Township of Franklin, NJ
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Planning Board
Franklin Township Planning Board
The Planning Board is a quasi-judicial body and its procedures are similar to those used in a courtroom. The chairperson conducts the meeting as a judge might and the Board is comparable to a jury that votes to make a final decision. Each application is reviewed in accordance with MLUL procedures.
The Planning Board meets the 1st & 3rd Wednesday of the Month at 7:30 p.m. at the Municipal Building, Council Chambers, 475 DeMott Lane, Somerset NJ 08873
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The main responsibilities of the Planning board consist of:
- Preparing and adopting the master plan, amendments to it, and the reexamination report (a state-mandated study that evaluates the need to modify the plan and related development regulations)
- Conducting subdivision and site plan reviews
- Reviewing proposed zoning ordinances and amendments, before final legislative action, and preparing reports on proposed development and regulations and amendments
- Approving “c” (bulk or area) variances, in connection with subdivision and site plans, but not “d” (use) variances
Overview:
Each application is reviewed in accordance with New Jersey Municipal Land Use Law (MLUL) procedures. The Board is quasi-judicial body and its procedures are similar to those used in a courtroom. The chairperson conducts the meeting as a judge might and the Board is comparable to a jury that votes to make a final decision. All members of the Board are resident volunteers and serve in the public interest without compensation. Each year Board members must file a financial disclosure statement which is required by the New Jersey Ethics Law with the Municipal Clerk.
The meetings are video-recorded and may be broadcast in a number of ways including via the Township’s social media outlets including but not limited to youtube.com.
Residents Attending/Participating:
When an application is announced by the chairperson, the applicant or his/her attorney comes forward. If the applicant is to provide testimony, he/she introduces him/herself, affirms that his/her testimony will be truthful (while being sworn under oath by the Attorney) and then explains the nature of the application. If the applicant is represented by an attorney, the attorney presents the application and, where applicable, the order of the applicant’s fact or expert witnesses. If there are witnesses, they will be sworn in before presenting their testimony.
The public may ask questions and provide comments on applications before the Board at the meeting. The timing of such questions and comments depends on the complexity of the application. In general, less complex applications may only have one witness or property owner give testimony which in turn will allow the public to ask questions and comment of that sole witness. More complex applications have public question periods after each witness presents testimony, and in general the public may comment after the completion of the presentation of the application. That is generally up to the Board chairperson if public questions and/or comments will be at the end of the application or after every witness.
If a member of the public wishes to ask a question, they may raise their hand and will be called up by the Board chairman. When the chairperson calls on you, please walk to the microphone. All members of the public will be asked to state their name and address for the record before asking questions.
The public may be limited in the amount of time per person to ensure adequate time for all members of the public to get a chance to ask questions. The same rules will apply for when the public is asked for comments and all members of the public who wish to make a comment will then be sworn under oath by the Board Attorney.
When asking a question regarding a witness’s testimony, the public may only ask a question only about that expert’s testimony.
The public may comment on any aspect of the application during the public comment period at the close of the application or as indicated by the Board chairman.
Only the chairperson may decide who speaks at a given time. Comments called out from the audience will not be considered part of the record.
The Board and/or applicant have the right to cross-examine any members of the public who may make comments.
The chairperson has the right to close the public portion of a hearing if he/she feel the audience in unruly or is making comments that are redundant or not relevant to the application. The chairperson also has the right to have any member of the audience removed from the hearing room for unruly behavior.
Verbal & Written Statements:
Written statements or letters from individuals who are not present, petitions, or speaking on anyone else’s behalf are not allowable according to the MLUL. Written statements from the public in favor of or opposing the application cannot be accepted as the Board and/or applicant cannot cross-examine written statements; however, a member of the public may provide the secretary with a written copy of his/her remarks after speaking.
All interested parties are invited to speak on any matter related to planning during the public discussion portion of a Planning Board Meeting. When the chair announces that the public discussion period of the meeting has been opened, raise your hand and wait to be recognized.
Once recognized, speakers are reminded of the following rules:
Approach the podium at the front of the room and clearly state your name and address.
All public comments should be addressed to the chair.
Public comments can be of any matter of concern. There is a 5 minute time limit per speaker at Regular Meetings and a 2 minute time limit per speaker at Special Meetings.
Speakers may speak only once during public comment, unused time may not be yielded.
Interested parties have one other opportunity for comment at Planning Board meetings, during the public hearing on an application. Rules for application hearings are as follows:
During a public hearing on an application, only the subject matter of the application can be discussed, questioned or commented on during this portion of the meeting. Those wishing to speak on an application are asked to speak then rather than during the general public session.
As previously stated, any matter of concern can be discussed during the public discussion portion of the meeting.
There is a 5 minute time limit per speaker All comments should be addressed to the chair.
FAQ Box
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Why is the Township Council considering adoption of the ordinance?
With the growth of e-commerce and rising consumer expectations for same-day delivery services, the demand for large-scale warehousing for goods storage and distribution to businesses and retail customers has increased exponentially.
Due to New jersey’s strategic geographic position, skilled workforce, major consumer markets, and robust transportation infrastructure that serve the entire Northeast, New Jersey is an ideal location for the warehousing and goods movement industries. While, these industries contribute economic activity, jobs, and ratables to the state, warehousing can also generate substantial noise, traffic, and air pollution, especially from medium to heavy-duty diesel trucks.
Franklin Township has certainly been experiencing the exponential growth of warehouse development. Since 2018 the Township has received more than two dozen applications for the development of new or expanded warehouses. In total, these developments total several million square feet. A number of these applications are expected to result in lesser impact due to their nature (e.g., redevelopment or expansion of previously-developed warehouses or large-scale office buildings) and/or due to their location (e.g., in the middle of light industrial areas with no nearby sensitive land uses such as residentially-zoned areas and/or located in close proximity to the I-287 without the need for associated truck traffic to traverse residential areas of the Township). However, many of these applications are located in either close proximity to sensitive land uses (including residential zones) and/or are located a significant distance from I-287 (which would require associated truck traffic to traverse through residential areas of the Township). Particularly due to their location, such developments would be far more likely to produce negative impacts to sensitive land uses including noise, traffic, and air pollution.
As indicated above, the rapid growth of warehouse development is not unique to Franklin Township. Communities throughout New Jersey have experienced this phenomenon and its associated impacts. As a result, earlier this month the New Jersey State Planning Commission issued a report (https://www.nj.gov/state/planning/) (the “State Planning report”) which provides guidance to local governments to control warehouse development.This ordinance is intended to reduce potential impacts of warehouse development. It incorporates a number of the considerations raised in the State Planning report and is supported by the Township Master Plan most notably the following goal and objectives related to such development:
Goal: Encourage commercial and industrial development in areas with access to major regional highways (I-287) and in established areas.
- Locate major employment and traffic-drawing uses in areas where they will least impact residential neighborhoods.
- Maintain size of industrial districts to ensure adequate space for light industry and warehousing.
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What does the ordinance do?
The ordinance:
Makes warehouses a conditionally-permitted use in the B-I (Business and Industry) zone. The ordinance would prohibit warehouses on lands located within 500 feet of a residential zone. This requirement is consistent with a recommendation in the State Planning report in its “Municipal Mitigation Best Practices” and is consistent with the Goal and Objectives of the Township Master Plan cited above.
- Section VI – amends Schedule I, Permitted Uses, to make “warehouse and distribution uses” a conditional use in the Business and Industry (B-I) zone
- Section XII – provides the conditional use standards for “warehouse and distribution uses” in the B-I zone. In addition to the 500-foot separation requirement, warehouses would be specifically required to be served by public water and sewer.
- Figures 7 and 8 show the properties that would be affected. Sites shown in red are those in the B-I zone that are within 500 feet of a residential zone and thus warehouses would no longer be permitted, whereas the sites in green are not located within 500 of a residential zone and thus warehouses would continue to be permitted.
Rezones property along Mettlers Road (north of Weston Road) from the ROL (Research-Office-Laboratory) zone to the RR-3 (Rural Residential) zone. Access to this large undeveloped property, located at the northeast corner of Metters Road/ Weston Road, is limited to two roads (Weston Road and Mettlers Road) that are particularly unsuitable due to their width and geometry for large-scale traffic-inducing developments. Further, while located in the sewer service area, the property is not served by public sewer (closest sewer line is located a significant distance in School House Road). Lastly, sensitive land uses in the form of residential development and Franklin High School are located to the west and east of the site respectively. The property would be rezoned to the RR-3 consistent with the zoning of surrounding properties.
- Section III – rezones this property to the RR-3 zone.
- Sections I, IV, VI, VII, X, XIII – with the rezoning of this property the ordinance would no longer need to reference or contain standards for development in the ROL zone. Such requirements would be eliminated from the ordinance
- Figures 1 and 3, below, show the area and property involved.
Rezones certain properties along Mettlers Road (south of Weston Road) from the ROL (Research-Office-Laboratory) zone to the A (Agricultural) zone. While portions of these lands have been previously developed (a laboratory use and an office building recently converted to a school), there remains a sizeable area of undeveloped land at the southwest corner of Weston Road/ Mettlers Road. For the reasons stated above with respect the property at the northeast corner of Metters Road/ Weston Road, these properties are proposed to be rezoned consistent with the zoning of surrounding properties - in this case the A (Agricultural) zone.
- Section II – rezones these properties to the A zone.
- Figures 1 and 2, below, show the area and properties involved.
Rezones certain properties along the Elizabeth Avenue (south of New Brunswick Road) from the B-I (Business and Industry) zone to the R-40 (Residential) zone. While some of these properties have been previously developed or approved for warehouse or light industrial use, there remains a sizeable area of undeveloped land. This area is proposed to be rezoned to the R-40 zone: it is not served by public sewer; a large portion of the area is environmentally-sensitive including large areas of NJDEP-regulated wetlands; and is located in close proximity to sensitive lands uses including Franklin High School and residences. These properties would be rezoned to the R-40 zone consistent with the zoning of the Elizabeth Avenue corridor to the immediate south.
- Section IV – rezones these properties to the R-40 zone.
- Figures 4, 5 and 6, below, show the area and properties involved.
Makes associated amendments to the land development ordinance primarily intended to provide further protection from the impacts of development in the B-I zone including from warehouse development.
- Section VII – Clarifies the applicability of existing larger setback requirements where the B-I zone adjoins a residential zone
- Section VIII – Decreases the permitted maximum building height in the B-I zone
- Section IX – Expands the applicability of existing buffering requirements in the B-I zone
- Section XI – Amends the design standards of the B-I zone to require developers to address compliance with anti-idling laws and laws addressing “solar ready” warehouses
- Section XIII – Clarifies that no pavement (other than necessary to provide access to the site) may be located in the required 50-foot front yard setback.
Figure 1: Mettlers Road/ Weston Road Area
Figure 2: Re-Zone from ROL to A zone
Figure 3: Re-Zone from ROL to RR-3 zone
Figure 4: Elizabeth Avenue, South of New Brunswick Road/ School House Road
Figure 5: Re-Zone from B-1 to R-40
Figure 6: Re-Zone from B-1 to R-40
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Why was I sent a notice regarding the public hearing on this ordinance?
You received a notice regarding the public hearing on this ordinance because you are the owner of record of property:
• Within the Business and Industry (B-I) zone or within one of the areas proposed to be rezoned
• Within two hundred feet (200 feet) of the Business and Industry (B-I) zone or within one of the areas proposed to be rezoned -
How might this ordinance affect how I can develop and use my property?
If you own property that is:
Located in the B-I zone and located within 500-feet of a residential zone:
- Figures 7 and 8 identify the B-I zoned properties located within 500-feet of a residential zone.
- Future development of a warehouse or expansion of an existing warehouse would not be permitted.
- While future warehouse development would be prohibited these properties would remain within the B-I zone and could be developed with one or more of the various other uses permitted in the B-I zone.
If the property is already developed with a warehouse:
- The use would become a legal, pre-existing non-conforming use. The existing warehouse use could remain in perpetuity at its existing size. However, any expansion of the warehouse use would be prohibited.
- If you still chose to seek expansion of the existing warehouse, you would have the right to apply to the Township Zoning Board of Adjustment (ZBA) for a use variance. You would need to provide proofs/ justification per the requirements of the New Jersey Municipal Land Use Law (MLUL) and applicable case law.
If the property is already approved for development of a warehouse:
- Your approval would remain in place provided you satisfied all conditions of your site plan approval (including but not limited to obtaining all required outside approvals) and applied for building permits within 2 years of the date your approval was memorialized by resolution of the Planning Board. Failure to do so will render your previous site plan approval invalid.
- If the above is satisfied (and the warehouse constructed), then the warehouse would be considered a legal, pre-existing non-conforming use (see above).
If the property is not developed with a warehouse then the proposed warehouse restriction would not affect the existing development of your site. Further, the warehouse restriction would not apply if you chose to redevelop or expand with another use permitted in the zone.
If you still chose to seek development of a warehouse, you would have the right to apply to the ZBA for a use variance. You would need to provide proofs/ justification per the requirements of the MLUL and applicable case law including demonstrating that the site was suitable for development with a warehouse despite the deviation from the ordinance which restricts such development.
All development in the B-I zone would be subject to other applicable zoning requirements including but not limited to building and parking lot setback requirements, lot and impervious surface coverages, building height, buffer requirements, and design standards for business and industry uses. This ordinance proposes a number of modifications to these requirements which would apply after the effective date of the ordinance.
Located in the B-I zone and NOT located within 500-feet of a residential zone:
- Figures 7 and 8 identify the B-I zoned properties located within 500-feet of a residential zone (and conversely those properties NOT located within 500-feet of a residential zone).
- The proposed warehouse restriction would not apply to your property.
- All development in the B-I zone would be subject to other applicable zoning requirements including but not limited to building and parking lot setback requirements, lot and impervious surface coverages, building height, buffer requirements, and design standards for business and industry uses. This ordinance proposes a number of modifications to these requirements which would apply after the effective date of the ordinance.
Located within one of the areas proposed to be re-zoned:
- Figures 1 through 6 identify the areas and properties involved.
- After the effective date of the ordinance, the use and bulk requirements of the new zoning designation (i.e., A, RR-3 or R-40, as applicable) would apply. Uses permitted in the prior zoning (warehouses, light industrial uses, office buildings, laboratories, as permitted in ROL and/or B-I) would no longer be permitted.
- If the property is already developed with a warehouse, light industrial use or other non-residential use not permitted in the proposed zoning designation (i.e., A, RR-3 or R-40 zone, as applicable):
The use would become a legal, pre-existing non-conforming use. The existing use could remain in perpetuity at its existing size. However, any expansion of the existing use would be prohibited.
If you still chose to seek expansion of the existing use, you would have the right to apply to the ZBA for a D(2) variance for an expansion of a non-conforming use. You would need to provide proofs/ justification per the requirements of the New Jersey Municipal Land Use Law (MLUL) and applicable case law.
If the property is already approved for development of a warehouse (or other previously-permitted non-residential use):
- Your approval would remain in place provided you satisfied all conditions of your site plan approval (including but not limited to obtaining all required outside approvals) and applied for building permits within 2 years of the date your approval was memorialized by resolution of the Planning Board. Failure to do so will render your previous site plan approval invalid.
- If the above is satisfied (and the warehouse constructed), then the warehouse (or other previously-permitted non-residential use) would be considered a legal, pre-existing non-conforming use (see above).
Not located in the B-I zone and not located within one of the areas proposed to re-zoned:
- This ordinance does not apply to your property and will not affect how you can develop or use your property.
- If you received a notice of the ordinance, it was because your property is located within 200 feet of a B-I zone or one of the areas proposed to be rezoned.
Figure 1: Mettlers Rd_Weston Rd
Figure 2: Re-Zone from ROL to A zone
Figure 3: Re-Zone from ROL to RR-3 zone
Figure 4: Elizabeth Avenue, South of New Brunswick Road/ School House Road
Figure 5: Re-Zone from B-1 to R-40
Figure 6: Re-Zone from B-1 to R-40
Figure 7: B-I zoned Properties within 500-feet of a Residential Zone (i.e., warehouses not permitted)
Figure 8: B-I zoned Properties within 500-feet of a Residential Zone (i.e., warehouses not permitted)
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Who can I talk to if I have questions and/or comments on the proposed ordinance?
If you have any questions on the proposed ordinance please feel to contact the following Township staff members:
Mark Healey,
Director of Planning/ Senior Zoning Officer 732-873-2500 x6271
Mark.Healey@franklinnj.govVincent Dominach
Director of Economic Development/
Business Advocate 732-873-2500 x6274
Vincent.Dominach@franklinnj.govThe public will also be provided an opportunity to ask questions and to provide comments at the hearing which has been scheduled for Tuesday, July 19, 2022 at 7:00 pm and will be held in the Council Chambers in the Franklin Township Municipal Building at 475 DeMott Lane, Somerset NJ