Township of Franklin, NJ Article XXXV Conditional Use Standards

[Added 7-25-2006 by Ord. No. O-22-2006[1]]

[1] Editor's Note: This ordinance also repealed former Article XXXV, Conditional Use Standards, added 6-26-1984 by Ord. No. O-9-84, as amended.

§ 253-185 Assisted living centers, nursing homes and convalescent centers.

Assisted living, general nursing or convalescent facilities shall be conditionally permitted in the designated zoning districts, provided that the facility has been granted appropriate licensure or certification from the applicable state agency and the following minimum requirements are met:

A. Minimum site area: three acres.

B. Minimum site frontage: 300 feet.

C. Minimum perimeter setback: A minimum perimeter setback of 35 feet shall be maintained around the entire site. No structures or parking may be located within this area. In cases where the boundaries of the parcel abut a residential district or use, the perimeter setback shall be increased to 50 feet along the area abutting the residential district or use.

D. Site coverage.

(1) Building and structure coverage: 20% maximum.

(2) Total impervious coverage: 30%, except that coverage may be increased to 50%, provided that the applicant demonstrates to the satisfaction of the approving authority that there will be no net increase over preconstruction conditions in the volume and rate of stormwater runoff.

E. Height of structures.

(1) Principal structures: 2 1/2 stories or 35 feet.

(2) Accessory structures shall not exceed one story or 15 feet.

F. Parking.

(1) One space for each three resident/patient beds.

(2) One space for each employee on the largest shift.

(3) One space for each physician.

G. Minimum distance between buildings: 35 feet.

H. Outdoor sitting areas. Outdoor sitting areas for residents or patients shall be provided which are well defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy. Such sitting areas shall incorporate paved areas of adequate size to provide space for small groups of wheelchairs and garden furniture.

I. Night lighting. Night lighting shall be provided for the safe and convenient use of streets, driveways, parking areas, walks, steps and other facilities.

J. Landscaping.

(1) All open areas other than those improved as or used for parking, loading, group recreation purposes and pedestrian and vehicular circulation shall be graded, planted, landscaped and properly maintained. Five percent of the total landscaped areas shall be screened on their periphery by means of an evergreen planting, a fence or decorative masonry wall having a height of 4 1/2 feet.

(2) A landscaped buffer shall be provided when the subject use abuts a residential district or where any portion of the rear of the structure is visible from an adjacent street. The buffer shall be at least 10 feet wide and consist of evergreen trees, six to eight feet tall, planted in double alternating rows. Additional plantings may be required if the prescribed buffer landscaping is not sufficiently dense at the time of planting to mask the above-noted portions of the use from view from the street or adjoining property.

(3) Existing natural tree cover may be substituted for the landscape requirements stipulated herein.

§ 253-186 Automobile fueling stations, including fueling stations with convenience retail, as part of a planned development.

Regulations for automobile fueling stations, including fueling stations with convenience retail, shall be as follows:

A. Minimum site area.

(1) In non-Pinelands Areas: one acre.

(2) PHC District: 3.4 acres or the minimum area needed to meet water quality standards of § 253-77B(4), whichever is greater.

B. Minimum setbacks for buildings and structures including protective canopy.

(1) Front yard: 50 feet.

(2) Side yard: 20 feet.

(3) Rear yard: 35 feet.

C. Maximum building or canopy height: 25 feet.

D. Minimum perimeter landscaped area: 10 feet.

E. Minimum parking requirements.

(1) One space per service attendant on largest shift.

(2) One space per 200 square feet of floor area in any structure used for retail sales.

(3) Vehicular access and egress shall be clearly defined and controlled to ensure safe and efficient operation of the facility and to assure safe integration of automotive traffic with other vehicular and pedestrian traffic.

F. Lighting.

(1) Exterior lighting shall be oriented away from adjacent land uses and shielded to prevent spillover onto adjoining properties.

(2) Lighting shall be arranged to avoid obstructing or deterring the visibility of drivers or pedestrians.

(3) No blinking or flashing lighting system shall be permitted.

G. No repair work will be conducted on site except for gasoline or oil sales, changing of tires and other similar minor automobile servicing.

H. The outdoor storage of equipment and parts is prohibited.

I. Tank location and testing.

(1) All gasoline and similar substances shall be stored underground at least 25 feet from any property line.

(2) No gasoline pump shall be located within 25 feet of any street or property line.

(3) All gasoline or petroleum storage tanks shall be tested as required by state law.

J. Signs, pennants, flags and all other advertising displays visible or audible from any public right-of-way are prohibited except as allowed under the sign standards of this chapter.

K. Except as superseded herein, automobile fueling stations shall comply with all other applicable regulations set forth in the subject zoning district.

§ 253-187 Automotive sales and service facilities.

Regulations for automotive sales and service facilities shall be as follows:

A. The facility is a new and used car sales and service establishment operating as manufacturer's franchise.

B. Minimum requirements shall be as follows:

(1) Size of site: minimum of five acres of land and a minimum frontage of 200 feet.

(2) Principal building height: 35 feet.

(3) Building coverage: maximum 15% of the total land area allocated to said establishment.

(4) Maximum impermeable coverage: 50%, except that coverage may be increased to 65%, provided that the applicant demonstrates to the satisfaction of the approving authority that there will be no net increase over preconstruction conditions in the volume and rate of stormwater runoff.

(5) Minimum required setbacks.

(a) Front yard: 150 feet.

(b) Side yard: 50 feet.

(c) Rear yard: 75 feet.

(d) No automobile shall be displayed any closer than 35 feet to the front yard property line.

C. Design standards.

(1) All automotive service activities and operations shall be conducted within fully enclosed structures.

(2) All service entrances and exits shall be located at the rear or side of the principal buildings.

(3) No commercial gasoline stations shall be permitted. As part of a new or used car sales or service, operation of a gasoline-dispensing facility which is an integral part of said operation and is not open to the public may be permitted.

D. On-site parking.

(1) One parking space for every full-time employee.

(2) A minimum of 10 customer parking spaces.

§ 253-188 Local communications facilities.

A. Purpose. The purpose of this section of the chapter is to establish provisions regulating the number, location, design, and construction of local communications facilities, including towers, antennas, equipment sheds and appurtenances, in order to accommodate the personal and commercial needs of the citizenry while protecting the health, safety, vitality, and general welfare of the Township and its environment. The goals of this section are:

(1) To provide for adequate wireless communications throughout the entire Township while minimizing the total number of communications towers.

(2) To minimize the impact of local communications facilities, particularly towers, on areas of scenic and cultural significance to the Township and the region.

(3) To encourage the location of such towers as are necessary in nonresidential and nonrecreational areas.

(4) To require the use of existing towers and other structures as support platforms for local communications facilities to the extent consistent with the purpose and the other goals of this chapter.

(5) To require the collocation of local communications facilities of competing providers in order to reduce the number of required towers.

(6) To ensure that such towers are sited, constructed, and maintained in a manner which poses the fewest hazards to the general public as possible.

(7) To distinguish between those zoning districts in the Pinelands Area wherein the maximum height of local communications facilities is restricted and those in which there is no such height restriction.

(8) To provide for the timely removal of local communications facilities and the restoration of the sites they occupied once they are permanently withdrawn from service.

B. Applicability.

(1) All new wireless local communications facilities, be they affixed to freestanding towers or mounted on existing structures, and any structures, equipment, or features accessory to the operation of said facilities, shall be subject to the provisions contained herein.

(2) Existing local communications facilities shall not be required to conform to the provisions contained herein until such time as they are to be altered for installation of additional facilities.

C. General provisions and requirements.

(1) Upon approval by the Planning Board, the construction and operation of local communications facilities shall be allowed as a conditional use in certain parts of the Township subject to the provisions and limitations contained herein.

(2) All local communications facilities subject to the provisions herein which are located within the Pinelands Area shall comply with the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any Comprehensive Plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)6.

(3) The Township may seek, at the applicant's expense, independent expert advice on the specific locational need for, design, construction, and operation of local communications facilities to aid in the evaluation of applications for such facilities.

(4) The applicant for a local communications facility that involves construction of a freestanding tower more than 100 feet in height shall make space available on the tower for municipal communications needs to the Township, if technical operating requirements allow. The Township shall use such space solely for installation of communications devices for fire, police, or emergency medical services.

(5) The total number of local communications facilities in the Township shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no existing suitable facility within the service area that could be utilized. Citation in a comprehensive plan approved by the Pinelands Commission shall serve as evidence of the need for a facility in a general area but not as to the need for any specific site. The applicant shall agree in writing to submit certification to the Planning Board, and the Pinelands Commission if in a Pinelands Area, every five years that the proposed local communications facility is still in use and that its height cannot be decreased because of operational needs. Oversized facilities shall be reduced to the minimum height necessary for operational needs, as determined by the Planning Board, within 12 months of the certification.

(6) The use of existing structures as support platforms for local communications facilities shall be required in all cases where consent of the structure's owner has been secured; use of the structure will not interfere with the signal emitted from other local communications facilities and is otherwise technically feasible; use of the structure will not increase the total number or affect the location of new towers that will be built in the Township; and the following circumstances apply:

(a) Use of the structure will not require an expansion and the addition of a local communications facility does not harm the character and integrity of the existing structure;

(b) Use of the structure will require an expansion in height but not in excess of 50% of its current height, area or massing profile, and it is either in a certified plan approved by the Pinelands Commission or it is an existing communications structure; or

(c) Use of the structure will require an expansion in excess of 50% where the site is identified in a comprehensive plan approved by the Pinelands Commission and the expansion or reconstruction will preserve the current use and the visual impact of installation of the expanded structure will be less than that of a new local communications facility.

(7) The applicant shall agree that if a new tower is approved, collocation will be permitted unless technically infeasible. The applicant shall also agree that all of the local communications facilities under his or her control within the Township shall be made available for collocation purposes.

D. Height limitations and locational requirements for new local communications facilities.

(1) Non-Pinelands zones. Within those zoning districts where allowed as a conditional use outside of the Pinelands Area of the Township, new local communications facility towers shall be the minimum height required to provide adequate service, not to exceed 200 feet in height as measured from grade. Freestanding towers built to a lesser height shall be designed so that their height may be increased to a maximum of 200 feet if necessary to accommodate the needs of other local communications facilities.

(2) New towers in Pinelands Areas. The following provisions shall apply in the Pinelands Areas of the Township:

(a) No application for construction of a new local communications facility tower shall be approved unless the comprehensive plan governing such facilities, referenced in Subsection C(2) herein, has been approved by the Pinelands Commission.

(b) New local communications facility towers shall not exceed 200 feet in height, as measured from grade. Freestanding towers built to a lesser height shall be designed so that their height may be increased to a maximum of 200 feet if necessary to accommodate the needs of other local communications facilities.

(c) All new local communications facility towers shall be located within the area consistent with the service need for the facility, but in no case beyond a five-mile radius of the area specified in the comprehensive plan referenced in Subsection D(2)(a) above. The applicant shall initially determine and demonstrate a technically feasible search area within this radius.

[1] If the search area contains lands located both inside and outside the Pinelands Area or lands in more than one Pinelands management area, the applicant shall seek to site the facility in accordance with the following hierarchy, with the first designation being the location of greatest preference:

[a] Outside the Pinelands Area;

[b] Pinelands Rural Development Areas;

[c] Pinelands Agricultural Production Areas.

[2] Within the Pinelands Rural Development Area of the Township, new local communications facility towers shall be permitted only at locations in the PH-C and PLM-I Zoning Districts.

(d) To the extent feasible and consistent with other provisions contained in this chapter, new local communications facility towers shall be sited in a manner which:

[1] Minimizes visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public by, in order of decreasing priority:

[a] Avoiding, to the maximum extent practicable, any direct line of sight from low-intensive recreation facilities and campgrounds; and

[b] Minimizing the length of time that an antenna structure is visible from publicly dedicated roads and highways.

[2] Avoids, to the maximum extent practicable, visual impacts as viewed from the wild and scenic rivers and special scenic corridors listed in N.J.A.C. 7:50-6.105(a).

[3] Minimizes visual impacts as viewed from existing residential dwellings located on contiguous parcels through adherence to the buffer, setback and screening requirements established in Subsections D(4) and E(9) of this section.

(e) If multiple sites for new towers that meet all other qualifications are available, the site with the least visual impact shall be selected; if only a single qualifying site is available, the best location on the site that meets all other standards of this chapter shall be selected.

(f) The design and construction of all new local communications facility towers shall adhere to the provisions of N.J.A.C. 7:50-6.103 to 7:50-6.105 regarding setbacks from scenic corridors and in environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise, or hide local communications facilities towers so that they blend into the natural background to the maximum extent possible.

(3) All zoning districts. The following provisions shall apply throughout the Township:

(a) Local communications facilities shall be located so as to meet the technical operating requirements of the applicant and any potential co-locators who have expressed a desire to use the same facility.

(b) Local communications facilities shall be located, in order of preference, on:

[1] Existing structures whose appearance would not be significantly altered (no more than de minimis change in their mass or height, and no impact upon an historic structure or structures within historic districts that have been designated in accordance with the provisions of N.J.A.C. 7.50-6.154, unless the installation can be accomplished consistent with the criteria of N.J.A.C. 7:50-6.156);

[2] Other structures whose appearance would be significantly altered, provided that the visual impact of the former would not exceed that of the eligible undeveloped sites; and

[3] Undeveloped sites eligible for a new tower.

(4) All freestanding local communications facility towers shall maintain a minimum distance of 200 feet from any other structure not on the parcel, public road, sidewalk, residentially developed lot or recreational area and shall comply with the siting design provisions of Subsection D(2)(d) above, where applicable. The Planning Board may reduce this setback requirement by as much as 50% of the required distance, if it finds that limited sites and land tenure necessitate such reduction and safety and visual impacts may be alternately addressed.

E. Design and construction requirements.

(1) All local communications facilities shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and any other agency of the state or federal government with relevant authority. If such standards or regulations are amended, the owners of local communications facilities in the Township shall bring such facilities into compliance within six months of the effective date of such amendments. Failure to bring such facilities into compliance shall constitute grounds for removal of the facility by the Township at the owner's expense.

(2) All new freestanding support towers shall be designed and constructed so as to accommodate the needs of any other local communications provider who has identified a need to locate a facility within an overlapping service area.

(3) All new freestanding support towers shall be of lattice-type construction, except that monopoles may be employed if the applicant warrants that:

(a) The tower can and will be expanded if necessary to the maximum height permitted within the zoning district to accommodate any other local communications provider who expresses a need to collocate; or

(b) If the tower cannot be expanded, it will be replaced, without service interruption to current users, by a tower which can accommodate the collocation needs of other communications providers.

(4) Any accessory shed or other accessory structure shall be built solely to house equipment essential to the operation of the local communications facility and shall be designed, painted, and/or screened by year-round landscaping to blend in with the surrounding environs to the extent possible, as determined by the Planning Board. The structure shall be located as close to the antenna support structure as possible and shall not exceed 10 feet in height or 100 square feet in area, unless expressly authorized by the Planning Board. Only one such structure shall be permitted per facility user, unless a need is otherwise demonstrated to the Planning Board. If feasible, additional land for the equipment needs of future co-locators shall be secured in the purchase/lease of the selected site or be available by lease agreement.

(5) Any access road to the local communications facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public avenue.

(6) Security fencing shall be required if the Township determines that it is necessary for the safe operation of the facility.

(7) No artificial lighting may be attached to any local communications facility except as required by the Federal Aviation Administration or other regulatory authority with jurisdiction. Lighting of equipment and any other structures on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurement at the property line shall be 0.0 footcandles when measured at grade. Lighting shall be the minimum necessary to conform to applicable requirements.

(8) No signs shall be attached to any local communications facility except as is necessary to provide operational or maintenance instructions or warnings to the general public. No sign shall be attached at a level more than 10 feet above grade. The use of any portion of a facility for any form of advertising is prohibited.

(9) The following standards shall apply to clearing and landscaping for construction of new local communications facilities:

(a) Clearing of existing vegetation shall be limited to the minimum necessary to allow for access to and operation of the facility;

(b) The lower portions of local communications facilities which will be located adjacent to residential zones, recreational areas, or public roads shall be screened at ground level from public view to the maximum extent practicable in the following manner:

[1] Two or more rows of evergreen trees, at least four feet in height when planted and capable of forming a continuous hedge at least 15 feet in height within five years of planting, shall be required and spaced not more than seven feet on center around all lattice towers and any monopole over 50 feet in height.

[2] Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 2.5 inches in diameter measured three feet above grade, and spaced not more than 20 feet on center, shall be planted around the evergreen trees.

[3] The screening shall be maintained and replaced as necessary while the facility is in service.

(10) Local communications facilities mounted on an existing structure shall be painted or shielded with material which is consistent with the design features and materials of the structure. To the extent that any local communications facility or its supporting structure extend above the height of the vegetation immediately surrounding it, they shall be painted in a light gray or light blue hue which blends with sky and clouds.

F. Maintenance and operation requirements.

(1) The owner of a local communications facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Such maintenance shall include, but is not limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer area and landscaping. If, upon inspection, the Township concludes that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the facility into compliance with such standards. Failure to bring such facility into compliance within the thirty-day period shall constitute grounds for the removal of the facility at the owner's expense.

(2) No application for installation of a local communications facility shall be approved unless the applicant has submitted evidence that a surety bond has been established which will provide for removal of the facility and restoration of the disturbed area within 12 months of its ceasing to operate. In any event, the Township shall, at the expense of the owner, remove any such facility which has been out of operation for a period greater than 12 months.

(3) All local communications facilities shall be operated in a manner consistent with the "Guidelines For Evaluating the Environmental Effects of Radio Frequency Radiation," as published and amended from time to time by the Federal Communications Commission.

(4) Local communications facilities adjacent to residential or public recreational areas shall not increase the ambient noise level nor cause any persistent level of vibration in excess of 50 decibels (dB) beyond the property lines of the parcel on which they are situated.

(5) At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the radio frequency radiation from the local communications facility. Such measurements shall be made by a qualified technician and shall certify that they are within applicable limits.

G. Application requirements.

(1) Preapplication conference. Early consultation by applicants with Township officials and representatives of the Pinelands Commission is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the Planning Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the Planning Board will meet with the applicant at the next regularly scheduled meeting of the Board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Planning Board.

(2) New local communications facilities shall require conditional use approval and major site plan approval by the Planning Board. All persons seeking to build such a facility must submit an application to the Planning Board which contains the following information:

(a) A scaled site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s); on-site land uses and zoning; contour lines at no greater than five-foot intervals AMSL; existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; limits of clearing; and setbacks from property lines.

(b) Photographs of the proposed site of the facility showing current conditions.

(c) The setback distance from the nearest structure.

(d) A map showing the location of all other local communications facilities, towers and other structures within the municipality as well as outside of the Township within a five-mile radius. The applicant shall also identify the height and type of construction of all such structures.

(e) A landscape plan showing proposed landscaping.

(f) The location and type of proposed fencing, if applicable, and the type, location, color, and power of any illumination.

(g) An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower, if a new tower is proposed.

(h) An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to collocate on the proposed facility.

(i) For facilities proposed in the Pinelands Area, a notarized statement indicating that the applicant will abide by the provisions of "Exhibit B Collocation Opportunities for Wireless Providers in the Pinelands," contained in the Comprehensive Plan for Wireless Communications Facilities in the Pinelands approved by the Pinelands Commission on September 11, 1998.

(j) Written confirmation from any other wireless providers who have expressed a desire to collocate on the proposed facility (either by inclusion of the site in a comprehensive plan approved by the Pinelands Commission or at any public meeting on the application) that the selected site meets their operational needs and space requirements for equipment sheds and the like.

(k) For facilities proposed in the Pinelands Area, a certificate of filing issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34.

(l) Computer simulation models, photographic juxtaposition and similar techniques are not mandated but, if submitted in support of an application, may be used by the Planning Board in determining conformance with the visual impact standards of Subsection D(2)(d) of this section. Such materials may also aid in assessing the consistency of the application with N.J.A.C. 7:50-5.4.

(m) In the event that collocation is found not to be feasible, a written statement of explanation shall be submitted to the Planning Board. The Planning Board may retain a technical expert in the field of radio frequency engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to the collocation or that a new tower has less visual impact at an alternate site. The cost for such a technical expert will be at the expense of the applicant.

(n) A plot plan, survey and all other plans and documents required for site plan approval by Article V of this chapter.

(3) Federal environmental requirements.

(a) The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. 1). The FCC requires that an environmental assessment be filed with the FCC prior to beginning operations for certain facilities. The environmental assessment must be submitted as part of any Township application for such a facility.

(b) Federal regulations also require avoidance of siting of new towers in proximity to designated wild and scenic rivers. If an applicant proposes to locate a new tower in proximity to a designated river, proof of federal review and approval of such siting must be submitted as part of any municipal application for such a facility.

§ 253-189 Planned business parks.

Planned business parks shall be regulated as follows:

A. Permitted uses.

(1) Principal uses.

(a) Administrative offices.

(b) Fully enclosed warehouses.

(c) Food and associated industries.

(d) Fabrication and assembly of paper and wood products.

(e) Biological, chemical, electronic and pharmaceutical laboratories and scientific laboratories devoted to research, design and experimental operation of equipment.

(f) Fabrication and assembly of computers and related peripheral equipment.

(g) Manufacturing and assembly of electronic products.

(h) Fabrication and assembly of metal products, excluding the processing of metals from raw materials.

(i) Limited manufacture of light machinery.

(j) Printing and publishing.

(k) Instruments and related products including laboratory instruments, medical instruments, photographic equipment, measuring instruments, etc.

(l) Hydroponics and greenhouses as part of a commercial operation for wholesale purposes.

(m) Fully enclosed wholesale business establishments.

(n) Research and design facilities.

(o) Retail outlet warehouses.

(p) Freight terminals.

(q) Recreational facilities.

(r) Government facilities.

(s) Public utilities and public utility substations.

(2) Accessory uses.

(a) Garages for storage of vehicles related to principal use.

(b) Fully enclosed storage in connection with a permitted use.

(c) Parking.

(d) Cafeteria and recreational facilities for employees.

(e) Appropriate solid waste and recyclable material storage facilities.

B. Prohibited uses.

(1) The refining of flammable or combustible liquids shall be prohibited.

(2) Outdoor storage of junk, scrap metals and materials, automobiles and other machinery or vehicles intended for dismantlement or demolition.

(3) Asphalt plants.

(4) Concrete plants.

(5) Foundries.

(6) Oil refining facilities.

(7) Chemical production facilities.

(8) Metal finishing and production.

(9) Steel manufacturing.

(10) Recycling facilities.

(11) Animal slaughtering.

C. Area and bulk requirements.

(1) Minimum tract area for a planned business park: 10 acres.

(2) Minimum lot area: two acres.

(3) Minimum lot frontage: 200 feet.

(4) Minimum setbacks.

(a) Principal building:

[1] Front yard: 65 feet.

[2] Side yard: minimum 50 feet.

[3] Rear yard: 75 feet.

(b) Accessory structures:

[1] Front yard: 60 feet.

[2] Side yard: 25 feet.

[3] Rear yard: 25 feet.

(c) Parking:

[1] Front yard: prohibited.

[2] Side yard: 10 feet.

[3] Rear yard: 20 feet.

(5) Maximum building height: 45 feet. Building height may be increased up to 60 feet, provided that an additional one foot of front building setback is provided for each additional foot of building height and the applicant demonstrates that adequate fire protection is available.

(6) Maximum impermeable coverage.

(a) Building coverage: 35% of the individual lot.

(b) Impermeable coverage of a lot: 50%, except that coverage may be increased to 70%, provided that the applicant demonstrates to the satisfaction of the approving authority that there will be no net increase over preconstruction conditions in the volume and rate of stormwater runoff either from the individual site or the design of stormwater management systems for the entire park will result in no net increase over preconstruction conditions in the volume and rate of stormwater runoff.

D. General standards.

(1) All uses within a planned business park shall submit information regarding the following:

(a) Building and site security plan, addressing such items as security lighting, alarm systems, fencing and other security details.

(b) Material storage plan.

(c) Solid waste disposal and recycling plan.

(2) The perimeter adjoining each building shall remain clear, except for plantings and pedestrian walkways, to permit access of emergency vehicles. The Township Fire Marshal may provide comments regarding accessibility.

(3) The refining of flammable or combustible liquids shall not be considered a permitted principal use in this district.

(4) Fences.

(a) Security fencing shall not extend past the front building line of the principal structure on site.

(b) The maximum height of security fencing shall not exceed 12 feet.

(c) The installation of barbed wire or razor wire is prohibited on security fencing.

E. Environmental requirements.

(1) The applicant shall submit a completed New Jersey Department of Environmental Protection Permit Identification Form as part of the application. Proof of submittal to the NJDEP shall also be provided.

(2) The applicant will provide a complete listing of all notices of environmental violations issued by the NJDEP, EPA, county and municipal entities for the subject property and for the applicant for a period of 10 years immediately preceding the filing of the development application.

(3) The applicant shall provide a list of all NJDEP required permits related to land use management; air quality permits; water supply permits; water quality; and all other required permits.

(4) The applicant shall provide a copy of all required permits as a condition of signing of the final site plan.

§ 253-190 Regional and design commercial shopping centers

A. Ownership/site control. A regional or design commercial shopping center shall be planned and developed and managed as a comprehensive unit, whether or not any phase of the development, anchor store and/or associated mall shops is owned by one or more entities.

B. Permitted uses. All principal and accessory uses permitted by right in the HC and IC Districts shall be allowed in a regional or design commercial shopping center.

C. Lot and building controls.

(1) The retail commercial and service establishments contained in a shopping center shall be designed and constructed as one attached architectural unit, including buildings, parking, loading facilities and other requirements as contained in this section and § 253-141.

(2) Site size.

(a) Regional center: 50 acres.

(b) Design commercial center: 20 acres.

(c) Every shopping center shall have a contiguous site uninterrupted by easements, roadways, or any other element.

(3) Height of buildings. No structure shall exceed a height of 40 feet or two stories, whichever is less, except the anchor store in a regional center may have a height of 65 feet or three stories, provided that adequate fire protection is provided.

(4) Maximum building coverage of parcel.

(a) Regional center: 25%.

(b) Design commercial center: 30%.

(5) Minimum building setback: 150 feet.

(6) Minimum building area.

(a) Regional center. All phases taken together, including ancillary surrounding uses, shall contain a minimum 500,000 square feet of floor area and at least 25 separate retail establishments.

(b) Design commercial center. All phases taken together, including ancillary surrounding uses, shall consist of at a minimum 150,000 square feet of floor area and at least 10 separate retail establishments.

(7) Perimeter landscaped open space. A minimum perimeter landscaped or naturally buffered open space area shall be established along the property line of the subject uses.

(a) Regional center: 75 feet.

(b) Design commercial center: 50 feet.

(c) Where any shopping center abuts a residential zone or a proposed residential use, the setback areas shall be increased to 100 feet and comply with all buffer and landscape requirements as per § 253-143.

(8) Off-street loading facilities. Areas for loading and unloading of delivery trucks and other vehicles and for refuse collection, fuel and other service vehicles shall be provided on site.

§ 253-190.1 Churches and places of worship.

Churches and places of worship shall conditionally be allowed in the specified residential zoning districts, provided that the development complies with the standards of § 253-104 if outside of the Pinelands or § 253-171 if in the Pinelands Area of the Township.

§ 253-190.2 Cemeteries.

Cemeteries shall be conditionally allowed in the specified residential zoning districts provided:

A. The minimum lot area for such use shall not be less than 20 acres.

B. The use complies with all other applicable standards of § 253-104 if outside of the Pinelands or § 253-171 if in the Pinelands Area of the Township.

§ 253-190.3 Club or lodge organized for fraternal or social purposes.

Clubs or lodges organized for fraternal or social purposes shall conditionally be allowed in the specified residential zoning districts provided:

A. The chief activity shall not be one that is customarily carried on as a business.

B. The buildings and services shall only be for the members and their guests.

C. Clubs and lodges located in the Pinelands Area of the Township shall meet the minimum lot area requirements needed to meet the water quality standards of § 253-77B(4), whether or not the lot may be served by a centralized sewer treatment and collection system.

§ 253-190.4 Bed-and-breakfast inns.

Bed-and-breakfast inns providing overnight accommodations and a morning meal shall conditionally be allowed in the specified residential zoning districts provided:

A. It is an accessory function to a property qualified as farmland under the NJ Farmland Assessment Act.[1]

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

B. Not more than six guest rooms may be allowed.

C. Breakfast may be served only to overnight guests.

D. The owner or manager shall reside on the premises.

E. Adequate parking shall be provided as required by § 253-93A of this chapter.

§ 253-190.5 Schools.

[Added 2-13-2001 by Ord. No. O-1-2001]

Schools shall conditionally be allowed in the specified residential zoning districts, provided that the development complies with the standards of § 253-104 if outside of the Pinelands or § 253-171 if in the Pinelands Area of the Township.

§ 253-190.6 Fire stations or first-aid squad buildings.

Fire stations or first-aid squad buildings shall conditionally be allowed in the specified residential zoning districts provided that the development complies with the standards of § 253-104 if outside of the Pinelands or § 253-171 if in the Pinelands Area of the Township.

§ 253-190.7 Two-family dwellings.

Two-family dwellings shall be conditionally allowed in the MV and FV Districts provided the property is of sufficient size so that each living unit can comply with the lot area restrictions of the subject zoning district.

§ 253-190.8 Kennels.

Kennels shall comply with NJ Statute N.J.A.C. 8:23, Sanitary operation of kennels, pet shops, shelters and pounds, in addition to all standards as included in the subject zoning district. The kennel shall also comply with Chapter 151, Article I, Dogs and Kennels, in the Code of the Township of Franklin.

§ 253-190.8.1 Drive-through restaurants.

Drive through restaurants shall be conditionally allowed in the NC District provided that the floor area does not exceed 2,500 square feet and the applicant can meet all of the requirements of the NC District and the design standards of § 253-50.

§ 253-190.8.2 Nonclustered residential development in PR-R District.

[Added 6-26-2012 by Ord. No. O-5-12]

Single-family detached dwellings which are not clustered in accordance with the standards of § 253-98 may be conditionally permitted in the PR-R District, provided that:

A. The Planning Board finds that:

(1) Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

(2) Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.

B. Minimum lot size requirement: 3.4 acres.

C. Minimum bulk standards: in accordance with § 253-157B through D.

§ 253-190.8.3 Commercial solar energy systems.

[Added 8-9-2022 by Ord. No. O-18-22]

A. Site plan required. A site plan shall be submitted for review and approval showing all elements of the proposed facility as required herein and complying with all of the checklist requirements for submission of a site plan in the IC Industrial Commercial Zone.

B. Conditional requirements for a commercial solar energy facility.

(1) The site proposed for a solar energy facility shall have a minimum lot area of at least five contiguous acres and a maximum of 20 contiguous acres that are owned by the same person or entity and shall otherwise comply with the lot width, lot depth and other dimensional requirements of the zoning district.

(2) The location of ground-mounted arrays and freestanding collectors shall be set back a minimum distance of 150 feet from all property lines.

(3) A fifty-foot densely planted perimeter landscaped buffer that includes a combination of evergreen trees and shrubs shall be provided along all perimeter property lines.

(4) Except pursuant to a permit issued by NJDEP, no portion of such facility shall occupy any area of land designated and regulated by NJDEP as floodplain, flood hazard area, wetlands, wetlands transition area or riparian corridor. An applicability determination from the NJDEP shall be provided as a condition of approval to document the presence and/or absence of these regulated areas at the time a site plan is submitted. This applicant shall also maintain the minimum required riparian buffer along any C-1 waterway in accordance with the surface water quality standards rules at N.J.A.C. 7:9B-1.4, even if the riparian buffer area was previously disturbed for agricultural purposes.

(5) Such facilities shall not occupy areas of land designed by the NJDEP as critical habitat for state threatened and/or endangered species of flora and fauna. Moreover, no land having slopes greater than 30% shall be occupied by such facilities.

(6) Woodlands shall not be clear cut to accommodate such facilities. Any removal of more than 10 trees having a diameter in excess of 12 inches dbh (diameter at breast height) shall require replacement on-site of all but the first 10 trees.

(7) An applicant seeking approval of a solar energy facility (major/commercial) shall provide documentation and evidence of a firm commitment from the electric utility that the alternative electrical energy to be generated by the solar and photovoltaic energy facilities and structures shall be purchased or utilized by an improvement on site and/or purchased or utilized by the electricity utility provider.

(8) Such facility shall not occupy any area outside the required principal building setback lines for the zoning district in which the facility is to be located except that utility poles for outside connections to the electrical power grid may be placed outside the required principal building setback lines.

(9) No more than 80% of the total lot area shall be utilized for a commercial solar energy system.

(10) The maximum permitted vertical height above ground for the highest point of any ground-mounted solar and photovoltaic energy panels shall be 14 feet.

C. Additional zoning regulations for commercial solar energy systems.

(1) A barrier or black vinyl-coated chain link fence having a height of at least eight feet (unless a greater height is required by law) shall be installed around the entire perimeter of the installation and entirely within the required building setback lines, which barrier shall secure the facility at all times; restrict access to all electrical wiring, transformers and high voltage equipment; and comply with applicable Uniform Construction Code requirements. One or more locked access gates (not less than 20 feet in width) to the facility shall be provided. Each locked access gate shall include a sign identifying the responsible parties for operation of the major solar and photovoltaic energy facilities and structures; for maintenance of the facility; and for maintenance of the berm, landscaping and security fence; and for ownership of the land upon which the facility is located.

(2) The maximum building coverage limits for principal and accessory structures in this zoning district shall not apply to such facilities; provided, however, that all setback and buffering requirements of this section and for this zoning district shall be met and further provided that no development shall be permitted to occur in any area of the lot in which development is prohibited by regulation of either this Township or the State of New Jersey.

(3) Such facility shall be screened by topography and/or natural vegetation, supplemented by additional plantings as needed, or by berms and landscaping, from public traveled ways (public roads, navigable waterways, and publicly available trails on land owned by or held by easement of a public entity), residential buildings on an adjoining lot, open space owned by or subject to easement of a public entity, and historic sites and buildings listed in the State and/or National Registers of Historic Places.

(a) To the extent feasible, installations shall be sited behind existing vegetation, supplemented with landscaping, using berms and landscaping only where existing vegetation is nonexistent or sparse.

(b) The extent feasible, installations shall be sited were natural topography can provide or at least add screening.

(c) Berms shall be constructed with a width at base of a least 25 feet to allow for proper growth of root structure and to lend a more natural appearance.

(d) Plantings shall not be a lesser height than that of the solar panels at time of planting.

(e) Landscaping shall include an even blend mix of coniferous and deciduous trees and shrubs that are indigenous to the area avoiding invasive species. Such plantings shall be depicted on a plan, presented in and approved as part of the site plan, prepared by a licensed landscape architect. At the time of planting, deciduous trees shall be not less than two inches to 2 1/2 inches dbh and coniferous trees shall be a minimum of eight feet to 10 feet in height or at least five feet higher than the height of the highest solar or photovoltaic panel.

(f) All ground areas of the lot occupied by the facility that are not utilized for access to operate and maintain the installation, for berms and landscaping, for existing additional principal uses on the lot, or for agricultural uses, or that will remain forested, shall be planted and maintained with shade tolerant grasses for the purpose of soil stabilization. A seed mixture of native, noninvasive shade-tolerant grasses shall be utilized and specified in the landscaping plan. If it can be demonstrated by the applicant that an alternative vegetative ground cover consisting of a seed mix of native, noninvasive plant species and nonnative, noninvasive shade-tolerant species is acceptable for soil erosion control and soil stabilization and can be better sustained over the life of the facility, the approving authority may approve such an alternative to the requirement for native, noninvasive shade-tolerant grass mix. The use of stone, gravel, wood chips or shavings or any artificial material shall not be permitted for soil erosion control and soil stabilization. If land having a slope of greater than 20% is proposed to be disturbed, additional soil erosion and sediment control measures may need to be implemented, and shall be subject to approval, based upon the recommendations of the Township Engineer.

(g) A maintenance plan shall be submitted for approval as part of the site plan that provides for the continuing maintenance of all required plantings, including a schedule of specific maintenance activities to be conducted. Maintenance of the required berms and landscaping shall be a continuing condition of any approval that may be granted. The use of herbicides shall not be permitted as an acceptable maintenance practice.

(h) To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.

(i) The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be non-reflective, neutral color like white, grey or another nonobtrusive color. Finishes shall be matter or non-reflective.

D. Installation and site development requirements.

(1) Only nonglare glass shall be used to minimize the potential for reflective glare.

(2) No portion of the facility or its component parts shall be used for displaying any advertising. Signage shall be limited to the identification and safety signage permitted elsewhere in this section.

(3) All new distribution or transmission power lines on site shall be placed underground except as necessary to connect to already existing aboveground power towers, poles and lines. Feeder liens and collection lines may be placed overhead near substations or points of interconnection to the electric grid.

(4) No soil shall be removed from any site upon which such a facility is constructed. Necessary grading shall be accomplished so that no offsite soil removal or offsite fill is required.

(5) Land disturbance, grading and the construction of site improvements associated with the installation of such a facility, on any lot that has been and will continue to be used for agricultural purposes, shall be directed, insofar as is feasible, to portions of the lot that contain neither prime agricultural soils nor soils of statewide significance. Where land disturbance, grading or the construction of site improvements on such soils are unavoidable, it shall be limited to the minimum intrusion necessary to construct required access roads, inverter and switching equipment pads and other facilities required for connection to the grid.

(6) The site plan shall provide for adequate and appropriate drainage facilities, which shall be designed such that site grading and construction shall not alter the natural drainage patterns of stormwater originating both within and beyond the property boundaries, which is not inconsistent with stormwater management regulations.

(7) The site plan shall include a construction/staging plan identifying the location, size and configuration of the areas to be used on a temporary basis during construction for the delivery and storage of materials and equipment and for the off-street parking of construction workers' vehicles. The construction/staging plan shall include a plan and timetable for the restoration for these areas upon completion of construction.

E. Performance standards.

(1) Wind velocities. All components of commercial solar energy facilities shall be designed to withstand a ground-level wind velocity of at least 90 miles per hour, unless a higher standard for wind-loading is specified in the New Jersey Uniform Construction Code.

(2) Hazardous materials. The use of lead-acid batteries shall not be permitted in commercial solar energy systems and facilities, except for such batteries as are needed to store electricity to power emergency lights in the event of a power outage.

(3) Noise. The total daytime operational mechanical or aerodynamic noise, including turbine, inverter or transmission line noise from the solar energy facility shall not exceed 50 dBA, measured from the nearest property line.

F. Abandonment and decommissioning.

(1) Any application for solar energy fields that have obtained a site plan approval shall be required to post a decommissioning bond in the amount determined by the Township Engineer.

(2) Abandonment is defined as the facility being out of service for a continuous twelve-month period.

(3) Decommissioning process description.

(a) The decommissioning and restoration process comprise removal of aboveground structures; grading, to the extent necessary; restoration of topsoil (if needed) and seeding. The process of removing structures involves evaluating and categorizing all components and materials into categories of recondition and reuse, salvage, recycling and disposal. The project consists of numerous materials that can be recycled, including steel, aluminum, glass, copper and plastics. In the interest of increased efficiency and minimal transportation impacts, components and material may be stored on-site until the bulk of similar components or materials are ready for transport. The components and material will be transported to the appropriate facilities for reconditioning, salvage, recycling, or disposal. Aboveground structures include the panels, racks, inverters, pads and any interconnection facilities located on the property. The aboveground structures and below-ground structures are collectively referred to herein as the "project components."

(b) Temporary erosion and sedimentation control best management practices will be used during the decommissioning phase of the project. Control features will be regularly inspected during the decommissioning phase and removed at the end of the process.

(4) Project component removal: Control cabinets, electronic components, and internal cables will be removed. The panels, racks and inverters will be lowered to the ground where they may be transported whole for reconditioning and reuse or disassembled/cut into more easily transportable sections for salvageable, recyclable, or disposable components.

(5) PV module removal: Solar photovoltaic modules used in the project are manufactured within regulatory requirements for toxicity based on toxicity characteristic leaching procedure (TCLP). The solar panels are not considered hazardous waste. The panels used in the project will contain silicon, glass, and aluminum which have value for recycling. Modules will be dismantled and packaged per manufacturer or approved recyclers specifications and shipped to an approved off-site recycler.

(6) Component pad removal: Pads will be excavated to a depth sufficient to remove all anchor bolts, rebar, conduits, cable, and concrete to a depth of 24 inches below grade. The remaining excavation will be filled with clear subgrade material of quality comparable to the immediate surrounding area. The subgrade material will be compacted to a density similar to surrounding subgrade material. All unexcavated areas compacted by equipment used in decommissioning shall be de- compacted in a manner to adequately restore the topsoil and subgrade material to the proper density consistent and compatible with the surrounding area.

(7) Electric wire removal: DC wiring can be removed manually from the panels to the inverter. Underground wire in the array will be pulled and removed from the ground. Overhead cabling for the interconnection will be removed from poles. All wire will be sent to an approved recycling facility.

(8) Racking and fencing removal: All racking and fencing material will be broken down into manageable units and removed from the facility and sent to an approved recycler. All racking posts driven into the ground will be pulled and removed.

(9) Concrete slab removal: Concrete slabs used as equipment pads will be broken and removed to a depth of two feet below grade. Clean concrete will be crushed and disposed of off-site.

(10) Access road: During decommissioning, the processed stone access roads will be stripped, exposing the geotextile beneath. The geotextile will then be removed and disposed revealing the original soil surface. The compacted soil beneath the road fill may require ripping with a subsoiler plow to loosen it before it can be returned to crop production.

(11) Site restoration process description: Following decommissioning activities, the subgrade material and topsoil from affected areas will be de-compacted and restored to a density and depth consistent with the surrounding areas. If the subsequent use for the project site will involve agriculture, a deep till of the project site will be undertaken. The affected areas will be inspected, thoroughly cleaned, and all construction-related debris removed. Disturbed areas will be reseeded to promote re-vegetation of the area unless the area is to be immediately redeveloped. In all areas restoration shall include, as reasonably required, leveling, terracing, mulching, and other necessary steps to prevent soil erosion, to ensure establishment of suitable grasses and forbs, and to control noxious weeds and pests.

(12) Decommissioning terms: The project shall be decommissioned within 180 days of the end of the project's operational life. Areas disturbed during the decommissioning phase will be seeded with a drought-tolerant grass seed mix appropriate for the area unless such areas are being immediately redeveloped for other uses.

(13) The decommissioning plan shall contain the following provisions:

(a) Provisions for the removal of all components of the facility/system from the site and the full restoration of the site to its predevelopment condition insofar as is feasible; and the safe disposal of all components of the facility/system, including the recycling of all recoverable materials, consistent with prevailing best practices relating to the disposal and recycling of photovoltaic waste.

(b) Provisions that the Township shall notify the land owner and owner/operator of the facility of the pending determination of abandonment and order proof of the resumption of energy generation to at least 80% of the facility's capacity ore removal of the facilities in accordance with the approved decommissioning plan, subject to the issuance of a demolition permit.

(c) A provision that within 60 days of service of the notice of abandonment, the land owner or facility operator shall apply for and obtain a demolition permit for the decommissioning in accordance with the decommissioning plan.

(d) Provisions that, as a condition of site plan approval and prior to the issuance of any building permits, the landowner or operator of the facility shall obtain and submit to the township a performance bond or other agree upon secured funding in a form approved by the Township Attorney to ensure that the decommissioning plan provides financial assurance that there will be sufficient funds available for decommissioning and site restoration. Such bond shall be in an amount, as determined in detail by the Township Engineer, which shall be adequate to cover the estimated cost of such removal. The form of such bond shall be approved by the Township Attorney. The bond shall not be subject to revocation or reduction prior to the completion of the work covered by the demolition permit and decommissioning plan and the full restoration of the site as required by the decommissioning plan. The decommissioning bond shall be reevaluated to reflect inflation every five years from the start of operations which shall be defined as the date of issuance of the certificate of occupancy for the generation of power. Such reevaluation shall be submitted no fewer than 30 days prior to the end of the five-year period by the owner/operator and/or landowner to the Township Attorney and Township Engineer for review and approval. If the anticipated cost of decommissioning increases by 10% or more, the property owner or operator of the facility shall deposit additional funds into an escrow account or revise the bond or other surety to reflect the increased amount.

(e) Measures to provide for the protection of public health and safety and for protection of the environment and natural resources during both the removal and site restoration stages, as well as the schedule for the completion of all site restoration work in accordance with the decommissioning plan.

(f) Provisions that, if the performance bond described above, plus any supplemental funding that may have been provided by the owner/operator, is insufficient to fully implement the decommissioning plan or if the owner/operator fails to fully satisfy the obligations described herein, then the landowner shall be held responsible for any and all costs associated with the decommissioning to the extent that such costs are not covered by the performance bond and any supplementary funds provided by the owner/operator, if applicable.

(g) Provisions detailing the anticipated life of the project.

(h) The estimated cost of decommissioning in current dollars and an explanation of how the cost was determined, which shall be prepared by a professional engineer or contractor who has expertise in the removal of solar facilities. Salvage value shall not be considered when determining the estimated decommissioning cost.

G. Permit requirements.

(1) Permit. A zoning permit and building permit shall be required for the installation of any solar energy system.

H. Violations.

(1) It is unlawful for any person to construct, install, or operate any solar energy system that is not in compliance with this section. Energy systems not expressly approved in this section require a use variance approval and site plan approval by the Zoning Board of Adjustment.

(2) Existing solar energy systems installed prior to the adoption of this section are exempt from the requirements of this section, except for the provisions regarding abandonment.

I. Administration and enforcement.

(1) This section shall be administered by the Zoning Officer, Construction Official or other official as designated.

(2) The Zoning Officer, Construction Official or other official as designated may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

(3) The Zoning Officer, Construction Official or other official as designated may issue orders to abate any violation of this section.

(4) The Zoning Officer, Construction Official or other official as designated may issue a citation for any violation of this section.

(5) The Zoning Officer, Construction Official or other official as designated may refer any violation.

J. Penalties.

(1) Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in chapter and section of the appropriate zoning code.

(2) Nothing in this section shall be construed to prevent the Zoning Officer/Land Use Administrative Officer of the Township of Franklin from using any lawful means to enforce this section.