The regulations set forth in Article
V as to minimum lot size, required yard size, percentage of lot coverage and maximum building height are hereby established as minimum regulations.
The minimum gross floor area in square feet
for all buildings is and shall be established by the New Jersey Uniform
Construction Code now in effect or hereafter duly adopted in Woolwich
Township.
All dwelling units or other buildings shall
be built or constructed in conformity with the New Jersey Uniform
Construction Code in effect at the time of such construction or erection.
Every principal building shall be built upon a lot with frontage upon a public street improved pursuant to the minimum street improvement standards contained in Chapter
149, Site Plan Review, and Chapter
163, Subdivision of Land, except as is otherwise provided in this chapter.
On all corner lots the depth of all yards abutting
on a street shall not be less than the minimum front yard depth required
on an adjacent interior lot fronting on such street. No corner lot
setback shall in any case be less than 20 feet, except that the provisions
of this section shall not apply so as to reduce the buildable width
less than 50% of any lot less than 100 feet in width. Corner lots
having frontages of greater than 150 feet on both intersecting streets
shall observe the same requirements for front yards on both streets
as apply to adjoining interior lots fronting such streets.
No yard or other open space provided about any
building for the purposes of complying with the provisions of this
chapter shall be considered as providing a yard or open space for
any other building, and no yard or other open space on another lot
shall be considered as providing a yard or open space for a building
on any other lot.
A. Where a building lot has frontage upon a street which
on the Master Plan or Official Map of the Township of Woolwich is
contemplated for right-of-way widening, the required front yard area
and setback distance shall be measured from such proposed right-of-way
line.
B. All yard areas facing on a public street shall be
considered as front yards and shall conform to the minimum front yard
requirements of the particular zone.
C. Lot frontage shall be the same as lot width, except
that lot frontage can be reduced to no less than 2/3 of the minimum
required lot width as set forth in this chapter, provided lot width
is observed at the front lot line.
[Amended 6-6-2005 by Ord. No. 2005-16]
A. At the intersection of two or more streets within
any zone, no hedge, fence, brush or wall higher than 2.5 feet and
within 10 feet of the right-of-way, nor any obstruction to vision,
other than a post or tree not exceeding one square foot in cross section
area, shall be permitted within the triangular area formed by the
intersecting street lines at points which are 25 feet distant from
the point of intersection, measured along said street lines.
[Amended 3-15-1999 by Ord. No. 99-6]
B. Notwithstanding the foregoing, in the event any intersecting street is maintained by the State of New Jersey or by Gloucester County, the applicable regulations of the state and/or county agency having jurisdiction shall supersede the requirements of this section. Clear-sight easements, in accordance with Chapter
163, Subdivision of Land, and Chapter
149, Site Plan Review, shall be required at street and driveway intersections for all new development, except for the driveway of a single-family residence.
A. The height limitations of this chapter shall not apply
to church spires, belfries or cupolas, not used for human occupancy;
or to bridges, chimneys, ventilators, skylights, water tanks, bulkheads
and similar features and necessary mechanical appurtenances, usually
carried above the roof level. Such features shall be erected only
to such height as is necessary to accomplish the purpose they are
to serve.
B. The provisions of this section shall not apply to
prevent the erection above the building height limit of a parapet
wall or cornice for ornamentation extending above such height limit
not more than five feet.
A. Continuance. Except as otherwise provided in this
chapter, the lawful use of land or buildings existing at the date
of the adoption of this chapter may be continuous, and any such structure
may be restored in the event of partial destruction, although such
use or building does not conform to the regulations specified by this
chapter for the zone in which such land or building is located.
B. Discontinuance. If a nonconforming use or structure
ceases operations for a continuous period of more than one year, then
this shall be deemed to be an intent to abandon such use, and any
subsequent use shall conform to the regulations of this chapter. If
abandonment occurs involuntarily, the owner may request that the discontinuance
be continued beyond the one-year period, provided that application
for extension is made within the initial one-year period.
C. Extension. A nonconforming use or a nonconforming
building or a portion of a nonconforming building may be extended
only when authorized by the Zoning Board of Adjustment.
[Added 3-21-1994 by Ord. No. 94-2]
A. Notwithstanding the minimum lot area requirements
established by this chapter, a single-family dwelling may be constructed
on a lot within a recorded subdivision approved by the Planning Board
of the Township of Woolwich pursuant to a subdivision review ordinance
adopted under a state enabling act prior to the effective date of
this chapter, provided that said lot meets the lot area requirements
of the ordinance in effect at the time of said subdivision approval,
and further provided that the subdivision approval has not lapsed,
either by way of statute, ordinance or action of the Township. The
words "recorded subdivisions" in this section shall mean recorded
by deed or plat in the Gloucester County Clerk's Office.
[Amended 3-21-1994 by Ord. No. 94-2]
B. Any parcel of land with an area or width less than
that prescribed for a lot in the zone in which such lot is located,
which parcel was under one ownership on November 30, 1992, when the
owner thereof owns no adjoining land, may be used as a lot for any
purpose permitted in the zone other than multiple dwellings, provided
that all other regulations prescribed for the zone by this chapter
are complied with.
[Added 3-21-1994 by Ord. No. 94-2]
A. Extractive industries shall not be permitted to operate
in any of the zones established in this chapter. Such industries include
mining or alterations in the earth surface for the purpose of extracting
minerals or soils of any type for use or sale off site. The ordinance
now in effect concerning the removal of soil is not repealed by this
chapter, but is still in full force and effect.
B. Trailers or camp cars shall not be permitted to be
parked, installed, used or occupied for living purposes in any of
the zones established in this chapter; provided, however, that this
section shall not prohibit the owner of any trailer from storing not
more than one trailer on premises owned by him if the said trailer
is not used for living purposes.
C. The use of a lot in any zone primarily for the storage
of bulk oil or gasoline above the ground is prohibited.
D. The business of selling defunct motor vehicles or
parts or used lumber or building material or the storage thereof is
prohibited.
E. No building may be erected, altered or used, and no
lot or premises may be used, for any trade, industry or business that
is noxious or offensive by reason of odor, dust, smoke, gas, vibration,
illumination or noise, or that constitutes a public nuisance or hazard
whether by fire, explosion or otherwise.
[Amended 3-21-1994 by Ord. No. 94-2; 3-15-1999 by Ord. No.
99-6; 3-21-2005 by Ord. No. 2005-07]
A. As used in this section, the following words shall
have the following meanings:
COMMERCIAL FARM
(1)
A farm management unit of no less than five
acres producing agricultural or horticultural products worth $2,500
or more annually and satisfying the eligibility criteria for differential
property taxation pursuant to the Farmland Assessment Act of 1964,
N.J.S.A. 54:4-23.1 et seq.; or
(2)
A farm management unit less than five acres,
producing agricultural or horticultural products worth $50,000 or
more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the Farmland Assessment
Act of 1964, N.J.S.A. 54:4-23.1 et seq.
FARM MANAGEMENT UNIT
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
FARM MARKET
A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing,
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area shall be devoted to the sale of
the agricultural output of the commercial farm, and except that if
a retail farm market is located on land less than five acres in area,
the land on which the farm market is located shall produce annually
agricultural or horticultural products worth at least $2,500.
PICK-YOUR-OWN OPERATION
A direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.
B. The right to farm is hereby recognized to exist in
the Township of Woolwich and is hereby declared a permitted use in
all zones of the Township of Woolwich. This right to farm includes,
but not by way of limitation:
(1) Production of agricultural and horticultural crops,
trees, apiary and forest products, livestock, poultry and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping.
(2) Housing and employment of necessary farm laborers.
(3) Erection of essential agricultural buildings, including
those dedicated to the processing and packaging of the output of the
commercial farm and ancillary to agricultural and horticultural production.
(4) The grazing of animals and use of range for fowl.
(6) The operation and transportation of large, slow moving
equipment over roads within the Township of Woolwich.
(7) Control of pests, including but not limited to insects
and weeds, predators and diseases of plants and animals.
(8) Conduction of agricultural related educational and
farm based recreational activities, provided that the activities are
related to marketing the agricultural or horticultural output of the
commercial farm and permission of the farm owner and lessee is obtained.
(9) Use of any and all equipment, including, but not limited
to, irrigation pumps and equipment, aerial and ground seeding and
spraying, tractors, harvest aides and bird control devices.
(10)
Processing and packaging of the agricultural
output of the commercial farm.
(11)
The operation of a farm market with attendant
signage, including the construction of building and parking areas
in conformance with Woolwich Township standards.
(12)
The operation of a pick-your-own operation with
attendant signage.
(13)
Replenishment of soil nutrients and improvement
of soil filth.
(14)
Clearing of woodlands using open burning and
other techniques, installation and maintenance of vegetative and terrain
alterations and other physical facilities for water and soil conservation
and surface water control in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers,
insecticides and herbicides.
(17)
Installation of wells, ponds and other water
resources for agricultural purposes such as irrigation, sanitation
and marketing preparation.
C. Commercial farm operators may engage in any other
agricultural activity as determined by the State Agriculture Development
Committee and adopted by rule or regulation pursuant to the provisions
of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:
14B-1 et seq.).
D. Commercial farm operators are strongly advised to
adhere to generally accepted agricultural management practices that
have been:
(1) Promulgated as rules by the State Agriculture Development
Committee;
(2) Recommended as site-specific agricultural management
practices by the County Agriculture Development Board;
(3) Approved by the local Soil Conservation District in
the form of a farm conservation plan that is prepared in conformance
with the United States Department of Agriculture, Natural Resources
Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised
April 20, 1998, as amended and supplemented; or
(4) Recommended by the Rutgers Agricultural Experimental
Station.
E. The foregoing activities must be in conformance with
applicable federal and state law.
F. The foregoing practices and activities may occur on
holidays, weekdays and weekends by day or night and shall include
the attendant or incidental noise, odors, dust and fumes associated
with these practices.
G. It is hereby determined that whatever nuisance may
be caused to others by these foregoing uses and activities is more
than offset by the benefits of farming to the neighborhood community
and society in general.
H. Any person aggrieved by the operation of a commercial
farm shall file a complaint with the applicable county agriculture
board, or the State Agriculture Development Committee in counties
where no county board exists, prior to filing an action in court.
I. To help parties resolve conflicts involving the operation
of commercial farms, the State Agriculture Development Committee has
also established an Agricultural Mediation Program. Mediation is a
voluntary process in which a trained, impartial mediator helps disputing
parties examine their mutual problems, identify and consider options
and determine if they can agree on a solution. A mediator has no decision-making
authority. Successful mediation is based on the voluntary cooperation
and participation of all the parties.
J. An additional purpose of this section is to promote a good neighbor
policy by advising purchasers and users of property adjacent to or
near commercial farms of accepted activities or practices associated
with those neighboring farms. It is intended that, through mandatory
disclosures, purchasers and users will better understand the impacts
of living near agricultural operations and be prepared to accept attendant
conditions as the natural result of living in or near land actively
devoted to commercial agriculture or in an agricultural development
area, meaning an area identified by a county agriculture development
board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified
by the State Agriculture Development Committee.
[Added 8-17-2015 by Ord.
No. 2015-13]
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The disclosure required by this section is set forth herein
and shall be made a part of the following disclosure form:
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REAL ESTATE TRANSFER DISCLOSURE STATEMENT
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This disclosure statement concerns the real property situated
in the [Township, Borough, City] of [ ] described as Block _____,
Lot _____. This statement is a disclosure of the conditions of the
above described property in compliance with Ordinance No. _____ of
the [Township, Borough, City] of [ ]. It is not a warranty of any
kind by the seller(s) or any agent(s) representing any principal(s)
in this transaction, and is not a substitute for any inspections or
warranties the principal(s) may wish to obtain.
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Seller's Information
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The seller discloses the following information with the knowledge
that even though this is not a warranty, prospective buyers may rely
on this information in deciding whether and on what terms to purchase
the subject property. Seller hereby authorizes any agent(s) representing
any principal(s) in this transaction to provide a copy of this statement
to any person or entity in connection with any actual or anticipated
sale of the property. The following are representations made by the
seller(s) as required by the Township of Woolwich and are not the
representation of the agents, if any. This information is a disclosure
and is not intended to be part of any contract between the buyer and
seller.
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The Township of Woolwich permits the operation of generally
accepted agricultural management practices within the municipality.
If the property you are purchasing is located near land actively devoted
to commercial agriculture or in an agricultural development area,
meaning an area identified by a county agriculture development board
pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the
State Agriculture Development Committee, you may be affected by these
agricultural activities or practices. The effect of these activities
or practices may include, but are not limited to: noise, odors, fumes,
dust, smoke, insects, operation of machinery (including aircraft)
during any 24 hour period, storage and disposal of manure and compost,
and the application by spraying or otherwise of fertilizers, soil
amendments, herbicides and pesticides. One or more of the effects
described may occur as the result of any agricultural operation which
is in conformance with existing Federal and State laws and regulations
and accepted customs and standards. If you live near an agricultural
area, you should strive to be sensitive to the needs of commercial
farm operators, as their presence is a necessary aspect of an area
with a strong rural character and a strong agricultural sector. The
State Agriculture Development Committee has established a formal complaint
process to assist in the resolution of any disputes which might arise
between residents of the Township of Woolwich regarding the operations
of commercial farms.
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Seller certifies that the information herein is true and correct
to the best of seller's knowledge as of the date signed by the seller.
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Buyer(s) and seller(s) may wish to obtain professional advice
and/or inspections of the property and to provide for appropriate
provisions in a contract between buyer and seller(s) with respect
to any advice/inspections/defects.
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I/We acknowledge receipt of a copy of this statement.
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Agent representing seller
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A. No lot shall have erected upon it more than one detached
single-family dwelling.
B. No lot area shall be so reduced that the area of the
lot or the dimensions of the open spaces shall be smaller than herein
prescribed.
C. Any lot proposed for development must contain developable
land equal in area to at least 25% of the minimum lot size for the
zoning district in which the lot is located.
D. All residential lots shall have a minimum twenty-five-foot yard,
or the minimum required in the particular residential district, whichever
is less, from New Jersey Department of Environmental Protection (NJDEP)
regulated wetlands, state open waters, and/or transition areas as
established by a letter of interpretation (LOI) or as modified through
a freshwater wetlands general or individual permit, or freshwater
wetlands transition area waiver issued by the NJDEP under N.J.A.C.
7:7A-3 and/or NJDEP regulated flood hazard areas and/or riparian zones
as established by a flood hazard verification or as modified by a
flood hazard area permit-by-rule, general permit or individual permit
issued by the NJDEP under N.J.A.C. 7:13-1.3.
[Added 8-18-2014 by Ord. No. 2014-08]
No lot hereafter may be used and no structure,
building or part thereof hereafter may be erected, constructed, reconstructed,
moved, extended, converted, altered, maintained or used except in
conformity with the provisions of this chapter.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe or lawful condition any part of any building
declared unsafe or unlawful by the Zoning Officer or other duly authorized
Township officials.
Commercial uses in the business zones may display
goods for sales purposes or store goods for sale on the premises outside
of the principal structure in which such use is carried on, provided
that such outdoor selling or storage areas shall not encroach upon
any of the required yard areas or the required off-street parking
areas for the zone in which located, and further provided that the
area set aside for such outdoor selling or storage areas shall not
exceed an area equal to the gross area of the ground floor of the
principal building. In calculation of the percentage area, the area
of such outdoor selling or storage areas shall be included in the
same manner as the area of the principal building. The area to be
used for any such outdoor selling or storage areas shall be appropriately
set forth at the time of application for a zoning permit. Any subsequent
establishment or relocation of such areas shall be subject to the
issuance of a supplementary zoning permit.
[Amended 3-21-1994 by Ord. No 94-2]
No motor vehicle truck bodies, trailer bodies or storage containers shall be placed on any lot or lots in any zone for any purpose whatsoever, except during the period of construction of a permitted principal building on the same lot or lots, except as provided in §
203-17.
Public utility distribution lines, conduits,
mains, sewer and water pump stations (not larger than 400 square feet),
but not including equipment material storage yards and maintenance
facilities, tank, towers or other structures, shall be permitted uses
in all zoning districts subject to applicable state and federal regulations.
Regardless of whether the Township of Woolwich
or any duly constituted board, agency or department thereof is acting
in or pursuant to the performance of a governmental function carrying
out a legislative mandate or in the exercise of its private right
as a corporate body, any municipally owned, operated or controlled
building, structure, facility or use, either existing or proposed,
shall be permitted in any class of zone, it being the intention that
whatever the Township may be authorized to do shall constitute a function
of government and that whenever the Township shall act pursuant to
granted authority, it acts as government and not as a private entrepreneur.
Uses shall comply with performance standards set forth in Chapter
149, Site Plan Review, and Chapter
163, Subdivision of Land.
No land shall hereafter be subdivided unless direct access is provided to every lot through an open space on the same lot. Such open space shall be not less than 25 feet in width and shall extend from the lot to a public street or private street, road or way. Chapter
163, Subdivision of Land, is still in full force and effect and is not repealed by this chapter. The Planning Board shall have the right to indicate when and where an access road shall be left open by the owners or adjoining owners.
The front yard of a proposed building may be
decreased in depth to the average alignment of existing buildings
within 100 feet on each side of the proposed building, and within
the same block, if such alignment of existing buildings is less than
the front yard requirements for the district.
A. The requirements of this chapter and other ordinances governing the development of land notwithstanding, uses permitted or as may be permitted by this chapter, where applicable, shall also be subject to the requirements and standards contained in Chapter
149, Site Plan Review, and Chapter
163, Subdivision of Land.
B. The standards and regulations in this chapter are
intended to be the minimum provisions necessary to achieve the purposes
and objectives of this chapter. In the event of a conflict between
any provisions, the stricter provision shall apply.
The conditional uses listed in this chapter
shall be permitted, provided that the special requirements for each
such use have been addressed to the satisfaction of the Planning Board
and that the requirements of N.J.S.A. 40:55D-67 have been met.
[Added 3-21-1994 by Ord. No 94-2]
In order to preserve the integrity of the Official
Map, no permit shall be issued for any building or structure in the
bed of any street or public drainageway, flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32 as shown on the Official
Map, or shown on a plat filed pursuant to the Municipal Land Use Law
before adoption of the Official Map, except as provided in N.J.S.A.40:55D-34.
[Added 4-19-1993 by Ord. No. 93-4]
All commercial and industrial activities which may be permitted by this chapter shall only be permitted, provided that such activities are conducted within an enclosed building, except as permitted by §
203-22.
[Added 6-7-2010 by Ord. No. 2010-11; amended 12-19-2011 by Ord. No.
2011-12]
Standards for site improvements are as follows:
A. Applicable in all zones.
(1)
Solar energy collection panels shall be accessory uses to the
permitted principal and other accessory uses on a lot and shall not
involve the production of power for off-premises consumption, nor
shall such a use constitute a principal use on any lot. This prohibition
shall not be interpreted to preclude the occasional sale of excess
power from solar energy collection panels back to the public electric
utility provider. For solar energy systems intended for uses other
than the aforementioned ones stated, or for any commercial projects,
site plan approval and a use variance is required.
(2)
Installation of rooftop (building-mounted) or freestanding (ground-mounted)
solar energy collection panels shall require a zoning permit from
the Zoning Officer and a building permit and/or electrical permit
from the Construction Code Office prior to said installation. The
Zoning Officer shall require a plan of survey depicting the location,
setbacks, size, buffer, and other related appropriate information
for accessory structures. In addition, any interconnection to the
public utility grid must be inspected by the appropriate public utility.
(3)
All solar energy collection panel installations must be performed
by a qualified solar installer; examples of qualified installers include,
but are not limited to: employees working for a federally licensed
or state-licensed company or utility within the solar energy industry,
professional electricians, or electrical engineers. Installation must
comply with the National Electric Code as adopted by the New Jersey
Department of Community Affairs. All electric/utility lines or wires
shall be buried underground and the panel structures must be securely
affixed to the earth. There may be a need for structural engineering
information and data for rooftop or ground-mounted arrays from a licensed
New Jersey engineer on a case-by-case basis depending on unique attributes
of system or site.
(4)
All visible parts of the solar energy collection panels, including
the frames, hardware, pipes and support structures, shall be nonreflective
black surfaces.
(5)
All solar energy collection panels shall not be used for the
displaying of any signage or advertising, except for reasonable identification
of the manufacturer/operator of the system or appropriate "warning"
signs. In no case shall any identification be visible from a property
line, nor should any signage be visible from any public road.
B. Residential requirements.
(1)
Roofline. Installation of solar energy collection panels shall
be permitted on the roofs of single-family residential units so long
as said units are within 10° of flush with the roofline of the
residence. Said installation shall not extend beyond the front or
side rooflines. Said panels should be architecturally compatible with
color scheme of roof to the extent possible. No site plan shall be
required for said installations and a zoning permit is required prior
to the installation of the panels on a roof. In no event shall the
placement of the solar panels result in a larger total height, including
building and panels, than what is permitted in the zoning district
in which they are located for the principal building.
(2)
Ground.
(a)
Installation of solar energy collection panels on a lot for
residential purposes shall be prohibited in the front yard. Installation
in the rear yard and side yards of said lots shall be located on properties
of one acre or greater.
(b)
All ground-mounted solar energy collection panels shall be completely
screened from view at ground level from adjacent properties and streets
with year-round vegetative screen, buildings and/or solid fencing.
No site plan shall be required unless the Zoning Officer finds that
the installation does not meet the standards herein.
(c)
All ground arrays shall be set back a distance of 25 feet from
all property lines in a residential zoning district. Any deviation
from this twenty-five-foot requirement can only be given by the Township's
Joint Land Use Board based upon the unique physical characteristics
of the parcel.
(d)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(e)
The total surface area of all ground-mounted solar energy collection
panels on the lot shall not exceed 800 square feet on each lot.
(f)
Ground arrays shall not exceed a height of 10 feet.
C. Nonresidential requirements.
(1)
Roofline. Installation of solar energy collection panels shall
be permitted on the roofs of nonresidential structures. Where said
solar energy collection panels, support structures, frames, hardware
and piping are visible to residential properties, appropriate screening
materials shall be installed on the roof in an architectural design
compatible with the building. Said panels should be architecturally
compatible with color scheme of roof to the extent possible. Said
solar energy collection system shall not extend beyond the roofline
of the structure. In no event shall the placement of the solar panels
result in a total height, including building and panels, than what
is permitted in the zoning district in which they are located for
the principal building.
(2)
Ground. Installation of solar energy collection panels on nonresidential
lots shall be permitted in the side and rear yards of said lots; provided,
however, that if said solar energy collection panels are visible to
residential lots or zones, the lot owner shall provide appropriate
effective natural buffering material that will completely block the
view of said panels from abutting residential zone or properties.
Ground arrays shall be located so that any glare is directed away
from an adjoining property. All ground-mounted solar energy collection
panels shall be screened from view at ground level from adjacent properties
and streets with year-round vegetative screen, buildings and/or solid
fencing. No site plan shall be required unless the Zoning Officer
finds that the installation does not meet the standards herein. Installation
of ground array solar energy collection panels shall be subject to
the issuance of a zoning permit. The Zoning Officer shall make a finding
as to whether or not the ground installation meets the standards contained
herein. All ground arrays shall be set back in conformance with the
bulk standards for accessory structures in commercial districts as
provided elsewhere in the zoning code. The total surface area of all
ground-mounted solar energy collection panels on the lot shall not
exceed 1,200 square feet on each lot. Ground arrays shall not exceed
a height of 10 feet.
D. Agricultural requirements. Nothing in this section shall be taken
to supercede the New Jersey Statutes specifically pertaining to Agriculture
and biomass, solar, and wind energy (N.J.S.A. 4:1C-32.4).
(1)
Roofline. Installation of solar energy collection systems on agricultural structures, including but not limited to barns and sheds, shall be permitted on the rooflines of single-family residential units in the same manner as contained in Subsection
B hereinbefore.
(2)
Ground.
(a)
Installation of solar energy collection systems shall be permitted in a manner consistent with single-family residential units on agricultural lots as indicated in Subsection
B above and in accordance with standards promulgated by the state on agricultural land.
(b)
Installation of solar energy collection systems on agricultural
lots other than on farm structures shall be permitted. The lot owner
shall provide appropriate effective natural buffering material that
will completely block the view of said panels from abutting residential
zone or properties. Ground arrays shall be located so that any glare
is directed away from an adjoining property. All ground-mounted solar
energy collection panels shall be screened from view at ground level
from adjacent properties and streets with year-round vegetative screen,
buildings and/or solid fencing. No site plan shall be required unless
the Zoning Officer finds that the installation does not meet the standards
herein. All such installations shall be subject to the issuance of
a zoning permit.
E. Additional regulations and requirements.
(1)
If, in the opinion of the Zoning Officer, the installation of
the solar energy collection systems does not satisfy the provisions
of this section, he shall refer said application for a minor site
plan application before the appropriate board of the Township of Woolwich.
(2)
Wind energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
a property line.
(3)
The design of wind energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
(4)
All applications for a wind or solar energy system shall conform
to the provisions of Ordinance 2009-17 as codified with respect to
tree removal. Any trees to be removed in excess of that permitted under
the exemptions of the tree removal and protection ordinance shall
be accompanied by a plan demonstrating the need to remove the trees
and replacement of the trees in accordance with the provisions of
said ordinance. An applicant shall locate a wind or solar energy system
so that tree removal is not required to the extent practical.
(5)
The installation of a wind energy system shall conform to the
National Electric Code as adopted by the New Jersey Department of
Community Affairs.
(6)
The installation of a wind energy system is subject to all Atlantic
City Electric Company requirements for interconnection.
(7)
Wind energy systems shall conform to the height restrictions
provided in the zoning code and any deviation with regard to a height
taller than what is expressly permitted in the zoning code requires
the owner/operator to make application for relief to the Township's
Joint Land Use Board.
F. Abandonment.
(1)
A small wind energy system or solar energy system that is out
of service for a continuous twelve-month period will be deemed to
have been abandoned and decommissioned.
(2)
The Zoning Officer may issue a notice of abandonment to the
owner. The notice shall be sent via regular and certified mail, return
receipt requested, 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 municipality. If the system is not removed within six months
of receipt of notice from the Township notifying the owner of such
abandonment, the Township may remove the system as set forth below.
(4)
When an owner of a wind or 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, including expenses,
costs, and reasonable attorneys' fees. 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.
[Added 3-21-1994 by Ord. No. 94-2]
The following controls shall apply to all portions
of the Township and shall regulate encroachment in floodplains and
surface water areas in the Township:
A. Purpose and policy. It is hereby found that various
streams and waterways in the Township of Woolwich related to the Delaware
River tributaries are subject to recurring flooding, that such flooding
damages and endangers life and public and private property and facilities,
that this condition is aggravated by developments and encroachments
in the floodplain and that the most appropriate method of alleviating
such condition is through regulation of such developments and encroachments
on floodplains and surface water areas. It is further acknowledged
that surface water areas, including streams, ponds, lakes and wetlands,
associated recreation or immediately adjacent land areas, constitute
sources of groundwater recharge, stormwater storage, fish and wildlife
habitat and aesthetic value to the community as a whole. It is therefore
determined that the special and paramount public interest in the floodplains
and surface water areas justifies the regulation of property located
therein as provided in this chapter, which is in the exercise of the
police power of the municipality, for the protection of the persons
and property of its inhabitants and for the preservation of the public
health, safety and general welfare.
B. Definitions. As used herein, the following terms have
the meanings indicated:
CHANNEL
The bed and banks of a stream or waterway which convey the
normal flow of the stream or waterway that occurs most of the time.
DESIGN FLOOD
The relative size or magnitude of a flood, expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria, represents a major flood with a one-percent chance
in any given year of occurrence, reflects both flood experience and
flood potential, and is the basis of the delineation of the floodway
and the floodplain and of the water surface elevations thereof.
FLOODPLAIN
The relatively flat area adjoining the channel which is required
to accommodate flows from storms having a one-percent chance of occurrence
in any given year and have been or may be hereafter covered by floodwater
of the stream or creek. This area is indicated on the current FIA
Flood Hazard Boundary Maps as filed in the Township.
FLOODWAY
The channel and portions of the adjacent floodplain that
carry the greater part of the flood flow at greater depths and velocities
than do the other parts of the floodplain, that constitute the minimum
area required for the passage of flood flows without aggravating flood
conditions upstream and downstream and that are necessary to preserve
the natural regimen of the stream for the reasonable passage of the
floodway design flood.
SURFACE WATER AREAS
The surface area of any stream, pond, lake or wetland, whether
natural or created by a man-made impoundment, and including for the
terms of this chapter the area of adjacent land within 50 feet of
the edge of such stream, pond, lake or wetland.
C. Applicability. The regulations shall govern encroachments
and developments in the floodway and floodplain area:
(1) Notwithstanding any other provision of this chapter,
no building or structure shall be erected or constructed, either above
or below ground level, within any floodway or floodplain in the Township
of Woolwich. Nothing herein contained, however, shall be construed
to prohibit the use of any floodplain for farming, grazing, plant
nurseries, horticulture, truck farming, livestock and poultry raising,
forestry, wild crop harvesting, open recreation uses, such as parks,
playgrounds, sports fields, golf courses, boat landings, bathing beaches,
picnic areas, hunting, fishing or the like, provided that any such
use is permitted in the district in which the premises are located,
their activities do not conflict with riparian rights of other property
owners and that they are permitted by the state of federal agency
with jurisdiction.
(2) No building or structure shall be moved or externally
altered or added to or enlarged in the floodplain outside the floodway,
except as permitted by the state or federal agency with jurisdiction.
(3) Areas to be regulated under this section shall be
indicated generally on the current FIA Flood Hazard Boundary Maps
prepared for the Township indicating the stream corridors, surface
water bodies and flood lines to be protected. If the proposed building
site is located in a questionable area, then the applicant's engineer
must certify that said site is not subject to flooding upon evidence
submitted by the applicant. Every application for a zoning permit
shall state the use to be made of any area subject to floodplain controls.
Structures or uses or both which meet the requirements of this chapter
as to use and bulk and the flood area regulations of the New Jersey
Department of Environmental Protection (or its successor agency) shall
be permitted. The Township may grant such permits or approvals subject
to compliance with the statutes of the New Jersey Department of Environmental
Protection or its successor agency.
(4) In cases of doubt or uncertainty as to the exact limit
of the floodplain or floodway in a proposed parcel or development,
the applicant shall retain a New Jersey licensed engineer and shall
obtain the written consent of the landowner to determine the precise
location of a floodway or floodplain limit by close inspection, field
survey or from such other appropriate information as is available
to him, notifying the landowner, the Building Inspector and the Planning
Board of the results thereof.
(5) Notwithstanding any other provisions of this chapter,
no building or structure shall be erected or constructed either above
or below ground level, within 50 feet from the bank of any stream
or from the edge of any wetland, pond or lake in the Township of Woolwich.
Neither shall any facility for the subsurface disposal of effluent
be permitted within the fifty-foot distance described above. Nothing
herein contained, however, shall be construed to prohibit the construction
and maintenance of bridges or dams or other structures for the impoundment
or retention of water in any such stream, wetland, pond or lake or
of dug ponds or reservoirs, provided that all applicable requirements
and approvals of any public authority having jurisdiction over such
matters are met and obtained.
(6) The setback requirement set forth in Subsection
C of this section may be waived in planned developments (Article
VI of this chapter) and cluster developments (§
203-73 of this chapter), for man-made lakes or impoundments that are designed in such a way that buildings, plazas or promenades are constructed integrally with the water's edge. The intent of this provision is to encourage the creation of water bodies as community design amenities. The appropriateness of such design shall be considered in the final plan review stage of a planned unit development or in the site plan review of a cluster development, whichever is applicable.
(7) No land area within the fifty-foot distance described
above shall be disturbed by any person, partnership, corporation,
municipal corporation or other public agency within this municipality,
unless the applicant has submitted to the Municipal Engineer a plan
to provide for soil erosion and sediment control for such land areas
in accordance with the provisions set forth in the New Jersey Soil
Erosion and Sediment Control Act, P.L. 1975, c. 251, as amended.
D. Data required for land disturbance permit. The applicant
shall submit a separate soil erosion and sediment control plan for
each noncontiguous site. The applicant shall file an application and
plan with the Gloucester County Soil Conservation District in the
selection of appropriate erosion and sediment control measures and
the development of the plan. Such plan shall contain:
(1) Location and description of existing natural and man-made
features on and surrounding the site, including general topography
and soil characteristics and a copy of the soil conservation district
soil survey (where available).
(2) Location and description of proposed changes to the
site.
(3) Measures for soil erosion and sediment control which
meet or exceed Standards for Soil Erosion and Sediment Control, adopted
by the State Soil Conservation Committee. Standards shall be on file
at the offices of the local soil conservation district and the Township
Clerk.
(4) A schedule of the sequence of installation of planned
erosion and sediment control measures as related to the progress of
the project, including anticipated starting and completion dates.
(5) All proposed revisions of data required shall be submitted
for approval.
E. Review and approval. Soil erosion and sediment control
plans shall be reviewed by the Gloucester County Soil Conservation
District and approved when in conformance with this chapter, the New
Jersey Soil Erosion and Sediment Control Act (P.L. 1975, c. 251),
as amended, and the Standards for Soil Erosion and Sediment Control
as adopted by the State Soil Conservation Committee.