[Added 6-10-1996 by Ord. No. 96-9]
The entire Township has been determined to be in a Carbonate Area District as defined in this chapter. In addition to the zoning regulations affecting the zoning districts established by §
90-53 of this Code, special investigation and construction requirements may be imposed on major subdivisions, site plans and conditional uses located in the Carbonate Area District as established by §
90-72C of this Code.
[Amended 3-30-1987 by Ord. No. 87-4; 9-28-1987 by Ord. No.
87-9; 12-11-1989 by Ord. No. 89-10; 6-29-1992 by Ord. No. 92-5; 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6]
A. Establishment of districts. The following zoning districts
are hereby established:
[Amended 8-14-2000 by Ord. No. 2000-12; 8-14-2000 by Ord. No. 2000-13; 8-14-2000 by Ord. No. 2000-14; 7-7-2014 by Ord. No. 2014-4]
|
RC
|
Rural Conservation
|
|
R-75
|
Village Residential
|
|
PD
|
Planned Development Option District
|
|
C-1
|
Village Commercial
|
|
C-2
|
Township Commercial
|
|
HC
|
Highway Commercial
|
|
I
|
Industrial
|
|
OB
|
Office Building District
|
B. Zoning Map. The boundaries of the districts are hereby established as shown on the map entitled "Zoning Map of the Township of Franklin," dated August 1992, that accompanies and is made a part of this chapter. The map is on file in the office of the Clerk of the Township and is available for inspection, and copies thereof are available to interested members of the public at a cost set by resolution of the Township Committee. This Zoning Map may be amended from time to time by ordinance, and, upon adoption of any such amending ordinance, the schedule on the Official Zoning Map of 1992, under Primary Use and Minimum Lot Area, shall conform and be consistent with §
90-56B, Schedule of Area, Bulk and Yard Requirements, as amended. Notwithstanding the foregoing, the boundaries of the PD Zoning District are as set forth in Article
X of this Chapter
90.
[Amended 8-14-2000 by Ord. No. 2000-12; 8-14-2000 by Ord. No. 2000-13; 8-14-2000 by Ord. No. 2000-14]
C. Zone boundaries. District boundary lines are intended
to follow street center lines, lot or property lines or other natural
or man-made boundaries as they existed as of the date of enactment
of this chapter unless otherwise indicated by dimensions on the Zoning
Map. The exact location of any disputed district boundary line shall
be determined by the Land Use Board upon proper application made by
any interested party.
[Amended 12-9-2002 by Ord. No. 2002-14]
[Added 10-1-2007 by Ord. No. 2007-16]
A. Slope protection.
(1)
Critical slope area: areas having a grade of 25% or greater, as calculated by the methodology contained in Subsection
B, below.
(2)
Moderate slope area: areas having a grade of 15% to 24%, as calculated by the methodology contained in Subsection
B, below.
B. Methodology to determine degree of slope. The method
of determining slopes classified as moderate and critical shall be
based upon two-foot contours and measured over a distance having a
minimum change in vertical elevation of 10 feet. A steep slope analysis
showing slope classes 0% to 14.99%, 15% to 24.99% and 25% or greater
shall be delineated on the subdivision plat or site plan. The slope
classifications shall be calculated utilizing a two-foot contour interval.
C. Development restrictions.
(1)
There shall be no site disturbance, including,
but not limited to, grading of the land or removal of vegetation,
no structures and no impervious coverage permitted within critical
slope areas except for driveways and roads, both public and private;
however, any driveway or road must be designed in compliance with
maximum grade standards, as contained in this chapter. Roads and driveways
shall follow the natural topography to the greatest extent possible
to minimize disturbance.
(2)
The disturbance of slopes in the moderate category
slope areas shall not exceed 50%. Disturbance shall include but is
not limited to grading of the land; removal of vegetation; placement
of structures, including stormwater management basins; and impervious
coverage.
(3)
For the purposes of subdivision, each residential
lot created must include the minimum buildable area as set forth in
this chapter. Any existing residential lot of record at the time of
the passage of this section shall be exempt from the above provisions,
unless and until an application for subdivision or site plan approval
of that lot is made.
(4)
The following standards shall apply to existing lots of record if the construction of a residence and associated improvements is proposed on slopes of 15% or greater: A lot grading plan which indicates the proposed driveway plan and profile in accordance with the standards set forth in Chapter
67 of the Township Code, residential and other site grading necessary for the property shall be submitted for review and approval by the Township Engineer. Such plan shall also provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards, adopted and as amended by the New Jersey State Soil Conservation Committee. The approval of the Township Engineer shall be required prior to the issuance of a building permit.
[Amended 5-24-1993 by Ord. No. 93-4; 11-29-1993 by Ord. No.
93-7]
A. General regulations.
(1) No sign shall be erected until a permit has been obtained
from the Zoning Officer and, if necessary, from the Construction Official.
(2) The term "sign" shall not apply to a religious symbol,
unaccompanied by lettering, when applied to a cornice, tower or spire
of a place of worship.
(3) Signs may only identify a use conducted on the premises.
(4) No sign shall be located within any required sight
triangle area.
(5) No sign, by reason of its position, shape, color,
device or content, shall interfere in any way with vehicular or pedestrian
traffic or driving vision or interfere with, resemble or be designed
to be confused with any traffic directional, identification or emergency
control signs.
(6) No sign, by reason of its position, shape, color,
device or content, shall interfere in any way with the view by vehicular
or pedestrian traffic of any other sign on the same property or nearby
property.
(7) No sign visible from vehicular traffic shall use arrows,
"go," "stop," etc., as part of its structure or message.
(8) All signs shall be constructed in such a manner and
of such materials so as to withstand a wind pressure of at least 40
pounds per square foot.
(9) Signs shall be maintained in good condition and not
allowed to become dilapidated.
(10)
No signs shall be illuminated by lighting of
intermittent or varying intensity.
(11)
No illuminated signs shall be made of combustible
material.
(12)
No signs shall cause objectionable glare or
light intensity anywhere within viewing distance.
(13)
No signs shall have a surface lighting intensity
of more than 50 footcandles when measured one foot from the sign's
face.
(14)
No sign shall use neon, xenon and other tube-type
lighting unless it is located in a commercial zone district.
(15)
No signs attached to buildings shall project
more than eight inches beyond the vertical wall of the building or
above the roofline or the top of any parapet wall.
B. Prohibited signs. The following signs shall be prohibited:
(1) Animated signs or flashing or illusionary signs using
mechanical, electrical or other devices to revolve, flash or display
movement or the illusion of movement.
(2) Signs attached to utility poles.
(3) Silhouetted and/or three-dimensional signs which do
not have opaque backgrounds.
(4) Signs which are mounted upon a vehicle and parked
upon a public highway for advertising purposes.
(6) All off-site commercial advertising signs.
C. Permitted signs. The following signs shall be permitted,
subject to the stated conditions:
(1) All zone districts.
(a)
No more than one sign advertising the sale,
rental or lease of the premises upon which the sign is placed. Such
sign shall be removed within 48 hours after closing of title or change
of possession.
[1]
For individual residential properties, the sign
shall be no more than six square feet in area.
[2]
For residential major subdivisions, commercial
properties and vacant land, there may be one sign not exceeding 32
square feet in area for each 1,000 feet of road frontage, which sign
shall be set back at least 15 feet from the road right-of-way line
or any property line and shall not be located in any sight triangle.
[3]
All signs advertising the sale of lots in a
major subdivision shall be removed as required above unless a homeowners'
or property owners' association is in existence, and such association
has agreed to maintain a suitably constructed permanent sign identifying
the name of the subdivision.
(b)
A professional, identifying or historical nameplate
no greater than two square feet in area. Such signs are limited to
one per lot and may be attached to a front wall of a building or to
a suitable post in the yard, provided that said sign shall be not
less than 10 feet from the side lot line and not less than 10 feet
from the front lot line. Name or announcement signs for dwellings
may be illuminated by not more than 40 watts.
(c)
One temporary sign advertising functions of
religious or charitable or fraternal organizations, located upon the
premises and not exceeding eight square feet in area, provided that
said sign shall be located outside any required sight triangle.
(d)
A sign identifying civic, public or quasi-public
buildings located upon the premises and not exceeding 32 square feet
in area, provided that said sign shall not be less than 25 feet from
the side lot line at the established setback line and not less than
10 feet from the front lot line and located outside any required sight
triangle.
(e)
Temporary signs identifying construction sites,
which signs shall not exceed eight square feet in area and are to
be removed upon completion of work.
(f)
Signs relating to traffic, municipal events,
legal notices, dangers or other events, when placed or approved by
the governing body or other appropriate legal authority.
(g)
Signs not exceeding 120 square inches prohibiting
trespassing or hunting.
(h)
A permitted home occupation or home professional
office may have one attached or freestanding identifying sign. If
the lot fronts on a state highway, the sign area shall not exceed
12 square feet. On all other lots, the sign area shall not exceed
six square feet.
(i)
Political campaign signs which shall be removed
within one week after the election at which the sign is directed.
(j)
Commercial uses accessory to agricultural uses
and preexisting nonconforming commercial or industrial uses may erect
signs in conformity with those permitted in the commercial and industrial
zone districts.
[Amended 12-30-1994 by Ord. No. 94-8]
(2) Commercial and industrial zone districts.
(a)
The total area of all signs shall not exceed
10% of the facade of the building. If more than one facade of the
building is visible from the street, signs may be placed on each facade,
provided that there shall be signs on no more than three facades.
(b)
All signs shall be attached to the building,
except as provided elsewhere in this section, and shall not project
more than eight inches beyond the sides and front of the building
or above the roofline or the top of any parapet wall.
(c)
Where a building requires several different
signs, they should be similar in size, materials, colors and lettering.
(d)
For shops, stores and offices, recommended signage
is a graphically consistent system of darker-colored traditional-style
letters, routed or applied to a neutral background.
(e)
Signs necessary for traffic regulations and
parking and loading area shall be permitted in accordance with American
Association of State Highway and Transportation Officials (AASHTO)
or other engineering standards as approved by the Land Use Board during
the site plan approval process.
[Amended 12-9-2002 by Ord. No. 2002-14]
(f)
One freestanding sign identifying the business
or businesses, which is no greater 64 square feet in area, not exceeding
20 feet in height and not closer than 10 feet to the front or side
property line, shall be permitted. If the lot is larger than five
acres, the freestanding sign may be no greater than 128 square feet
in area.
(g)
A gasoline filling station may have:
[1]
One customary freestanding identification sign
not more than 80 square feet in area. Any such sign shall be no more
than 30 feet in height, shall be set back at least 30 feet from the
street line and shall not rotate, being completely stationary at all
times.
[2]
Not more than three A-frame signs advertising
services or products.
(h)
One portable sign is allowed on a premises containing
a commercial use upon receipt of a permit and subject to the following
regulations:
[Added 12-30-1994 by Ord. No. 94-8]
[1]
One portable sign shall be permitted on a lot
for a maximum of 90 days per calendar year. The ninety-day period
may be consecutive or nonconsecutive. If nonconsecutive, its period
of use shall be in thirty-day increments. The signs shall be removed
and stored out of sight from any location off the lot where the sign
is located during any time period that it is not in use. The time
limits set forth in this subsection shall not apply to any and all
nonprofit and/or charitable organizations.
[Amended 3-1-2004 by Ord. No. 2004-4]
[2]
Portable signs may be lighted, provided that
the sign face is white or opaque and the lettering is black. Blinking
lights on portable signs are not permitted.
[3]
Portable signs shall be located outside of the
public right-of-way and outside of sight triangles and shall be situated
so as not to impede the line of sight for traffic entering and exiting
the property.
[4]
Portable signs shall not exceed 32 square feet.
[5]
The permit for a portable sign to be used during
a calendar year shall be obtained from the Zoning Officer within the
first month of the calendar year. The applicant for a portable sign
shall specify in the permit application the designated dates when
the portable sign will be used.
(3) HC Highway Commercial Zone District.
(a)
The following sign types and placement per each
store, shop or office use are permitted:
[1]
Building facade signs placed below the lower
cornice or above or on the transom or lintel of windows and doors.
[2]
Hanging signs not exceeding six square feet
in area and which do not interrupt the line of the facade. The treatment
of the sign and the decorative bracket must complement the building.
[3]
Signs on canopies or awnings, with letters two
feet high or less.
(b)
A sign shall not obscure, conflict with or cover
any architectural detail (i.e., cornice) and must be aligned with
major building elements, such as windows, trim and structure lines.
(c)
Businesses located on the upper floor of buildings
shall place their identifying signs on the ground level of the building,
not to exceed two square feet in area.
(d)
One freestanding sign per lot is permitted.
It shall not exceed 64 square feet in sign area or a height of 20
feet.
(e)
As an alternative to the standards contained
or referred to herein, the applicant may submit, for Land Use Board
approval, a Sign and Graphics Standards Manual containing specific
design, including location, type, size, color and lettering, for all
signs. If approved by the Land Use Board, the Sign and Graphics Standards
Manual shall apply to the mixed-use development.
[Amended 12-9-2002 by Ord. No. 2002-14]
(4) PD Planned Development Option District.
(a)
The following signs are permitted:
[1]
One sign at each entrance of the development
leading from a public street which is not more than 32 square feet
in area.
[2]
Traffic and directional signs and signs attached
to dwelling units identifying the unit.
[3]
During the period of initial sales of dwelling
units, one sign shall be permitted in front of each model unit, either
attached to or directly in front of such model unit, no larger than
four square feet, identifying the model and a sign identifying the
sales office, no larger than four square feet.
[Added 12-28-1998 by Ord. No. 98-16]
A. Purpose. The purpose of this section is to regulate
the location and placement of wireless telecommunications towers,
antennas and equipment compounds associated with towers and antennas
within the Township of Franklin. It is also the purpose of this section
to recognize that the installation of new towers to support such antennas
has a negative impact on the scenic and historic character of the
countryside that the Franklin Township Master Plan seeks to protect.
This section seeks to meet the mandate of the Telecommunications Act
of 1996, while at the same time limiting the proliferation of wireless
telecommunications towers. The goals of this section are to:
(1)
Protect residential areas and land uses from
the potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential
areas and along major transportation corridors;
(3)
Minimize the total number of towers throughout
the community;
(4)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers;
(5)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal;
(6)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape, screening
and innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications
services to provide such services to the community effectively and
efficiently;
(8)
Consider the public health and safety impact
of communications towers; and
(9)
Avoid potential damage to adjacent properties
from tower failure through proper engineering and careful siting of
tower structures.
B. Permitted use/conditional use treatment.
(1)
Notwithstanding anything in this Chapter
90 to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under §
90-64.1 of this chapter and consistent with the visual compatibility requirements of §
90-59.1C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant also shall meet the standards of §
90-59.1D.
(2)
Notwithstanding anything in this Chapter
90 to the contrary, wireless telecommunications towers consistent with the provisions of §
90-59.1C(1),
(2) and
(3) and §
90-59.1D shall be a conditional use within all zone districts of the Township.
C. Visual compatibility requirements.
(1)
Wireless telecommunications antennas on existing
structures or buildings and wireless telecommunications towers shall
be located, designed and screened to blend with the existing natural
or built surroundings so as to minimize visual impacts through the
use of color and camouflaging, architectural treatment, landscaping
and other available means considering the need to be compatible with
neighboring residences and the character of the community.
(2)
Wireless telecommunications antennas on existing
structures or buildings and wireless telecommunications towers shall
be placed to ensure that historic districts, historically significant
viewscapes, streetscapes and landscapes are protected. The views of
and vistas from architecturally and/or significant structures should
not be impaired or diminished by the placement of wireless telecommunications
facilities.
(3)
A wireless telecommunications equipment compound
consisting of no more than 1,500 square feet may be erected in support
of wireless telecommunications antenna provided it is:
(a)
Situated behind existing vegetation, tree cover,
structures, buildings or terrain features which will shield the wireless
telecommunications compound from public view; or
(b)
When a location out of public view is not possible,
a landscape buffer of 20 feet in width shall be provided outside the
fence around the wireless telecommunications equipment compound to
shield the facility from public view. Landscaping shall include native
evergreen and deciduous trees at least eight feet high at the time
of planting, and the number of trees shall be based on the equivalent
of staggered double rows at 15 feet on center.
(c)
Located to avoid being visually solitary or
prominent when viewed from residential areas and when in public view.
(d)
Enclosed within a solid wooden fence at least
seven feet high, as approved by the Township Engineer, which shall
include a locking security gate. The height of the equipment building
shall not exceed 15 feet.
D. Conditional use standards for the location of wireless
telecommunications antennas or towers.
(1)
An applicant desiring to construct wireless
telecommunications antennas in residential zones or towers in any
zone shall provide a sufficient showing so as to:
(a)
Prove the need for wireless telecommunications
antennas at the proposed location. The evidence shall identify the
wireless network layout and coverage areas to demonstrate the need
for new equipment at a specific location within the Township.
(b)
Prove that a good faith attempt has been made
to locate the antennas on existing buildings or structures within
the applicant's search area. Efforts to secure such locations shall
be documented through correspondence by or between the wireless telecommunications
provider and the property owner of the existing buildings or structures.
Evidence demonstrating that no existing wireless telecommunications
tower or building or structure can accommodate the provider's proposed
antenna may consist of any one or more of the following items:
[1]
No existing towers or structures are located
within the geographic area that is necessary to meet the provider's
radio frequency engineering requirements to provide reliable coverage.
[2]
Existing towers or structures are not of sufficient
height and cannot be made to be of sufficient height to meet the provider's
radio frequency engineering requirements or do not have sufficient
structural strength to support the provider's proposed antenna and
related equipment.
[3]
The provider's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures or the antenna on the existing towers or structures
would cause interference with the provider's proposed antenna.
[4]
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
[5]
Other limiting factors that render existing
towers and structures unsuitable.
(c)
Document the locations of all existing communications
towers within the applicant's search area and provide competent testimony
by a radio frequency engineer regarding the suitability of potential
locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to collocate
its equipment on such tower, the applicant shall provide written evidence
of its attempt or attempts to collocate.
(d)
Comply with the Township standard that no wireless
telecommunications towers shall be permitted which would require lighting
affixed thereto under FCC, FAA or any other governmental agency regulations
or requirements.
(e)
Demonstrate efforts to site new wireless antennas,
equipment or towers within the applicant's search area according to
the priority schedule below. Such demonstration shall include the
block and lot of any parcel for which the wireless provider has attempted
to secure a lease or purchase agreement and copies of all correspondence
by or between the wireless provider and the property owner.
|
Priority
|
Zone
|
Equipment
|
Location
|
Permitted (p) or Conditional (c)
|
---|
|
1
|
Commercial
|
Antenna
|
Collocated with other antennas on existing structures
or towers
|
p
|
|
2
|
Commercial
|
Antenna
|
Existing structure or tower
|
p
|
|
3
|
Residential
|
Antenna
|
Collocated with other antenna on existing structure
or tower
|
c
|
|
4
|
Residential
|
Antenna
|
Existing structure or tower
|
c
|
|
5
|
Commercial
|
Tower
|
Construct a tower in a commercial area
|
c
|
|
6
|
Residential
|
Tower
|
Construct a tower in a residential zone
|
c
|
|
NOTES:
Commercial includes the 1, IP, OB, C-1, C-2
and HC zones. [Amended 8-14-2000 by Ord. No. 2000-14]
|
E. Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection
D above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:
(1)
Minimum lot size: as required by the zone district
in which located or two acres, whichever is larger.
(2)
Minimum setback of wireless telecommunications
tower from:
(a)
Any property line: the zone district setback
requirement for a principal building or the tower height, whichever
is greater.
(b)
Any existing residence: 1,000 feet.
(c)
Any wireless telecommunications tower: 7,920
feet.
(3)
Minimum setback for equipment compound from
any property line: the zone district setback requirements for a principal
building.
(4)
Maximum height of wireless telecommunications
tower (exclusive of lightning rod) designed to accommodate:
(a)
Three or more vendors: 140 feet.
(5)
Maximum height of attached antenna: 10 feet
beyond the edge of the building or structure on which attached.
F. Site plan application requirements for the installation
of wireless telecommunications towers.
(2)
Land uses and structures on abutting parcels.
(3)
A report from a qualified expert certifying
that the wireless telecommunications tower and equipment facility
comply with the latest structural and wind loading requirements as
set forth in the Building Officials and Code Administrators (BOCA)
International, Inc. Code; or the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision F Standard, entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or amended; or such
other code as may apply to these facilities, including a description
of the number and type of antennas it is designed to accommodate.
(4)
A letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing market
rates and conditions. The letter of commitment shall be recorded prior
to issuance of a building permit. The letter shall commit the tower
owner and successors in interest.
(5)
Elevations of the proposed tower and accessory
building generally depicting all proposed antennas, platforms, finish
materials and all other accessory equipment.
(6)
A copy of the lease or deed for the property.
(7)
A plan which shall reference all existing wireless
telecommunications facilities in the Township and any such facilities
in the abutting municipalities which provide service to areas within
Franklin Township.
(8)
Any changes to facilities proposed within the
following twelve-month period, including plans for new locations and
the discontinuance or relocation of existing facilities.
G. Design standards.
(1)
The wireless telecommunications tower shall
be designed and constructed so as to accommodate a minimum of three
antenna arrays of separate telecommunications providers (the applicant's
plus two collocators).
(2)
Signs shall not be permitted except for a sign
displaying owner contact information, warnings, equipment information
and safety instructions. Such sign shall not exceed two square feet
in area. No commercial advertising shall be permitted on any wireless
telecommunications facility.
(3)
No lighting is permitted except as follows:
(a)
Wireless telecommunications equipment compounds
enclosing electronic equipment may have security and safety lighting
at the entrance, provided that the light is attached to the facility,
is focused downward and is on timing devices and/or sensors so that
the light is turned off when not needed for safety or security purposes;
and
(b)
No lighting is permitted on a wireless telecommunications
tower.
(4)
Wireless telecommunications antennas and towers
shall be maintained to assure their continued structural integrity.
The owner of the tower or antenna shall also perform such other maintenance
of the structure and of the site as to assure that it does not create
a visual nuisance.
(5)
Wireless telecommunications towers shall be
of a color appropriate to the tower's locational context and to make
it as unobtrusive as possible, unless otherwise required by the Federal
Aviation Administration (FAA).
(6)
Wireless telecommunications facilities shall
be surrounded by a fence. All towers shall be designed with anti-climbing
devices in order to prevent unauthorized access. Additional security
and safety devices shall be permitted or required, as needed, and
as approved by the approving authority.
(7)
Any proposed new telecommunications tower shall
be designed to resemble a tree, silo, windmill or steeple in order
to disguise and camouflage the tower so that it is consistent with
the Township's agricultural and rural landscape.
[Amended 9-24-2001 by Ord. No. 2001-10]
(8)
No equipment shall be operated so as to produce
noise in excess of the limits set by N.J.A.C. 7:29-1.1 et seq., except
for in emergency situations requiring the use of a backup generator.
(9)
Wireless telecommunications towers and antennas
shall be constructed to the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision F Standard entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or amended.
(10)
In addition to the antenna arrays set forth within Subsection
(1) of §
90-59.1G, the wireless telecommunications tower shall be designed and constructed so as to accommodate a County emergency communications antenna.
[Added 5-8-2000 by Ord. No. 2000-7]
H. Discontinuance of operations. Operators of wireless
telecommunications towers and antennas, and owners of the property
on which the facilities are located, shall notify Franklin Township
when the use of such towers and antennas is discontinued. Facilities
that are not in use for wireless telecommunications purposes for 12
months shall be removed by the operator at its cost. This removal
shall occur within 120 days of the end of such twelve-month period.
Upon removal, the site shall be cleared, restored and revegetated
to blend with the existing surrounding vegetation at the time of abandonment.
Any lease between a property owner and an operator shall contain a
requirement that the owner is responsible for removal in the event
of abandonment by the operator, and the lease shall be recorded prior
to the issuance of a zoning permit or construction permit. If the
tower is to be located on lands owned by the operator, a declaration
of covenants and restrictions establishing these requirements shall
be recorded prior to the issuance of a zoning permit or construction
permit.
I. Collocation and shared facilities and sites. FCC-licensed
wireless telecommunications providers are encouraged to construct
and site their facilities with a view toward sharing facilities with
other utilities, collocating with other existing wireless facilities
and accommodating the collocation of other future facilities where
technically, practically and economically feasible.
J. Application and escrow fee. Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in §
90-27 of this chapter.
[Added 12-6-2010 by Ord. No. 2010-14]
A. Purpose. The purpose of this section is to promote the safe effective
and efficient use of small wind energy systems to reduce the on-site
consumption of utility-supplied electricity and to protect the public
health safety and general welfare for the residents of the Township
of Franklin.
B. Applicability. Small wind energy systems, as defined in Subsection
C, shall be a permitted accessory use in all zone districts in accordance with the standards set forth in Subsection
D, herein.
C. Definitions.
OWNER
The individual or entity that intends to own and operate
the small wind energy system in accordance with this section.
RENEWABLE ENERGY FACILITY
A facility that engages in the production of electric energy
from solar technologies, photovoltaic technologies, or wind energy.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the
rotating blades of a wind powered energy generator.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity consistent with applicable provisions of the State
Uniform Construction Code promulgated pursuant to the "State Uniform
Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et
seq.) and technical bulletins issued in accordance with the requirements
of P.L. 2009, c. 244.
SYSTEM HEIGHT
The height above grade of the tower plus the wind generator.
TOWER HEIGHT
The height above grade of the fixed portion of the tower,
excluding the wind generator.
VAWT SYSTEMS
Vertical axis wind turbine which utilizes vertical panels
as opposed to horizontal propellers.
WIND ENERGY SYSTEM
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries, or other component necessary to fully utilize
the wind generator. For the purposes of this section, "wind energy
system" refers only to those systems that are outdoors.
WIND GENERATOR
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
D. Zoning permit required. No small wind energy system shall be installed without first having obtained a Zoning Permit pursuant to §
90-61 in accordance with the requirements set forth in Subsection
E herein.
E. Standards. A small wind energy system shall be permitted subject
to the following:
(1)
Small wind energy systems shall be permitted as an accessory
use in all zone districts.
(2)
A minimum lot size of five acres shall be required to install
a small wind energy system.
(3)
Small wind energy systems shall not be located within the front
yard setback of the applicable zone district.
(4)
Towers shall be set back a distance equal to 1 1/2 the
height of the tower from all property lines, public roads, power lines,
and existing and proposed structures. The distance shall be measured
from the center of the tower.
(5)
Towers shall not exceed a total height of 100 feet.
(6)
Small wind energy systems shall be placed in such a manner as
to minimize visual impacts to adjacent residential zone districts
and/or existing residential dwellings.
(7)
Access restrictions shall be designed as follows:
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts a ladder or other publicly accessible means of climbing
the tower for a minimum height of 15 feet above the ground.
(8)
A small wind energy system shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
(9)
A small wind energy system shall remain painted or finished
in the color or finish of grey or white that was originally applied
by the manufacturer.
(10)
There shall be no signs on a small wind generator system or
any associated building except for the manufacturer or installer identification
and appropriate warning signs.
(11)
Small wind energy systems that connect to the electric utility
grid shall comply with the New Jersey Net Metering and Interconnection
Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
(12)
No more than one small wind energy system shall be permitted
on a lot.
(13)
The level of noise produced by wind turbine operation shall
not exceed 55 dBA beyond the ambient noise levels prior to construction
as measured at the property boundaries of the parcel on which the
small wind energy system is located. The applicant shall provide technical
information on noise levels prepared by a qualified professional.
(14)
No small wind energy system shall be roof-mounted, except that
a VAWT system may be installed upon a roof subject to the following
requirements:
(a)
A VAWT system may be roof-mounted provided that the total height
of the system shall not extend beyond 10 feet above the roof line
and may be located on any portion of the roof provided further that
the said system shall be setback no less than 50 feet from any property
line.
(15)
All wind energy systems, unless a VAWT system permitted to be
constructed on a roof, shall be mounted on a monopole and shall not
utilize a truss frame construction requiring wired guyed systems.
(16)
All wind energy systems shall provide for manual braking system
and an over-speed control to prevent over spin during periods of excessively
high winds.
(17)
There shall be a minimum ground clearance of at least 30 feet
between the finished grade and bottom of any rotor of a wind energy
system mounted on a tower.
(18)
Batteries used in conjunction with wind energy systems shall
be recycled or properly disposed of in accordance with hazardous waste
management regulations.
(19)
All power lines from the small wind energy system to on-site
interconnection equipment shall be located underground and installed
by certified professional and must meet all applicable national, state,
and local electrical codes. All power lines from small wind energy
systems to on-site interconnection equipment shall be located underground
or above ground in conduit where underground installation is impractical
due to subsurface conditions, and installed by a certified professional
and must meet all applicable national, state and local electrical
codes.
F. Zoning permit requirements for small wind energy systems.
(1)
An application for a Zoning Permit for a small wind energy system
shall provide the following information:
(a)
Location, dimension and use of all existing structures on site.
(b)
Location and proposed ground elevation of the proposed small
energy wind system.
(c)
Location of all aboveground utilities on the proposed parcel.
(d)
Location of all public and private roadways.
(e)
Design data indicating the basis of design including manufacturer's
specifications and operation requirements.
(f)
Verification shall be provided by a design professional that
the proposed location on the subject parcel and proposed tower elevation
has sufficient wind speeds for operation of the wind energy system.
Upon completion, a certified letter will be required stating that
the structure was constructed as per the certified drawings by licensed
professional engineer.
(g)
Surrounding land uses adjacent to the parcel.
G. Abandonment. A small wind energy system that is out-of-service for
a continuous twelve-month period shall be deemed abandoned. The Township
Zoning Officer may issue a notice of abandonment to the owner of an
abandoned small wind energy system. The owner shall have the right
to respond to the notice of abandonment within 30 days from the receipt
date. The Township Zoning Officer shall withdraw the notice of abandonment
and notify the owner that the notice has been withdrawn if the owner
provides the Township Zoning Officer with information demonstrating
the small wind energy system has not been abandoned. If the small
wind energy system is determined to be abandoned, the owner of the
small wind energy system shall remove the wind generator from the
tower at the owner's sole expense within three months of receipt of
notice of abandonment. If the owner fails to remove the wind generator
from the tower, the municipality may pursue a legal action to have
the wind generator removed at the owner's expense.
H. Compliance with Building Code. Building permit applications shall
be accompanied by standard drawings of structural components of the
small wind energy system, including support structures, tower base
and footings. Drawings and necessary calculations shall be certified
in writing by a registered professional engineer that the system complies
with the Building Code.
[Amended 9-28-1987 by Ord. No. 87-9]
For any and every violation of the provisions
of this article, the owner, contractor or other person interested
as general agent, architect, building contractor, owner, tenant or
any other person who commits, takes part in or assists in any violation
of this article or who maintains any building or premises in which
any violation of this article shall exist and who shall have refused
to abate said violation within five days after written notice shall
have been served upon him, either by registered mail or personal service,
shall, for each and every violation, be subject to a fine of not more
than $1,000 or imprisonment in the County jail for a period not exceeding
90 days, or both, at the discretion of the court or judicial officer
before whom a conviction may be had, and each and every day that such
violation continues after such notice shall be considered a separate
and specific violation of this article.