[Added 12-4-1997 by Ord. No. 97-44;
amended 12-4-1997 by Ord. No. 97-44A; 12-4-1997 by Ord. No. 97-44B; 9-3-1998 by Ord. No.
98-44C]
A.
In the AR-7.0, RR-5.0 and R-3.0 Zones, public schools
and houses of worship are permitted only in accordance with the special
conditions set forth herein. These conditions are in addition to any
requirement of the zone in which the use is proposed. In the event
of conflict between the standards for the zone in which the use is
proposed and those of this section, these standards shall prevail.
B.
ACCESSORY STRUCTURES
DAY CARE
HOUSE OF WORSHIP
PRIMARY AND SECONDARY EDUCATION
RELIGIOUS EDUCATION
SCHOOLS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any structures other than the school or house of worship
located on the same lot, which structure shall be limited to one single-family
dwelling unit and one detached passenger vehicle garage of not more
than three bays.
The provision of services to persons, regardless of age,
on a not-for-profit basis for purposes other than religious educations
and other than in conjunction with primary or secondary education,
as defined in N.J.S.A. 18A:1-1 et seq. Day-care services may only
be provided on Monday through Friday, between the hours of 7:30 a.m.
and 5:00 p.m. All day care must be licensed by the State of New Jersey.
A structure principally devoted to the exercise of religion
by bona fide members of a corporation or religious association organized
and in good standing pursuant to N.J.S.A. 16:1-1 et seq. and which
also qualifies pursuant to the Internal Revenue Code of the United
States for tax-exempt status. Proof of such lawful organization, good
standing and tax-exempt status must be submitted at the time of application.
The provision of services to school-age children, whether
on a profit or not-for-profit basis, in accordance with N.J.S.A. 18A:1-1
et seq.
The instruction of the religious creed to members of a religious
corporation or association conducted by members of the congregation
solely for the benefit of congregation members. Such education shall
not be deemed to be the provisions of day-care services of primary
or secondary education when provided to persons who are members of
the congregation.
A structure principally devoted to primary and secondary
education as defined hereinabove.
C.
Conditional uses. Conditional uses shall be as follows:
(1)
Principal permitted structure/use: school or house
of worship.
(2)
Permitted accessory structure/use.
(a)
A school or house of worship may contain nonresidential
ancillary meeting rooms or halls. Such accessory use may include kitchen
facilities, provided that the Board shall require separate studies
relating to the capacity of the site to safely sustain anticipated
water uses and on-site sewage disposal.
(b)
Day services.
(c)
Religious educational services.
(d)
Off-street parking.
(3)
Prohibited use. No use, combinations of use or configuration
of use shall be permitted, except as expressly provided for herein,
and all other such uses, combination of uses or configurations are
prohibited. Cemeteries, whether designated for in-ground or aboveground
interment are prohibited. The construction, erection or provision
of any other structure or shelter, whether permanent or temporary,
including by way of example tents, lean-tos or tarps, is prohibited.
The provision of overnight shelter is prohibited within the school
or house of worship or accessory detached residential dwelling unit,
except by lawful order of civilian emergency management personnel.
D.
Lot requirements. Lot requirements shall be as follows:
(1)
Bulk requirements:
(a)
Lot size: five acres; eight acres if the lot
is to include an accessory residential structure or detached garage.
(b)
Lot frontage: 400 feet.
(c)
Front yard setback: 100 feet.
(d)
Side yard setback: 100 feet.
(e)
Rear yard setback: 100 feet.
(f)
Height: 35 feet, not including bell towers,
steeples or religious symbols, but in no event shall any portion of
the structure exceed 50 feet measured from finished grade at the front
of the structure.
(g)
Lot coverage: maximum impervious coverage shall
be 40%.
(2)
Off-street parking.
(a)
All proposed parking in support of the use shall
be located on site and limited to one side yard and the rear yard.
(b)
All parking areas are subject to setback requirements.
(c)
There shall be provided one space for each three
seats intended for religious services.
(d)
For accessory residential use, one space for
each two residents.
(e)
For accessory nonresidential and ancillary meeting rooms or halls, one space for each 200 square feet of gross floor area or part thereof, in addition to Subsection D(2)(d) above; provided, however, that if the nonresidential ancillary meeting rooms or halls are not to be used at the same time as religious services and/or education, then the larger of Subsection D(2)(c) or one space per 200 square feet of ancillary space shall apply.
(3)
Additional site requirements.
(a)
Road right-of-way. No school or house of worship
shall be located on any road with less than a sixty-foot right-of-way;
provided, however, that the additional grant of road right-of-way
shall then qualify. An existing cartway of less than 46 feet (23 feet
from the center line of the road) must be improved to 23 feet (from
the center line of the road) along the entire frontage or within 500
feet of all driveways located on the site, whichever is greater.
(b)
Driveway access. No driveway shall be located
within 100 feet of any property line or within 500 feet of any street
intersection, bridge or existing nonresidential use driveway and shall
be paved according to ordinance.
(c)
Parking areas. No parking areas shall be visible
from the road. Screening of parking areas shall be indigenous evergreen
planted in double offset rows. Initial plantings shall be at least
four feet high as measured after planting. The number of trees shall
be computed on the basis of one tree for each 10 feet of road frontage
or perimeter of the proposed parking area, whichever is greater.
(4)
Lighting. No on-site lighting shall be permitted which
results in the lighting element being visible when viewed from the
property line. All parking lot lighting shall be timer-controlled
such that it will shut off not more than 1/2 hour after conclusion
of the use of the parking area. Parking area lighting shall be arranged
in such a manner that lighting can be turned on or off in multiples
of not more than 20 spaces.
[1]
Editor's Note Former § 220-23, Two-dwelling-unit
conversions, as amended, was repealed 11-13-2008 by Ord. No. 2008-18.
[Added 5-7-1992 by Ord. No. 92-14; amended 4-1-1999 by Ord. No.
99-5; 6-25-2020 by Ord. No. 2020-06]
A.
A live-work unit is permitted only in accordance with the conditions
set forth herein:
(1)
A live-work unit shall be located on a parcel with frontage along
a county road or be located on a parcel within the Neighborhood Business
Zone.
(2)
The "work" or nonresidential component may consistent of one of the
following uses: retail, personal service, office or medical office.
(3)
The nonresidential use shall comprise no more than 45% of the total
principal structure's square footage.
(4)
The building shall be owner-occupied, and the nonresidential use
shall be conducted by a member of the immediate family residing on
the premises, and entirely within the residential building.
(5)
There shall be a maximum of five nonresident employees.
B.
The following standards shall apply to live-work units, but any deviation
from the below shall be treated as a "c" bulk variance:
(1)
No loading space shall be required.
(2)
A minimum average of 0.5 footcandle shall be maintained in the parking
area. Along any property line common with an adjacent residential
use the maximum footcandles shall be 0.5.
(3)
A maximum of one ground sign for the nonresidential use is permitted.
Said ground sign shall be a maximum of five feet tall and a maximum
of 15 square feet in area. Said sign shall be located at least 10
feet from the property line and may be illuminated.
[Added 6-25-2020 by Ord. No. 2020-06]
A.
A wind energy system is permitted only in accordance with the conditions
set forth herein:
(1)
A wind energy system may be located in the AR-7.0 Zone and shall
be an accessory use to the principal use on the same lot.
(2)
The parcel shall contain a minimum of 20 acres.
(3)
The wind energy system shall be setback a minimum of 150% of the system height as defined in § 220-5 from all property lines and 110% of the system height from any buildings.
(4)
The wind energy system shall be a maximum of 100 feet tall.
If this height limit precludes the effective use of a wind energy
system on a particular site, such system shall not be a permitted
use.
(5)
Wind energy systems shall not be permitted in a front yard unless
they are a minimum of 400 feet from the right-of-way.
(6)
No more than one wind energy facility shall be permitted per
property.
(7)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(8)
A wind energy system shall not be artificially lit unless such
lighting is required by the Federal Aviation Administration.
(9)
The system shall remain painted or finished in the color or
finish that was originally applied by the manufacturer.
(10)
There shall be no signs posted on the wind energy system or
any associated building that would be visible from any public road
except for the manufacturer's or installer's identification,
appropriate warning signs or owner identification.
(11)
The wind energy system shall be designed with an automatic brake
or governing system to prevent over-speeding and excessive pressure
on the tower structure.
(12)
For wind speeds between zero and 25 mph, the noise level generated
by any wind energy system, measured at the common property line, shall
not exceed 55 decibels.
(13)
Site plan approval shall be required for the wind energy system.
(14)
Wind energy systems that connect to the electric utility shall
comply with New Jersey's Net Metering and Interconnection Standards
for Class 1 Renewable Energy Systems and as required by the electric
utility servicing the parcel.
B.
The following standards shall apply to wind energy systems, but any
deviation from the below shall be treated as a "c" bulk variance:
(1)
The application for site plan approval shall include all of
the following information:
(a)
A survey indicating property lines, physical dimensions of the
property along with location, dimensions, and existing structures
on the property.
(b)
A plan indicating the proposed location and dimensions of the
proposed wind energy facility.
(c)
A plan indicating the locations of any overhead utility easements
on the property.
(d)
Proposed wind facility specifications, including manufacturer
and model, rotor diameter, system height, tower height, and tower
type (freestanding or guyed).
(e)
At least one photograph of the subject premises depicting the
area for which a wind energy system is proposed.
(2)
A wind energy system that has been out of service for a continuous
twelve-month period shall be deemed to have been abandoned and shall
be completely removed from the premises within three months of such
abandonment; areas from which wind energy system have been removed
shall be restored to a pre-installation state. The owner of the land
occupied by the wind energy system shall be responsible for such removal.
(a)
The Zoning Officer may issue a notice of abandonment to the
landowner of a wind energy system that is deemed to have been abandoned.
The notice shall be sent return receipt requested.
(b)
The landowner shall have the right to respond to the notice
of abandonment within 14 days of receipt.
(c)
If the owner provides information to the Zoning Officer within
the requisite fourteen-day respond period that demonstrates that the
wind energy system has not been abandoned, the Zoning Officer shall
withdraw the notice of abandonment and notify the owner that the notice
has been withdrawn.
(d)
If the Zoning Officer determines that the wind energy system
has been abandoned the landowner of the wind energy system shall remove
the wind energy system and all other equipment associated with it,
at the landowner's sole expense, within three months after receipt
of the notice of abandonment, and the area of the site that contains
such equipment shall be restored to a preinstallation state.
[Added 11-12-2020 by Ord.
No. 2020-12]
Ground array solar energy systems are permitted subject to compliance
with the following conditions:
A.
The primary purpose of a ground array solar energy system shall be
to provide power for the principal and/or accessory use of the property
whereon said system is to be located and shall not be for the generation
of power for commercial purposes, although this provision shall not
be interpreted to prohibit the sale of excess power generated from
time to time from a ground array solar energy system designed to meet
the energy needs of a principal use.
B.
Ground array solar energy systems shall be permitted in the AR-7.0
Zone on lots with at least seven acres.
C.
Ground array solar energy systems shall comply with the principal
structure setbacks in the underlying zone.
D.
Said use shall be located in the rear yard and a maximum of 15 feet
tall.
E.
Said use shall be screened from any adjacent home within 250 feet
of the system. Screening shall consistent of six-foot-tall evergreen
shrubs and/or trees or a solid fence.
[Added 11-12-2020 by Ord.
No. 2020-12]
Commercial solar energy systems are permitted subject to compliance
with the following conditions:
A.
Commercial solar energy systems shall be permitted in nonresidential
zones on lots with at least 10 acres and in residential zones on lots
with at least 40 acres.
B.
Commercial solar energy systems shall comply with the principal structure
setbacks in the underlying zone.
C.
Said use shall be a maximum of 15 feet tall.
D.
All electrical wires servicing the system, other than wires necessary
to interconnect the solar panels, and the grounding wires shall be
located underground.
E.
The installation of a commercial solar energy system shall conform
to the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
F.
Said systems that connect to the electric utility shall comply with
New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
G.
Said systems shall not be used for displaying any advertising except
for reasonable identification of the manufacture or operator of the
system. In no case shall identification be visible from a property
line.
H.
The design of a commercial solar energy system shall, to the extent
practicable, use materials, colors, textures, screening and landscaping
that will blend the facility into a natural setting and existing environment.
I.
Abandonment:
(1)
A commercial solar energy system that is out of service for
a continuous twelve-month period shall be deemed abandoned.
(2)
The Construction Official may issue a notice of abandonment
to the owner. The notice shall be sent via regular and certified mail
return receipt required to the owner of record.
(3)
Any abandoned system shall be removed at the owner's sole
expense within six months after the owner receives the notice of abandonment
from the Township Construction Official. If the system is not removed
within six months of receipt of notice, the Township may remove the
system as set forth below.
(4)
When an owner of a commercial solar energy system has been notified
to remove same and has not done so six months after receiving said
notice, then the Township may remove such system and place a lien
upon the property for the cost of the removal. If removed by the owner,
a demolition permit shall be obtained, and the facility shall be removed.
Upon removal, the site shall be cleaned, restored and revegetated
to blend with the existing surrounding vegetation at the time of abandonment.
(5)
Solar panels removed from the site should be deposited at a
recognized solar panel recycling center. Panels that are not recycled
must be disposed of in accordance with current NJDEP or EPA requirements.
J.
Permit requirements.
(1)
A building and electrical permit shall be required for the installation
of a commercial solar energy system.
(2)
The site plan shall include the following:
(a)
Name, address and phone number of the owner and applicant; north
arrow, graphic and written scale; date of preparation; block and lot;
name and address, signature and license number of person(s) preparing
the survey; revision box and date of each revision; zone data box;
and key map;
(b)
Property lines and physical dimensions of the property;
(c)
Location, dimension, and types of existing principal and accessory
structures on the property;
(d)
Location of the proposed commercial solar energy system;
(e)
The right-of-way delineation of any public road that is contiguous
with the property;
(f)
Any overhead utility lines;
(g)
Location and definition of easements;
(h)
Commercial solar energy systems specifications; including manufacturer
and model of all components, panel height and width;
(i)
At least one photograph of the subject site depicting the area
for which a commercial solar energy system is proposed; and
(j)
Valid survey representative of current conditions of the property
and a site plan of proposed conditions.
