Township of Franklin, NJ Article XI Clustering

§ 253-98 Residential cluster development in PR-R District. [1]

[Added 6-26-2012 by Ord. No. O-5-12; amended 8-12-2025 by Ord. No. O-5-25]

A. In the PR-R District, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. (This section is not intended to prohibit development that meets the Pinelands social and cultural exemption requirements of §§ 253-156H and 253-97B.) The following standards shall apply to PR-R clustered developments:

(1) Permitted density: One unit per 3.4 acres.

(2) The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A(1) above, with a bonus potential applied as follows:

(a) For parcels less than 50 acres in size: zero bonus units.

(b) For parcels between 50 acres and less than 100 acres in size: bonus of 10%.

(c) For parcels between 100 and less than 150 acres: bonus of 15%.

(d) For parcels of 150 acres or more in size: bonus of 20%.

(3) The residential cluster should be located on the parcel such that the development area:

(a) Is located proximate to existing roads;

(b) Is located proximate to existing developed sites on adjacent or nearby parcels;

(c) Is or will be appropriately buffered from adjoining or nearby nonresidential land uses;

(d) Complies with the agricultural buffer requirements of § 253-101; and

(e) Conforms with the minimum environmental standards of Article VIII (Management Program and Minimum Standards for Pinelands Protection Area).

(4) PR-R residential cluster development standards.

(a) Lot size.

[1] Minimum lot size: 1.0 acre.

[2] Average lot size: 1.1 acre.

[3] Residential lots should be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres.

(b) Bulk requirements.

[1] Tract buffers and screening.

[a] The agricultural buffer requirements of this chapter shall apply to PR-R cluster developments. See § 253-101.

[b] Buffer strip width.

[i] Buffer strips between the cluster development and the following districts shall be as follows (provided that no buffer strip shall be less than the minimum required unless approved by the Board, and provided that maximum buffer width may be required by the Planning Board when deemed necessary in the public interest):

[A] Pinelands Agricultural Production (PAP): 50 feet to 150 feet.

[B] Pinelands Neighborhood Commercial (PNC): 50 feet to 150 feet.

[C] Pinelands Highway Commercial (PHC): 100 feet to 300 feet.

[D] Pinelands Light Manufacturing (PLM): 100 feet to 300 feet.

[E] Pinelands Institutional (PI): 100 feet to 300 feet.

[ii] The general buffer strip regulations of this chapter (§ 253-103) shall apply to the required buffer areas.

[c] No activity, storage of materials, roadways, or structures are permitted in buffer areas, except underground utilities, and stormwater improvements as approved by the review board.

[2] Minimum lot frontage: 100 feet.

[3] Maximum impervious coverage: 35%.

[4] Maximum principal building height: 35 feet or 2.5 stories.

[5] Minimum yard setback (principal building).

[a] Front: 50 feet.

[b] Side: 20 feet.

[c] Rear: 50 feet.

[6] Minimum yard setback (accessory structure).

[a] Front: accessory structures not permitted in front yards.

[b] Side yard: 10 feet (except that accessory buildings with a ground floor area exceeding 500 square feet shall conform to the setback requirements for principal structures).

[c] Rear yard: 10 feet.

[d] Maximum number of accessory structures: two.

[7] Accessory uses within a PR-R residential cluster development.

[a] Home office of a physician, dentist, lawyer, architect, engineer or other licensed professional person, when located within or directly connected to the dwelling (not within accessory structures) and consistent with the applicable standards of below:

[i] Home office: an activity carried out for gain, conducted entirely within a detached single-family dwelling unit, which the home office is clearly secondary to use of the lot for residential purposes.

[ii] Such activity shall be conducted solely by residents of the dwelling on the lot, except that no more than one nonresident may be employed.

[iii] No more than 400 square feet may be used for such activity.

[iv] The residential character and visual appearance of the dwelling and accessory structures and of the site itself shall be maintained.

[v] Signs shall conform to the standards of § 253-177 applicable to the residential district.

[vi] No machinery or other equipment shall be used on site which shall interfere with radio or television reception on adjoining properties.

[vii] Such use shall not reduce the parking or yard requirements of the residential use.

[viii] Parking shall be provided as required by § 253-93A of this chapter.

[b] Home occupations when located within or directly connected to the dwelling (not within accessory structures) and consistent with the applicable standards of below.

[i] Home occupation: an activity carried out for gain, conducted entirely within a detached single-family dwelling unit, which the home occupation is clearly secondary to use of the lot for residential purposes.

[ii] Such activity shall be conducted solely by residents of the dwelling on the lot, except that no more than one nonresident may be employed.

[iii] No more than 400 square feet may be used for such activity.

[iv] The residential character and visual appearance of the dwelling and accessory structures and of the site itself shall be maintained.

[v] No more than one motor vehicle used in such activity shall be parked on the site. Such vehicle shall comply with the provisions of § 253-190.11, Commercial vehicle parking.

[vi] Other than as provided in Subsection A(4)(b)[7][b][v] above, all vehicular equipment used or associated with such activity may not be parked or stored on site or on any public streets or rights-of-way but must be stored or parked in an off-street parking or storage area.

[vii] Signs shall conform to the standards of § 253-177 applicable to the residential district.

[viii] Except as provided in Subsection A(4)(b)[7][b][v] above, no display of products, supplies, materials, tools, equipment or other items used in the activity shall be visible from the adjoining street or property lines.

[ix] A home occupation activity may involve the creation, construction and/or assembly of product or parts thereof on site; however, the occupation shall not use any equipment or process that uses hazardous chemicals or creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio and television reception, detectable by neighbors.

[x] No articles or service may be sold or offered for sale on the premises except such as may be produced on the premises by a resident thereof. Such activities as clinics, hospitals, barbershops, beauty parlors, and body modification studios/parlors, luncheonettes, bed-and-breakfast homes, animal hospitals, music and dancing schools (other than for individual instruction) shall not be deemed home occupations under the terms of this definition.

[xi] No machinery or other equipment shall be used on site which shall interfere with radio or television reception on adjoining properties.

[xii] Such use shall not reduce the parking or yard requirements of the residential use.

[c] A private garage, provided that such garage is located in the rear yard of the lot or is directly connected to the dwelling.

[d] Signs as permitted in Article XXX of this chapter.

[e] Fences, subject to the standards of § 253-190.9.

[f] Swimming pools, provided that such pools shall be secured as required by the Uniform Construction Code.

[g] Tennis court.

[h] Parking of commercial vehicles in conjunction with a residential use subject to the provisions of § 253-190.11.

(c) Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 253-77B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection (5)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 253-77B(5) or (7). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 253-77B(5) or (7) shall also be permitted;

(d) The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

(e) Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

(5) The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Franklin Township or incorporated as part of one of the lots within the cluster development area.

(a) All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Franklin Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

(b) The deed of restriction shall permit the parcel to be managed for:

[1] Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 253;

[2] Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

[a] For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

[b] For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;

[c] For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(5)(b)[2][a] or [b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(5)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;

[d] The deed of restriction to be recorded pursuant to Subsection A(5)(b)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Gloucester County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

[e] For parcels which meet the standards of Subsection A(5)(b)[2][a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.

[1] Editor's Note: Former § 253-98, R-2, R-3 and R-4 Districts, as amended, was repealed 9-14-2004 by Ord. No. O-13-2004.

§ 253-99 through § 253-100. (Reserved) [1]

[1] Editor's Note: Former § 253-99, R-A, R-1 and PR-R Districts, as amended, was repealed 9-14-2004 by Ord. No. O-13-2004. Former § 253-100, Minimum cluster standards, as amended, was repealed 10-23-2007 by Ord. No. O-20-2007.

§ 253-101 Right to farm.

[Added 7-23-1980 by Ord. No. O-17-80; amended 2-13-2001 by Ord. No. O-1-2001]

A. The right to farm all lands within the Township of Franklin is hereby recognized to exist as a natural right and it is also hereby ordained to exist. Historically Franklin Township, a rural community with a significant and active agricultural base, recognizes its heritage as well as its' residents desire and natural right to farm. This section codifies and ordains that natural right to farm everywhere in the Township where farms are permitted by zoning or where existing farms continue operation under the protection of § 253-95. The right to farm as used in this section includes the use of large irrigation pumps and equipment, aerial and ground spraying, large tractors, numerous farm laborers, housing meeting all state and federal regulations and the application of fertilizers (but not biosolids) and pesticides otherwise permitted by state and federal regulations, all for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, wood, trees, plants, shrubs, flowers and seeds. This right shall also include the right to use land for grazing or keeping of animals, subject to the restrictions contained in the applicable zoning district. The application of biosolids on farms is not protected under the provisions of this section.

[Amended 3-13-2001 by Ord. No. O-5-2001]

B. The foregoing uses and activities involved in the right to farm when reasonable and necessary for the particular farming or livestock or fowl production and when conducted in accordance with generally accepted agricultural practices, as determined by the county agriculture development board or the State Agriculture Development Committee if no county board exists or any successor boards as may be established by the State of New Jersey, may occur on holidays, Sundays and weekdays, at night and in the day, and the noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right. It is expressly found that whatever inconvenience may be caused to others by such farming practices and activities so conducted on a farm is more than offset by the benefits from farming to the neighborhood and community and to society in general by the preservation and continuing of farming operations in Franklin Township and in New Jersey as a source of agricultural products for this and future generations. Any person aggrieved by the operation of a farm shall file a complaint with the county agriculture development board, or the State Agriculture Development Committee if no county board exists, pursuant to the provisions of N.J.S.A. 4:1C-l0.1 prior to filing an action in court.

[Amended 3-13-2001 by Ord. No. O-5-2001]

C. All applications for site plan or subdivision approval located in or immediately abutting an R-A, PR-R or PA-P Zone adjacent to lands that are assessed currently, or within any of the three calendar years preceding the application, as qualified farmland under the New Jersey Farmland Assessment Act[1] shall include notice as follows:

(1) A minor subdivision plan shall include either the complete right to farm provision contained in § 253-101 or the following notice: "Notice: On the date of the creation of this lot, Franklin Township permitted and may continue to permit by ordinance, farming activities which some may deem offensive such as, but not limited to, aerial and ground application of pesticides, use of power-driven equipment, such as tractors and irrigation pumps, grazing of livestock, etc." is prominently shown on the plat and agreed upon by the subdivider to be included in each deed of conveyance of any of the subject lots.

(2) The approval authority shall require the developers of major subdivisions to provide prospective purchasers of lots within the subdivision with written notice that Franklin Township has a right-to-farm ordinance which notice shall include a copy of this § 253-101 and shall appear as a legend on the final plat.

[1] Editor's Note: See N.J.S.A. 54:4-23.1 et seq.

D. Agricultural buffers in or adjacent to a R-A, PR-R or PA-P Zone.

(1) Minor subdivisions and site plans shall show a buffer strip of 50 feet in width in a side yard area and 100 feet in width in a rear yard area and major subdivisions shall show a vegetated buffer strip of 200 feet in width on all lots which are along any boundary with land that has been assessed currently or within any of the three calendar years preceding the application as qualified farmland under the NJ Farmland Assessment Act, unless:

(a) Said subdivision lots are five acres or more in size and are intended to be farmed;

(b) Farmland assessment on the adjacent land has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural; or

(c) The adjacent land is a woodlot incidental to the farming operation or a wooded tract that is managed under an approved forestry management plan.

(2) Said buffer strip shall be included in measurements for establishing setbacks for construction and for yard requirements on the lot. Said buffer strip shall be restricted by deed and by final subdivision plat against construction of any buildings or structures other than fences, walls or drainage facilities and against removal of any screen of trees or hedges until such time as rollback taxes have been imposed on said adjacent land for change of its use to a use other than agricultural or horticultural. Buffer strips in major subdivisions shall be vegetated by either retaining the buffer as a naturally wooded area or the planting of a double row of six- to eight-foot tall evergreen trees. The right to enforce said restrictions shall be held separately and may be exercised independently by the Township of Franklin or by the owner of the adjacent farmland.