Article IV Development Requirements and Standards

The Board shall consider pedestrian and vehicular traffic movement within and adjacent to a lot or tract with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods and vehicles from access roads, within the lot or tract, between buildings and between buildings and vehicles. In site plans, the Board shall determine which roads shall be public and which shall remain private.

The Board shall ensure that all parking areas are landscaped and spaces are usable and are safely and conveniently arranged. Access to a lot or tract from adjacent roads shall be designed so as to interfere as little as possible with traffic flow and to permit vehicles a safe ingress and egress to the lot or tract.

The circulation plan of each development shall reflect the Master Plan's circulation plan element. Major access improvements in critical environmental areas shall be discouraged. The location and provision of bikeways, sidewalks and other pedestrian linkages shall be encouraged and clearly indicated.

Applicants shall be encouraged to develop and implement mass transit programs and to minimize the use of private automobiles wherever possible. These programs may include the use of vans, carpooling, construction of bike paths and bike storage areas and construction of convenient bus pickup and drop-off points. In order to minimize peak-hour traffic impacts, applicants shall encourage staggered starting and quitting times and changes in work hours where appropriate and include the details within the application to the Board.

All development adjacent to or otherwise involving New Jersey State Highway Route 23 shall conform with the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the State Highway Access Management Act, N.J.S.A. 27:7-91. Any development adjacent to or involving a county road within the Borough shall conform with the Access Management Code adopted by the County of Sussex, N.J.S.A. 27:16-1. Land development adjacent to or involving an existing or proposed municipal street shall conform with any municipal access management code adopted pursuant to N.J.S.A. 40:67-1.

Pedestrian walkways and bikeways shall be designed where appropriate to follow scenic routes and vistas and to promote access to points of interest.

Design and building layout.

The design and layout of buildings and parking areas shall be aesthetically pleasing and provide for efficient arrangement. Particular attention shall be given to energy conservation, safety and fire protection and impact on surrounding development. Architectural design shall be compatible with the environmental and natural characteristics of the tract and the surrounding neighborhood.

In order to promote the general welfare and with a view of encouraging the most appropriate use of land throughout the Borough of Franklin, no permit shall be issued by the Construction Official for the construction or alteration of a building, structure or addition thereto or for any use of land when such construction or use will adversely affect the use and enjoyment of adjacent or nearby property or the health and welfare of residents in the Borough.

Fire escapes shall be constructed only against the side or rear wall of a building and shall be located and/or screened so as not to detract from the appearance of such buildings.

All new buildings shall strengthen the particular design features of their locale, by, for example, framing scenic views, defining and inviting the use of open spaces or continuing particular and desirable design features or statements.

The rhythm of structural mass to voids, such as windows and entries, of a front facade shall relate to rhythms established in adjacent buildings if the rhythms of such adjacent buildings are aesthetically pleasing.

If several storefronts are to be located in one building or are to be developed on lots where zero lot lines are permitted or required, such storefronts shall be unified in overall design treatment, particularly as to the design of windows and door openings, and the use of materials and colors. All storefronts shall include display windows with a sill height of not more than two feet from grade. Strip-mall development is prohibited. Commercial buildings containing separate stores or open spaces shall be designed with architectural relief and interesting facade treatment to suggest the creation of separate spaces instead of repeated spaces of the same visual appearance.

All building additions shall be designed to reflect the existing building in terms of scale, materials, fenestration and color. A change in scale may require a transitional design element between the addition and the existing building. Facade renovations should include as few different materials as possible.

Where large structures are required, massing and blank walls shall be avoided as much as possible and, where necessary, relieved by variation and architectural relief and details. Excessively expansive blank walls are prohibited. No building shall measure longer than 80 feet on any plane. Building offsets shall be provided along each building wall to relieve the visual effect of a singly long wall. Rooflines shall also be varied. An individual building shall use a combination of story heights to provide further visual relief. Building designs should incorporate details such as masonry chimneys, cupolas, dormers and similar features of architectural appeal.

(9)

Roof shape and material shall be architecturally compatible with the rest of the building and shall reflect surrounding patterns. Unless necessary pursuant to construction, architectural, engineering or safety standards, flat roofs shall be prohibited. Mansard roofs are discouraged except to soften or otherwise improve the appearance of a predominantly flat roof. Gable, hip and gambrel roofs are favored.

(10)

Materials shall be selected for suitability to the type of buildings and the design in which they are to be used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

(11)

Colors shall be selected to be harmonious. Only compatible accent colors shall be used. Building colors should reflect earth tones or historical colors. Accent or complimentary colors, harmonizing with the main color, may be used for trim, awnings and other accents. Metal awnings are prohibited.

(12)

Facade renovations shall not destroy or cover details on a building of historic or architectural interest.

(13)

In renovation projects, prevailing natural materials and themes shall be retained. Facades of natural materials such as stone, wood siding and brick shall not be covered with artificial siding or panels except for good cause shown. If an original material is or appears most appropriate on a facade, such material, if available, shall be used for renovations and additions. Roof cornices shall be retained, repaired, replaced or added where appropriate. When replacing windows on a facade, windows and window trim of the same size and character of the original shall be used.

Environmental considerations. Environmental elements relating to prevention of soil erosion, protection of significant vistas or views, preservation of trees and protection of watercourses, resources, topography, soil and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements.

Historic preservation.

Continued use of historic sites through adaptive reuse should be encouraged.

Appropriate alterations of historic sites and improvements within historic districts shall be encouraged while new construction which is not in keeping with the character of historic districts and sites shall be discouraged.

Landscaping.

Landscaping shall be provided as part of any overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping includes trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and/or the use of building and paving materials in an imaginative manner.

The existing sense and appearance of any natural scenic qualities on a tract shall be retained by the careful placement of buildings and improvements.

Buffering.

Buffering shall be located to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may include but not be limited to fencing, walls, evergreens, shrubs, landscaping, berms, rocks, boulders, open space, ponds, steep slopes, deciduous trees, or combinations thereof, to achieve the stated objectives.

Extensive buffering shall be required where intensive land uses abut less intensive uses. Existing natural vegetation, if appropriate for the above-stated purposes, shall be retained.

Open space.

Open space shall be provided as part of a site plan and shall serve as a buffer and/or help integrate buildings and uses. Undeveloped open space should have as a prime objective the preservation of a tract's natural amenities and vistas. Ponds, rock outcroppings, wooded areas, steep slopes, ravines and streambeds are prime lands recommended for undeveloped open space.

Open spaces shall be so located as to provide for maximum usability and to create a harmonious relationship between buildings.

Signs.

Signs shall be designed so as to be aesthetically pleasing, coordinated with other signs on the site and in the area through a master signage plan and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

Design theme. There should be a coordinated graphics design theme throughout any site plan. The design theme shall include style and size of lettering, construction materials, colors, location, type of pole or standard, size and lighting. Color of letters and background should be carefully considered in relation to the color of the material or buildings or where the signs are proposed to be located.

Location. Signs should be located so as not to create a hazard. The location of signs should be selected in terms of traffic visibility.

Utilities.

The storm drainage system, sanitary waste disposal system, water supply system, solid and wet waste collection and disposal plan and electrical and other distribution systems shall be reviewed and approved.

The requirements of underground utilities shall apply to all new developments.

Particular emphasis shall be given to the protection of delineated floodplains, preservation of stream corridors, establishment of drainage rights-of-way, analysis of the adequacy of existing systems and the need for improvements, both on site and off site, to adequately control the rate, volume and velocity of storm drainage, provide for treatment of effluent and to maintain an adequate supply of potable water at sufficient pressure.

In such event that they cannot be installed underground, facilities such as pumping stations or transformers shall be enclosed in buildings or effectively screened with landscaping and/or buffering as approved by the Board.

Any proposed development which shall be adjacent or proximate to, or otherwise involve, potable water supply reservoirs or wells shall include adequate and suitable protections for such potable water supply from pollution or other degradation of water quality resulting from the development, or other uses of surrounding land areas. All such provisions shall be in accordance with any siting, performance or other standards or guidelines adopted therefore by the New Jersey Department of Environmental Protection.

Street furniture. The site plan shall provide for those elements of street furniture made of the same or similar materials to ensure design continuity and be appropriate to the particular use. These may include, but not limited to, phone booths, benches, bike racks, trash receptacles, bus shelters, tree planters and directories.

Topsoil protection. To the extent practicable, no topsoil shall be removed from the site or used as spoil. Topsoil stripped and stockpiled during the course of construction shall be redistributed so as to provide at least four inches of even cover to all areas of the development and shall be stabilized by seeding or planting.

Farmland preservation. In any design involving farmlands, to the greatest extent practicable, protect and preserve the integrity and viability of a working farm and the visual environment of the farm by reasonable concentration and arrangement of buildings and other improvements and preservation of open fields.

Conformance with Master Plan or Official Map.

All developments shall conform to the proposals and conditions shown upon the Master Plan.

Streets, public drainageways, flood control basins and other public areas shown on the Master Plan shall be shown on the plan of a proposed development in locations and sizes suitable to their intended uses. The Board may reserve the locations and extent of such public areas in accordance with the requirements of N.J.S.A. 40:55D-44.

§ 161-24 Specific design standards.

Blocks. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required in the area by this chapter and to provide for convenient access, circulation control and safety of street traffic.

Lots.

Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Where extra width has been dedicated for the widening of existing streets, lot areas shall begin at such extra line and setbacks shall be measured from such line.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as but not limited to wetlands, rock formations, areas of subsidence or flood conditions, the Board may withhold approval of such lots.

General buffers.

General.

Visual screens provided through landscaping shall be designed in such a manner as to provide a barrier on a year-round basis around the view of the area to be screened.

Existing vegetation within the buffer shall be preserved, where possible, and supplemented with plantings and other buffer devices to provide screening of residences.

Buffer dimensions shall be measured from property lines.

Within any buffer area, utilities, driveways and streets may be permitted to cross at right angles to the buffer.

No buildings, signs (other than directional signs), structures, storage of materials or parking shall be permitted within the buffer area.

All plantings shall be installed according to accepted horticultural standards.

When required. Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Board determines that there is a need to shield the site from adjacent properties to minimize adverse impacts such as incompatible land uses, noise, glaring light and traffic. In small lot developments, when building design and siting do not provide privacy, the Board may require landscaping, fences or walls to ensure privacy and screen dwelling units.

Dimensional requirements. Where more intensive land uses abut less intensive uses, a buffer strip of a width of not less than 10 feet shall be designed and maintained. The length of such strip shall be designed to fulfill the function identified in Subsection C(1) of this section. Parking areas, garbage collection and utility areas and loading and unloading areas shall be buffered around their perimeter by a buffer strip having a minimum width of 10 feet. Where residential subdivisions abut higher order streets such as collectors or arterials, lots should front on lower order streets, and a landscaped buffer area shall be provided along the roadway. The buffer strip shall be a minimum of 35 feet wide but not to exceed 10% of any single lot area. For reasons of public health, safety or welfare, these requirements may be reasonably increased by the Board. Trees and shrubs shall be required in such instances.

Design. Arrangement of plantings in buffer shall provide maximum protection to adjacent properties and avoid damage to existing plant material. The plantings may be arranged in parallel, serpentine or staggered rows. If planting berms are used, the minimum top width shall be four feet and the maximum side slope shall be 2:1. No berm shall be so high in height or mass as to be disproportionate to the characteristics of its setting.

Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the developer during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

Basic standards. The following buffer requirements shall apply unless it is shown or apparent to the Board that an alternative arrangement is more suitable:

Along the side and rear lot lines of all commercial industrial and other nonresidential uses: 10 feet.

Along the front lot line of the commercial, industrial and other nonresidential uses: 20 feet.

Along the rear lot lines of nonresidential uses that abut residential zones and uses: 50 feet.

Along the front lot lines of multifamily residential uses: 50 feet.

Buffers need not be added cumulatively to setback requirements; a buffer area shall instead be an overlay of a required setback.

Landscaping.

All lots, regardless of the type of use, shall have a minimum of 15% of the lot landscaped. All areas not occupied by buildings, parking areas, patios, walkways and/or any other impervious surface shall be suitably landscaped. No landscaping shall interfere with required sight triangles.

Deciduous trees shall have at least a three-and-one-half-inch dbh and 12 feet in height at planting, and evergreen trees shall be at least six feet tall. All trees shall be balled and burlapped and be of specimen quality as established by the American Association of Nurserymen.

Any landscaping which, within two years of planting, dies, for any reason, shall be replaced by the developer(s) at his expense by means of an agreement.

The following principles shall be considered:

Landscaping shall be located to provide for climate control.

Landscaping shall be used to accent and complement buildings.

Landscaping shall be provided in public areas, parking areas, recreation sites and adjacent to buildings.

Vines and climbing plants shall be considered for large expanses of wall.

Massing trees shall be considered at critical points.

Smaller trees shall be used on narrow streets.

Ground cover shall be used to prevent erosion.

A variety and mixture of landscaping shall be provided. Consideration shall be given to susceptibility to disease, colors, season, textures, shapes, blossom and foliage in selecting species.

Local soil conditions and water availability shall be considered in the choice of landscaping.

Existing trees located within 10 feet of any street right-of-way shall be maintained unless shown to be removed as part of an approved plan. The existing grade within that space shall not be disturbed without such approval.

Entrances to nonresidential lots shall be given special landscaping treatment.

(l)

The impact of any proposed landscaping plan at various time intervals shall be considered. Shrubs may grow and eventually block sight distances. Foundation plants may block out buildings.

(m)

Existing large trees (more than six-inch dbh) shall be saved by not varying the grade around the trees by more than six inches to 12 inches within the drip circle, by construction of tree wells and by erecting protective fences. Clumps or masses of trees shall be protected. All buildings shall be sited to preserve the maximum number of trees on the site.

(n)

Landscaping in parking areas shall be provided in accordance with this article.

(o)

Impervious materials shall not be used in any landscape area. Weed retardant mulch, porous nonwoven synthetic landscape fabric or other materials shall be used.

(p)

Decorative stones are discouraged as a ground cover. Vegetative ground cover is encouraged.

Fences and walls. All of the regulations of this section apply to both residential and commercial zones unless noted.

[Amended 11-24-2020 by Ord. No. 12-2020]

Fences and freestanding walls in excess of 18 inches in height shall be considered as accessory structures and are permitted in accordance with the standards set forth. Fences or freestanding walls that are 18 inches or less in height are not subject to regulation.

Fences 48 inches or higher require a permit from the zoning officer. Lower fences do not require a permit. Repairs and replacement in the same location and with the same material do not require a permit.

Solidity of fence/height of fence.

The calculation of the percentage of a fence considered to be "solid" is based on the total area of the solid elements of a fence (whether or not an element is clear, transparent or translucent) divided by the total area of the fence. The area of the solid elements shall not include the posts nor any typical crossmember/stringer of a fence panel to support or stiffen the same. The fence area shall be the area enclosed by the geometric shape formed by connecting each point on the outer edges of the solid elements of a section of fence between two posts (i.e., "the panel"). Mesh privacy screening on a fence shall be considered 100% solid.

The nominal height of a fence shall be measured from the lowest point of the bottom of the panel to the highest point of the top of the panel. The elevation height of a fence shall be calculated by measurement from the finished grade plus two inches for ground clearance. If the grade below a fence panel is uneven, a maximum variance of eight inches across the width of the panel is allowed. If the topography is sloped, the fence panels may be installed in a "stepped fashion" or sloped with the grade. Posts and similar elements shall not be included in the height measurement provided they do not exceed the height of the panels by more than one foot.

General principles and restrictions.

The finished side of all fence surfaces shall face adjacent properties and side streets.

No fence shall be erected of barbed wire, razor wire or concertina wire or contain an electric charge or similar harmful elements. This restriction shall be inapplicable to barbed wire or electric fences used on farms. This restriction on electric fences shall be inapplicable to fences meeting UL standards and installed per manufacturer's standards and latest NEC standards and used as a means to enclose, corral or protect animals, crops or vegetation, provided warning signs are placed on the fence and the area enclosed is reasonably located to effectuate the purpose of the fence. In a commercial zone, a fence enclosing a lot may be topped by no more than three strands of barbed wire, which wire is no closer to the ground than six feet.

Subject to Subsection E(4)(b) above, no fence or wall shall be constructed in any manner or location that renders it dangerous to persons, animals or property.

No fence or wall shall be erected in a prescribed sight triangle or so as to interfere with the required sight distance for a driveway or in a location that presents a hazard to the safe operation of a motor vehicle.

No fence anywhere in a front yard, including a fence running along or approximately parallel to a side lot line within a front yard, shall be more than four feet in nominal height or four feet two inches in elevation height or more than 50% solid. In a commercial zone, no fence anywhere in a front yard, including a fence running along or approximately parallel to a side lot line within a front yard, shall be more than six feet in nominal height or six feet two inches in elevation height or more than 50% solid. In an industrial zone, the height limit shall be eight feet in nominal height or eight feet two inches in elevation height.

No fence, running substantially along a rear lot line, or approximately parallel thereto, or otherwise in a rear yard, and no fence running substantially along a side lot line or approximately parallel thereto or otherwise in a side yard, shall exceed six feet in nominal height or six feet two inches in elevation height. However, where a rear yard or side yard of a corner lot abuts a side lot line and front yard of an adjacent lot, then in no event shall a fence in such rear or side yard on the corner lot exceed four feet in nominal height or four feet two inches in elevation height, or be no more than 50% solid for such portion thereof which lies parallel to or otherwise substantially alongside the front yard of the adjacent lot.

Fences and walls shall not be erected in a street right-of-way, but may be erected on the lot side of a street right-of-way, provided they are set back a minimum of six inches from the right-of-way and are not installed so as to constitute a traffic or other hazard.

Walls of masonry or natural stone (not retaining walls), such as New England drywalls and rows of fieldstone, shall not exceed a height of four feet.

The following fences and fencing materials are specifically prohibited or regulated as follows:

Barbed wire, razor wire, concertina wire or other hazardous construction or material except as permitted in Subsection E(4)(b) above;

Canvas, fabric or cloth fences, except electrified ribbon or mesh fences as permitted in Subsection E(4)(b) above. This does not prohibit installation of mesh privacy screening on a permitted fence, provided it does not render such fence in violation of the limits of solidity;

Electrically charged fences except as permitted in Subsection E(4)(b) above;

Temporary fences, such as snow or silt fences, except as the latter may be necessary during development or other approved land disturbance or to actively control snow or to enclose, corral or protect animals, crops or vegetation or temporarily restrict access whereas access would present a potential for property damage or personal injury, provided the same do not remain in place for more than 180 days consecutively or 180 days nonconsecutively in any 365-day period;

Plastic slats or other inserts in chain link fences;

Any fence, wall or similar structure which substantially cuts off light or air or which may cause a nuisance, dangerous condition or a substantial fire-fighting impediment is prohibited.

Chain link or other wire fencing shall be installed such that the closed loop edge shall be at the top, and no part of such fencing shall be located within a front yard, including a fence running along or approximately parallel to a side line within a front yard.

(l)

Swimming pool fences. Every private swimming pool shall have a fence enclosure which complies with International Building Code. No electric fence shall be installed to enclose a pool or within eight feet of a pool.

(m)

Any fence or wall installed along a property boundary line shall be set back from the line a minimum of six inches.

(n)

A fence installed along the top of a retaining wall shall be a minimum of three feet in height, or such height as required by the building code, whichever is greater. The total height of a retaining wall and the fence along the top thereof shall not exceed eight feet. In commercial zones, the height shall not exceed 10 feet.

(o)

The total height of a berm and a fence on top thereof shall not exceed eight feet from the average survey grade at the base of the berm.

(p)

The provisions hereof shall not apply to fences or walls which legally existed or for which permits have been issued as of the effective date of this subsection, provided the owner can produce credible proof of the same. The same may be maintained and repaired, but should more than 50% of any fence or wall require replacement or be voluntarily replaced after the effective date hereof, the same must comply with the requirements herein.

Lighting

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

Only shielded light fixtures shall be used.

Where used for commercial and industrial purposes or for sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and shall comply with the following:

Light fixtures used to illuminate flags, statues or other objects mounted on a pole, pedestal or platform shall use a narrow column beam of light that will not extend beyond the maximum extensions of the illuminated object.

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

Externally illuminated building identification or other signs shall only use shielded light fixtures mounted on top of the sign structure.

All other outdoor lighting shall use shielded light fixtures.

The design and installation of outdoor lighting on a site shall be constructed so as to conform to the following standards:

All outdoor lighting during nonoperating hours of the business on site not necessary for safety and security purposes shall be reduced, activated by motion-sensor devices or turned off.

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

All light fixtures shall be designed, installed and maintained to prevent trespass light.

Illuminance requirements.

Streetlighting. Average maintained illuminances shall not exceed Illuminating Engineering Society of North America (IESNA) recommendations. Illuminating Engineering Society of North America (IESNA) average to minimum illuminance uniformity ratios are to be used for design roadway lighting.

Outdoor parking facilities. Average maintained illuminances and uniformity ratios shall not exceed Illuminating Engineering Society of North America (IESNA) recommendations.

Walkways. Minimum average footcandles shall be as follows:

Sidewalks (roadside):

[i]

Commercial: one.

[ii]

Residential: 0.2.

Walkways, stairways and bikeways (distant from roadways): 0.2.

The maximum height of freestanding lights shall not exceed the height of the principal building or 18 feet, whichever is less.

The style of the light and light standards shall be consistent with the architectural style of the principal building or surrounding area.

Floodlight-type fixtures attached to buildings shall be prohibited.

Freestanding lights shall be so located and protected to avoid being damaged by vehicles.

The maximum illumination at property lines shall be 0.1 footcandle at grade.

All wiring shall be laid underground.

Screening of exterior mechanical equipment.

Electrical and mechanical equipment shall be located within the interior of a building wherever possible. When an interior location is not practical, such equipment shall be placed in a location where it can be substantially screened from public view. Roof-mounted equipment shall be hidden with parapets or screens of materials which are in harmony with the building's architecture.

Process equipment such as stacks, hoppers, compactors, bins, storage vessels, blowers, compressors, piping, ducting, conveyors and the like shall be located and screened so as to minimize the visual impact on adjacent properties.

Ground level utilities shall be screened so as to be unobtrusive when viewed from the public rights-of-way and adjacent uses.

Monuments. Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9.11q (the Map Filing Law). Monuments may be required delineating critical area easements and conservation easements at the discretion of the Board.

Storage and disposal of waste.

Outdoor refuse and recycling containers shall be visually screened within a durable enclosure so as not to be visible from adjacent lots or sites, neighboring properties or streets.

No refuse and recycling storage areas shall be permitted between a street and the front of a building.

No refuse and recycling storage area shall be located so as to prevent natural runoff from such areas or impair the existing water quality of any stream, watercourse or aquifer.

All materials or wastes which might cause fumes, dust, odor or which constitute a fire hazard or which may be edible or otherwise attractive to rodents, bears or insects shall be stored outdoors only if enclosed in sealed and covered containers which are adequate to eliminate such hazards.

Refuse and recycling collection areas shall be effectively designed to contain all refuse generated on site and deposited between collections.

Refuse and recycling collection enclosures shall be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.

Refuse and recycling collection areas shall be located to provide clear and convenient access for refuse collection vehicles.

Medical, hazardous or other regulated waste shall meet the state and federal standards for such materials.

Recycling facilities for new multifamily housing developments.

There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located.

The recycling area shall be conveniently located for the disposition of source-separated recyclable materials by residents of the multifamily housing development, preferably near, but clearly separated from, a refuse dumpster.

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.

Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

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

Streets.

All streets shall be constructed in accordance with the Borough's road standards. Where applicable, the Residential Site Improvement Standards, as amended from time to time, shall apply.

The arrangement of streets shall be such as to provide for the appropriate extension of existing streets. New road systems shall be in accordance with the Master Plan.

Minor streets shall be so designed as to discourage through traffic.

Developments abutting through traffic streets may be required to provide a marginal service road or some other means of separation of through and local traffic as the Board may determine. Major arterial streets shall not be entered by new streets other than major collector streets.

Developments which adjoin or include existing streets and the streets do not conform to widths, as shown on the Master Plan, or the street width requirements of this chapter, shall dedicate, by deed, additional width along either one or both sides of said street. If the development is along one side only, 1/2 of the required extra width shall be dedicated. Minimum street standards shall be as follows:

Type of Street	Right-of-Way Width (feet)	Pavement Width (feet)
Arterial	66	48
Collector	50	30 to 36
Minor	50	22 to 30

Grades of through traffic streets and collector streets shall not exceed 10%. Grades on other streets shall not exceed 12%. Streets shall have a minimum grade of 1%.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the property line with a curve radius of not less than 25 feet.

Street jogs with center line offsets of less than 125 feet shall be prohibited.

(9)

A tangent at least 100 feet long shall be introduced between reverse curves on through traffic and collector streets.

(10)

When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a center line radius of not less than 100 feet for minor streets and 300 feet for through traffic and collector streets.

(11)

All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

(12)

Dead-end streets (culs-de-sac) shall provide a turnaround at the end with a pavement radius of not less than 40 feet and tangent, whenever possible, to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions shall be made for future extension of the street, reversion of the excess right-of-way to the adjoining properties and removing cul-de-sac pavement.

Street appurtenances.

No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

Guiderails shall be designed to prevent cars from leaving the road. They shall be installed where danger exists to the traveling public due to steep topography, narrow roadways, location of drainage ditches or other similar conditions.

Streetlights shall be installed at street intersections, along vertical and horizontal curves and at the end of dead-end streets. Lights shall be spaced approximately 300 feet apart. Light output shall be appropriate for the specific location in accordance with standards recommended in the current edition of the Illuminating Engineering Society, IES Lighting Handbook.

Sidewalks shall be concrete and shall have a minimum width of four feet. Sidewalk areas shall be landscaped and durably paved and shall be properly illuminated with adequate lighting as per this section.

Traffic signs and control devices. These improvements, such as "Stop," "Yield" and "One-Way" signs, etc., shall be designed and installed in accordance with applicable federal, state, county and municipal regulations. Recommendation as to their installation may be made by the Police Department or other competent agency and may have to be approved by ordinance.

Street trees shall be required on all development applications.

When trees are planted at predetermined intervals along streets, spacing shall depend on tree size and species. Generally trees expected to reach a height of 40 or more feet shall be planted at intervals of 50 feet to 75 feet. Trees of an expected height of 30 feet to 40 feet shall be planted at forty- to fifty-foot intervals. Small trees shall be planted at intervals of 30 feet to 40 feet. When spacing intervals exceed 40 feet, small ornamental trees should be spaced between the larger trees. If a street canopy effect is desired by the Board, trees may be planted closer together following the recommendations of the certified landscape architect. All trees shall be planted so as not to interfere with utilities, roadways, sidewalks, site easements or streetlights. Tree location, landscaping design and spacing plan shall all be approved by the Board as part of the landscape plan.

Trees shall be nursery-grown stock of not less than 3 1/2 inches in caliper at breast height (dbh), with branches commencing not less than eight feet above grade when planted and staked in an approved manner. Where there is adequate existing growth, the Board may waive this requirement.

Street furniture. The site plan shall provide for those elements of street furniture made of the same or similar materials to ensure design continuity and be appropriate to the particular use. They may include phone booths, benches, bike racks, trash receptacles, bus shelters and landscaping planters. All trash receptacles shall be adequately secured, enclosed and screened on all sides by landscaping or other types of attractive materials.

Sight triangles.

Sight triangles shall be required at each quadrant of an intersection of streets in order to provide clear site vision at intersections. The area within such sight triangles shall either be dedicated as part of the street right-of-way or maintained as part of the obligation of the ownership of the lot adjoining such street or streets, and which shall be set aside on a respective plat or plan as a sight triangle easement.

Within a sight triangle easement, no grading, planting or structure shall be erected and maintained more than 30 inches above center line grade of either intersecting street or driveway or lower than eight feet above their center lines, including utility poles, but excluding street name signs and official traffic regulation signs. Where any street or driveway intersection involves earthen berms or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.

The sight triangle shall be that area bounded by the intersecting street lines and a straight line which connects sight points located on the two intersecting street lines the following distances away from the intersecting street lines:

Arterial streets at 130 feet.

Collector streets at 60 feet.

Primary and secondary local streets at 35 feet.

Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 35 feet with respect to the intersecting street. Classification of existing and proposed streets shall be by those shown on the Master Plan, this chapter or as designated by the Board at the time of the application for approval of a new street not included herein.

A sight triangle easement dedication shall be expressed on the plat or plan as follows:

Sight triangle easement subject to grading, plant and construction restrictions as provided pursuant to the Franklin Borough Land Use Ordinance Chapter. Portions of a lot set aside for a sight triangle may be calculated and determining the lot area may be included in establishing the minimum setbacks.

The property owner shall maintain the sight triangle.

Off-street parking/handicap parking.

Where applicable, the Residential Site Improvement Standards, as amended from time to time, shall apply.

Off-street parking and loading areas shall be coordinated with the public street system serving the area in order to avoid conflicts with through traffic, obstruction to pedestrian walkways and vehicular thoroughfares. Shared parking among mixed uses shall be encouraged.

A minimum of 15% of any surface parking facility containing more than 10 spaces shall be landscaped and shall include one shade tree for every 10 parking spaces. Shade trees shall be a minimum 3 1/2 inches in caliber and a installed height of 12 feet.

All parking and loading areas abutting mixed-use/residential areas shall be buffered about their periphery with landscaping and/or fencing.

All parking and loading areas for nonresidential uses shall be graded and paved and shall be adequately drained.

Dimension of parking spaces. Every such space provided shall measure at least nine feet in width and 18 feet in length, exclusive of access drives and aisles. Hairpin striping shall be required. End-to-end parking spaces shall measure not less than eight feet in width by 23 feet in length. Twenty percent of required parking spaces may be compact spaces measuring 8.5 feet in width by 15 feet in depth.

Width of aisles. The width of all aisles providing direct access to individual parking spaces shall be in accordance with the requirements set forth below. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90°.

	Parking Angle (degrees)	Aisle Width (feet)
	0 (end-to-end parking)	12
	30	12
	45	13
	60	18
	90 (perpendicular parking)	24

There shall be adequate provisions for safe and convenient ingress and egress to all parking areas.

Every parking area shall have direct access to a street or alley and shall conform with the following:

Driveways shall have a minimum width of 12 feet for one-way traffic and 30 feet for two-way traffic.

Maximum grade of nonresidential parking areas.

	Areas	Maximum Grade (percent)
	Parking spaces and service aisles	4%
	Main approach walkways to buildings	4%
	Collector or other service walkways	6%
	Swales	5%
	Driveway entrances and exits up to 25 feet from right-of-way line	2%
	Driveway entrances and exits beyond 25 feet from right-of-way line	10%

(9)

Acceleration and deceleration lanes.

The Board, at its discretion, may require roadway widening or other street improvements, including acceleration and deceleration lanes, to assure safe ingress and egress where minimum sight distances cannot be obtained. The following minimum standards are recommended:

	Acceleration Lanes (feet)		Deceleration Lanes (feet)
Legal Speed Limit (mph)	Full Length	Taper	Full Length	Taper
25 to 39	200	150	150	200
40 to 49	350	200	200	250
50 or more	450	250	250	300

The area behind the taper shall be cleared of all obstructions for an appropriate distance from the center line of the road to eliminate any hazardous conditions.

(10)

All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work, service or storage of new or used motor vehicles, materials or merchandise of any kind shall be conducted on such parking area.

(11)

Sidewalks in parking areas. Sidewalks shall be required between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic occurs. They shall have a minimum of four feet of passable width and shall be raised a maximum of six inches above the parking area except when crossing streets or driveways. Guiderails shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas unless an additional sidewalk width of two feet is provided to accommodate such overhang.

(12)

Landscaping, paving and drainage for parking areas.

Amount required. In parking lots containing more than 10 spaces, at least 15% of the interior parking area shall be landscaped with plantings. Parking lot street frontage screening and perimeter screening shall be a minimum of 10 feet wide. Planting required within the parking lot shall be exclusive of other planting requirements. Planting islands and landscaping areas within a parking areas shall, to the greatest practicable extent, be randomly located so as to lend visual interest and avoid a sense of parking area expanse. The Board may require additional parking space or snow disposal areas or easements to insure that this section is adequately reconciled with effective parking requirements following significant snow events.

Isolated locations. Landscaping shall be located in protected or isolated areas such as along walkways, in center islands at the end of bays or between parking stalls. All landscaping in parking areas and on street frontage shall be placed so that it will not obstruct sight distance.

Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees shall be planted; the area between trees shall be planted with shrubs or ground cover or covered with mulch.

All open parking areas containing six or more parking spaces shall be effectively screened by densely planted compact evergreen hedge not less than six feet high with respect to all sites where such parking adjoins any property situated in a residential district and where otherwise needed to insure privacy for residential properties. Parking areas shall be arranged and designed so as to prevent damage to or intrusion into existing vegetated areas. Planting areas shall be incorporated between rows of stalls and trees; flowers and shrubbery shall be grown therein and properly maintained.

Off-street parking shall be generally screened from public view and from adjacent properties in all nonresidential zones. A combination of earth berms and evergreen and deciduous plantings is acceptable under appropriate circumstances. The use of planting islands within the parking lot to relieve visual monotony of a paving surface and to channel traffic flow shall be required.

A minimum of one shade tree shall be provided per 10 parking stalls or one shade tree per 3,000 square feet of parking lot area, whichever is greater, and shall be distributed evenly throughout the parking area. Such trees shall have a minimum of 3 1/2 inches to 4 inches in caliper (depth) and an installed height of 12 feet to 14 feet. Wherever possible, at the intersection of four ninety-degree parking stalls or in other unused areas not affecting parking stall utility, maneuverability or adequate door-swing, a shade tree shall be installed and protected by curbing, planter structure or other suitable means to avoid possible damage by vehicles. Such protective device structure shall not interfere with vehicles entering or exiting a parking stall or aisle.

Paving materials. Paving for pedestrian ways may be of man-made or natural material, such as stone or stone combination thereof. Surface paving must produce a firm and level surface to facilitate passage, snow removal and stabilize the surface. Surface paving must be naturally decorative and provide visual interest and be of suitable material, texture and color. Asphalt paving of pedestrian ways is discouraged. Cobblestones, stone block and pavers made of slate, concrete or natural stone are preferred. Concrete walkways are acceptable. An appealing combination of materials is also acceptable. Clay brick should be avoided for its propensity to become slippery under freezing conditions. Curbing shall be constructed of concrete or granite block.

Walls and fences. Walls and fences may be utilized as elements of a landscaping plan in order to prevent trespassing, create privacy, provide screening or retain earth. Walls shall be designed to become an attractive special feature and may be constructed out of materials such as brick, stone, (rough cut, flagstone or ledge), fieldstones laid in a drywall or other appealing material or pattern.

Fences shall be wooden or simulated wood material and be of picket, basket-weave, lattice, split-rail, panel, woven or similar design or construction. Wooden fences may be left to weather naturally, stained and/or painted; provided, however, that painted fencing shall be repainted as necessary. Woven wire is discouraged except in necessary and appropriate circumstances. If a woven wire fence must be used, it shall be of dark green or black color and its visibility obscured to a significant extent by plantings or vines. Plastic slats or other inserts in chain link fences are prohibited.

In all cases, walls and fences must complement the character of the site and the architectural design of the buildings. All fences and walls shall be suited to the nature of the project.

(13)

Location of parking.

Required off-street parking shall be located only in those locations as set forth below and shall meet all setback requirements set forth in this subsection.

In all residence zones or for any residence, not more than one of the required off-street spaces for each dwelling unit may be on the driveway in the front yard.

Off-street parking facilities as accessory to any use permitted in a residential zone shall be provided on the same lot with the permitted principal building.

Access to or egress from any property situated in a nonresidential zone through the use of a driveway located on property in a residential zone is prohibited.

Bicycle racks. Bicycle racks shall be encouraged for all multifamily and nonresidential developments at the ratio of one bicycle space for each dwelling unit or one bicycle space for each 20 off-street parking spaces or fraction thereof over 20 spaces.

Off-street loading.

Application. In any building or building group or part thereof hereafter erected and having a gross floor area of 10,000 square feet or more of nonresidential space, there shall be provided and maintained on the same zone lot with such building off-street loading area.

Required off-street loading facilities.

Location of loading areas. All loading areas shall be on the same lot as the use which is to be served. Such areas shall be located only in a side or rear yard. Such areas shall not encroach upon any required open space, accessway, off-street parking area or public right-of-way. Where located adjacent to any residential district, they shall be set back a minimum of five feet from such property line.

Access. All required off-street loading areas shall provide sufficient turning areas and access.

Calculation of required loading areas. The number of off-street loading berths required for any use shall be determined by application of the standards set forth below:.

	Principal Building Size	Required Number of Loading Berths
	Up to 20,000 square feet	1
	20,000 to 50,000 square feet	2
	Each additional 100,000 square feet	1 additional space

Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with prevailing laws. No tree stumps, portions of tree trunks, limbs or other debris shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Board or the Board's Engineer, be used as mulch in landscaped areas.

Protection of existing plantings. Every practicable effort shall be made to save fine and other indigenous specimens whenever possible. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained in the development plan. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Such barriers shall be at least four feet in height and shall be constructed of a durable material and shall remain until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground cover appropriate for the purpose, soil conditions, water availability and prevailing environmental conditions.

Signs.

General sign provisions.

Permits for signs. Except for signs as permitted in Subsection S(1)(b) and (d) below or for which a special permit is required pursuant to Chapter 218, no sign shall be constructed or displayed unless a permit shall have first been obtained from the Building Inspector. If there is any question as to the suitability of any sign or as to its meeting the requirements of this chapter, either the Building Inspector or the Zoning Officer may refer the application for said sign to the Planning Board, which shall submit a report of its findings to the Building Inspector or the Zoning Officer, as the case may be, immediately after its first regular meeting following receipt of the sign application.

[Amended 11-25-2008 by Ord. No. 20-2008]

Temporary safety, traffic, directional and warning signs shall be permitted as provided in Chapter 218.

[Amended 11-25-2008 by Ord. No. 20-2008]

Animated signs, as well as streamers, pennants and similar displays, are prohibited in all zones. Without limitation of the generality of the foregoing, this prohibition includes balloons, other inflatable objects, searchlights, and flexible signs in which movement is produced through operation of a fan or similar device.

[Amended 11-25-2008 by Ord. No. 20-2008; 12-8-2015 by Ord. No. 13-2015]

Signs required by law and necessary to the public welfare shall be permitted as provided in Chapter 218.

[Amended 11-25-2008 by Ord. No. 20-2008]

No sign shall be placed as to interfere with or be mistaken for a traffic light or similar safety device or interfere with traffic visibility.

Except as otherwise permitted by § 161-24S(7), "Changeable copy signs," with the exception of a neon or LED sign described in the next sentence, all illuminated signs shall be either indirectly lighted or of the diffused lighting type. Neon or LED lighting is limited to a sign placed within the perimeter of a window but in no event shall such sign exceed eight square feet in area or be greater in number than three per business. Neon or LED lighting shall not exceed the window coverage restrictions set forth in Chapter 218. No sign shall be lighted by means of flashing or intermittent illumination.

[Amended 11-25-2008 by Ord. No. 20-2008; 6-23-2009 by Ord. No. 10-2009; 12-8-2015 by Ord. No. 13-2015]

No sign as permitted shall extend or project above the highest elevation of the wall to which it is attached, nor shall any sign be erected on or attached to the roof of a building.

Any illuminated tubing or strings of lights outlining rooflines, doors, windows or wall edges of any building, excepting Christmas decorations, is prohibited.

Any sign that uses the word "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger or which is likely to be confused with any sign displayed by public authority is prohibited.

No banner or portable signs shall be permitted except as provided in Chapter 218.

[Amended 11-25-2008 by Ord. No. 20-2008]

The following exemptions shall apply only to the requirement for a sign permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe conditions:

Memorial tablets or signs, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.

Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs as may be erected by governmental or public utility employees in carrying out their official work.

Names on mail boxes.

Signs used on property warning the public against hunting or trespassing thereon.

(l)

No advertising sign shall be erected or located on, within or over any public right-of-way.

(m)

No sign or advertising structure shall be erected which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises.

(n)

There shall be permitted one wall or ground identification sign, not exceeding 24 square feet, located on the premises of houses of worship, Sunday school buildings, public libraries, hospitals, museums, art galleries, parish houses, buildings used exclusively by federal, state, county and local government for public purposes, public, private and parochial schools, public recreational and community center buildings and grounds (collectively, "institutional uses"). No such sign shall be located closer than 15 feet to a property line or street right-of-way line. The wall or ground identification sign of an institutional use shall be permitted to include a changeable copy sign, subject to the provisions of § 161-24S(7).

[Amended 12-8-2015 by Ord. No. 13-2015]

(o)

Wall or ground traffic directional and traffic safety signs containing such wording as "one-way," "do not enter," "stop," "enter" and "exit" may be located on a property in any zone, provided the locations and sizes of such signs are approved by the Board.

(p)

Customary warning or "No Trespassing" signs not more than one square foot in area may be displayed in any zone as well a not more than four signs advertising the sale and price of seasonal farm produce, provided the total area of such signs does not exceed 24 square feet.

(q)

Temporary signs advertising a prospective sale or rental shall be permitted as provided in Chapter 218.

[Amended 11-25-2008 by Ord. No. 20-2008]

(r)

Nonilluminated temporary signs on construction sites shall be permitted as provided in Chapter 218.

[Amended 11-25-2008 by Ord. No. 20-2008]

(s)

(Reserved)[1]

Editor’s Note: Former Subsection S(1)(s), regarding nonilluminated temporary signs on construction sites, was repealed 2-22-2011 by Ord. No. 2-2011.

(t)

Overhanging signs, attached and perpendicular to a building, are prohibited.

Signs in the R Zones. In the residential zones, only the following signs shall be permitted:

A name plate sign, situated within the property lines and bearing only the name and address of the principal occupant, provided that the sign does not exceed 72 square inches in total area.

(Reserved)[2]

Editor’s Note: Former Subsection S(2)(b) and (c), regarding limits on sale or rent signs and temporary ground signs, respectively, were repealed 2-22-2011 by Ord. No. 2-2011.

(Reserved)

Approved multifamily housing developments may display one freestanding identification sign at each street entrance to the development designating only the name of the development, the address and name and telephone number of the owner and the names of any buildings located therein, provided the area of said sign shall not exceed 35 square feet and shall set back 15 feet from a street or property line.

Conditional uses and permitted farming uses may display one freestanding identification sign not exceeding nine square feet in area designating the name of the use and the address and name of the owner. Said sign may be placed in the front yard but not closer than 15 feet to any street right-of-way or property line as designated on the adopted street plan.

Signs in the MHP Zone. In the MHP Zone, only the following signs are permitted:

One name plate sign for each mobile home.

Signs limited to street name signs, building identification signs, traffic safety and directional signs and not more than one sign identifying the name of the mobile home park, which sign shall be located at the main entrance to the park, but not closer than 25 feet to a public right-of-way and shall not exceed 24 square feet.

Signs in the B, HC-1, HC-2, NC and Upper ZM Zones. In the B, HC-1, HC-2, NC and Upper ZM Zones, signs as permitted and regulated in this section and/or in Chapter 218 are permitted.

[Amended 11-25-2008 by Ord. No. 20-2008; 2-22-2011 by Ord. No. 2-2011; 7-26-2016 by Ord. No. 14-2016]

Wall signs. Wall signs are permitted on each commercial building wall that can be viewed from a street subject to the following limitations and requirements:

Not more than one wall sign shall be permitted for each road frontage that can be viewed from the street. In no event shall there be more than two wall signs.

No such sign shall extend farther than six inches from the face of the building wall to which it is attached.

The bottom of said sign shall be at least 10 feet above the ground level or sidewalk below the sign.

The height of any such sign shall not exceed four feet or 25% of the height of the building wall to which it is attached, whichever is the lesser.

The total area of said sign shall not exceed 80 square feet.

The total of the widths of any such signs shall not exceed 75% of the width of the building wall to which they are attached.

[7]

The total area of any such signs shall not exceed 10% of the area of the building wall, including window area, to which they are attached. In addition, the maximum permitted sign area for wall signs shall be reduced by the area of any projecting sign erected on the building wall.

Ground signs. One ground sign shall be permitted for each commercial building subject to the following limitations and requirements:

No such sign shall extend more than eight feet above the ground level below the sign.

No such sign shall exceed a width of six feet.

Said sign shall be at least 15 feet from a street right-of-way or property line.

Said sign shall be at least 50 feet from the point of intersection of any two street lines.

Freestanding signs. Provided there is no ground sign, a commercial property having a street frontage of at least 300 feet shall be permitted one freestanding sign subject to the following limitations and requirements:

Said sign shall contain only the name of the commercial property or facility or the brand or manufacturer's name of the principal product sold or the services rendered.

Said sign shall be located at least 15 feet from a street or property line, but not less than the height of the sign.

The height of said sign shall not exceed 25 feet.

The total area of said sign shall not exceed 80 square feet.

The sign shall not obstruct site distance visibility.

The surface or display area of the sign shall not exceed 10 feet in either height or width.

[7]

One sign for each business establishment located on the premises may be suspended in ladder fashion below the principal sign surface. Each such sign shall contain only the name of the business establishment and each such sign shall not exceed one foot in height and five feet in width.

Covered walk signs. Notwithstanding the foregoing provisions, a commercial building containing a canopy or overhang along the building wall and over a sidewalk shall be permitted one sign suspended from or attached to the ceiling of the canopy or overhang for each business establishment subject to the following limitations and requirements:

Said sign shall be located in front of the commercial establishment.

Said sign shall be erected perpendicular to the face of the building wall.

The bottom of said sign shall be at least 10 feet above the sidewalk below the sign.

Said sign shall not extend beyond the canopy or overhang.

Said sign shall not exceed 10 inches in height nor four feet in width.

Said sign shall contain only the name of the commercial establishment or the name of the principal product sold or service rendered.

Signs for automotive service stations. Notwithstanding the foregoing provisions, automotive service stations may display only the following signs:

One freestanding sign advertising the name of the station and for the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 80 square feet in area on a side and shall be erected not less than five feet from the property line and not less than 10 feet nor more than 25 feet above the ground.

Directional signs or lettering displayed on the building wall over individual entrance door or bays, consisting only of the words "washing," "lubrication," "repair," "mechanic on duty" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, the letters thereof shall not exceed 12 inches in height and that letters shall be limited to a single line.

Customary lettering on or other insignia which are an integral part of a gasoline pump, consisting only of the brand name of gasoline sold, lead content sign, a price indicator and any other sign required by law and not exceeding a total of three square feet on each pump.

Fuel, oil and gasoline filling stations may display one changeable copy sign (which may be an electronic changeable copy sign) on each street frontage for the purpose of indicating their fuel prices only. The size of the sign displaying the prices shall not exceed 12 square feet in area.

[Added 12-8-2015 by Ord. No. 13-2015]

On any property containing two or more business establishments, all signs shall be uniform in terms of height, size, printing and color, within reasonable latitude, and subject to approval of the Board under site plan review procedures.[3]

Editor's Note: Former Subsection S(4)(g), Signs in the I Industrial District, and Subsection S(4)(h), Signs in the Q Zone, which immediately followed this subsection, were repealed 12-8-2015 by Ord. No. 13-2015. See now Subsection S(5) and (6).

Signs in the I (Industrial) Zone. In the I (Industrial) Zone, only the following signs are permitted:

[Added 12-8-2015 by Ord. No. 13-2015]

Wall signs. Each industrial building may contain one wall sign subject to the following limitations and requirements:

The sign is permanently attached or constructed with the building and does not extend more than one foot from the facade of the building.

The total advertising space of a sign attached to a building shall not exceed 150 square feet or 10% of the gross area facade to which it is attached, whichever is less, provided that the limits of the sign do not extend beyond the face of the building.

The bottom of said sign shall be at least 10 feet above the ground level below the sign.

The height of any such sign shall not exceed five feet or 25% of the height of the building wall to which it is attached, whichever is less.

The total of the widths of any such signs shall not exceed 75% of the width of the building wall to which they are attached.

Ground signs. Each industrial property may display one ground sign subject to the following limitations and requirements:

Said sign shall be located at least 30 feet from a street right-of-way or property line.

Said sign shall be located at least 100 feet from the point of intersection of any two street lines.

Said sign shall not exceed a height of 12 feet.

Said sign shall not exceed an area of 100 square feet.

The bottom of said sign shall be at least three feet above the ground level below the sign.

Signs in the Q (Quarry) Zone. A quarry operation may display one ground sign as regulated in the Industrial Zone.

[Added 12-8-2015 by Ord. No. 13-2015]

Changeable copy signs. Changeable copy signs (including electronic changeable copy signs) shall be permitted only as specifically set forth herein.

[Added 12-8-2015 by Ord. No. 13-2015]

Ground signs and freestanding signs. Changeable copy signs (including electronic changeable copy signs) may be included on ground and freestanding signs in the HC-1, HC-2 and NC Zones only, subject to the following limitations:

[Amended 7-26-2016 by Ord. No. 14-2016]

The changeable copy sign must be secondary to the primary signage, which may not contain changeable copy elements.

The changeable copy sign must be mounted below the primary signage.

The changeable copy sign shall be included in the calculation of the total sign area. The dimensions of the changeable copy sign may not exceed the corresponding dimensions of the primary signage; provided, however, that the area of the secondary changeable copy sign shall not exceed 1/3 of the total sign area or 32 square feet, whichever is less.

All regulations pertaining to ground and freestanding signs in the HC-1, HC-2 and NC Zones apply to the changeable copy sign.

Wall signs and window signs. Changeable copy wall and window signs are permitted in the B, HC-1, HC-2, NC and Upper ZM Zones only, subject to the following limitations:

[Amended 7-26-2016 by Ord. No. 14-2016]

Each business occupying the site shall be permitted to have either one changeable copy window or wall sign.

The area of the changeable copy sign (window or wall) shall be limited to 10 square feet.

Changeable copy window signs shall be permitted subject to the provisions of § 218-5; provided, however, that:

The number of changeable copy window signs shall be limited to one per business;

A changeable copy window sign shall not be permitted if the business has a changeable copy wall sign; and

[c]

The maximum area of the changeable copy window sign shall be limited to 10 square feet.

General requirements and restrictions.

No changeable copy signs are permitted on billboards. The addition of changeable copy signage on an existing billboard shall require a variance, as provided in the Municipal Land Use Law, N.J.S.A. 40:55D-70d(2).

Animated signs are prohibited in all zones.

The message on an electronic changeable copy sign shall not change more than once every 60 seconds. Only one message is permitted to be displayed on a changeable copy sign during said sixty-second period.

With the exception of window signs, no sign shall consist exclusively of changeable copy signage.

Site plan approval shall be required for new freestanding signs, ground signs, and wall signs, subject to the following regulations:

[Amended 5-24-2016 by Ord. No. 11-2016]

For purposes hereof, the replacement of existing nonchangeable signage with a changeable sign shall be considered the installation of a new sign if the existing sign does not conform to all requirements of Chapter 161 by reason of either grandfathering pursuant to § 161-36, Nonconforming, uses, structures and lots, or the granting of one or more variances relating to the existing nonchangeable signage.

Notwithstanding the provisions of Subsection S(7)(c)[5][a] above, electronic changeable copy signs meeting the requirements of Subsection S(4)(e)[4], regarding signs for automotive service stations, of Subsection S(4), Signs in the B, HC-1, HC-2 NC and Upper ZM Zones, of § 161-24S, Signs, of the Code of the Borough of Franklin, may be substituted for existing nonchangeable signage displaying fuel prices without site plan approval.

[Amended 7-26-2016 by Ord. No. 14-2016]

Institutional uses in all zones shall be permitted to have a changeable copy sign; provided, however, that electronic changeable copy signs shall be permitted only in the B, HC-1, HC-2, NC and Upper ZM Zones, subject to the restrictions on such signage applicable to those Zones.

[Amended 7-26-2016 by Ord. No. 14-2016]

[7]

Electronic changeable signs shall be in operation only during the hours of business operation.

[8]

Changeable copy signs may advertise only the products and services offered on the property on which the sign is located and may not advertise specials or sales offered by any other business, organization or facility.

[9]

Changeable copy signs shall not emulate traffic control devices.

[10]

No changeable copy sign shall create a distraction or nuisance for motorists.

[11]

Electronic signs shall not be permitted to emit more than 50% of their illumination as the color white or light blue.

[12]

Lettering on nonelectronic changeable copy signs shall conform to the following standards:

Lettering used on manual changeable copy signs oriented toward local or collector streets shall be no greater than three inches in height.

Lettering used on manual changeable copy signs oriented toward service, minor or major arterial streets shall be no greater than six inches in height.

[c]

Lettering used on manual changeable copy signs oriented toward pedestrians shall be no greater than two inches in height.

Technical requirements for electronic changeable copy signs.

The illumination and/or intensity of the sign display shall be controlled so as not to create glare, hazards or nuisances. The sign shall not cause glare or impair the vision of motorists, shall not impair the observation of traffic control devices, shall not interfere with any driver's operation of a motor vehicle, and shall not constitute a nuisance to neighboring property owners.

Each sign shall be equipped with a dimmer control and a photocell which automatically adjusts the intensity of the display in response to natural ambient light conditions in accordance with the illumination standards hereof.

All signs must be equipped with a properly functioning default mechanism that will return to a solid black display should a malfunction occur.

The maximum brightness level may not exceed 0.2 footcandle over ambient light levels.

When first installed, or within 10 business days of a request by the Borough, the sign shall be calibrated and certified by the sign owner as complying with the requirements hereof and that the ambient light monitor and dimming technology functions properly. This includes performing the following test to be witnessed by the Borough engineer:

The brightness level of the sign over ambient light levels shall be measured at a distance from the sign equal to the square root of the area of the sign multiplied by 100. (Example for an eight-foot-by-four-foot sign, the distance is calculated as follows: 8 x 4 x 100 = 3,200 feet. √3,200 = 56.57.

At least one hour after sunset, a footcandle meter shall be used to measure ambient light at the location of the sign. Said measurement shall be taken with the electronic sign turned off or displaying black copy. The reading shall be made at a height of five feet with the meter aimed directly at the sign area and perpendicular to the center of the sign.

[c]

The electronic sign will be then turned to full white copy and another reading will be taken at the same location and with the same meter.

[d]

If the difference between the two readings is 0.2 footcandle or less, the electronic sign brightness level is properly adjusted.

§ 161-25 Environmentally sensitive areas; minimum improvable area.

Traffic/emergency messages. The owner of the sign shall be required to coordinate and permit message access for local, regional, state, and national emergency services during emergency situations. Emergency messages are not required to conform to message standards listed herein. Emergency or traffic information signs mounted on trailers or attenuator trucks set up by any emergency services or construction companies are exempt from ordinance.

Rationale and purpose. Certain lands are not suitable for development, particularly residential development. Such lands include floodplains and flood hazard areas; wetlands; lands having a seasonal high water table at surface or at less than 3.5 feet below the surface; streams, brooks, rivers and their corridors; ponds, lakes and any open water which is predominately a nonflowing and/or otherwise impounded body of water with a mean depth of four feet and a surface area greater than 1/2 acre; slopes of 15% grade or greater; and other land characteristics commonly known to be unsuitable for conventional development measures and which are environmentally sensitive; lands subject to shallow depth to bedrock (3.5 feet or less); and lands overlying known or suspected faults, fractures, slides, sinkholes or subsidence locations; or lands underlain by carbonate bedrock and which appear substantially subject to negative development impacts or consequences despite reasonable remediation measures. All such lands, together with buffer areas if required herein, shall be and are hereby known as “environmentally sensitive areas” (ESAs) and shall not be disturbed by development except as and only to the extent permitted by the Board. It is the expectation of the Borough that the protections of this section, together with minimum lot sizes, will prevent the disturbance and development of ESAs to the benefit of the Borough's citizenry and natural environment. It is also the purpose of this section to insure that no lot be created and no site be developed for residential purposes pursuant or subject to this chapter which does not provide reasonably ample contiguous land to form an envelope in which to locate a principal building, permitted accessory buildings and structures, a private well and subsurface sewage disposal systems, yards sufficient in size for normal use and enjoyment and which is otherwise suitable and reasonably improvable for its intended purposes.

Prohibition against disturbance and development. No ESA shall be disturbed, improved or developed in any manner for use without the express approval of the Board for good cause shown or without the approval of New Jersey Department of Environmental Protection or other governmental agency in connection with such agency's jurisdiction and powers concerning one or more of the subjects of this section; nor shall any buffer area as prescribed and required herein be disturbed, improved or developed as aforesaid.

In designing a lot or lots or a site for development, any lot or site proposed for development which would fail to satisfy the requirements of this section shall not be approved, disturbed, improved or developed. Such lot or lands expected to be developed shall instead be annexed to and become contiguous with such adjacent lands to such an extent as shall appear necessary and appropriate to establish a lot which satisfies this section and chapter. Alternatively, the developer may and is encouraged to conserve such lot or lands in accordance with Subsection H of this section or as otherwise determined by the Board.

Water body conservation buffer. The provisions of any other section or sections of this chapter to the contrary notwithstanding, no land shall be disturbed and no building or structure (including but not limited to a subsurface sewage disposal system) shall be installed, constructed or erected, whether above or below ground level, within 50 feet of the edge of any lake or pond or within 100 feet of any river, stream or brook or within such transition or buffer area as may be provided by any other governmental agency, whichever is greater (unless subject to preemption), except as follows:

Construction, rehabilitation and maintenance of dams or other structures for the permissible or approved impoundment or retention of waters shall not be subject to this subsection.

Provided that the following uses or activities do not and are unlikely to substantially disturb the natural indigenous character of this category of ESA's, the same shall be permitted:

Conservation activities to conserve soils, vegetation, water and water quality, fish and wildlife.

Fishing, swimming, boating, hunting and similar principal outdoor recreation uses and activities.

Trails for nonmotorized use.

Grazing or other farming and agricultural use, subject to governmental controls on the use of fertilizers, pesticides, herbicides and other substances.

Conservation of fault areas or areas underlain by certain carbonate bedrock formations. Lands known and expected to be subject to faults, subsidence, sinkholes or underlain by carbonate bedrock formations, the conditions of which cannot be reasonably remediated, shall not be disturbed or developed.

Conservation of certain soils and slopes. Except as may be provided herein, disturbance of any soils and slope conditions classified in this section as an ESA shall be and is hereby prohibited, subject to the following limits of disturbance as applied to the area of the respective feature on the lot. Nothing herein contained, however, shall be construed to prohibit the use of any such soil or slope conditions for agriculture, grazing, horticulture, forestry, wild crop harvesting and outdoor recreation uses or activities, provided the same are permissible pursuant to all other governmental laws and regulations, including other provisions of this chapter.

Conservation easements. The Board may require that a conservation easement or other protective or restrictive covenant be conveyed to enforce this section.

Minimum improvable area. Every residential lot or site to be hereafter developed, redeveloped or further developed shall, in addition to the other regulations contained in this section, be subject to the requirement that such lot or site can and will produce a minimum improvable area in accordance the following table. For purposes of defining this subsection, “minimum improvable area” shall mean that contiguous area produced by and which satisfies all setback and bulk requirements of this chapter and which is not constrained or intruded upon by one or more environmentally sensitive features or components of an ESA as provided in this section, together with such other contiguous land areas as are necessary for useful yards, accessory uses, structures and appurtenances as are normally incident to the principal use and structure, subject to the pertinent limitations of this chapter, including but not limited to maximum building and lot coverage. Wherever a building or improvement envelope shall be created by application of the requirements of this subsection, a minimum improvable area within the same, together with any other areas needed as aforesaid, shall be established as an environmentally suitable and sufficient area to insure the utility of the lot or site for its intended purpose.

	Zone	Minimum Improvable Area (square feet)
	R-1	10,000
	R-2	9,000
	R-3	7,000
	R-4	6,000
	MF	20,000
	MHP	6,000
	B-1	3,000
	B-2	6,000

Improvable area thus produced shall be a contiguous area where the principal and accessory buildings, structures, appurtenances and yards for active open space use can be suitably located and developed.

Orientation and arrangement of buildings and site improvements. Insofar as is reasonably possible given anticipated construction or permanent access for ingress/egress or utility service, improvements and site disturbance shall be limited to the improvable area. All buildings and improvements proposed for development on a lot or site subject to this section shall be oriented and arranged to satisfy this section.

§ 161-26 Performance standards.

General applications.

As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify compliance with the performance standards contained herein. Permits and certificates required by other government agencies shall be submitted to the Board as proof of compliance with applicable codes.

The regulations contained in this section shall not apply to one- and two-family dwellings.

Regulation of nuisance elements.

The determination of the existence of nuisance elements shall be made to the following locations:

Nuisance Characteristic		Location of Test
Smoke		Vent or smokestack
Air pollution including solid particles or fly ash		Vent or smokestack
Odors		Property line
Liquid waste		Property line
Solid waste		Property line
Noise		Property line
Vibration		Building wall
Glare		Property line
Trespass Lighting		Property line
Temperature change:
	Gas, liquid or solid	Vent or smokestack Property line

Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.

Standards to be enforced.

Air pollution.

General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of Title 7, Chapter 27 of the New Jersey Administrative Code, (N.J.A.C.), or the regulations contained in this section, whichever shall be more stringent, shall apply.

Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes. Smoke emissions from the combustion of fuel and mobile sources and from stationary internal combustion engines shall not exceed the limits set forth in N.J.A.C. 7:27.

No open burning shall be permitted in any district.

Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected.

Wastes.

Liquid wastes. No liquid waste shall be discharged into any watercourse in the Borough without all necessary permits from the New Jersey Department of Environmental Protection (NJDEP). No liquid waste shall be discharged into the public sewage collection and disposal system unless the appropriate Borough official shall have first investigated the character and volume of such wastes and shall have certified that the Borough will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH and other methods of improving such wastes prior to discharge, as a condition of approval of such facilities.

Solid waste. Each property owner shall be responsible for:

Adequate and regular collection and removal of all refuse, except where the Borough assumes such responsibility.

Compliance with all applicable provisions of the NJDEP.

Compliance with all provisions of Title 7, Chapter 26, of the N.J.A.C., where applicable.

No accumulation on the property of any junk or other objectionable materials except in designated trash receptacles.

Noise. All applications shall comply with the provisions of N.J.A.C. 7:29.

Vibration. In any zone, vibrations discernible without instruments at the measuring location shall not be permitted.

Glare. No single standard for glare is promulgated in this chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, are eliminated or that activities producing such glare are carried on within a structure. Necessary glare-producing devices such as glazing, roadway and walkway lighting shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.

Trespass lighting: All applications shall comply with the provisions of this article.

Temperature change. Any use or process shall not produce a temperature change greater than 3° C. at the measuring location.

Fire and explosive hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Board may require the applicant to supply proof of:

Approval of the use, structure, process or resulting product or material from the State Department of Labor indicating that adequate safeguards against fire and explosion have been taken or installed.