[Article X adopted by Ordinance No. 2007-04]
[Ord. No. 2007-04]
This Article is adopted pursuant to N.J.S.A. 40:55D-62 and in
order to effectuate the Frankford Township Master Plans. It has been
drawn with consideration to the character of each district and the
suitability of each district for particular uses, and to encourage
the most appropriate use of land. The regulations contained in this
Article are intended to and shall be applied uniformly throughout
each district for each class or kind of buildings or other structures
or uses of land.
[Ord. No. 2007-04; amended 7-13-2021 by Ord. No. 2021-013]
a.
Any use
not specifically permitted in a zoning district established herein
shall be and is hereby expressly prohibited from such district.
b.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in Section 3 of P. L. 2021, c.
16,[1] excepting the delivery of cannabis items and related supplies
by a delivery service be and hereby are prohibited in all districts.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[Ord. No. 2007-04; Ord. No. 2010-08; Ord.
No. 2014-01 § 4]
For purposes of this section, the Township of Frankford shall
be and is hereby divided into the following zoning districts:
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AR
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Single Family Residential and Agriculture
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FCC
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Frankford Center Core
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FCNS
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Frankford Center Neighborhood Service
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C-1
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Commercial
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C-2
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General Business
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C-3
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Office Commercial
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CED-1
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Center Enhancement District 1
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CED-2
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Center Enhancement District 2
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CR
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Commercial Recreation
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LI
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Light Industry
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FCED
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Frankford Center Economic Development
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AP
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Agricultural/Park
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RRU
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Rural Reserved Areas/Utility Areas
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FCR
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Frankford Center Recreation
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[Ord. No. 2007-04; Ord. No. 2008-06 § 2; Ord. No. 2010-08 § 4; Ord. No. 2011-07 § 17; Ord. No. 2011-08; Ord.
No. 2011-09; Ord. No. 2014-01 § 5; Ord. No. 2017-01; Ord. No. 2017-05]
The restrictions and controls intended to regulate land use and the construction and use of buildings in each zoning district are set forth below consistent with the Municipal Land Use Law and the Frankford Township Master Plan. The purpose of each Zoning District is established and referenced to the attached Schedules of Limitations which set forth the requirements in the Zoning Districts: Schedule A -Permitted, Conditional and Accessory Uses and Structures; Schedule B - Bulk, Yard Requirements and Floor Ratio; Schedule C - Setback and Height Restrictions for Accessory Structures; Schedule D - Minimum Parking Requirements. Special requirements for specific Zone Districts will follow the purpose statement. (All Schedules are included as attachments to this chapter.)[1]
[Ord. No. 2007-04; Ord. No. 2008-12; Ord.
No. 2011-07 § 8]
The purpose of the Agricultural Residential District is to protect
the rural character and conserve environmentally sensitive land or
critical wildlife habitat, while permitting a harmoniously integrated
residential development.
a.
Traditional Development Option ("TDO").
1.
Permitted Uses: Single-Family Residential.
2.
Gross Density: one housing unit per five acres.
(a)
Minimum lot size: five acres without environmental sensitive
area calculations.
(b)
Lot frontage: 300 feet.
(c)
Front yard setback: 75 feet.
(d)
Side yard setback: 60 feet.
(e)
Rear yard setback: 75 feet.
(f)
Minimum lot depth: 300 feet.
(g)
Minimum contiguous developable land: 20,000 square feet.
(h)
Maximum impervious coverage: 10% of lot area.
(i)
Maximum building height (feet): 35.
(j)
Minimum lot width at setback line: 300 feet.
Example: 100 acre tract of land: 20 housing units.
b.
Environmental Conservation Option ("EPCO").
1.
Permitted Uses: Single-Family Residential.
2.
Gross Density: One unit per five acres as shown on a qualifying map
as defined herein and prepared by the applicant.
(a)
Minimum lot size: two acres, with environmental sensitive areas calculations (see Section 30-616).
(b)
Lot frontage: 225 feet.
(c)
Front yard setback: 75 feet.
(d)
Side yard setback: 40 feet.
(e)
Rear yard setback: 75 feet.
(f)
Minimum lot depth: 250 feet.
(g)
Minimum contiguous developable land: 20,000 square feet.
(h)
Maximum impervious coverage: 10% of lot area.
(i)
Maximum building height (feet): 35.
(j)
Minimum lot width at setback line: 225 feet.
c.
Open Space/Agricultural Preservation Option (Clustering/Lot Averaging)
"Open Space."
1.
Permitted Uses: Single-Family Residential.
2.
Gross Density: One unit per five acres as shown on a qualifying map
as defined herein and prepared by the applicant. Minimum Tract Size
- 40 acres.
(a)
Minimum lot size: 1 1/2 acres and no greater than 2 1/2
acres with an overall average of two acres per lot with environmental
sensitive area calculations.
(b)
Lot frontage: 175 feet.
(c)
Front yard setback: 75 feet.
(d)
Side yard setback: 40 feet.
(e)
Rear yard setback: 75 feet.
(f)
Minimum lot depth: 250 feet.
(g)
Minimum contiguous developable land: 20,000 square feet.
(h)
Maximum impervious coverage: 15% of lot area.
(i)
Maximum building height (feet): 35.
(j)
Minimum lot width at setback line: 175 feet.
(k)
A minimum of 45% of the tract shall be deed restricted as open
space under a homeowners' association or preserved farmland under
the clustering option only. Preserved farmland under the lot averaging
option may have one or two of the permitted dwelling units consisting
of the main and farmland related tenant residences.
(l)
80% of lots must be adjacent to or directly across the street
from open space. None of the open space shall be isolated from or
noncontiguous with the majority open space (clustering option).
(m)
25% of open space land must be nonenvironmentally sensitive
area (clustering option).
(n)
The design must first identify the portions of the tract to
be preserved including open spaces, treed areas, steep slopes, floodplains,
wetlands, and scenic vistas. Residential lots shall be located secondarily
in the consideration of the portions of the tract to be preserved.
(o)
Raised septic systems shall be appropriately tapered and shall
not have any exposed wall enclosures.
d.
See existing nonconforming lots with structures relating to the AR
Zone.
[Ord. No. 2007-04]
The purpose of the AP Zone is to establish an Agriculture/Park
District to promote agriculture and planned recreation facilities.
[Ord. No. 2007-04]
The purpose of the C-1 District is to provide opportunities
for smaller scale retail, business and office uses on smaller existing
lots at the outer core of the proposed Town Center and at other crossroad
locations on Route 206.
[Ord. No. 2007-04]
The purpose of the C-2 District is to provide opportunities
for larger scale planned commercial and office development in the
outer core of the proposed Town Center and at other crossroad locations
on Route 206.
[Ord. No. 2007-04]
The purpose of the C-3 District is to encourage smaller scale
office uses and office parks in a residential character in the outer
core of the proposed Town Center and in areas of transition between
commercial and single family residential.
[Ord. No. 2007-04]
The purpose of the Commercial Recreation Resort District is
to promote planned resort and hotel conference centers in a rural
setting. This district is consistent with the emphasis in the State
Plan to promote tourism and recreation in rural and environmental
planning areas. The physical design shall blend into the natural landscape
to maintain the rural character of the Township.
[Ord. No. 2007-04]
The Light Industrial District provides opportunities for businesses
connected to manufacturing, warehousing, assembly, disassembly, fabrication
or processing of materials and product or information inside the confines
of a building, which do not utilize any hazardous materials as defined
under N.J.A.C.
[Ord. No. 2010-08]
The purpose of the CED-1 District is to provide opportunities
for existing commercial business and office uses on smaller existing
lots at the outer core of the proposed town center and along other
crossroad locations along Route 206 to provide for a myriad of other
uses which will complement, supplement and enhance the activities
taking place in the center. These additional uses shall be of a character
one would normally expect to find located on major County and State
roadways which at that same time also provides the normal customary
and accessory service uses expected by the motoring public as it passes
through the municipality in keeping with the rural character design
standards of Frankford. Equally, many of the retail and service establishments
double as neighborhood commercial areas for adjacent residential areas,
particularly around the lake communities. These uses will also enhance
existing uses in the region which one would not normally find in a
town center. By way of example, businesses specializing in the sale,
repair and restoration of all kinds of motorized vehicles including,
but not limited to, cars, trucks, tractors, off-road vehicles, boats,
motorcycles, snowmobiles along with non-motorized such as boats, bicycles,
snowboards and other similar types of recreational equipment.
[Ord. No. 2010-08]
The purpose of the CED-2 District is to provide opportunities
for moderately sized, commercial, office and light industrial development
in the outer core of the proposed town center and at other crossroad
locations along Route 206 while at the same time permitting any and
all existing uses located in the previous C-2 Zone to continue on
"as of right" as permitted uses except as noted in keeping with the
rural character design standards of Frankford.
[Ord. No. 2014-01 § 9]
The purpose of the Frankford Commercial Center Core (FCC) District
is to provide opportunities for larger scale planned commercial and
office development and mixed uses in the core of the proposed Frankford
Town Center at the crossroads location on Route 206.
a.
Limitations on Intensity and Density of Development and Use. Notwithstanding
any other provision of this or any other ordinance, the total intensity
of development and density of use shall be limited in any applications
and approvals to require no more than the total of 210,394 gallons
per day (gpd) of projected flows of treated wastewater approved as
set forth in the Site Specific Wastewater Management Plan Amendment
(WWMP) for the Frankford Center Sewer Service Area (SSA).
[Ord. No. 2014-01 § 9]
The purpose of the Frankford Center Neighborhood Service Zone
is to provide for smaller scale mixed use and commercial activities
of a more neighborhood character than the Center Core Area, and to
incorporate more residential uses.
a.
Limitations on Intensity and Density of Development and Use. Notwithstanding
any other provision of this or any other ordinance, the total intensity
of development and density of use shall be limited in any applications
and approvals to require no more than the total of 210,394 gallons
per day (gpd) of projected flows of treated wastewater approved as
set forth in the Site Specific Wastewater Management Plan Amendment
(WWMP) for the Frankford Center Sewer Service Area (SSA).
b.
The FCNS allows the uses, accessory uses and conditional uses set forth in Schedule A as adopted by Section 30-1006 and subject to the requirements set forth in Schedules B, C, D, E and F (as adopted by Sections 30-1007, 30-1015, 30-608). In the Frankford Center Neighborhood Services Zone, the building types may include single use buildings and mixed use buildings for retail and offices on the first floor, and apartments or condominiums and multi-family units on upper floors together with standalone uses such as restaurants, hotels, multi-family and condominium buildings. The Frankford Center Neighborhood Service commercial uses, such as grocery stores, are also permitted. Assisted living, nursing homes and continuing care facilities are permitted. Medical services such as doctors' offices, urgent care facilities, laboratories and x-ray facilities are permitted. The Neighborhood Residential uses are incorporated into this area as an option including single family, duplexes, triplexes, townhouses and condominium/multi-family units and live work units. Low income units are also permitted in mixed use areas and buildings and adjacent to the same. Accessory apartments are also a permitted use.
c.
In the Frankford Center Neighborhood Services Zone, applications
for development for the portion of the zone north of the Frankford
Center Commercial Zone along Route 206 may be developed for a Planned
Development of up to 250 residential units including single family,
duplexes, triplexes, quadraplexes, townhouses, live work units or
multi-family units up to the total sewage capacity available for the
application and no greater than the sewage capacity limitation set
forth in a above. The units may be mixed use buildings. At least 20%
of the for sale units shall be affordable units, and at least 15%
of the rental units shall be affordable units.
d.
In the Frankford Center Neighborhood Services Zone, applications
for development for the portion of the zone northeast of the Frankford
Center Commercial Zone along Route 565 may be developed for a Planned
Development of up to 250 residential units including single family,
duplexes, triplexes, quadraplexes, townhouses, live work units or
multi-family units up to the total sewage capacity available for the
application and no greater than the sewage capacity limitation set
forth in a above. The units may be mixed use buildings. At least 20%
for sale units shall be affordable units, and at least 15% of rental
units shall be affordable units.
e.
Prior to approval of such planned developments, the applicant shall
prove and the planning board shall find the following facts and conclusions:
1.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards;
2.
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
3.
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
4.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
and
5.
That the terms and conditions intended to protect the interests
of the public and of the residents, occupants and owners of the proposed
development in the total completion of the development are adequate.
f.
Compliance with Frankford Center Circulation Plan, Safe Streets Principles
and Design Standards. All applications for development in the zone
shall be consistent with the following design requirements and standards:
1.
The streets, walks and bikeways shall be substantially consistent
with the Township of Frankford Circulation Plan Element of the Master
Plan and the safe streets goals, objectives and principles.
2.
The design of the buildings and architecture shall be based
on a consistent theme throughout the center. The design theme shall
be based upon traditional materials and design standards similar to
Frankford Township's rural agricultural history with traditional architectural
features such as residential appearance, pitched roofs, and traditional
exterior materials such as clapboard, and stone, brick and similar
exterior materials.
[Ord. No. 2014-01 § 9]
The purpose of the Frankford Rural Reserved Areas/Utility Areas
Zone is to provide opportunities for open spaces, walkways, pathways,
parks, essential services, and public utilities excluding sewage treatment
plants and discharge fields and water systems and facilities, including
wells, well houses, and water tanks. Water tanks shall use existing
topographic conditions to reduce the height of the tanks. Water tanks
shall be no higher than 75 feet in height.
[Ord. No. 2014-01 § 9]
The purpose of the Frankford Center Economic Development Zone
(FCED) is to provide for light industrial, storage and office uses
in a campus like planned development manner in a portion of the Frankford
Center to encourage economic development uses.
a.
Limitations on Intensity and Density of Development and Use. Notwithstanding
any other provision of this or any other ordinance, the total intensity
of development and density of use shall be limited in any applications
and approvals to require no more than the total of 210,394 gallons
per day (gpd) of projected flows of treated wastewater approved as
set forth in the Site Specific Wastewater Management Plan Amendment
(WWMP) for the Frankford Center Sewer Service Area (SSA).
[Ord. No. 2014-01 § 9]
The purpose of the Frankford Center Recreation Zone (FCR) is
to allow the existing baseball park to continue with its accessory
and subordinate uses.
a.
Limitations on Intensity and Density of Development and Use. Notwithstanding
any other provision of this or any other ordinance, the total intensity
of development and density of use shall be limited in any applications
and approvals to require no more than the total of 210,394 gallons
per day (gpd) of projected flows of treated wastewater approved as
set forth in the Site Specific Wastewater Management Plan Amendment
(WWMP) for the Frankford Center Sewer Service Area (SSA).
[Ord. No. 2007-04; Ord. No. 2008-04 § 3; Ord. No. 2010-08 § 7; Ord. No. 2014-01 § 1]
The boundaries of all zone districts set forth in this section
shall be and are as shown on a map entitled "Zoning Map, Frankford
Township, Sussex County, New Jersey," prepared by Harold E. Pellow
and Associates dated June 27, 2007 as amended through October 15,
2013.[1]
[1]
Editor's Note: The Zoning Map, referred to herein, may be found attached to this chapter as Appendix D.
[Ord. No. 2008-04 § 1; Ord. No. 2010-08 § 7; Ord. No. 2014-01]
a.
The zoning designation of Block 18 of Lot 7 is changed from the C-2,
Commercial Property District to the AP, Agricultural Park District.
b.
The Zone Map of the Township of Frankford is amended as set forth on the attached Zone Map dated April 28, 2010 prepared by Harold Pellow and Associates and Section 30-1004 entitled Zoning Map is updated accordingly.
c.
The Zoning Map is amended with revisions adopted by Ord. No. 2014-01
§ 1, dated October 15, 2013.
[Ord. No. 2007-04]
The zoning district boundary lines shown on the Zoning Map are
intended to coincide with property lines, the centerlines of streets,
easements, railroads or drainage courses as they exist at the time
of the adoption of this Article, or as they are designated on the
Zoning Map by figures or dimensions. In case of uncertainty as to
the location of any zone boundary line, the determination thereof
shall be made by the Land Use Board.
[Ord. No. 2007-04; Ord. No. 2014-01]
The schedule entitled Schedule A,[1] Permitted, Conditional and Accessory Uses and Structures, Township of Frankford, Sussex County, New Jersey, shall be and is hereby made part of this chapter. (See also subsection 30-1003.2)
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
[Ord. No. 2007-04; Ord. No. 2014-01]
The schedule entitled Schedule B,[1] Bulk Yard Requirements and Floor Area Ratio, Township of Frankford, Sussex County, New Jersey, shall be and is hereby made a part of this chapter. (See also subsection 30-1003.2)
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
[Ord. No. 2007-04]
No land or premises shall be used and no building or structure
shall be erected, raised, moved, extended, enlarged, expanded, altered
or used for any purpose other than a purpose expressly permitted herein
for the zone district in which such use is or is to be located, and
all construction shall be in conformity with the regulations provided
for such zone district. Notwithstanding the foregoing, the Township
of Frankford is exempt from all zoning, site plan and subdivision
requirements, but shall file an application for development with the
Land Use Board for review and also comment for any capital project
as provided by the Municipal Land Use Law.
[Ord. No. 2007-04; Ord. No. 2011-07 § 9; Ord. No. 2014-01 § 12]
Any lot or plat as recorded at the time of passage of this chapter
that fails to comply with the minimum requirements of this section
may be used for any use not otherwise prohibited in such district
in which it lies provided that:
a.
Unimproved Nonconforming Lots. (Grandfathered) Notwithstanding any
other provisions of this section, any existing lot as of October 2,
2001 (including any vacant lot in the Agricultural/Residential Zone
(AR) of at least one acre regardless of whether adjoining any other
land owned by that owner of such lot, and which is nonconforming as
to dimensions or area, may be improved with a new building or structure,
in accordance with the use requirements of this section, provided
that the minimum setbacks shall meet the former one acre zoning which
were:
1.
Minimum lot area shall be 43,560 square feet within 200 feet of the
street right-of-way;
2.
Minimum lot width at the minimum building setback line shall be 175
feet measured along a straight line perpendicular to the midline of
such lot.
3.
Minimum lot frontage at the street right-of-way line shall be 150
feet measured along the edge of the right-of-way;
4.
Minimum lot width on a cul-de-sac shall be 70 feet measured, along
a straight line perpendicular to the midline of such cul-de-sac lot;
5.
Minimum lot frontage at the right-of-way line on a cul-de-sac lot
shall be 90 feet measured along the edge of the right-of-way provided
that the radius of such cul-de-sac shall not be greater than 50 feet;
6.
Minimum lot depth shall be 175 feet;
7.
Minimum side yard shall be 40 feet each;
8.
Minimum front yard measured perpendicular from the edge of the street
right-of-way shall be 75 feet;
9.
Minimum rear yard measured perpendicular from the rear lot line shall
be 75 feet.
10.
Minimum lot coverage is 18%.
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These lots do not have to meet the contiguous developable land
or density adjustment factors.
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b.
Improved Nonconforming Lots and Buildings. Where a lot exists, as
of October 2, 2001, improved by a residence but the building is nonconforming
due to bulk or area requirements, then the following standards shall
apply:
1.
The lot may be further improved upon by an addition or improvement
to the residence, provided the addition or improvement:
(a)
Meets existing bulk requirements; or,
(b)
Is within the area of the enclosure by the extension of existing
building facades only as depicted on Schedule G.[1]
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
2.
The existing building cannot be expanded vertically nor can a connection
be made between buildings on the same lot, unless the vertical expansion
or connection otherwise conforms to the bulk requirements.
c.
For any lot zoned residential and improved with a single-family residence
as of October 2, 2001, the following reduced area, yard and bulk requirements
apply and supersede the normal "Schedule of Limitations" of Schedule
B of this chapter. The applicant is required to satisfy the Floor
Area Ratio and maximum impervious coverage limitations.
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Area, Yard and Building Requirements: 7,500 square feet to 20,000
square feet
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Maximum building footprint
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(See FAR)
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Lot width
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50 feet
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Lot depth
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150 feet
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Lot coverage
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15%
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Side yard
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15 feet
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Front yard
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35 feet
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Rear yard
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50 feet
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Area, Yard and Building Requirements: 20,001 square feet to
43,559 square feet
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|---|---|
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Maximum building footprint
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(See FAR)
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Lot width
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100 feet
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Lot depth
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150 feet
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Lot coverage
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15%
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Side yard
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20 feet
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Front yard
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35 feet
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Rear yard
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50 feet
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Maximum building height
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35 feet or 2 stories
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1.
All AR Zone bulk, dimensional and setback requirements and other
constraints shall apply to, all unimproved or improved lots that are
equal to or greater than 43,560 square feet in area; however, any
such improved or unimproved lot existing in the AR Zone as of the
effective date of this paragraph may have a building permit issued
for the construction of a single-family residence thereon or for an
addition to the residence without the necessity of a variance from
any of the requirements created by this paragraph, provided that all
of the following conditions are satisfied:
(a)
As of October 2, 2001, the owner of the lot did not own adjoining
property;
(b)
The lot satisfies the area, width, frontage, depth, and constraint
requirements in existence immediately prior to October 2, 2001; and
(c)
Any proposed structure, addition, or part thereof, does not
violate any front, rear, or side setback requirements in existence
immediately prior to October 2, 2001.
(d)
This subsection shall not be construed to "grandfather" vacant,
unimproved, undersized lots, or to permit the razing of a residence
to gain the benefit of the exceptions contained in this subsection.
d.
Regulation of Nonconforming Structures and Uses. Any nonconforming
use or structure existing at the time of the passage of an ordinance;
making that use or structure nonconforming may be continued upon the
lot or in the structure so occupied and any such structure may be
restored or repaired in the event of partial destruction.
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Nothing in this Article shall prevent the strengthening or restoring
to a safe condition any part of any building or structure declared
unsafe by the Construction Official or other authorized State or Township
Official.
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The prospective purchaser, prospective mortgagee, or any other
person interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existing before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof. Application pursuant hereto may be made
to the administrative officer within one year of the adoption of the
ordinance which rendered the use or structure nonconforming or at
any time to the Land Use Board. The administrative officer shall be
entitled to demand and receive for such certificate issued by him
a reasonable fee. Denial by the administrative officer shall be appealable
to the Land Use Board. Sections 59 through 62 of the act (C.40:55D-72
to C.40:55D-75) shall apply to applications or appeals to the Land
Use Board.
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[Ord. No. 2007-04]
No permit for the erection of any building or structure shall
be issued unless the lot abuts a street giving access to such proposed
building or structure.
[Ord. No. 2007-04]
Unless otherwise expressly provided herein, all yards, open
space and off-street parking shall be contained on the lot and within
the zone district in which the use is located or proposed.
[Ord. No. 2007-04; Ord. No. 2011-07 § 10]
a.
Each newly created residential building lot shall have a contiguous
developable land area of at least 20,000 square feet which shall not
include within it any surface or stormwater management facility which
must be appropriately situate for the location and construction of
a detached single-family dwelling and accessory structures. However,
the septic system or potable well water serving the lot need not be
located within the contiguous developable land area but may not be
located closer than 50 feet to any boundary line.
b.
No lot, yard, parking area or other space shall be so reduced in
area or dimension as to make such area or dimension less than the
minimum required under this section. If already less than the minimum
required under this section, such area or dimension shall not be further
reduced.
c.
Whenever provision for additional street width is sought and obtained
by the Township of Frankford, County of Sussex or State of New Jersey
for present or future road improvement by purchase, donation, dedication,
condemnation or other legal means, the required minimum lot area of
an existing lot shall be reduced by the same area to be conveyed to
the Township, County or State.
[Ord. No. 2007-04]
a.
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Total building floor area
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Residential FAR
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=
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——————————
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Total lot area
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and is the maximum buildable area on a lot as calculated on
the attached residential Floor Area Chart annexed as Schedule E (FAR
Residential Graph).[1]
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[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
b.
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Total building floor area
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Nonresidential FAR
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=
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——————————
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Total lot area
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and is the maximum building area on a lot as set forth in the
revised ordinance as Schedule B.
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[Ord. No. 2007-04]
Only one principal building may be erected on a lot except for
related buildings forming one principal use in the same ownership,
and limited to the following:
a.
Public or institutional building complexes.
b.
Research, light industrial, office or retail shopping complexes,
or complexes involving mixed office and retail use.
c.
Multi-family dwelling complexes.
d.
Principal buildings owned by and as part of a club, community association
or similar organization.
e.
Buildings and uses in a planned development.
f.
Combined uses and buildings in the CR Commercial Recreation Districts.
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No principal building shall be located closer to another principal
building than the height of the taller building.
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All principal buildings in all districts shall be clearly identified
as to street number by means of a small, unobstructed sign clearly
visible and legible from the main building abutting the street and
otherwise in compliance with the 911 regulations.
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[Ord. No. 2007-04; Ord. No. 2008-06 § 2; Ord. No. 2011-07 § 11; Ord. No. 2014-01 § 7; Ord. No. 2018-11 §§ 1, 2]
Except as may be otherwise provided in this section, buildings
and structures which are accessory to a principal use or building
are permitted in all zones and as provided herein. Any such accessory
building or structure must be customarily incidental and subordinate
to the principal use of the land or building, located on the same
lot containing the principal use and building(s), and comply with
the requirements of Schedule C. To the extent that the particular
standards of this section depart from those contained in Schedule
C, the standards of this section shall prevail and control.[1]
a.
Accessory Buildings in All Districts. No accessory building shall
be located closer than 10 feet to any other building.
1.
No accessory building shall be located closer to a right-of-way line
than the principal building. An accessory structure located on a corner
lot shall also be set back from the side street to comply with the
setback line applying to the principal structure for that side street.
Gazebos may be located closer to a right-of-way line than the principal
structure on the same lot, provided that the gazebo is not disproportionate
to the size of the lot or principal structure located on the lot,
and provided that a front yard setback equal to the prescribed side
yard setback for the corresponding zone is maintained for the gazebo.
2.
Unless otherwise provided in Schedule C, an accessory building located
in a side or rear yard shall not lie closer to the property line than
10 feet.
3.
No accessory building shall occupy more than 25% of the rear yard
area.
4.
There shall not be more than three accessory buildings on a lot,
except on a farm and excepting a gazebo not disproportionate to the
size of the lot or the principal building and provided a front yard
setback equal to the prescribed side yard setback for the corresponding
zone is maintained.
5.
Excepting stone walls, trellises, arbors, planters and similar structures
commonly associated with landscaping and gardens, and excepting a
driveway and up to three accessory buildings as regulated in this
subsection, there shall be not more than three accessory structures
on any lot except on a farm.
6.
Accessory Buildings as Part of Principal Buildings. Any structure
or part of a structure attached to a principal building shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.
7.
Accessory Buildings Not to Be Constructed Prior to Principal Buildings.
Notwithstanding any other provisions of this chapter, no building
permit shall be issued for the construction of an accessory building
prior to the issuance of a building permit for the construction of
the main building upon the same premises. If construction of the main
building does not precede or coincide with the construction of the
accessory building, the Building Inspector shall revoke the building
permit for the accessory building until construction of the main building
has proceeded substantially toward completion.
8.
Location. An accessory building may be constructed only in side or
rear yards.
9.
Arch, hoop or clamshell storage structures are permitted as an accessory
structure subject to all of the other standards applicable to accessory
structures per applicable Township of Frankford ordinances. Said structures
may be constructed of metal or wood materials, durable plastic or
tightly woven fabric that stands strong against the elements, and
resists tearing and leaking. Said structures shall remain and be maintained
in good sound condition. Said structures must be enclosed on all sides
and on the roof. There shall be only one arch, hoop or clamshell storage
structure per lot, which shall be located in the rear yard only. The
total size of said structures shall not exceed 800 square feet.
[Amended 10-18-2019 by Ord. No. 2019-18]
10.
Distance From Adjacent Buildings. The minimum distance of any portion
of the accessory building from an adjacent building on the same lot
shall be 10 feet.
11.
Height, Area and Number of Accessory Buildings. An accessory building
or buildings may not occupy more than 25% of a required rear yard
or a maximum of 1,260 square feet, collectively, whichever is less.
There may be up to three accessory buildings, but no individual accessory
building may exceed 900 square feet. Agricultural and horticultural
buildings, which qualify under the Farmland Assessment Act, shall
be excluded from these limitations, but the latter buildings shall
adhere to the yard setback requirements for a principal building.
b.
Additional Requirements for Accessory Buildings in Residential Districts.
1.
A single accessory building for residential storage purposes may
be placed on a lot provided it meets Schedule C[2] requirements and is not larger than 150 square feet or
15 feet in height. Such structure shall be deemed a principal structure
but becomes accessory upon construction of a residence.
[2]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
2.
A gazebo may be placed on a lot provided it meets Schedule C requirements
and is not more than 150 square feet and 15 feet in height.
3.
An accessory building or buildings in the residential zone may not
occupy more than 25% of the required rear area or a maximum of 1,260
square feet, collectively, whichever is less. No individual accessory
building may exceed 900 square feet. Agricultural and horticultural
buildings, which qualify under the Farmland Assessment Act, shall
be excluded from these limitations, but the latter buildings shall
adhere to the yard setback requirements for a principal building.
4.
Private residential parking is permitted in any yard if either (1)
meets 50% of the front yard setback distance or a minimum of 10 feet
in the side or rear yard, or (2) is in a residential neighborhood
where garages are located in the front/side yard area due to topographic
and other conditions as measured in accordance with the zone setback
requirements or otherwise meets the off-street parking requirements.
c.
Elder Cottage Housing Opportunity (ECHO).[3]
1.
ECHO units shall be permitted as an accessory use in all residential
districts. Each unit shall consist of a single-dwelling unit not to
exceed 750 square feet in interior living area, on a single level,
constructed so as to be readily removable, and located upon the same
lot as the principal residence.
2.
ECHO units shall be excluded from accessory structure limitations
under the Land Use Ordinance, Section 1015, in that ECHO units are
additional permitted accessory structures.
3.
ECHO units may be erected only upon lots on which a single-family
residence is already located. Only one ECHO unit shall be permitted
per lot, and it shall contain a bathroom, kitchen, living and sleeping
areas. There shall not be more than two bedrooms. Such units shall
meet the requirements and code provisions of the local municipality,
Sussex County, and State of New Jersey including those of local health
officers, fire officials and other officials.
4.
An ECHO unit shall be permitted only upon approval by the Land Use
Board upon application by the owner of the property upon which the
principal residence associated with the ECHO unit is located. Application
and approval for an ECHO unit shall be considered a minor site plan
subject to the review and approval of the Land Use Board.
5.
The approval for the construction and maintenance of any ECHO unit
shall be renewable annually. The owner of the primary dwelling shall
file an annual letter with the Zoning Officer certifying the continuing
compliance by the permittee with the conditions of the original permit
issuance.
6.
An ECHO unit shall be occupied by no more than two people, and occupancy
shall be by elderly or adult handicapped person(s) (as such terms
are defined in the "ECHO" definition), at least one of whom shall
be related by blood or marriage to the owner of the principal residence
upon the lot.
7.
No ECHO unit shall be permitted to be erected upon any lot unless
the lot area shall be at least one acre. The ECHO unit shall be placed
within the rear yard and not within the area of the front and side
yards. An ECHO unit shall be considered to be an accessory use to
an existing residential structure and use. However, the ECHO unit
shall meet the side yard and rear yard requirements of the principal
structure, and shall conform to all provisions of the Land Development
Ordinance establishing minimum side and rear yard setback requirements
for principal structures for the zone district in which the lot is
located. If requested by the applicant, the Land Use Board may grant
a waiver to permit a unit in the side yard if it can be shown that
the placement of the unit will have no negative impact upon adjacent
properties.
8.
The ECHO unit shall be positioned on the lot in such a way as to
minimize its visibility from other nearby and abutting lots. Additional
buffering may be required by the Township Land Use Board to meet this
criterion. The ECHO unit shall be located on masonry block or wooden
piers with adequate tie downs, or on a concrete slab. When the ECHO
unit is removed, the property on which the ECHO unit is placed must
be restored to the condition it was in before the ECHO unit was placed.
9.
Each ECHO unit shall be provided with adequate water supply and sewage
disposal arrangements, which shall be by means of interconnections
with the facilities of the principal residence, as approved by the
Code Enforcement Official and Health Officer, and shall be erected
upon a foundation which meets applicable construction codes while
allowing complete removal when the need for the unit ends. The existing
system may be expended if necessary, but a separate system shall not
be created for the unit. The approval by the Health Code Officer of
all water and sewage disposal arrangements shall be required prior
to approval or denial of an application.
10.
Any action and any application for approval of an ECHO unit shall
include, at a minimum, a sketch plat, which shall be to scale, showing
a location of all existing or proposed buildings, structures, drives,
walkways and the layout of all utility services, including proposed
water and sewer connections, plus landscaping and screening if such
are contemplated. A building elevation showing the nature and design
of the unit to be constructed or placed upon the property shall accompany
the site plan. The site plan shall be reviewed by the Land Use Board
and its advisors. The site plan sketch shall be of sufficient details
and shall be submitted in sufficient numbers of copies to adequately
inform the Land Use Board concerning the proposal.
11.
In the event of the death or permanent change of address of the occupant(s)
of the ECHO unit, the owner of the primary dwelling shall give written
notice to the Zoning Officer within 30 days of the change. An ECHO
unit shall be removed from the premises within 120 days from the death
of the dependent occupant for whom permitted, unless the remaining
occupant (if any there be) and the resident in the principal dwelling
specifically request from the Land Use Board a continuation of the
permit. An ECHO unit shall also be removed within 90 days from the
permanent change of residence of the said occupant or occupants. The
site shall be restored such that no visible evidence of the unit remains.
12.
Upon approval a deed restriction shall be filed against the property
which deed shall contain all the ECHO restrictions in this paragraph.
The Township Committee shall give a quitclaim deed of release of the
conditions once the ECHO unit has been removed and the property restored.
[3]
Editor's Note: Ord. No. 2008-06 added paragraph c.
d.
Accessory Buildings in Nonresidential Districts. Accessory buildings
in non-residential districts shall meet all the requirements applicable
to principal buildings, unless otherwise provided in Schedule C.[4]
[4]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter. Schedule C is adopted by subsection 30-1003.2.
[Ord. No. 2007-04; Ord. No. 2011-07 § 9; Ord. No. 2014-01 § 11]
Every lot must provide front, rear and side yards as required
for its respective district. All front yards must face a dedicated
public street or an improved private street approved by the Land Use
Board.
No open space provided around any principal building for the
purposes of complying with the front, side, rear or other yard provision
of this chapter shall be considered as providing open space for meeting
the same requirements for another principal structure. Only one building
and its accessory building shall be erected on one lot unless otherwise
provided.
Structures permitted within the required open space on nonconforming
lots. Balconies, roof eaves, uncovered decks, fireplaces and chimneys
attached to residences may project into required open spaces, provided
the structure does not exceed 360 square feet in total area, is not
enclosed and does not extend any closer than 10 feet to any lot line
and is not closer than 20 feet to any adjoining structure. Decks on
conforming lots shall not be restricted as to this size limitation
of 360 square feet.
[Ord. No. 2007-04]
Where a lot is situated between two lots, each of which is developed
with a principal building which has a nonconforming front yard setback,
the minimum front yard setback requirement for such lot may be the
average of the front yards supplied with respect to the existing nonconforming
buildings where the pattern of existing buildings within 100 feet
on either side of the lot on the same side of the street is established
at a closer distance.
Where a lot adjoins one lot developed as described above and
a vacant lot, the minimum front yard setback requirement for such
lot may be the average of the nonconforming front yard setback of
the developed lot and the required front yard setback for the zone.
Where in any given block there exists a prevailing uniformity
in the alignment and setback of existing buildings in which the front
yard setbacks are greater or less than required, then, in that event,
any new building in such block shall conform with such established
alignment and setback.
[Ord. No. 2007-04]
Where a lot is bounded by more than one street and is a corner
lot as defined in this chapter, the front yard setback requirements
for the zone shall be satisfied with respect to each abutting street.
In an application for an approval or a permit concerning any such
lot, the owner shall declare and the Board or Zoning Officer shall
approve the front of the lot, which shall be consistent with the direction
the building faces. The yard opposite the front of the lot shall be
considered the rear yard for purposes of this section and establishment
of the minimum rear yard requirement.
[Ord. No. 2007-04]
Chimneys, spires, steeples, belfries, water towers, cupolas
and similar architectural features and ornaments shall be exempt from
the building height restrictions contained in Schedule B[1] provided they are normally appurtenant to a building and
proportionate in size. Mechanical equipment such as HVAC equipment
and other roof-mounted and appurtenant equipment and spaces such as
elevator elements shall also be exempt provided they are adequately
and appropriately screened. Stealth technology shall be used where
feasible.
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
[Ord. No. 2007-04; Ord. No. 2011-07 § 12]
a.
No commercial vehicles in excess of 8,000 pounds of net body weight
unloaded shall be permitted to park between the hours of 8:00 p.m.
and 7:00 a.m. in residential areas or zones except making delivery
or performing services at the residence.
b.
The parking of travel trailers and camper trailers is permitted but
not on a permanent basis and shall not be located in the front yard.
c.
No disabled or unregistered vehicles shall be stored in any district
except in an enclosed building.
[Ord. No. 2007-04]
a.
In any district on any corner lot, no fence, wall, sign, structure,
continuous screen planting or other obstruction to vision shall be
erected or maintained above 30 inches in height as measured from the
top of the curb or gutter within 25 feet of any intersection of street
lines as measured along the street line except in the case of corner
lots.
b.
On any interior lot in any residence district, no wall or fence shall
be erected or altered so that said wall or fence shall be over six
feet in height, except as required for yards with swimming pools.
The requirements of subsection b above do not apply to the commercial or industrial districts or to properties primarily engaged in agricultural, horticultural or dairying functions. In those districts, fences shall be permitted to be up to nine feet in height with an additional one foot allowance permitting up to three strands of barbed wire for a total height of 10 feet.
[Ord. No. 2007-04]
All private swimming pools shall be located only in a rear yard,
except that where a lot is a corner lot, a lot otherwise abutting
more than one street, or a lot without a rear yard. A private swimming
pool may be located in a yard other than a front yard provided that
the pool and its appurtenances, including a fence or other encloser,
is screened by densely planted evergreen vegetation, having a height
of not less than the fence or enclosure, along its visible length
as revealed to any street. All private swimming pools shall comply
with the regulations of the Uniform Construction Code with respect,
but not limited to, safety enclosures, together with the requirements
of Schedule C.[1]
The pool shall occupy no more than 25% of the rear yard area
or a maximum of 800 square feet as measured along the surface of the
water, whichever is smaller.
No edge of any pool shall be closer to any lot line than 25
feet.
The pool may be lighted by underwater or exterior lights or
both, provided all exterior lights are located so that the lights
are neither directly nor reflected upon adjacent properties in such
a manner as to be a nuisance or an annoyance to neighboring properties.
The pool shall be completely surrounded by fencing in accordance
with the Uniform Construction Code.
No public amplifying system shall be used with a private swimming
pool.
See public swimming pools under conditional uses.
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
[Ord. No. 2007-04; Ord. No. 2010-08; Ord.
No. 2013-10]
a.
Permit Required. Any owner or operator of an existing business or
any bona fide charity or nonprofit organization including houses of
worship and clubs, located on nonresidential property shall be permitted,
in addition to any other signs permitted under this chapter, upon
issuance of a permit, to erect an additional temporary sign or banner.
No more then one temporary sign will be allowed per site regardless
of single or multiple tenants.
1.
Permit Procedure. The owner or applicant with owners' written consent
shall submit a sketch of the proposed location and design of the sign
and banner showing its dimensions to the Zoning Officer. All temporary
sign applications must be accompanied by the fee.
2.
Registration. All signs must be registered between January 1 and
January 31 of each year, with the exception of a new business which
shall comply with paragraph I below. The permit which shall be affixed
to the sign or banner will state the sixty-day period(s) authorized.
b.
Maintenance. All signs/banners including supports, braces, hooks,
anchors, and similar fastening devices shall be of substantial and
sturdy construction, shall be kept in good repair and shall be painted
or cleaned as often as necessary to maintain a clean, neat, safe and
orderly appearance. If the Zoning Officer or his designee determines
that any sign/banner has fallen into a state of disrepair, has become
dilapidated, or constitutes a safety hazard, the sign owner and property
owner shall be given written notice to correct the condition within
seven days.
c.
Size. The maximum area of any temporary sign or banner shall be 16
square feet.
d.
Location and Placement. No sign shall be closer than five feet from
any right-of-way and shall not interfere with sight distance.
Signs or banners that receive prior approvals may be displayed
over a roadway.
e.
Illumination. No temporary sign/banner shall be illuminated.
f.
Real Estate Sales. A development with four or more final subdivision
lots for sale, or industrial or commercial properties may be advertised
on one sign no more than 16 square feet. If the development fronts
on more than one street, then a maximum of two such signs may be placed,
one sign along each frontage. All development signs shall be removed
when 95% of the lots have been sold or the development is 95% completed.
The sign must be removed after an industrial or commercial site is
sold within 10 days.
g.
Special Event Signs. Up to two special event signs/banners may be
erected for a maximum of two weeks before the event and removed within
two days following the conclusion of the event. The special events
must be determined by the Township Committee.
h.
Community Event Signs. For community events, such as "trick-tray"
parties or church dinners, which are not special events, any bona
fide charity or nonprofit group including houses of worship may erect
up to two community event signs.
i.
Grand Openings. A newly established business shall be permitted to
erect, in addition to all other permitted signs, additional temporary
signs, banners, and pennants indicating a grand opening of the business,
subject to the following conditions.
1.
Additional temporary signs/banners and pennants shall not interfere
with the sight distances of vehicles or persons entering or exiting
the property or building.
2.
Additional temporary signs, banners or pennants shall be permitted
for a maximum of three weeks.
3.
If at any time the Zoning Officer or his designee finds a hazard
exists as a result of additional grand opening temporary signs, the
sign, banner or pennant shall be removed immediately.
4.
Temporary signs/banners and pennants for grand openings shall be
erected or placed only upon application and receipt of a permit pursuant
to this section.
j.
Professional occupations may have one unlighted sign not to exceed
four square feet in area and shall be attached to the front of the
building.
k.
Churches and public buildings may have an announcement board not
to exceed 12 square feet in area.
l.
All signs not attached to the buildings shall be at least 10 feet
from the street line.
m.
Street and 911 designation signs are permitted and do not constitute
part of the total sign area.
n.
Public utilities may have one sign lighted or unlighted, not to exceed
eight square feet and shall be attached to the building.
o.
Commercial uses shall be permitted one lighted or unlighted sign,
freestanding or attached to the building and not exceeding 24 square
feet in the C-1 and CED-1 Zones and 48 square feet in the C-2 and
CED-2 Zones, with the latter having a twenty-five-foot front yard
setback.
p.
The maximum height for any freestanding sign shall be six feet as
measured from the finished grade excluding any bermed areas.
q.
No part of a sign attached to a building shall project above the
roof line.
r.
If multiple tenants occupy a single building, one additional sign
per tenant is permitted attached to the building. The maximum area
of a tenant sign is nine square feet and the maximum height of the
sign shall not exceed two feet.
s.
In the Light Industrial Zone, one building or property identification
sign per property which may be lighted or unlighted, freestanding
or attached. The maximum area for a light industrial sign is 48 square
feet with a twenty-five-foot front yard setback and six feet in height
measured from the finished grade. No sign attached to a building shall
project above the roofline. When multiple tenants occupy a single
building, one additional sign per tenant is permitted, attached to
the building, with a maximum area of nine square feet and a height
not to exceed two feet.
[Ord. No. 2007-04; Ord. No. 2011-07 § 13; Ord. No. 2013-10]
a.
No billboard shall be erected without a zoning permit and building
permit. Billboards, where permitted, shall be constructed in accordance
with the State Uniform Construction Code and shall be set back from
the established right-of-way line of any street or highway at least
as far as required for principal uses in the zoning district of this
chapter.
b.
No sign of any type shall be permitted to obstruct driving vision,
traffic signals, traffic direction and identification signs, and places
of business.
c.
Illuminated Signs. Where permitted, shall be so arranged as to reflect
the light glare away from adjoining premises in any residential district
and away from all adjoining highways. Illuminated signs shall comply
with the State Uniform Construction Code.
d.
Flashing Signs. In no case shall a flashing or revolving light similar
to those used for emergency vehicles or traffic signals be permitted
in any district.
e.
Maintenance. Signs must be constructed in accordance with the State
Uniform Construction Code and be of durable materials, maintained
in good condition and not allowed to become dilapidated.
f.
Height and Area. Billboards shall not exceed 250 square feet in total
sign area as defined in paragraph i. Billboards shall be erected no
higher than 25 feet at the highest point.
g.
Real Estate Signs. Real estate signs advertising the sale, rental
or lease of the premises or portion thereof shall be, if not attached
to the building, set back at least 10 feet from all street lines.
Such signs shall not exceed four square feet on each side. See other
restrictions for temporary real estate signs.
h.
Removal. Removal of signs shall be at the expense of the advertiser
and within 30 days after the termination or completion of the matter
of business or activity being advertised.
i.
Signs and sign structures of all types shall be set back or elevated
sufficiently to allow a clear, unobstructed line of sight from the
stop line of intersecting streets or streets and driveways for at
least 600 feet along all abutting streets and highways.
j.
Signs with Two Exposures. Signs with two exposures shall be measured
for area by using the surface area of one side of the sign only. Both
sides may be used.
k.
Sign Area. Area shall be measured around the edges of a framed or
enclosed sign or by the area utilized by isolated words including
the space between letters and the space within those letters having
openings.
l.
Area of farm sign shall not exceed 12 square feet as measured within
the perimeter of the entire display area of one side of such sign.
m.
Home occupations and home professional offices may have one unlighted
sign not to exceed four square feet in area and shall be attached
to the front of the building.
n.
Churches and public buildings may have an announcement board not
to exceed 12 square feet in area.
o.
All signs not attached to the buildings shall be at least 10 feet
from the street line.
p.
Street and 911 designation signs are permitted and do not constitute
part of the total sign area.
q.
Public utilities may have one sign lighted or unlighted, not to exceed
eight square feet and shall be attached to the building.
r.
Commercial uses shall be permitted one lighted or unlighted sign,
freestanding or attached to the building and not exceeding 24 square
feet in the C-1 and CED-1 Zones and 48 square feet in the C-2 and
CED-2 Zones, with the latter having a twenty-five-foot front yard
setback.
s.
The maximum height for any freestanding sign shall be six feet as
measured from the finished grade excluding any bermed areas.
t.
No part of a sign attached to a building shall project above the
roof line.
u.
If multiple tenants occupy a single building, one additional sign
per tenant is permitted attached to the building. The maximum area
of a tenant sign is nine square feet and the maximum height of the
sign shall not exceed two feet.
v.
In the Light Industrial Zone, one building or property identification
sign per property which may be lighted or unlighted, freestanding
or attached. The maximum area for a light industrial sign is 48 square
feet with a twenty-five-foot front yard setback and six feet in height
measured from the finished grade. No sign attached to a building shall
project above the roofline. When multiple tenants occupy a single
building, one additional sign per tenant is permitted, attached to
the building, with a maximum area of nine square feet and a height
not to exceed two feet.
w.
In the Frankford Center Core Zone, Frankford Center Economic Development
Zone, Frankford Center Neighborhood Core and Frankford Center Recreation
Zone, a maximum of three lighted or unlighted signs or sign types,
in combination, may be permitted per building.
[Added 7-9-2019 by Ord.
No. 2019-12]
1.
Permitted sign types include the following:
(a)
Freestanding signs with a maximum area of 48 square feet with
a twenty-five-foot front yard setback and twelve-foot height.
(b)
Attached signs with a maximum area of nine square feet and a
height not to exceed two feet. No sign attached to a building shall
project above the roofline. Signs advertising a commercial use are
prohibited above the first floor of any building where residential
uses exist on the second floor.
(c)
Directory signs with a maximum area of two square feet per tenant
not to exceed 20 square feet in total.
2.
Two directional signs per ingress or egress and two directional signs
per drive-through lane are permitted per building with a maximum area
of two square feet per sign, a maximum height of three feet and a
five-foot front yard setback. Directional signs shall not count toward
the total number of signs permitted.
3.
When multiple tenants occupy a single building, one additional sign
per tenant is permitted, attached to the building, with a maximum
area of nine square feet and a height not to exceed two feet. When
more than one business is proposed on any one building, all proposed
signage shall be uniform in size and materials.
[Ord. No. 2008-12]
The primary purpose of a small wind energy system, as defined in Section 30-201, will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this section, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.
[Ord. No. 2008-12]
Small wind energy systems shall only be permitted as an accessory
use on the same lot as the principal use. All energy systems require
approval from the Zoning Officer and Construction Officer prior to
installation. Applications for an energy system shall include information
demonstrating compliance with the provisions of this section. In the
event that the Zoning Officer or Construction Officer does not believe
the provisions of this section will be satisfied, an applicant may
request a variance.
[Ord. No. 2008-12; Ord. No. 2011-07 § 14]
All applications and checklist (Appendix A-1 entitled "Wind
Energy System Application Checklist") for small wind energy systems
shall be presented to the Minor Site Plan Subcommittee of the Frankford
Township Land Use Board for site plan approval.
[Ord. No. 2008-12]
a.
Wind turbines shall be designed with an automatic brake or other
similar device to prevent over-speeding and excessive pressure on
the tower structure.
b.
Wind energy systems shall not be artificially lighted, except to
the extent required by the FAA or other applicable authority.
c.
All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access.
d.
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 eight feet above the ground.
e.
All moving parts of the small wind energy system shall be a minimum
of 10 feet above ground level.
f.
The blades on the small wind energy system shall be constructed of
a corrosive resistant material.
g.
All guy wires or any part of the wind energy system shall be located
on the same lot as the energy system.
h.
All equipment, sheds and tower bases shall be enclosed with a security
chain link or wood fence of at least seven feet in height, but no
higher than eight feet unless otherwise approved by the Township Engineer.
All fences shall include a locking security gate.
i.
The connection between the wind energy system and the building, electrical
grid or street shall be underground.
[Ord. No. 2011-07 § 14; Ord. No. 2008-12; Ord.
No. 2009-4; Ord. No. 2011-07 § 14]
Wind turbines are permitted in the AR Zone subject to the following
requirements:
a.
Minimum lot size 10 acres.
b.
Minimum Setbacks. All wind turbines shall be set back from all property
lines a distance equal to 100% of the height of the structure plus
10 feet, including the blades.
c.
Wind turbines shall not be permitted in any front yards, unless in
the opinion of the Site Plan Subcommittee of the Land Use Board the
front yard is the most suitable place, based upon topographic conditions.
d.
Maximum Height. Freestanding wind turbines shall not exceed a height
of 120 feet, plus blades but in no event higher than 145 feet. The
maximum height shall include the height of the blades at its highest
point. If a height variance is granted, any approved tower must be
monopole construction.
e.
No more than one wind turbine shall be permitted on any parcel of
property.
f.
Wind turbines shall not be allowed as rooftop installations.
g.
Wind turbines on properties shall have a nameplate capacity (maximum
ability to generate energy) of 20 kilowatts or less. If a kilowatt
variance is granted, then the approved tower must be of monopole construction.
h.
Towers for the wind turbines shall be no larger than 13 feet by 13
feet measured from center to center (and not exterior dimension) of
the tower and the tower base shall be staked for the Board Engineer's
review.
[Ord. No. 2008-12]
All wind energy systems shall comply with the following:
a.
Between a residential use or zone, sound levels of the wind energy
system shall not exceed a 55 dBA at a common property line and 50
dBA to the closest occupied structure.
b.
In all other cases at a common property line sound levels of the
wind energy system shall not exceed 65 dBA.
c.
These levels may be exceeded during short-term events such as utility
outages and/or severe windstorms, for a maximum of four hours.
[Ord. No. 2008-12]
It is important to preserve the scenic beauty of the Township's
ridgelines as commonly understood, with the understanding that the
ridgeline may be optimum site location. With that understanding, the
Site Plan Subcommittee of the Land Use Board shall make the final
selection as to the location of the wind turbines taking into consideration
ridgelines, scenic vistas, the size of the turbine proposed, the location
of the residence on the property, nearby residences and other pertinent
factors.
[Ord. No. 2008-12]
a.
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
b.
The zoning office may issue a "Notice of Abandonment" to the owner.
The notice shall be sent via regular mail and certified mail return
receipt requested to the owner of record.
c.
Any abandoned system shall be removed at the owner's sole expense
within six months after the owner receives the "Notice of Abandonment"
from the municipality. If the system is not removed within six months
of receipt of notice from the Township notifying the owner of such
abandonment, the Township may remove the system as set forth below.
d.
When an owner of a wind energy system has been notified to remove
same and has not done so six months after receiving said notice, then
the Township may remove such system and place a lien upon the property
for the cost of the removal. If removed by owner, a demolition permit
shall be obtained and the facility shall be removed. Upon removal,
the site shall be cleaned, restored, and revegetated to blend with
the existing surrounding vegetation at the time of abandonment.
[Ord. No. 2008-12]
Notice of hearings for consideration of the application of small
wind energy systems by the Land Use Board shall be given in accordance
with N.J.S.A. 40:55D-10.
[Ord. No. 2008-12]
Fees and escrows shall be in accordance with Section 30-807.
[Ord. No. 2008-12]
(Reserved)
[Ord. No. 2007-04]
Nothing in this section shall be construed as prohibiting public
utility distribution facilities, such as but not limited to, water
distribution lines, sanitary sewers and telephone and electric distribution
lines together with related attendant facilities intended for local
service, which utility systems are conditionally permitted in all
zone districts when approved by the appropriate servicing utility
agency and the Land Use Board pursuant to this chapter. The developer
shall provide a restoration guarantee in an amount representing 120%
of the projected cost of restoring all areas to be disturbed.
[Ord. No. 2007-04]
Pursuant to C. 40:55D-67, certain conditional uses shall be
and are hereby recognized in certain districts notwithstanding the
fact that such uses may be permitted or prohibited in certain other
districts. Such uses shall be granted according to the following respective
specifications and standards.
[Ord. No. 2007-04]
Submission and approval of a complete application for site plan
approval, and performance of any terms and conditions thereof.
Satisfaction of all zoning requirements for the respective district
contained in Schedules A and B unless the use is more particularly
regulated pursuant to this section, in which event the more particular
regulation(s) shall control.
Satisfaction of all design standards pursuant to Article 6 and
7 et seq. with respect to site plans and subdivisions unless the use
is more particularly regulated pursuant to this section, in which
event the more particular regulation(s) shall control.
Satisfaction of all pertinent requirements of this section unless such requirement(s) are supplemented by one or more particular conditions under subsection 30-1027.2 of this section.
[Ord. No. 2008-11; Ord. No. 2010-08; Ord.
No. 2011-07 § 15; Ord.
No. 2011-09 § 1; Ord.
No. 2014-01 § 10]
a.
Automobile Service Station in the C-1, CED-1, and CED-2 Districts.
1.
No such facility shall be located closer than 1,000 feet to any other
such facility.
2.
Gasoline pumps and other apparatus shall be so located as to permit
safe and convenient traffic circulation. Every gasoline or oil tank,
pump or other device, appliance or apparatus shall be located at least
25 feet from the street right-of-way line, at least 50 feet from a
residential zone boundary and at least 25 feet from any property line.
3.
No such facility shall be located within 500 feet of any school,
place of worship, hospital, library, park, playground, or other governmental
or public facility or building.
4.
No such facility shall be located within 200 feet of a residence
nor within 100 feet of a residential district.
5.
At least 25% of the lot shall be devoted to vegetative cover.
6.
Each such facility and site shall be screened from adjoining lots.
7.
Paving and curbing requirements: Pavement improvements shall be in accordance with Article VI. Curbs shall be granite block.
8.
Driveway width: 24 feet to 36 feet.
9.
Minimum distance between driveway openings: 50 feet.
10.
Minimum distance of facility driveway(s) from driveways on adjacent
properties: 20 feet.
11.
Curb radius: 20 feet to 35 feet.
12.
No unregistered or disabled vehicles and no parts or tire equipment
shall be stored outside, and all vehicle repairs shall be routinely
normally accomplished inside a building.
13.
All storage tanks shall be installed below ground and otherwise
in accordance with all prevailing laws, regulations and standards
pertaining thereto.
14.
Minimum lot size: 20,000 square feet.
15.
Minimum lot width: 150 feet.
16.
Minimum front yard setback: 50 feet (to principal building).
17.
Minimum side yard setback: 50 feet.
18.
Minimum rear yard setback: 50 feet.
19.
Maximum building height: 30 feet.
20.
Maximum building coverage: 35%.
21.
Maximum lot coverage: 75%.
b.
Bed-and-Breakfast Inns. Bed-and-breakfast inns shall be conditional
uses in all zones, provided that the following minimum requirements
are met:
1.
Minimum Lot Area. No bed-and-breakfast inn shall be conducted on
a lot which fails to meet the minimum lot size for the zoning district
in which it is located.
2.
Minimum Number of Off-Street Parking Spaces. The minimum number of
off-street parking spaces shall be two for the permanent residents
of the dwelling, plus one additional space for each room licensed
for use by transients.
3.
There shall be no visible indication of the use from the road or
adjacent properties, with the exception of a sign not to exceed six
square feet in size.
4.
The principal use of the premises shall be that of a single-family
residence. The operation of a bed-and-breakfast inn by the permanent
residents of the premises is considered an accessory or subordinate
use permitted only through issuance of a conditional use permit.
5.
Each application shall be accompanied by a certification from the
Board of Health that the current septic system and water supply are
adequate for the proposed use as a bed and breakfast inn, and by a
certification from the Construction Code Official that the building
complies with New Jersey Building Code Regulations for bed-and-breakfast
inns.
6.
No more than five rooms shall be used as guest rooms for bed-and-breakfast
transients, nor shall more than 12 persons be registered as guests
of the bed-and-breakfast inn at any one time. No addition to any licensed
bed-and-breakfast inn shall be permitted without prior site plan approval
by the Land Use Board.
7.
No premises shall commence to be used as a bed-and-breakfast inn
until after the issuance of a conditional use permit and site plan
review or waiver by the Board.
8.
No smoking or cooking shall be permitted in any guest room.
9.
No food shall be sold to the general public and no meals other than
breakfast shall be provided to registered guests.
10.
Registered guests shall not remain on the premises for more
than 30 consecutive days or more than 30 days of a period of 60 successive
days.
c.
Boarding Stable in the AR District.
1.
Each such stable facility shall be part of and associated with a
horse farm.
2.
Minimum lot size: six acres.
3.
Minimum lot width: 150 feet.
4.
Minimum front yard setback: 75 feet.
5.
Minimum side yard setback: 50 feet.
6.
Minimum rear yard setback: 50 feet.
7.
Maximum building height: 40 feet.
8.
Maximum building coverage: 35%.
9.
Maximum lot coverage: 50%.
d.
Community Residences for the Developmentally Disabled or Persons
with Head Injuries, Community Shelters for Victims of Domestic Violence
and Community Residences for the Terminally Ill Housing More Than
15 Persons Excluding Resident Staff.
1.
Minimum lot area, 40,000 square feet plus 10,000 square feet for
every occupant over 15 residing on the premises.
2.
Side and rear yard requirements shall be as specified in the applicable
zone.
3.
No community residence or community shelter shall be located less
than 1,500 feet from any other such residence or shelter.
4.
The building shall meet all Fire Code requirements including installation
of a fire alarm system which shall be connected with the Frankford
Township Fire Department.
5.
Before a certificate of occupancy is issued, the Land Use Board shall
review and approve a site plan.
6.
The maximum impervious surface requirement of the zone in which such
use is located shall be adhered to.
7.
The proposed use shall maintain a residential appearance and shall
be substantially similar to the existing surrounding residential development.
8.
Off-street parking shall be required and located in accordance with
the requirements of this subsection on the basis of one additional
off-street parking space for each two persons, excluding resident
staff.
e.
Demolition Derbys. The following specific conditions shall be satisfied
with respect to the use of a property as a demolition derby:
1.
A valid license shall be obtained from the Township Committee for
the operation of the demolition derby prior to the use of any property
for a demolition derby.
2.
In addition to the buffer requirements established as general conditions
for all conditional uses in this zone, the following specific buffer
requirement shall be satisfied with respect to the use of the property
for demolition derbys. A buffer of 150 feet in all directions shall
exist between the exhibition area on which the derby is conducted.
3.
A containment and collection system for oil, gas and other motor
vehicle fluids shall be provided in a nature and type approved by
the Land Use Board.
4.
Fire prevention and fire control measures shall be certified by the
Fire Marshal to be acceptable and in compliance with all applicable
safety codes.
f.
Garage (Repair) in the C-1, CED-1 and LI Zones.
1.
No such facility shall be located closer than 1,000 feet to any other
such facility.
2.
Gasoline pumps and other apparatus shall be so located as to permit
safe and convenient traffic circulation. Every gasoline or oil tank,
pump or other device, appliance or apparatus shall be located at least
25 feet from the street right-of-way line, at least 50 feet from a
residential zone boundary and at least 25 feet from any property line.
3.
No such facility shall be located within 500 feet of any school,
place of worship, hospital, library, park, playground, or other governmental
or public facility or building.
4.
No such facility shall be located within 200 feet of a residence
nor within 100 feet of a residential district.
5.
At least 25% of the lot shall be devoted to vegetative cover.
6.
Each such facility and site shall be screened by dense evergreens.
7.
Special paving and curbing requirements: Per Figure 4.3 of N.J.A.C.
Title 5, Chapter 21.
8.
Driveway width: 24 feet to 36 feet.
9.
Minimum distance between driveway openings: 50 feet.
10.
Minimum distance of facility driveway(s) from driveways on adjacent
properties: 20 feet.
11.
Curb radius: 20 feet to 35 feet.
No unregistered or disabled vehicles and no parts or equipment
shall be stored outside, and all vehicle repairs shall be accomplished
inside a building.
(a)
All storage tanks shall be installed below ground and otherwise
in accordance with all prevailing laws, regulations and standards
pertaining thereto.
(b)
Minimum lot size: 30,000 square feet.
(c)
Minimum lot width: 125 feet.
(d)
Minimum front yard setback: 50 feet.
(e)
Minimum side yard setback: 50 feet to building.
(f)
Minimum rear yard setback: 40 feet.
(g)
Maximum building height: 30 feet.
(h)
Maximum building coverage: 35%.
(i)
Maximum lot coverage: 75%.
g.
Golf Course Conditional Use. The purpose of this subsection is to
develop larger tracts in a comprehensive fashion to protect the valuable,
sometimes environmentally sensitive areas of the Township by conditionally
permitting golf courses on tracts that might otherwise be subject
to more intensive uses.
1.
Definitions. For purposes of this section, the following terms shall
apply.
(a)
REGULATION COURSE – Shall mean a golf course and clubhouse,
containing 18 holes with at least three different tees to accommodate
different levels of play. The course must be a minimum of 6,000 yards
long from the middle tees and play to a minimum par of 70, as submitted
by the Golf Course Architect or rated by the U.S. Golf Association.
The length of the course may be reduced to 5,800 yards, upon reasonable
showing so long as a minimum area of 150 acres is maintained.
(b)
EXECUTIVE COURSE – Shall mean a golf course and clubhouse,
containing 18 holes of golf with at least two different tees to accommodate
different levels of play. The course must be a minimum of 3,000 yards
long from the nearest tee and play to a minimum par of 58.
(c)
PAR-3 COURSE – Shall mean a golf course containing 18
holes of golf with at least two different tees to accommodate different
levels of play. The course must be a minimum of 2,000 yards long from
the nearest tee and play to a minimum par of 58. Typical holes shall
range from between 75 and 240 yards.
(d)
PITCH AND PUTT COURSE – Shall mean a golf course containing
nine or more par 3 holes. The course must be a minimum of 500 yards
from the nearest tee to the green.
2.
Bulk Requirements. The following requirements shall be applicable
to golf course conditional uses.
(a)
Minimum lot area.
|
Regulation Course
|
150 acres
|
|
Executive Course
|
100 acres
|
|
Par-3 Course
|
45 acres
|
|
Pitch and Putt
|
5 acres
|
(b)
Minimum distance to property lines. All tees, greens, cartpaths,
and fairways shall have a minimum setback of 25 feet from any property
line, unless a hardship is proven and it is demonstrated that the
structure can safely be placed at a different proposed location with
sufficient buffering, then the twenty-five-foot minimum setback can
be waived down to 15 feet. All buildings shall be set back a minimum
of 75 feet from any property line.
(c)
Lot frontage. Each lot shall have a minimum lot width at the
street of 100 feet.
(d)
Maximum impervious coverage. The maximum lot coverage by impervious
surfaces shall be 10%.
(e)
Height. The height requirements of the zones shall govern.
(f)
Lighting. All lighting shall be constructed so that all light
is directed downward and ambient light shall be contained on the tract.
3.
Accessory Uses. The following accessory uses to a golf course use
are permitted:
(a)
Clubhouse, including, but not limited to, a restaurant, grill,
snack bar, banquet facility, conference rooms, locker room and bar.
(b)
Putting greens.
(c)
Pro-shop.
(d)
Parking lot.
(e)
Driving range.
(f)
Maintenance and storage facilities, areas and buildings.
(g)
Family amusement center provided it does not exceed 25% of the
clubhouse building area, which need not be located within the Clubhouse
and may include party rooms, ice cream and snacks and games. The floor
space devoted to game use shall not exceed 20% of the total floor
area of the family amusement center.
(h)
Training facility including classrooms.
(i)
Miniature golf.
(j)
Swimming pool.
(k)
Tennis courts.
(l)
Batting cages.
4.
Residential Uses Prohibited. Residential uses are prohibited as part
of a golf course if located within the minimum lot area set forth
in paragraph 2 of this subsection, except that a residence can be
permitted if used as housing for the golf course's greenskeeper or
golf course employee and their family.
5.
Parking Requirements. There shall be sufficient off-street parking
spaces as per specific use as prescribed below.
(a)
Golf course. A minimum of three parking spaces per hole and
one loading zone.
(b)
Pro-shop area. A minimum of one space per 200 square feet.
(c)
Clubhouse. A minimum of one space per every three seats not
including conference or banquet rooms or snack bar for which parking
shall be covered by the overall parking for the golf course.
(d)
Multiple golf course uses. If there are combined uses then the
Land Use Board may allow less than the fully required parking spaces
if it can be demonstrated through shared parking difference in the
peak uses and similar methods that the proposed parking is safe and
adequate.
6.
Performance Standards. The following shall apply to all golf courses.
As these standards and their required submissions are very technical,
the Board and the Township and their professionals reserve the right
to retain additional professionals for the limited purpose of reviewing
these submissions, at the applicant's expense. The applicant, by submitting
a golf course application, consents to this procedure.
(a)
Integrated Pest and Turf Management (IPTM). The applicant shall
provide a IPTM program and provide details concerning the management
of turf and pest species including the type of seed mixes proposed,
the use of endophytes rich and drought resistance grasses, the type
and use of fertilizers, anticipated fate of fertilizers, the method
of monitoring the need and use of pesticides and fungicides, emphasizing
the integration of surveillance, mechanical, preventative and biological
techniques. A list of pests most frequently encountered in golf course
turf and a selection of proposed treatment techniques shall be submitted.
The possible use of fertigation must be addressed.
(b)
Groundwater monitoring program. The applicant shall submit a
groundwater monitoring plan, including, at a minimum, an annual sampling
of outfall from at least three greens. Upon establishment of the course,
sampling shall occur for three consecutive years. If there are satisfactory
results, then the sampling will occur every five years thereafter.
At any time an unsatisfactory result is received, three years of consecutive
satisfactory sampling shall be required. If there is a surface stream
outfall from the predevelopment tests, annual summertime post-development
tests will be required. The plan shall include a program schedule,
showing sampling locations and timetables, and a parameter list, showing
the elements the applicant is proposing to sample for. The initial
groundwater report and annual tests will be submitted to the Township
Engineer or, at the Township Engineer's request, any other professional
agency with expertise in this field, whose review costs will be paid
for by the applicant.
(c)
Irrigation system design. The applicant will provide details
on the type of irrigation system (if any) that is proposed. This requirement
shall be satisfied only upon and be a condition of any application
for final approval. Irrigation details shall include the number, types
and spacing, of sprinkler heads, gallons per minute and pressure at
which the system will operate, and any method, including weather monitoring,
which will be used to determine the need and timing for irrigation.
The applicant shall submit details showing the method used to determine
evapotranspiration, rainfall, wind and its influence and impact upon
the irrigation system. The possibility of irrigation using reclaimed
water and fertigation should be explored.
(d)
Wildlife management plan. The applicant shall provide a wildlife
management plan for the facility which shall include a map of the
different forest stages on the site, a listing of rare, endangered
and threatened species habitating near or on the site, with information
provided by the New Jersey Natural Heritage Program Database, a list
of the common species found on the site, details showing how spawning,
breeding, nesting, resting, and feeding habitats will be, both pre-
and post-development for resident and migratory wildlife, and details
of all proposed habitat enhancing activities such as bird boxes, nesting
areas, feeding stations and plantings proposed.
(e)
Phasing. The applicant may elect, upon preliminary site plan application, to submit a phased plan, which must include an overall viable concept plan. Any first phase may include any golf course as defined under Section 30-1027.2g1 or may include only any accessory use under Section 30-1027.2g3 excluding, however, accessory uses (g), (j), (k) and (1). The accessory uses (g), (j), (k) and (1) may only be approved in conjunction with final approval of a regulation or executive golf course.
7.
Preliminary Site Plan Required. The applicant shall submit the following
details for a golf course. Any proposed buildings, parking areas,
drainage structures, accessory structures or uses shall conform to
the Frankford Township Site Plan Review Ordinance. The applicant may
choose to apply for the golf course-separately from the clubhouse
or other accessory uses so as to speed up the initial start of site
clearing due to the time it takes to establish turf and the essential
agricultural aspect of this development. Nothing in this section or
in other sections, shall prohibit the Land Use Board from requesting
additional information which it deems necessary to make an informed
decision upon an application. The following details shall be, at minimum,
required as part of a golf course application.
(a)
A survey of the entire tract, prepared and sealed by a New Jersey
licensed surveyor, with the portion to be occupied by the golf course
and any accessory uses clearly delineated.
(b)
Existing topography of the site shown at least two-foot contours,
showing the golf course part of the project along with any accessory
uses, and the natural features of the site such as tree lines, stone
walls, open fields an existing structures.
(c)
Delineations of any wetlands on the property shall be shown
with a surveyed wetland line and approval shall be subject to the
confirmation of the line by a Letter of Interpretation from DEP. If
applicable, applicant can satisfy this submission requirement with
a Letter of Absence of Wetlands.
(d)
A conceptual layout of the golf course, prepared by a professional
golf course architect who qualifies as an expert by the Board based
upon experience and training shall be submitted. Details on the layout
plan shall include proposed buildings, parking areas, cartpaths, greens,
tees, hazards, fairways, and the location of any accessory uses.
(e)
Plans showing the location and extent of any clearing on the
site; clearly flagged in the field for the purposes of inspection
by Township Officials.
(f)
A Soil Conservation Plan meeting the requirements of the Sussex
County Soil Conservation District.
(g)
An Environmental Impact Statement meeting the requirements of Section 30-1027.2g6 and any other applicable Frankford Township Ordinance.
8.
Final Site Plan Approval. A final site plan shall be submitted in
conformance with the requirements of the Frankford Township Site Plan
Review Ordinances.
h.
Home Occupations. Home occupations subject to the following conditions:
1.
No more than two persons not residing in the building shall be employed
on the premises.
2.
The residential character of the premises shall remain substantially
unchanged.
3.
The building shall continue to serve as the principal residence of
the home practitioner.
4.
Not more than 40% of the total floor area of the building may be
used for the home occupation.
5.
All of the bulk requirements for the AR Zone pursuant to the Schedule
of Limitations shall be satisfied.[1]
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
6.
Indoor storage of material shall consist only of office supplies.
7.
The home occupation operates no equipment that creates noise, vibration,
glare, fumes, odors or electronic interference including interference
with telephone, radio or television reception detectable by neighboring
residents.
8.
The use does not require any increased or enhanced electrical or
water supply.
9.
The quantity and type of solid waste disposal is the same as other
residential uses in the AR Zone.
10.
Delivery trucks shall be limited to the US Postal Service, United
Parcel Service, Federal Express and other delivery services providing
regular service to residential uses in the AR Zone.
11.
All vehicular traffic to and from the home occupation shall
be limited in volume, type and frequency to what is normally associated
with other residential uses in the AR Zone.
i.
Home Professional Offices. Home Professional Offices subject to the
following conditions:
1.
No more than two persons not residing in the building shall be employed
on the premises.
2.
The residential character of the premises shall remain substantially
unchanged.
3.
The building shall continue to serve as the principal residence of
the professional practitioner or business person.
4.
Not more than 40% of the total inhabitable floor area of the building
may be used for the professional office.
5.
Off-street parking shall be provided as follows:
(a)
One space per 200 square feet of office area, plus two spaces
for the resident family, not counting garage spaces.
6.
All of the bulk requirements for the AR Zone pursuant to the Schedule
of Limitations shall be satisfied.[2]
The home professional office operates no equipment that creates
noise, vibration, glare, fumes, odors or electronic interference including
interference with telephone, radio or television reception detectable
by neighboring residents. No permanent residency shall be allowed
within a campground facility.
[2]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
j.
Hotels in the CR Districts.
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as follows: one space per room;
plus one space for every 200 square feet of all other areas.
3.
All parking facilities shall be located at least 10 feet from a street
or property line.
4.
Minimum lot size: three acres.
5.
Minimum lot width: 125 feet.
6.
Minimum front yard setback: as per district requirements.
7.
Minimum side yard setback: as per district requirements.
8.
Minimum rear yard setback: as per district requirements.
9.
Maximum building height: 75 feet or 25% of design setback, whichever
is less.
10.
Maximum building coverage: 35%.
11.
Maximum lot coverage: 75%.
k.
Institutional Uses in Any District.
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as per the requirements for
such uses contained in this chapter.
3.
All parking facilities shall be located at least 10 feet from a street
or lot line.
4.
The architectural design of the facility shall be in accord with
the prevailing character of the neighborhood and district, and shall
be complementary to historical or other desirable examples of local
architecture.
5.
All bulk requirements for the respective zone pursuant to Schedule
B[3] shall be satisfied.
[3]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
l.
Miscellaneous Agricultural/Residential Conditional Uses:
1.
The following uses shall be conditional uses, within the Agricultural/Residential
Zone:
(a)
Athletic events limited to races, walkathons, or other competitions
that do not involve the use of vehicles powered by anything other
than human muscle power.
(b)
Group camping for limited periods, as limited and defined below.
(c)
Craft and hobby shows or exhibits.
(d)
Motor vehicle and recreational vehicle shows.
(e)
Demolition derbies (See subsection 30-1027.2e).
2.
The following conditions shall apply to all conditional uses listed in subsection l above:
(a)
The property on which the use occurs shall consist of no less
than 100 contiguous acres and shall have frontage on Plains Road and/or
such other road specifically found by the Land Use Board to be suitable
and appropriate for ingress to and egress from the uses proposed.
(b)
No more than 8,000 attendees shall be permitted on the property
at any one point in time. For purposes of this subsection, attendees
shall include all persons on the property, including, but not limited
to compensated workers, volunteers, guests and visitors.
(c)
No more than 4,000 motor vehicles shall be permitted on the
property at any one point in time. For purposes of this subsection,
motor vehicles shall include, but not be limited to cars, trucks,
R.V.'s, motorcycles, and all terrain vehicles.
(d)
A minimum buffer of 100 feet in width shall be maintained around
the entire perimeter of the property between all uses on the property
(including parking) and all adjacent properties.
(e)
No less than one on-site parking space shall be provided for
every two attendees as that term is defined above. All parking spaces
must be located on the premises.
(f)
Prior to the commencement of any use, the following conditions
shall be satisfied:
(1)
An adequate potable water supply shall be provided
in a manner approved by the Board of Health.
(2)
An adequate sanitary facility shall be provided
at all times in a manner approved by the Board of Health.
(3)
Adequate receptacles and facilities for the proper
pickup and disposal of all garbage, refuse and other solid wastes
shall be provided.
(g)
All outside lighting shall be installed so that beams are directed
so as not to cause glare in adjoining buildings or properties or on
public streets or roads.
(h)
There shall be no emission which can cause any damage to health,
or property of any type or which can cause soiling of sedimentation.
(i)
There shall be no operational noise measured from any point
on the property line of the property which shall be either continuous,
or so loud, raucous or cacophonous as to be offensive to other persons
in the neighborhood.
(j)
There shall be no emission of odorous gases or other matter
as to be offensive at any property line of the property.
3.
The following conditional uses shall satisfy the following, specific conditions for each use, in addition to satisfying the general conditions listed in Section 30-1027.1.
(a)
Campgrounds.
(1)
The property owner must comply with all regulations
of the Campground Code promulgated by the State of New Jersey.
(2)
Campground occupancy shall be consistent with State
regulations.
(3)
[a]
All bare light sources shall be shielded from direct
view. Moving or flashing illumination is not permitted. Advertising
signs or devices are not permitted.
[b]
Location. No tent, R.V., trailer or other overnight
facility shall be less than 100 feet from any public right-of-way
or from the property line. No campsite shall be located less than
50 feet from the bank of any stream or within 50 feet of any shore
line or any area subject to periodic inundation from surface or subsurface
water.
[c]
Sewage disposal. An acceptable method of disposal
for all sewage, in accordance with all State and local health requirements
must be established prior to actual use.
[d]
Rules to be filed. All rules and regulations governing
the use of the property for group camping proposed to be established
by the owner shall be submitted to and approved by the Land Use Board.
Once approved by the Land Use Board no changes shall be made without
Land Use Board approval.
[e]
Statement of operator. The owner or operator of
the property used for group camping shall file with the Township Clerk
a statement giving the name, address and telephone number of the person
principally responsible for the operation of the campground, to whom
any complaints for violations of this or any other ordinance of the
Township can be referred to for correction. The owner or operator
shall immediately notify the Township Clerk of any change in the name,
address or telephone number of said responsible person.
(4)
[4]This use shall be limited to the periods of April 1 to
October 31 of each year.
[4]
Editor's Note: Former Subsection l3(a)(4), which prohibited
campfires and outdoor fires of any type, was repealed 2-9-2021 by
Ord. No. 2021-002. This ordinance also provided for the redesignation
of former Subsection l3(a)(5) and (6) as Subsection l3(a)4) and (5).
(5)
Outdoor storage of materials or equipment shall
be prohibited except where the same is appropriate or necessary to
the safety and/or reasonable function of the facility.
(b)
Hobby or craft shows or exhibits.
(1)
No exhibit, demonstration, or display structure
shall be located, or performed less than 100 feet from a public right-of-way
or property line.
(2)
Outdoor storage or display of materials for the
primary purpose of retail or wholesale sales is prohibited, although
sales of items incidental to the exhibits or shows is permitted.
m.
Places of Worship. Places of worship shall be permitted in all districts
in accordance with the following requirements.
1.
Such use shall be subject to site plan review and approval.
2.
Lot Area: Minimum lot area shall be five acres.
3.
Frontage: Minimum street frontage shall be 200 feet.
4.
Front Yard: Minimum front yard depth shall be 100 feet.
5.
Side Yards: Minimum side yards shall be 50 feet.
6.
Rear Yard: Minimum rear yard depth shall be 100 feet.
7.
Parking. All parking shall be located in the rear or side yards and
a minimum of 25 feet from any property line and shall be screened
from view from adjacent properties.
8.
Residences for clergy shall be permitted on the same lot as the place
of worship and shall meet all bulk requirements of the zone where
located.
n.
Public swimming pools or private club pools intended for open use
of thee public or to club members shall adhere to the following standards:
1.
The pools shall be located within a lot area of a minimum of five
acres within such area may also be located clubhouses, open space,
terraces, recreational uses, cabanas, etc. Where the pool is located
in a tract in excess of five acres in area on which other recreational
facilities are provided, a specific allocation of the five acre area
does not have to be provided.
2.
The pool shall occupy no more than 8% of the lot area. The area shall
include total water surface including separate wading pools, swimming
tanks, and diving tanks.
3.
No edge of any pool or separate swimming tank shall be closer to
any property line than 150 feet.
4.
The pool shall be enclosed with a fence or, in lieu thereof, located
on a terrace, or landscaped, or surrounded by structures or any combination
of the above or similar techniques in order to control access to the
immediate pool area.
5.
The pool shall be lighted both internally and externally but in no
case shall any light be directed in a direct or indirect fashion upon
any adjacent property. All freestanding standards used for exterior
lighting shall not exceed 25 feet in height and shall be no closer
than 25 feet to the edge of any pool. All lighting shall be in compliance
with the applicable State Uniform Construction Code.
6.
All pools shall be constructed below the surface of the ground except
that nothing shall prohibit pool areas from being terraced on side
hill locations.
7.
All pools shall be landscaped to effectively screen the view of the
pool from neighboring properties.
8.
All loudspeakers or public address systems shall be located or in
the immediate area of the pool and be directed so that said speakers
are not directly aimed at any adjacent residential buildings.
9.
One off-street parking space shall be provided for every 30 square
feet of water surface. Such parking facilities may be included with
other parking areas associated with clubhouses, other recreational
uses and similar uses as part of a total site plan.
o.
Pools included as a part of the overall development of an apartment
use whether open to the public or used as a private facility for the
residents or guests, shall adhere to the following standards:
1.
Pools shall be located in the side or rear yards only and within
an area no less than 4,000 square feet that is devoted to the use
of the pool.
2.
The total area of the surface of the water including separate wading
pools, swimming tanks and diving tanks shall be no more than 40% of
the land area devoted to the use of the pool.
3.
No edge of any pool or separate swimming tank shall be closer to
any building or property line than 20 feet.
4.
The total land devoted to the use of the pool shall be enclosed with
a fence no less than eight feet in height nor more than 10 feet in
height.
5.
The pool shall be lighted both internally and externally but in no
case shall any light be directed in a direct or indirect fashion upon
any apartment use or adjacent property. All lighting shall be in compliance
with the applicable State Uniform Construction Code.
6.
All pools shall be constructed below the surface of the ground and
outside.
7.
If any portion of the pool, part of the land devoted to the use of
the pool, light standard or loudspeakers are located closer than 40
feet to any residential building located outside this property, adequate
dense buffers of trees and shrubs shall be provided.
|
All pools referred to above shall have all the areas surrounding
the pool made and kept neat and attractive so as to be in conformity
with surrounding property, and no rubbish, debris or litter shall
be permitted to remain or accumulate in or about the pool.
|
p.
Recreational Facility (Commercial) in the CR District.
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as follows: 1 space per 200
feet of building common area, plus 1 space per room, plus 1 space
per acre, plus 1 space per 30 square feet of pavement or deck, plus
0.8 space for each exercise station.
3.
All parking facilities shall be located at least 10 feet from a street
or property line.
4.
Minimum lot size: as per district requirements.
5.
Minimum lot width: 250 feet.
6.
Minimum front yard setback: 100 feet.
7.
Minimum side yard setback: 100 feet.
8.
Minimum rear yard setback: 100 feet.
9.
Maximum building height: 75 feet or 25% of design setback, whichever
is less.
10.
Maximum building coverage: 15%.
11.
Maximum lot coverage: 30%.
q.
Restaurants. Conditional in all nonresidential zones:
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as follows: 1 space for every
3 seats, plus 1 space per every bar seat.
3.
All parking facilities shall be located at least 10 feet from a street
or property line.
4.
Minimum lot size: five acres.
5.
Minimum lot width: 150 feet.
6.
Minimum front yard setback: 50 feet.
7.
Minimum rear yard setback: 50 feet.
8.
Maximum building height: 35 feet.
9.
Maximum building coverage: 35%.
10.
Maximum lot coverage: 75%.
r.
Shopping Center in the C-2 and CED-2 Zones.
1.
The proposed site shall abut an arterial or collector street.
2.
Off-street parking shall be provided as follows: 1 space per 120
square feet of gross building area.
3.
All parking facilities shall be located at least 10 feet from a street
or property line.
4.
Minimum lot size: five acres.
5.
Minimum lot width: 200 feet.
6.
Minimum front yard setback: 75 feet.
7.
Minimum side yard setback: 50 feet.
8.
Minimum rear yard setback: 75 feet.
9.
Maximum building height: 35 feet.
10.
Maximum building coverage: 35%.
11.
Maximum lot coverage: 75%.
s.
Wireless Telecommunications Towers, Equipment and Facilities Conditional
Use Requirements. The Township of Frankford has recognized the need
to permit cellular/wireless telecommunications equipment and facilities
in appropriate locations in the Township.
The intent of this subsection is to allow these facilities and
towers as conditional uses in all commercial and light industrial
zones. The conditions applicable to telecommunications providers are
designed to encourage co-location or the placement of antenna on existing
municipally owned utility structures, existing commercial or industrial
sites, at new locations or lastly, multiple towers at lower heights
provided stealth technology is employed. Telecommunications providers
are specifically prohibited from constructing towers or placing telecommunications
antennas within residential areas except on existing municipal buildings
and structures locations with municipal permission and from constructing
isolated, multiple-user, taller towers, in random locations throughout
the Township, which will thereby create a negative visual impact.
All of the following sections are conditions of this conditional use:
1.
Location Criteria.
(a)
Location priorities. Locations are enumerated below in the order
of the location priority:
(1)
In or upon existing municipally owned buildings
and structures wherever located which need not be concealed nor have
height restrictions and not exceeding the zone height restriction
or the existing municipal structure by 10% or 10 feet, whichever is
less or completely concealed in existing lawful structures in nonresidential
zones, or within or upon existing structures in the Commercial and
Light Industrial Zones providing stealth technology is used and structures
are within the zone height limitations.
(2)
Constructing new towers or replacing existing towers
in nonresidential zones.
(b)
Stealth technology must be used in all nonmunicipal installations
and monopoles (freestanding) for all new towers to reduce visual impact.
(c)
Point-to-point microwave antennas on the mast of towers are
prohibited and landlines must be used.
(d)
Certain residential areas and uses are to be protected from
the actual or perceived adverse impacts of wireless telecommunications
towers, antennas and facilities.
(e)
To minimize the height and visual negative impact of towers
throughout the community, owners and users of towers, antennas and
related facilities are required to construct and configure these structures
in such a way as to minimize the perceived adverse visual impact of
towers and antennas through careful design, siting, landscape screening,
and innovative stealth camouflage techniques.
2.
Telecommunications towers, equipment and facilities are permitted
conditional uses, subject to the following conditions.
(a)
Zoning. Municipal telecommunications towers and antennas as
described below are permitted in all zones so long as constructed
on municipal buildings and structures, while all other telecommunications
towers and antennas are limited to commercial and light industrial
zones.
(b)
Site location analysis. Every application for a telecommunications
tower or antennae shall include a site location alternative analysis,
including an analysis of the location priorities set forth in paragraph
1 of this subsection, describing the locations of other sites considered,
the availability of those sites, the extent to which other sites do
or do not meet the provider's service or engineering needs and the
reason why the subject site was chosen. The analysis shall address
the following issues:
(1)
How the proposed location of the wireless telecommunication
tower or antenna relates to the objective of providing full wireless
communication services within the Frankford area at the time full
service is provided by the applicant and by other providers of wireless
telecommunications services within the Frankford area.
(2)
How the proposed location of the wireless telecommunications
tower/facility relates to the location of any existing antennas or
towers within or near the Frankford area.
(3)
How the proposed location of the wireless telecommunications
tower/facility relates to the anticipated need for additional antennas
or towers within and near the Frankford area by the applicant, and
by other providers of wireless telecommunications services within
the Frankford area.
(4)
How the proposed location of the wireless telecommunications
tower/facility relates to the objective and goal of maintaining concealed
or reduced tower height with groups of towers within close proximity
to one another rather than isolated, taller towers with many users
at greater tower heights at random locations throughout the Township.
(c)
Existing structures.
(1)
Nonmunicipal structures.
(i)
Towers or antennas meeting the zone requirements are permitted
in all commercial and light industrial zones provided they are concealed
in existing lawful structures or constructed as stealth tower structures
as defined elsewhere in this subsection, while meeting the height
limitation requirements of the zone.
(ii)
Existing lawful antennas on existing towers may be replaced
or modified provided that:
[a]
Application is made pursuant to N.J.S.A. 40:55D-68 for a certificate
certifying a lawful nonconforming antenna and tower exists; or lawful
antennas are acknowledged or approved as part of a variance application
granted after the year 2000, thereby exempting the applicant for the
need for §68 certification;
[b]
The replacement or modification is for the antenna and its mount
only and not any part of the tower;
[c]
The antenna being replaced or modified is of the same or smaller
dimensions as the existing antenna;
[d]
If stealth in nature, the new antenna also meets the stealth
requirements;
[e]
The applicant has the written consent of the owner for such
a change and notifies the Zoning Officer of the specifics by way of
a letter and catalogue cut sheet of the proposed antenna at least
twenty (20) days before the intended change; provided, however, that
in the event an existing antenna fails or malfunctions and needs immediate
replacement or modification, the antenna may be immediately replaced
or modified as long as the applicant provides a letter and catalogue
cut sheet to the Zoning Officer of the specifications of the replacement
antenna within twenty (20) days after the replacement or modification
is made. The Zoning Officer may require additional documentation or
clarification as to the size, use or function of the antenna. The
new antenna user, i.e. telecommunications company, shall be denoted
and the exact location of the change shall be noted on an existing
approved site plan.
[f]
Provided the required documentation is presented to the Zoning
Officer, he shall refer it to the Site Plan Waiver Committee for approval
upon which the Zoning Officer shall issue a zoning permit exempting
the applicant from use variance and/or site plan approval. Any subsequent
tower application requiring either use variance or site plan shall
include all updated information as to the total number of antennas
and their specific usage.
[g]
If site plan waiver is denied, the applicant may appeal to the
Land Use Board for a determination or alternatively file for site
plan or other relief.
(2)
Municipal Structures. Municipal Structures. Existing, municipally-owned
buildings and structures, such as water tanks, and municipally-owned
towers located in any zone may be used for the installation of antennas
to service the wireless telecommunications industry, provided a license
or lease authorizing such antenna or tower has been approved by the
Township of Frankford. However, the Township may, as a condition of
such lease, require site plan approval. The decision to extend such
licenses or leases to an applicant shall be vested solely with Frankford
Township which shall not be governed by this Ordinance. The Township
of Frankford in its absolute discretion reserves the express right
to deny all uses of its property for antenna or towers.
(3)
Towers or antennas may also be located on power transmission line
systems such as pylons provided they satisfy the stealth requirements
and either (a) meet the zone height limitations or (b) do not exceed
the structure height by the lesser of ten (10%) percent or ten (10)
feet.
(d)
New wireless freestanding telecommunications towers, equipment
and facilities. For towers which do not satisfy criteria of paragraphs
(c)(1), (2) or (3) above,
(1)
Lot size. 10 acre minimum (except for municipal property which has
no minimum area requirement).
(2)
Maximum tower height. For towers not meeting the requirements of
paragraph (c)(1) above, one hundred (100) feet or twenty-five (25)
feet above the mean tree canopy, whichever is less. Mean tree canopy
shall be derived from marking all trees twelve (12) inches in diameter
or greater measured four and one-half (4.5) feet above grade within
a two (2) acre area surrounding the tower site. The height of the
trees shall be calculated by a professional licensed surveyor in the
State of New Jersey. Absence of a suitable stand of trees for concealment
renders the site unacceptable. No tower shall have a height or location
which would require Federal Aviation Administration lighting. Lightning
rods are excluded from tower or antenna height calculations.
(3)
Setback distances. For safety reasons concerning
tower fall zones and further to insure that appropriate setbacks exist,
a telecommunications tower, supports, anchoring and related facilities
must be set back 300 feet as measured from the base footprint of the
tower or facility to any structure, lot line or parking lot, or similar
area where people congregate at any given time. For example, a tower
must be set back at least 300 feet as measured from its base from
any adjacent lot, sports field or ball field, playground, parking
lot, picnic area, building, home, etc.
(4)
Tower locations shall comply with any buffering
required for lots adjacent to residential zones or uses.
(5)
Visual compatibility requirements and construction
details for the installation of wireless telecommunications towers.
Monopole tower construction shall be used in all new tower construction.
Additionally, applicants are required to use the latest stealth or
camouflaging techniques to make the tower appear to be a tree of native
species and to blend in with surrounding trees. All towers shall be
fitted with anti-climbing devices.
(6)
Equipment storage. No equipment, mobile or immobile,
not used in direct support of the transmission or relay facility,
shall be stored or parked on the site unless repairs to the facility
are being made.
(e)
Telecommunications tower permitted accessory structures or uses.
(1)
Accessory Equipment
Sheds.
[a]
Maximum height: 15 feet.
[b]
Maximum area: 1,500 square feet.
[c]
Fencing. All equipment sheds shall be located immediately
adjacent to the tower it services. All equipment sheds and tower bases
shall be enclosed with a security chain link or wood fence of at least
seven feet in height, but no higher than eight feet topped with three
strands of barbed wire unless otherwise approved by the Township Engineer.
All fences shall include a locking security gate and a copy of the
key to this gate shall be supplied to the Township.
(f)
General conditions applying to all towers and antennas.
(1)
Noise levels. All noise generated by a tower and/or
the equipment shed shall meet the minimum standards contained in all
State, Federal or local noise regulations.
(2)
Co-location conditions
and limitations. Any new tower or reconstructed tower approvals shall
allow the future co-location as set forth in this section. Co-location
by two or more telecommunications providers is encouraged on one tower
provided that by co-locating, all conditions of this subsection are
satisfied.
[a]
In the event a proposed tower for an existing or
future co-location cannot be constructed within the permitted height
limitations, then such co-location is prohibited and instead, an alternate
site or method shall be used but if unavailable, then a second tower
to comply with the height limitations shall be constructed. Notwithstanding
the foregoing, a maximum of two towers per lot is permitted.
[b]
No tower may be designed or built to co-locate
with another telecommunications provider at a height greater than
the maximum permitted by this subsection.
[c]
In the event any co-location is proposed, a letter
of commitment shall be filed by the applicant to lease excess space
on the tower or any other tower in the Township owned or controlled
by the applicant to other potential users at prevailing market rates
and conditions. The letter of commitment shall be recorded prior to
the issuance of a building permit and shall be binding upon the tower
owner, property owner and successors in interest.
(3)
Structural report. Upon the issuance of a building
permit for a wireless telecommunications tower site, the owner or
operator of the site shall provide to the Township Engineer, Township
Planner and Township Zoning Officer, an initial report signed and
sealed by a licensed professional engineer, certifying the estimated
useful structural life of the tower as well as providing an initial
inventory of all equipment and antennas on the site. After 50% of
the useful structural life has lapsed, annual recertification reports
as to the structural integrity of the tower shall be required. An
updated report shall also be provided whenever antenna arrays are
modified and shall include a detailed listing of all antennas and
equipment. All vendors and lessees shall also be required to notify
the above Frankford Township officials when the use of such antennas
or equipment is discontinued. If any of the reports disclose that
a condition of any tower presents an imminent hazard to the public
health, safety or welfare, or that the tower antennas and equipment
are no longer in use, the Township Engineer or Zoning Officer shall
order the owner of the tower or site upon which it is located, to
take appropriate corrective action including, if necessary, the removal
of the tower to protect the public health, safety and welfare. Wireless
telecommunications towers and sites shall be maintained to insure
continued structure integrity. The owner of the tower shall also perform
such other maintenance of the structure and of the site so as to assure
that it does not create a visual nuisance.
(4)
Abandonment and removal. Any antenna or tower that
is not operated for a continuous period of six months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Township of Frankford
notifying the owner of such abandonment. Towers that are rendered
obsolete or outdated by advances in technology shall be removed or
modified. Determination of the date of abandonment shall be made by
the Zoning Officer, who shall have the right to request documentation
and/or affidavits from the communications tower owner/operator regarding
the active use of the tower. Failure to remove an obsolete, outdated
or abandoned antenna or tower within 90 days shall be grounds for
the Township to require removal of the tower or antenna at the owner's
expense. If there are two or more users of a single tower, then this
provision shall not become effective until all users cease using the
tower or same is deemed obsolete or outdated by the Township. The
condition for the issuance of any permit to construct a tower or antenna
is a deed restriction of the property owner and agreement by the applicant
or co-users in a developer's agreement to remove the tower and restore
the property at the owner, applicant or co-users' expense, jointly
and severally, as determined by the Township Engineer for such construction
as required under all applicable Township ordinances.
(5)
Signs prohibited. No signs shall be permitted on
either the tower or equipment building, except for those signs required
by law or containing such information as owner contact information,
warnings, equipment information, and safety instructions. These signs
shall not exceed two square feet in total area. Absolutely no commercial
advertising shall be permitted on any wireless telecommunications
tower or equipment building.
(6)
Lighting. No lighting
is permitted except as follows:
[a]
The equipment building and compound may have security
and safety lighting at the entrance, provided the lighting is attached
to the facility, is focused downward and is wired with a timing device
and/or sensor so that the light is turned off when not needed for
safety or security purposes.
[b]
No lighting is permitted on the wireless telecommunications
tower.
(7)
Multiple towers and uses. Any prohibition contained
in any ordinance restricting the number of principal uses per lot
shall not apply to the construction of wireless telecommunications
towers and facilities when the conditions contained in this subsection
are met. The minimum setback distance between structures shall not
apply to PCS ("Personal Communications Systems") providers and those
providers who are licensed to transmit within the 800 MHz frequency
band.
(8)
RF radiation. The application shall comply with
the New Jersey Radiation Protection Act and regulations and any other
Federal or local regulations in effect. The applicant shall demonstrate
compliance with such standards.
(9)
Site plan approval. Site plan approval shall be
required for any wireless telecommunications tower, equipment or facilities,
except as may be exempted in paragraphs 2(c)(1)[b] and 2(c)(2).
(10)
Additional municipal experts. The Land Use Board
reserves the right to retain, at the applicant's expense, any technical
consultants as it deems necessary to provide assistance in the review
of site location alternatives analysis and specifications. By submitting
an application for a telecommunications tower or facility, the applicant
is aware of this procedure.
t.
Accessory Dwelling Units Located on Farms in the AR, C2, CR and LI
Zones.
1.
The farm shall be at least 20 acres or greater in size.
2.
Each accessory dwelling unit shall have its own, separate septic
system.
3.
The accessory dwelling unit shall be at least 600 square feet and
no more than 1,200 square feet.
4.
No more than one accessory dwelling unit shall be permitted on any
farm and the accessory dwelling unit shall be a separate structure
and detached from the principal dwelling.
5.
Occupancy of the accessory dwelling unit is restricted to the subject
farm workers and their immediate family members.
6.
No rent may be charged for any accessory dwelling unit and the occupant
of the accessory dwelling unit shall work on the farm in exchange
for occupancy.
7.
The access to the accessory dwelling unit must be via the same driveway
as the access to the principal dwelling.
[Ord. No. 2007-04]
The Zoning Officer is authorized to issue temporary permits
not exceeding 10 days duration to permit temporary sales promotions,
uses or events and events such as concert shows, circuses, subject
to the following provisions:
a.
Any sale promotion shall take place on the same premises as a principal
business.
b.
The Zoning Officer shall ascertain the applicant's plans for traffic
control are sufficient.
c.
Applicant shall post a cash bond, letter of credit or other acceptable
security in an amount to be determined by the Zoning Officer to be
sufficient to assure cleanup and restoration of the premises.
d.
Applicant shall be issued a special permit upon payment.
e.
Temporary Use Permits. Recognizing, in certain instances, for the
necessity of certain temporary uses, the Land Use Board, after hearing,
may authorize temporary use permits pursuant to the authority of N.J.S.A.
40:55D-70(b).
1.
Such permits may be issued for a period not to exceed one year and
on further application to the Land Use Board, may be extended, for
good cause shown, for an additional period, not to exceed one year.
Thereafter, such temporary use permit shall expire and the use as
permitted shall be abated. Any structure erected in connection therewith
shall be removed. Where it deems appropriate the Land Use Board may
require such guarantees it deems sufficient to cause such abatement
and/or removal.
2.
Where a building permit has been issued, a temporary certificate
of occupancy for a dwelling house may be granted to a developer to
permit such dwelling house to be used, temporarily, as a sales and
management office for the sale of those homes within a subdivision
provided all of the following requirements are met:
(a)
The house to be used as such office is built upon a lot approved
as part of a subdivision that has been approved by the Planning Board.
(b)
The house is of substantially the same quality of construction
as those homes to be sold within the subdivision.
(c)
No other business than that which is accessory to the management
and the sale of land owned by the developer shall be permitted.
(d)
The dwelling house shall meet all other requirements of the
zone in which it is located.
3.
Where a building permit has been issued, the Land Use Board may grant
a temporary use permit for a nonconforming use incidental to construction
projects on the same premises as the storage of building supplies
and machinery and/or the assembly of building materials. For example,
but not by way of limitation, such temporary use permit may be issued
to permit the parking of a "construction trailer" on such a site.
4.
The Land Use Board may grant a temporary use permit for the erection
and maintenance of temporary structures or buildings for the conduct
of permitted uses where such permitted uses have been interrupted
by reason of fire or other casualty.
Such temporary use permit shall expire at the time the necessary,
repair or reconstruction of the permanent structures or buildings
has been accomplished or within one year, whichever occurs first.
5.
The Land Use Board may grant temporary use permits for the location
of temporary structures, in connection with permitted uses, on the
site of such permitted use, which use is either existing or about
to be established, upon the construction of a permanent structure.
Such temporary structure shall provide facilities during construction
of permanent facilities to house the permitted use or which will result
in permanent facilities to house the permitted use. For example, but
not by way of limitation, such temporary use permits may be issued
to temporary office space, temporary classroom space and/or temporary
warehouse space on such a site.
6.
No transportable or wheel-based structure or other temporary stricture
used as an office, storage shed or other use incidental to and in
connection with a permitted construction project or building shall
be placed on a site unless the Zoning Officer shall first have issued
a temporary permit therefor. Such structure shall not be located so
as to be detrimental to the use and enjoyment of any adjoining property
and shall be removed from the site prior to the issuance of a certificate
of occupancy for the permitted construction project or building.
7.
Fundraising B Games of Chance. Unless specifically prohibited within
a particular zoning district, fundraising games of chance operated
or conducted in accordance with the New Jersey "Raffles Licensing
Law" and "Bingo Licensing Law" shall be permitted activities within
all zoning districts, provided that the operator of any game of chance
complies in all respects, with the Licensing Ordinance relating to
Games of Chance (Section 4-1a).
8.
Special permits for sales promotions. The Zoning Officer is hereby
authorized to issue temporary permits for not exceeding 10 days duration
to permit temporary sales promotions, uses or events and events such
as concerts, shows, circuses, etc., subject to the following provisions:
(a)
Any sale promotion shall take place on the same premises as
the principal business.
(b)
The Zoning Officer shall ascertain that applicant's plans for
traffic control are sufficient.
(c)
Applicant shall post a cash bond, letter of credit or other
acceptable security in an amount determined by the Zoning Officer
to be sufficient to assure clean up and restoration of the premises.
[Ord. No. 2007-04]
It is an express purpose of this chapter and section to promote
farming and agricultural uses in Frankford Township in respect of
the Township's rural and agricultural heritage. The provisions of
this chapter and section shall, therefore, be liberally construed
as applied to farming and agricultural uses, structures, buildings
and standards. To the greatest practicable extent, the application
of the standards and regulations of this chapter and section shall
be reconciled with the Right to Farm Act, N.J.S.A. 4:1C-et seq. in
such a way as to advance agricultural purposes and efforts without
unnecessary or excessive zoning enforcement, provided, however, that
the public health, safety and welfare shall not be thereby compromised.
[Ord. No. 2007-04]
a.
Any building, structure, site or tract of land developed, constructed
or used for any permitted principal or accessory light industrial
use shall comply with all the performance standards set forth in this
section. These performance standards shall apply unless exceeded by
any State or Federal standards or amendments thereto. If there is
any reasonable doubt that the intended use will conform to any section
of the performance standards, the Land Use Board shall establish and
request a deposit for each section in doubt, which deposit shall be
used to defray the cost of a special report by an expert consultant
qualified to advise on conformance to the required standard. The amount
of the deposit shall be based on a quotation from said expert consultant.
Said report shall be made within 30 days of the request and copies
supplied to the applicant. If any existing use or building is extended,
enlarged or reconstructed, the performance standards shall apply to
such extended, enlarged or reconstructed portion or portions of such
use or building or structure.
b.
Noise. Measured at the lot line, the sound pressure level of noise
emitted by all sources on a single lot shall not exceed the levels
tabulated below and corrected for the character of the noise. Measurement
shall be made with a sound level meter corresponding to ANSI standards
SI.4 and an octave band filter conforming to ANSI standard Z24.10.
|
Octave Band Center Frequency Cycles per Second
|
Maximum Sound Pressure Level, Decibels Relative to 0.002 Microbars
|
|---|---|
|
31.5
|
84
|
|
63
|
70
|
|
125
|
57
|
|
500
|
45
|
|
1000
|
41
|
|
2000
|
38
|
|
4000
|
35
|
|
8000
|
32
|
|
Character of Noise
|
Correction of Decibels
|
|---|---|
|
Night-time noise (10:00 p.m. to 7:00 a.m.)
|
0.5
|
|
Impulsive noise
|
.5
|
|
Noise of periodic character
|
0.5
|
c.
Smoke. There shall be no emission of smoke other visible atmospheric
pollutant to give a plume equivalent opacity in excess of 15%. Opacity
readings may be made visually by a trainer observer or by a stack
mounted opacity meter. Steam plumes are exempt from this limit, but
steam may not be used to mask other emissions.
d.
Odor. Emission of odorous matter shall be below odor threshold concentrations at the lot lines and at the point of maximum ground level concentration if this point is beyond the lot line. Recognized compilations of odor threshold concentrations may be used as standards of the granting of use permits, but for an established use the actual detectability of odor shall be standard. Odor threshold compilations include Air Pollution Control Association Paper 68-131, (1968); Table III, Chapter 5 of Air Pollution Abatement Manual," Manufacturing Chemists Association, Washington, 1951; and U.S. Bureau of Mines Technical Paper 480 (1930).
e.
Particulate Emissions to the Atmosphere. Dust, dirt, fly ash, and
other particulates shall be controlled so that no such emission will
cause damage to human health, animals, vegetation, or other property,
or which can cause any excessive soiling beyond the lot line of the
source use. There shall be no emission of any solid or liquid particulate
matter in excess of .015 grains per dry standard cubic foot of stack
gas, corrected to 12% CO2. Particulate emission determinations shall
be made according to E.P.A. method 5. Fugitive dust shall be held
to a minimum by use of good housekeeping practices and other appropriate
control techniques.
f.
Noxious Gases. Under no circumstances shall any use emit noxious, toxic, or corrosive fumes or gases. Reference shall be made to "Table," Industrial Hygiene Standards, Maximum Allowable Concentrations, Chapter 5 of the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.
g.
Glare and Heat. No industrial uses shall carry on an operation which
will produce heat or direct or sky-reflected glare uses carry on an
beyond the property line of the lot on which the use is located. Industrial
and exterior lighting shall be used in such a manner that it produces
no glare on public highways and neighboring property.
h.
Fire and Explosion Hazards. All activities shall be carried on only
in structures which conform to the standards of the Fire Prevention
Code published by the American Insurance Association, 1965, or Borough
Building Code or other applicable local ordinance, whichever is more
restrictive. All operations shall be carried on and combustible raw
materials, fuels, liquid, and finished products shall be stored in
accordance with the standards of said American Insurance Association.
The storage of more than 500 gallons of volatile or inflammable liquid
above ground is prohibited.
i.
Liquid and Solid Wastes. There shall be no discharge at any point
of treated or untreated sewage, or industrial waste into any stream,
lake, reservoir, or into the ground of any material which may contaminate
the water supply or endanger human health and welfare. No industrial
waste shall be discharged into any system, nor shall any wastes be
discharged in the public sewer system which are dangerous to the public
health and safety.
1.
Maximum five day biochemical oxygen demand: 5.0 p.p.m.;
2.
Maximum quantity of effluent: 10% of minimum daily stream flow;
3.
Maximum five day biochemical oxygen demand after dilution (B.O.D.
of effluent multiplied by quantity of effluent divided by quantity
of stream flow): 0.25 p.p.m;
4.
Acidity or alkalinity shall be neutralized to a pH of 7.0 as a daily
average on a volumetric basis, with a temporary variation of 6.0 to
8.5;
5.
Wastes shall not contain any insoluble substances in excess of 5,000
p.p.m. and no insoluble substances shall be noticeable in the water
or deposited along the above or on the aquatic substrata in quantities
detrimental to the natural biota;
6.
Wastes shall contain no cyanides and no halogens;
7.
Threshold odor number shall not exceed 24° to 60° C.;
8.
Wastes shall not exceed the following maximums:
|
Maximum Hydrogen Sulphide:
|
10 p.p.m.
|
|
Maximum Sulphur Dioxide:
|
10 p.p.m.
|
|
Maximum Nitrous Oxide:
|
10 p.p.m.
|
|
Maximum Chorine Demand:
|
15 p.p.m.
|
|
Maximum Phenols:
|
0.0005 p.p.m.
|
9.
No effluent shall contain any acids, ores, dust, toxic metals, corrosive
or other toxic substance in solution or suspension which may cause
odors, discolor, poison or otherwise pollute streams and waterways
in any way. There shall be no thermal discharges, which detrimentally
affect the natural aquatic biota, or reasonably anticipated re-use
of the waters. There shall be no accumulation of solid wastes conducive
to the breeding of rodents or insects.
|
All methods of sewage and industrial waste treatment and disposal
shall be approved by the New Jersey State Department of Environmental
Protection and the Sussex County Department of Health, and the Sussex
County Municipal Utilities Authority.
|
j.
Vibration. No activity shall cause or create a steady state or impact
vibration at or beyond the lot line causing acceleration in excess
of that indicated in the attached figure. The numbers on the ordinate
are peak values of sinusoidal accelerations or 1.4 times the root
mean square values of random vibrations measured in octave bands.
These criteria are for vertical vibrations and are to be reduced by
a factor of 1.4 for horizontal vibrations. The ordinate unit, g, is
9.81 m/sec2 (32.2 ft/sec2)
k.
Radioactivity and Electrical Disturbance. Radioactivity shall not
be emitted to exceed quantities established as safe by the U.S. Bureau
of Standards, as amended from time to time. No electrical disturbances
(except from domestic household appliances) adversely affecting the
operation at any point of any equipment other than that of the creator
of such disturbance.
[1]
Editor's Note: The Schedules, Appendices, Checklists and Forms are included as attachments to this chapter.
[Ord. No. 2007-04]
The schedules, appendices checklists and forms contained in
this chapter shall be and are hereby made part of this chapter and
are incorporated as provisions of the text to which they correspond.
[Ord. No. 2007-04]
The maps, materials, documents, data, studies and other information
described in the developmental checklists are intended to provide
the Board with sufficient information and data to assure compliance
with this chapter and all specifications contained herein, and to
insure that the proposed development meets the design and improvement
standards contained in this chapter. The specification of documents
to be submitted is based on the type of development and particular
stage of development application. At the request of the applicant,
one or more of the submission requirements may be waived in which
event the Board or its authorized committee shall grant or deny the
request within 45 days. Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
he is entitled to approval of the application.
