A. REQUIREMENTS FOR ENVIRONMENTAL ASSESSMENT

(1) INTENT AND PURPOSE

It is the intent and purpose of this section to provide proper guidelines and requirements for the environmental assessment to be filed with an application for development and prior to preliminary subdivision plan approval, or site plan approval by the Franklin Township Planning Board. It is also the intent of this section to provide guidelines for the historic overlay district and the D&R Canal design regulations.

(2) APPLICABILITY OF PROVISIONS

An environmental assessment shall be required for site plans and subdivisions wherein one or more of the following conditions exist:

(a) The plan proposes to cover more than 75% of the site with buildings, pavement, or other improvements.

(b) The plan proposes the construction of buildings with 5000 or more square feet in area.

(c) The plan proposes the construction of 5000 or more square feet of paved area.

Notwithstanding the above provisions, an environmental assessment shall not be required for principal permitted uses in an agricultural district.

(3) PREPARATION OF STATEMENT BY APPROVED CONSULTANTS

In order to ensure that the environmental assessment is competently prepared, the environmental assessment shall be prepared by a consultant or consultants, firm, agency, individual or persons selected and paid for by the applicant from a list of consultants, firms, agencies, individuals or persons prepared by the Franklin Township Planning Board and made available to the applicant. If the applicant chooses a consultant or consultants, firm, agency individual or persons not contained on the Planning Board list, the applicant must provide written information to the Planning Board at the time the environmental assessment is submitted as to the qualifications and experience of such consultants, firm, agency, individual or person selected by the applicant.

(4) SUBMITTAL

one copy of such environmental assessment shall be attached to each copy of the completed application when said application is submitted. Each environmental assessment shall include a title page which contains the name, address, zip code and phone number of the applicant.

(5) DOCUMENTATION

The environmental assessment shall include documentation of all supporting evidence used in the assessment. Documentation may include studies or portions of studies conducted by others, explanations based on field visits, conversations with experts and maps used as the basis of the conclusions.

(6) FORMAT FOR THE ENVIRONMENTAL ASSESSMENT REPORT

The environmental assessment (EA) shall include the following required data:

(a) PROJECT DATA

A description of the project covered by the EA. The description shall mention each separate activity included in the project, i.e., acquisition, demolition, removal, construction and relocation. The description must be adequate to enable the reader to envision the general nature of the project and the magnitude of the project.

(b) MAPPING

Locate the project in a regional, municipal and neighborhood setting. Include a site plan of the project.

(c) EXISTING ENVIRONMENTAL FEATURES

Describe the environment as it presently exists in and around the site. The description should be a comprehensive discussion of the following features as they exist without the project:

[1] Natural Resources - Identify and describe the existing geologic character, soil characteristics, topography, surface and subsurface hydrological features, vegetation and wildlife of the site and the, surrounding area.

[2] Man-Made Resources - Describe the present land use, adjacent land use, noise levels (if the proposal is for residential or institutional use), access and transportation patterns, zoning, master plan delineation, community facilities (sewer, water, waste removal, schools, police, fire and roads) of the site and the surrounding area.

[3] Human Resources - Discuss the existing cultural and social factors as they affect the proposed project site including unique aesthetic features and historical character of the site and surrounding area.

[4] Pollution Problems Identify and describe existing pollution problems in the area including water, sewer and air quality as a basis for assessing cumulative problems that may result from the project.

(d) CONSTRUCTION PHASE

Identify the development schedule and construction phasing including projected construction traffic, site preparation including clearing, excavating, filling and cutting and blasting.

(e) REQUIRED APPROVALS

Include a list of all licenses, permits and other approvals required by municipal, county or state law and the status of each. The approvals and permits are required before final consideration of the site plan is taken.

(f) IMPACT OF THE PROPOSED PROJECT

An assessment of the probable impact of the project upon each of the conditions set forth in sub-

section 112-24A(6)(c]. Particular attention must be given to traffic (automobile and/or truck) generated by the project, circulation within the site and projected impact of the project on the Township road system.

(g) ADVERSE IMPACTS

List all probable adverse effects which may result from the project including:

[1] water quality;

[2] air quality;

[3] noise;

[4] undesirable land use patterns;

[5] damage or destruction of significant plan or wildlife systems;

[6] aesthetic values;

[7] destruction of natural resources;

[8] displacement of people and business;

[9] displacement of viable farms;

[10] employment and property tax;

[11] destruction of man-made resources;

[12] disruption of desirable community and regional growth;

[13] traffic impacts;

[14] health, safety and well-being of the public.

(h) PROJECT ALTERNATIVES

A list of alternatives to the proposed project which might avoid some or all of the adverse environmental impacts of the proposed project including:

[1] No project or no-action;

[2] Description of alternative road alignments (if applicable);

[3] Analysis of the costs and social impact of the alternatives including construction problems and traffic service. Include the reasons for acceptability and non-acceptability of each of the alternatives.

(i) AMELIORATIVE MEASURES

A listing of steps proposed to minimize environmental damage to the site and region during construction and operation. The consideration of soil erosion, dust, sedimentation, preservation of trees, protection of water courses, protection of air resources, and noise control are some factors to be considered here.

(7) REVIEW AND INSPECTIONS

Upon submission of the environmental assessment to the Secretary of the Planning Board and distribution to the various officials, with three (3) copies available in the Municipal Engineer's office (or other designated place) for any person to review, the following reviews and inspections will be conducted within thirty (30) days, except that where the assessment is a part of subdivision, or site plan approval, the approval shall be part of the overall approval and time limits shall be. as specified for those approvals.

(a) The Planning Board Administrator (or other designated official) will,. within seven (7) days of receipt of applicant's environmental assessment make a field inspection to verify the environmental conditions and make a report to the Planning Board with a copy to the Environmental Commission.

(b) The Township Engineer will, within thirty (30) days of receipt of the applicant's environmental assessment, review all maps and documents and make a site inspection and then follow with a report to the Planning Board and a copy to the Environmental commission.

(c) The Township Environmental commission will, within thirty (30) days of receipt of the Planning Board Administrator's and Engineer's reports, present its review and recommendations to the Planning Board for final determination.

(d) The Township Planning Board shall analyze and review the applicant's environmental assessment along with the reviews from the Planning Administrator, Engineer, Environmental Commission and any other interested party within fourteen (14) days of the Commission's report and give written notice of approval or rejection to the applicant, indicating the reasons therefor; and the decision will be officially published within ten (10) days. Where the assessment is part of a subdivision, planned unit development (PUD) or site plan application, assessment approval shall be part of the overall application approval.

(8) ISSUANCE OF PERMIT

A permit shall be issued upon review by the Planning Administrator, Engineer and other such officials and final approval by the Planning Board that all requirements of the chapter have been complied with, and upon payment of all fees to be paid hereunder. The Planning Board shall obtain a reasonable time limit for all work to be done.

B. HISTORIC DISTRICT OVERLAY

(1) STATEMENT OF PURPOSE

The purpose of this district is:

(a) To promote the educational, cultural, economic and general welfare through the protection, enhancement and preservation of historic resources in Franklin Township.

(b) To preserve and retain a harmonious setting for historic and architecturally significant buildings, structures and places within Franklin Township.

(c) To protect these historic resources from incompatible land uses.

(2) PERMITTED USES

(a) The uses permitted in the historic district overlay shall be those designated by the zoning district in which the property is located.

(b) The historic district overlays are bounded and defined as shown on the Zoning Map of Franklin Township.

(3) HISTORIC COMMISSION (Amended 12/13/88 by ordinance #1447; 1-14-92 by Ordinance #1687)

(a) The Township Council shall appoint a nine (9) member citizens advisory committee known as the Historic Preservation commission which shall be available for consultation with the approving Board to assist in their deliberations. The Township Council shall also appoint to the Historic Preservation Commission two (2) alternate members who shall be designated by the Township Council as Alternate No. 1 and Alternate No. 2. Each alternate shall serve in rotation during the absence or disqualification of any regular member or members. At the commencement of the appointment of Alternatives Alternative No. ill shall be appointed for a term of one (1) year and Alternative No. 2 appointed for a term of two (2) years. Thereafter Alternative No. 1 and Alternative No. 2 shall be appointed for a two (2) year term.

(b) The members appointed shall have the following qualifications:

[1] One (1) member shall be a person with knowledge of and experience with Early American architecture and with a background in American history.

[2] one (1) member shall be a building contractor or carpenter with knowledge of Early American construction and styling.

[3] Seven (7) members and the two (2) .alternate members shall be lay members with historic interests and preferably living within a historic district.

(c) All members of the Historic Commission shall be residents of Franklin Township.

(d) Appointments shall be for terms of two years on a staggered basis. The members shall serve without compensation.

(4) POWERS OF THE HISTORIC PRESERVATION COMMISSION

Unless otherwise specified herein the recommendations of the Commission shall be limited to:

(a) Standards for the identification of essential structures, priority structures and preservation areas.

(b) Prepare or cause to be prepared a comprehensive inventory of essential structures, priority structures and preservation areas within Franklin Township.

(c) Make recommendations to approve or disapprove applications for permits.

(d) Make recommendations to the approving authority concerning the acquisition of development rights, facade easements, and the imposition of other restrictions and the negotiation of historical property contracts for the purposes of historic preservation.

(e) Increasing the public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs.

(f) Make recommendations to the approving authority concerning the utilization of grants, tax incentives and other funding from federal and state agencies, private groups and individuals and the utilization of budgetary appropriations to promote the preservation of historic or architecturally significant structures in Franklin Township.

(g) Promulgate standards for architectural review.

(h) Recommend to the Township Council that the Township purchase an essential structure when private preservation is not feasible.

(i) Standards of exterior alterations and demolition or relocation of structures.

(5) PROCEDURES TO ADOPT REGULATIONS

The Commission shall have the authority to adopt all rules and regulations necessary to carry out its function under the provisions of this Ordinance. Every such rule and regulation shall be submitted to the approving authority for approval or rejection.

(6) EXTERIOR ALTERATIONS

Exterior alterations to a structure, other than ordinary maintenance and repair, which require a building permit and which are visible from a public street shall require a recommendation from the Historic Commission to the Planning Board.

(7) DEMOLITION AND RELOCATION OF STRUCTURES

Demolition or relocation of a structure shall require a recommendation from the Historic Commission to the Planning Board.

(8) APPROVALS

If the approving authority shall fail to take action an any application within the required time, the application shall be deemed to be approved except where mutual agreement has been reached for an extension of the time limit. Any building, structure and/or premises of historic or architectural significance within the Township may be considered for designation as an historic site and placed under the protection of the rules and standards upon written application to the approving authority by the owner or owners of said property. The Planning Board, with the advice and assistance of the Historic Commission, shall review the designation of historic sites at least once every six (6) years and, if after such review it deems buildings, structures and/or premises not so designated worthy of such designation, it shall make its recommendations for such changes to the Township Council.

C. SCENIC CORRIDOR DISTRICT OVERLAY

(1) STATEMENT OF PURPOSE

The purpose of the Scenic Corridor District Overlay (hereinafter referred to as "scenic corridor") is:

(a) To protect the Township's aesthetic resources where they exist along certain designated scenic roadways as identified in the Township Master Plan;

(b) To direct the location and design of development so that it will enhance the visual character of the Township, and to provide sufficient visual buffers and view sheds for future residential development;

(c) To protect the Township's remaining open spaces from conventional development patterns and measures that tend to compromise the intrinsic value of farmlands, fields, hedgerows, woodlands, mountain profiles or ridgelines, plateaus, and water bodies and watercourses.

(d) To achieve consistency with the purpose and intent of the Land Use and Circulation Elements of the Township Master Plan, and the New Jersey State Development and Redevelopment Plan.

(2) DEFINITION

SCENIC CORRIDORS are defined as areas that are visible from scenic roadways as identified in the Township Master Plan that may exhibit one or more of the following features:

(a) Panoramic vistas of natural or built environments;

(b) Unique geologic or topographic features of natural or historic significance;

(c) Extended, unobstructed viewsheds;

(d) Mature woodlands, hedgerows, dense tree stands and substantial individual trees;

(e) Fallow, open fields or active agricultural operations;

(f) Waterbodies or watercourses;

(3) PROCEDURE

All proposed development within the scenic corridor shall be subject to the requirements set forth in Article III (Subdivisions), Article IV (Site Plans), of the Franklin Township Development Ordinance. Additionally, any application for a variance made pursuant to N.J.S.A. 40:55D-70.c and N.J.S.A. 40:55D-70.d within a scenic corridor shall be subject to the standards contained in this Section. Exemptions from the standards contained in this Section are found in 112-24.C (4).

(4) EXEMPTIONS

The standards contained in this Section shall not apply to the following:

(a) Construction of detached one or two dwelling unit buildings.

(b) Building additions or accessory uses provided the structure does not further encroach on the enhanced front yard setback area set forth in 112-24.C.4 (b)(1).

(c) Buildings, structures, and driveways which are part of a farming operation as defined in Section 112-5 "Definitions" which comply with all provisions of the Land Development Ordinance, and where the parcel of land on which the structure is proposed is under Farmland Assessment.

(d) Properties located within the R-10-H, R-20-H or R-40-H Zone Districts

(e) Development that satisfies the Township's Affordable Housing Fair Share Obligation by the construction of affordable units shall be subject to the provisions of the Scenic Corridor District overlay, except for the enhanced front yard setback area set forth in 112-24.C.6(b)(1);

(f) Commercial uses containing frontage along Route 27 existing at the time of adoption of this Ordinance.

(g) Administrative Minor site plans where the proposed disturbance or structure is less than 1,000 square feet and where the Township.

(h) Engineer determines that no adverse impacts will occur from such proposed development.

(5) LOCATION: Scenic corridors shall extend 1,000 linear feet in both directions from the centerline of scenic roadways identified in the Township Master Plan, for a total corridor width of 2,000 feet, and as depicted on the Township Zoning Map.

(6) REGULATIONS

(a) Use standards set forth in Schedule 1 of the Zoning Ordinance shall govern.

(b) Setbacks.

[1] The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure in a scenic corridor shall have a front setback distance equal to the lesser of:

(1) at least twice the required front-yard setback for the zone district in which the property is located, or

(2) at least one-half the lot's depth, as measured from its frontage along the scenic roadway, or

(3) a distance approved by the Board if it can be demonstrated that the proposed construction will not be visible from the road.

[2] If compliance with the preceding heightened setback standards is impractical due to the presence of identified wetlands, substantial wooded areas, an active agricultural operation, or other substantial environmental feature, a structure may be located in accordance with the prevailing zone standards provided that a naturalized landscaped screen is established to preserve the scenic corridor viewshed. Additionally, the preceding heightened setback standards may be relaxed by the Board for development on substantial hillsides, in which case development should be located at the foreground or midground of the hill with appropriate naturalized landscape screening to not create a barrier visible from the scenic corridor.

(c) Height standards set forth in Schedule 3 of the Zoning Ordinance shall govern all structures, with the exception of farm buildings and related structures which shall be governed by the provisions of the Right to Farm Ordinance.

(d) Signs:

[1] Sign standards set forth in Schedule 4 of the Zoning Ordinance shall govern.

[2] In addition to Section [1] above, to ensure a sign's aesthetic compatibility with the surrounding visual environment, natural, earthtone colors should be utilized.

[3] Signs may be indirectly illuminated via spotlights, provided adjacent properties and approaching vehicles are adequately shielded.

[4] Internally illuminated signs shall be prohibited.

(e) Fences and walls:

[1] Fences located in a scenic corridor shall be no more than 50% opaque, i.e. picket, or post-and-rail. Chain link fences or fences with vinyl or aluminum slats shall be prohibited from scenic corridors except for security purposes for utility installations. Fences shall not incorporate barbed wire unless in conjunction with an active agricultural operation.

[2] Decorative walls in a scenic corridor shall not exceed 4 feet in height, and shall consist of natural stone or other indigenous material that is consistent with the scenic character of the overlay district.

(7) DESIGN STANDARDS: All site layouts, landscape planting, signage, erosion control plans, proposed building plans and designs for principal and accessory structures shall take into consideration the following:

(a) Site layout.

[1] Preservation. All development shall promote the preservation and protection of the aesthetic character of natural features such as rock outcrops, individual trees or stands of trees, hedgerows, streams, ponds, meadows, open fields, mountain profiles or ridgelines, plateaus, water bodies and watercourses and similar elements that individually or collectively constitute an important part of the visual landscape of the scenic road or scenic corridor. Additionally, site designs shall promote the preservation and protection of significant man-made features such as stone walls, wooden fences, historically or architecturally important structures such as barns, agricultural outbuildings, places of worship or residences that individually or collectively constitute an important part of the visual landscape of the scenic road or scenic corridor.

[2] Building location. The establishment of building envelopes and building sites in open fields shall be avoided. Building envelopes and sites shall be adaptively located on and along the edges of established fields to the greatest practicable extent. Existing tree lines, woodlands and hedgerows that frame open fields shall be preserved and used to effectively screen new buildings from view, or used to blend new development into the scenic landscape. Building setbacks should be varied in order to avoid a monotonous site design.

[3] Farmsteads. The visual appearance of the farmsteads and farmlands shall be preserved to the greatest practicable extent by adaptive use or re-use of farm buildings and features, together with the preservation of contiguous open space adjacent to such buildings.

(b) Roadways and driveways.

[1] Traffic circulation. Traffic circulation in scenic corridors shall be via either established scenic roadways identified by the Circulation Element of the Master Plan. New residential streets shall be constructed in accordance with the Residential Site Improvement Standards (RSIS). The establishment of rural streets and lanes is encouraged, provided paved road widths are adequate to accommodate response and placement of emergency vehicles. Lot-to-street access shall be designed so vehicles do not back out of lots onto a roadway. On-street parking shall be prohibited.

[2] Roadway orientation. Established scenic roadway orientations shall be maintained, unless otherwise specified by the Circulation Element of the Master Plan. New rural lanes shall follow existing grade contours to minimize the extent of cuts and fill. Rural lanes shall follow existing linear features of the tract or site, including existing farm or other lanes, trails, stone rows, tree lines or hedgerows, and shall not be located in nor traverse open fields.

[3] Driveways. It is recommended that access points be limited along scenic corridors to promote the flow of traffic while also maintaining the scenic qualities of the roadside views. Driveways shall follow existing linear features of the tract or site, including existing farm or other lanes, trails, stone rows, tree lines or hedgerows. Common driveways and rural lanes are encouraged in order to reduce improvements and additional impervious coverage. Maximum driveway width shall be 12 feet, except at street intersections as necessary to provide for turning movements.

[4] Reverse frontage lots may be incorporated into site designs in order to minimize driveway cuts to scenic roadways and rural lanes, provided existing natural features are preserved.

(c) Stormwater management. Stormwater management shall be designed to make minimal changes to natural drainage patterns and systems. Utilization of existing and new swales is encouraged, except where not practical due to topography, and provided a balance is achieved between the aesthetic value of the scenic corridor, stormwater management and enhanced water quality. Where stormwater management facilities are required, they shall be designed to occupy as small an area and involve as little disturbance as possible within the scenic corridor. Retention basins may be utilized where a basin is needed or appropriate, and such basin may be designed to resemble and function as a natural pond with a view toward the creation of wildlife habitat. Landscaping standards for stormwater detention facilities are contained in 112-24.C. (5)(e).

(d) Curbs, sidewalks and bikeways

[1] Curbing shall be installed along scenic roadways only if, where, and to the extent necessary to provide for adequate stormwater management or road stabilization. When so required, sloped granite block type curbing shall be installed.

[2] Shoulders may be used instead of curbs when soil and/or topography make their use preferable, or to preserve the rural character of the scenic corridor. Shoulders shall be constructed of materials such as stabilized earth, gravel, crushed stone or bituminous treatment.

[3] Concrete sidewalks shall not be located parallel to scenic roadways, and may only be located along internal rural lanes or driveways where deemed appropriate. Where it is deemed necessary to provide a safe pedestrian environment along a scenic roadway, bituminous treatment may be utilized.

[4] Bikeways shall be provided along scenic roadways and within developments as set forth in the Bikeway Element of the Master Plan. If Bikeways are called for, no sidewalks shall be required. Bikeways should consist of bituminous treatment and be separated from the scenic corridor cartways.

(e) Landscaping, clearing and planting.

[1] The preservation of existing hedgerows both along scenic roadways and in other areas is essential to the continuing aesthetic quality of the scenic corridor. Accordingly, the preservation of such hedgerows shall be considered crucial when balanced with other site improvements associated with new development such as road widening, utilities, curbs, sidewalks or stormwater management facilities.

[2] Landscaping in a scenic corridor shall utilize native grasses, wildflower patterns, evergreen and deciduous trees, ground cover that, to the greatest degree possible, replicates and complements the natural environment. Extensive residential lawns shall be avoided in favor of naturalized planting and screening. Existing vegetation shall be preserved to the greatest degree practical via the establishment of conservation easements.

[3] The age, condition and species of vegetation to be planted or cleared in conjunction with development shall be considered in context with the visual landscape of the scenic road and scenic corridor. To the greatest extent possible, existing vegetation shall be preserved. Existing vegetation should be used to screen or break-up visually incompatible project elements, or to enhance the relationship of the proposed development to its surrounding visual environment. The long-term viability of existing vegetation should be ensured.

[4] Stormwater detention facility landscaping.

(a) All basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading and planting. The screening of outfall structures and emergency spillways from public view is of particular importance in the landscape design. This may involve integration of these areas as aesthetic landscape features or naturalized wetland areas.

(b) All plants shall be tolerant of typical flood plain and wetland conditions.

(c) Basins designed as naturalized wetland areas should be planted with a quantity of trees equal to the number necessary to cover the entire area of the interior of the basin to the emergency spillway elevation. Of this number, 10% shall be 2" - 2.5" caliper, 20% shall be 1.5" to 2 ' caliper, and 70% shall be 6-8' height whips. The trees shall be planted in groves and spaced 5 feet to 15 feet on-center.

(d) Basins designed to function as dry basins shall be planted with trees in areas of the interior of the basin in a naturalized pattern where there will not be interference with the maintenance of the basin and low flow channel, as determined by the Township Engineer. The ground should be seeded with a wildflower or wet meadow grass mix, but in unique circumstances may require sod or hydroseeding to stabilize the basin slopes. Planting other than wildflowers and grasses shall not be located within 10 feet of low flow channels to facilitate drainage.

(e) The planting of the perimeter of the water's edge of a stormwater retention facility shall accentuate views of the water and other vistas. Plantings shall include native, informally massed deciduous and evergreen trees and wildflowers.

(f) Utilities

[1] New utility distribution lines and services to new locations shall be installed underground, except for those lines or services serving active agricultural operations.

[2] To the maximum extent practical, electric transmission lines not installed underground shall be located on existing poles or towers.

[3] No new street lighting shall be installed except where required for public safety as required by the Franklin Township Police Department.

(g) Erosion control measures.

[1] In order to maintain the existing visual quality of the area and its soil supporting natural vegetative cover, subsurface soil conditions shall be maintained in a fashion that is as close as possible to natural conditions.

[2] The visual impacts of certain erosion control measures which may be implemented in conjunction with development shall be considered in order to require the use of visually unobtrusive or natural materials, such as vegetative cover, fiber mesh matrices and natural stone to replace more visually obtrusive measures, such as rock riprap or concrete structures, wherever possible.

(h) Proposed building plans. Proposed structures within the scenic corridor shall be designed in harmony with the corridor's topography, viewsheds, architectural styles, colors, character and appearance.

**Webmasters Note: The previous subsection, C., has been amended as per Ordinance No. 3378.