Borough of Franklin, NJ Article V Zoning

§ 161-27 Zoning districts.

[Amended 5-8-2007 by Ord. No. 10-2007; 9-14-2010 by Ord. No. 9-2010; 7-26-2016 by Ord. No. 14-2016; 11-28-2017 by Ord. No. 20-2017; 6-12-2018 by Ord. No. 08-2018; 6-10-2021 by Ord. No. 06-2021; 9-10-2024 by Ord. No. 14-2024]

A. Establishment of zones. For the purposes of this article, the Borough is hereby divided into 15 zones as follows:

R-1	Single-Family Residential (three acre density)
R-2	Single-Family Residential (one acre)
R-3	Single-Family Residential (15,000 square feet)
R-4	Single-Family Residential (6,250 square feet)
MF	Multi-Family Residential
ZM	Zinc Mine Mixed Use
B-1	Main Street Retail
B-2	Main Street Mixed Use
HC-1	Highway Commercial-1
HC-2	Highway Commercial-2
I	Industrial
MHP	Mobile Home Park
OS/GU	Open Space/Government Use
GC	Golf Course
Q	Quarry
HMF	Hospital Multifamily
MPR	Munsonhurst Planned Residential District
NC	Neighborhood Commercial
RT23	520 Route 23 Inclusionary Zone

B. Zoning Map. The location and boundaries of the above zones are hereby established on the Zoning Map of the Borough of Franklin in Sussex County dated September 28, 2004, which is filed in the office of the Borough Clerk. Said map or maps and all notations, references and designations shown thereon shall be part of this article as if the same were all fully described and set forth therein.

C. Interpretation of zone boundaries. Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the map, the following rules shall apply:

(1) The zone boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad right-of-way, waterways, sewer and utility easements or as otherwise indicated on Zoning Map. Where a zone boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line shall be as designated on said Zoning Map by means of figures or dimensions expressing distance in feet from a street side line or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall be with the Board of Adjustment.

(2) In the event that a zone boundary line divides one or more lots, then the zone boundary line shall be considered the lot limit for computing all area, bulk, yard buffer and any other dimension requirements specified in this article.

D. Schedule of permitted uses. The Schedule of Permitted, Conditional and Accessory Uses is contained in Schedule A and is hereby made part of this chapter. [1]

[1] Editor's Note: Schedule A is included as an attachment to this chapter.

E. Schedule of area, yard and building requirements. The Schedule of Area, Yard and Building Requirements is contained in Schedule B and is hereby made part of this chapter. [2]

[2] Editor's Note: Schedule B is included as an attachment to this chapter.

F. Permitted uses. This zoning article shall be viewed as permissive. After the adoption of this chapter, no uses or structures shall be permitted in the Borough which are not listed as a permitted, accessory or conditional use or unless permitted by the Zoning Board of Adjustment.

G. Conditional uses. Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall require site plan approval by the appropriate Board.

H. Outdoor and entertainment uses. Outdoor concerts, entertainment venues, special events and similar such uses require approval from the Borough Council.

I. The following shall not be permitted in any zoning district in the Borough: the operation of retail cannabis establishments, which includes the selling and reselling of cannabis and cannabis items, or cannabis consumption areas, retail marijuana stores, combined retail and growing facilities; and the operation of retail cannabis social clubs are prohibited within the Borough of Franklin and, therefore, all activities related to the above are expressly prohibited within the Borough of Franklin. Nothing herein shall be construed to limit any privileges or rights of a qualifying patient, primary caregiver, registered or otherwise, or registered dispensary pursuant to the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1 et seq.

§ 161-28 Supplementary regulations.

A. General.

(1) No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the zone in which such building or land is located.

(2) No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in the zone in which such building or structure is located.

(3) No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located.

(4) The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this article; and, if already less than the minimum required by this chapter, said area or dimension shall not be further reduced.

(5) The provisions and restrictions contained in this article shall not apply to or be binding upon the Borough of Franklin.

B. Yard regulations.

(1) Required yards.

(a) Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.

(b) No yard or other open space provided for any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or other open space for any other building on any other lot.

(c) No land in a residential zone shall be used to fulfill open space, minimum areas, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.

(2) Front yards.

(a) Yards fronting on streets less than 50 feet wide. Where any lot abuts a street right-of-way which is less than 50 feet in width, the front yard setback required for such lot shall be increased in depth by 1/2 the difference between the width of the street and 50 feet.

(b) Yards fronting on streets 50 feet or more in width. Where any lot abuts a street with a proposed and existing right-of-way 50 feet or more in width, the building setback distance shall be measured from the nearest line of the proposed and existing street right-of-way.

(3) Front yards on corner lots. Where a lot is bounded by more than one street and is a corner lot as defined in this chapter, the front yard setback requirements for the zone shall be satisfied with respect to each abutting street. In an application for an approval or a permit concerning any such lot, the owner shall declare and the Board or Zoning Officer shall approve the front of the lot, which shall be consistent with the direction the building faces. The yard opposite the front of the lot shall be considered the rear yard for purposes of this article and establishment of the minimum rear yard requirement.

(4) Front yards of through lots. In the case of a lot running through from one street to another, the frontage of such a lot, for the purpose of this article, shall be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the front lot line shall be the line upon which the primary entrance of the principal building faces or will face when constructed.

(5) Front yard exceptions.

(a) Where a lot is situated between two lots, each of which is developed with a principal building which has a nonconforming front yard setback, the minimum front yard setback requirement for such lot may be the average of the front yards of the existing nonconforming buildings on said adjacent lots.

(b) Where a lot adjoins one lot developed as described above and a vacant lot, the minimum front yard setback requirement for such lot may be the average of the nonconforming front yard setback of the developed lot and the required front yard setback for the zone.

(c) Where in any given block there exists a prevailing uniformity in the alignment and setback of existing buildings in which the front yard setbacks are greater or less than required, then, in that event, any new building in such block shall conform with such established alignment and setback. Prevailing uniformity shall be determined by those lots within the same block face within 200 feet of the subject lot.

C. Projections and encroachments. Yards and courts required by this article shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this article, nor shall use be made of such yard, except as follows:

(1) In residential zones, unenclosed porches, including steps extending not more than five feet from the building line into any required front or rear yard and not exceeding more than 20 square feet in size.

(2) Window wells affording light and air to basement and cellar areas.

(3) Cornices and eaves may project not more than two feet into any required yard.

(4) Chimneys may project not more than two feet into any required yard.

(5) Driveways providing access to permitted garages or parking areas; provided, however, that in residential zones driveways used to provide access to private garages shall not be wider than 20 feet.

(6) Sills, leaders and similar ornamental or structural features may project not more than six inches into any required yard.

(7) Fences and retaining walls where specifically permitted in this chapter.

(8) Freestanding flagpoles, television antennas and radio aerial masts, children's playground equipment, outdoor fireplaces and yard clothes lines and posts but must be set back at least five feet from any property line. Except for freestanding flagpoles, such structures shall not be located in the front yard.

(9) Accessory buildings and uses, including swimming pools, where specifically permitted in this chapter.

§ 161-29 Lot frontage.

Every principal building shall be built upon a lot with the minimum required frontage upon an approved street which shall be improved in accordance with the street standards established by the Borough of Franklin or the Residential Site Improvement Standards (RSIS), as applicable.

§ 161-30 Principal buildings.

A. Only one principal building may be erected on a lot except for related buildings forming one principal use in accordance with an approved plan and limited to the following:

(1) Public or institutional building complexes.

(2) Research, light industrial, office or retail shopping complexes or complexes involving mixed office and retail use.

(3) Multifamily dwelling complexes.

B. Unless otherwise regulated in this article, no principal building shall be located closer to another building than the height of the taller building.

C. No new building shall be constructed on or any existing building altered or moved onto any lot for use as a dwelling when there exists on said lot a building which is being used for dwelling purposes.

§ 161-31 Height exceptions.

A. Appurtenances attached to principal structures. Church spires, belfries, cupolas and similar architectural features, domes or antennas attached to buildings, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building and are not subject to height limitations, except that no appurtenance shall exceed 10 feet above the maximum height specified in the zone. Mechanical equipment shall be adequately screened.

B. Water towers and radio and television antennas which are erected as freestanding structures may be erected to a height which can be demonstrated to the Board is necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission (FCC) rules which govern the height of licensed amateur operator radio antennas. The height of the towers or antennas shall conform with United States Federal Communications Commission regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. All freestanding noncommercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.

§ 161-32 Accessory structures and uses.

A. General requirements.

(1) No accessory building shall be constructed on any lot on which there is not a principal building structure.

(2) Any accessory structure attached to the principal building shall be considered part of the principal building.

(3) On through lots, no accessory structure erected in the rear yard shall be nearer to the rear street line than the minimum front yard setback for the zone in which such lot is located.

B. The following requirements shall be complied with in all residential zones:

(1) No accessory building shall be used for human habitation.

(2) Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 12 feet in height except for buildings used in connection with farming operations, which shall not exceed a height of 35 feet.

(3) No accessory building shall be located closer than 10 feet to any other building.

(4) No accessory building shall be located closer to a right-of-way line than the principal building. On corner lots, accessory buildings shall not be located closer to a street than the minimum front yard requirements for the zone.

(5) Unless otherwise provided in Schedule A, [1] an accessory building located in a side yard shall not lie closer to a side lot line than the minimum side yard setback requirement for a principal building. A farm building or an accessory building used on a farm shall not lie closer to a side lot than the height of the building or the minimum side yard setback for a principal building in the zone, whichever is greater.

[1] Editor's Note: Schedule A is included at the end of this chapter.

(6) Unless otherwise provided in Schedule A, an accessory building located in a rear yard shall not be located closer than five feet to a side or rear lot line. A farm building or an accessory building used on a farm shall not be closer to a property line than the height of the building or the minimum side yard setback requirement for a principal building in the zone, whichever is greater.

(7) No accessory building shall occupy more than 30% of the rear yard.

(8) There shall not be more than two accessory buildings on a lot except on a farm.

(9) No accessory building shall have a floor area or footprint which is greater than 60% of the floor area of the principal building except on a farm. No accessory building in a residential zone shall have an area greater than 500 square feet except on a farm.

C. The following requirements shall be complied with in all nonresidential zones:

(1) Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 12 feet.

(2) No accessory building or structure shall be permitted in any front yard.

(3) Accessory buildings may be built within the side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the width of the side yard required from the principal building on said lot.

(4) An accessory building located in a rear yard shall not be closer than five feet to a side or rear lot line.

D. Requirements for specific accessory structures and uses.

(1) Home occupations. Home occupations shall be permitted as accessory uses in all single-family residential zones and shall be exempt from approval by the Board or Zoning Board of Adjustment if the following standards are satisfied:

(a) The practitioner must be the owner or lessee of the residence in which the home occupation is contained.

(b) The practitioner must reside in the home.

(c) There are no nonresidential employees working on the premises.

(d) There is no external evidence of the home occupation.

(e) There are no retail sales conducted on the site.

(f) No clients will visit the site.

(g) There is no sign identifying the home occupation, and there is no identification of such home occupation upon any mailbox.

(h) There are no delivery vehicles other than those associated with the residential use on site.

(i) The home occupation is clearly incidental and subordinate to the principal use of the dwelling for residential purposes. The maximum area devoted to the home occupation shall be limited to not more than 25% of the total area of the floor where located, excluding space used for a private garage, or 400 square feet, whichever is smaller.

(j) No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, vibrations, medical waste or other nuisance factors detectable to the normal sense or to radio, telephone or television equipment off the lot.

(k) A home occupation in the HC-2 Zone may qualify as an expanded home occupation facility if it meets the following conditions: no more than two persons who do not reside on the premises are employed by the home occupation; and no more than 50% of the floor area of the structure is used for commercial purposes. An expanded home occupation facility shall be exempt from the restrictions of Subsection D(1)(c), regarding no nonresidential employees, Subsection D(1)(e), regarding no retail sales, and Subsection D(1)(f), regarding no client visits. The floor area restriction set forth in this subsection shall supersede the floor area restriction in Subsection D(1)(i). All other conditions of this § 161-32D(1) shall apply to expanded home occupation facilities.

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

(2) Outdoor storage.

(a) Unless expressly permitted in the zone, outdoor storage is prohibited in all zones.

(b) The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards, incidental to authorized residential use and occupancy, is prohibited in all residential zones (R-1 through R-4), and the ZM, MPR, OS/GU, HMF, MF, MHP, B1 and B2 zones. In all other zones, outdoor storage shall be permitted as an accessory use only and shall be directly related to the principal use(s) on the property.

[Amended 9-14-2010 by Ord. No. 9-2010; 11-28-2017 by Ord. No. 20-2017; 6-12-2018 by Ord. No. 08-2018]

(c) No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

(d) All outdoor storage facilities shall be enclosed by a fence, wall or landscaping adequate to conceal such facilities and the contents thereof from adjacent property and the street and shall meet all required accessory building setbacks for the zone in which they are located. In no case shall stored material exceed a height of 10 feet. This provision shall not apply to the limited and normal display of goods offered for sale, in clear view of the public, by a retail or service commercial business, nor does it apply to outdoor storage of new cars or other vehicles on the premises of a dealer. Furthermore, this provision does not apply to the display or sale of seasonal farm produce or specifically permitted outdoor uses, outdoor parking of farm machinery or vehicles in use on a farm or normal residential storage such as fire wood. In all cases, this provision shall not permit unsightly displays and/or storage that interfere with the movement of vehicles and people or, in the judgment of the Zoning Officer, affect the health, safety and welfare of the community.

[Amended 9-14-2010 by Ord. No. 9-2010]

(e) No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces such as wind or water.

(f) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.

(g) No outdoor storage shall occur in regulated lands, paved parking lots, driveways, fire lanes or roads or be placed in such a manner as to impede circulation in and around the property.

[Amended 9-14-2010 by Ord. No. 9-2010]

(h) Any new site plan application submitted to the Planning or Zoning Board, after passage of this ordinance,[2] must delineate proposed outdoor storage. Outdoor storage added without Board approval shall be considered a violation of the new site plan approval.

[Added 9-14-2010 by Ord. No. 9-2010]

[2] Editor's Note: "This ordinance" refers to Ord. No. 9-2010.

(3) Decks, patios and terraces over two feet in height measured at grade at any point must meet the required yard setbacks for principal buildings. Decks, patios and terraces two feet and under in height may be located in a yard, provided they are not closer than three feet to any property line.

(4) Swimming pools.

(a) All private swimming pools shall only be located in a rear yard.

(b) On any corner lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on either street.

(c) Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.

(d) No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.

(e) Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of accessory structures.

(5) Commercial trailers, tractors and mechanized equipment in residential zones. Not more than one commercial vehicle not greater than 19,500 pounds gross vehicle weight shall be kept, placed or stored in any residence zone. Said vehicle shall be owned, leased or regularly used by a resident of the premises. This provision shall not be deemed to limit the use of a commercial vehicle in connection with farming operations.

[Amended 2-5-2019 by Ord. No. 02-2019; 4-9-2019 by Ord. No. 03-2019]

(6) Recreational equipment, as defined in 161-3, may be stored or parked outside on any premises in any residential zone subject to the following restrictions:

[Amended 10-13-2020 by Ord. No. 11-2020]

(a) Recreational equipment shall be stored or parked only on a lot upon which the principal residence of the actual owner of the recreational equipment is located.

(b) No recreational equipment shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.

(c) No recreational equipment shall be parked with 10 feet of the municipal right of way.

(d) Recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.

(e) Recreational equipment shall be maintained in a condition that allows it to be readily moved (for example, with inflated wheels and not "on blocks").

(f) No recreational equipment shall be used for sleeping or dwelling purposes while on the premises. Recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.

(g) No recreational equipment exceeding 40 feet in length is permitted to be parked or stored on a residential lot.

(h) All stored or parked boats and watercraft must be weather tight, inverted or otherwise sealed so not to collect water or debris. All motor homes, recreational vehicles, travel trailers and similar vehicles shall be properly winterized.

(i) Recreational equipment shall not be stored, parked, or maintained so as to create a dangerous or unsafe condition that presents an unreasonable obstacle to access to the property or structures thereon by emergency personnel.

(j) No parked or stored recreational vehicle shall eliminate any off-street parking area required at the property by local or state regulations or zoning approvals.

(k) Animal trailers shall be considered recreational vehicles where animals are kept as a permitted accessory use in connection with a single-family residence use on the premises. An animal trailer large enough to hold more than two horses, ponies or similar animals is permitted only when the same is stored on a lot used for farming.

(7) Nonregistered vehicles. No disabled or unregistered vehicles shall be stored in any zone except in an enclosed building.

§ 161-33 Certain permitted uses.

[Amended 10-24-2004 by Ord. No. 18-2004; 9-12-2006 by Ord. No. 13-2006; 5-8-2007 by Ord. No. 10-2007; 10-9-2007 by Ord. No. 21-2007; 6-24-2008 by Ord. No. 6-2008; 9-14-2010 by Ord. No. 9-2010; 7-26-2016 by Ord. No. 14-2016; 11-28-2017 by Ord. No. 20-2017; 6-12-2018 by Ord. No. 08-2018; 9-10-2024 by Ord. No. 14-2024]

A. Child-care centers. Child-care centers are permitted uses in all nonresidential zones. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder and the permitted density allowable for that building or structure. New buildings shall comply with Borough parking standards.

B. Essential services. Public utility lines for the transportation, distribution and/or control of water, electricity, gas, oil, and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this chapter be interpreted to prohibit the use of a property in any zone for the above uses. For purposes of this provision, wireless communications facilities shall not be deemed an essential service.

C. Temporary offices. Trailers or mobile structures used as temporary offices, workshops or for the storage of equipment and materials in connection with permitted construction of new buildings or structures may be temporarily permitted on the same site during the actual period of construction. The construction official shall issue a temporary permit. The structure shall be located a minimum of 15 feet from any property line and shall be suitably screened with landscaping and/or fencing so as not to be detrimental to any adjoining property. The structure shall be removed from the site prior to the issuance of a certificate of occupancy for the permitted construction project or building.

D. Wireless telecommunications facilities.

(1) Purpose. The purpose of this subsection is to set forth conditions for the siting of telecommunications towers and antenna within Franklin Borough. The goals of this subsection are to: protect residential zones and uses from the potential adverse impacts of towers and antenna; require the location of new towers in specific locations within the Borough; minimize the number of towers in Franklin; encourage collocation on existing towers; and require the use of monopoles and stealth technology for all new towers or antenna locations through innovative design, siting and camouflaging techniques.

(2) Location priorities. Locations are enumerated below in the order of the location priority:

(a) Permitted uses. Antennas or towers located on property owned or leased or otherwise controlled by the Borough may be located in any zone, provided a license or lease authorizing the tower or antenna has been approved by the governing body, in its sole discretion. As a condition of any lease or license under this subsection, site plan approval shall be required at the provider's sole cost and expense. Any leases or licenses shall be subject to all bidding requirements under all applicable laws and regulations, including but not limited to the Local Public Contracts Law. The decision to extend such licenses or leases to an applicant shall be vested solely with the governing body which shall not be governed by this subsection. The Borough of Franklin, in its absolute discretion, reserves the express right to deny all uses of its property for antennas or towers. The standards contained elsewhere in this subsection for setbacks, separation, collocation, on-site location, camouflaging and other details shall be applicable to the telecommunications towers, facilities or antennas as a permitted use on municipally owned property.

(b) Conditional uses. The following are the conditional use requirements:

[1] Antennas on existing towers. An antenna may be attached to an existing tower in a residential or nonresidential zone. To minimize the visual impact associated with the proliferation and clustering of towers, collocation of one or more provider's antenna on an existing tower takes precedence over the construction of new towers, subject to the following collocation requirements.

(c) Collocation requirements.

[1] A tower that is modified or reconstructed to accommodate the collocation of additional antenna shall be of the same tower type as the existing tower, unless the reviewing board allows reconstruction as a monopole; provided, however, that the height of the modified or reconstructed tower shall not exceed the height of the existing tower.

[2] Collocation conditions and limitations. Any new tower or reconstructed tower approval shall provide for future collocation as set forth in this subsection. Collocation by two or more telecommunications providers shall be permitted on one tower, provided that by collocating, all conditions of this subsection are satisfied.

[a] In the event a proposed tower for an existing or future collocation cannot be constructed with the permitted height limitations or on existing towers, then such collocation is prohibited and, instead, an alternate site or method shall be used but, if unavailable, then a second tower to comply with the height limitations shall be constructed.

[b] No tower may be designed or built to collocate with another telecommunications provider at a height greater than the maximum permitted by this subsection.

[c] In the event any collocation is proposed, a letter of commitment shall be filed by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to the issuance of a building permit and shall be binding upon the tower owner, property owner and successors in interest.

[3] On-site location.

[a] A tower that is rebuilt or modified to accommodate collocation may be moved on site within 50 feet of its existing location, provided the new location complies with all setback requirements.

[b] If two or more towers exist on a site and a tower is rebuilt or modified to accommodate collocation, only one tower may remain on the site. This subsection shall not apply in those instances where towers are located on sites occupied by high tension wires.

[c] A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to this subsection.

(3) Conditional use standards. The following are the conditional use requirements for all new tower applications:

(a) Setbacks. Towers must be set back at least 120% of total tower height from any lot-line, nonappurtenant structure or public or private road right-of-way line.

(b) Separation distances. All distance shall be measured from the base of the tower to the lot-line of the off-site use or zone:

[1] For vacant residentially zoned land, residential uses, zones, or municipal property (unless the tower is located on a municipal site), libraries, schools or houses of worship, the separation distance shall be 300 feet or 300% of the tower's height, whichever is greater.

[2] For nonresidentially zoned lands or nonresidential uses, the separation distance shall be at least 120% of the height of the tower from any adjoining lot-line, nonappurtenant building or structure or street rights-of-way.

[3] For separation distances between towers and tower types, regardless of tower height, the following standards shall apply:

[a] Lattice towers: 5,000 feet from another lattice tower, 1,500 feet from a monopole 100 feet or greater in height or 750 feet from all other towers.

[b] Monopoles: All monopoles 100 feet in height or greater shall maintain at least 1,500 feet of separation from another equally tall monopole or 750 feet from shorter monopole. All monopoles which are less than 100 feet in height shall maintain a separation distance of 750 feet from any tower.

[c] Accessory buildings. All accessory tower buildings shall comply with all applicable ordinances.

[d] Conservation easements. No tower may be located within a conservation easement if adjacent to a residential zone and as proscribed under ordinance.

[e] Maximum tower height. The maximum height of all new towers shall be 100 feet or 25 feet above the mean tree canopy, whichever is less. Mean tree canopy shall be derived from marketing all trees 12 inches in diameter or greater measured 4.5 feet above grade within a two-acre area surrounding the tower site. The height of the trees shall be calculated by a professional licensed surveyor in the State of New Jersey. Absence of a suitable stand of trees for concealment renders the site unacceptable. No tower shall have a height or location which would require Federal Aviation Administration lighting. Lightning rods are excluded from tower or antenna height calculations.

(c) New tower construction. As a last location priority, a provider may apply for approval to construct a new tower only in a nonresidential zone, subject to all conditions contained in this subsection; however, the minimum lot size for any new tower shall be 10 acres.

(4) General requirements of all towers and antenna.

(a) Visual compatibility requirements and construction details for the installation of wireless telecommunications towers. Monopole tower construction shall be used in all new tower construction. Additionally, applicants are required to use the latest stealth or camouflaging techniques to make the tower appear to be a tree of native species and to blend in with surrounding trees. All towers shall be fitted with anti-climbing devices.

(b) Telecommunications tower permitted accessory structures or uses.

[1] Accessory equipment sheds.

[a] Maximum height: 16 feet.

[b] Maximum area: 1,500 square feet.

[c] Fencing. All equipment sheds shall be located immediately adjacent to the tower it services. All equipment sheds and tower bases shall be enclosed with a chain link fence of at least seven feet in height but no higher than eight feet unless otherwise approved by the Borough Engineer. All fences shall include a locking security gate, and a copy of the key to this gate shall be supplied to the Borough. The fence shall be screened with an appropriate vegetative buffer approved by the Borough Engineer.

(5) Other conditions applying to all towers and antennas.

(a) Noise levels. All noise generated by a tower and/or the equipment shall meet the minimum standards contained in all state, federal or local noise regulations.

(b) Annual report. Upon the issuance of a building permit for a wireless telecommunications tower site, the owner or operator of the site shall provide to the Borough Engineer, Borough Planner and Borough Zoning Officer an initial report signed and sealed by a licensed professional engineer, certifying the estimated useful structural life of the tower as well as providing an initial inventory of all equipment useful structural life of the tower as well as providing an initial inventory of all equipment and antenna on the site. After 50% of the useful structural life has lapsed, annual recertification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided wherever antenna arrays are modified and shall include a detail listing of all antenna and equipment. All vendors and lessees shall also be required to notify the above Franklin Borough officials when the use of such antenna or equipment is discontinued. If any of the reports disclose that a condition of any tower presents an imminent hazard to the public health, safety or welfare, or that the tower antenna and equipment are no longer in use, the owner shall, and the Borough Engineer or Zoning Officer may order in their discretion the tower or site upon which it is located, take appropriate corrective action, including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers shall be maintained to insure continued structure integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site so as to assure that it does not create a visual nuisance.

(c) Abandonment and removal. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Franklin notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified. Failure to remove an obsolete, outdated or abandoned antenna or tower within 90 days shall be grounds for the Borough to require removal of the tower or antenna at the owner's or property owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower or same is deemed obsolete or outdated by the Borough. The Borough may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Borough Engineer for such construction as required under all applicable Borough ordinances.

(d) Signs prohibited. No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings, equipment information and safety instructions. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.

(e) Lighting. No lighting is permitted except as follows:

[1] The equipment building and compound may have security and safety lighting at the entrance, provided the lighting is attached to the facility, is focused downward and is wired with a timing device and/or sensor so that the light is turned off when not needed for safety or security purposes.

[2] No lighting is permitted on the wireless telecommunications tower.

(f) Multiple towers and uses. Any prohibition contained in any ordinance restricting the number of principal uses per lot shall not apply to the construction of wireless telecommunications towers and facilities when the conditions contained in this subsection are met. The minimum setback distance between structures shall not apply to PCS ("personal communications systems") providers and those providers who are licensed to transmit within the 800 MHz frequency band.

(g) Site location analysis. Every application for a wireless telecommunications tower or antenna shall include a site location alternative analysis, including an analysis of the location priorities describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:

[1] How the proposed location of the wireless telecommunications tower or antenna relates to the objective or providing full wireless communications services within the Franklin area at the time full service is provided by the applicant and by other providers of wireless communications services within the Franklin area.

[2] How the proposed location of wireless telecommunications tower/facility relates to the location of any existing antennas or towers within or near the Franklin area.

[3] How the proposed location of wireless telecommunications tower/facility relates to the anticipated need for additional antennas or towers within the Franklin area by the applicant and by other providers of wireless telecommunications services within the Franklin area.

[4] How the proposed location of the wireless telecommunications tower/facility relates to the objective and goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated, taller towers with many users at greater heights at random locations throughout the Borough.

(h) Additional municipal experts. The reviewing board reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a wireless telecommunications tower or facility, the applicant is deemed to have consented to this procedure.

E. Mobile home parks.

(1) Design standards and improvements required for both new and existing mobile home sites.

(a) Organization. The mobile home park shall provide facilities and amenities appropriate to the needs of the residents for safe, healthy and comfortable living areas. The mobile home park, including mobile home stands, patios, buildings and all site improvements, shall be harmoniously and efficiently organized in relation to topography, the shape of the plot and the position of buildings and common facilities and with full regard to use and public safety and appearance.

(b) Location. The mobile home park shall be well drained and, preferably, not adjacent to breeding places for insects or rodents.

(c) Site drainage. The ground surface in all parts of every mobile home park shall be graded and provision made to drain all surface water in a safe, efficient manner. All drainage shall be designed and function in accordance with all applicable local, county, state and federal laws and regulations, including but not limited to Franklin Borough's Stormwater Control Ordinance.[1]

[1] Editor's Note: See Ch. 161, Land Development, Art. IX, Stormwater and Flooding Controls.

(d) Lot layout and occupancy.

[1] Each mobile home lot shall be clearly identified by number.

[2] Each mobile home lot shall be adequate to accommodate the mobile home occupying the same.

[3] The number of occupied mobile homes permitted in a mobile home park shall not exceed the number of mobile home lots.

[4] Nothing contained in Subsection E shall be construed as prohibiting the maintenance of a retail mobile home sales agency in a mobile home park or the sale of a mobile home, whether occupied or unoccupied, which is located on a mobile home lot and connected to utilities.

(e) Patios. Each mobile home space shall, where the mobile home to be placed thereon has a floor area of less than 400 square feet, be provided with a patio of 180 square feet to provide outdoor living space. The patio shall be constructed of a minimum of four inches Portland cement concrete or other rigid type of impervious pavement.

(f) Embankments. There shall be no embankments steeper than two horizontal on one vertical. Concrete retaining walls shall be designed and installed in accordance with applicable building codes where these criteria cannot be met. When the slope of an embankment is steeper than three on one but less than two on one there shall be a ten-foot horizontal shelf constructed at every ten-foot rise in vertical elevation.

(g) Road layout and road width. Roads shall be provided in the park where necessary to furnish access to the mobile home sites and other facilities. All streets and roads shall be designed and constructed in accordance with the New Jersey Residential Site Improvement Standards (RSIS), N.J.S.A. 40:55D-40.1 et seq. and N.J.A.C. 5:21-1.1 et seq.

(h) Road and parking area construction. All new roads and parking areas shall be designed and constructed in accordance with the RSIS Standards for combination-type roadways.

(i) Parking. Parking spaces shall be provided without interference of normal movement of all traffic. All parking areas shall be designed and constructed in accordance with RSIS.

(j) Sidewalks. In locations where common facilities are concentrated, common walkways of at least four feet in width and of durable construction shall be provided.

(k) Each mobile home located within a mobile home park shall be equipped with a complete cooking and sanitary facilities connected to central water and sanitary sewer facilities.

(l) Any mobile home shall meet the design and construction standards of the industry and other applicable state requirements.

(m) Mobile home stands. Each mobile home shall be either attached to a permanent foundation or anchored to the ground with tiedowns, said attachment or anchorage to satisfy the construction official as being adequate to withstand movement of the mobile home by maximum wind force. Each mobile home site shall be provided with a mobile home stand of sufficient size to accommodate the mobile home to be placed thereon and sized/designed in accordance with all applicable building codes.

(n) Lot access. Each mobile home site shall have direct individual access to a street or roadway within the mobile home park. No flag sites or lots shall be allowed.

(o) Minimum mobile home park size. No mobile home park shall be located on less than 40 acres.

(p) Density. No mobile home park shall contain more than an average of 4.75 mobile home sites per acre. Notwithstanding the foregoing, no mobile home park shall contain more than 210 total mobile home sites.

(2) Requirements for existing mobile home sites.

(a) Separation and setback requirements. Except for mobile homes in storage or for sale, each mobile home shall be located on a mobile home lot so as to comply with the following minimum proximity limits:

[1] Twenty-five feet from the right-of-way of any public street or highway.

[2] Fifteen feet from the edge of the pavement of any private street.

[3] Ten feet from any building or structure.

[4] Ten feet from the side of any other mobile home.

[5] Ten feet end to end between homes or any adjoining property line.

(b) Lot access. Each mobile home site shall have direct individual access to the street or roadway within the mobile home park.

(3) Requirements for new mobile home sites.

(a) Definition. A new site shall be defined as a parcel of property in a mobile home park that has not previously been used to locate a mobile home for occupancy. A new mobile home site shall not include existing, rehabilitated or refurbished sites.

(b) Buffer zone. No building, structure, mobile home lot or parking area shall be located within 50 feet of the boundary line of the site. Said buffer zone shall be kept in its natural state, if wooded, and, when natural vegetation is sparse or nonexistent, the landowners shall be required to provide suitable landscaping including evergreen visual screening at least six feet in height.

(c) Minimum mobile home lot size. Each mobile home lot shall have an area of not less than 5,000 square feet with a minimum width of 50 feet measured perpendicular to the axis of the length of the lot. Each lot shall be clearly identified and shall be on a survey prepared by a New Jersey-licensed surveyor and shall be marked or staked on the ground.

(d) Maximum mobile home site coverage. No mobile home, including appurtenant structures, shall occupy more than 30% of the mobile home site.

(e) Proximity to permanent building. No part of any mobile home site shall be located within 50 feet of a permanent building.

(f) Mobile home setbacks. No part of any mobile home or accessory structure shall be located within 10 feet of a mobile home lot line nor within 15 feet of a street within the mobile home park.

(g) Mobile home site open space. At least 20% of each mobile home site shall be devoted to open space; this minimum area shall contain no permanent structures.

(h) Mobile home site access. All new sites shall have direct access to a street or roadway within the mobile home park. No flag sites or lots shall be allowed.

F. Quarry Zone.

(1) Purpose. The purpose of this zone is to regulate the operation of quarries within the Borough of Franklin; to provide for the protection of persons and property; to provide for safe conditions during and after quarrying: to preserve the public health and safety of the inhabitants of the Borough; to ensure that quarrying operations are conducted in such a manner as to mitigate impacts from conditions, such as, but not limited to, noise, dust, traffic, vibration, and odors, to owners and occupants of nearby properties in accordance with applicable law and regulation, and to ensure that the quarried area shall be suitable and reasonably reclaimed to a safe and environmentally sound condition after quarrying operations have been completed or otherwise terminated.

(2) Permitted principal uses and future use.

(a) Permitted use. Quarrying, handling, extracting and processing of various materials including stone, sand and gravel including transportation and storage, crushing, manufacturing, grinding, pulverizing, washing, processing and mixing of the various materials both extracted on site and imported to the site to process materials extracted on site.

(b) Future land use.

[1] As of the date of this subsection, it is understood that the estimated useful life of the quarry operation will be several decades. During that time, the use of the property within the Quarry Zone shall be limited to quarry related activities only.

[2] Certain uses such as residential or multifamily housing are particularly incompatible with active quarrying operations but may become suitable upon reclamation and closure of the quarry. Incompatible uses are to be discouraged as long as there exists the possibility of active quarrying. Consequently, it is difficult to predict now what the future use of the property should be once the quarry operation is completed.

[3] The property owner shall also be responsible for the restoration of the site as the quarrying operation is completed in accordance with the reclamation plan as required in Subsection F(6). That work shall be approved by the Planning Board and monitored by the Planning Board Engineer and other Borough officials through inspections conducted twice a year. Monitoring inspections shall give ongoing consideration to the potential redevelopment and reuse of this property.

[4] In anticipation of the end of the quarrying operation, the Planning Board in each Master Plan Reexamination Report and/or related planning documents shall indicate the status of the quarry operation, whether or not the Quarry Zone, as established, requires modification and whether or not the time has arrived to begin considering the future use of the acreage within the Quarry Zone.

[5] Any future development of the quarry property aside from the quarrying operation shall be done in accordance with the provisions established in the Borough’s Master Plan and subject to the municipal ordinance regulations and other governmental requirements at that time. Furthermore, at the conclusion of quarrying, it shall be the responsibility of the property owner to submit an overall concept plan, for review and approval by the appropriate land use board, prior to the development of any portion of the subject property for any non-quarry use. Until such time as the aforementioned steps are accomplished, the use of the subject property shall be limited to quarry-related activities only.

(3) Permitted accessory uses.

(a) Buildings, plants, equipment, machinery and facilities uses to conduct the permitted uses on site.

(b) A mixing or batching plant for concrete.

(c) Buildings and facilities for the repair and storage of motor vehicles and equipment used in permitted operations.

(d) Administrative and sales office related to the permitted operation.

(e) Off-street parking area for vehicles used in permitted operations and for visitor, employee, contractors or other privately owned vehicles.

(f) Warning or safety signs as required by federal or state law or as permitted by the Planning Board in connection with site plan approval.

(g) Signs as permitted by Borough ordinance.

(4) Bulk standards.

(a) Minimum area. No quarry shall be permitted on parcels which have less than 100 contiguous acres zoned for that use.

(b) Maximum building height: 35 feet or two stories.

(c) Structures for processing operations shall not exceed 65 feet in height from the average grade to the highest point on the structure. Structures must be set back beyond the Quarry Zone setback line by an additional distance at least equal to 100% of the total height of the structure.

(d) Quarry excavations for product removal shall be 150 feet from a public road or quarry zone boundary. This restriction shall not apply to contiguous land owned by the quarry operator or quarry owner. If such contiguous land is sold to a third party, then the buffer shall be reestablished.

(e) Quarry Zone setback. All structures and all accessory uses, including parking areas, stock piles, waste overburden piles and processing equipment, shall be set back 150 feet from the property line.

(f) A six-foot fence shall be erected around the area that is actively being quarried.

(5) Site plan requirements.

(a) The quarry operator shall submit a site plan for all existing quarry operations within six months from the adoption of this Quarry Zone Ordinance. The site plan shall depict, explain and address the following aspects of the existing quarry operation in addition to the site plan requirements in Article III, §§ 161-7 et seq. of the Land Development Ordinance:

[1] Roadways.

[2] Building and structure locations, fixed or temporary.

[3] Parking areas.

[4] Loading area.

[5] All utilities.

[6] Drainage.

[7] Grading.

[8] Landscaping.

[9] Stormwater management plan.

[10] Soil and erosion control.

[11] Phasing plan.

[12] A restoration plan as detailed in Subsection F(6).

[13]

(b) Any expansion of the operations beyond those of the approved site plan shall require and amendment to the site plan.

(6) Reclamation plan.

(a) A reclamation plan for the initial phase of the quarrying operation shall be submitted to the Borough Planning Board along with the site plan required in Subsection F(5). Prior to the start of work in any additional area of the Quarry Zone beyond the existing quarry operation, the amended site plan required to be submitted for review and approval by the Planning Board shall contain a reclamation plan for the additional area.

(b) Reclamation plans shall be prepared by an engineer or land surveyor licensed in the State of New Jersey showing the entire Quarry Zone, including the following:

[1] The map shall be at a scale of one inch equals 100 feet. Any exceptions to this scale shall be requested by the applicant in writing to the Borough Engineer for consideration. If one sheet is not sufficient to contain the entire property and surrounding area as required by this subsection, the map shall be divided into sections shown on separate sheets of equal size and scale, with reference on each sheet to the adjoining sheets.

[2] A key map showing the quarry property and its relation to the surrounding areas at the scale of one inch equals not less than 2,000 feet.

[3] Title block showing:

[a] Quarry name, municipality and county.

[b] Address of operation.

[c] Scale.

[d] Date of preparation or revision(s).

[e] Name, address, telephone number, license number, seal and signature of the preparer.

[4] All boundary lines with lengths of courses to the 1/100 of a foot and bearing to 1/2 minute.

[5] Existing and proposed contours at five-foot intervals (ten-foot intervals where slopes exceed 30%) for the quarry property. All final slopes in areas above any final water pool elevation, or within 10 vertical feet of the surface of any pool elevation, shall be no steeper than 1H:1V (45°) unless approved by the Borough Engineer. Elevations must be based upon United States Geological Survey (USGS) datum identical to that used for the Operations Map.

[6] Location of all permanently affixed equipment or structures on the property.

[7] Location of all internal roadways and/or parking areas on the property.

[8] Plans for stormwater management facilities as required by NJDEP and the Sussex County Conservation District to facilitate final reclamation and any facilities that will permanently remain on the property.

[9] Plans for soil and erosion control facilities in accordance with Sussex County Conservation District standards to facilitate final reclamation and any facilities that will permanently remain on the property.

[10] Location and type of vegetative cover that will be planted on regraded areas. The vegetative locations should be keyed to the Reclamation Plan Narrative as required by this subsection.

(c) The restoration plan shall be accompanied by a narrative description of the proposed reclamation plan. The narrative shall address areas already affected by the quarrying operation plus areas proposed to be affected during the phase which the restoration plan addresses. Provisions shall be included in the reclamation plan to complete all reclamation activities within one year following cessation of all quarry operations or such longer period as may be provided in the approved reclamation plan. The reclamation plan may include provisions for extraction and reclamation where appropriate if consistent with the three-year operation plan required by Article V, § 161-33F(9).

(d) The reclamation plan shall meet the following standards:

[1] Areas where the final high wall is characterized by in situ bedrock shall be graded so that no slope is steeper than 45° (1H:1V) measured from the horizontal.

[2] Areas where the final high wall or backfill material is characterized as soil, sand, gravel or similar granular material and slopes steeper than three to one are proposed, the reclamation plan shall include a stability analysis prepared by an experienced engineer licensed in the State of New Jersey that demonstrates a minimum factor of safety for the backfill material of at least 1.5. In no instance shall slopes be steeper than 45°, except as set forth in Subsection F(6)(d)[3] below, or, unless approved by the Borough Engineer.

[3] In areas where the final reclamation plan consists of permanently pooled or ponded water, slopes steeper than 45° will be acceptable with the exception of shoreline areas where the water depth is less than 10 feet deep. In these shallow areas, the maximum slope shall conform to the requirements specified in the previous two subsections. Safety ledges shall be constructed on the slopes of all water impoundment areas having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the normal permanent water surface, and the second step shall be located one to 1 1/2 feet above the normal permanent water surface. The maximum graded slope between the safety ledges shall be 3 horizontal to 1 vertical.

[4] All final grades exposed to the atmosphere (i.e., not under water) shall be covered by a layer of soil in sufficient depth and quality to successfully and permanently sustain the vegetation proposed by the applicant. The plan shall include a demonstration that a suitable volume of soil material is available, either on site or from accessible borrow areas, to complete the reclamation plan.

[5] The final reclamation plan shall include a post-closure stormwater management plan. This plan must include plans and computations for handling stormwater discharge from the property based upon a one-hundred-year design storm.

[6] The proposed revegetation plan shall be prepared to be consistent with the types of vegetation that existed on the property prior to the commencement of licensed quarrying operations. In areas where quarrying operations were conducted prior to the enactment of this subsection, the revegetation plan shall be developed to be compatible with adjacent vegetative cover types. Revegetation plans shall include a description of soil preparation, soil stabilization and planting plans that conform to Soil Conservation Service standards. The plan shall also include a description of soil nutrient application; temporary and permanent seed mixtures and application rates; size, type, planting density and planting plan for woody species; and a two-year maintenance plan. The plan must provide for complete and permanent revegetation of all areas affected by the quarry operations.

[7] The reclamation plan shall remain in effect until regrading and revegetation are completed to the satisfaction of Borough of Franklin.

[8] Nothing in this subsection shall preclude the quarry operator and property owner from submitting alternative or revised reclamation plans from time to time.

(7) Operational standards.

(a) Quarry operations, with the exclusion of blasting, may be conducted between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 8:00 a.m. and 4:00 p.m. on Saturdays. There shall be no Sunday operations. Equipment warm-up and maintenance may be performed at any time as long so such activity does not cause noise beyond the property line or a disturbance to the surrounding residential neighborhood.

(b) Blasting may be conducted between the hours of 10:00 a.m. and 2:00 p.m., Monday through Friday. Vibration form blasting shall be considered an unavoidable condition of the quarrying operation provided no property damage results to any adjacent non-quarry property.

(c) Notice of blasting. On each occasion when blasting is being conducted, written or oral notice shall be given to the Borough Police Department and/or the Borough’s police dispatching center. Notice shall be given at least two hours prior to the proposed detonation unless prevailing conditions make it impossible but in all cases no less than 1/2 hour’s notice shall be given except in the case of a safety emergency. The quarry operator may provide a weekly or monthly written schedule of blasting detonation to the Borough Administrator and Police Department.

(d) No quarrying operations shall be conducted on the following holidays, with the exception of equipment maintenance and required safety procedures: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, July 4th, Easter Sunday and Christmas Day.

(e) Fencing. A six-foot fence shall be erected to impede access by unauthorized persons to the area actively being quarried. Gates are required at entrances and exits in the fence line. The gates shall be the same material as the fence and properly secured when during no-work hours.

(f) No quarrying shall be permitted which will endanger the lateral support of abutting properties.

(g) No operation shall adversely affect any public or private water supply source of abutting properties, waterways, wetlands and bodies of water.

(h) Noise created by quarrying operations shall not exceed the standards set forth in N.J.A.C. 7:29-1.1 et seq.

(i) Dust control.

[1] All equipment used for the operation shall be constructed, maintained and operated in such a manner as to minimize dust conditions.

[2] Dust management practices shall be in compliance with the NJDEP requirements. The Borough will be notified of all dust management plans submitted for approval to the NJDEP.

[3] Fire and explosion hazard: no process or storage of material in such manner as to create undue hazard by reason of fire or explosion.

[4] Roads and traveled rights-of-way used by quarry traffic must be treated with water or other dust-inhibiting substance to reduce the accumulation and dissemination of duct in accordance with NJDEP requirements.

[5] Dust from the quarry operation shall be within limits established by federal and state regulations.

(j) Traffic. Truck access to any quarry operation shall be so arranged as to minimize danger to other traffic and nuisance to neighboring properties. All traffic shall conform to the limits on operation hours stated herein.

(k) Structural and water supply base line. A survey of structural conditions and water supply and/or wells shall be offered to neighboring residential properties along the quarry zone before expansion of the quarry beyond its current nonconforming and conforming use limits to establish current structural and water supply and/or well conditions of residences within 500 feet of the quarry.

(l) The quarry shall be required to obtain and maintain all applicable federal, state and local permits required for the operation of the quarry which could include a NJPDES discharge permit, Soil Conservation Service approval, RFA permits, zoning permit, local blasting permit as well as all fire and live safety permits which apply.

(8) Performance bond. Within 45 days following the approval of the initial or any amended site plan required by Article V, § 161-33F(5), the quarry operator shall submit a performance bond or guarantee in favor of the Borough of Franklin in an amount sufficient to assure reclamation of the site of quarrying operations pursuant to the reclamation plan. The amount of the performance bond or guarantee shall be based upon a certified estimate prepared by an engineer licensed in the State of New Jersey that reflects the maximum reclamation cost (including regrading, revegetation and demolition of existing structures) that exist, or could exist, as a result of operations on the licensed property during the license period. The performance bond or guarantee shall be posted in accordance with the following standards:

(a) The form of the performance bond or guarantee shall be subject to the approval of the Borough Council and, if a performance bond, shall be a performance bond from a recognized surety company authorized to do business in the State of New Jersey and approved by the Borough Council or a letter of credit, cash, or such other guarantee as approved by the Borough Council.

(b) The amount of the performance bond or guarantee shall be reviewed by the Municipal Engineer and approved by the Borough Council based upon information submitted by the quarry operator and shall be 110% of the cost of reclamation;

(c) The performance bond or guarantee shall remain in full force and effect during the entire period that quarrying operations are conducted and until completion of reclamation after the termination of those operations. The quarry operator shall post a maintenance bond in the amount of 15% percent of the cost of reclamation to cover the period of two years after the completion of reclamation.

(9) Operational plan, annual report, municipal review and inspections.

(a) The quarry operator shall submit an operational plan for three years including extraction expectations, proposed grades, total number of cubic yards and proposed expansion plans for balance of site. The first operational plan shall be submitted with the first site plan required to be submitted pursuant to Article V, § 161-33F(5).

(b) Annual report.

[1] The operator of the quarry shall prepare and submit an annual report to the Planning Board and Borough Construction Official by March 15 of each calendar year, which shall include:

[a] Current operator/owner name and contact information.

[b] Current emergency contact person name and contact information.

[c] Certification of compliance with Subsection F(9)(d) and (e) of this subsection.

[d] Existing conditions map of quarry operations showing grades at two-foot contours revised on an annual basis.

[2] Notwithstanding the foregoing, the quarry operator shall give prompt notification to the Borough Administrator and the Police Department of any change in the name or contact information of the quarry operator, owner or emergency contact person.

(c) The quarry operator of the quarry shall submit aerial photography every three years in sufficient detail to clearly show the perimeter of quarried material, benches, improvements, stockpiled material, internal roadways, portable equipment, parking areas and similar features. The photo shall be marked to show Quarry Zone boundaries and buffer zone.

(d) After the submission of the annual report as in § 161-33F(9)(b) above, the entire quarrying operation, including excavation, grading reclamation, drainage, equipment and structures, shall be subject to at least one semiannual inspection made by the Municipal Engineer. The quarry operator shall annually post an escrow fee of $4,000 with the Borough for reasonable costs associated with services by the Borough for conducting inspections. This escrow account shall be replenished as necessary during the calendar year. The engineer shall file a complete report on the results of his inspection with the Planning Board and Construction Official and the quarry operator.

(e) Periodic inspections. The Municipal Engineer or an engineer selected by the governing body is hereby designated and authorized as a quarry inspector. In conjunction with the Borough Zoning Officer, he shall conduct inspections of the quarry property as requested by the Borough Administrator, Borough Council or Planning Board in order to determine whether the operations are being conducted in accordance with the Quarry Zone standards and requirements and the terms and provisions of this subsection. Inspections may be conducted as frequently as the quarry inspector determines is necessary. The quarry inspector may retain such additional consultants and experts as reasonably appropriate, subject to Borough Council approval. The quarry inspector shall submit written reports of all quarry inspections to the Borough Administrator, Planning Board, Borough Council and to the quarry operator.

(10) Enforcement, violations and penalties.

(a) The Municipal Engineer, in consultation with Borough Zoning Officer, may enforce the provisions of this subsection by filing a complaint of a violation in the Municipal Court of the Borough, or issuing a written order of abatement prior to filing a complaint, requiring that any alleged violation be abated within 20 days of receipt of said notice or sooner if an imminent danger or hazard is observed. The written order of abatement shall be served by hand delivery to the quarry premises or by regular and certified mail. The quarry operator may request an extension of the abatement notice by serving a written notice upon the Clerk or the Borough of Administrator setting forth the reasons for an extension and identifying a date when the abatement will be complete. Approval of such extension shall not be unreasonably withheld, conditioned or delayed.

(b) If the enforcement officer issues a violation, the matter shall be heard in the Municipal Court of the Borough of Franklin. A person or entity that pleads or is found guilty of violation of any provision of this subsection shall pay a fine of not less than $100 and not more than $1,000 for each violation. Each day that a violation continues shall be considered a separate and distinct violation in the event the quarry fails to cure the violation pursuant to the terms of this subsection.

(c) The enforcing officer shall render a report to the Borough Council of any violation and shall provide a copy to the quarry operator.

(d) In addition to the foregoing, the violation of any provision of this subsection which endangers the health, safety or peace of residents in the area may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(e) Nothing in this subsection shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injuries to persons or property and to maintain any action or other appropriate proceeding therefor.

(11) Applicability of other ordinances.

(a) Nothing in this subsection shall be construed as repealing any provision or provisions of any other municipal ordinance or ordinances which, by its terms, regulate or control quarrying or its incidental activities either directly or indirectly, or which further the general purposes of this subsection in any way. In the event any regulation provided in this subsection shall vary from the same or similar regulation or any other municipal ordinance, the more restrictive provisions of such ordinances shall be deemed to control.

(b) Any land or property located in the Quarry Zone which has not been devoted to a quarry operation prior to the creation of said zone shall be subject to all the requirements of this subsection. Land or property located in the Quarry Zone which was devoted to a quarry operation prior to the creation of said zone shall be subject to all the requirements of this subsection insofar as said requirements do not infringe upon the legal rights applicable to nonconforming uses which have been already established at the time of the adoption of this subsection.

G. Community residences. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted in all residential zones, and the requirements shall be the same as for single-family dwelling units located within such zones

H. Multifamily housing. Existing multifamily development shall be regulated by the standards used at the time of development approval.

I. Zinc Mine Zone.

(1) Purpose. The purpose of the Zone is to create a new village center with a mix of destination and niche commercial users, limited residential and new community space. This Zone is the cornerstone for the development of Main Street. The lower section may be developed as a planned adult community that is connected to the upper section. The lower section shall be defined as that portion of Block 16, Lot 78 below the 570 foot contour and the portion of the property fronting on Sterling Street.

(2) Bulk standards.

(a) Minimum tract size: 20 acres

(b) Maximum height: three stories/ 45 feet (upper section); five stories/60 feet (lower section)

(c) Minimum setback along Main Street and proposed village green: 15 feet.

(d) Maximum setback along Main Street and proposed village green: 25 feet.

(e) Maximum impervious coverage: 75% upper section, 85% lower section.

(f) Maximum residential density: 35 units per gross acre.

(g) Any buildings in the lower section shall be set back from the property line a distance equal to their height.

(3) Additional standards.

(a) The Change House building shall be preserved and integrated into the development. No new buildings on the upper section shall be larger in area than the Change House.

(b) No development shall occur on slopes in excess of 25% except for the pedestrian connection.

(c) A pedestrian connection shall be established between the Rails to Trails corridor and Main Street.

(d) There shall be a pedestrian connection between the lower and upper sections which does not involve stairs.

(e) No portion of any building having a connection between the lower and upper section shall exceed the elevation of the roof ridge of the Change House.

(f) Not more than 25% of the total number of residential certificates of occupancy may be granted prior to buildout of the upper section.

(g) Office and retail uses are permitted on those floors at or above the 570 foot contour (NJVD, existing in 2004) in any building connecting to the upper section.

J. Agricultural uses.

(1) Minimum lot area: five acres.

(2) Any animal other than cows and horses shall be kept a minimum distance of 100 feet from any property line.

(3) The raising of hogs and fur-bearing animals shall be prohibited.

K. Hospital Multifamily Zone.

(1) Minimum tract size: 15 acres.

(2) Maximum density: six units per acre.

(3) Maximum building height: three habitable stories.

(4) Maximum principal building coverage: 30%.

(5) Maximum total coverage: 50%.

(6) Minimum perimeter buffer: 75 feet. Existing vegetation shall be preserved.

(7) No disturbance of slopes in excess of 20%.

(8) Attempts shall be made to reuse any buildings of historic significance. This requirement may be waived by the Board based upon credible expert testimony that the buildings are beyond repair.

L. Munsonhurst Planned Residential (MPR) District.

(1) Purpose. The purpose of the Munsonhurst Planned Residential (MPR) District is to provide an additional housing option for non-age-restricted market and low- and moderate-income households that seek to live in a community that offers high-quality, relatively maintenance-free housing, a package of amenities, and that is designed in a manner that protects the environmentally sensitive features of the area and provides an integrated open space network that connects existing and future open space and recreational assets.

(2) Lands to be included. The following tracts are hereby included within the MPR District: 138 Munsonhurst Road (Block 2701, Lot 2, formerly Block 66, Lot 17.01).

(3) Definitions. For the purpose of interpretation and implementation of this subsection, the following words and terms shall have the definitions provided. All other words and terms in this subsection shall have the definitions provided in § 161-3.

AGE-RESTRICTED OR ACTIVE PERSON

A person who is 55 years of age or older, consistent with the Federal Fair Housing Act[2] and provided that no children under 18 years of age are permitted to reside in the dwelling so restricted.

BUFFER

A continuous area of open spaces, landscaped areas, fences, walls, berms or any combination thereof used to physically separate one use or property from another.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development. This may include lands set aside as environmentally sensitive or otherwise restricted from use by agencies of the State of New Jersey or of the United States.

FAIR HOUSING ACT

The Fair Housing Act, Federal Fair Housing Amendments Act of 1988, P.L. 100-430 (September 13, 1988) and amendments thereto, including, but not limited to, the Housing for Older Persons Act of 1995, P.L. 104-76 (December 1995),[3] and any judicial or administrative interpretations or decisions affecting said legislation.

FRONT OF BUILDING

For residential buildings where there is direct entrance from the exterior to each dwelling unit therein, the building front shall mean all exterior walls that face a public or private road or common open space. Such buildings may have two fronts and no rear. For residential buildings where there is a common entrance from the exterior to all dwelling units therein, the building front shall mean all exterior walls in which such common entrance is located.

INTERNAL ROADWAY

A traveled way or cartway providing access from an exterior public street to parking areas and/or private driveways.

SCREENING

A method of visually shielding an abutting or nearby structure or use from another by fencing, walls, berms or reasonably sized plantings.

[2] Editor's Note: See 42 U.S.C. § 3601 et seq.

[3] Editor's Note: See 42 U.S.C. § 3601 et seq.

(4) The permitted principal use shall be attached single-family/townhouse and/or multifamily housing as regulated herein. These dwellings shall be occupied in accordance with § 161-33L(7) and (8).

(5) Permitted accessory uses and structures shall be as follows:

(a) Signs. One sign identifying the development shall be located at the entrance from Munsonhurst Road. The sign shall have a maximum of two sign faces, not to exceed 50 square feet per side. In the case of monument signs, the sign area shall be defined as the message area of the sign, not including the basic monument structure. Directional signs are permitted at the end of the boulevard. Other signs shall be provided as otherwise regulated in Borough ordinances.

(b) Recreational uses, such as, but not limited to, common open spaces, walking paths, gazebos, swimming pools, putting greens and tennis courts.

(c) Clubhouse buildings, which may include athletic and recreational facilities, meeting rooms, club rooms and other facilities for social activities, homeowners' association offices, a wellness center, mailboxes, maintenance and equipment storage and ancillary kitchen facilities.

(d) Restaurant, catering and banquet facilities.

(e) Private and shared garages and off-street parking for private vehicles.

(f) Fences and walls.

(g) Administration or management offices, gatehouses, maintenance, storage and utility buildings.

(6) Area, bulk and yard requirements shall apply to the entire lot and shall be as follows:

(a) Minimum gross lot area: 69 acres.

(b) Minimum building setbacks from external lot lines: 75 feet.

(c) Maximum number of dwelling units in the MPR Zone District: 300 dwelling units (including affordable units).

(d) Maximum allowable site disturbance: 50%, pursuant to the requirements of § 161-33L(14).

(7) Area, bulk and yard requirements shall apply to the entire lot, inclusive of any property that may, as part of a development application, be subdivided from the original lot to be dedicated to the Borough of Franklin. Requirements for the multifamily development on 138 Munsonhurst Road (Block 2701, Lot 2, formerly Block 66, Lot 17.01), shall be as follows:

(a) Maximum number of units: 300 units.

(b) Maximum density: 4.29 units per acre.

(c) Maximum building coverage: 10% of total lot area.

(d) Maximum total impervious coverage: 30% of total lot area.

(e) Minimum common open space: 50% of total lot area.

(f) Maximum building height: four stories or 55 feet. The height exceptions as defined in § 161-31 shall also apply to bulkheads for elevator shafts. Moreover, where the height of any building containing residential living space and the extraction point (in event of fire or other emergency) exceeds a thirty-five-foot height from the exterior ground, the developer shall be required to present proof to the satisfaction of the Planning Board, as guided by qualified professionals, that there are appropriate and sufficient measures in building design and engineering controls to provide for the reasonable safety of residents.

(g) Maximum building length: 250 feet.

(h) Minimum horizontal breaks in building facade: one break that varies the setback by a minimum of four feet for every 50 feet of building length. A break may consist of a balcony, patio, porch, deck or overhang.

(i) Rooflines must be varied in order to reduce the scale of the building.

(j) Minimum distance between buildings: not less than 1.5 times the maximum height of the proposed building.

(k) Minimum distance from buildings to internal roadway: 25 feet.

(l) Minimum distance to common parking area: 10 feet (except where parking is provided beneath the building).

(8) Requirements for low- and moderate-income housing.

(a) The building design for the low- and moderate-income units must be similar in style and character to the building design for the other dwelling units.

(b) The income-based restriction shall be set forth in a master deed or other recorded instrument applicable to all of the income-limited dwellings in the development. The master deed or other recorded instrument shall contain procedures governing the sale, transfer and rental of income-limited units within the district so that the developer and homeowners' association can enforce the occupancy restrictions set forth herein. The master deed or other recorded instrument may be recorded on a phased basis as long as the restriction applies to every income-restricted dwelling within the phase. The income restrictions shall also be set forth or referred to in every deed of conveyance of an individual income-restricted dwelling unit in the development.

(9) Extensions into the required separations between buildings, and setbacks from buildings to streets, parking areas and external lines shall be permitted as follows:

(a) By eaves with an overhang of not more than two feet.

(b) By rainwater leaders, windowsills, chimneys and other such fixtures.

(c) By bay windows not more than 12 feet wide and for a depth not to exceed three feet.

(d) By an open porch or steps leading into the building, which shall not have any side wall or other enclosure and may have a fixed roof, canopy or other covering, limited to the dimensions of said porch.

(e) By a patio, provided that the surface shall be not more than 18 inches above the ground level and that the improved area shall be without walls and railings, and shall be without a roof, canopy or other fixed covering.

(f) By cantilevered balconies.

(10) Accessory structure requirements.

(a) Except for fences and retaining walls, accessory buildings and structures shall meet the property line setbacks of principal buildings.

(b) Minimum accessory building setback to residential buildings: 25 feet.

(c) Minimum accessory building setback to another accessory building: 15 feet.

(d) Minimum setback of swimming pools, tennis courts and other surfaced recreation facilities to external property lines: 50 feet.

(e) Maximum height (other than clubhouse): 35 feet.

(f) Clubhouse buildings shall be set back from all internal roadways by at least 25 feet. Parking areas for clubhouse buildings shall be set back at least 10 feet from the building. The maximum height of clubhouse buildings shall be 45 feet.

(11) Age-restricted occupancy restrictions.

(a) Any age-restricted housing in the MPR District is subject to an age restriction whereby each market-rate unit shall be occupied by at least one person 55 years of age or older. Fifty percent of the affordable housing units in the development must be age-restricted.

(b) In accordance with the exemption under the Fair Housing Act,[4] no permanent resident of the age-restricted housing shall be under the age of 18.

[4] Editor's Note: See 42 U.S.C. § 3601 et seq.

(c) The foregoing occupancy restriction is intended to qualify all housing within the district as "55 or Over Housing" under the "Housing for Older Persons Act" exemption of the Fair Housing Act.

(d) This restriction shall not apply to resident employees such as a manager or superintendent, or to any affordable units provided within the project.

(e) The foregoing occupancy restriction shall be set forth in a master deed or other recorded instrument applicable to all of the age-restricted dwellings in the development. The master deed or other recorded instrument shall contain procedures governing the sale, transfer and rental of units within the district so that the developer and homeowners' association can enforce the occupancy restrictions set forth herein. The master deed or other recorded instrument may be recorded on a phased basis as long as the above occupancy restriction applies to every dwelling within the phase. The above occupancy restrictions also shall be set forth or referred to in every deed of conveyance of an individual age-restricted dwelling unit in the development.

(12) Common open space implementation requirements.

(a) Open space areas shall be preserved by permanent deed restriction for active or passive recreation space. All or part of this open space area may, at the discretion of the developer, be dedicated to the Borough or maintained as a common open space. The Borough is under no obligation to accept such dedication, if offered.

(b) Active recreation space shall be improved with facilities, buildings and structures for indoor and outdoor recreational activities consistent with the residential character of the development and the lifestyle needs of the residents therein.

(c) All active open space shall be connected to residential areas with walkways or other reasonable means of access.

(13) Environmentally constrained areas.

(a) No environmentally constrained area shall contain any structures or impervious surfaces, nor shall any land disturbance be permitted, except that structures and impervious surfaces may be constructed and land may be disturbed within environmentally constrained areas to the extent provided for in the following table, existing and proposed roads excepted:

Constraint Category		Permitted Land Disturbance Within Constraint Area
Steep slopes
	15% to 20%	10%
	Between 20% and 25%	5%
	Greater than 25%	2%
Wetlands/transition areas		As regulated by NJDEP
Rock outcrops, high groundwater and shallow bedrock		Any proposed disturbance of or construction on lands containing these constraint categories shall be required to demonstrate engineering feasibility.
Riparian buffers, floodplains or any USGS-identified streams		As regulated by N.J.A.C. 7:8 Stormwater Management Rules and N.J.A.C. 7:13 Flood Hazard Area Control Act Rules

(b) Man-made steep slopes, such as those associated with rights-of-way and culverts, are exempt from the disturbance limitations.

(c) These sections supersede the requirements set forth in § 161-25, regarding environmentally sensitive areas, of the Franklin Code for the property included in the MPR Zone District.

(14) Roads and circulation.

(a) Development of all tracts within the MPR District shall be served by a single access road, the design of which shall include a boulevard-style configuration and be consistent with New Jersey Residential Site Improvement Standards requirements. The minimum dimensions of a boulevard road shall provide one twelve-foot-wide travel lane in each direction, separated by a minimum four-foot curbed island. Notwithstanding the foregoing, if it can be shown that the disturbance area limitations or other features associated with a boulevard-style entrance will be disapproved by NJDEP, then the curbed island can be eliminated and a typical two-lane access road can be constructed, the width of which will be up to 36 feet wide as appropriate.

(b) Right-of-way access from the proposed roadway to 130 Munsonhurst Road (Lot 3, Block 2701, formerly Lot 1, Block 66), and 90 Munsonhurst Road (Lot 28, Block 2401, formerly Lot 23, Block 74) shall be continued.

(c) The existing driveway/access road to the municipal well at the south of the property shall be improved and maintained for emergency vehicle access.

(15) General design standards.

(a) Buffer. The developer shall provide and maintain a buffer area inclusive of the required yard of not less than 50 feet from all external lot lines of the development. The buffer area shall, to the extent possible, be kept in its natural state where wooded. Where natural vegetation is sparse or nonexistent, the area shall be supplemented and planted to provide a year-round natural vegetative screen. The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirements of this chapter. Only the following uses shall be permitted in a buffer area:

[1] Detention and stormwater management basins.

[2] Underground utilities.

[3] Walkways, trails and bicycle paths.

[4] Roadways.

[5] Fences and retaining walls, where needed.

[6] A gatehouse.

[7] Parking spaces and a driveway for the low- and moderate-income units.

(b) Landscaping. Landscaping shall be provided throughout the development site to provide a natural setting for building structures and recreational facilities. All islands or unpaved areas within a street shall be landscaped. Existing vegetation will be retained and maintained to the greatest extent possible. Indigenous vegetation shall be chosen for its weather-tolerant and decorative qualities, as well as its ability to support native wildlife.

(c) Walkways shall be provided between residential buildings and common parking areas and to all amenities provided on the site. Walkways shall have a minimum width of four feet and shall meet ADA grade requirements when required.

(d) No natural vegetation shall be disturbed except as approved by the Planning Board pursuant to a site plan application. The site plan shall indicate the maximum area of clearing and the natural areas to be maintained.

(e) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shielded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted.

(f) Air-conditioning units in excess of 2,500 BTUs shall be screened and insulated for aesthetic and acoustical purposes if they are less than 10 feet from sidewalks.

(16) Circulation and parking standards.

(a) All public streets, internal roadways and private driveways shall be designed and constructed in accordance with the requirements of the New Jersey Residential Site Improvement Standards. Private driveways shall be designed and constructed in accordance with the applicable sections of the Franklin Borough Land Development Standards.

(b) A gatehouse may be located at the entrance to a development in the MPR District.

(c) Residential off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards. All other parking shall be designed and constructed in accordance with the applicable sections of the Franklin Borough Land Development Standards.

(d) Required off-street parking for residents must be provided in private driveways and garages, common garages under residential buildings, or surface parking facilities. Visitor parking may also be provided in surface parking lots.

(e) Said parking shall be landscaped, lighted and conveniently located within 150 feet of the building to be served, with the exception of guest parking.

(17) Ownership and maintenance. The ownership and maintenance requirements of developments in the MPR District shall be in accordance with the regulations of the New Jersey Department of Community Affairs.

(18) Affordable housing obligation. In accordance with the housing element of the Borough's Master Plan, the developers of the properties within the MPR District have the obligation to provide affordable housing as detailed below:

(a) All developments within the MPR District shall include a set-aside of low- and moderate-income housing units at a rate of 20% of the total number of units in the development.

(b) The affordable housing obligation shall be satisfied by constructing affordable housing units within the development, consistent with Council on Affordable Housing (COAH) and any other applicable requirements. Fifty percent of the affordable housing units must be age-restricted in accordance with the obligation noted in Subsection L(11)(a), above.

(c) The specific mix of the above designations shall be set forth in a written agreement between the Borough and the developer.

(19) Developments subject to applicable ordinances.

(a) Except as indicated below, any development in the MPR District shall be subject to all applicable ordinances of the Borough of Franklin. Where there is any conflict between the provisions of this subsection and the provisions of the Site Plan Ordinance and/or the Land Subdivision Ordinance, the provisions of this subsection shall prevail.

[1] Section 161-25B, regarding design and building layout requirements.

[2] Section 161-25 regarding environmentally sensitive areas.

(b) Required studies. Each major site plan application for uses permitted pursuant to this subsection shall include the following, unless waived upon a showing of good cause in the sole and unfettered discretion of the Planning Board:

[1] Environmental impact statement.

[2] Traffic analysis study.

[3] Fiscal impact analysis study.

[4] Site development stormwater plan.

M. Neighborhood Commercial Zone.

(1) Purpose: The NC Zone is intended to be a mixed-use, limited retail/service commercial zoning district that will provide goods and services to the residents of the Munsonhurst District plus the traveling public. It is not intended to compete with the broad range of commercial services available in the HC districts adjacent to the Route 23 corridor.

(2) Connectivity: Given the traffic congestion issues and traffic safety concerns related to the Route 517 corridor, it is essential that as properties in the NC Zone are developed, redeveloped and/or reoccupied, vehicular and pedestrian connections be established between properties so that the use of Route 517 is minimized. If such a connection cannot be accomplished immediately, it is essential that provisions be made to allow for a future connection.

(3) Village design: It is the intent to create a village-center-type environment in the Munsonhurst District area. Consequently, any development in the NC Zone should adhere, to the greatest extent possible, to the principles of new urbanism. Furthermore, the architectural design of any structure should be traditional in appearance, utilizing pitched roofs, brick and/or clapboard siding and other features to create as much visual interest as possible. Since the development within the NC Zone is intended to partially service the residents of the Munsonhurst district, particularly those in the MAAH Zone, any site design should incorporate the visual, pedestrian and vehicular connections that will integrate the commercial uses with any nearby residential development. Sidewalks, in particular, should be an integral part of any site design.

(4) Mixed-use buildings: It is the intent of the NC Zone to encourage mixed-use buildings where appropriate in order to adhere to the principles of smart growth and to facilitate live/work arrangements where possible and reduce the amount of vehicular activity.

(5) Residential uses: The NC Zone is intended to primarily be a commercial district. However, residential units are allowed as a conditional use. The Planning Board shall determine when residential units are appropriate in connection with a commercial project, taking into consideration the environmental factors of the site, the site and building design and the compatibility of the proposed commercial uses with a residential component. At a minimum, any affordable housing obligation generated by the commercial proposal should be accommodated on site but the Planning Board may choose to allow that obligation to be satisfied off site in accordance with a developer's agreement and in conformity with any affordable housing requirements and the Housing Plan of the Borough. The Planning Board may also allow market rate units to be included as part of the project, in addition to any affordable housing, provided the RSIS parking requirements are met, the units are located on the upper floors and the overall site density, exclusive of the affordable units does not exceed four units per acre. Furthermore, no market rate unit shall have more than two bedrooms. The Planning Board may also permit, where appropriate, live/work arrangements that permit business owners to also reside on the premises. Residential units and commercial uses shall not share the upper floor of any building. However, if more than one building is located on a site, the aforementioned restriction only applies to each building individually, not to all of the buildings collectively. Consequently, as an example, in a three-building complex, one building may have all residential units on the upper floor, while the other two may have the upper floors used exclusively for commercial purposes. Finally, all of the aforementioned requirements shall be considered conditions associated with the conditional use status of any residential use in the NC Zone and are hereby also made part of § 161-34, Conditional uses.

(6) Structure size: No commercial portion of a structure in the NC Zone shall exceed 20,000 square feet, as measured at the outside of the building.

(7) Other requirements: All other requirements of Chapter 161 that do not conflict with the provisions herein shall apply to development applications in the NC Zone.

N. Automotive repair services in the I Zone.

(1) No repair activities shall be conducted outside of a building interior.

(2) Only vehicles awaiting repair or pickup may be left outside the building. No vehicle shall be left outside for more than 30 days from the date when it first arrived at the property.

(3) Both mechanical and auto body repairs are permitted provided all applicable health and safety codes are followed.

(4) All vehicle storage areas within 100 feet of a residential zone or property shall be screened from view in a manner acceptable to the Planning Board.

(5) Repairs may be performed on both passenger cars and all other registered vehicles.

(6) Vehicle and equipment rentals are only permitted as an accessory use to the primary automotive repair service.

O. HC-2 Zone.

(1) Purpose.

(a) The HC-2 Zone is generally comprised of small lots, many of which are already developed. It is intended that the properties in this zone be developed and redeveloped with uses that are appropriate in terms of scale and level of intensity, and which are similar but not identical to what is allowed and required in the NC Zone. Whenever possible, it is also the intent of the Borough to encourage lot consolidation in the HC-2 Zone so that economies of scale can be achieved and issues related to connectivity, access to Route 23 and site development coordination are more easily attained.

(b) The HC-2 Zone properties are generally of limited size and are therefore not appropriate for some uses that had been allowed as permitted or conditional uses in the former HC Zone. Furthermore, certain limited, low-intensity uses can be accommodated on smaller lots than the minimum requirement for other uses in the HC-2 Zone. Consequently, the HC-2 Zone establishes a dual set of dimensional standards based on the type of permitted uses identified in this subsection.

(2) Permitted, accessory, conditional and prohibited uses.

(a) Permitted uses - categories A and B.

[1] Category A: retail, wholesale and personal service commercial uses; offices; non-drive-through restaurants; art and music studios and similar facilities; auto sales and auto repair operations; expanded home occupation facilities as defined in § 161-32D(1)(k) of the Code of the Borough of Franklin.

[2] Category B: Provided the total building floor area does not exceed 3,500 square feet, the following Category B uses are permitted in the HC-2 Zone: retail, wholesale and personal service uses; offices; expanded home occupation facilities, as defined in § 161-32D(1)(k) of the Code of the Borough of Franklin; one- to three-family residential structures not forming part of a mixed-use building.

[3] For purposes of the permitted uses in the HC-2 Zone, a "wholesale" use means a business that engages primarily in business-to-business trade. For purposes of the HC-2 Zone, a wholesale business is permitted to include a retail component. Large-scale wholesale operations with a high volume of truck traffic are not included in this definition and are not permitted in the HC-2 Zone.

(b) Accessory uses: off-street parking; solid waste storage facilities; and signs.

(c) Conditional uses: residential uses in mixed-use buildings, subject to the conditions on residential uses in mixed-use buildings in the NC Zone, as set forth in § 163-33M.

(d) Prohibited uses: All uses not specifically allowed in this subsection are prohibited. Without limiting the generality of the foregoing, all businesses with drive-through facilities are specifically prohibited, as are houses of worship, medical facilities, and animal hospitals.

(3) Dimensional standards. The following dimensional requirements apply to the HC-2 Zone.

		Category A	Category B
	Minimum lot area	30,000 square feet	20,000 square feet
	Minimum lot width	125 feet	100 feet
	Minimum lot depth	150 feet	125 feet
	Minimum front yard	40 feet	25 feet
	Minimum side yard	20 feet	15 feet
	Minimum rear yard	30 feet	20 feet
	Maximum building height/stories	35 feet/3 stories	35 feet/3 stories
	Maximum building coverage	25%	30%
	Maximum lot coverage	60%	70%

(4) Parking requirements. The parking requirements set forth in § 161-35 of the Code of the Borough of Franklin shall apply to all uses within the HC-2 Zone.

(5) Buffering requirements. All lots occupied by commercial uses shall be buffered against adjacent residential uses by means of a minimum ten-foot-wide buffer area, which shall be landscaped with evergreen trees or shrubs having a minimum height of six feet.

(6) Signs. All signs shall adhere to the requirements of § 161-24 and all other sign standards contained within the Code of the Borough of Franklin.

(7) Bonus provisions. Any lots existing at the time of the creation of the HC-2 Zone shall be considered lots of record for the purpose of this subsection. Any application for development that includes two or more lots of record that are to be consolidated shall qualify for the following bonuses:

(a) One additional residential unit may be included in the structure, including Category B one- to three-family residential structures, and mixed-use structures with a residential component permitted as a conditional use.

(b) The following coverage limitations shall apply:

	Category A	Category B
Maximum building coverage	30%	36%
Maximum lot coverage	72%	84%

P. Open-Space Governmental Use (OS/GU) District.

(1) Purpose. The purpose of the Open-Space Governmental Use (OS/GU) District is to delineate open space area in the Borough in accordance with state law and regulation, and any applicable deed restrictions and encumbrances as more specifically stated on instrument(s) and covenant(s) of record for such property(ies).

Q. 520 Route 23 Inclusionary Zone (RT23).

(1) Purpose. The purpose of the 520 Route 23 Inclusionary Zone (RT23) is to expand the housing stock in the Borough through both market-rate and affordable residential units. The RT23 Zone seeks to provide townhouse style residential units along with a variety of recreational amenities for residents. Development in the RT23 Zone will be designed in a manner that protects the environmentally sensitive nature of the area.

(2) Lands to be included. The following two parcels are hereby included within the RT23 Inclusionary Zone: Block 104, Lots 1 and 2.

(3) Permitted principal uses.

(a) Single-family detached dwellings.

(b) Townhouse/attached single-family dwellings as defined in § 161-3.

(4) Permitted accessory uses and structures.

(a) Public and private garages;

(b) Off-street parking;

(c) Signs; and

(d) Recreational uses and residential amenities such as, but not limited to, clubhouses, common open spaces, walking paths, gazebos, swimming pools, putting greens, tot lots and sports courts.

(e) Any use deemed to be customarily incidental to a principal permitted use.

(5) Area and bulk requirements.

(a) Tracts.

[1] Minimum tract size: 50 acres.

[2] Minimum building setback from external lot line: 50 feet.

[3] Minimum building setback from parking areas: 10 feet.

(b) Individual townhouse/attached single-family dwelling lots.

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

[2] Minimum lot width: 18 feet.

[3] Minimum lot depth: 65 feet.

[4] Minimum front yard setback: 15 feet.

[5] Minimum rear yard setback: 20 feet.

[6] Minimum side yard setback: zero feet.

(c) Townhouse/attached single-family dwelling building standards.

[1] Maximum building height: 35 feet.

[2] Maximum number of stories: three stories.

[3] Maximum dwelling units per building: 12 units.

[4] Maximum number of units without an offset: four units.

[5] Minimum offset in building: two feet.

[6] Maximum building length: 200 feet.

[7] Minimum distance between townhouse buildings: 25 feet.

[8] Maximum building coverage: 20%.

[9] Maximum improved lot coverage: 50%.

[10] Maximum density: six units per acre.

(d) Accessory structure requirements.

[1] Except for fences and retaining walls, accessory buildings and structures shall meet the property line setbacks of principal buildings.

[2] Signs.

[a] Maximum number of freestanding or monument identification signs per tract: two.

[b] Maximum sign area per sign: 40 square feet.

(e) Off-street parking shall comply with the New Jersey Residential Site Improvement Standards for number of spaces, size of spaces, and all other standards.

(f) Electric vehicle supply/service equipment (EVSE) requirements:

[1] At least 15% of the required off-street parking spaces prepared as Make-Ready spaces. EVSE installed in at least 1/3 of the total number of Make-Ready spaces. More conditions after three and six years found in N.J.S.A. 40:55D-66.20(3)(a).

[2] At least 5% of EVSE and Make-Ready spaces must be ADA accessible.

(6) Requirements for low- and moderate-income housing.

(a) All developments within the RT23 District shall include a set-aside of low- and moderate-income housing units at a rate of 20% of the total number of units in the development.

(b) The building design for the low- and moderate-income units shall be similar in style and character to the building design for the market rate units; however, affordable units may be stacked.

(c) The income-based restriction shall be set forth in a master deed or other recorded instrument applicable to all of the income-limited dwellings in the development. The master deed or other recorded instrument shall contain procedures governing the sale, transfer and rental of income-limited units within the district so that the municipality, developer and homeowners' association can enforce the occupancy restrictions set forth herein. The master deed or other recorded instrument may be recorded on a phased basis as long as the restriction applies to every income-restricted dwelling within the phase. The income restrictions shall also be set forth or referred to in every deed of conveyance of an individual income-restricted dwelling unit in the development.

(d) The affordable housing obligation shall be satisfied by constructing affordable housing units within the development, consistent with Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.) Housing and any other applicable requirements.

(e) The specific mix of the above designations shall be set forth in a written agreement between the Borough and the developer.

(7) Common open space implementation requirements.

(a) A minimum of 20% of the total tract area shall be preserved as open space by permanent deed restriction. At least 15% of the total open space area shall be developed with a mix of active and passive recreation facilities. All or part of this open space area may, at the discretion of the developer, be dedicated to the Borough or maintained as a common open space by the Homeowner's Association. The Borough is under no obligation to accept such dedication, if offered.

(b) Active recreation space shall be improved with facilities, buildings and structures for indoor and/or outdoor recreational activities consistent with the residential character of the development and the lifestyle needs of the residents therein.

(8) Environmentally constrained areas.

(a) Environmentally constrained areas may only be disturbed according to following table, existing and proposed access drives, roads and areas where an NJDEP permit applies are not included in the percentages below:

Constraint Category	Permitted Land Disturbance within Constraint Area
Steep slopes (greater than 15%)	65%
Wetlands/transition areas	As regulated by NJDEP.
Rock outcrops, high groundwater, and shallow bedrock	Any proposed disturbance of or construction on lands containing these constraint categories shall be required to demonstrate engineering feasibility.
Riparian buffers, floodplains, or any USFS-identified streams	As regulated by N.J.A.C. 7:8 Stormwater Management Rules and N.J.A.C. 7:13 Flood Hazard Area Control Act Rules.

(b) Man-made steep slopes, such as those associated with rights-of-way and culverts, are exempt from the disturbance limitations.

(c) These sections supersede the requirements set forth in § 161-25, regarding environmentally sensitive areas, of the Franklin Code for the property included in the 520 Route 23 Inclusionary Zone District.

(9) Roads and circulation.

(a) Development of all tracts within the RT23 District shall be served by a single access road, the design of which shall include a boulevard-style configuration and be consistent with New Jersey Residential Site Improvement Standards requirements. The minimum dimensions of a boulevard road shall provide one twelve-foot-wide travel lane in each direction, separated by a minimum four-foot curbed or striped island. Notwithstanding the foregoing, if it can be shown that the disturbance area limitations or other features associated with a boulevard-style entrance will be disapproved by NJDEP, then the curbed island can be eliminated and a typical two-lane access road can be constructed, the width of which will be up to 36 feet wide as appropriate.

(b) All public streets, internal roadways and private driveways shall be designed and constructed in accordance with the requirements of the New Jersey Residential Site Improvement Standards. Private driveways shall be designed and constructed in accordance with the applicable sections of the Franklin Borough Land Development Standards.

(c) A gatehouse may be located at the entrance to a development in the RT23 District.

(d) Residential off-street parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards. The Planning Board is permitted to grant de minimis exceptions to RSIS standards as deemed appropriate.

(e) Required off-street parking for residents must be provided in private driveways and garages, common garages under residential buildings, or surface parking facilities. Visitor parking may also be provided in surface parking lots. On-street parking is permitted as set forth by RSIS.

(f) Said parking shall be landscaped, lighted and conveniently located within 150 feet of the building to be served, with the exception of guest parking.

(10) General design standards.

(a) Existing residential use. Efforts should be made to retain the existing historic residence on Lot 1, Block 104. The residence may be retained as an existing single-family use or converted to an amenity space for the townhouse development.

(b) Buffer. The developer shall provide and maintain a buffer area inclusive of the required yard of not less than 50 feet from all external lot lines of the development. The buffer area shall, to the extent possible, be kept in its natural state where wooded. Where natural vegetation is sparse or nonexistent, the area shall be supplemented and planted to provide a year-round natural vegetative screen. The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirements of this chapter. Only the following uses shall be permitted in a buffer area:

[1] Detention and stormwater management basins.

[2] Underground utilities.

[3] Walkways, trails and bicycle paths.

[4] Roadways.

[5] Fences and retaining walls, where needed.

[6] A gatehouse.

[7] Parking spaces and driveways.

(11) Landscaping. Landscaping shall be provided throughout the development site to provide a natural setting for building structures and recreational facilities. All islands or unpaved areas within a street shall be landscaped. Existing vegetation shall be retained and maintained to the greatest extent possible. Indigenous vegetation shall be chosen for its weather-tolerant and decorative qualities, as well as its ability to support native wildlife.

(12) Walkways shall be provided between residential buildings and common parking areas and to all amenities provided on the site. Walkways shall have a minimum width of four feet and shall meet ADA grade requirements when required.

(13) No natural vegetation shall be disturbed except as approved by the Planning Board pursuant to a site plan application. The site plan shall indicate the maximum area of clearing and the natural areas to be maintained.

(14) Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designed in keeping with the character of the development and shall be adequately shielded to screen windows of surrounding residential units, both within and surrounding the district, from glare and spillover light. No flashing, intermittent, or moving light shall be permitted.

(15) Air-conditioning units in excess of 2,500 BTUs shall be screened and insulated for aesthetic and acoustical purposes if they are less than 10 feet from sidewalks.

(16) Ownership and maintenance. The ownership and maintenance requirements of developments in the RT23 District shall be in accordance with the regulations of the New Jersey Department of Community Affairs.

(17) Developments subject to applicable ordinances.

(a) Except as indicated below, any development in the RT23 District shall be subject to all applicable ordinances of the Borough of Franklin. Where there is any conflict between the provisions of this subsection and the provisions of the Site Plan Ordinance and/or the Land Subdivision Ordinance, the provisions of this subsection shall prevail.

(b) Development in the RT23 District is exempt from the following ordinance provisions:

[1] Section 161-24, regarding design and building layout requirements.

[2] Section 161-25, regarding environmental

§ 161-34 Conditional uses.

A. General. The Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area and does not have any adverse effect on surrounding properties.

B. Requirements for specific uses.

(1) No building, structure or premises in the HC-1 Zone shall be used as an automobile service station or automotive repair service unless it is in conformance with the following conditions:

[Amended 9-14-2010 by Ord. No. 9-2010; 7-26-2016 by Ord. No. 14-2016]

(a) The lot shall meet the minimum lot size requirements for its zone.

(b) Such use shall have a street frontage of at least 150 feet and an average depth of at least 150 feet.

(c) The walls of any building or structure, other than gasoline or oil filling devices, shall be set back at least 15 feet from every adjoining property line and at least 25 feet from any street right-of-way line, unless the automotive service station abuts a residential zone, then the minimum side or front yard setback for the residential zone shall apply.

(d) The entrance and exit driveway or driveways to and from any automotive service station shall be at least 18 feet wide but not more than 25 feet wide, located at least 10 feet from any adjoining property line and at least 20 feet from the corner of any intersecting public streets. Driveways shall be designed so that exiting vehicles do not have to back out onto any public sidewalk, street or right-of-way.

(e) A curbed landscaped area, at least five feet wide, shall be installed and maintained and shall extend across the front and any other street line abutting the public sidewalk, and no sign or other object or device shall be parked or placed thereupon. A landscaped buffer of at least five feet shall be required along all sides and property lines.

(f) All services or repairs to or for motor vehicles shall be conducted within the confines of a building, except the sale and supply of oil and gasoline and the filling of tires and batteries and other services customarily incidental to the sale of gasoline, oil and automobile supplies and accessories.

(g) In any automotive service station, storage facilities for gasoline, oil or other flammable materials in bulk over 55 gallons shall be located wholly underground unless otherwise required by law. No gasoline pump shall be located or permitted within any enclosed or semienclosed building.

(h) Every automotive or oil filling device shall be located at least 15 feet from any street right-of-way line. Side and rear line setbacks of at least 10 feet are required when adjoining a nonresidential use and at least 20 feet when adjoining a residential use or zone.

(i) At any automotive service station where motor vehicles to be repaired will remain more than 24 hours, a solid fence, at least six feet in height, made of a composition which will effectively screen the property, shall be placed to effectively screen views from the street.

(j) Notwithstanding anything to the contrary contained in this subsection, no motor vehicles or automobiles so in need of repair as not to be readily operable under their own power or which require substantial repair or which are not licensed or which cannot reasonably be used for transportation shall be permitted on any lot containing or used in connection with a automotive service station for more than 30 days from the date when such motor vehicle was first parked, left standing or otherwise placed upon said property. Any property owner with more than one vehicle as defined in this subsection shall provide for a six-foot high fence or landscape screen.

(k) No auto body repair work shall be permitted within the HC Zone.

(l) No repair work on vehicles in excess of a GVW of 15,000 pounds shall be permitted within the HC Zone.

(m) Auto sales are permitted as an accessory use in connection with an automobile service station provided the number of vehicles offered for sale at any one time is no more than five and the number of parking spaces is sufficient to meet the demands of the other uses on the site.

(n) Any automotive repair operation that exists separate and apart from an automobile service station in the HC Zone shall adhere to the provisions of § 161-34B(1) that apply to automotive repairs and auto sales.

(2) Public utility buildings.

(a) The minimum lot area for the zone in which the use is located shall be met.

(b) All yard and setback requirements of the zone shall be met; provided, however, that no yard shall be less than the height of the facility.

(3) Commercial recreation facilities.

(a) There shall be a minimum lot area of 25 acres.

(b) Any permanent structure or facility shall be located at least 200 feet from the property line.

(c) No building shall exceed the height limit of its zone except as provided in this chapter.

(d) Any property so used shall front on arterial or collector street.

(e) Off-street parking shall be provided in accordance with this chapter. All parking areas and driveways shall be located at least 50 feet from a street or property line and at least 10 feet from a building.

(4) Mineralogical landmark uses.

(a) Uses in this category shall be limited to public and semipublic, nonprofit uses and activities associated with the mineralogical history and heritage of Franklin and may include museums, scientific exploration and related educational functions.

(b) All required conditions in Schedule B [1] pertaining to single-family lots shall be met, except that there shall be a minimum lot area of five acres measured within 600 feet of the front street right-of-way.

[1] Editor's Note: Schedule B is included at the end of this chapter.

(c) Buildings and pavement shall not occupy more than 10% of the lot area.

(d) Off-street parking shall be provided in accordance with this chapter.

(5) Houses of worship.

(a) No building shall exceed the height limit of its zone except as provided in this chapter.

(b) There shall be a minimum lot area of five acres measured within 600 feet of the front street right-of-way.

(c) All buildings shall be located at least 100 feet from a street or residential zone property line, at least 25 feet from a side property line and 100 feet from a rear property line.

(d) Any property so used shall front on an arterial or collector street.

(e) Off-street parking shall be provided in accordance with this chapter. All parking areas and driveways shall be located at least 25 feet from a street or property line and at least 10 feet from a building.

(f) There shall be a minimum distance between buildings of 25 feet but not less than the height of the shorter building.

(6) Drive-through uses.

[Amended 9-14-2010 by Ord. No. 9-2010]

(a) A minimum lot area of one acre shall be required.

(b) The minimum floor of the building to which the drive through is attached shall be at least 1,000 square feet.

(c) The maximum volume of any exterior speakers shall meet the following standards at the property line:

[Amended 2-11-2014 by Ord. No. 1-2014]

[1] Where the abutting property is zoned or used for residential purposes:

[a] Between the hours of 7:00 a.m. and 10:00 p.m.: 65 db.

[b] Between the hours of 10:00 p.m. and 7:00 a.m.: 50 db.

[2] Where the abutting property is zoned for nonresidential purposes: 65 db.

(d) Where adjoining property is zoned or used for residential purposes, the buffering along the property line shall include a solid fence.

[Amended 2-11-2014 by Ord. No. 1-2014]

(e) The traffic circulation design shall provide for one-way circulation in the area directly adjacent to the drive-through lane and queuing aisle, unless the drive-through lane and queuing aisle are physically separated from the circulation elements.

[Amended 2-11-2014 by Ord. No. 1-2014]

(7) Private and public schools.

[Added 9-14-2010 by Ord. No. 9-2010]

(a) All existing schools as of the date of this ordinance[2] amendment shall have the status of an allowed conditional use and may be expanded provided they meet the items in Subsection B(7)(f) and (g) below. All new schools shall meet all of the following conditions below.

[2] Editor's Note: "This ordinance" referes to Ord. No. 9-2010.

(b) The maximum tract size shall be 10 acres and may include more than one lot, provided the lots are contiguous.

(c) The minimum front yard setback shall be 75 feet.

(d) The maximum building coverage shall be 25%.

(e) All other minimum and maximum dimensional requirements of the R-1 Zone shall be met as per Schedule B.[3]

[3] Editor's Note: Said schedule is included at the end of this chapter.

(f) Parking shall meet the standards established in § 161-35.

(g) The site shall have direct access to an arterial or collector road.

§ 161-35 Off-street parking.

A. Minimum required off-street parking schedule for nonresidential uses. The number of off-street parking spaces required for any nonresidential use shall be determined by reference to Parking Schedule I below.

(1) Unscheduled uses. Off-street parking requirements for uses not listed in Parking Schedule I shall be established by the Board, based upon accepted industry standards.

(2) Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated that staggered hours would permit modification.

(3) Fractional spaces. Whenever the application of Parking Schedule I standards results in the requirements of a major fraction of a space in excess of .5, a full space shall be required.

(4) Exceptions to off-street parking in the B-1 Zone. Any owner or group of owners of a business building or buildings in the B-1 Zone may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein, that such jointly sponsored facilities comply with all the other requirements of this chapter and further provided that any participating use is no farther from the parking area than 300 feet. Prior to allowing such jointly sponsored parking facilities, a written agreement between all participating owners assuring maintenance of the parking facilities shall be submitted to and approved by the Board.

	Parking Schedule I
	Parking Requirements for Non-Residential Uses
	Use		Required Parking Spaces
	Automotive showroom/sales lot		1 per 300 square feet of showroom and sales office space
	Bar, nightclub		1 per 3 occupants at full capacity
	Financial institution		1 for each 300 square feet of building area or 5 spaces per teller, whichever is greater
	Funeral home, mortuary		10 for each viewing room/minimum 30 spaces
	Garden center		1 per each 1,500 square feet property area
	Gasoline service station or repair garage		3 for each bay, plus 1 for each service vehicle
	Home occupation		1 per employee
	Hotel		1 per room, plus 1 space for each 1,000 square feet of conference or similar space
	Indoor recreation, including roller rink, ice rink, recreation center and sports club		4.5 for each 1,000 square feet of building area
	Laboratory, research use, industrial		1 for each 500 square feet of building area
	Office, dental or medical		4 for each doctor, plus 1 per 250 square feet of building area
	Office, other		1 per 200 square feet of building area
	Outdoor recreation:
		Court games	4 per court
		Other	1 per 150 square feet of assemblage space
	Places of worship, community buildings, social halls and places of indoor public assembly		1 for each 3 seats (sixty-inch pew). Where the specific amount of seating is undetermined, then 1 parking space shall be required for each 75 square feet of assemblage area.
	Restaurant, catering halla		1 for each 2.0 sets
	Retail uses not separately listedb		5 per 1,000 square feet of building area
	Educational facility:
		Elementary and intermediate school	1 per employee, plus sufficient parking for busses
		Secondary school	1 per employee, plus 1 per each 5 students in grades 11 and 12, plus sufficient parking for busses
		Postsecondary and other educational facility	2 per each 3 full-time students and 1 for each 5 part-time students, plus sufficient parking for busses
	Theater		1 for each 3 seats
	Farmstead/produce		1 for 120 square feet of building and 1 per 500 square feet outdoor sales space.
	Galleries		1 per 300 square feet
	Golf course		4 per hole
	Veterinary hospital		1 per 300 square feet

	NOTES:
	aTake-out components of restaurants shall add one additional space for each 25 square feet of take-out service area.
	bRetail uses such as delicatessen, bakeries and coffee shops with on-site seating shall add one additional space for every 3 seats.

B. Minimum required off-street parking schedule for residential uses. The number of off-street parking spaces required for residential uses. The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Parking Schedule II below. Alternative parking standards to those shown in the Schedule below shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location and available off-site parking sources.

	Parking Schedule IIa
	Parking Requirements for Residential Land Uses
	Housing Unit Type/Size		Parking Requirement
	Single-family detached
		2 bedroom	1.5
		3 bedroom	2.0
		4 bedroom	2.5c
		5 bedroom	3.0
	Garden apartmentb
		1 bedroom	1.8
		2 bedroom	2.5c
		3 bedroom	2.1
	Townhouseb
		1 bedroom	1.8
		2 bedroom	2.3c
		3 bedroom	2.4
	Planned adult community		1.5 spaces per unit

	NOTES:
	aAs amended from time to time.
	bRequirements for attached units (apartment/condominium/townhouse) include provisions for maintenance staff and guest parking.
	cIf applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.
	dThe Board may grant waivers and exceptions where appropriate.

(1) A one-car garage and driveway combination shall count as two off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way line. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.

(2) When housing is included in mixed-use development, a shared parking approach to the provision of parking may be permitted.

(3) For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.

§ 161-36 Nonconforming uses, structures and lots.

A. Continuance of existing nonconforming uses and structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.

B. Discontinuance of abandoned nonconforming uses. Any nonconforming use which has not been used for a continuous period of one year or more shall not thereafter be revived.

C. Alteration, extension or enlargement of nonconforming use or structure.

(1) A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.

(2) No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:

(a) Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.

(b) Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.

(c) Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.

(3) Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.

(4) A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.

D. Restoration of existing buildings or structures nonconforming because of use. Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired in the event of partial destruction thereof.

E. Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.

F. Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:

(1) The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone, unless approved by the Board of Adjustment.

(2) Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, including any vertical additions of any type.

(3) Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum impervious coverage set forth in Schedule B. [1]

[1] Editor's Note: Schedule B is included at the end of this chapter.

(4) The Construction Official of the Borough of Franklin is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this subsection.

G. Nonconforming unimproved lot. Notwithstanding any other provisions of this article, any existing nonconforming lot in the R-1, R-2, R-3 and R-4 Zones not adjoining any vacant land and which is nonconforming due to shape or area may be improved with a new building or structure in accordance with the use requirements of this article, provided that the minimum bulk and dimensional requirements shall be met for the zone in which it is located.

H. Nonconforming residential lots in HC-1 and HC-2 Zones. Existing one-family residential dwellings shall be permitted in the HC-1 and HC-2 Zones and shall be regulated by the R-3 Zone standards.

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