In any district where permitted, a motor vehicle
service station shall be permitted as a conditional use subject to
the following regulations:
A.
The area for use by motor vehicles, except access
drives thereto, as well as any structures shall not encroach on any
required yard area.
B.
No fuel pump shall be located within 20 feet from
any side lot line nor within 35 feet of any street line.
C.
No permit shall be issued for the erection of a motor
vehicle service station or for the conversion of any premises not
so used to be used for such purposes if any part of the lot or premises
in question is situated:
(1)
Within a radius of 1,000 feet of the property
line of a public school or a duly organized school other than a public
school, conducted for children.
(2)
Within a radius of 1,000 feet of the property
line of a hospital maintained as a charitable institution, or a private
hospital maintaining at least 15 beds for patients.
(3)
Within a radius of 1,000 feet of the property
line of a church with a seating capacity for 100 persons or more.
(4)
Within a radius of 1,000 feet of the property
line of a theater containing at least 100 seats.
(5)
Within a radius of 1,000 feet of the property
line of any place of public assemblage with a seating capacity of
100 persons or more.
(6)
Within a radius of 1,000 feet of the property
line of a public library.
(7)
Within a radius of 1,000 feet of the property
line of any public playground or athletic field.
(8)
Within 1,000 feet of any other motor vehicle
service station now existing in the Township.
D.
All repair work, servicing, and the like shall be
done within a fully enclosed building.
E.
All automobile parts, scrap material and similar articles
shall be stored within a fully enclosed building. No dismantled or
wrecked vehicles shall be stored outside a fully enclosed building
for a period in excess of 14 days.
F.
The area of all driveways and other areas over which
motor vehicles will drive or be parked shall be paved with a bituminous
or concrete surface.
G.
All lights used to illuminate the filling station
shall be arranged to reflect down and away from any adjoining residential
property.
H.
In the event a motor vehicle service station abuts
a residential use, a wall or fence five feet in height shall be constructed
and maintained along the lot line. The character, nature and design
of such wall or fence shall be subject to the approval of the Planning
Board.
I.
The minimum frontage of the site of a filling station
shall be 100 feet, and all facilities for the servicing of motor vehicles
shall be on private property and the building set back a minimum of
25 feet, and all entrances and exit driveways shall have an unobstructed
width of 15 feet.
J.
No movable signs or sign shall be placed on public
property.
K.
Accessory retail sales are permitted, except no merchandise
is to be stored outside of buildings.
A.
A shopping center shall consist of a minimum of six
stores or 25,000 square feet of retail floor area of the following
permitted types:
(1)
Only those uses are permitted in which display,
sales, servicing or processing takes place wholly within a building.
(2)
Local retail outlets of the following types:
drug store; grocery store; delicatessen; restaurant; soda fountain;
bakery; notion or variety store; barbershop or beauty shop; dry-cleaning
agency; laundry, hand or self-service; shoe store or shoe repair shop;
women's and children's apparel; haberdashery; tailor shop; confectionery;
stationery store; cigar store; jewelry; meat market except live poultry;
hardware; paint store.
(3)
Regional facilities of the following types:
bank; supermarket; department store; household furnishing and accessories.
(4)
Professional or business offices.
(5)
Any retail operation of the same general character
as determined by the Planning Board pursuant to a hearing. Notwithstanding
the discretion conferred by this subsection, no use specifically prohibited
or uses similar thereto shall be construed as permitted.
B.
Within any shopping center, the following uses are
specifically prohibited:
(1)
All uses which are objectionable by reason of
odor, dust, smoke, noise, vibration or waterborne waste.
(2)
Auction marts, motor vehicle service stations
and garages, automobile sales outlets and secondhand car sales, building
and construction supply outlets, dwelling units except for a caretaker
or watchman, live poultry markets, wholesale or storage establishments,
funeral or undertaking establishments, dancing schools, bowling alleys,
skating rinks, community centers, lodges and private halls.
C.
Within any shopping center, the following area, height
and bulk restrictions shall apply, in addition to those listed in
the area and bulk schedule and other parts of this chapter:
(1)
Minimum width: 200 feet.
(2)
Minimum area: one acre.
(3)
Minimum depth: 150 feet.
(4)
Maximum coverage: 20%.
(5)
Maximum floor area ratio: 30%.
(6)
Maximum height of principal building to eave
line: two stories or 30 feet.
(7)
Maximum height of accessory buildings to eave
line; one story or 15 feet.
(9)
Off-street parking area shall be provided on
the site in the ratio of one parking space for each 200 square feet
of gross floor area. The only exception to the gross floor area shall
be unfinished basement areas that are exclusively for storage, refrigeration
and other building support functions and are not usable by employees
or customers. The width of entrance and exit driveways shall not exceed
30 feet, and if more than one driveway is used, there shall be a distance
of at least 125 feet between the center lines of each driveway. Entrance
and exit drives to any use shall be maintained with a triangular area
of unobstructed vision, formed by the intersection of the driveway
line, the street line and a straight line joining the lines at a point
40 feet from their intersections. No parking, loading or unloading
shall be permitted, nor shall any sign, fence, structure or shrubbery
be over 2 1/2 feet in height within such triangular area. Off-street
parking areas shall not encroach in any required front, side or rear
yard area.
D.
The following supplemental regulations shall apply
to all shopping centers:
(1)
No building permit shall be issued until:
(a)
The plans for site, building types, access roadways,
parking areas, and landscaping have been reviewed and favorably reported
on by the Planning Board.
(b)
The governing body has secured binding agreements
as to access roads to the center, including their design, specifications,
construction and maintenance.
(c)
The governing body has secured binding developers
agreements.
(2)
No certificate of occupancy shall be issued
until all regulations and specifications of this chapter have been
fully complied with.
A.
No fast-food establishment shall be permitted within
a three-thousand-foot radial distance of an existing fast-food establishment.
The three-thousand-foot radial distance shall be measured from the
nearest point of the property lines of each lot on which the existing
fast-food establishment is located and the lot on which the proposed
fast-food establishment is intended to be located.
B.
For the purposes of this section, a fast-food establishment
shall mean any restaurant which does not offer waiter/waitress services
to customers seated at tables and/or which serves food on paper, polyfoam
or nonceramic plates and cups, using plastic eating utensils.
A.
No more than one principal building shall be located
on a single lot except by approval of the Planning Board. The provisions
of this subsection shall not apply to property located in the High-Rise
Business B-4 District.
B.
No building permit shall be issued for the construction
of a structure located on a lot that does not front on a street that
is improved to Township specifications.
C.
Notwithstanding any provisions to the contrary contained
in this chapter, or subsequent amendments thereto, any lot in a Residence
R-1A, R-1B or R-1C District having a street frontage of not less than
50 feet, and a depth of not less than 80 feet, as shown on the records
of Passaic County prior to September 15, 1958, may be used for a dwelling
and an accessory building, provided that the side, front and rear
yards are at least as wide as the side, front and rear yards on the
lots adjoining on each side, and provided further that no wall of
any dwelling shall be nearer to the side line than five feet, nor
nearer than 10 feet to the wall of a dwelling on an adjoining lot,
and no wall of any accessory building on an inside lot shall be nearer
than three feet to the side line or rear line, and no wall nor any
dwelling or accessory building on a corner lot shall be nearer than
10 feet to the side street property line.
A.
Any person or corporation or other owner of property
in Little Falls who seeks to utilize said property pursuant to the
authority of N.J.S.A. 40:55D-66, 40:55D-66.1, 40:55D-66.2, 40:55D-66.3,
40:55D-66.5a, 40:55D-66.5b and 40:55D-66.6 shall, as a precondition
of using the premises in Little Falls for any of these purposes, submit
to the Construction Official a written disclosure of the following
information:
(1)
The name and address of the owner of the property.
If the owner is a corporation, the names and addresses of all stockholders
shall be listed. If the owner is a partnership or any other noncorporate
entity, the disclosure shall list the names and addresses of all of
the partners or participants in the partnership or noncorporate association.
(2)
If any applications have been submitted to any
state or federal agencies, a copy of the applications, as well as
any approvals by the state or federal agencies shall be submitted.
(3)
If any applications for funding have been submitted
to any state or federal agencies, copies of the applications and any
action of the funding agencies, shall be submitted.
(4)
Copies of any licenses that have been issued
by any state or federal agency.
(5)
All procedural manuals or other documents related
to the intended or actual operation of the facilities and other comparable
facilities maintained by the owner/applicant.
(6)
All documents related to training and education
of the on-site care providers, both residential and clinical staff
members for the proposed facility.
(7)
All documents relating to emergency measures
for patient failures to self-medicate and supervisor absences.
(8)
A detailed description of the screening and
evaluation methodology utilized or to be utilized by any other patient
source facility as well as by the owner of the property prior to a
patient being accepted at the facility.
(9)
All documents relating to the protocol for checking
and the number of clinician hours per patient per week, which were
designed to ensure that self-medication is in fact occurring.
(10)
All documents reflecting the methodology for
the review of documents, which will be relied upon by the facilities
in selecting the intended residents, redacted to exclude patient's
name and address.
(11)
All documents related to the protocol for determining
failures at prior residential settings of intended residents in the
Little Falls facility.
(12)
All documents related to the statistical breakdown
by diagnosis of the inhabitants of the proposed facility, including
whether any of the inhabitants have a history of prior diagnosis of
substance abuse.
(13)
All documents related to the detailed admissions
criteria for patients to be admitted to the facility.
(14)
All documents related to criteria for determining
whether a resident of the facility should be removed.
(15)
All documents related to the recidivism rate
for the person placed in the proposed community residence.
(16)
All documents reflecting the house rules for
the facility.
(17)
All documents reflecting any proposed curfews
at the facility.
(18)
A floor plan showing the existing room configuration
in the existing structure, which shall delineate the length and width
of each room as well as the present utilization; a floor plan showing
any proposed changes in the existing room configuration as well as
a designation of the use of each room. The disclosure shall relate
to all floors of the existing building as well as the basement area
and any attic areas if applicable.
(19)
A plot plan survey showing the subject lot as
well as the location of all existing structures duly certified by
a licensed surveyor. An indication of the zone class where the property
is located shall be included.
(20)
A street address of the subject property and
the lot and block designations.
(21)
If the intended use is placement of foster children
in a single-family dwelling pursuant to N.J.S.A. 40:55D-66, there
shall be a disclosure of the number of children proposed to be placed,
the name of the school in which the children are enrolled or will
be enrolled, the names, ages and relationship to one another of the
persons who will live at the premises, and the names of the persons
who are or will be the parents of the foster children; the name and
address of the child-care placement agency and a copy of any documents
reflecting the foster children placement; if the placement has been
approved by the Division of Youth and Family Services, a copy of the
papers reflecting the approval.
(22)
If it is intended to utilize the premises as
a community residence for developmentally disabled and/or community
shelters for victims of domestic violence pursuant to N.J.S.A. 40:55D-66.1,
then the owner shall set forth the number of residence staff.
(23)
If it is intended to utilize the premises pursuant
to N.J.S.A. 40:55D-66.1, an application for a conditional use, pursuant
to the provisions of N.J.S.A. 40:55D-67, is required and the filing
information under the terms of this section shall be accompanied by
a conditional use application as required by law. Such application
shall be in accordance with a conditional use conditions hereinafter
provided in the within section.
(24)
If a conditional use application is contemplated,
the owner of the property shall indicate whether the property is located
within 1,500 feet of an existing comparable residence or shelter.
(25)
The applicant shall disclose the number of proposed
persons in the facility; however, the municipality may deny the issuance
of any additional such permits if the number of persons, other than
resident staff, resident at existing such community residences or
community shelters within the municipality exceeds 50 persons, or
0.5% of the population of the municipality, whichever is greater.
(26)
If it is intended to use the property pursuant
to the provisions of N.J.S.A. 40:55D-66.1, the owner shall disclose
facts related to the criteria provided in N.J.S.A. 40:55D-66.2.
(27)
If it is intended that the applicant's intended
use meets the standards of "health care facility" within the provisions
of N.J.S.A. 26:2H-1 et seq., set forth all facts which show compliance
with the standard. Similarly, if it is intended that the applicant
has been approved for a purchase of a service contract or an affiliation
agreement, set forth all facts demonstrating the approval together
with copies of the documentation.
(28)
If it is intended to use the property for "developmentally
disabled persons," then the facts showing eligibility within the meaning
of N.J.S.A. 30:11B-2 shall be submitted; and if it is intended for
"mentally ill persons," all of the facts shall be disclosed demonstrating
that the person is ill as defined in N.J.S.A. 30:4-27.2.
(29)
If it is intended to use the facility for any
mentally ill person, there shall be a disclosure as to whether such
a person was committed after having been found not guilty of a criminal
offense by reason of insanity or has been found to be unfit to be
tried on a criminal charge by reason of insanity.
(30)
If it is intended to use the facility for a
community shelter for victims of domestic violence, there shall be
a disclosure of all facts demonstrating certification pursuant to
the standards and procedures established by regulation of the Department
of Human Services pursuant to N.J.S.A. 30:14-1 et seq.
(31)
If it is intended to use the facility as a shelter
for victims of domestic violence, there shall be a disclosure as to
any orders which have been entered which have determined the person
to be a victim of domestic violence, including all facts which demonstrate
that such victim of domestic violence, including any children of such
victim, temporarily require shelter and assistance in order to protect
his/her physical or psychological welfare.
(32)
If the premises are intended to be used as family
day-care pursuant to the provisions of N.J.S.A. 40:55D-66.5a and 40:55D-66.5b,
set forth whether or not the particular private residence has been
approved by the Division of Youth and Family Services or an organization
with which the Division has contracted for family day care; also set
forth the number of children who are intended to reside at the facility
and the number of hours per week they are intended to reside; also
set forth whether the child being cared for is legally related to
the provider and, if so, give the name of the provider, the name of
the child and evidence of the legal relationship; if the child or
children to be cared for are part of a cooperation agreement between
parents for the care of their children by one or more of the parents
involved, the names of the children and whether payment for the care
of the children is being provided.
(33)
If it is intended to use the facility as a child-care
center pursuant to the provisions of N.J.S.A. 40:55D-66.6, provide
a copy of the license issued by the Department of Human Services pursuant
to N.J.S.A. 30:5B-1 et seq. If such a license has not been issued
but an application has been filed, attach a copy of the application
and all supporting documents as well as any documents from the Department
of Human Services.
(34)
Set forth whether or not the intended use complies
with the requirements of the Uniform Construction Code. If the intended
use does not fully comply with the provisions of the Uniform Construction
Code and its subparts, the specific respects in which it does not
comply shall be set forth.
(35)
If it is intended to use the facility in whole
or in part as a community residence for persons with head injuries,
set forth the number of persons with head injuries as defined in N.J.S.A.
40:55D-66.2 who are intended to be housed in the facility and also
set forth, if the owner contends that such persons meet the criteria
for persons with head injuries, the particular facts of each person
pursuant to N.J.S.A. 40:55D-66.2.
B.
No person shall use the premises located in a residential zone in Little Falls for any purpose authorized by the statutes referred to in Subsection A and as required by N.J.S.A. 40:55D-66.1 and 40:55D-67 except upon application to the Planning Board for a conditional use pursuant to the provisions of N.J.S.A. 40:55D-66.1 and 40:55D-67.
C.
The application for a conditional use shall be filed
pursuant to the provisions of the Municipal Land Use Law and the zoning
ordinances of the Township of Little Falls and shall be accompanied
by an appropriate application for site plan approval, also pursuant
to the provisions of the Municipal Land Use Law and the site plan
provisions of the zoning ordinances of the Township of Little Falls.
The conditions for the issuance of a conditional use pursuant to the
provisions of N.J.S.A. 40:55D-66.1 and 40:55D-67 shall be (The following
are hereby declared to be in furtherance of the health, safety and
welfare of the residents of the district.):
(1)
No conditional use shall issue for any premises
located within 1,500 feet of any existing such residence or shelter.
(2)
No such conditional use shall issue if the number
of persons, other than resident staff, resident at existing such residence
or community shelters within the municipality exceeds 50 persons or
0.5% of the population of the municipality, whichever is greater,
as determined by the last federal census.
(3)
The application for the conditional use shall
be accompanied by a certification by an architect or engineer who
shall certify compliance with all provisions of the Uniform Construction
Code and its subparts.
(4)
Any application for a variance from the terms
of the conditional use conditions shall be required to be filed with
the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-70(d).
(5)
The bulk requirements of the zone in which the
premises are located shall apply pursuant to the provisions of N.J.S.A.
40:55D-66.5a and 40:55D-66.5b and no more stringent provisions shall
apply as applied to all other residential homes in the residential
zone.
(6)
The bulk requirement applied to the proposed
facility shall be the same as the bulk requirements applied to other
residential property in the same district, except that the floor area
occupied in any building or structure pursuant to N.J.S.A. 40:55D-66.6
and the floor area designated to such use shall be excluded in calculating
any bulk requirements applicable to the number of units or floor space
and to the permitted density allowable for the building or structure
under any municipal or zoning ordinance.
(7)
Except as otherwise provided in this provision
dealing with conditions of conditional use, if the applicant seeks
to increase the square footage of the existing structure either horizontally
or laterally, such an expansion shall comply with all bulk requirements
of the ordinances applicable to other residential property in the
particular district in which the subject property is located.
(8)
The proposed use shall be subject to and conform
to the requirements of any applicable provisions of statute, and as
a part of the application for a conditional use the applicant shall
set forth a disclosure of the facts which demonstrate compliance with
the applicable statutes.
(9)
The application for a conditional use shall
demonstrate compliance with the applicable provisions of the Fair
Housing Act of 1985 (N.J.S.A. 52:27D-301 et seq.), if those provisions
are applicable, as well as any administrative guidelines issued by
the Department of Housing and Urban Development.
(10)
The application for a conditional use shall
be accompanied by a plan which demonstrates accessible building entrance
on an accessible route; accessible common and public use areas; accessible
doors usable by a person in a wheelchair; an accessible route into
and through the dwelling unit; light switches, electrical outlets,
thermostats and other environmental controls in accessible locations;
reinforced walls for grab bars; and kitchen and bathroom access usable
to persons in a wheelchair. Those requirements shall apply unless
the owner has obtained explicit approval from HUD for alternate ways
to demonstrate that they have met the requirements of the Fair Housing
Act. If the owner of the property contends that it has obtained such
HUD approval, it shall submit documents evidencing such approval.
If the Planning Board, upon receipt of the application, determines
that the application does not meet all of the conditions of the conditional
use provisions of the subsection, it shall reject the application
for lack of jurisdiction and the applicant shall submit its application
anew to the Planning Board pursuant to the provisions of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(11)
If the qualified occupants are intended to be
housed on more than one level of the dwelling, the applicant shall
be required to provide for either elevators or wheelchair lift facilities
so that occupants of wheelchairs can have access in their wheelchair
to any other floor levels in the facility which provide exit access
in the event of emergencies or access to such person in a wheelchair
to other facilities available to the occupants on other floors.
(12)
If the building includes more than one story
and is constructed on a slope, the building shall provide that the
lowest story can be accessed on a grade on one side of the building
and the second story can be accessed on grade on the other side of
the building so that the dwelling facilities on both of the first
and second stories are accessible to inhabitants and inhabitants who
use wheelchairs.
(13)
If the building to be used has the dwelling
area above the garage area, there must be an accessible building entrance
on an accessible route and there must be an accessible route leading
to grade-level entrances serving the single-story dwelling units from
a public street or sidewalk or other pedestrian arrival point. This
may be provided either by a properly sloped ramp leading from the
below-grade parking to grade level, or by means of an elevator from
the parking garage to the dwelling units.
(14)
The measuring of the slope of the finished grade
shall be measured at ground level from the entrance to the top of
the pavement of all vehicular and pedestrian arrival points within
50 feet of the planned entrance or, if there are none within 50 feet,
the vehicular or pedestrian arrival point closest to the planned entrance.
(15)
The applicant shall demonstrate compliance with
the Federal Architectural Barriers Act of 1968.[1] If the facility is to be financed in whole or in part
with federal funds, there shall be access to persons with disabilities
as provided in said Architectural Barriers Act.
[1]
Editor's Note: See 42 U.S.C. § 4151
et seq.
(16)
In addition to compliance with 42 U.S.C. § 4151
et seq. (the Federal Architectural Barriers Act of 1968), the applicant
shall demonstrate, where applicable, compliance with the provisions
of the Rehabilitation Act of 1973.
(17)
The applicant shall comply with the provisions
of the Supportive Housing for the Elderly and Persons with Disabilities
under Title 24, Volume 4, Parts 700 through 1699, where applicable.
If the applicant contends that these regulations are not applicable
or if it contends that any other federal statute or statute is not
applicable, it shall submit supporting evidence of the nonapplicability.
D.
Any use regulated by this section shall be subject
to the bulk standards of this chapter generally applicable to permitted
uses in the zone district except to the extent that such bulk standards
are made inapplicable to such a use under the provisions of any state
statute.
Any eating and drinking establishment that is permitted by this
chapter shall be permitted to have an outdoor dining facility or facilities
as an accessory use to such establishment. Such outdoor dining facility
or facilities shall be required to apply for and obtain site plan
review from the Planning Board and also comply with the following
requirements:
A.
Outdoor
dining may be conducted only in districts zoned for business.
B.
Outdoor
dining will be restricted to only those establishments currently conducting
indoor dining business. Outdoor dining shall be limited to the rear
yard or side yard of the property or the sidewalk area immediately
in front of the establishment's building or store front.
C.
Any outdoor
dining facility in a rear or side yard shall be screened from neighboring
properties and parking areas by means of decorative fencing and/or
vegetation.
D.
No owner
or occupant of any premises shall engage in or allow dining on any
public sidewalk without having first obtained an outdoor dining facility
license, and such dining shall comply with all of the provisions contained
in the Little Falls Code.
E.
All Sanitary
Code, alcoholic beverage requirements, and all other laws and regulations
shall apply to the outdoor seating unless specifically excluded.
[Added 10-17-2016 by Ord.
No. 1245]
The primary purpose of the solar energy system will be to provide
power for the principal use of the property whereon the said system
is to be located and shall not be for the generation of power for
commercial purposes for resale, other than as permitted by net metering
laws. Solar energy systems shall be permitted as a conditional use
in all the zones in the Township of Little Falls in accordance with
the following standards:
A.
Residential zones:
(1)
Ground-mounted solar energy can be located in the residential
zones in accordance with the following:
(a)
Shall not be located within any front yard, easement or utility
line or along the front wall of the principal building.
(b)
Such systems shall maintain the side and rear yard setbacks
as stipulated within the respective zoning district.
(c)
Ground-mounted solar energy systems shall not exceed 400 square
feet.
(d)
Such systems shall not exceed 10 feet in height.
(e)
Adequate screening in the form of four-season plantings shall
be provided along the property line.
(f)
Ground-mounted solar energy systems shall not be categorized
as accessory buildings.
(g)
Systems shall be located and installed so that the sun glare
is directed from an adjoining property line or public right-of-way.
(h)
Systems shall be designed by using materials, colors, textures,
screening and landscaping that will blend into the natural setting
and existing environment.
(2)
Roof-mounted solar energy systems shall be permitted on a conforming
single-family or two-family residential building, provided the systems
are in accordance with the following:
(a)
In no event shall the placement of the solar panels result in
the total height, including the building and panels, exceeding what
is permitted in the zoning district.
(b)
In no instance shall any part of the system extend beyond the
edge of the roof.
(c)
If solar systems are attached to accessory buildings, then such
systems shall not be located in the front yard and shall not be less
than six feet from any side or rear property line.
(d)
Rooftop installations must not interfere with any operation
of plumbing fixtures protruding from the rooftop level as required
by the New Jersey Plumbing Codes.
(3)
Utility notifications and interconnection. Solar systems that
connect to the electric utility shall comply with New Jersey's Net
Metering and Interconnection Standards for Class I Renewable Energy
Systems at N.J.A.C. 14:4-9.
B.
Nonresidential zones:
(1)
Roof-mounted solar energy systems in nonresidential zones shall
be in accordance with the following:
(a)
In no instance shall any part of the system extend beyond the
peak of the roof, extend beyond the maximum height of the roofline
or exceed the maximum height permitted for a principal building in
the respective zone.
(b)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(c)
Rooftop installations must not interfere with any operation
of plumbing fixtures protruding from the rooftop level as required
by the New Jersey Plumbing Codes.
(d)
All applicable building codes must be followed.
(e)
If located on a flat roof, then adequate screening should be
provided in order to not be visible from the public right-of-way,
parking lots and adjacent property. Sight-line drawings depicting
the visual sight lines from the right-of-way, parking lots and adjacent
properties should be provided at the time of site plan review.
(2)
Ground-mounted solar energy systems, provided:
(a)
Solar panels may be installed on a ground-mounted apparatus
only on lots with a minimum lot size of five acres.
(b)
Shall not be located within the front yard, easement or utility
line and along the front facade of the building.
(c)
Such systems shall not exceed 10 feet in height.
(d)
Systems shall be located and installed so that the sun glare
is directed from an adjoining property line or public right-of-way.
(e)
Systems shall be designed by using materials, colors, textures,
screening and landscaping that will blend into the natural setting
and existing environment.
C.
Solar energy commercial operations are prohibited as a principal
use. These are systems whose main purpose is to generate energy back
into the energy grid systems rather than being consumed on site.
D.
Signs. There shall be no signs that are visible from any public road posted on a solar energy system or any associated building, except for the manufacturer's or installer's identification in accordance with Subsection F below, appropriate warning signs or owner identification. Solar energy systems shall not be used for displaying any advertising except for small and reasonable identification of the manufacturer or operator of the system. In no case shall any identification sign be visible from a property line.
E.
Utility notifications and interconnection. Solar systems that connect
to the electric utility shall comply with New Jersey's Net Metering
and Interconnection Standards for Class I Renewable Energy Systems
at N.J.A.C. 14:4-9.
F.
Labeling requirements.
(1)
A minimum of one sign shall be posted near ground level on the
interconnection cabinet warning of high voltage. In addition, the
following information shall be posted on a label or labels on the
interconnection cabinet of the solar energy system:
(2)
Should the solar energy system interconnection cabinet be located
on the inside of a structure, a sign notifying the existence of a
solar energy system shall be placed on the outside of the building,
near the electrical and/or gas meter, in order to notify emergency
personnel of the solar energy system.
G.
Standards for and regulation of solar energy systems.
(1)
Construction. Solar energy system construction shall be in accordance
with the appropriate sections of the Basic Building Code as adopted
and as currently amended by the State of New Jersey and any future
amendments and/or revisions to same.
(2)
The installation of a solar energy system shall conform to the
National Electrical Code as adopted by the NJDCA and/or any other
applicable agency with jurisdiction. The installation of a solar energy
system is subject to any and all of the electric utility company's
requirements for interconnection, and its successors and assigns,
and/or designated by state authority, in perpetuity.
(3)
The design of any solar energy system shall be signed and sealed
by a professional engineer, licensed in the State of New Jersey, certifying
that the design complies with all the standards set forth for safety
and stability in all applicable codes then in effect in the State
of New Jersey and all sections referred to hereinabove.
(4)
Utility company notification. The appropriate electric utility
company, its successors and assigns, and/or as designated by state
authority, shall be notified, in writing, by the applicant of any
proposed interface to the company's grid prior to installing such
interface, and it shall conform to any legislated requirements governing
installations of solar energy systems so as to comply with the utility
tariff specifications. Evidence of such notification shall be submitted
at the time of application for conditional use approval and building
permit.
H.
All electric/utility lines shall be located underground. All electric
and utility lines leading down the side of the structure from rooftop
installations shall be placed and tacked as aesthetically as possible.
I.
Any approval of a solar energy system does not create any actual
or inferred solar energy system easement against adjacent property
and/or structures. The owner and/or property owner of a solar energy
system shall not infer or claim any rights to protective writs to
any caused shadows or operating ineffectiveness against future development
adjacent to or higher than the property location of the solar energy
system. Although the Township of Little Falls may, to an extent possible,
attempt to mitigate or prevent the occurrence or cause of shadows
or operating ineffectiveness of existing solar energy systems, the
approval of any solar energy system granted by the Township of Little
Falls under this section shall not create any future liability or
infer any vested rights to the owner and/or property owner of the
solar energy system on the part of the Township of Little Falls or
by any other officer or employee thereof for any future claims against
said issuance of approval of the solar energy system that results
from reliance on this section or any administrative decision lawfully
made thereunder.
J.
No equipment, framing or other materials directly related to solar
operations for any residential or commercial use shall be abandoned
in place, and whereby after a unit is nonfunctional or no longer in
use, it must be dismantled and removed in its entirety within 120
days.
K.
Approval requirements.
(1)
Site plan approval. Site plan approval from the Planning Board
or Board of Adjustment, as appropriate, shall be required for the
installation of a solar energy system.
(2)
Documents. The site plan application shall be accompanied by
a plot plan, which includes the following:
(a)
Property lines and physical dimensions of the property.
(b)
Location of the proposed solar energy system.
(c)
The right-of-way of any public road that is contiguous with
the property.
(d)
Any overhead utility lines.
(e)
Manufacturer solar energy system specification/cut sheets certified
by a licensed New Jersey engineer, including manufacturer and model.
(f)
A visual site distance analysis must be submitted, including
all photos of the subject property, that graphically simulates the
appearance of any proposed solar energy system and indicates its view
from at least five locations around the property.
(g)
Notification of utility company for interconnection purposes.
(h)
The documents and plans shall contain enough information and
accurately depict the installation of the solar energy system for
the Township of Little Falls to make a formal decision on the application.
The amount of information and accuracy of information shall be in
the sole judgment of the administrative officer.
L.
Expiration. A permit issued for an application approved by the Planning
Board or Zoning Board of Adjustment, if appropriate, shall expire
if:
M.
Administration and enforcement.
(1)
This section shall be administered by the administrative officer
or other official as designated.
(2)
The administrative officer may enter any property for which
a permit has been applied for and/or issued under this section to
conduct an inspection to determine whether the conditions stated in
the permit have been met.
(3)
At the discretion of the Administrator and/or Township of Little
Falls Construction Office from which a zoning, building and/or electrical
permit was obtained, as applicable, the Township reserves the right
to require the applicant to obtain and submit an "as-built" survey
upon completion of the solar energy system evidencing the exact location
and height of the structures to ensure said installation is made in
accordance with the requirements of the Township of Little Falls.
(4)
The administrative officer may issue orders to abate any violation
of this section.
(5)
The administrative officer may issue a citation for any violation
of this section.
(6)
The administrative officer may refer any violation of this section
to legal counsel for enforcement.
N.
Violations.
(1)
It is unlawful for any person to construct, install, or operate
a solar energy system that is not in compliance with this section.
(2)
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in this
chapter and article.
(3)
Nothing in this section shall be construed to prevent the Township
Council and/or administrative officers of the Township of Little Falls
from using any other lawful means to enforce this section.
O.
Any solar energy systems installed prior to the adoption of this
section are exempt from the provisions of this section.
[Added 10-17-2016 by Ord.
No. 1246]
A small wind energy system shall be permitted as a conditional
use in all the zones in the Township of Little Falls in accordance
with the following standards:
A.
Residential zones:
(1)
Ground-mounted wind energy systems are not permitted in any
residential zones.
(2)
Roof-mounted wind energy systems, whose primary purpose is to
provide power for the principal use of the property whereon the said
system is to be located and shall not be for the generation of power
for commercial purposes for resale, can be located in residential
zones in accordance with the following:
(a)
The minimum distance between a roof-mounted wind energy system
and a property line shall be equal to or greater than the minimum
front, side or rear yard setback applicable to the main building.
(b)
The total height of the roof-mounted structure shall not exceed
five feet above the ridge of the roof. The said system shall not be
placed on top of any architectural features such as cupola, chimney
etc.
(c)
The wind energy system shall not be artificially lighted.
(d)
No portion of the roof-mounted wind energy system shall extend
beyond the edge of the building to which it is attached.
(3)
Small decorative wind turbines. Small wind turbines less than
one meter in diameter that use direct current solely for decorative
or yard lighting are exempt from the above-mentioned requirements.
B.
Nonresidential zones:
(1)
Minimum lot size. The minimum lot size for a small wind energy
system shall be five acres.
(2)
Setbacks. A wind tower for a small wind energy system shall
not be located within any front yard, easement or utility line and
shall maintain the setback of the underlying zone. No portion of the
wind generator shall extend beyond the setback line or into the following:
(3)
Pole-mounted wind towers shall not be higher than 25 feet from
existing grade.
(4)
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as to not provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
C.
Electrical wires. All wires associated with a small wind energy system,
other than wires necessary to connect the wind generator to the tower
wiring, the tower wiring to the disconnect junction box, and the grounding
wires, shall be located underground.
D.
Lighting. A wind tower and generator shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration,
and it is subject to Planning Board and Board of Adjustment approval
as part of the site plan process.
E.
Appearance, color and finish. The wind generator and tower shall
be nonobtrusive and shall be painted or finished so as to minimize
their visual impact on the surrounding landscape.
F.
Signs. All signs, other than the manufacturer's or installer's identification,
appropriate warning signs, or owner identification, on a wind generator,
tower building, or other structure associated with a small wind energy
system visible from any public road shall be prohibited. Small wind
energy systems shall not be used for displaying any advertising except
for small and reasonable identification of the manufacturer or operator
of the system. In no case shall any identification sign be visible
from a property line.
G.
Code compliance. A small wind energy system including tower shall
comply with all applicable construction and electrical codes and the
National Electrical Code.
H.
Utility notification and interconnection. Small wind energy systems
that connect to the electric utility shall comply with New Jersey's
Net Metering and Interconnection Standards for Class I Renewable Energy
Systems.
I.
Met towers shall be permitted under the same standards, permit requirements,
restoration requirements and permit procedures as a small wind energy
system.
J.
For wind speeds in the range of 0-25 miles per hour, the noise level
of any small wind energy system shall not: exceed 60 dBA measured
from any property line; or be in excess of 5 dBA above the background
noise, whichever is greater, as measured at the closest neighboring
inhabited dwelling. The measurement will be taken downwind of the
turbine to account for the canceling effect of the sound of the wind
itself. The provisions within this section shall not be applicable
to the increased sound levels during the occurrence of short-term
events such as storms and utility outages.
K.
Approval requirements.
(1)
Site plan approval. Site plan approval from the Planning Board
or Board of Adjustment, as appropriate, shall be required for the
installation of a small wind energy system.
(2)
Documents. The site plan application shall be accompanied by
a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property.
(b)
Location, dimensions and types of existing structures on the
property.
(c)
Location of the proposed small wind energy system.
(d)
The right-of-way of any public road that is contiguous with
the property.
(e)
Any overhead utility lines.
(f)
Small wind energy system specifications, including manufacturer
and model, rotor diameter, tower height and tower type.
(g)
Stamped, engineered tower and tower foundation drawings.
(h)
Noise levels of the proposed wind energy system at all property
lines and at the closest neighboring inhabited dwelling.
(i)
A visual site distance analysis must be submitted, including
all photos of the subject property, that graphically simulates the
appearance of any proposed small wind energy system and indicates
its view from at least five locations around and within one mile of
the proposed tower.
L.
Expiration. A permit issued for an application approved by the Planning
Board or Zoning Board of Adjustment, if appropriate, shall expire
if:
M.
Abandonment.
(1)
A small wind energy system that is out of service for a continuous
eighteen-month period will be deemed to have been abandoned.
(2)
The administrative officer may issue a notice of abandonment
to the owner of a small wind energy system that is deemed to have
been abandoned. The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
(4)
If the owner provides information that demonstrates the small
wind energy system has not been abandoned, the administrative officer
shall withdraw the notice of abandonment and notify the owner that
the notice has been withdrawn.
(5)
If the administrative officer determines that the small wind
energy system has been abandoned, the owner of the small wind energy
system shall remove the wind generator from the tower at the owner's
sole expense within six months after the owner receives the notice
of abandonment.
N.
Violations. It is unlawful for any person to construct, install,
or operate a small wind energy system that is not in compliance with
this section.
O.
Administration and enforcement.
(1)
This section shall be administered by the administrative officer
or other official as designated.
(2)
The administrative officer may enter any property for which
a permit has been issued under this section to conduct an inspection
to determine whether the conditions stated in the permit have been
met.
(3)
The administrative officer may issue orders to abate any violation
of this section.
(4)
The administrative officer may issue a citation for any violation
of this section.
(5)
The administrative officer may refer any violation of this section
to legal counsel for enforcement.
P.
Penalties.
(1)
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in chapter
and section of the appropriate zoning code.
(2)
Nothing in this section shall be construed to prevent the appropriate
Township of Little Falls Board from using any other lawful means to
enforce this section.
Q.
Severability. The provisions of this section are severable, and the
invalidity of any section, subdivision, paragraph, or other part of
this section shall not affect the validity or effectiveness of the
remainder of the section.
Approvals granted by the Planning Board shall
expire within the times provided in the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).
