This chapter shall be known as the "Land Use
Ordinance of the Township of Franklin."
[Added 12-4-1997 by Ord. No. 97-44]
It is the purpose of this chapter to implement
the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq. (the "MLUL"), as that statute may from time to time be amended.
The provisions of the MLUL are incorporated herein and establish minimum
procedures and standards, which this chapter supplements as permitted
by law.
The purpose and intent of this chapter is to:
A.Â
Encourage municipal action to guide the appropriate
use or development of lands in the Township in a manner which will
promote the public health, safety, morals and general welfare.
B.Â
Secure safety from fire, flood, panic and other natural
and man-made disasters.
C.Â
Provide adequate light, air and open space.
D.Â
Ensure that the development of the Township does not
conflict with the development and general welfare of neighboring municipalities,
the county and the state as a whole.
E.Â
Promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and the preservation
of farmland and the environment.
F.Â
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
G.Â
Provide sufficient space and appropriate locations
for a variety of agricultural, residential, recreational and commercial
uses and open space, both public and private, according to their respective
environmental requirements, in order to meet the needs of all New
Jersey citizens.
H.Â
Encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
and blight.
I.Â
Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
J.Â
Promote the conservation of open space and valuable
resources and prevent urban sprawl and degradation of the environment
through the improper use of land.
K.Â
Encourage coordination of the various public and private
procedures and activities shaping land development, with a view to
lessening the cost of such development and to the more efficient use
of land.
L.Â
Promote the general planning goals and intent of the
Franklin Township Master Plan; to retain Franklin Township's agricultural
lands, scenic villages, rural ambiance, clean air and clean water.
[Added 12-4-1997 by Ord. No. 97-44]
A.Â
It is not intended by this chapter to repeal, abrogate,
annul or in any way impair or interfere with existing provisions of
other laws or ordinances, except those specifically or impliedly repealed
by this chapter, or any private restrictions placed upon property
by covenant, deed or other private agreement, unless repugnant hereto.
B.Â
Where this chapter imposes a greater restriction upon
the use of buildings or premises or upon the height of buildings or
lot coverage or requires a greater lot area or longer yard or other
open spaces than are imposed or required by other rules, regulations
or permits or by such private restrictions, the provisions of this
chapter shall control.
[Amended 3-2-1979; 5-2-1980; 6-7-1984 by Ord. No. 84-9; 12-6-1984 by Ord. No. 84-13; 4-2-1987 by Ord. No.
87-16; 7-2-1987 by Ord. No. 87-24; 2-4-1988 by Ord. No. 88-2; 12-1-1988 by Ord. No. 88-14; 9-6-1990 by Ord. No. 90-7; 2-6-1992 by Ord. No.
92-5; 5-7-1992 by Ord. No. 92-18; 9-8-1994 by Ord. No. 94-12; 9-14-1995 by Ord. No. 95-12; 12-4-1997 by Ord. No. 97-44]
Unless the context clearly indicates a different meaning, the words and terms contained in this Chapter 220, Land Use, and Chapter 310, Subdivision of Land and Site Plan Review, shall have the meanings subscribed to them in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and in this § 220-5. The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. Definitions pertaining to fair-share housing not found below are the same as those definitions that appear in the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., or the rules and regulations adopted by the Council on Affordable Housing in N.J.A.C. 5:91 or 5:92.
A self-contained residential dwelling unit resulting from
the conversion of an existing single-family detached dwelling into
two dwelling units or from conversion of another existing structure
on a residential property. An accessory unit shall have complete kitchen
and bath facilities, direct access to the outdoors, or to a hall from
which there is direct access to the outdoors, and be physically subordinate
to the primary unit that exists on that property. No more than one
accessory apartment is permitted on a single lot.
[Amended 12-4-1997 by Ord. No. 97-44A; 9-3-1998 by Ord. No.
98-44C]
A subordinate building, structure or use on the same lot
with a principal building, structure or use or a portion of the principal
building or structure occupied, used or devoted exclusively to an
accessory use, customarily incidental to the permitted use of the
principal building or structure. An accessory building will be considered
part of the principal building when it is attached by common exterior
walls and/or roof structure of both the principal and accessory building.
The length of the common and attaching exterior walls and/or roof
structure shall not exceed the length of the side of the existing
principal building to which the common element(s) is attached.
[Amended 9-3-1998 by Ord. No. 98-44C; 8-21-2003 by Ord. No.
2003-06]
For the purpose of making a determination of incompleteness
of an application for development, the Board Clerk, Board Engineer
or Board Attorney.
Housing affordable by low- and moderate-income households as defined by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., provision for which is made by Chapter 176, Fair Housing, of the Code of Franklin Township.
Same as "farm."
An area delineated by the New Jersey Department of Transportation,
Division of Aeronautics, based upon the standards promulgated in N.J.A.C.
16:62-3.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, zoning
variance or direction for the issuance of a permit.
An establishment that produces and sells baked goods, such
as bread, cookies, cakes, pies and the like. The establishment may
also serve beverages to customers who wish to consume the baked goods
on the premises. There shall be no more than five tables.
[Added 4-9-2020 by Ord.
No. 2020-03]
A retail store, usually part of a chain of stores, encompassing
10,000 square feet or more.
[Added 6-25-2020 by Ord.
No. 2020-06]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The area of a lot which is occupied by a building or structure,
not including uncovered sidewalks, steps, patios, parking areas or
driveways.
The property area exclusive of front yard, side yard and
rear yard setbacks.
The vertical distance measured from the average ground elevation of the preconstruction grade at the front of the building to the level of the highest point of the roof surface if the roof is flat or, in the case of sloping roofs, to a point 1/2 the distance between the top of the uppermost plate and the highest point of the roof. See exceptions in § 220-35.
A structure in which is conducted the principal permitted
use of the site on which it is situated.
[Amended 9-3-1998 by Ord. No. 98-44C]
A line midway between and parallel to the two street or road
property lines, unless otherwise established by filed map, deed or
similar legal record.
Includes changes in use as defined by a change in SIC code,
expansion of intensity of use above a previously approved level, and
changes in ownership or tenancy under the same SIC code of use that
change items required for compliance within this section.
[Added 10-31-2006 by Ord. No. 2006-12]
The bed and banks of a watercourse which convey the normal
flow of the stream.
Any facility which is maintained for the care, development
or supervision of six or more children under six years of age who
attend for less than 24 hours per day and which is licensed by the
New Jersey Department of Human Services.
[Added 4-9-2020 by Ord.
No. 2020-03]
An establishment that sells coffee, tea, and other beverages.
A coffee shop may also serve baked goods and dessert-type fare. No
goods are sold to customers from a drive-up or drive-through window.
[Added 4-9-2020 by Ord.
No. 2020-03]
Any motor vehicle and/or trailer, other than a passenger
car, having more than two axles and/or six wheels and/or exceeding
a gross vehicle weight of 10,000 pounds. The term commercial vehicle
shall also include any vehicle which bears commercial license plates
or which displays advertising of a commercial enterprise thereon.
An application form as specified by the Code of Franklin
Township consistent with the rules and regulations of the approving
municipal agency and all accompanying documents required by ordinance
for a determination of completeness of an application for development,
including, where applicable, but not limited to a site plan or subdivision
plat. The approving municipal agency may nevertheless require such
additional information not specified by ordinance and may require
any revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for approval of the application for development have been met. The
application shall not be deemed incomplete for lack of any such additional
information or any revisions in the accompanying documents so required
by the approving municipal agency. An application may only be certified
as complete by the reviewing agency and may be deemed incomplete by
the reviewing agency or by any administrative assistant. The determination
of incompleteness shall be communicated to the applicant in accordance
with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. A determination
of completeness by the municipal agency shall mark the commencement
of the time period for action by the municipal agency.
The Construction Official of the Township of Franklin.
[Amended 10-31-2006 by Ord. No. 2006-12]
An establishment selling cold cuts, cheeses and a variety
of salads, as well as selection of prepared foods and other related
items sold in varying quantities for consumption primarily off-premises.
However, there may be on-site consumption of food as an accessory
use. A delicatessen may also be referred to as a sandwich shop.
[Added 4-9-2020 by Ord.
No. 2020-03]
The checklist adopted by ordinance to determine the completeness
of any application for development.[1]
A facility that provides short-term daytime care for dogs.
[Added 4-9-2020 by Ord.
No. 2020-03]
Any permanent building or portion thereof designed or used
exclusively as a residence or sleeping place for one or more persons.
Hotels, motels, dormitories, fraternity or sorority houses, rooming
and/or boarding houses and other similar group quarters and institutional
living space shall not constitute a dwelling.
An establishment that serves food and beverages on the premises
for consumption within the restaurant or at outdoor tables. It is
not an establishment where food and beverages can be purchased without
physically entering the main structure of the establishment.
[Added 4-9-2020 by Ord.
No. 2020-03]
The Township advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.)[2]
A person or any number of persons united by blood, marriage
or legal adoption living together in a dwelling as a single housekeeping
unit or a group of not more then five persons not necessarily related
by blood, marriage or legal adoption living together as a single housekeeping
unit.
A private residence of a family day-care provider which is
registered as a family day-care home pursuant to the Family Day Care
Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et
seq.).
A parcel of land comprised of five or more acres, exclusive
of any acreage used for a dwelling, devoted to the production either
for sale or for consumption by the owner of plants and animals generally
accepted as useful to man, including but not limited to forages and
crops, grains and feed crops, dairy animals and dairy products, poultry
and poultry products, livestock, including beef, cattle, sheep, horses,
ponies, mules, dairy cattle and goats, including the breeding and
grazing of any and all such animals, bees and apiary products, fur-bearing
animals, trees and forest products, including the processing and sale
of these products on the property where produced. Land shall be deemed
a farm when devoted to the production for sale of fruits of all kinds,
including grapes, nuts and berries; vegetables; and nursery, floral,
ornamental and greenhouse products, including the processing and sale
of these products on the property where produced.
Any and all farm structures, for example, barns, silos, food
storage structures, greenhouses, processing structures, machinery
or utility storage structures, watering and livestock buildings and
roadside stands.
An establishment that sells pre-prepared or rapidly prepared
wrapped food directly to the customer at a counter in bags or on trays
for consumption on or off the premises, with or without table seating
and with or without a drive-through window.
[Added 4-9-2020 by Ord.
No. 2020-03]
The official action taken on a preliminarily approved major
subdivision or site plan after all conditions, engineering plans and
other requirements have been completed or fulfilled and the required
improvements have been installed or guaranties properly posted for
their completion, or approval conditioned upon the posting of such
guaranties.
The floodway and/or the floodplain.[3]
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels.
[Added 4-9-2020 by Ord.
No. 2020-03]
A tract of land improved with at least 18 holes for playing
the game of golf, and improved with tees, greens, fairways, and hazards,
practice facilities, and a clubhouse (which may include a dining room,
a bar, a pro shop, kitchen, locker rooms and administrative offices)
and customary accessory buildings and structures for storage of golf
carts and for the maintenance and operation of the facility.
[Added 8-4-2000 by Ord. No. 2000-05]
Any use conducted entirely within a dwelling
or in an accessory structure, which use is clearly incidental and
secondary to the residential use of the dwelling and does not change
the character thereof, and in connection with which:
There is no sign except an unlighted sign not
greater than four square feet in face area.
The home occupation is conducted wholly by the
residents thereof or by the residents and not more than two nonresident
employees.
The home occupation does not cause objectionable
noise, fumes, odor, dust, electrical interference or hazardous waste.
The Zoning Officer has issued a zoning permit
pursuant to this chapter.
Incidental sale of agricultural products from
a temporary structure located on a farm is a permitted accessory use
and is not a home occupation.
[Amended 9-3-1998 by Ord. No. 98-44C]
A building designed for occupancy as a temporary residence
of one or more persons who are lodged with or without meals.
A building principally devoted to the exercise of religion
by bona fide members of a religious corporation or association organized
and in good standing pursuant to N.J.S.A. 16:1-1 et seq. and which
also qualified pursuant to the Internal Revenue Code of the United
States for tax-exempt status. Proof of such lawful organization, good
standing and tax-exempt status must be submitted at the time of application.[4]
[Amended 9-3-1998 by Ord. No. 98-44C]
Buildings, parking areas, driveways, roads, sidewalks, asphalt,
concrete, packed stone and any other materials whose surfaces do not
absorb rain.
[Amended 9-3-1998 by Ord. No. 98-44C]
A residential unit that contains space in which to conduct
a business or trade.
[Added 6-25-2020 by Ord.
No. 2020-06]
A designated parcel, track or area of land established by
a plan or otherwise as permitted by law and to be used, developed
or built upon as a unit.
[Amended 9-3-1998 by Ord. No. 98-44C]
The area of a lot covered by impervious surfaces expressed
as a percentage of total lot area.
[Amended 9-3-1998 by Ord. No. 98-44C]
The distance between the sidelines of a lot measured parallel
to the street right-of-way at the minimum front yard setback line.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required in connection
with a development approval.
Any site plan not classified as a minor site plan.
[Added 10-5-2000 by Ord. No. 2000-10]
Any subdivision not classified as a minor subdivision.
The office of a licensed medical or health care practitioner
providing health care services to a person for the purpose of maintaining
or restoring a person's physical or mental health. The term "licensed"
is defined in the New Jersey Administrative Code.
[Added 4-9-2020 by Ord.
No. 2020-03]
A self-storage facility for residential storage.
[Added 4-9-2020 by Ord.
No. 2020-03]
A development plan which meets the permitted use or conditional
use standards of the zone in which it is located and:
[Added 10-5-2000 by Ord. No. 2000-10]
A subdivision of land that does not involve:
The creation of more than three lots, including
the remainder lot;
A planned development as defined by the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.);
A new street; or
The extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 310-76, Off-tract improvements.
If the lot to be subdivided has been a portion
of property previously subdivided, subdivision of the lot shall not
be classified as minor if the proposed subdivision would result in
creation of more than three lots, i.e., two new lots and the remainder
lot, within any five-year period.
A building containing three or more dwelling units, including
units that are located over one another. Units may have separate or
joint entrances.
[Added 3-29-2018 by Ord.
No. 2018-07; amended 12-13-2018 by Ord. No. 2018-18]
A room or group of rooms used for conducting the affairs
of a business, profession, services, industry, or government and generally
furnished with desks, tables, files, and communication equipment.
[Added 4-9-2020 by Ord.
No. 2020-03]
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel. This
includes salons, barbershops, domestic services, shoe repair, travel
agencies, and the like.
[Added 4-9-2020 by Ord.
No. 2020-03]
A contiguous, unfragmented area of a lot within the building
envelope which does not contain existing or proposed street rights-of-way,
wetlands and their associated transition areas as determined and/or
verified by the New Jersey Department of Environmental Protection,
floodplains, critical slopes, aboveground stormwater detention and/or
retention facilities, existing easements which preclude structures,
and areas of zero to one foot seasonal high-water table, based upon
the Hunterdon County soil survey. The contiguous, unfragmented area
shall have a minimum width dimension of 150 feet. The required improvable
area shall be accessible to frontage on a street.
[Added 8-5-2004 by Ord. No. 2004-10]
An establishment designed to serve food and beverages on
the premises for consumption within the restaurant. It is not an establishment
designed for or used for the supply of food and beverages for immediate
consumption outside the building in which the restaurant is located,
is not an establishment for the service of food and beverages to persons
who can purchase the same without physically entering the main structure
of the establishment and is not for the sale of prepared or rapidly
prepared food in or on disposable plates or cups or other non-dish/china
materials in a ready-to-consume state for consumption either within
the restaurant building or off premises.
[Added 3-1-2001 by Ord. No. 2001-01]
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 4-9-2020 by Ord.
No. 2020-03]
Any building which is designed, constructed, or used primarily
for educational purposes, including core components such as math,
history, and English, for students grade pre-K through 12. Uses wherein
instruction is given to individuals or groups in a building used principally
for other purposes are not schools. Colleges, universities, technical
training facilities, and the like are not schools.
[Added 4-9-2020 by Ord.
No. 2020-03]
Any building, land area, or other premises used for the servicing
and repair of vehicles; which may include the sale and installation
of lubricants, tires, batteries, and similar vehicle accessories.
[Added 4-9-2020 by Ord.
No. 2020-03]
A group of commercial establishments planned, constructed,
and managed as a total entity.
[Added 6-25-2020 by Ord.
No. 2020-06]
Any device for vision communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
The area of the largest horizontal width and vertical height
of the display and background. For signs with two display faces, the
maximum area shall be permitted on each face area.
A sign which permits light to be turned on or off intermittently
more frequently than once per minute or any illumined sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including an LED
(light-emitting diode) or digital sign and changes more frequently
than once per minute.
[Added 6-25-2020 by Ord.
No. 2020-06]
A sign in which the entire bottom is in contact with or is
close to the ground and is independent of any other structure.
[Added 3-29-2018 by Ord.
No. 2018-07; amended 12-13-2018 by Ord. No. 2018-18]
A sign hung in a window or on a door that states "open."
Open signs may be electronic but shall not flash as defined in "flashing
sign." Open signs shall be a maximum of four square feet and permitted
in the C-S, C-N, NB, and MXD Zones.
[Added 6-25-2020 by Ord.
No. 2020-06]
A sign or advertising display that is not permanently mounted
and is constructed of cloth, canvas, fabric, plywood or other light
material and designed or intended to be displayed for a short period
of time, which is no longer than six months. Temporary signs shall
not be illuminated.
[Added 3-29-2018 by Ord.
No. 2018-07; amended 12-13-2018 by Ord. No. 2018-18]
A sign fastened to the wall of a building in such a manner
that the wall becomes the supporting structure for the sign and that
does not project more than eight inches from such building.
[Added 3-29-2018 by Ord.
No. 2018-06; amended 12-13-2018 by Ord. No. 2018-19]
The rate of ascent or descent from a level stated as a percentage of horizontal distance. See § 310-59, Preliminary plat details.
Slopes having a gradient 25% or greater.
[Added 8-5-2004 by Ord. No. 2004-10]
Slopes having a gradient of between 15% but less than 25%.
[Added 8-5-2004 by Ord. No. 2004-10]
A system and all its associated equipment that converts solar
energy into useable electrical energy through the use of solar panels.
[Added 11-12-2020 by Ord.
No. 2020-12]
A system and all its associated equipment that converts solar
energy into useable electrical energy through the use of solar panels
for off-site distribution and consumption.
[Added 11-12-2020 by Ord.
No. 2020-12]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy.
[Added 11-12-2020 by Ord.
No. 2020-12]
A combination of materials to form a construction for occupancy,
use, or ornamentation whether installed on, above, or below the surface
of a parcel of land. (N.J.S.A. 40:55D-7)
[Added 10-17-2002 by Ord. No. 2002-11]
Examples of structures include but are not limited
to:
Principal building.
Septic systems.
Fences of greater than 50% opacity. See exception in § 220-42D.
Detention and related stormwater devices/appurtenances.
Mail boxes approved by the US postal authority
are exempt as they are owned by the postal authority.
Wells.
Walls less than three feet. See exception in § 220-13E.
Examples of structures where exemptions apply
for placement in a setback:
Driveways. See exception in § 166-4.
Driveway pillar less than eight feet high by
two feet by two feet in width and depth.
[Amended 10-31-2006 by Ord. No. 2006-12]
School shelters, which shall mean structures
to provide protection from inclement weather.
[Amended 10-31-2006 by Ord. No. 2006-12]
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
[Added 3-29-2018 by Ord.
No. 2018-07; amended 12-13-2018 by Ord. No. 2018-18]
See § 220-23, Two-dwelling-unit conversions.
A building used primarily for the storage of goods and materials
and available to the general public for a fee.
[Added 4-9-2020 by Ord.
No. 2020-03]
A wind energy conversion system consisting of a wind turbine,
a tower, and associated controls or conversion electronics, which
has a rate capacity consistent with applicable provisions of the State
Uniform Construction Code and which will be used to generate electrical
power primarily for on-site consumption. Said system shall not be
for the generation of power for commercial purposes, although this
provision shall note be interpreted to prohibit the sale of excess
power generated from time to time from a wind energy system designed
to meet the energy needs of the principal use.
[Added 6-25-2020 by Ord.
No. 2020-06]
The cross-sectional dimension of the circle swept by the
rotating blades of a wind energy system.
[Added 6-25-2020 by Ord.
No. 2020-06]
The vertical distance measured from the average elevation
of the finished grade to the tip of a wind generator blade when the
tip is at its highest point, or the highest point of the wind energy
system, whichever is greatest.
[Added 6-25-2020 by Ord.
No. 2020-06]
An open space extending the full width of the lot, measured
from and at right angles to the front lot line, unoccupied and unobstructed
from the ground upward, except as may be specified herein. Where a
lot has frontage on more than one street, public or private, each
yard adjacent to a street is a front yard.
[Amended 9-3-1998 by Ord. No. 98-44C]
An open space extending across the full width of the lot
measured from and at right angles to the rear lot line, unoccupied
and unobstructed from the ground upward, except as may be specified
herein.
[Amended 9-3-1998 by Ord. No. 98-44C]
An open, unoccupied space measured from and at right angles
to the side lot line of the lot and extending from the minimum front
yard to the minimum rear yard.
[1]
Editor's Note: The Development Review Checklist can be found at the end of Ch. 310, Subdivision of Land and Site Plan Review.
[2]
Editor's Note: See Ch. 45, Environmental Commission. The former definition of "Fair Housing Program," which immediately followed, was repealed 6-25-2020 by Ord. No. 2020-06.
[3]
Editor's Note: The definition of "Historic
Preservation Commission," which followed this definition, was repealed
9-3-1998 by Ord. No. 98-44C.
[4]
Editor's Note: The former definition of "Housing Administrator,"
which immediately followed, was repealed 6-25-2020 by Ord. No. 2020-06.
