Township of Franklin, NJ Supplementary Zoning Regulations

No beekeeper shall maintain colonies of honeybees (Apis melliferus) so as to cause physical danger or property damage.

Where this chapter does not state farming operations as a permitted use or permitted accessory use the number of bee colonies shall be limited to two.

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-day period to take the recommended corrective action.

If the corrective action, as recommended by the Township authority, is not taken within the prescribed fourteen-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-day period shall result in a fine of $10 per day for each day the colonies remain beyond the removal date.

The Township retains the right to have beehives removed or the bees killed and the hives burned, at the owner's expense, if any of the following conditions exist:

The beehives pose an immediate health hazard.

The owners of the hives do not take the corrective action in the prescribed time period as directed by the Township authority.

The owner of the hives cannot be found after a reasonable attempt has been made to locate said owner.

§ 112-28 Height exceptions.

The height limitations of this chapter 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 chapter 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 chapter, provided that such uses shall increase the front, rear and side yards 1/2 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 50 feet.

§ 112-29 Roadside stands.

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.

Roadside stands shall be permitted as an accessory use provided that said roadside stand and produce shall be located no closer than 30 feet from the street line.

§ 112-30 Equipment storage.

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 six-foot stockade, board and batten or chain link fence with redwood or treated lumber slats to completely and aesthetically conceal the stored material from any adjacent properties. Vinyl or plastic slats for chain link fences are not permitted.

Storage of hazardous wastes materials must be located in a properly enclosed spillproof 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.

§ 112-31 (Reserved) [1]

Editor's Note: Former § 112-31, Laboratories of an experimental, research or testing nature in the ROL District, was repealed 7-29-2022 by Ord. No. 4371-22.

§ 112-32 Use of wells restricted.

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 is available within 200 feet from the property line connection to said public water shall be mandatory.

§ 112-33 Recycling facilities in multifamily housing developments.

[Amended 12-11-2007 by Ord. No. 3728]

Definitions. The terms used in this chapter are defined as follows:

MULTIFAMILY HOUSING

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

RECYCLING AREA

A space allocated for collection and storage of source separated recyclable materials.

There shall be included in any application to the Township Planning Board and/or Zoning Board of Adjustment that requires subdivision or site plan approval for the construction of multifamily housing, single-family developments of 50 or more units or any commercial, institutional, government or industrial development for the utilization of 1,000 square feet or more of land, a recycling plan. The plan must contain, at a minimum, the following:

A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and

Locations documented on the application's site plan that provide for an indoor or outdoor recycling area for the collection and storage of residentially generated recycling 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; and

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 § 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to § 26 of P.L. 1987, c. 102; and

The location of the recycling area shall be convenient for the residential disposition of source separated recycling materials, preferably near, but clearly distinct from, a refuse dumpster; and

The plan shall represent that:

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles; and

[2]

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 recycling materials, bins or containers.

Prior to the issuance of a certificate of occupancy by the Township, the owner of any new multifamily housing or commercial, institutional or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source separated recyclable materials in those instances where the Township or Somerset County does not otherwise provide this service.

The recycling area or the bins or containers 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.

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.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the Township Engineer.

§ 112-33.1 Independent Senior Living.

[Added 8-24-2010 by Ord. No. 3892]

Permitted uses. Permitted uses are as follows:

Independent senior living facilities for senior citizens who are capable of living independently of supportive services to assist them with the activities of daily living. Such development shall consist of an apartment-style facility in which residency is age-restricted to households in which the head of household or their spouse is age 62 years or older, except that due to death, a remaining spouse less than 62 years of age shall be permitted to continue to reside and further provided that no person under 19 years of age shall reside in any dwelling unit for more than 90 days in any calendar year. Independent senior living facilities may also contain porches, patios, balconies and public areas to provide activities for residents, including a dining room, community/multipurpose rooms, chapel and recreational areas.

Assisted living facilities for senior citizens who are able to live independently in apartment-style units but require some assistance with the activities of daily living.

Accessory uses. Accessory uses are as follows:

Housing units for caretaker, facility director or similar on-site employee(s), which units shall be included toward the number of permitted units.

Security booths.

Recycling areas.

Indoor recreational areas such as game rooms, library, computer room.

Outdoor recreational sitting areas such as an event lawn, gazebos and other civic amenities.

Other uses customary and incidental to the principal permitted use.

Development requirements. Development within this zone shall be in accordance with the following standards and site plan review:

Minimum lot area: five acres.

Minimum lot frontage: 300 feet.

Maximum number of units: 127.

Maximum height: three stories or 50 feet to the highest ridge beam of a pitched roof or 35 feet to a flat roof.

Maximum lot coverage: 35%.

Maximum impervious coverage: 60%.

(7)

Minimum setbacks for all building:

Front yard: 100 feet.

One side yard: 25 feet.

Total of two side yards: 100 feet.

Rear yard: 100 feet.

(8)

Buffer areas: Along the front and rear lot lines, a minimum buffer of 50 feet shall be provided. Such buffer shall be 15 feet along side lot lines. With the exception of minimum disturbance necessary for the construction of an access driveway and utilities, said buffer shall be kept in its natural state where wooded, and when natural vegetation is sparse or nonexistent, the developer shall supplement the existing vegetation with new landscape screening. Elsewhere on the site, existing trees shall be preserved to the greatest degree possible.

(9)

Off-street parking: in accordance with the Residential Site Improvement Standards (RSIS).

(10)

Minimum parking setbacks:

From building: 10 feet.

No parking area shall be permitted in the required front yard or within required buffer areas.

(11)

The development shall be serviced by public water and sewer facilities.

(12)

Support services, functions and facilities shall include the following at a minimum: indoor recreation or activity facilities; kitchen and dining facilities; private emergency transportation; pass-key locking doors that provide twenty-four-hour security.

(13)

Provision of very-low-, low- and moderate-income housing; mandatory set-aside requirements. The developer shall provide or cause others to provide, on-site, very-low-, low- and moderate-income dwelling units totaling at least 38 units (30%) with at least 10 of such units being affordable to very-low income households. The developer shall abide by all applicable requirements of the Council on Affordable Housing (COAH) including the Uniform Housing Affordability Controls (UHAC) including but not limited to pricing, bedroom mix, low/moderate income split, affirmative marketing, and assignment of a COAH-qualified administrative agent. The developer shall be solely responsible for all payments required for the services of the administrative agent. The administrative agent shall be COAH-qualified, shall be approved by the Township, and shall perform all duties and responsibilities of an administrative agent as set forth in the COAH rules and UHAC, including those set forth in N.J.A.C. 5:80-26.14, 26.16 and 26.18 thereof, which duties and responsibilities include, but are not limited to, affordability controls; affirmative marketing; household certification; communication and education; and enforcement.

§ 112-33.2 Outdoor lighting. [1]

[Added 6-28-2016 by Ord. No. 4156-16]

All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the requirements as specified below.

General requirements.

Where used for security purposes or to illuminate walkways, roadways and parking lots, only shielded light fixtures shall be used.

Where used for commercial and industrial purposes such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall comply with the following:

Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam of light that will not illuminate other objects.

Other upward directed architectural, landscape or decorative direct light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.

Recreational and sports facility lighting shall be shielded whenever possible. Such lighting shall have directional and glare control devices, when necessary, to comply with § 112-33.2B, Light trespass.

Externally illuminated signs, including building identification or other similar illuminated signs, shall comply with the following:

Top-mounted light fixtures shall be shielded and are preferred.

[2]

When top-mounted light fixtures are not feasible, illumination from other positioned light fixtures shall be restricted to the sign area. Visors or other directional control devices shall be used to keep spill light to an absolute minimum.

(e)

All other outdoor lighting shall use shielded light fixtures.

All floodlight type fixtures, once properly installed, shall be permanently affixed in the approved position.

Foundations supporting lighting poles not installed three feet behind the curb shall not be less than 30 inches above ground.

No light fixtures approved as part of a development application shall be changed in number, height, type lumen, and/or power without obtaining necessary Township approval.

Light trespass. All light fixtures, except street lighting, shall be designed, installed and maintained to prevent light trespass, as specified below.

Illumination from light fixtures shall not exceed 0.1 footcandles at the property line adjoining residentially zoned property.

Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will not be any objectionable direct glare source visible above a height of five feet from any other property or public roadway.

Light fixtures near adjacent property boundary may require special shielding devices to prevent light trespass.

Illuminance and luminance requirements. Illuminance and luminance requirements shall be as set forth in the most current edition of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook and other IESNA publications, and this section shall adopt the most current edition of those standards.

Street lighting. Average IESNA illuminance recommendations should not be exceeded. IESNA average to minimum illuminance uniformity ratios are to be used as a guide for designing safe and adequate roadway lighting.

Outdoor parking facilities. Outdoor parking lot illuminance shall be based on certain illuminance specifications recommended by the IESNA, as specified below:

Maintained Illuminance for Parking Lots
Horizontal Illuminance	Basic	Enhanced Security
Minimum	0.2 fc	0.5 fc
Average	1.0 fc	2.5 fc
Uniformity ratios
Average to minimum	5:1	5:1
Maximum to minimum	20:1	15:1
Minimum vertical illuminance	0.1 fc	0.25 fc

	Minimum vertical illuminance shall be measured at 5.0 feet above parking surface at the point of lowest horizontal illuminance, excluding facing outward along boundaries.
	For typical conditions: During periods of nonuse, the illuminance of parking facilities should be turned off or reduced to conserve energy. If reduced lighting is to be used only for the purpose of property security, it is desirable that the minimum illuminance be not less than 0.1 fc in susceptible areas of the property. Reductions should not be applied to facilities subject to intermittent night use, such as apartments, hospitals and active transportation areas.
	If security or vandalism is a likely and/or severe problem, an increase above the basic level may be appropriate.
	High vehicular traffic locations should generally require the enhanced level of illumination. Exits, entrances, internal connecting roadways and such would be some examples.

All other illuminance uses shall not exceed IESNA recommendations.

Internally illuminated signs shall not exceed IESNA luminance recommendations.

Electric utility floodlights. No electric utility floodlight intended for property illumination shall be located within the public right-of-way on any public roadway or on any property unless:

The luminaire is sufficiently shielded and aimed so that no objectionable direct glare source is visible at any point on the roadway where the viewing height is five feet or greater and when the distance from the mounting pole is 70 feet or greater.

The property being illuminated does not exceed the maximum maintained illuminance levels to perform the lighting task prescribed in § 112-33.2C, illuminance and luminance requirements.

All electric utility floodlights shall be subject to the requirements in § 112-33.2B, Light trespass.

On-site outdoor lighting energy conservation. The design and installation of outdoor lighting on the site of a subdivision or site plan shall be constructed so as to conform to the standards specified herein.

All outdoor lighting not necessary for security purposes shall be reduced, activated by motion sensor devices or turned off during nonoperating hours. Illuminated signs are excluded from this requirement.

All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.

Lighting plans shall employ lighting technology that is as energy efficient as practicable, e.g., the use of light-emitting diode (LED) technology.

Prohibitions. Searchlights or flashing or animated signs are prohibited, other than for a period of seven days from the date of the opening of a new establishment.

Editor's Note: Former § 112-33.2, Multifamily Residential, added 8-24-2010 by Ord. No. 3890, was repealed 7-16-2013 by Ord. No. 4021-13.

§ 112-33.3 Renewable Energy Facilities.

[Added 3-27-2013 by Ord. No. 4007-13; amended 12-8-2020 by Ord. No. 4333-20]

Consistent with the provisions of N.J.S.A. 40:55D-66.11 of the New Jersey Municipal Land Use Law, a renewable energy facility on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person shall be a permitted use within the Township's B-1 and M-3 Zoning Districts. For the purposes of this section, "renewable energy facility" means a facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy and shall include associated equipment necessary for the generation and transmission of electric energy from the renewable energy facility.

§ 112-33.4 Lot shape.

[Added 3-27-2013 by Ord. No. 4008-13]

Every lot created for one- and two-family residential use after the effective date of this section shall be capable of containing a horizontal square wholly within its boundaries and located wholly outside the minimum required front yard setback. Such horizontal square shall be termed the "effective square."

The dimensions of this "effective square" shall correspond to the dimensions listed below for the district in which the lot is located:

A and CP (standard lot) Zones: 250 feet per side.

RR5, RR3, CP (lot size averaging), NRPC, and R40 Zones: 125 feet per side.

AC, C-R (two-family): 90 feet per side.

R-20, R-15, NRPC-R40, RC, HBD, C-R (single-family): 70 feet per side.

R-10, R-10A, R-10B, R-7 (single-family), R-7 (single-family, zero lot line), R-7 (two-family), R-F (two-family), NBR (two-family), NBR (single-family): 55 feet per side.

C-R (Nob Hill), R-F (single-family): 35 feet per side.

§ 112-33.5 Existing residences in the Business and Industry (B-I) Zone.

[Added 12-8-2020 by Ord. No. 4333-20]

Single-family residences existing within the B-I (Business and Industry) Zone as of September 1, 2020 shall be considered permitted uses in the B-I Zone and shall be subject to the bulk requirements applicable to a single residence in the R-10 Residential Zoning District. This section shall not be construed to render the creation of new single-family homes in the B-I as a permitted use.

§ 112-33.6 Design of business and industry uses.

[Added 12-8-2020 by Ord. No. 4333-20; amended 7-29-2022 by Ord. No. 4371-22;2-14-2023 by Ord. No. 4391-22]

Laboratories, manufacturing uses, and other such light industrial uses exempt from Article XXVIA, Commercial Design Standards, shall still be designed to present an attractive appearance to adjoining roadways and adjoining properties (particularly where adjoining residential zones), provide effective buffering and screening of adjoining uses as required by Schedule 6, and appropriately provide for alternative modes of transportation. Development applications for such uses shall take such matters into consideration including but not necessarily limited to the following:

The front yard should be attractively landscaped. The landscaping in the front yard should include the planting of street trees planted no greater than 40 feet on center. Additional landscaping in the front yard should consist of ornamental landscaping to provide an attractive streetscape and/or functional landscaping as necessary to screen parking, loading, or service areas located beyond the front yard.

There should be an emphasis on providing a portion of the required landscaping required in Schedule 6 (i.e., one tree/2,000 square feet of pavement) within the interior of the site in the form of landscape islands, i.e., this requirement should not be met solely by placing trees around the perimeter of the site.

Loading docks, truck parking, outdoor storage, trash collection/compaction, and other service functions should be located in a manner than minimizes their view from adjoining roadways and from adjoining residential properties. Where such placement is unavoidable, such areas should be screened to the maximum degree practicable through the use of landscaping, fences and/or walls.

The side(s) of the building facing and visible from adjoining roadway(s) should be designed and finished in an attractive manner and should present architecturally as the front of the building.

Mechanical equipment, whether on the roof, sides of the building, or mounted on the ground, should be screened from view from adjoining roadways and residential districts. In such instances, screening should be architecturally integrated with the building through materials, color, texture, shape, size, and with design features, such as facade parapets.

Development applications for such uses should appropriately take into consideration nonautomotive modes of transportation. Site plans should provide convenient and safe interconnection of sidewalks between parking areas and building entrances within the site and extending to the street. Sidewalks should be provided along the site frontage. Site plans should incorporate bicycle parking as well as electric vehicle charging stations.

For larger sites and/or sites where a significant portion of the employees are not expected to commute by their own automobiles, there should be appropriate accommodation for pick-up/drop-off area(s) for ride hailing services, bus and/or shuttle.

The site plan shall demonstrate measures to address compliance with applicable Township and state laws pertaining to idling of gasoline and diesel fueled motor vehicles, including N.J.A.C. 7:27-14 ("Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles") and N.J.A.C. 7:27-15 ("Control and Prohibition of Air Pollution from Gasoline-Fueled Motor Vehicles"), including, but not necessarily limited to, the posting of signage on the site.

All newly constructed buildings shall be solar-ready.

§ 112-33.7 Electrical vehicle supply/service equipment.

[Added 11-23-2021 by Ord. No. 4352-21]

Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electrical vehicle supply/service equipment (EVSE) and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

Definitions. For the purpose of this section, the following definitions shall apply:

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a fifteen-amp to twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty-amp to 100-amp breaker on a 208-volt or 240-volt AC circuit.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

Approvals and permits.

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Department of Planning/Zoning shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Franklin Township's land use regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

An application pursuant to Subsection C(5) above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the Department of Planning/Zoning within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

(7)

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

(8)

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

(e)

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

(e)

Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

(f)

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

(g)

(h)

Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Franklin Township Land Development Ordinance.

A parking space prepared with EVSE or make-ready equipment shall count as two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged but shall not be required in development projects.

Standards for EVSE and make-ready parking spaces.

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to this section.

Adequate EVSE protection, such as concrete-filled steel bollards, shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to and visible from the EVSE.