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Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[Amended 12-11-2007 by Ord. No. 3729; 3-27-2013 by Ord. No. 4012-13; 5-9-2017 by Ord. No. 4199-17; 2-26-2019 by Ord. No. 4261-19]
This article establishes a site plan review process for proposed development in Franklin Township. The purpose of the review is to ensure:
A. 
Preservation of existing natural resources on the site;
B. 
Safe and efficient vehicular and pedestrian circulation, parking, loading and access for emergency vehicles;
C. 
Adequate screening, landscaping and location of structures;
D. 
Exterior lighting needed for safety reasons in addition to any requirements for streetlighting;
E. 
Efficient, safe and aesthetic land development;
F. 
Harmonious use of land;
G. 
Compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimum adverse impact on surrounding property;
H. 
Adequate water supply, drainage and stormwater management, sanitary facilities, and other utilities and services; and
I. 
Adequate recreation, open space and public use areas.
A. 
Site plan review. All site plans as defined in this chapter are subject to the review procedures and time periods for decision specified in N.J.S.A. 40:55D-1 et seq. and the following provisions:
(1) 
Site plan review and approval is required for any new structure or for an addition or alteration to an existing structure, for any material change to the external site plan configuration, and/or for any change of use of an existing structure, with the following exceptions:
(a) 
A single-family detached dwelling unit or a two-family dwelling unit and/or their accessory building(s) or accessory uses on a lot;
(b) 
Permitted accessory structures to residential and agricultural uses;
(c) 
There is a change of use from one permitted nonresidential use to another permitted nonresidential use whereby the Zoning Officer determines that the site meets the requirements of this chapter for the new use; and
(d) 
Buildings which are part of a farming operation as defined herein, which comply with all provisions of this chapter and where the proposed activity is exempt pursuant to the Right to Farm Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
B. 
Simultaneous review.
(1) 
The Planning Board shall have the power to review and approve or deny conditional uses or subdivisions simultaneously with review for site plan approval. The longest time period for action by the Planning Board pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) whether it be for subdivision, variance, conditional use or site plan approval shall apply.
(2) 
Whenever approval of a conditional use is requested, the applicant shall provide a completed application for site plan approval (which includes a section addressing conditional use approval).
C. 
The Township hereby adopts, and incorporates herein, the Site Plan Submission Checklist contained in Schedule 9.[2]
[2]
Editor's Note: Schedule 9 is attached to this chapter.
D. 
Administrative site plan approval of minor site plan applications.
(1) 
Administrative site plan approval. Site plan approval from the Planning Board or Zoning Board of Adjustment shall not be required for applications for minor site plans as defined herein where the proposed disturbance or structure is less than 5,000 square feet or 10% of the gross lot area (whichever is less) and where the Technical Review Committee (TRC) determines that no adverse impacts will occur from such proposed development and the application does not require any variance relief from any provisions of this chapter. Site plan approval from the Planning Board or Zoning Board of Adjustment for applications in excess of 5,000 square feet or 10% of the gross lot area may not be required if the TRC determines that no adverse impact will occur from such proposed development, the application does not require variance relief from any provisions of this chapter and the Chairperson (or designee) of the Board that has jurisdiction consents to waiving site plan approval by the Board. If the lot that is the subject of the application has received TRC approval(s) within the last two years, the square footage of the prior approval(s) and the square footage of the subject application shall be totaled to determine whether the 5,000 square feet or 10% requirement has been exceeded.
(a) 
There is hereby established a Technical Review Committee (TRC) whose purpose is to review and approve/disapprove minor site plans that are exempt from site plan approval from the Planning Board or Zoning Board of Adjustment as per § 112-185C.
(b) 
The membership of the Technical Review Committee shall consist of the following (or their designees): Director of Planning, Economic Development Director, Franklin Township Sewerage Authority Executive Director, Township Engineer, Health Department Director, Fire Prevention Director, and Head of Police Safety Traffic Bureau.
(c) 
The Technical Review Committee shall be subject to the following rules and regulations:
[1] 
All seven members of the TRC must vote to approve an application for a site plan to receive approval.
[2] 
The applicant shall be informed in writing of the TRC's decision, including any required amendments to the application or conditions imposed by the TRC.
A. 
A submission for preliminary and/or major site plan approval shall include all applicable forms, data, information, fees, etc. outlined on the Site Plan Submission Checklist contained in Schedule 9.
B. 
Deadline for Board decision, effect of approval, length of approval, extension of approvals. The applicable requirements of the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) shall apply.
C. 
The Planning Board shall have the power to grant preliminary and final approval simultaneously, provided that all application requirements have been met.
See Article XXIV, § 112-194 et seq.
Approval with variance application. The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan and/or subdivision approval whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to N.J.S.A. 40:55D-70d and appropriate sections of the Zoning Ordinance of Franklin Township. All requirements of this chapter with the exception of time period for approval shall apply to the Board of Adjustment when acting as the reviewing board for a and/or subdivision site plan application.
The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the Township. The Planning Board shall review the site plan and/or subdivision for compliance with all applicable ordinances and the Master Plan; for harmony with surrounding uses and the overall plan for development of the Township; for the promotion of the health, safety, order, efficiency and economy of the Township; and for the maintenance of property values and the general welfare. Based upon its review and the degree to which it can make positive findings, the Board may approve, conditionally approve, request modifications or deny approval of the site plan and/or subdivision based on evaluation of the site plans details with respect to:
A. 
The site plan's compliance with all provisions of this chapter, including but not limited to off-street parking and loading, signs, lighting, open space and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration or heat.
B. 
The site plan's compliance with all requirements and standards of Article XXII, Subdivision of Land, including, but not limited to, standards for construction, layout, dimensions and materials.
C. 
The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
D. 
The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values and negative impacts.
E. 
The provision of a safe and efficient vehicular and pedestrian circulation system.
F. 
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
G. 
The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
H. 
The coordination of streets so as to compose a convenient system consistent with the circulation element of the Master Plan.
I. 
The design and location of buildings in an efficient and aesthetically pleasing manner.
J. 
The use of landscaping and screening to:
(1) 
Provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and
(2) 
Complement the design and location of buildings and be integrated into the overall site design.
K. 
Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.
L. 
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
M. 
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
N. 
Protection and conservation of watercourses and areas subject to flooding.
O. 
The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
P. 
The design and location of signs so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.