Township of Woolwich, NJ
Gloucester County
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Table of Contents
Table of Contents

§ 203-58 Supplemental use controls.

Each supplemental use control set forth in this Article VII shall apply in any district in the Township in which the use subject to such supplemental use control is permitted.

§ 203-59 Controls for residential accessory uses.

A. 
Storage sheds, greenhouses and other outbuildings in residential zones shall conform to the following:
(1) 
No structure shall be permitted between the building setback line and the street line.
(2) 
No structure shall be located within five feet of a side property line.
[Added 3-21-1994 by Ord. No. 94-2]
(3) 
No structure shall be located within five feet of the rear property line.
[Added 3-21-1994 by Ord. No. 94-2]
B. 
Walls and fences. In all planned developments, walls may be constructed in front, side and in rear yard areas for the purpose of enclosing private patios and courtyards. The enclosed space resulting from the walls shall not be roofed. Such walls shall be constructed of brick, wood, masonry or concrete with stucco or other appropriate finish but shall be similar within groups of houses.
C. 
Driveways.
(1) 
No driveways shall be within five feet of any property line unless such driveway is shared by an adjacent house.
(2) 
No driveway shall be constructed so that there is more than one entrance to a street.
(3) 
No driveway shall be constructed in such a way as to create a drainage problem on the subject property or an adjacent property.
D. 
Other accessory use controls.
(1) 
No commercial or industrial activities, except customary home occupations and professional offices, shall be permitted unless specifically stated in the applicable zoning district.
(2) 
No activities shall be permitted which create a public nuisance or interfere with the use of adjacent residential lots.
(3) 
Nothing in this section shall limit other uses not mentioned so long as they are accessory to the residential use of the land, are temporary in nature and do not create a threat to the public health, safety or welfare of the community.
E. 
Except as specifically otherwise permitted, any customary accessory use shall be governed by the area and bulk regulations applicable to the primary use on the same lot.

§ 203-60 Home occupations.

In residential districts, all dwelling units with direct access to a public street, except apartment units, may be used for the practice of home occupations, provided that the approving authority grants conditional use approval subject to the following:
A. 
The principal person so employed shall be the owner of the dwelling unit.
B. 
Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.
C. 
No other persons except the owner shall be employed to practice the occupation.
D. 
Such operations shall be operated as a sole proprietorship, except that, should the owner/operator be substantially physically handicapped, a nonresident may be employed to assist the owner/operator in his/her work to the extent required to compensate for the aforesaid handicap condition.
E. 
The area used for the practice of a home occupation shall occupy no more than 1/3 of the total floor area of the dwelling unit.
F. 
Manufacturing, repairing or other mechanical work shall be performed in an enclosed area so that such activity shall be conducted in such a way that no noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare or any radiation of any kind which is in the defined radio frequency spectrum shall be noticeable at or beyond the property lines, or no potentially dangerous effluent shall be discharged.
G. 
No storage of materials or products in open areas shall be permitted.
H. 
No retail sales shall be permitted, except for home-produced goods.
I. 
No material designed for use as an explosive shall be reproduced or stored on the premises.
J. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection J, regarding signs for home occupations, was repealed 5-16-2016 by Ord. No. 2016-07.
K. 
No display of products shall be visible from the street.
L. 
The driveway and parking area shall be paved in accordance with acceptable engineering standards.
M. 
A certificate of occupancy shall be required for the floor area devoted to the home occupation.
N. 
No sign identifying or advertising the home occupation shall be permitted.

§ 203-61 Professional office in home.

Professional office or studio of a physician, dentist, lawyer, architect, engineer, musician, artist, teacher, real estate broker, registered nurse or other similar professional person shall be permitted in a dwelling in any residential district, subject to the following conditions:
A. 
Off-street parking spaces shall be provided in addition to those otherwise required in this chapter according to the nature of the profession or business practiced.
B. 
No more than two persons shall be employed by the practitioner, who must be the owner, of the professional occupation to provide secretarial, clerical, technical or similar assistance.
C. 
The area used for the practice of a profession shall occupy no more than 1/3 of the total floor area.
D. 
No manufacturing, repairing or other mechanical work shall be performed outside the dwelling unit. When such activity is conducted inside the dwelling unit, it shall be conducted in such a way that no noise, heat, glare, odor, vibration, electromagnetic interference or smoke shall be perceptible at or beyond the property line.
E. 
No storage of materials or products outside the dwelling unit shall be permitted unless completely housed.
F. 
The professional use shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.
G. 
No display of products shall be visible from outside the building.

§ 203-62 Livestock, animals and fowl.

[Added 3-21-1994 by Ord. No. 94-2]
A. 
The intent of this section is to establish standards for the keeping of livestock, animals and fowl on a noncommercial basis and in a manner which will not endanger the health, safety and welfare of the Township residents and which will assure that such livestock, animals and fowl are kept in a clean and sanitary condition and not subjected to suffering, cruelty or abuse.
B. 
The keeping of livestock, animals and fowl shall be subject to the following special requirements:
(1) 
Livestock, poultry, rabbits, bees and domestic pets may be kept by the resident on the premises where he resides, provided that said activities are primarily for personal, noncommercial purposes and said premises, exclusive of the residence portion, have a lot area of not less than two acres. The number of livestock per acre (exclusive of a minimum area of one acre devoted to residential use) shall not exceed one adult horse or cattle or two adult sheep or goats with their young under six months of age. Kennels are prohibited.
(2) 
No structure for animals or poultry other than fencing or grazing land shall be closer than 30 feet to property or street lines or 15 feet to a property line and 75 feet to any neighboring residence, whichever is greater.
C. 
Dogs and cats, as pets, are permitted, but not more than three of each, over four months of age per lot.
D. 
The raising of poultry, rabbits and other small animals for private use shall be permitted on lots at least one acre in size, provided that said poultry and animals are housed in yards no closer than 75 feet from any residence other than that of the owner or user of the property.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 203-63 Excavation of material.

In all districts, subject to the provisions elsewhere in this chapter and subject to the provisions in other Township ordinances, excavation shall be limited to the removal of topsoil, substrata or sod under the following conditions:
A. 
Where necessary for the construction or alteration of a building or the grading incidental to such building.
B. 
Where necessary in connection with normal lawn preparation and maintenance.
C. 
Where necessary in connection with the construction or alteration of a street or utility.

§ 203-64 Controls for nonresidential accessory uses.

Controls for nonresidential accessory uses shall include the following:
A. 
Garages. Such buildings shall be designed to conform with the main building and shall not be within 50 feet of any street line.
B. 
Maintenance building. Such buildings shall not be located within 30 feet of any street line.
C. 
Recreational facilities. Such uses shall be conducted within a building or in a landscaped area which is set back 50 feet from any street line.
D. 
Sewage treatment plants and facilities. No such facility shall exceed the height limit of the district in which it is situated or 50 feet in height, whichever is less. No such facility shall be located within 100 feet of the lot line of any residential use.
E. 
Storage areas. All such facilities shall be located in a building which has direct access to a street or driveway. No such building shall be located within 50 feet of any street line.
F. 
Other accessory use controls. All uses shall be restricted to the activities related to the primary use, excluding accessory services to adjacent uses on nearby lots.
G. 
Dwelling quarters for watchman or caretakers. Such uses shall be located on the premises of the primary use.
H. 
Area and bulk regulations. Except as specifically otherwise permitted, any customary accessory use shall be governed by the area and bulk regulations applicable to the primary use on the same lot.

§ 203-65 Performance standards for industrial uses.

The following performance standards shall be applicable to all industrial uses in the Township:
A. 
Dissemination of smoke, fumes, dust, dirt or other noxious gases from any use shall not extend beyond the boundaries of the zone in which said use is located.
B. 
Liquid wastes and effluent shall be discharged into an approved existing sewage treatment plant in accordance with that plant's regulations, or each industry shall treat its own liquid wastes and effluent in a treatment plant or process which is in compliance with the state statutes, the requirements of the State Department of Health and applicable Township health ordinances.
C. 
Precaution against fire hazards, proper handling and storage of materials, structural design and safeguards for the health of workers shall comply with state statutes and requirements of the State Department of Labor and Industry.
D. 
Operations or processes involving the generation of offensive light or glare shall be confined to a structure or enclosure and shall not be visible outside of said building or enclosure.
E. 
Any noise, resulting from the operation of any use measured at a distance of 100 feet from the source of said noise shall not be in excess of 60 decibels above the reference level.
F. 
The reference level for noise measurement shall be the American Standards Association standard sound pressure reference level of 0.0002 dyne per square centimeters at 1,000 cycles. Instrumentation and methods of measurement shall be based upon the ASA standards.
G. 
Uses involving any operation or process which causes vibration at a point 100 feet from the source of said vibration shall not be permitted.

§ 203-66 Service stations, auto repair and new and used car lots.

[Amended 3-15-1999 by Ord. No. 99-6; 12-15-2003 by Ord. No. 2003-24]
A. 
In those districts in which service stations, public and commercial garages, auto repair shops and new and used car lots may be permitted as a conditional use, the following special requirements shall apply:
(1) 
In no district shall a service station, auto repair shop, new or used car lot or commercial garage be erected, enlarged or established within 200 feet of:
(a) 
A public school or playground;
(b) 
A duly organized school giving regular instruction at least five days a week for eight or more months a year;
(c) 
A hospital; or
(d) 
A church.
(2) 
A detailed set of plans, specifications and site plan shall be submitted to the Planning Board, showing:
(a) 
The location of such service station or commercial garage.
(b) 
The location and number of fuel pumps.
(c) 
The location, depth and capacity of fuel tanks.
(d) 
The type of structure and accessory buildings to be constructed.
(e) 
The number of vehicles to be garaged.
(f) 
The location and extent of driveways.
(3) 
Pump islands shall not be less than 30 feet from any street line. All fuel tanks shall be installed underground and in compliance with New Jersey Department of Environmental Protection (NJDEP) standards.
B. 
Outside pits, racks or lifts shall be prohibited.
C. 
For all service stations, auto repair shops and new or used car lots, the first 25 feet of lot width adjacent to a public street shall be landscaped in accordance with the provisions of §§ 203-68 and 203-69 (except for necessary drive aisles) and the display or parking of vehicles within this area shall be prohibited.
D. 
Service stations, auto repair shops and new or used car lots adjacent to permanent and transient residential uses and public or private open spaces shall be screened by twenty-five-foot-wide evergreen screening buffer in accordance with §§ 203-68 and 203-69, not less than six feet in height and which shall be maintained in a safe and sightly condition.
E. 
Driveways. Driveways shall cross the sidewalk at right angles and shall not be more than 36 feet wide at any point thereof. Driveways must be at least five feet from any side lot line and 50 feet from the intersection of street lines. There shall be no more than one driveway on any one street frontage unless the street frontage is in excess of 70 feet, in which case there may be a maximum of two driveways on street frontage, provided that such driveways are 25 feet apart.
F. 
Curbing. A raised concrete curb shall be constructed and maintained in a sound and safe condition along all street property lines, except at driveways. All such required curbs shall conform to the following dimensions:
(1) 
Overall height: 16 inches, with six inches above ground level and 10 inches below ground level.
(2) 
Width: six inches across the top and eight inches across the base.
G. 
Paving. The entire area of the station traversed by motor vehicles shall be paved with an all-weather surface.
H. 
Landscaping. At least 5% of the interior of the lot area, exclusive of required perimeter buffers, shall be planted with trees or shrubs.
I. 
All gasoline or fuel tanks with a capacity of more than 275 gallons shall be underground.
J. 
Minimum frontages. In order to minimize traffic hazards and permit safe ingress and egress to and from service stations, the following minimum frontages are hereby required:
(1) 
Where stations are located on municipal streets or county highways, not less than 150 feet for stations with not more than three dispensing units, and for every three additional units or fraction thereof, there shall be an additional 50 feet of frontage.
(2) 
Where stations are located on state highways, not less than 200 feet for stations with not more than three dispensing units, and for every three additional units or fraction thereof, there shall be an additional 50 feet of frontage.
(3) 
Where stations are located at intersections, the frontage shall be that portion facing on the more heavily traveled street or highway, as determined by the Planning Board. Such stations located at intersections shall have a minimum average lot depth of 150 feet.
(4) 
All new and used car lots shall have a minimum street frontage of 300 feet.
K. 
Minimum lot areas and bulk standards.
(1) 
All service stations, public and private garages, which are principal uses, and auto repair shops, shall conform to the minimum lot area and other bulk standards of the zoning district in which they are located.
(2) 
All new and used car lots shall have a minimum lot area of 10 acres and shall conform to all other bulk standards of the zoning district in which they are located.

§ 203-67 Intensive fowl or livestock farms.

A. 
Intensive fowl or livestock farms, as defined in Article II, § 203-5, of this chapter, may be established in any district, but only as a conditional use after site plan review and approval by the Planning Board in accordance with the following standards and requirements and other applicable regulations. In addition to normally required site plan information, the application shall set forth:
(1) 
The purpose of the operation.
(2) 
The manner in which animals or fowl would be housed or ranged.
(3) 
The number, size, species and type of animals or fowl proposed to be kept and the number of each per gross acre.
(4) 
Location of and methods for the storage, disposal or other utilization of liquid and/or solid wastes.
(5) 
The location of any outside fowl ranges or livestock pens or corrals.
(6) 
Proposed lighting and ventilation.
B. 
The Planning Board must find the system for disposal of waste from the animals is adequate and has reasonable assurance that it will continue to be adequate, practical and efficient for the foreseeable future and, if necessary, can require guaranties of same. Disposal of waste by a combination of holding tanks and injection into land owned by the operator may be required by the Planning Board after taking into consideration the number and type of animals, the type and amount of confinement and the amount of land owned by the operator on which waste will be spread.
C. 
The Planning Board must find that the operation planned will not reasonably be expected to constitute a nuisance because of odor, sound or sight to the neighborhood nor create any reasonably foreseeable sanitation or health problems.
D. 
No building, fenced run or other enclosure for the containment of fowl or livestock, or for the storage of animal waste on an intensive fowl or livestock farm shall be closer to any front, side or rear property line or zoning district boundary line than 500 feet. However, a pasture may be established and maintained closer than 500 feet to a boundary and animals kept in it under the following conditions:
(1) 
An adequate fence is maintained.
(2) 
A growth of grass or other foraging vegetation has been established and is maintained.
(3) 
No feeding of any animals is done in the pasture other than the grazing by the animals of the vegetation growing there.
(4) 
The density of animals in the pasture shall not be so great as to cause an overgrazing of the pasture so as to render any part of it barren of vegetation.
E. 
The feeding of swine upon garbage or similar refuse material, either cooked or uncooked, is specifically prohibited.
F. 
In reviewing any application for an intensive fowl or livestock farm, the Planning Board may request:
(1) 
An advisory opinion from the Soil Conservation District concerning the adequacy of plans for liquid or solid waste management (including proposed handling methods if off-site disposal is contemplated), as to whether such plans comply with Standards for Animal Waste Management as adopted by the Gloucester Conservation District; and
(2) 
An advisory opinion from the office of the County Agricultural Agent concerning the adequacy of plans for dealing with specific potential nuisance characteristics in relation to any applicable published standards or guidelines issued by the State of New Jersey or Rutgers, the State University.
G. 
Any certificate of occupancy shall remain valid only so long as the intensive fowl or livestock farm is operated in a nuisance-free manner in accordance with the above-listed standards and any additional conditions imposed by the approval authority.

§ 203-68 Landscaping.

[Amended 12-15-2003 by Ord. No. 2003-24]
A. 
Purpose.
(1) 
Landscaping shall be designed with an overall concept, to integrate the various elements of the site, and to preserve and enhance the particular identity of the site, consistent with the purposes of the Municipal Land Use Law.[1]
[1]
Editor’s Note: see N.J.S.A. 40:55D-1 et seq.
(2) 
To preserve and enhance the existing natural features on individual sites, thereby maintaining and conserving the Township’s natural amenities. This can be achieved by utilizing methods such as planting natives, xeriscaping (using drought-tolerant plants), using drip irrigation systems and sustainable materials.
(3) 
To provide for the harmonious development of contiguous properties in the same and different zoning districts by providing certain minimum landscaping requirements for all land developments including, but not limited to, residential, multifamily residential, motel, office commercial, institutional, industrial and public purposes.
(4) 
To help prevent soil erosion and sedimentation; to retard glare, heat, pollution and noise.
B. 
Applicability.
(1) 
The tree protection and landscaping standards shall be applicable to all subdivisions of land and any parcels undertaking site plan activities. All parts of properties being redeveloped, renovated or improved as part of a subdivision or site plan application shall be brought into compliance with the requirements of this chapter, to the fullest extent possible.
(2) 
Landscaping may include plant materials such as trees, shrubs, ground covers, perennials, annuals, and mulch. It may also include other man-made and natural elements such as rocks, land forms and berms, water, sculpture, art, walls, fences, street furnishings and paving materials.
(3) 
For buffer and screening requirements, see § 203-69.
C. 
Tree protection management plan.
(1) 
A tree protection management plan must be submitted at the time of site plan application, pursuant to this chapter, if there are one or more live trees proposed to be cut or removed from the property.
(2) 
Tree protection management plan(s) shall be submitted with each site plan or major subdivision plan application. They shall be on the same size sheets and at the same scale as other corresponding layout plans in the set, and shall contain the following information:
(a) 
Location of all existing or proposed buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way, and other improvements.
(b) 
Location of existing natural features, including wooded areas, watercourses, wetlands, and floodplains.
(c) 
The limits of the tree protection zone, according to the following distances from proposed improvements:
[1] 
House or building: 12 feet.
[2] 
Pavement (parking lot, driveway, sidewalk): five feet.
[3] 
Septic fields, underground utilities, the base of berm grading of stormwater management basins, pools, sheds, picnic shelters and other improvements: 10 feet.
(d) 
Location of all existing individual live trees outside of the tree protection zone (i.e., within the area to be disturbed), with trunk diameters five inches or greater measured 4 1/2 feet above ground level. Each tree shall be noted by its species, size and general health condition. Whenever possible, the actual canopy spread shall be shown, but if it must be estimated, the canopy shall equal 1 1/2 feet of diameter per one inch of trunk diameter.
(e) 
Location of all tree masses to be preserved. Only the outermost canopy line of these tree masses shall be shown.
(f) 
Each tree, or mass of trees, to be removed or transplanted shall be clearly labeled as such.
(g) 
A chart tabulating the diameter inches being removed, the required diameter inches to be replaced, and the equivalent number of compensatory trees.
(h) 
Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of tree protection fencing.
D. 
Landscape plan requirements.
(1) 
The requirements and standards described herein shall be considered the minimum for all landscape plans as required by this chapter. Standards established by other Township ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein.
(2) 
The landscape plan shall be prepared and sealed by a certified landscape architect or other similarly qualified professional acceptable to the Planning Board.
(3) 
Landscape plans shall be submitted with each site plan or major subdivision plan application. They shall be on the same size sheets and at the same scale as other corresponding layout plans in the set, and shall contain the following information:
(a) 
Existing vegetation to remain and the location of proposed plantings, with transplants and compensatory plants clearly labeled on both the plan and in the planting list/schedule.
(b) 
Existing and proposed improvements, including structures, utilities, lighting, signage, stormwater management system structures, pavement materials, water features, fences, walls.
(c) 
All ground plane treatments including seed, sod, ground covers and mulch beds, with beds clearly defined.
(d) 
Existing and proposed grades, including berm contours.
(e) 
A plant list on the same sheet, or reference to the sheet on which it appears, which contains a key or symbol reference, corresponding to labels or symbols on the plan; the proposed quantity of each plant species; the scientific and common plant names; the size of the plant at installation; the root condition; plant spacing; and any special specifications or instructions.
(f) 
Details of the proposed method of planting, staking and tree protection.
(g) 
Standard planting notes reflecting current industry standards, including, but not limited to, the guarantee period and maintenance commitment.
(4) 
Detailed planting areas, which are not clearly legible on plans at a smaller scale, shall be shown at a scale of one inch equals 30 feet or larger, to depict the detail. This may be necessary to communicate plantings around signage, project entries, in courtyards, tot-lots or building foundations, for example.
E. 
Standards for plant material.
(1) 
Plant species selected shall be suitable to the site’s microclimate, be appropriate for the intended function, be proportional to site features, and minimize the amount of maintenance required.
(2) 
With the exception of transplanted material, all proposed plant materials shall be nursery-grown, disease-free, and shall conform to the standards listed in American Standard for Nursery Stock, ANSI Z60.1, current edition, published by the American Nursery and Landscape Association (ANLA).
(3) 
Plant material shall conform to the following minimum sizes and root condition:
(a) 
Shade and street trees shall have a minimum caliper of three inches to 3 1/2 inches, measured six inches above ground level, and a minimum height of 13 feet to 15 feet at installation. A minimum of 50% of the trees shall be native to the region. Multiple-trunked trees should be identified as such in the plant list. Multiple-trunked trees shall be counted as one tree.
(b) 
Ornamental and flowering trees shall have a minimum height of eight to 10 feet at installation. Multiple-trunked trees should be identified as such in the plant list. Multiple-trunked trees shall be counted as one tree.
(c) 
Evergreen trees shall have a minimum height of six feet at installation.
(d) 
The roots of all trees shall be contained in soil, and shall be balled and burlapped, except as otherwise noted in this chapter.
(e) 
Upright shrubs shall be a minimum height of three feet at planting. Spreading shrubs shall be a minimum of 18 inches in spread at planting.
(f) 
Ground covers, perennials, bulbs and annuals shall be appropriate to type.
(4) 
A variety of plant species are encouraged to avoid monocultures, to encourage long-lived species, and to promote wildlife habitat. Tree and shrub plantings shall contain the following minimum species mix:
Number of Trees
Minimum Species
1 to 9
1
10 to 49
2
50 to 99
3
100 to 199
4
Over 200
5
Number of Shrubs
Minimum Species
1 to 49
1
50 to 99
3
Over 100
5
(5) 
Other plant types, such as those marginally hardy to the area or those which have an unusual form, and/or nonvegetative features, such as water or rock gardens, may be incorporated into required planting areas. However, only those plants, which meet the requirements above, may be counted toward satisfying the minimum planting requirements of this chapter.
(6) 
Guarantee and maintenance. All landscape materials, including compensatory and transplanted trees depicted on the approved landscape plan, shall be financially secured, guaranteed and maintained, including, without limitation, compliance with the following:
(a) 
All landscape improvements to be provided shall be installed and maintained by accepted practices as recognized by the American Nursery and Landscape Association. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily be limited to, provisions for surface mulch, staking and guying, irrigation, fertilization, insect and disease control, pruning, mulching, weeding and watering.
(b) 
The applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this chapter shall be guaranteed and maintained in a healthy and/or sound condition, or otherwise be replaced by equivalent improvements, for a period of at least two years following their installation. The guarantee period shall be noted on the plans.
(c) 
After installation and prior to commencement of the guarantee period required above, the Township shall perform an inspection of the finished site for compliance with the approved landscape plan. Following this inspection, an as-built landscape plan shall be furnished to the Township by the applicant. Provided the finished site is found to be in compliance, the two-year guarantee period shall commence five days from the date of inspection.
(d) 
Plants found to be in poor health or lacking normal growth habit during the two-year guarantee period shall be replaced with nursery-grown plants, in accordance with the approved landscape plan, within 60 days of being notified by the Township, or during the next planting season, if notified out of season. All replacement plants shall be subject to a new two-year guarantee period.
(e) 
Where accidental damage or vandalism of plants occur, the applicant shall replace the damaged plant material in accordance with the original or an approved modified landscape plan.
(f) 
The applicant shall be required to escrow sufficient funds for the maintenance and/or replacement of the proposed vegetation, including compensatory plantings, during the two-year guarantee period. The escrow amount shall be equivalent to 110% of the amount of the cost estimate submitted with the approved landscape plan. In addition, an escrow shall be required for existing plants being disturbed by construction activities and/or transplanted plants that are being used to satisfy the minimum requirements contained in this chapter. This amount shall be equivalent to 110% of the cost of replacement with nursery-grown stock, based on the number of tree credits received for each existing tree or transplant. An escrow is not required for existing preserved trees outside the construction limits, or for transplanted material not being used to satisfy the minimum requirements of this chapter.
F. 
Transplanted plants.
(1) 
On a case-by-case basis, provisions may be made for the moving of existing trees, shrubs or other natural features to other locations on the site if requested by the applicant or the Planning Board.
(2) 
When used to satisfy a minimum requirement contained in this chapter, the transplanted plant materials shall be at least the same size as required nursery-grown material, and shall also be subject to the same protection, maintenance and guarantee requirements of this section.
(3) 
Transplanted material shall be handled according to the ANLA’s guidelines and pruned according to the NAA’s publication “A300 Pruning Standard.” When pruning, a more conservative crown clearing is recommended, removing up to 25% of the branches.
G. 
Compensatory planting.
(1) 
In the event that preservation of existing trees within the tree protection zone (outside of the development zone) is impossible, and/or relocation of improvements impractical, then compensatory planting shall be required for each live tree within the tree protection zone, and each specimen tree anywhere on the site.
(2) 
Trunk diameters shall be measured according to the following guidelines.
(a) 
For single-trunked shade trees, at a point 4 1/2 feet above ground level.
(b) 
For single-trunked ornamental trees, at a point 12 inches above ground level.
(c) 
For evergreen trees, at a point 12 inches above ground level.
(d) 
For multitrunked trees that branch between one and 4 1/2 feet above ground level, at a point just below the split.
(e) 
For multitrunked trees that branch below one foot above grade, the diameter shall be 60% of the sum total of all trunks measured at a point 4 1/2 feet above ground level.
(3) 
Compensatory trees shall be provided in the following ratios, based on the sum total of the diameter inches of trees being removed. These standards are applicable to both deciduous and evergreen trees. Compensation is not required for shrubs, unless otherwise required by the Planning Board.
(a) 
For trees five to 24 inches in diameter, one inch of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.
(b) 
For trees 24 inches in diameter or greater (specimen trees), two inches of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.
(c) 
For existing street trees within the right-of-way, one tree, with a caliper of three to 3 1/2 inches, shall be replanted in the street tree planting strip.
(d) 
For other significant areas of woods containing deciduous trees smaller than five inches in diameter, or evergreens less than six feet in height, replanting shall be with seedling material, of comparable native species, placed on a ten-foot-by-ten-foot grid. Compensation shall be at a rate of one square foot of new planting area for one square foot area of disturbance. This material may be bare root or container-grown stock.
(4) 
The number of compensatory trees should be calculated from the total diameter inches to be replaced, divided by three, rounded up to the next whole number.
(5) 
Compensatory trees shall be three to 3 1/2 inches in caliper, and planted in accordance with the standards contained within Subsection E above. Evergreen and ornamental trees may be substituted at a ratio of 2:1 shade tree, for up to 50% of the requirement. Alternative types of compensatory planting may be permitted, when approved by the Planning Board.
(6) 
Locations of compensatory trees must be clearly labeled on the landscape plan. They may be placed anywhere on the site, but are in addition to other required trees.
(7) 
In the event that the applicant establishes to the satisfaction of the Planning Board that constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing uninterrupted dense canopy) render it impractical to locate on the lot the required number of compensatory trees, then, at the election of the Planning Board, the applicant shall: install a portion of the required compensatory trees on other public lands within the Township; contribute to the Township the estimated cost of those trees which cannot practically be installed on the property for later installation of trees on public lands; and/or install fewer, larger or more valuable compensatory trees on the lot with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory trees. Whichever alternative is elected by the Board shall serve as the basis for calculating the required financial security in conformance with Subsection E(7)(f) above.
H. 
Street trees.
(1) 
Street trees shall be required along all existing or proposed public or private streets when they abut or lie within the proposed subdivision or site plan, and are in addition to other required plantings.
(2) 
Street trees shall be placed in a planting strip located between the proposed sidewalk and curb, within the right-of-way line. Where no sidewalks are proposed and are not planned in the future, the trees shall be placed five feet behind the curb or edge of pavement. Street trees shall not be planted within clear sight triangles, as defined in this chapter.
(3) 
Street trees shall comply with the size and spacing requirements below. A minimum of 50% of the proposed street trees shall be native to the region.
Tree Size
(feet)
Planting Interval
(feet)
Large trees (40+)
40
Medium-sized trees (30-40)
30
Small trees (to 30)
20
(4) 
The linear footage of right-of-way or pavement frontage shall be divided by the planting interval, without deducting the areas of driveway cuts or crosswalks. Fractions shall be rounded up. Trees shall be distributed along the entire planting strip, although they need not be evenly spaced.
(5) 
To prevent the total obliteration of sections of trees by disease or insect infestation, a variety of trees shall be used in each street tree planting. Species mix shall conform to Subsection E(4) above. Street tree species should not be alternated, but should be grouped at the designer’s discretion. This does not preclude the limited use of a singular species of tree to create a strong design statement. In general, no more than 20 trees in a row or in a cluster should be of the same species, unless otherwise approved.
(6) 
In certain rural sections of the Township, the planting of groves or clusters of street trees may be more appropriate to replicate the naturally occurring patterns of succession. In these cases, the following additional guidelines shall apply:
(a) 
Two street trees with a minimum one-and-one-half-inch to two-inch caliper may be substituted for each one required street tree.
(b) 
Clusters shall contain from two to seven trees. The number of trees in each sequential cluster should be varied.
(c) 
The trees within the clusters shall be spaced from 15 feet to 30 feet on center.
(d) 
The maximum distance between clusters shall be no greater than 75 feet.
(e) 
The width of the tree planting strip may extend up to 15 feet onto the lot from the right-of-way line.
(7) 
Alternate arrangements to create a special effect (i.e., columnar trees spaced 15 feet on center at a development entry) may be permitted on a case-by-case basis, when approved by the Planning Board.
(8) 
Trees shall be planted so as not to interfere with the installation and maintenance of sidewalks and utilities, in accordance with the following guidelines.
(9) 
Plantings shall not block, impede or interfere with the installation, safe use, operation or maintenance of roadways, sidewalks, sight easements, utilities, and lighting in accordance with the following guidelines. Plantings shall not be of an invasive nature, weedy or brittle character, easily susceptible to pest infestations and/or diseases, or possess hazardous characteristics (bee-attracting, poisonous, thorny) when used in areas designated for sitting or play.
(a) 
Five feet from curbs and sidewalks. If trees are located closer than 10 feet to a sidewalk, root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk. Root barriers are not required along the curb;
(b) 
Ten feet from underground utilities;
(c) 
Fifteen feet from overhead utilities, unless the use of small shade or ornamental trees is approved; and
(d) 
Trees planted adjacent to sidewalks shall be limbed to a minimum of seven feet.
(10) 
The street tree requirement may be waived where existing preserved vegetation is considered sufficient to meet these requirements, and is reasonably assured of continued survival.
(11) 
If tree pits are used within paved areas, they may be covered with tree grates and/or a variety of porous materials; however, the minimum surface area for gas exchange must be 15 square feet per tree, unless otherwise approved by the Planning Board.
I. 
Landscaping for parking lots, loading and vehicle storage areas.
(1) 
Except for detached single-family and two-family dwelling units, a screen planting, berm, fence, wall or combination thereof, no less than four feet in height, measured from the center line of the adjacent street, shall be provided between the off-street parking areas and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet.
(2) 
All site plans/subdivisions that contain parking lots, access lanes and service drives shall be designed to include planting islands, divider strips and/or building foundation plantings. Such landscaped areas shall be distributed throughout the vehicular use area, or along their perimeter, in order to break the view of parked vehicles in a manner not impairing visibility.
(3) 
Planting islands shall conform to the following standards:
(a) 
Planting islands shall be distributed throughout the parking lot, according to one of these two formulas:
[1] 
One planting island, a minimum of nine feet wide by 18 feet long, spaced not more than 180 feet apart, or every 20 parking stalls, in single or double bays; or
[2] 
One diamond tree pit, a minimum of four feet square, spaced not more than 45 feet apart, or every five parking stalls in double bays. These are to be placed at an angle of 45° to the stalls, at the conjunction of four adjacent stalls. In addition, islands 18 feet in width shall be provided at the ends of rows in which diamond tree pits are used.
(b) 
Islands should be placed opposite each other in adjacent rows of parking, to reduce the number of raised islands, and to increase the area available for tree roots.
(c) 
The last parking stall in a row shall be separated from drive aisles by a planting island, a minimum of nine feet in width.
(d) 
Each planting island shall contain one shade tree plus three shrubs, ground cover, perennials and/or mulch to cover the entire area at maturity. At least 50% of the proposed shade trees shall be native to the region. Shrubs located at the ends of the islands shall be maintained at a maximum height of 2 1/2 feet for sight line and safety purposes.
(4) 
Divider strips shall conform to the following standards:
(a) 
Divider strips shall be placed at every other bay of parking, running the length of the rows of parking, and be landscaped with plantings of shade, ornamental, and/or flowering trees, plus shrubs, ground cover and/or mulch to cover the entire area at maturity. A “bay of parking” is the width of pavement needed to accommodate either one or two rows of parking stalls plus one access lane.
(b) 
Divider strips shall be a minimum of 10 feet wide, unless a sidewalk is proposed within the divider strip, then the divider strip shall be increased in width by six feet. An approved root barrier shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk.
[1] 
The quantity of shade trees required shall be calculated at one tree per 40 feet of divider-strip length, exclusive of end islands. Two ornamental trees may be substituted for one shade tree, for up to 50% of the requirement. The trees need not be spaced evenly apart; however, the maximum spacing shall be 50 feet.
[2] 
The quantity of shrubs shall be calculated at one shrub per 10 feet of divider strip, exclusive of end islands. Shrubs shall be spaced according to size, but not more than five feet apart. Gaps may be placed between the shrub plantings to provide areas for ground covers, decorative mulch beds, artwork, crosswalks, or flowering plants. Shrubs within 10 feet of the ends of the strips shall not exceed 2 1/2 feet in height, so as not to block visibility. This shall not preclude the use of taller shrubs elsewhere within the divider island.
(5) 
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof and shall not be less than five feet in height at the time of planting, and eight feet in height at maturity.
(6) 
To prevent conflicts with the opening and closing of automobile doors, and to reduce damage from automobile overhangs, all shrub plantings in parking lot islands and divider strips located adjacent to or abutting parking stalls shall be set back a minimum of two feet from the curb or edge of pavement.
(7) 
Plantings required within the parking areas are exclusive of other planting requirements such as street trees, buffer and compensatory plantings.
(8) 
See § 203-69 for further requirements for buffers.
J. 
Facade plantings. To break up long stretches of facade and provide a more comfortable pedestrian environment, plantings shall be placed along the sides of buildings facing parking lots and street rights-of-way, according to the following standards:
(1) 
Plantings are required for all sides of a non-single-family residential building facing parking lots or areas intended primarily for pedestrian use. Plantings are not required along the sides of buildings containing service or loading areas, unless they also face parking areas. If part of a side of the building faces parking, only that portion is subject to these requirements.
(2) 
Plantings are required for all sides of a non-single-family residential building facing a street right-of-way.
(3) 
Plantings shall front a minimum of 50% of the length of the building and any outdoor retail, cafe or occupied areas. Screen plantings are not required in front of outdoor sales or cafe areas; however, consideration should be given to placing some of the required trees in front of these areas.
(4) 
Facade plantings should consist of a minimum of 50% evergreen material to ensure that landscaping is present during the late fall to early spring seasons.
(5) 
The minimum planting requirement shall be one shade tree per 40 feet of building facade, plus six shrubs (including ornamental grasses with a minimum height of three feet) per 20 feet of building facade, outdoor retail, cafe or other occupied areas. To allow for design flexibility, the following substitutions may be made:
(a) 
Up to 50% of the required quantity of shade trees may be substituted with two ornamental or evergreen trees, or six shrubs, per shade tree.
(b) 
Up to 25% of the required quantity of shrubs may be substituted with two ground cover shrubs or perennials per shrub.
(6) 
Plantings may be placed in a lawn area, tree pits, and/or planters as appropriate to the character of the development, using the following guidelines as to placement:
(a) 
Shade trees shall be placed at least 15 feet from a building wall. Ornamental and evergreen trees shall be placed at least 10 feet from a building wall.
(b) 
If any tree is located closer than 10 feet to a sidewalk, approved root barriers shall be placed along the tree side of the sidewalk for a distance of 12 feet, centered on the trunk.
(c) 
Planters shall be at least 30 inches high, but no higher than 42 inches, and contain drainage holes.
K. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DEVELOPMENT ZONE
The area where the majority of development on a site will take place. This area is located outside of the tree protection zone, and is typically where buildings, parking lots and stormwater basins are proposed. Only specimen trees (24 inches and greater) are to be compensated for within the development zone.
TREE PROTECTION ZONE
An area bounded by the parameters outlined in Subsection C(2)(c) where trees are to be preserved as much as possible. All trees five inches or greater that are removed from this area must be compensated for.

§ 203-69 Buffer and screen standards.

[Amended 12-15-2003 by Ord. No. 2003-24]
A. 
Purpose and applicability.
(1) 
Buffers and screens shall be submitted with all site plan and subdivision applications.
(2) 
The primary purpose of buffers is to eliminate views and reduce noise perception beyond the lot.
(3) 
The primary purpose of screens is to reduce view into lots.
B. 
Type, location and width.
(1) 
Buffers are required in the following locations:
(a) 
Along all lots and streets separating residential and industrial uses from arterial and collector streets;
(b) 
Separating all nonresidential uses from residential uses or zoning districts;
(c) 
On reverse-frontage lots, adjacent to the higher-classified street right-of-way; and
(d) 
Along all state highways and railroad rights-of-way.
(2) 
Screens are required in the following locations:
(a) 
Along all street lines where loading and storage areas can be seen from the street;
(b) 
Along all nonaccessible sides of trash enclosures, equipment or storage buildings and yard and utility boxes;
(c) 
Along the entire perimeter of stormwater management basins; and
(d) 
Around the perimeter of all parking lots or other similar vehicle use areas (i.e., service stations and bank/fast-food drive-through lanes).
(3) 
Width of buffers and screens.
(a) 
Where a nonresidential district or use is proposed to be developed contiguous to a residential district or use, the nonresidential user shall provide a planted buffer 75 feet in width within the nonresidential district.
(b) 
Where an industrial or manufacturing district or use is contiguous to an office or commercial district or use, a buffer 25 feet in width shall be located within the district where the development is taking place.
(c) 
Where a residential district or use is proposed to be developed contiguous to a commercial or office district or use, a twenty-five-foot buffer shall be provided within the residential district.
(d) 
Where a residential district or use is proposed to be developed contiguous to an industrial district or use, a fifty-foot buffer shall be provided within the residential district.
(e) 
Where a residential district or use is proposed to be developed contiguous to a manufacturing district or use, a buffer 75 feet in width shall be provided within the residential district.
(f) 
Where a residential district or use, other than single-family or two-family residential, is proposed to be developed contiguous to a residential district or use, a fifteen-foot buffer shall be provided.
(g) 
Where a single-family or two-family residential use is proposed to be developed contiguous to a non-single-family residential district or use, a fifteen-foot buffer shall be provided in the district where the development is taking place.
(h) 
Where a single-family residential use is proposed to be developed contiguous to another single-family residential district or use, no buffer is required.
(i) 
If a road should separate two districts or uses, a buffer 15 feet in width shall be provided within the district where the development is taking place.
(4) 
Buffer and screen widths shall be measured horizontally. If a reduction in buffer width is granted by the approving authority, then the minimum shrub planting requirements shall be doubled.
(5) 
Buffer and screen widths shall be in addition to the normal depth and/or width of the lot required in a residential district. The area included in the buffer or screen strip shall not be included in calculating the minimum lot area as required by the specific residential district in which the lot is located. This strip shall be part of the development and shall be designated on the plan: “This strip is reserved for buffering and/or screening. The placement of any structure hereon is prohibited.”
C. 
General buffer and screen composition and planting standards.
(1) 
Buffer may be comprised of existing vegetation and natural features, proposed new or transplanted vegetation, fences, walls and/or berms. When berms are included in a buffer, a curvilinear or naturalistic arrangement is encouraged. Existing vegetation and natural features may be used as a buffer or screen only at the discretion of the Board, and only if such features meet the intent of this section.
(2) 
No structure, activity, storage of materials or parking of vehicles shall be permitted within a buffer or screen area.
(3) 
The location and design of buffers and screens shall consider the use being screened, the distance between the use and the property line, differences in elevations, the types of buffers or screens and other combinations of man-made and natural features. The buffer or screen shall be designed, planted, graded, landscaped and developed with the general guidelines that the closer a use or activity is to the property line, or the more intense the use, the more effective the buffer or screen must be in obscuring light and vision, and reducing noise beyond the lot.
(4) 
The following methods shall be used for the purpose of calculating the amount of plant material required within a buffer or screen.
(a) 
A buffer length shall be measured at the property line or right-of-way line and shall include all existing or proposed driveway openings or easements.
(b) 
Where buffer areas overlap, as in the case of side and rear tract boundaries, only the more stringent buffer shall apply in the area of overlap. However, care shall be taken to avoid unplanted gaps in what would be the area of overlap.
(c) 
The length of the perimeter of stormwater management basins shall be measured along the center of the basin’s rim.
(5) 
All buffer and/or screen plantings along state highways shall require a berm as an integral part of the landscaping.
(6) 
All plantings shall conform to the size and standards prescribed in § 203-68E(3).
(7) 
At least 50% of all shade trees and 25% of all shrubs shall be native to the region.
(8) 
At least 50% of the shrubs shall be evergreen.
(9) 
Up to 50% of the required shade trees may be substituted with ornamental trees at a ratio of two ornamental trees for each shade tree.
(10) 
Up to 50% of the required shrubs may be substituted with ornamental grasses, which will attain a minimum height of three feet.
(11) 
A minimum of 50% of the required buffer width must contain required plantings.
(12) 
Plants shall be distributed throughout the entire length of buffers and screens, but need not be evenly spaced. However, there shall be no more than 100 feet between shade trees, 50 feet between evergreen trees, and 50 feet between shrub clusters.
(13) 
Buffer and screen plantings shall be broken at points of vehicular and pedestrian access, outside of clear sight triangles.
(14) 
The remainder of the buffer area shall be planted with ground covers, including lawn grasses or meadow plantings, as appropriate to the character of the site and adjacent lands.
D. 
Specific buffer and screen requirements.
(1) 
Buffers shall contain the following type and quantity of plant material per 100 feet of buffer length and achieve 80% opacity after five years' growth.
(a) 
Twenty-five- to fifty-foot wide buffers: two shade trees, four evergreen trees, and 20 shrubs.
(b) 
Buffers up to 25 feet wide: two shade trees, two evergreen trees, and 20 shrubs.
(2) 
Screens shall contain the following type and quantity of plant material:
(a) 
Loading/storage areas and trash enclosures shall be screened using evergreen trees and shrubs that will achieve 100% opacity after three years growth.
[1] 
If a decorative wall or solid fence is proposed, then a low screen may be used consisting of, at a minimum, evergreen and/or deciduous shrubs a minimum of three feet in height at time of planting.
[2] 
If no wall or fence is proposed and vegetation will act as the only screen, then a high screen consisting of large evergreen shrubs, spaced no more than four feet on center or as needed to form a continuous screen of eight feet in height after five years’ growth, or evergreen trees spaced 12 feet on center, with evergreen shrubs placed between the evergreen trees, shall be planted.
(b) 
Stormwater management basins shall be screened based on the following quantities of plant material and shall achieve 50% opacity after five years’ growth.
[1] 
One shade tree, plus two evergreen trees, plus 10 shrubs, plus either 20 groundcover shrubs or 300 herbaceous groundcover plants or bulbs per 100 feet of basin perimeter length.
[2] 
Up to 50% of the groundcover shrubs may be substituted with perennials at a rate of two perennials per groundcover shrub.
[3] 
Basin headwall and other structures shall be screened with required plantings; however, plantings shall not impede the basin’s function.
(c) 
Parking lots/vehicle use areas shall be screened based on the following quantities of plant material and shall achieve 50% opacity after five years’ growth.
[1] 
A low screen comprised of evergreen and/or dense deciduous shrubs, capable of obscuring the glare of automobile headlights, shall be evenly spaced to form a contiguous screen or hedge throughout the year and shall be a minimum height of three feet at time of planting.
(3) 
If a use is not listed, the screen most suited to the use shall be used.

§ 203-70 Fences.

A. 
General regulations.
(1) 
No fences shall be erected within the municipality without the owner of the premises or his representative, authorized in writing to make such application, first obtaining a zoning permit from the Zoning Officer.
(2) 
Application for such fences shall be made in writing to the Zoning Officer and shall set forth the following information:
(a) 
The owner and address of the premises where the fence is to be erected.
(b) 
A description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings.
(c) 
A sketch or plan of the fence.
(d) 
A certified plot plan or survey of the premises in question, which shall show streets abutting and at the nearest intersection and shall approximately indicate the location of structures within 10 feet of the fence.
(3) 
The fee for such permit shall be as provided in the Township of Woolwich fee schedule.[1]
[1]
Editor's Note: See Ch. 95, Fees.
(4) 
Any existing deed restrictions are not be superseded by this section.
(5) 
Fences accessory to farm operations are exempt from the requirements of this section with respect to permit, fee, construction or materials. This exemption shall not extend to that percentage of farm property set aside for residential purposes as delineated upon the property record cards of the Township.
B. 
Regulations for residential lots. Fences on residential lots may be erected as hereinafter set forth:
(1) 
Fences shall be no closer than one foot to the Township road, street and/or right-of-way.
(2) 
Fences not exceeding 48 inches in height above ground level may be erected between the building line and the road, street and/or right-of-way.
(3) 
Fences not exceeding six feet in height above the ground level may be erected between the front building line to the side property lines and to the rear of the property.
(4) 
Front fences on corner properties shall not be constructed of materials that would block the view of vehicular traffic at the intersection.
(5) 
Fences must be maintained by the owner and kept in alignment and shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Construction Official.
(6) 
In all cases where fencing is erected along or adjacent to a front property line or between such a front property line and the actual building line, or both, or along or adjacent to any property line bordering on any street and the actual building line with respect to such street, or both, said fencing shall not exceed a height of four feet. Along other locations, the height limit is six feet. The maximum height shall be measured from the natural grade of the land.
[Amended 6-6-2005 by Ord. No. 2005-16]
(7) 
No fence, wall or hedge shall contain spikes, sharp objects, barbed wire, razor-ribbon or any other similarly dangerous material which may be hazardous to persons or animals except as described below in Subsection B(8).
[Amended 6-6-2005 by Ord. No. 2005-16]
(8) 
The following fences and walls and construction materials related thereto are specifically prohibited in all districts in the Township of Woolwich: barbed wire, canvas, cloth, expandable and collapsible fences and slat fences of any type. The ban on barbed wire shall not apply to fences or walls located on and necessary to the operation of a livestock farm which is in excess of five acres, or to barbed wire strands placed atop a security fence or wall constructed between six feet and eight feet in height around a conforming commercial or industrial use, provided that the fence or wall conforms to all other conditions as described below in Subsection C(3), and that no barbed wire be permitted in the front yard of nonfarm uses.
[Added 6-6-2005 by Ord. No. 2005-16]
(9) 
All fences must be installed with the side where the supporting posts or poles are most visible facing the inside or towards the lot the fence is erected on. The side where the supporting posts or poles is least visible and is the most finished must face the outside or adjoining lots or the public right-of-way.
[Added 6-6-2005 by Ord. No. 2005-16]
(10) 
All fences must be erected within the property line, and no fence is to be erected so as to encroach upon the public or private right-of-way, easements, restrictions or declarations and covenants.
[Added 6-6-2005 by Ord. No. 2005-16; amended 4-17-2006 by Ord. No. 2006-10]
C. 
Regulations for nonresidential lots.
(1) 
Fences shall be no closer than one foot to a Township road, street and/or right-of-way.
(2) 
Fences shall not be less than four feet in height.
(3) 
Barbed wire fences are prohibited in all commercial areas except as indicated below:
[Added 6-6-2005 by Ord. No. 2005-16]
(a) 
The fences are needed to prevent entry into a hazardous area.
(b) 
The fences are needed to secure an area where materials, equipment and/or machinery are stored.
(c) 
In such other situations where the Zoning Officer determines that there are reasons justifying the construction of barbed wire fencing.
(d) 
Where such fences are permitted, the fact that they are barbed wire shall be clearly indicated on the fence at intervals of not more than 75 feet.

§ 203-71 Garbage and refuse disposal units.

A. 
All trash enclosures shall be located so as to be hidden from passing motorists.
B. 
All trash disposal units shall be enclosed by a decorative fence or masonry wall a minimum height of six feet with either welded steel panel or solid wooden gates.
C. 
Where refuse disposal units are used in townhouse or apartment dwellings, the following requirements shall apply:
(1) 
No more than one disposal unit will be permitted for each 10 dwelling units.
(2) 
Refuse disposal units shall be conveniently located within a minimum of 25 feet, but not more than 100 feet, of the building.

§ 203-72 Open space and greenway lands.

[Amended 8-1-2005 by Ord. No. 2005-25; 12-5-2005 by Ord. No. 2005-39; 10-27-2008 by Ord. No. 2008-19]
A. 
Intent. Protected farmland, open space and greenway lands (referred to herein as "greenway lands") in all subdivisions shall meet the standards below.
B. 
Uses permitted on greenway lands. The following uses are permitted on greenway land areas:
(1) 
Conservation of open space in its natural state (for example, woodland, fallow field, or managed meadow);
(2) 
Agricultural and horticultural uses. Such uses may include raising crops or livestock; wholesale nurseries; associated buildings that are specifically needed to support an active, viable agricultural or horticultural operation;
(3) 
Pastureland for horses based on best management practices;
(4) 
Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry;
(5) 
Neighborhood open spaces uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, shooting ranges, and other uses similar in character and potential impact as determined by the Joint Land Use Board;
(6) 
If greenway land becomes a public park; active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required greenway land. Playing fields, playgrounds, and courts shall also be permitted, and they shall generally be gravel-surfaced, properly drained, and provide safe ingress and egress;
(7) 
Water supply systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway;
(8) 
Easements for drainage, access, sewer, or water lines, or other public purposes; and
(9) 
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.
C. 
Greenway design standards.
(1) 
Greenway lands shall, whenever possible, be laid out in general accordance with the Township's greenways system and farmland preservation designed maps as included in the Woolwich Township Open Space and Recreation Plan of 2004 to encourage the development of an interconnected network of open space. The required greenway land may consist of a mixture of primary conservation areas (SCAs), which shall be included in the greenway lands to the greatest extent possible. PCAs comprise floodplains, wetlands, and slopes over 10%. SCAs include mapped areas showing high groundwater recharge (11 inches to 14 inches per year), natural heritage priority areas, and critical habitat areas as designed by the landscape project, as well as other scenic, natural and historic features such as viewsheds, natural swales, and historic structures that may be unmapped but should be incorporated into site plans or subdivisions during the site visit.
(2) 
In Option 1 subdivisions (as per §§ 203-40, 203-41, and 203-42), the greenway land comprises a minimum of 50% of the gross tract area. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization reorganized by the Township, or by a private individual (typically as part of the original farmhouse). These ownership options may be combined so that different parts of the greenway land may be owned by different entities.
D. 
Other requirements.
(1) 
No portion of any building lot may be used for meeting the minimum required greenway land. Greenway land may be located so as to meet any potential needs of the neighborhood. Active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.
(2) 
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with Subsection B(2) herein, shall be provided to public greenway land in accordance with the following requirements:
(a) 
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 35 feet in width.
(b) 
Access to greenway land for agriculture may be appropriately restricted for public safety to prevent interference with agricultural operations, provided that access for farming operations is permitted.
(3) 
All greenway land areas that are not public parks, or being farmed, shall be left in a natural state. Greenway lands that are left in a natural state, whether held as public or private land, shall be exempt from the requirements of the Township Property Maintenance Ordinance,[1] with the exception of a six-foot-wide buffer from roads, sidewalks, and pathways.
[1]
Editor's Note: See Ch. 143, Property Maintenance.
E. 
Permanent greenway protection through conservation easements.
(1) 
In Option 1 subdivisions (as per §§ 203-40, 203-41, and 203-42), all greenway land provided shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities. A list of permitted uses of greenway lands is contained in this section in Subsections B and C.
(2) 
The Joint Land Use Board may require portions of fee simple lots to be encumbered by conservation easements to protect valuable or sensitive natural features or landscape features on such lots.
F. 
Ownership of greenway land and common facilities.
(1) 
Development restrictions. All greenway land shall be permanently deed restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in Subsection B.
(2) 
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(a) 
Fee simple dedication to the Township. The Township may, but shall not be required to, accept any portion of the common facilities, provided that:
[1] 
There is no cost of acquisition to the Township; and
[2] 
The Township agrees to and has access to maintain such facilities.
(b) 
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open space and common facilities shall be held as "common element."
(c) 
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
[1] 
The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions or common facilities.
[2] 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
[3] 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
[4] 
The association shall be responsible for maintenance and insurance of common facilities.
[5] 
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
[6] 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities may be given to all members of the association and to the Township no less than 30 days prior to such event.
[7] 
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(d) 
Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the county, provided that:
[1] 
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;
[2] 
The conveyance contains appropriate provisions for proper reversion or transfer of ownership in the event that the organization or Gloucester County becomes unwilling or unable to continue carrying out its functions;
[3] 
The greenway land is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
[4] 
A maintenance agreement acceptable to the Township is established between the owner and the organization or Gloucester County.
(e) 
Non-common private ownership. At the discretion of the Joint Land Use Board, up to 100% of the required greenway land may be included within one or more large "conservancy lots" of at least 10 acres, provided the open space is permanently restricted from future development through a conservation easement, or farmland preservation except for those uses listed in Subsection B, and that the Township is given the ability to enforce these restrictions.
(3) 
Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:
(a) 
There shall be no cost of acquisition to the Township;
(b) 
Any such easements for public use shall be accessible to the residents of the Township; and
(c) 
A satisfactory maintenance agreement shall be reached between the owner and the Township.
(4) 
Maintenance of greenway land and common facilities.
(a) 
Unless otherwise agreed to by the Joint Land Use Board, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(b) 
The applicant shall, at the time of preliminary plan submissions, provide a plan for maintenance of greenway lands and operation of common facilities in accordance with the following requirements:
[1] 
The plan shall define ownership;
[2] 
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, meadow, pasture, cropland, woodlands, etc.).
[3] 
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
[4] 
The applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year, at the discretion of the Township.
[5] 
Any changes to the maintenance plan shall be approved by the Joint Land Use Board.
(c) 
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(d) 
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties as stated in Article XI, Remedies and Penalties, of this chapter. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township with the County Clerk or County Registrar.

§ 203-73 Cluster development.

A. 
Cluster development shall be permitted as part of any development within an RLM or RMD Zone, provided that the parcel contains not less than 25 contiguous acres of land, that public water and sewer are available and further subject to the criteria hereinafter set forth. The term "cluster development" shall mean a development of dwellings that allows for a grouping of the structures which reduces the lot area and yard requirements and incorporates the remaining areas as open space owned as an appurtenance to ownership of the dwellings.
[Amended 8-1-2005 by Ord. No. 2005-25]
B. 
Permitted uses. The principal accessory and conditional uses set forth in §§ 203-39, 203-40, 203-41 and 203-42 of this chapter shall be permitted in a cluster development.
C. 
Maximum density. The density of the development may be increased by a factor of not more than 25% over the applicable limitations set forth in § 203-49 for such dwelling type and district. In the event public water and sewer are not available to the development, no such increase in density shall be permitted.
D. 
Area and yard requirements.
(1) 
Each lot shall meet the requirements set forth in § 203-49 for the respective district with the exception that:
(a) 
The minimum lot area for an individual lot may be reduced by a factor of not more than 25% of the minimum lot area set forth in § 203-49 for such dwelling type and district.
(b) 
The front yard requirements may be reduced to 10 feet where a dwelling unit fronts on a private street.
(c) 
The frontage requirements of up to 25% of lots for detached dwelling units or two-family dwelling units within a cluster of said units may be reduced to a minimum of 20 feet.
(2) 
Minimum yards for single-family attached dwellings shall be measured from the front, side and rear of each building. The total minimum distance between the buildings shall be the sum of the two abutting yard areas. The minimum yards shall be 25 feet for front yards on public streets and 15 feet for front yards on private streets, 15 feet for side yards and 25 feet for rear yards.
(3) 
No portion of any building shall be closer to any portion of another building than the combined distances of the abutting yard requirements for each building as set forth below:
(a) 
Thirty feet from the side of any structure to any other structure.
(b) 
The Planning or Zoning Board, after due consideration of plans, testimony or other submission, may waive strict compliance with this subsection to further the architectural relationship of building groups.
(4) 
Minimum parking setbacks shall be 35 feet from any county right-of-way and 20 feet from any municipal right-of-way or project entrance drive.
E. 
Open space. Not less than 25% of the gross land area of the development shall be deed-restricted from further residential development set aside as open space. Not more than 50% of such open space may be designated as wetlands as designated by the United States Fish and Wildlife Service. For the purposes of this section, no drainage structure, drainage basin or utility right-of-way shall be considered open space. The open space shall be contiguous and to the greatest extent possible centrally located to the residential uses. A minimum of 200 contiguous feet of the open space shall front on a municipal right-of-way, project entrance or internal collector street. An open space organization shall be created pursuant to N.J.S.A. 40:55D-43 et seq., unless the open space is dedicated to and accepted by the Township Committee or other qualified agency.

§ 203-74 Model home, sales offices and spec homes.

[Added 4-5-1993 by Ord. No. 93-3]
A. 
An applicant who has received final approval of a major subdivision of 10 or more lots may apply for permits to construct model homes or sales offices. These model homes or sales offices shall be for the purposes of marketing and may not be sold for residential purposes until all other lots in the subdivision have been purchased by perspective homeowners. In accordance with N.J.S.A. 40:55D-66, model homes or sales offices shall not be considered a business use during the period necessary for the sale of new homes within the subdivision. Model homes or sales offices and homes constructed for speculative purposes ("spec homes") shall be permitted, provided that the requirements and conditions as noted herein are satisfied prior to issuance of a zoning permit and/or construction permit.
B. 
The following conditions shall apply to model homes or sales offices and spec homes, as noted herein:
(1) 
Model homes or sales offices shall meet all zoning requirements which apply to the particular dwelling type and to the respective zoning district in which the subdivision is located.
(2) 
There shall be a maximum of one model home or sales office or one spec home for every five lots in the subdivision.
(3) 
Model homes or sales offices shall only be utilized a maximum of two years from the date the zoning permit is issued, unless extended by the Planning Board.
(4) 
Frontage on an existing public street shall be improved to Township standards, or if it is a newly constructed street within the subdivision, such street shall be improved with an all-weather bituminous concrete surface meeting Township specifications.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Fencing and/or supplemental landscaping may be required for any lot utilized for model home or sales office purposes.
C. 
A site plan which includes the following information for each lot proposed for a model home or sales office shall be reviewed and approved prior to issuance of either a zoning permit and/or a construction permit:
(1) 
Grading plan.
(2) 
Landscaping and signage plan.
(3) 
Floor plan and building elevations.
(4) 
Parking plan.
(5) 
Utilities plan indicating methods of water supply, sewage disposal and lighting.
(6) 
The architectural style and type of dwelling, i.e., single-family detached, patio, townhouse, etc.
(7) 
A schedule indicating the length of time the model home or sales office will be displayed for marketing purposes and the estimated dates they will be offered for sale.
D. 
Sales offices may be located in a trailer for a major subdivision for limited use in all zones, provided that the preceding and the following conditions are met: A premanufactured office type model trailer may be permitted upon review and approval by the Zoning Officer for a period not to exceed two years unless renewed by the Planning Board. Permits for such trailers shall be issued by the Zoning Officer upon payment of the permit fee.
E. 
Construction trailers for use by general contractors and/or subcontractors may be used on residential major subdivisions and commercial/industrial subdivisions, provided that the following conditions are met: A permit may be issued by the Construction Code Official, provided that a site plan showing the location of the proposed trailer has been approved by the Construction Code Official. Such structures will be permitted only if they pose no threat to health or safety; and provided, further, that the landowner agrees to remove and to restore the land to its original condition following completion of construction or at such time as may be determined by the Planning Board. Payment of the required permit fee shall be required prior to issuance of the permit.

§ 203-75 Use of mobile home as temporary shelter.

[Added 4-5-1993 by Ord. No 93-3]
When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during the rehabilitation of the original residence or construction of a new replacement residence is permitted subject to the following additional regulations:
A. 
Required potable water and sanitary sewer facilities shall be provided.
B. 
Maximum length of permit shall be six months. The permit may be renewed for a period not to exceed 60 days in the event of circumstances beyond the control of the owner. Applications for the extension shall be made to the Planning Board at least 15 days prior to the expiration of the original permit.
C. 
The mobile home shall be removed from the property within 48 hours of the issuance of a certificate of occupancy for any rehabilitated or new replacement residence.
[Amended 3-15-1999 by Ord. No. 99-6]

§ 203-76 Accessory residential structures and enlargement of residential structures.

[Added 9-9-1993 by Ord. No. 93-7]
The addition of a residential accessory use and/or enlargement of a residential structure within the SOC, HC and LIO Districts shall be permitted subject to the following special conditions:
A. 
The subject lot shall be improved with a structure occupied for residential purposes.
B. 
Existing residential structures shall be enlarged by not more than 50% of the total floor area of the structure used for residential purposes on November 30, 1992.
C. 
Accessory residential structures shall not be located within the front yard and shall comply with the following requirements:
(1) 
Minimum side yard: 10 feet.
(2) 
Minimum rear yard: 5 feet.
(3) 
Maximum building length: 15 feet.

§ 203-76.1 In-law suites.

[Added 4-20-2009 by Ord. No. 2009-04]
A. 
Introduction. This purpose of this section is to provide guidance with clarifying zoning and building permit requirements for an in-law suite in a home.
B. 
Definitions. The following adopted definitions are relevant, in addition to the definitions sections under § 203-5 of the Woolwich Township Code, in determining what type of additions or remodeling may be authorized regarding "in-law suites":
DWELLING UNIT
One or more rooms designed for the occupancy, cooking, and sleeping of one or more persons living as a family.
FAMILY/FAMILY MEMBER
An individual, or two or more persons related by blood, marriage, adoption or guardianship, occupying a single dwelling unit. The term "family/family member" does not include any organization or institutional group.
C. 
Zoning requirements. Based upon the above definitions and the Township's overall Master Plan, this section does not allow dwelling unit or apartment as an authorized use in single-family zoning districts (R-1, R-2, R-3, 5A Five Acre Residential, PUD and all other approved residential zones). However, there is no prohibition in the construction of an in-law suite, provided that the following requirements are met:
(1) 
Only family members shall reside in the in-law suite, and said family member must be allowed unrestricted access to the common areas of the dwelling unit (e.g., the kitchen, bathroom, living room, etc.)
(2) 
The in-law suite shall not have separate gas and electric utilities (more than one meter per utility would constitute a separate dwelling unit and is prohibited).
(3) 
The in-law suite shall not be located in an accessory building (this would constitute a separate dwelling unit) such as a unit over a garage.
(4) 
The in-law suite shall be connected to the main heated living area of the dwelling (the suite shall not be connected to the building by a breezeway, as this would constitute a separate dwelling unit).
(5) 
The in-law suite shall have principal means of access to the outside of the dwelling unit via the dwelling unit's main exterior doorways (single access to the outside to the "suite" would constitute a separate dwelling unit).
(6) 
The in-law suite may have a kitchen and bathroom as well as a bedroom.
D. 
Appeals. Appeals from this section or their interpretation are decided by the Joint Land Use Board in accordance with the "appeal of Zoning Officer determination" process. The appellant should contact the Land Use Department or the Zoning Officer in order to obtain additional information regarding the appeals process.
E. 
Additional building permit application requirements. All permit applications shall be accompanied by the following additional information:
(1) 
Construction documents, including a floor plan acceptable to the Construction Code Official, indicating the use of each room, doorway locations and demonstrating compliance with Subsection C of this section;
(2) 
A signed and notarized affidavit from the property owner stating who will reside in the in-law suite and acknowledging that the in-law suite is prohibited from use as an apartment (change in owner or occupant requires a new affidavit);
(3) 
A building addition location plan (if adding to the home);
(4) 
Any deviation from this section requires Joint Land Use Board Approval;
(5) 
Nothing in this section is intended to supersede "the right to farm" for temporary living for migrant workers.
F. 
Purpose. It is the express purpose of this section to provide an economically feasible alternative to nursing home and boardinghome care so that immediate elderly family members (55 years of age or older), or disabled family members over the age of 18, can live with family members while maintaining some degree of overall independence. Additionally, this section attempts to halt the proliferation of unauthorized conversions of single-family dwelling units into two/multiple dwelling units in a single-family zone and/or unauthorized rental units.

§ 203-76.2 Use and placement of portable storage units and pods.

[Added 4-16-2012 by Ord. No. 2012-12]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PERSONAL PROPERTY
Any movable item or thing that is subject to ownership.
PORTABLE STORAGE UNIT/POD
Any container designed for the storage of personal property that is typically rented to owners or occupants of property for their temporary use and which is customarily delivered and removed by truck.
PUBLIC AREA
Includes any street, sidewalk, highway, public lane, alley, right-of-way, easement, Township parking lot or other public place in the Township.
TEMPORARY
Having a limited duration or use; not of permanent nature.
B. 
Permit required (multifamily dwellings, detached single-family residential and nonresidential). No person shall place or utilize a portable storage unit/pod or permit a portable storage unit/pod to be placed upon a property which a person owns, rents, occupies or controls without first having obtained a permit from the Township Zoning Officer. Any placement of a portable storage unit/pod on public area shall first have written approval from the Township Police Department and an approved permit from the Zoning Officer. The placement of said portable storage unit/pod must be temporary; any permanent storage unit must comply with the appropriate accessory use controls contained in the applicable zoning district as per the Woolwich Township Code.
C. 
Application for permit; fees; conditions of issuance.
(1) 
Application for a portable storage unit/pod shall be made by submission of the following information to the Township Zoning Officer;
(a) 
Name and address of the applicant and the owner of the property, if different.
(b) 
Street address where the portable storage unit/pod will be placed.
(c) 
Size of the portable storage unit/pod and the proposed location of the unit.
(d) 
Anticipated length of time the portable storage unit/pod will be located on site.
(e) 
A sketch plot or plan of survey shall be provided to the Zoning Officer designating the specific area where the portable storage unit/pod shall be located.
(2) 
The application fee and any renewal fee are $30 each, payable at the time of application.
(3) 
A multifamily dwelling unit permit shall be valid for a period of three calendar days.
(4) 
A detached single-family residential permit shall be valid for a period of 14 calendar days and may be renewed upon application to the Zoning Officer for an additional 14 days, not to exceed a total period of 28 days. Application for renewal shall be made prior to the expiration of the existing permit. Renewal shall be at the discretion of the Code Enforcement Officer.
(5) 
A nonresidential permit shall be valid for a period of 30 calendar days and may be renewed upon application to the Zoning Officer for an additional 30 calendar days, not to exceed 60 calendar days. Application for renewal shall be made prior to the expiration of the existing permit. Renewal shall be at the discretion of the Code Enforcement Officer.
(6) 
A permit may be revoked at any time during its term if the placement or use of the portable storage unit/pod constitutes a hazard to the health, safety or welfare of the citizens of the Township or for any other reason that constitutes a nuisance.
(7) 
No permit shall be issued if the Police Department determines that the issuance of a permit will constitute a danger to public safety or an unwarranted interference with the efficient movement of traffic.
(8) 
Renewal shall not be unreasonably withheld by the Code Enforcement Officer, and discretion may be utilized during instances of true personal emergencies and/or acts of God.
(9) 
Only one permit per property, including all renewals of said permit, shall be granted during a twelve-month period.
D. 
Location, placement and condition of portable storage units/pods in residential districts.
(1) 
Portable storage units/pods may be located in any detached single-family residential zoning district. Except as provided herein, they shall not be placed in a public area.
(2) 
Unit location must be immediately adjacent to or in the property driveway at the furthest accessible point from the street. Final placement shall be to the satisfaction of the Zoning Officer, taking in consideration of existing setbacks, site lines, slope of the land, aesthetics, other structures, safety issues and the like.
(3) 
Only one portable storage unit/pod may be placed on a single-family residential property at one time.
(4) 
No portable storage unit/pod located at a single-family residential property shall be used for the storage of construction debris, business inventory, commercial goods or goods for property other than the residential property where the unit is located. No material of any kind may be placed or stored outside the unit at any time. Upon reasonable notice to the applicant, the Township may inspect the contents of any portable storage unit/pod for compliance with this chapter.
E. 
Location, placement and conditions of portable storage units/pods in nonresidential districts.
(1) 
Portable storage units/pods may be placed in nonresidential zoning districts only at a designated location as approved by the Township Zoning Officer. The allowable number of units shall be determined by the Zoning Officer pending site characteristics, lot area and location of unit/units.
(2) 
Applicants for portable storage units in nonresidential zoning districts must demonstrate to the satisfaction of the Zoning Officer that the specific location/complex has sufficient space to place a unit or units and continue to provide adequate parking and public safety access and to comply with all health, safety and welfare concerns.
(3) 
The unit/units shall be placed only in the rear or side portion of the site. Under no circumstances shall a unit be placed in an area fronting a street or road or in a grass/landscaped area or in the front parking lot of a commercial establishment. The placement of portable storage units/pods in fire lanes, passenger loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited. Units shall not impede the flow of vehicle or pedestrian traffic on said property and shall not interfere with the ingress to and egress from said property. Final placement shall be to the satisfaction of the Zoning Officer.
(4) 
No portable storage unit/pod shall be used for the storage of construction debris or any goods or materials other than that of the commercial or industrial business where the unit is located. The items contained in the temporary portable storage pod shall be, including but not limited to: consistent with the products sold on site, seasonally appropriate merchandise, holiday goods, or goods that have become replaced inside the business for marketing purposes. Upon reasonable notice to the applicant, the Township may inspect the contents of any portable storage unit or pod for compliance with this chapter.
(5) 
A separate permit is required for each portable storage unit/pod on a nonresidential property.
F. 
General restrictions.
(1) 
No portable storage unit/pod shall exceed 20 feet in length.
(2) 
Portable storage units shall never be utilized as accessory structures in any zone, as they are intended to be temporary rentals. Any storage pods that are owned by the property owner and/or contemplated to be on site for more than the time frames specifically permitted in Subsection C(3), (4) or (5), as outlined above, shall comply with the appropriate accessory use controls contained in the applicable zoning district as per the Woolwich Township Code.
(3) 
No hazardous material or organic waste shall be placed in a portable storage unit/pod.
(4) 
It shall be the responsibility of the applicant to ensure that the portable storage unit/pod is maintained in a good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
(5) 
Portable storage units/pods shall have no signage other than a serial number identifying the unit and the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable storage unit/pod.
(6) 
Any deviation from these statutory restrictions regarding time/duration, location, and size of said portable storage pods shall require a bulk variance from the Township's Joint Land Use Board.
G. 
Enforcement; violations and penalties.
(1) 
It shall be the responsibility of the Code Enforcement Officer and/or the Police Department and/or the Director of Public Works and/or the Township Construction Official and their designated agents to enforce all provisions of this chapter.
(2) 
Any person who violates any of the provisions of this chapter shall be subject to the removal of the portable storage unit/pod at the expense of the applicant. Each day a portable storage unit/pod is placed or utilized in violation of the terms of this chapter shall constitute a separate offense. Each offense hereunder is punishable by a fine of not more than $100 per day.
H. 
Inconsistency. All ordinances or parts of ordinances that are inconsistent with the terms of this section be and the same are hereby repealed to the extent of their inconsistency.
I. 
Effective date. This section shall take effect immediately upon proper passage, publication in accordance with law and after final adoption as provided by law.

§ 203-76.3 Breweries, distilleries and wineries.

[Added 9-19-2016 by Ord. No. 2016-15]
A. 
In those districts in which breweries, distilleries, and wineries may be permitted as a conditional use, the following conditions shall apply:
(1) 
Breweries, distilleries and wineries may only be permitted on a qualified farm.
(2) 
In no district shall a brewery, distillery, or winery be erected, enlarged or established within 200 feet of:
(a) 
A public school or playground;
(b) 
A duly organized school giving regular instruction at least five days a week for eight or more months a year;
(c) 
A hospital; or
(d) 
A church.
(3) 
Local base.
(a) 
The predominant crops grown on the premises shall be used in the production of alcohol for the brewery, distillery, and/or winery.
(b) 
A brewery, distillery, or winery must accomplish at least two of the following four activities on site: crushing, fermentation/extraction, bulk aging/storage, and bottling.
(4) 
Operations of establishment.
(a) 
No brewery, distillery, or winery shall exceed 10,000 square feet of building area.
(b) 
No brewery, distillery, or winery shall produce more than 15,000 cases per year.
(c) 
Retail sales floor shall not exceed 15% of the gross floor area of the structure.
(d) 
Retail sales of alcoholic beverages shall be limited to alcoholic beverages manufactured on-site in accordance with above.
(e) 
No special occasion events shall be permitted without a special events permit.
(5) 
Minimum lot areas and bulk standards.
(a) 
All breweries, distilleries, and wineries shall conform to the minimum lot area and other bulk standards of the zoning district in which they are located.
(6) 
Landscaping:
(a) 
The first 25 feet of lot width adjacent to a public street shall be landscaped in accordance with the provisions of §§ 203-68 and 203-69 (except for necessary drive aisles).
(b) 
Breweries, distilleries, and wineries adjacent to residential uses and public or private open spaces shall be screened by twenty-five-foot-wide evergreen screening buffer in accordance with §§ 203-68 and 203-69, not less than six feet in height and which shall be maintained in a safe and sightly condition.
(7) 
Parking.
(a) 
The establishment shall comply with all applicable provisions of § 203-81 (Off-street parking schedule). For the purposes of calculating parking, the brewing, distilling and fermenting areas shall be considered industrial manufacturing, the tasting rooms shall be considered restaurant, sales areas shall be considered retail, and the cold and warm storage shall be considered warehousing.