Township of Franklin, NJ Article XLII D&R Canal Area Redevelopment Plan

[Added 8-8-2006 by Ord. No. 3622]

§ 112-334 Introduction.

A. Historic preservation is an important priority within Franklin Township, and the Township has been aggressive in its efforts to preserve evidence of its long and rich history. Such efforts have resulted in the preservation of individual historic sites and numerous historic villages through historic district designation, preservation-oriented development regulations, creation of the Township's Historic Preservation Commission, purchase of historic sites, preservation of green belts around historical villages and the Township's historic grant program.

B. The D&R Canal plays a particularly important role in the Township's history. The construction of the canal in the 19th Century reinforced the Township's important location in the region, and the preponderance of historic sites and districts along the Canal bears this out. In fact, a number of local, state and/or nationally designed historic districts are located along the Canal in Franklin and surrounding communities, including the D&R Canal Historic District, the Kingston Historic District, the Griggstown Historic District, the Rocky Hill Historic District and the East Millstone Historic District, as well as numerous individual sites and structures that tell the story of the Canal's importance to the history of the Township and region.

C. While efforts to preserve the Township's history have been widely successful, the condition of certain sites and structures in the Township's historic areas negatively impact the Township's heritage. At the Township's request, three such areas were evaluated in the "D&R Canal Area Redevelopment Study" prepared by Heyer, Gruel & Associates in order to determine whether each qualified as an area in need of redevelopment pursuant to the Local Redevelopment Housing Law (LRHL). The three areas evaluated consisted of the Stavola Area (Block 8, Lot 1 and Block 9, Lot 1); Laurie Rubber Area (Block 60, Lots 12 through 21 and Block 2, Lots 1, 2, 3, 7, 8 and 10), and the Franklin Inn - Onka Bus Area (Block 512, Lot 4). Based on the results of that study, the Planning Board found that these three areas were indeed in need of redevelopment and that the redevelopment process could help facilitate the preservation of historic structures that are currently at risk. Following the Planning Board's findings, the Township Council determined that these areas constituted "areas in need of redevelopment."

D. The three areas that are the subject of this redevelopment plan (i.e., the Stavola, Laurie Rubber and Franklin Inn - Onka Bus areas indicated above) are all located in designated historic districts adjacent to the Delaware and Raritan Canal and the Millstone River. Additionally, all three areas are located along the Millstone River Valley Byway, a New Jersey state-designated scenic byway. A corridor management plan is currently being prepared by NJDOT which will include a vision statement, a visual survey of resources, a survey of development along the byway, safety and accident analyses, a signage study and a multi-modal usage study. The strategic plan for the corridor will evaluate tourism opportunities, provide a marketing plan and will provide summary recommendations for the corridor. It is anticipated that the plans will provide recommendations for safety improvements along the byway. The plans are estimated to be completed in Spring 2006.

E. Map 1 shows the locations of these areas within the Township as a whole. The location of the areas is shown in greater detail in Maps 2 and 3.[1]

[1] Editor's Note: Maps referenced are on file in the Township Clerk's office.

F. Map 2 shows the location of the "Stavola Area," consisting of two lots at the corner of Old Georgetown Road and Canal Road, both located within the Delaware and Raritan Canal and Rocky Hill Historic Districts and each containing a structure of historic significance.

G. The "Laurie Rubber Area," shown on Map 3, consists primarily of vacant property in East Millstone that was formerly the site of a rubber factory and, before that, a gin mill. The area is located within the Delaware and Raritan Canal Historic District and the East Millstone Historic District.

H. The "Onka Bus-Franklin Inn Area," also shown on Map 3, is located within the Delaware and Raritan Canal Historic District and just outside of the heart of the East Millstone village. The site consists of an auto-maintenance use and a historic inn. The inn is an important historic resource dating to colonial times.

I. This report is written pursuant to N.J.S.A. 40A:12A-7 of the LRHL which provides that "no redevelopment projects shall be undertaken or carried out except in accordance with a redevelopment plan adopted by ordinance of the municipal governing body upon its finding that the specifically delineated project area is located in an area in need of redevelopment or an area in need of rehabilitation or in both..." according to criteria set forth in Section 5 or Section 14 of P.L. 1992, c.79 (N.J.S.A. 40A:12A-5 or 40A:12A-14), as appropriate.

§ 112-335 Contents of the redevelopment plan.

This redevelopment plan serves as the formal planning document for the revitalization and/or redevelopment of these areas. According to the LRHL, the redevelopment plan shall include an outline for the planning, development, redevelopment or rehabilitation of the project area sufficient to indicate:

A. Its relationship to definitive local objectives as to appropriate land uses, density of population and improved traffic and public transportation, public utilities, recreational and community facilities and other public improvements;

B. Proposed land uses and building requirements in the area;

C. Adequate provision for the temporary and permanent relocation, as necessary, of residents in the project area, including an estimate of the extent to which decent, safe and sanitary dwelling units affordable to displaced residents will be available to them in the existing local housing market;

D. An identification of any property within the redevelopment area which is proposed to be acquired in accordance with the redevelopment plan;

E. Any significant relationship of the redevelopment plan to:

(1) The master plans of contiguous municipalities;

(2) The master plan of the county in which the municipality is located; and

(3) The State Development and Redevelopment Plan adopted pursuant to the State Planning Act P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et seq.)

§ 112-336 Area description and analysis.

Franklin Township is a large and diverse community consisting of rural, suburban, and more urbanized areas. The Township consists of nearly 47 square miles with a population in 2000 of nearly 51,000. The Township is located in a triangle between three regional population and employment centers: New Brunswick to the east, the Bridgewater-Somerville-Raritan area to the north, and the Princeton corridor to the south. As shown on Map 1,[1] the three redevelopment areas are located in less developed portions of the Township, along its western border. All the sites are located adjacent to the Delaware and Raritan Canal State Park. The canal parallels the east bank of the Millstone River, which forms the western boundary of Franklin Township.

A. The Stavola Area.

(1) The Stavola Area, shown on Map 2, consists of two properties at the corner of Canal Road and Old Georgetown Road. Located five miles from Princeton and directly across the D&R Canal and the Millstone River from the Borough of Rocky Hill, the area is rural and characterized by steep slopes. The area forms part of the designated Rocky Hill and D & R Canal Historic Districts, all of which are listed on the State and National Register of Historic Places. The structures on each of these lots were also found eligible for individual listing on the National Register in a study conducted by A.D. Marble Associates in 2002. The structures on these lots are the last remaining remnants of a historic mill village located on the east side of the Millstone River. Both have been used as rental residences in recent years, but they are currently vacant and boarded up.

(2) The structure on Block 8, Lot 1 was constructed in the early 1700s, is representative of 18th century Dutch architecture, and was associated with prominent landowning families in the area. Some of the walls of the structure on Block 9, Lot 1 were constructed possibly as early as the late 18th century, though the structure has been largely rebuilt since that time. The structure served as a saloon for mill workers and canal travelers in the late 19th century.

(3) The redevelopment study found that the area's historic significance is not being properly utilized for the furtherance of the public welfare. The two residential buildings in the area are in a deteriorated condition, rendering them substandard, unsafe and unfit for occupation. The redevelopment study found that because the buildings are unfit for occupation, and because there are no barriers preventing access to the buildings, the location of the subject buildings adjacent to the heavily used Delaware & Raritan Canal Park poses a threat to public safety for anyone entering the buildings. However, the redevelopment study found that the area's location adjacent to the Canal and within designated historic districts provides an important opportunity for historic preservation.

(4) The development of these resources, however, is hindered by difficult topographical and site conditions, and the years of neglect the sites have experienced. Block 8, Lot 1 is an irregularly shaped one-tenth-acre lot occupying the crook created by the sharply angled intersection of Old Georgetown Road and Canal Road. The lot is located in the floodplain and has a steep slope on its east side. Block 9, Lot 1 is four acres in size and is located opposite Old Georgetown Road from Block 8, Lot 1. It consists of two sections, a residential section and an agricultural section. The residential section, which contains the structure described above, is in the floodplain. The larger, agricultural section of the property is located atop a steep slope located just east of the structure and is unused and contains some landscaping. These constraints must be taken into account in the planning of the area. Further, applications for development on lands near the Delaware and Raritan Canal must be submitted to and receive a favorable approval from the Delaware and Raritan Canal Commission.

B. Laurie Rubber Area.

(1) The Laurie Rubber Area consists of several parcels of primarily vacant land in the historic East Millstone community, which consists of a roughly seventy-acre village dating to the early 1800s. The area is in a key location near the center of the historic East Millstone community and adjacent to the D&R Canal State Park (see Map 3). The area is located within both the Delaware and Raritan Canal Historic District and the East Millstone Historic District, both of which are listed on the State and National Register of Historic Places. The historic East Millstone community is also located within one of the Township's historic overlay zoning districts. The Laurie Rubber Area consists of Block 60, Lots 18 through 21 and Block 62, Lots 1, 2, 3, 7, 8 and 10.

(2) The main parcel, Block 60, Lots 18 through 21, is located between the D&R Canal and Market Street. The parcel is the site of a former rubber factory that closed its operations in February 1983. Though they were determined by the Franklin Township Historic Preservation Commission to be historically significant, the factory buildings deteriorated rapidly during the 1980s and were demolished in 1990. The main parcel, Block 60, Lots 18 through 21, is currently a vacant, grassy field, interspersed with young trees. As discussed in the redevelopment study, the property's current bucolic appearance belies its long history as East Millstone's major industrial site. As early as 1846, mattresses were being produced on the site using a husking mill. By 1859, the site was being used as a distillery, converting grain produced in the surrounding rural area into gin and also for the production of bakers' yeast. In 1910, the facility was converted into a rubber-recycling factory which operated until February 1983, just before the ECRA (Environmental Cleanup Responsibility Act) went into effect. An ECRA file (Case No. 84-278) was opened on the facility in 1984 when it appeared the property was going to be sold. The facility was found at the time to contain environmental contamination. However, the ECRA case was closed when the sale fell through. By 1989, significant deterioration had occurred at the facility, which was found by the Township Office of Fire Prevention to pose an imminent health and safety hazard. A demolition permit was issued in 1990, and the site was cleared and cleaned to its current state. While it is believed that some degree of environmental cleanup occurred, the level of contamination that remains is unknown. The unknown level of remaining contamination on the site has likely hindered its redevelopment.

(3) Several parcels between Market and Williams Streets are included in the Laurie Rubber Area as well, because they remain under common ownership with the main parcel. Most of these parcels are also vacant; however, two of the parcels contain a garage and a storage building. Possible environmental contamination may have occurred on this property and has likely contributed to the lack of redevelopment. An environmental study will need to be conducted prior to redevelopment.

(4) It is noted that applications for development on lands adjacent to the Delaware and Raritan Canal must be submitted to and receive a favorable approval from the Delaware and Raritan Canal Commission. The Commission's requirements pose a substantial impediment to new construction in the area between Market Street and the canal and limit the amount of new construction that could take place elsewhere in the area.

C. Onka Bus-Franklin Inn Area.

(1) The Onka Bus-Franklin Inn Area, at 4.4 acres in size, is located on the north side of Amwell Road, across from the heart of the historic East Millstone community and within the Delaware and Raritan Canal Historic District (see Map 3). The area is located adjacent to the D&R Canal Park and is across Amwell Road from a small park and several historic buildings currently used for retail and offices. The Onka Bus-Franklin Inn Area consists of Block 512, Lot 4.

(2) The area contains a historic inn adjacent to the canal. The inn has been documented on the Historic American Building Survey (Reference No. NJ-648). The two-story frame inn was originally constructed as a farmhouse in 1752 but was expanded into an inn during the 19th century. The inn closed during the Prohibition era, and the property has been under its current ownership since the mid-20th century. Since the 1960s, the inn has housed a canoe rental service, an antique store, and is currently leased to the Blackwells Mills Canal House Association. A small used bookstore is operated in the building on an intermittent basis. The exterior of the inn appears to be in fair condition and has recently been scraped, primed and repainted. However, damage to the interior has been recorded.

(3) The area includes a complex of much newer buildings, located to the east of the inn, that had recently served as a bus depot but now appears to be used primarily for vehicular maintenance and repair. There is a gravel parking area between these newer buildings and the historic inn, as well as a parking area in front of the newer buildings. A large gravel yard on the east side of the property and visible from the Village of East Millstone is used for vehicle storage and additional parking. The property formerly included a gas station and contained six underground oil storage tanks, which were removed in 1991. An assessment of environmental contamination on the site would be needed if the site were to be redeveloped.

(4) The redevelopment study found that the presence of the bus depot use is deleterious to the surrounding community and the historic inn, that its presence hinders the rehabilitation of the Franklin Inn and is harmful to the adjacent East Millstone historic village, and that the negative visual impacts from the use are visible from both the Inn and the East Millstone community.

(5) Applications for development on lands adjacent to the Canal must be submitted to and receive a favorable approval from the Delaware and Raritan Canal Commission. The Commission's requirements significantly limit the amount of new or additional development that could take place in the area.

[1] Editor's Note: Said Map is on file in the Township Clerk's office.

§ 112-337 Community input.

A. Community input has been an important component of this redevelopment plan. The Township initiated an outreach effort designed to solicit input from residents in the surrounding areas, property owners, and community and historic preservation stakeholders. The redevelopment plan was prepared based on the input received at those meetings as well as from the input of Township representatives, professional staff and consultants.

B. At the onset of the preparation of this redevelopment plan, the Township Council held an open public meeting during which interested residents and community stakeholders were welcome to offer their opinions regarding the planning of these three areas. This meeting was very well attended and numerous people offered input. In addition, the Township solicited and received written comments for a number of weeks following the public meeting. The minutes of the public meeting and written input received can be found in the appendix.[1]

[1] Editor's Note: The appendix to the redevelopment study is on file in the Township Clerk's office.

C. The Township also held separate meetings with the State's Brownfields Redevelopment Inter-Agency Team (BRIT) and the Delaware and Raritan Canal Commission in order to fully understand redevelopment options in the three areas.

§ 112-338 Goals and objectives of the redevelopment plan.

Maintaining the character of the Township's existing historic villages (e.g., Griggstown and East Millstone) is one of the Township's primary land use planning goals, as reflected in the Township's Master Plan. This redevelopment plan is consistent with the Master Plan's historic preservation goals and objectives, and, in fact, is intended to achieve them with respect to these areas. The primary goal of this redevelopment plan is the preservation and enhancement of the historic resources located in and around historic villages. The specific intent and objectives related to the three areas follow.

A. Stavola Area. The intent of this plan with respect to this area is the acquisition, enhancement and preservation of the historic structures located on the two properties in the area. The Township intends to acquire the structures as the most direct and effective means of ensuring their preservation and enhancement. After the structures are obtained, the Township will have the buildings secured with respect to vandalism and trespassing, will seek to restore the exterior of the buildings in a manner that is appropriate to the historic context of each building and which will involve the removal of any modern appurtenances on the building exteriors. Preservation of these buildings is important, as they represent the last remnants of a historic mill village located along the east side of the Millstone River. As a result, it is intended that tours of the buildings could be conducted on a periodic basis in coordination with a nonprofit organization dedicated to historic preservation (e.g., the Meadows Foundation).

B. Laurie Rubber Area. The intent of the redevelopment area with respect to the Laurie Rubber Area is the provision of open space and redevelopment that is consistent with scale and character of the historic East Millstone village. On the main parcel (i.e., the land between Market Street and the canal), the primary intent of the redevelopment plan is the provision of open space capitalizing on the parcel's proximity to the canal, although the plan allows for single-family development in accordance with the R-10H District if such development were to be permitted by the D&R Commission. On the south side of Market Street, the redevelopment plan calls for redevelopment that is consistent with the nature of the historic village, consisting of single-family residential development in accordance with the requirements of the R-10H District and/or the adaptive reuse of the existing buildings for single-family residential or professional office use.

C. Franklin Inn-Onka Bus Area.

(1) The principal objective regarding the Franklin Inn — Onka Bus Area are: the preservation and restoration of the historic Franklin Inn building and the acquisition of the Onka Bus facility for the purposes of converting it to open space. However, if conversion of the Onka site to open space is found to be infeasible, than the objective would be the reuse of the Onka Bus building and site in a manner that is more compatible with the historic East Millstone Village and which capitalizes on, and is more consistent with, its location adjacent to the D&R Canal. If the Onka Bus facility is redeveloped, the rear portion (which adjoins Colonial Park) would ideally be offered to the County for open space purposes.

(2) The objective regarding the Franklin Inn site is the restoration, permanent preservation and continued maintenance of the building and surrounding area in a manner that stresses its unique historic relationship to the Canal area in conjunction with the adjacent Bridgetender's House. In order to achieve this, it is intended that the Franklin Inn would be separated from its current ownership through municipal acquisition. This acquisition would involve subdivision of the existing site, placing the Franklin Inn and Onka Bus facilities on separate lots. The Franklin Inn would then be managed by either the Township or another entity interested in the preservation, restoration and management of this historic building (e.g., the Meadows Foundation which has expressed such interest). The building would be used in a manner that is consistent with the historic nature of the building and surrounding area. As indicated in the Maps 4a and 4b,[1] parking would be provided to the rear of the Inn for the purpose of serving visitors of the Inn and the adjacent Bridgetender's House.

[1] Editor's Note: The maps referenced are on file in the Township Clerk's office.

(3) As indicated above, it is intended that the Onka Bus facility would be put to open space use or reused in a manner that is more compatible with the surrounding area. Conversion of the Onka Bus site to open space is reflected in Map 4a. Reuse and redevelopment of the Onka Bus facility would occur only if the following is provided (such redevelopment is depicted on Map 4b):

(a) Provision of a larger natural buffer between the canal and the developed portion of the site;

(b) Reduction in the amount of impervious surface (i.e., paved area);

(c) Improvements to on-site stormwater management;

(d) Provision of a trailway connection between Colonial Park and the Delaware and Raritan Canal towpath;

(e) Improvement of the Amwell Road street frontage; and

(f) Aesthetic improvements to the Onka Bus building and site.

§ 112-339 Relationship to Township land development regulations.

A. The areas shall be redeveloped in accordance with the standards detailed in this redevelopment plan. The plan supersedes the use and bulk provisions of the Township land development regulations for these areas unless specifically referenced. Other standards, definition, submission and development review requirements relating to all zones in the Township, including affordable housing development fees, shall apply. In addition, development and redevelopment in these areas shall continue to be subject to the review of the Township Historic Preservation Commission and shall be subject to the Township Historic Preservation Ordinance, including but not limited to applicable architectural review standards of such ordinance. The Township's Zoning Map shall be amended to identify the redevelopment area.

B. Any deviation from standards of this plan that results in a "d" variance pursuant to N.J.S.A. 40:55D-70d shall be addressed as an amendment to the plan rather than via variance relief through the Township's Zoning Board of Adjustment. The Planning Board shall have the power to grant relief from other bulk and dimensional requirement of this plan to the same extent as the Board may grant relief from bulk and dimensional requirements pursuant to the Municipal Land Use Law. All development must be approved by the Planning Board and shall be submitted through the normal site plan and subdivision procedures as identified by N.J.S.A. 40:55D et seq.

C. The Planning Board may grant deviations from the regulations contained within this redevelopment plan where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions, preexisting structures and physical features uniquely affecting a specific piece of property, the strict application of any area, yard, bulk or design objective or regulation adopted pursuant to this redevelopment plan, would result in peculiar and exceptional practical difficulties to, or exceptional or undue hardship upon, the developer or redeveloper of such property. The Planning Board may also grant a deviation from the regulations contained within this redevelopment plan related to a specific piece of property where the purposes of this redevelopment plan would be advanced by such deviation from the strict application of the requirements of this plan and the benefits of granting the deviation would outweigh any detriments.

D. The Planning Board may grant exceptions or waivers from design standards from the requirements for site plan or subdivision approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and/or subdivision approval within the plan, if the literal enforcement of one or more provisions of the plan is impracticable or would exact undue hardship because of peculiar conditions pertaining to this site. No deviations may be granted under the terms of this section unless such deviations can be granted without resulting in substantial detriment to the public good and will not substantially impairing the intent and purpose of the redevelopment plan. No deviations may be granted which will result in permitting a use that is not a permitted use within in this redevelopment plan. An application requesting a deviation from the requirements of this redevelopment plan shall provide public notice of such application in accordance with the public notice requirement set forth in N.J.S.A. 40:55D-12.

§ 112-340 Land use and building requirements.

The following land use standards apply to the individual districts comprising the redevelopment area.

A. Stavola Area. Old Georgetown District (District Map on Map 5).[1]

(1) Principal permitted uses: low-intensity public or quasi-public use.

(2) Lot and bulk requirements: No change shall be permitted to existing lot area, lot frontage or yard setbacks, and no increase shall be permitted with respect to impervious coverage or lot (building) coverage.

(3) Additional development standards.

(a) Existing trees and vegetated areas shall be preserved to the maximum degree possible. Particular attention shall be paid to the preservation of individual trees (particularly those with a diameter at breast height greater than three inches) and to the preservation of vegetated areas around the perimeter of the site.

(b) Any rehabilitation of existing buildings shall be done in a manner that is consistent and compatible with the historic context/architecture and integrity of each of the buildings and shall involve the removal of any modern appurtenances on the building exteriors.

[1] Editor's Note: Said map is on file in the Township Clerk's office.

B. Laurie Rubber Area. Market Street Zone (see District Map 6).[2]

(1) Principal permitted uses:

(a) Open space.

(b) Uses permitted in the R-10H District, including single-family dwellings.

(c) Adaptive reuse of the existing buildings as single-family residential or professional office use (excluding medical or dental offices and other such offices that involve regular visitation from clients or customers).

(2) Lot and bulk requirements.

(a) Adaptive reuse of the existing buildings:

[1] Minimum lot area: 15,000 square feet.

[2] Minimum lot frontage: 100 feet.

[3] Minimum front yard: no less than currently existing.

[4] Minimum side yard: 10 feet.

[5] Minimum rear yard: 40 feet.

[6] Maximum lot (building) coverage: 20%.

[7] Maximum impervious surface coverage: 40%.

[8] Minimum parking lot setback: 10 feet.

[9] Off-street parking: as required by Township Development Ordinance, but not exceeding eight on-site parking spaces.

[10] Maximum building height: 2 1/2 stories/35 feet.

(b) Uses permitted in the R-10H District: subject to requirements of the use applicable in the R-10H District.

(3) Signage.

(a) Adaptive reuse of the existing buildings for professional office use.

[1] Permitted signage and maximum number of signs: one business identification sign shall be permitted. Such sign shall be limited to either a wall-mounted or projecting sign mounted to the building.

[2] Maximum sign area: four square feet.

[3] Sign design: The signage shall be constructed only of high-quality materials such as carved wood, architecturally-treated metal, and/or stone. All sign appurtenances, such as mounting brackets for a projecting sign, shall be similarly composed of high-quality materials that are consistent with the design of the sign.

[4] Placement: The sign shall only be placed on a building facade that faces street frontage. If a projecting sign is employed, it shall: be positioned perpendicular to the building facade; not project more than three feet from the building facade, including any sign appurtenances; have at least eight feet of clearance to the ground if located in an area traversed by pedestrians; not project into an area traversed by vehicles; and not project into the public right-of-way.

[5] Maximum height: The maximum height to the top of the sign and sign appurtenances shall be 14 feet or the height of the sill or bottom of any second-story window, whichever is less.

[6] Illumination: Only an externally-lighted sign shall be permitted. Such lighting shall be of such design so as to illuminate only the face of the sign and shall be of such power minimally necessary for such illumination. The design of such lighting shall be compatible with the historic character of the neighborhood and shall be complementary to the design of the sign and building.

(b) Uses permitted in the R-10H District: subject to requirements applicable in the R-10H District.

(4) Additional development standards.

(a) Existing trees and vegetated areas shall be preserved to the maximum degree possible. Particular attention shall be paid to the preservation of individual trees, particularly those with a diameter at breast height greater than three inches, and to the preservation of vegetated areas around the perimeter of the site especially where adjoining residences.

(b) The adaptive reuse and rehabilitation of existing buildings shall be done in a manner that is consistent and compatible with the architecture of the existing buildings and that is consistent and compatible with the historic character of the East Millstone Village.

(c) The parking lot setback area shall contain sufficient and attractive planting, and/or stone walls (no greater than three feet in height) and/or fencing designed to screen views of the parking lot from adjoining properties and the street.

(d) Fences shall be no more than 50% opaque (i.e., picket or post-and-rail), shall be constructed of wood and shall be no greater than four feet in height. If intended to screen a refuse area, fencing may be more opaque but shall be constructed of wood and shall be no greater than six feet in height.

[2] Editor's Note: Said map is on file in the Township Clerk's office.

C. Franklin Inn-Onka Bus Area.

(1) Onka Bus District:

(a) Principal permitted uses:

[1] Public or quasi-public use such as open space, museum, library, community meeting space or other such uses.

[2] Restaurant, non-drive-through.

[3] Inn or bed-and-breakfast. An "inn" shall be defined as a commercial establishment providing lodging and meals for transients during short-term visits. Any structure used for such a purpose shall provide not more than 10 guest rooms for travelers and shall have full occupancy by paying guests at not more than 25 persons. A "bed-and-breakfast" shall be defined as an owner-occupied single-family residence providing short-term lodging and a morning meal to transients for compensation. The limit of time a guest may stay in either such establishment shall be limited to two weeks.

[4] Professional, medical or dental office.

[5] The following retail uses: antique store; candy store; ice cream parlor; art and craft supply store; bookstores; and camera and photographic supply store. No other type of retail uses shall be permitted.

[6] Art and photographic gallery and/or studio.

[7] Place of instruction for art, craft, music, dance and/or photography.

(b) Lot and bulk requirements.

[1] Minimum lot area: four acres. However, lesser lot area shall be permitted commensurate with the amount of any land dedicated for open space.

[2] Minimum lot frontage: 250 feet.

[3] Minimum front yard: no less than currently existing.

[4] Minimum side or rear yard: no less than currently existing.

[5] Maximum lot (building) coverage: 10,000 square feet.

[6] Floor area ratio (FAR): no greater than currently existing, minus the rear warehouse/bus depot portion of the facility, except if an art gallery or antique store is proposed, in which case the rear warehouse/bus depot may be included in the permitted FAR.

[7] Maximum impervious surface coverage: 25%, but no greater than minimally necessary to meet the off-street parking requirement for the use (plus associated sidewalks, outdoor eating area and other necessary and appropriate impervious surfaces). Any land dedicated for open space may be included as part of the lot area in the calculation of permitted impervious coverage.

[8] Minimum parking lot setback (front): 50 feet.

[9] Minimum parking lot setback (side): 50 feet from edge of canal or 25 feet from side lot line whichever is greater (to west): 25 feet from side lot (to east).

[10] Maximum building height: 2 1/2 stories/35 feet.

[11] Off-street parking: as required by the Town Development Ordinance.

(2) Franklin Inn District.

(a) Principal permitted uses: Public or quasi-public use, such as open space, museum, library, community meeting space or other such uses. Ancillary to the use of the building by a public or nonprofit [501c(3)] entity, retail facilities serving a fund-raising purpose may be provided.

(b) Lot and bulk requirements.

[1] Minimum lot area: 10,000 square feet.

[2] Minimum lot frontage: 125 feet.

[3] Minimum front yard: no less than currently existing.

[4] Minimum side rear yard: no less than currently existing.

[5] Maximum lot (building) coverage: 20%.

[6] Maximum impervious surface: 50%.

[7] Minimum parking lot setback (front): 50 feet.

[8] Maximum building height: 2 1/2 stories/35 feet.

[9] Off-street parking: as required by the Town Development Ordinance.

(3) Signage requirements for the Onka Bus and Franklin Inn Districts.

(a) Permitted signage and maximum number of signs. Freestanding signage and building-mounted signage shall be permitted in the following manner:

[1] Freestanding signage: Freestanding signage shall only be provided in the form of a hanging sign. Not more than one hanging sign shall be permitted per site. A hanging sign is defined as a freestanding sign that is supported by the extended arm of a single post.

[2] Building-mounted signage: Building-mounted signage shall only be provided in the form of wall or projecting signage. Not more than one wall or projecting sign shall be permitted per business tenant.

(b) Maximum sign area: six square feet per sign.

(c) Maximum height: A hanging sign shall be no greater than six feet in height as measured to the top of the sign with the supporting post no greater than eight feet in height. The maximum height to the uppermost portion of a building-mounted sign shall be 14 feet or the height of the sill or bottom of any second-story window, whichever is less.

(d) Sign design: The signage shall be constructed only of high-quality materials, such as carved wood, architecturally-treated metal, and/or stone. All sign appurtenances, such as mounting brackets for a projecting sign, shall be similarly composed of high-quality materials that are consistent with the design of the sign.

(e) Minimum setback: No part of a sign or sign appurtenances shall be located closer than 10 feet from the front lot line or 20 feet from a side lot line.

(f) Placement of building-mounted signage: Signage shall only be placed on a building facade that faces street frontage. If projecting signage is employed, it shall: be positioned perpendicular to the building facade; not project more than three feet from the building facade, including any sign appurtenances; have at least eight feet of clearance to the ground if located in an area traversed by pedestrians; and not project into an area traversed by vehicles.

(g) Illumination: Only externally-lighted signs shall be permitted. Such lighting shall be of such design so as to illuminate only the face of the sign and shall be of such power minimally necessary for such illumination. The design of such lighting shall be compatible with the historic character of the neighborhood and shall be complementary to design of the sign and building.

(4) Additional development standards. The following development standards shall apply in both the Franklin Inn and Onka-Bus Districts, as may be applicable:

(a) A naturally planted landscape buffer shall be provided between the developed portion of the site and the D&R Canal. The buffer shall be at least 50 feet in width as measured from the edge of the Canal. The buffer shall consist of existing vegetation and such additional native vegetation as is deemed necessary by the Planning Board and the D&R Canal Commission to provide a sufficient visual buffer and to properly restore the Canal bank.

(b) The buffer along the Canal shall be provided in such a manner that allows for possible future provision of a trailway connection between Colonial Park and the D&R Canal towpath.

(c) The Planning Board may modify the fifty-foot landscape buffer for the purpose of allowing an outdoor eating area accessory to a restaurant, provided the following is satisfied: approval of the D&R Canal Commission; minimal removal of existing trees (with replacement of trees removed); bank stabilization and restoration is achieved; sufficient waste collection is provided; the outdoor eating area does not adversely affect the possible future provision of a trailway connection between Colonial Park and the D&R Canal tow path.

(d) The rear warehouse/bus depot portion of the Onka Bus facility shall be removed in association with any proposal for redevelopment of the facility, except if used in association with an art gallery or antique store. If so retained, the exterior of the warehouse/bus depot portion of the Onka Bus facility shall be improved to the satisfaction of the Planning Board.

(e) Redevelopment of the Onka-Bus facility shall incorporate stormwater management improvements sufficient to bring the site into compliance with all applicable requirements.

(f) An outdoor bathroom facility may be provided to the rear of the Franklin Inn building to service the Inn and the adjacent Bridgetender's House.

(g) Redevelopment and rehabilitation of the Onka Bus building shall be done in a manner that substantially improves the aesthetics of the building and that makes the building more in keeping with its adjacency to a historic village and its location within the Delaware and Raritan Canal Historic District.

(h) To the maximum extent possible, alternative paving materials such as pavers shall be utilized in the parking area with asphalt paving limited to areas necessary for handicapped access. Curbing shall be Belgian block.

(i) No outside storage of vehicles or any other equipment or storage shall be permitted.

(j) Redevelopment shall incorporate improvements to the streetscape along Amwell Road consisting of a landscaped front yard between Amwell Road and the building and the parking lot (required above to be set back at least 50 feet from the front lot line) and deciduous street trees along Amwell Road of size, type and spacing consistent with Township standards. The only impervious surfaces permitted within this area shall be access drives leading to parking areas located further back on the site and any curbing and sidewalks which may be provided. If curbing is provided along the Amwell Road frontage, it shall be Belgian block and shall be set back at least 10 feet from the white line delineating the edge of the travelway.

(k) The parking lot setback areas shall contain sufficient and attractive plantings and/or low fencing or walls designed to screen views of the parking lot from adjoining properties and the street.

(l) There shall be no removal of existing trees, except for that minimally necessary and permitted by the D&R Canal Commission for the provision of a trailway connection and the provision of parking behind the Franklin Inn building. If any trees must be replaced, an equivalent number must be planted to replace them.

(m) Fences shall be no more than 50% opaque (i.e., picket or post-and-rall), shall be constructed of wood and shall be no greater than four feet in height. If intended to screen a refuse area, fencing may be more opaque, but shall be constructed of wood and shall be no greater than six feet in height.

(n) The shared use of parking between the two facilities shall be encouraged.

D. Relocation. The plan does not require or propose the relocation of any residents.

E. Property to be acquired. The redevelopment plan may require the acquisition of properties through the use of eminent domain in accordance with the LRHL. This plan authorizes the Township to exercise its condemnation powers on all properties in the redevelopment area, to acquire property or to eliminate any restrictive covenants, easements or similar property interests which may undermine the implementation in the plan. Private acquisition of these properties by the redeveloper shall be pursued prior to any action by the Township.

§ 112-341 Relationship to definitive local objectives.

A. Franklin Township's Master Plan documents set forth a series of planning goals and objectives for the Township. One of the principal themes that runs through the Master Plan, most specifically in the Land Use Element and the Historic Preservation Element, is the preservation of historic resources and historic villages. One of the Master Plan's key planning goals is preserving the character of the Township's historic villages, including East Millstone and Griggstown. Related Master Plan objectives consist of the following: enhancing design standards for villages; discouraging the intrusion of incompatible uses; and maintaining the "hard edge" between villages and environs. The new Master Plan, currently under development, continues the emphasis on historic preservation and maintenance of the character of the Township's historic villages.

B. As mentioned above, these objectives of the Master Plan have guided the development of this redevelopment plan. The "Relationship to plans of other agencies" section, below, describes the relationship of the redevelopment plan to the master plans of contiguous municipalities and the County, the State Development and Redevelopment Plan and the planning policies of the Delaware and Raritan Canal Commission.

§ 112-342 Relationship to plans of other agencies.

The plan is consistent with the master plans of adjacent municipalities, Somerset County and the State Development and Redevelopment Plan (SDRP), as well as the planning policies of the Delaware and Raritan Canal Commission.

A. State Development and Redevelopment Plan.

(1) The redevelopment plan is consistent with and/or implements the historic preservation goals, policies and strategies of the State Development and Redevelopment Plan (SDRP). As one might expect, historic preservation is a key goal of the State Development and Redevelopment Plan (SDRP). In fact, historic preservation is addressed as part of the eight key goals of the SDRP in Goal No. 7: "Preserve and enhance areas with historic, cultural, scenic, open space and recreational value." As well, the following is an SDRP-policy related to historic preservation:

"Protect, enhance and, where appropriate, rehabilitate historic, cultural and scenic resources by identifying, evaluating and registering significant historic, cultural and scenic landscapes, districts, structures, buildings, objects and sites and ensuring that new growth and development is compatible with historic, cultural and scenic values."

(2) The SDRP suggests a number of potential strategies intended to help achieve the SDRP's policy of enhancement, preservation and use of historic assets, including the adaptive reuse of historic buildings and the following:

(a) Historic resources and development regulations. Protect the character of historic sites, landscapes, structures and areas through comprehensive planning, flexible application of zoning ordinances, construction codes and other development regulations.

(b) Historic resources and infrastructure. Locate and design public and private capital improvements to protect historic resources and their settings from the immediate and cumulative effects of construction and maintenance of these improvements.

(c) Identification and delineation of scenic and historic corridors. Participate in the coordination of state, regional and local government identification and delineation of scenic and historic corridors throughout New Jersey, and take the necessary steps to protect them.

(d) Greenways, scenic and historic corridors. Establish within a regional greenway system publicly accessible portions of scenic and historic corridors to provide passive and active recreational and cultural opportunities.

(e) Development patterns and design to support scenic and historic values. Manage development and redevelopment to maintain, complement and enhance scenic and historic values within identified and delineated scenic and historic corridors.

(f) Protection and preservation of scenic and historic corridors. Protect scenic and historic corridors by appropriate means and preserve them by using easement purchase, density transfers, fee-simple purchase and other innovative and effective mechanisms.

(g) Museums. Support museums, libraries, interpretive centers, archives and other public buildings as repositories of past culture and showcases for contemporary culture, and locate them in centers, where appropriate, as interconnected components of community-based learning networks.

(h) Economic development. Use historic preservation as a tool to promote economic development.

(3) The State Development and Redevelopment Plan (SDRP) designates the Township of Franklin within a number of planning areas. All three areas subject to this redevelopment plan are located in the state-designated Rural/Environmentally Sensitive Planning Area (PA4B). According to the SDRP, this planning area consists of rural areas containing valuable ecosystems or wildlife habitats worthy or preservation. The SDRP envisions that any development or redevelopment planned in Rural/Environmentally Sensitive Planning Areas would respect the natural resources and environmentally sensitive features of the area. With respect to historic preservation in Rural/Environmentally Sensitive Planning Areas, the State Plan indicates the following specific policy objective:

"Encourage the preservation and adaptive reuse of historic or significant buildings, historic and cultural sites, neighborhoods and districts in ways that will not compromise. either the historic resource or the ability for a center to develop or redevelop. Outside centers, coordinate historic preservation needs with open space preservation efforts. Coordinate historic preservation with tourism efforts."

B. Delaware and Raritan Canal Commission.

(1) The D&R Canal Commission is responsible for planning for the future of the Delaware and Raritan Canal State Park. The Canal Commission sees an important role for the park that extends beyond its value as a water supply system and popular recreational destination. The Commission envisions the park as a spine for a network of preserved wildlife habitat and recreation sites that extends across central New Jersey, reaching into every community in the region and giving definition to the region. By preserving corridors along these streams as well as other associated natural and historic sites, the Commission envisions a continuous network of open space and historic sites that will help assure the preservation of the physical and historic character of the region.

(2) The Commission's vision is reflected in the development plan for the Delaware and Raritan Canal State Park (2003-2013) adopted by the Commission in February 2003. The development plan outlines 30 projects it wishes to implement in order to further the Commission's principal planning objectives, which include: improved access to the park; restoration of Canal Park's historic structures; and provision of links to neighboring natural and historic places. The development plan acknowledges that implementation of many of these projects will depend on the formation of partnerships with counties and municipalities, with nonprofit environmental and historic organizations and, where appropriate, with corporations and businesses.

(3) Two of the 30 projects identified in the Commission's development plan directly relate to this redevelopment plan. Foremost, the development plan seeks to establish a link to Colonial Park. While Colonial Park adjoins the Canal State Park, there is currently no connection between the parks since the towpath is located on the opposite side of the canal from Colonial Park. Connection of these two parks will further the Commission's objective of providing a regional system of interconnected open space and recreation resources, with the Canal Park serving as the "spine." The development plan identifies the construction of a pedestrian bridge (possibly through the use of Federal T-21 funding) as the potential means of providing this connection. However, with the recent expansion of Colonial Park involving lands adjoining the Franklin Inn/Onka Bus Area, opportunity exists to provide such a connection through the Franklin Inn/Onka Bus site. This redevelopment plan calls for such a connection. The genesis of this idea was the Township's meeting with Commission staff.

(4) Another project potentially affected by this redevelopment plan is the planned restoration and reuse of the East Millstone bridge tender house (which is located immediately adjacent to the Franklin Inn but outside of the redevelopment area). The development plan indicates that the bridge tender house is an important part of the Canal's history and that its restoration and use will increase the public appreciation of the Canal as a historic resource. The proposed restoration and reuse of the adjacent Franklin Inn site would be compatible with the Commission's plans for the bridge tender house, as would the planned improvement of the Onka Bus facility.

(5) Preservation of the historic homes in the Stavola Area (which represent last remaining remnants of a historic mill village) is certainly consistent with the Commission's objective of preserving historic resources along the Canal. The redevelopment plan's proposals regarding the Laurie Rubber area (i.e., redevelopment and/or preservation consistent with the scale and character of the neighborhood) are also consistent with the Commission's planning objectives.

C. Somerset County.

(1) This redevelopment plan is consistent with and will help effectuate the planning goals expressed in the County's planning documents. The Somerset County Master Plan was adopted in 1987. A reexamination of the master plan took place in 1998. The protection and enhancement of historic, cultural and archaeological sites and structures is identified as one of the "key goals" of the County's Master Plan. Other key goals include the preservation of agricultural areas and rural character and the provision of contiguous open space areas. The plan outlines a number of policies, implementation tools and planning strategies intended to further the County's planning goals. The master plan identified increased public awareness, supportive planning measures and financial incentives as key planning strategies for the protection and enhancement of historic, cultural and archaeological sites and structures.

(2) Somerset County is currently in the process of preparing a Smart Growth Strategic Plan (SGSP). The SGSP will serve to update the County Master Plan adopted in 1987 and the 1998 Reexamination Report. The County has developed guiding principles and planning objectives as part of Phase I of the SGSP initiative. Promotion of the County's historic heritage is among the many guiding principles already developed by the County, along with other related items, such as: protection of natural systems; preservation of rural resource areas, farmland and agriculture; and provision of a diverse, interconnected system of preserved open space and a variety of recreational opportunities.

D. Adjacent municipalities.

(1) Borough of Rocky Hill. The Stavola Redevelopment Area is located directly across the D&R Canal and Millstone River from the Borough of Rocky Hill. The Rocky Hill Historic District (which crosses the Millstone River into Franklin Township) was placed on the State and National Registers of Historic Places in 1982. Historic preservation is a key theme of the Borough's Master Plan. The plan indicates that the "perpetuation and protection" of the Borough's historic character is of "utmost importance to the planning goals of the Borough." The plan outlines a number of policies, strategies and planning standards intended to further the County's planning goals. Principal to the Borough's vision is perpetuation of the historic development pattern and character via protection of the Borough's historic core and the retention of the low-density green belt surrounding it. By preserving the historic development pattern and planning for the preservation of historic structures, the redevelopment plan is consistent with the Rocky Hill Master Plan.

(2) Borough of Millstone.

(a) The Laurie Rubber and Onka Bus-Franklin Inn areas are located in the East Millstone area of the Township. The East Millstone area is located across the D&R Canal and Millstone River from the Borough of Millstone. These two communities are separated from one another approximately 1/4 mile and are connected across the D&R Canal and Millstone River via the Millstone Causeway.

(b) Historic preservation is important in Millstone. The area was settled during colonial times and played a significant role during the American Revolution. The construction of the Delaware and Raritan Canal in the 19th century solidified its importance to the region. A significant portion of the Borough is located within a historic district placed on the State and National Registers of Historic Places. According to the Borough's Vision Plan 2004, "preservation of historic, culturally and architecturally significant sites and important visual features play an important role in maintaining the historic small town character of Millstone." The Borough is currently in the process of developing a new master plan that principally seeks to preserve and enhance the historic nature of Millstone while addressing the Borough's affordable housing obligations and other planning objectives. This redevelopment plan is consistent with the Borough's planning efforts.

§ 112-343 Administrative and procedural requirements.

A. Amending the redevelopment plan. Upon compliance with the requirements of applicable law, the Township Council may amend, revise or modify the redevelopment plan, as circumstances may make such changes appropriate.

B. Duration of plan. The plan, as amended, shall be in full force and effect for 30 years from the date of approval of this plan by the Township Council.

C. Conveyance of land. The Township Council may sell, lease, or otherwise convey to a redeveloper for redevelopment, subject to restrictions, controls and requirements of this redevelopment plan, all or any portion of the land within the redevelopment area which becomes available to disposal by the Township as a result of public action under this plan.

§ 112-344 Additional requirements.

The following restrictions and controls on redevelopment are hereby imposed in connection with the selection of a redeveloper and shall apply notwithstanding the provisions of any zoning or building ordinance or other regulation now or hereafter in force. The restrictions shall be implemented by appropriate covenants or other provisions in redeveloper agreements and/or disposition instruments.

A. Applicants for designation as redeveloper must submit the following materials to the designated entity for review and approval:

(1) Documentation evidencing financial responsibility and capability with respect to the proposed development;

(2) Estimated offering price and deposit for acquisition of any land(s) to be acquired from the municipality for development;

(3) Estimated total development cost;

(4) Fiscal impact analysis addressing the effect of the proposed project on municipal services and taxes;

(5) Estimated time schedule for start and completion of development; and

(6) Concept plans and elevations sufficient in scope and detail to demonstrate the design, architectural concepts, parking, traffic circulation, landscaping, active and/or passive recreation space for all uses.

B. The redeveloper will be obligated to carry out the specified improvements in accordance with the redevelopment plan.

C. The redeveloper, its successors or assigns shall devote land within the redevelopment area to the uses specified in the redevelopment plan.

D. The redeveloper shall begin or complete the development of said land for the use(s) required in this redevelopment plan within a period of time that the Township Council fixes as reasonable.

E. Until the completion of the improvements, the redeveloper will not be permitted to sell, lease, or otherwise transfer or dispose of property within the redevelopment area without prior written consent of the Township Council, except that this condition shall not apply to any lender to the redeveloper in connection to the plan.

F. The Township may designate a redeveloper for a portion of the redevelopment area with or without undertaking a request for proposals (RFP) process.

G. Upon completion of the required improvements, the conditions determined to exist at the time the redevelopment area was determined to be in need of redevelopment shall be deemed to no longer exist, and the land and improvements hereon shall no longer be subject to eminent domain as result of those determinations.

H. No covenant, agreement, lease, conveyance, or other instrument shall be effected or executed by the redevelopers, the Township Council, or the successors, lessees, or assigns of either of them by which land in the redevelopment area is restricted as a sale, lease, or occupancy upon the basis of race, color, creed, religion, ancestry, national origin, sex, or marital status.

I. Neither the redeveloper nor the Township Council, nor the successors, lessees, or assigns of either of them, shall discriminate upon the basis of race, creed, religion, ancestry, national origin, sex, or marital status in the sale, lease or rental of the use and occupancy of land or improvements erected or to be erected thereon, or any part thereof, in the redevelopment area.