounding land uses;
(b) If approved by the Franklin Township Council, the decided upon area shall be subject to a lease agreement between the applicant and the Township of Franklin;
(c) The lease agreement shall have a detailed plan of the proposed tower attached to the agreement, which detailed plan shall be reviewed for the Township Council by the Township Planning Director and by the Township Engineer;
(d) The detailed plan attached to the lease agreement shall have been approved by the Township Council and include the location of the wireless communication antennas and tower, the design and height of the proposed tower, the proposed location and possible landscape screening of any cabinets enclosing related electronic equipment, and any other construction that may be proposed or required regarding the installation of the proposed antennas; and
(e) In any case, the height of any proposed new supporting tower shall not exceed one hundred fifty feet (150') unless it can be demonstrated by the applicant, to the satisfaction of the Township Council, that a higher height is necessary for the proposed installation of the antenna(s) to satisfactorily operate.
(2) Regarding the fourth priority locations for new supporting towers on lands situated within the Township of Franklin zoned within the "C-B" Corporate Business, the "R-O-L" Research-Office-Laboratory, the " M-1 " Light Manufacturing, the "M-2" Light Manufacturing or the "M3" Mining and Manufacturing zoning districts, any such proposed supporting tower and related electronic equipment shall require both "Conditional Use" approval in accordance with Section 112-9 B. and "Preliminary Major Site Plan" and "Final Major Site Plan" approvals in accordance with the requirements specified in Article IV of this ordinance.
The specific conditions, standards and limitations for new supporting towers within the subject zoning districts and certain additional information to be submitted by the applicant for site plan approval are as follows:
(a) In order to be declared "complete", the initially submitted application shall include all of the applicable documentation and items of information required for preliminary and final major site plans specified in this ordinance;
(b) In order to be declared "complete", the initially submitted application shall include an "Overall Comprehensive Plan" in accordance with Subsection 112-9 B. (25) g. of this ordinance herein below;
(c) In order to be declared "complete", the initially submitted site plan shall indicate conformance with all of the "Area And Setback Requirements" stipulated in Subsection 112-9 B. (25) h. of this ordinance herein below;
(d) In order to be declared "complete", the initially submitted site plan shall indicate conformance with each of the Design Details" enumerated in Subsection 112-9 B. (25) i. of this ordinance herein below, and any deviation from any of the "Design Details" shall be addressed in writing by the applicant at the time the plans are first submitted;
(e) In order to be declared "complete", the initially submitted application shall include the "Additional Documentation" indicated in Subsection 112-9 B. (25) j. of this ordinance herein below,
(f) During the public hearing process, the applicant shall schedule the time for a crane or balloon test with the Township Director of Planning in order to provide the members of the Planning Board and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the Planning Board, including photographic reproductions of the crane or balloon test, graphically simulating the appearance of the proposed tower, with at least three (2) antenna arrays attached thereto and from at least fifteen (15) locations around and within one (1) mile of any proposed tower where the tower will be most visible; and
(g) In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board may hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire other experts with specialized areas of expertise if deemed necessary.
(g) Overall Comprehensive Plan.
In order to effectuate the purposes, objective and goals of these ordinance provisions as noted herein above, any applicant to the Township of Franklin for approval to erect a new supporting tower for wireless communication antennas as a "Conditional Use" shall provide threshold evidence that the proposed location of the proposed tower and antennas has been planned to result in the fewest number of tower locations within the Township of Franklin at the time full service is provided by the applicant throughout the Township. Therefore, the applicant shall provide an "Overall Comprehensive Plan" indicating how it intends to provide full service throughout the Township of Franklin and, to the greatest extent reasonably possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Township. More specifically, the "Overall Comprehensive Plan" shall indicate the following, and this information shall be provided at the time of the initial submission of the application in order for the application to be deemed complete and be scheduled for a public hearing:
(1) The mapped location and written description of all existing and approved supporting towers within one (1) mile of the subject site, both within and outside of Franklin Township;
(2) The mapped location and written description of all existing or approved water towers or water standpipes and existing high tension power line stanchions within one (1) mile of the subject site, both within and outside of Franklin Township;
(3) Why the proposed antennas could not be located on any of the existing structures within one (1) mile of the subject site;
(4) How the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Township of Franklin by the applicant and by other providers of wireless communication services within the Township;
(5) How the proposed location of the proposed antennas specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure; and
(6) How the proposed location of the proposed antennas specifically relates to the overall objective of providing full wireless communication services within the Township of Franklin while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers or require towers of a lesser height.
(h) Area And Setback Requirements.
Any applicant to the Township of Franklin for approval to erect a new supporting tower for wireless communication antennas as a "Conditional Use" shall adhere to the following minimum area and setback requirements:
(1) The proposed supporting tower, antennas and ancillary related electronic equipment shall be located on a land area no less than one-half (2) acre in size, although the Planning Board can approve a smaller land area for good cause shown by the applicant;
(2) The minimum required one-half (2) acre land area shall either be a separate undeveloped lot or a leased portion of an existing undeveloped or developed lot;
(3) The proposed supporting tower, antennas and ancillary related electronic equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses located on the subject land area,. whether a separate lot or a leased portion of a lot; and
(4) Excepting for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted within a one hundred foot (100') setback distance from any street line and within a three hundred foot (300') setback distance from any lot line of any adjacent property, provided that, in any case, no building, structure and/or land disturbance shall be located within five hundred feet (500') of any historic district or site as duly designated by Franklin Township, the State of New Jersey and/or by the federal government.
(i) Design Details.
Any applicant to the Township of Franklin for approval to erect a new supporting tower for wireless communication antennas as a "Conditional Use" shall adhere to the following design details:
(1) Any proposed tower shall be a "mono-pole", unless the applicant can demonstrate, and the Planning Board agrees, that a different type pole is necessary for the collocation of additional antennas on the tower or for camouflaging purposes.
(2) To the greatest extent possible, no tower shall be located to be visible from any historic district or site as duly designated by Franklin Township, the State of New Jersey and/or by the federal government.
(3) To the greatest extent possible, no tower shall be located to be visible from any public street.
(4) To the extent possible, any new tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower's base from being visible from adjacent properties and from any street right-of-way.
(5) All new towers shall be camouflaged (e.g., housed in a "silo", "bell tower", etc., or made to look like a "tree" or a non oversized "flagpole") as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Township and the existing land uses and vegetation in the vicinity of the subject site.
(6) The height of any proposed new supporting tower shall not exceed one hundred fifty feet (150') unless it can be demonstrated by the applicant, to the satisfaction of the Board, that a higher height is necessary for the proposed installation of the antenna(s) to satisfactorily operate.
(7) To the greatest extent possible, all cables shall be installed within underground conduits.
(8) No signage is permitted, unless "warning" and/or equipment information signs are deemed necessary for safety purposes and are specifically approved by the Planning Board.
(9) Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.
(10) No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide to the Planning Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
(11) individual cabinets for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:
(a) Any proposed cabinet enclosing required electronic equipment shall not be more than fifteen feet (15') in height nor more than two hundred fifty (250) square feet in area, and only one (1) such cabinet shall be permitted for each provider of wireless communication services located on the site;
(b) No electronic equipment shall interfere with any public safety communications;
(c) All of the electronic equipment shall be automated so that, to the greatest extent possible, the need for onsite maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
(d) All the required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a one and one-half (12) story building, which building shall not exceed one thousand (1,000) gross square feet in area and twenty feet (20') in height, and which shall be designed with a single-ridge, pitched roof with a residential or barn-like character of appearance; and
(e) The building may have one (1) light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
(12) Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
(a) The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;
(b) The landscaping plan shall be prepared by a licensed Landscape Architect who shall present testimony to the Planning Board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building; and
(c) Any newly planted evergreen trees shall be at least eight feet (8') high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of two inches (2") at time of planting.
(j) Additional Documentation.
Any applicant to the Township of Franklin for approval to erect a new supporting tower for wireless communication antennas as a "Conditional Use" shall provide the following additional documentation:
(1) Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic - Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
(2) A letter of intent by the applicant, in a form which is reviewed and approved by the Township Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication services at reasonable rates which shall be economically viable; and
(3) The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Planning Board, in a form approved by the Township Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment cabinets, and all other related improvements to the land to be removed, at no cost to the Township, when the antennas are no longer operative. Any "Wireless Communication Antenna" facility not used for its intended and approved purpose for a period of six (6) months shall be considered "no longer operative" and shall be removed by the responsible party within sixty (60) days thereof.
(k) Other Requirements.
(1) All other applicable requirements of this "Development Ordinance of the Township of Franklin" not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this ordinance may be granted by the Planning Board.
(2) Additionally, based upon the site specific information presented by the applicant during site plan review, the Planning Board may grant deviations from the literal requirements for "Wireless Communication Antennas" specified in Subsections 112-9 B. (25) h. and i. of this ordinance herein above, provided that the "Purposes", "Overall Objective" and "Specific Goals", respectively specified in Subsections 112-9 (25) a., b. and c. of this ordinance, are advanced by the deviations.
(l) "Use" Variances To The Zoning Board Of Adjustment.
Any "use" variance submitted to the Franklin Township Zoning Board of Adjustment for the construction of antennas and/or a new tower in a location not permitted by this ordinance [i.e., pursuant to N.J.S.A. 40:55D-70 d.(l) of the Municipal Land Use Law], shall be required to submit all of the information required and referenced herein for "Fourth Priority Locations" [ 112-9 (25) f.2.], and no application for a "use" variance shall be deemed "complete" unless all of the required information is provided or unless the need to provide the required information is specifically waived by the Zoning Board."
