Township of West Amwell, NJ Conditional Use Requirements

[Amended 11-23-2011 by Ord. No. 17-2011; 11-18-2015 by Ord. No. 10-2015]

Utility uses, as defined by New Jersey state statute (N.J.S.A. 48:2-13), such as pumping stations, high-voltage transmission lines and towers, electric substations, telephone exchanges and telephone repeater stations, but not service or storage yards, may be permitted in any zone, provided that:

A set of plans, specifications and plot plans and a statement setting forth the need and purpose of the installation are filed with the board of jurisdiction by the applicant in triplicate.

Proof is furnished to the board of jurisdiction that the proposed installation in the specific location is necessary and convenient for the efficiency of the utility system or the satisfactory and convenient provision of service by the utility to the neighborhood in which the particular use is to be located.

Above-ground utility facilities shall not occupy any area beyond the required principal building setbacks for the zone in which the utility is located. Setback requirements shall be equal to the principal building setback in the zone or the minimum vegetated visual and security buffer requirement, whichever is greater. A minimum fifty-foot-wide vegetated visual screen shall separate above-ground utility facilities from properties in residential zone districts, a minimum thirty-foot-wide visual screen shall separate such facilities from public roads, and a twenty-foot-wide visual screen shall separate such facilities from properties in a nonresidential zone district.

Above-ground utility facilities and structures shall be visibly screened from the public traveled way (public roads, trails, navigable waterways, scenic highways and by-ways), open space, preserved farmland, publicly owned properties and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.

(1)

To the extent achievable, above-ground utility facilities and structures shall be sited using the natural topography to screen the utility from public view and the view of any adjoining residences.

(2)

If the utility is adjacent and contiguous to a permanently preserved farm, open space and/or public access easements, it shall buffer the farm, open space and/or easements from view.

(3)

Standard screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate to the satisfaction of the board of jurisdiction that the proposed screening provides a visual screen of the utility from neighboring properties. Additional screening may be needed to meet this requirement as determined by the board of jurisdiction.

(4)

A barrier shall be installed behind the required screen which shall:

(a)

Secure the facility at all times.

(b)

Restrict access to all electrical wiring that may be readily accessible.

(c)

All control equipment shall be labeled and secured to prevent unauthorized access.

(d)

Conform to the Uniform Construction Code and other applicable standards.

(e)

One or more access gates to the facility shall be provided. Each access gate shall include a sign identifying the property owner as well as responsible parties for operation of the utility facilities and structures; for maintenance of the facility; and for maintenance of the visual screen, landscaping and security fence. Contact information for all of the above responsible parties shall be provided on each access gate sign.

(f)

With the exception of signs identifying the utility operator, no signs shall be posted on a utility facility or any associated building, structures, or fencing, with the exception of access gate signs, appropriate warning signs, and manufacturer's or installer's identification.

(g)

All transformers and high-voltage equipment shall be situated within a compound, which shall be enclosed within a security fence and access gate, which shall remain locked at all times. If appropriate, the entire facility shall be enclosed within a security fence and access gate.

(h)

The height of security fences and access gates shall not exceed eight feet. Barbed-wire fences are not permitted, except in cases where it is demonstrated to the satisfaction of the board of jurisdiction that barbed-wire fencing is required for security purposes. In such cases, the total height of the fence and access gates, including barbed wire, shall not exceed eight feet. Approval of barbed-wire fencing for utility facilities is at the discretion of the board of jurisdiction.

A maintenance plan shall be submitted by the applicant for the continuing maintenance of all required plantings, including a schedule of specific maintenance activities to be conducted. A maintenance plan narrative shall also be included on the site plans in note form. Maintenance of the required landscaping and fencing shall be a continuing condition of any approval that may be granted. A cost estimate for required plantings shall be presented as part of any application, and a five-year maintenance bond approved by the Township Engineer shall be a condition of approval. The maintenance plan shall be environmentally responsible.

All ground areas occupied by a utility that are not utilized for access to operate and maintain the installation shall be planted and maintained with shade-tolerant grasses for the purpose of soil erosion control and soil stabilization.

(1)

A seed mixture of native, noninvasive, shade-tolerant grasses shall be utilized and specified in a landscaping plan that shall be provided.

(2)

If it can be demonstrated by the applicant that an alternative vegetative ground cover consisting of a seed mix of native, noninvasive plant species and nonnative, noninvasive, shade-tolerant species shall be accepted for soil erosion control and soil stabilization, and the alternative can be better sustained over the life of the facility, the reviewing board may approve such an alternative to the requirement for native, noninvasive, shade-tolerant grasses or mix of grasses.

(3)

To the extent possible, roadways within the site shall not be constructed of impervious materials in order to minimize the amount of soil compaction. Roadways shall be constructed to the minimal extent possible.

(4)

The bed and banks of existing drainage ditches, brooks, streams and drainage swales shall be maintained in their natural condition, except where soil erosion is evident in these features due to a lack of suitable stabilized vegetation. The board of jurisdiction may require such areas to be planted and stabilized in accordance with the recommendations found in Chapter 8, Restoration Design, of the publication entitled "Stream Corridor Restoration, Principles, Processes and Practices, 10/98, published version, revised 8/2001," prepared by the Natural Resource Conservation Service and available at www.nrcs.usda.gov/technical/stream_restoration/newtofc.htm.

(5)

The components of this plan may be combined with the requirements of the grading and drainage plan. See Subsection G below.

The required landscaping plan shall include the provision of adequate and appropriate drainage features, which shall be designed such that site grading and construction maximizes the natural drainage patterns of stormwater originating within the property boundaries and beyond property boundaries. If grading is proposed, then a grading and drainage plan shall be submitted, which shall demonstrate that the project is in compliance with the Township's Stormwater Ordinance and other applicable state standards.

(1)

A grading and drainage plan, including a soil erosion, a soil stabilization and a soil grading plan, shall be submitted under the seal of a licensed professional engineer prior to any permits being issued. The plan shall adequately demonstrate to the board of jurisdiction's engineer that no stormwater runoff or natural water shall be diverted as to overload existing drainage systems or create flooding. Such plan shall also address the need for additional drainage structures on other private properties or public lands.

(2)

The grading and drainage plan shall show, among other things:

(a)

All existing and proposed natural and artificial drainage courses and other features for the control of drainage, erosion, and water generally;

(b)

The calculated volume of water runoff from the slope and from the lot in question, as proposed to be improved; the existence of all natural and artificial drainage courses and facilities within 500 feet of the lot, which are or will be used to carry or contain the runoff from the slope and the lot; and

(c)

The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water runoff.

(3)

Calculations shall be provided to adequately demonstrate that existing preconstruction stormwater drainage velocities shall not be exceeded in the post-development condition.

(4)

The use of stone shall not be permitted for soil erosion control and soil stabilization unless as part of an overall plan approved by the board of jurisdiction.

In addition to those items required for an application to be deemed complete, a site plan application shall depict the following:

(1)

Location, dimensions, and types of existing structures on the property.

(2)

Location of proposed and existing overhead and underground utility and transmission lines.

(3)

Location of any proposed or existing substations, inverters or transformers.

(4)

In the case of electrical facilities, a description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user. This description shall also address the ability to disconnect the system in the event of an emergency or maintenance.

(5)

Description of shielding of any electric equipment to prevent interference of radio or television reception at the property line.

(6)

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

(7)

Location and condition of existing hedgerows and vegetated windbreaks.

(8)

A description of any lighting and its impact on neighboring residences and properties.

(9)

A construction plan to include a description of on-site construction.

An as-built plan shall be provided prior to activation.

Utility facilities shall be designed to comply with either of the following standards for sound emission:

(1)

The sound level shall not exceed 40 dBA when measured at any point on the property line of the utility; or

(2)

The sound level shall not exceed the ambient sound levels measured at locations at the property line of the utility that reasonably represent current or potential off-site sensitive receptors in accordance with the following requirements:

(a)

Ambient sound-level measurements shall be made with an octave-band sound-level meter during daylight hours for periods of at least 1/2 hour and on three separate occasions, a minimum of four hours apart, representing morning, midday and evening, at least one of which shall be during a non-rush hour. The meter shall be set for slow response with a one-second sampling interval; and

(b)

The data reported for each occasion shall be the octave band-values (31.5 Hz to 8,000 Hz) from the one-second sample that represents the L90 or Lmin broadband value ("unweighted" or "flat" response, e.g., dBZ).

Any disturbance of wooded or forested areas shall be in compliance with the West Amwell Woodlands Protection Ordinance (§ 109-264).

Except pursuant to a permit issued by the New Jersey Department of Environmental Protection (NJDEP), no portion of utility facilities and structures shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas. Buffer maintenance shall be consistent with the West Amwell Stream Corridor Protection Ordinance (§ 109-146).

§ 109-95 Wireless telecommunications facilities.

Wireless telecommunications facilities (WTF) and wireless telecommunications equipment facilities (WTEF) shall be considered conditional uses in all zones and shall be permitted as a second use on a lot.

Antennas may be located on any existing structure (building, barn, silo, steeple, etc.) which is permitted in the zone. Such antennas shall not exceed 10 feet above the highest point of the structure and shall be designed to blend with that structure. Any associated equipment should be contained either directly within that structure, within another existing ancillary structure, or within a new structure designed to simulate an accessory building to the principal use on the site and subject to the zone regulations for an accessory structure. Antennas located on such existing structures need not comply with Subsection C(1), (2) [except Subsection C(2)(b)], (3), (4) or (5) below.

Wireless telecommunications towers, including their associated antennas, shall be permitted if they meet the following conditions:

(1)

Lot size: 10 acres.

(2)

Height standards.

(a)

Maximum height of wireless telecommunications tower (exclusive of lightning rod): 140 feet.

(b)

Maximum height of attached: shall not exceed 10 feet above the highest point of the structure.

(c)

Maximum height of WTEFs: maximum height allowed in zone for accessory structures.

(3)

Setback standards. The following setback requirements shall apply to all towers for which a variance or conditional use permit is required:

(a)

Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all nonappurtenant buildings or the zoning district setback requirements, whichever is greater.

(b)

WTEFs must satisfy the minimum zoning district setback requirements.

(c)

No tower shall exist within required buffer areas or conservation easement areas in any zone. Further, no WTF or WTEF shall exist within any easement subject to conservation, open space, or historical restrictions under the NJDEP Green Acres Program, or upon any portion of land subject to an agriculture development easement.

(4)

Separation from off-site uses/designated areas. The following separation requirements shall apply to all towers and antennas for which a variance or conditional use permit is required:

(a)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(b)

Separation requirements for towers shall comply with the minimum standards established in Table 1.

	Table 1
	Off-Site Use/Designated Area	Separation Distance
	Base of tower to:
	Existing residences, public parks and buildings, public or private schools, municipal buildings, libraries, houses of worship, land subject to a Green Acres easement, land subject to an agricultural development	500 feet or 300% of the height of the tower, whichever is greater
	Any site designated on the National and/or State Register of Historic Places	2,500 feet
	Vacant residentially zoned land	500 feet or 300% of the height of the tower, whichever is greater

(5)

Security fencing. WTFs and WTEFs shall be surrounded a security fence. The security fence shall be eight feet high. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access.

(6)

Visual screening. In addition to security fencing, plant materials or earthwork shall be provided along the outside perimeter of the security fence to provide a continuous visual screen or buffer for adjoining properties and rights-of-way.

(7)

Area of WTEF. The cabinet or structure of a WTEF shall not contain more than 2,000 square feet. If the WTEFs are located on the roof of a building, the area of the WTEF shall not occupy more than 25% of the roof area.

(8)

Signs. A sign shall identify the property owner as well as responsible parties for operation of the WTF or WTEF; for maintenance of the facility; and for maintenance of the visual screen, landscaping and security fence. Contact information for all of the above responsible parties shall be provided. Additional signs shall not be permitted, except for required signs displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any WTF or WTEF.

(9)

Lighting. No lighting is permitted, except as follows:

(a)

WTEFs may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward, and is on timing devices and/or motion sensors so that the light is turned off when not needed for safety or security purposes.

(b)

No lighting is permitted on a WTF except what may be required by the FAA.

(10)

Monopole. Any proposed new telecommunications tower shall be a monopole, unless the applicant can demonstrate that a different type of pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.

(11)

Location priority. WTFs should be located to minimize the number of facilities needed in the community, while ensuring effective and efficient telecommunications services; to encourage the use of existing buildings and structures to the maximum extent possible; to minimize the visual impact through careful siting, design, landscaping, screening and innovative camouflaging techniques, to make the facility compatible with the neighboring residences and the character of the community as a whole. Facilities should be placed to ensure that historic and architecturally significant areas, buildings and structures and significant view-, land-, and streetscapes are not visually impaired.

(12)

Noise. No equipment shall be operated so as to produce noise that would be a nuisance as per the West Amwell Nuisance Code, Chapter 166.

(13)

Parking. Parking shall be supplied as needed, not to exceed three spaces.

(14)

Maintenance. WTFs and WTEFs shall be maintained to assure their continued structural integrity, and the site shall be maintained so as to not create a visual nuisance.

(15)

Color. WTFs shall be of a color appropriate in the context of the tower's location and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

(16)

Expert testimony. Expert testimony must be presented, to include the following:

(a)

Demonstrate need for a WTF at the proposed location. Such evidence shall describe in detail the wireless telecommunications network layout and its coverage area requirements and the need for new wireless telecommunications facilities at this specific location within the Township.

(b)

Report from a qualified expert certifying that the WTF will comply with the structural and wind-loading requirements as set forth in the International Building Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

(c)

Proof that the applicant has exercised its best efforts to locate the wireless telecommunications antennas on an existing building or structure rather than on the proposed tower. Evidence demonstrating that no existing, tower or building or structure can accommodate the provider's proposed antenna may consist of any of the following:

[1]

No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.

[2]

Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements.

[3]

The provider's proposed antenna would cause electromagnetic interference with antennas on existing towers or structures or the antennas on the existing towers or structures would cause interference with the provider's proposed WTF.

[4]

The fees, cost, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.

[5]

The provider demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

(d)

Provision of the location of all existing communication towers and other structures over 35 feet in height within the applicant's search area; and provision of competent testimony by a radio frequency engineer regarding the suitability of each location so identified.

(e)

Where a suitable location on an existing structure or tower is found to exist, but the applicant is unable to secure an agreement to collocate its equipment on such tower or other structure, the applicant shall provide sufficient written evidence of its attempts to collocate.

(f)

Proof that the applicant has exercised its best efforts to site its WTF on an existing building or structure prior to the consideration of a tower location. Such information shall include but not be limited to a list of the structures over 35 feet, including block and lot numbers and locations; the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreements; and copies of all correspondence from and between the provider and the property owner.

(g)

Applicants for new WTFs shall demonstrate that there is adequate ability for future expansion of the tower and facilities to accommodate future collocations to the maximum height of 140 feet.

Abandonment. Any wireless telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of such facility shall remove it within 90 days of notice from the Zoning Officer that the facility is abandoned. If such facility is not removed within 90 days, the Township may remove such facility at the owner's expense. If the facility is to be retained, the provider shall establish that the facility will be reused within one year after such abandonment. If the facility is not reused within one year, the facility shall be removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.

§ 109-96 Riding academy.

A riding academy may be permitted, subject to the following conditions.

A lot area of not less than 15 acres shall be required.

Accessory dwellings and farm buildings shall be permitted.

No more than one horse per acre shall be permitted.

Four horse shows shall be permitted each year. Additional shows require Township Committee approval.

All structures, parking and loading areas and other facilities shall be set back a minimum of 150 feet from the front property line and 150 feet from side and rear property lot lines, only if the adjacent properties are located within a residential zone district. Otherwise, the setback for the side and rear lot lines shall be 50 feet, or located within the building setbacks for the zoning district, whichever is greater.

There must be proof of a waste disposal and a management program certified acceptable by the County Health Department or local Board of Health or other appropriate jurisdiction. No storage of manure or other odor-producing materials shall be permitted within 100 feet of a property line.

§ 109-97 Bed-and-breakfast.

The use and occupancy of a detached dwelling may be permitted for accommodating transient guests for rent, subject to the following conditions:

No more than six guest rooms may be permitted. No more than two adults and two children may occupy one guest room.

The minimum lot size for the guest house use shall be twice the minimum required for the zone in which it is located.

The bed-and-breakfast guest house must maintain a residential appearance.

The use shall be carried on primarily by members of the immediate family, who must reside on the premises. Nonresident employees shall be limited to two in addition to the resident members of the family.

There shall be no separate kitchen or cooking facilities in any guest room. Food shall be served only to guests on the premises.

The maximum uninterrupted length of stay at a guest house shall be 14 days.

The use of any amenities provided by the guest house, such as a swimming pool or tennis courts, shall be restricted in use to guests of the establishment.

There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which meets the regulations for signs set forth in this chapter.

The applicant shall demonstrate to the satisfaction of the Board of Health that private well and septic are adequate to serve the maximum number of guests which could be housed at the facility at any one time. Septic designs must be consistent with the Township's wastewater management plan.

A sufficient number of off-street parking spaces, as determined by the Board, must be provided. One parking space shall be provided for each guest room.

Parking areas shall be screened with landscape buffers to shield off-site residences.

§ 109-98 Contractor's yard or facility.

A contractor's yard or facility may be permitted, subject to the following conditions:

A minimum lot area of six acres shall be required.

No power equipment, such as gas or electric lawn mowers and farm implements, may be sold at wholesale or retail, other than incidental sales.

No equipment or vehicles shall be stored within the front yard.

All structures, facilities, and parking and loading areas shall be set back a minimum of 100 feet from the front property line and 100 feet from the side and rear property lot lines, only if the adjacent properties are located within a residential zone district. Otherwise, the setback for the side and rear lot lines shall be 50 feet or located within the building setbacks for the zoning district, whichever is greater.

Frontage and access to the landscape contracting use shall be limited to any paved public road.

A landscaped buffer yard of 20 feet in width shall be required along rear and side yard lot lines of the site only if the rear and side yard lots abut properties in a residential zone district.

§ 109-99 Schools, public and private.

Schools may be permitted, subject to the following conditions:

All schools located in a residential zone shall have a minimum lot requirement of five acres.

Schools may exceed the height limitations of this chapter, provided that no building shall have a height of greater than 50 feet, and further provided that such uses shall increase the front, rear and side yards one foot for each foot by which the building exceeds the height limit for the zone in which it is located.

Schools shall be located on a collector road, as designated in the Township Master Plan.

Sufficient off-street parking shall be provided, pursuant to the improvement standards section. All parking and loading areas shall be a minimum of 50 feet from all property lines or located within the building setbacks for the zoning district, whichever is greater.

Active outdoor recreation facilities shall be a minimum of 200 feet from rear or side lot lines or located within the building setbacks for the zoning district, whichever is greater.

A minimum twenty-five-foot-wide vegetated screen shall be provided to screen outdoor or recreation areas from properties in residential zone districts so as to protect adjacent residential homes or zones from inappropriate noise and other disturbances.

Each side and rear yard setback shall be a minimum of 75 feet or the building setbacks for the zoning district, whichever is greater.

Front yard setbacks shall be a minimum of 100 feet or the building setbacks for the zoning district, whichever is greater.

A buffer strip shall be provided between parking areas, buildings or facilities and adjacent lot lines in accordance with the design standards section.

Lighting shall be oriented away from any residential lots, and/or shielded so as to reduce intrusion of light into such properties.

§ 109-100 Motor fuel service station.

A motor fuel service station, whether on its own or in combination with a convenience store and/or car wash, may be permitted, subject to the following conditions:

A set of plans, specifications and plot plans, in triplicate, is filed with the Planning Board showing in detail the exact location of such motor fuel service station, the number of storage tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below the ground, the number of gas pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles to be garaged.

A motor fuel service station, with or without a convenience store and/or car wash, must be at least 500 feet from the boundary of a residential zone within West Amwell, measured from the closest boundary to the nearest point of the motor fuel service station (building, canopy or uncovered pump island).

The lot or parcel to be used solely for a motor fuel service station shall meet the lot size and frontage requirements of the zone in which it is located. The lot or parcel to be used for both a motor fuel service station and a convenience store shall have a minimum lot size at least 25% larger than that required in the zone.

Any buildings associated with the motor fuel service station, pumps, and pump islands shall be set back at least 50 feet from property lot lines. Canopies shall be set back at least 35 feet from the property lines. Any building or structure associated with the convenience store shall meet the setback requirements of the zone in which it is located.

Corner lots shall have a curb radius of at least 25 feet, and access to roads shall be at least 100 feet from the intersection of any streets.

All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other appropriate vegetation.

Any auto repair work shall take place within a building, and all repair or service apparatus shall be located within that building.

There shall be no outdoor storage of any goods or supplies, nor shall there be outdoor display of goods for sale.

Floor drains for any building within which auto repairs may take place shall not be connected to any sanitary sewer system or storm drain but do have to comply with the Uniform Construction Code.

All fuel storage tanks shall be at least 40 feet from any property line. Where the possibility of contamination of underground water resources exists, the Board may require precautions against leakage and seepage in accordance with DEP and Uniform Construction Code requirements.

The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, traffic safety, considering the location and configuration of the lot in question.

The following are specifically prohibited at a motor fuel service station or a motor fuel service station with convenience store and/or car wash:

(1)

Storage of junk vehicles.

(2)

The sale or rental of automobiles, trucks, trailers, or other vehicles.

(3)

Outside eating and sitting areas.

(4)

Drive-through window service.

§ 109-101 Day-care, children and adult.

A day-care may be permitted, subject to the following conditions:

The minimum lot size shall be one acre or twice the minimum lot size for the zone in which this use is located, whichever is greater.

A maximum of 20 children shall be permitted for child-care centers or preschools in residential zones; in other zones, size shall be controlled by the state child-care facility licensing board. The maximum size of the facility shall be limited to that permitted under NJDEP regulations for individual subsurface septic systems. Septic designs must be consistent with the Township's wastewater management plan.

Outdoor active recreation areas shall be a minimum of 75 feet from all property lines and shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances. A minimum fifteen-foot vegetation screen shall be provided to screen any nearby properties located in residential zone districts.

A site plan which indicates that there will be an adequate and safe dropoff area must be provided.

A copy of all required licenses and certificates shall be filed with the Township Clerk.

§ 109-102 Hotels and motels.

Hotels and motels shall be conditional uses in the zones specified and shall adhere to the following:

The lot on which a hotel or motel is located shall not be less than 10 acres.

Buildings shall be set back a minimum of 100 feet from exterior property lot lines or located within the building setbacks for the zoning district, whichever is greater.

No building shall exceed 40 feet in height.

Lot coverage shall not exceed that permitted in the zone district in which the hotel or motel is to be located.

The maximum size of the facility shall be limited to that permitted under NJDEP regulations for individual subsurface septic systems. Septic designs must be consistent with the Township's wastewater management plan.

There shall be no separate kitchen or cooking facilities permitted in hotel and motel rooms.

§ 109-103 Multifamily housing.

Multifamily residential uses are a conditional use in the zones specified and shall adhere to the following:

Multifamily residential uses shall be permitted as part of a mixed-use development and shall be located on the second floor of any nonresidential building.

The number of units permitted on each site shall be limited to the maximum permitted under NJDEP regulations for individual subsurface septic systems. Septic designs must be consistent with the Township's wastewater management plan. Parking for the residential units shall be in accordance with the RSIS.

No building shall be permitted to exceed the maximum building height of the zone.

Lot coverage requirements of the zone shall be complied with. Where the existing development already exceeds the permitted lot coverage, the creation of residential-over-commercial dwelling units shall not be permitted to increase the coverage any further.

All units shall be one bedroom for developments up to five total units.

Where more than five units are proposed, at least 50% shall be one bedroom, and no unit shall have more than three bedrooms.

Additions to buildings in order to provide housing units shall not extend beyond the first floor, except for architectural projections as may be permitted elsewhere in this Part 4, Zoning, balconies and stairways or where said projection will conform to the required building setback of the zone.

Where completely new construction is proposed, all setbacks shall conform to the appropriate zoning regulations.

§ 109-104 Houses of worship.

[Amended 2-17-2021 by Ord. No. 02-2021]

Houses of worship are conditional use in the zones specified and shall adhere to the following:

The minimum lot size shall be five acres, of which at least four contiguous acres shall be buildable.

Principal or accessory buildings shall be located no less than 75 feet from any front, side or rear property line or within the building setbacks for the zoning district, whichever is greater.

Maximum lot coverage shall be 35%.

§ 109-105 Solar energy systems and wind energy systems.

Solar, conditional use standards. All major solar or photovoltaic energy facilities or structure installations shall comply with all applicable state and federal laws and regulations and shall also comply with the following standards. Preliminary and final site plan approval shall be obtained prior to obtaining a zoning permit.

(1)

Minimum lot size: five acres per megawatt of production; ten-acre minimum. In the LI Zone, the twenty-acre minimum lot size does not apply for conditional use standards. Solar installations on preserved and commercial farmland shall be subject to the State Agriculture Development Committee (SADC) regulations.

(2)

No soil shall be removed from any site upon which major solar or photovoltaic energy facilities and structures or other necessary equipment required for the solar facility are constructed as per the West Amwell Township Soil Removal Ordinance (Chapter 138, §§ 138-1 to 138-6). Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads and for construction of inverter and switching equipment pads.

(3)

Except pursuant to a permit issued by the New Jersey Department of Environmental Protection (NJDEP), no portion of major solar or photovoltaic energy facilities and structures shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas. Buffer maintenance shall be consistent with the West Amwell Stream Corridor Protection Ordinance (§ 109-146).

(4)

Major solar or photovoltaic energy facilities and structures shall not occupy any area beyond the required principal building setbacks for the zone in which the facility is located, exclusive of poles for interconnection of the facility to the electrical grid. Setback requirements shall be equal to the principal building setback in the zone or the minimum vegetated visual and security buffer requirement, whichever is greater. A minimum fifty-foot-wide vegetated visual screen shall separate solar or photovoltaic facilities from properties in residential zone districts, a minimum thirty-foot-wide visual screen shall separate such facilities from public roads, and a twenty-foot-wide visual screen shall separate such facilities from properties in a nonresidential zone district.

(5)

Major solar or photovoltaic energy facilities and structures shall be visibly screened from the public traveled way (public roads, trails, navigable waterways, scenic highways and by-ways), open space, preserved farmland, publicly owned properties and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.

(a)

To the extent achievable, solar or photovoltaic energy facilities and structures shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.

(b)

If the property is adjacent and contiguous to a permanently preserved farm, open space and/or public access easements, it shall buffer the farm, open space and/or easements from view.

(c)

The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the Planning Board or Zoning Board, whichever has jurisdiction, that the proposed screening provides a visual screen of the facility from neighboring properties. Additional screening may be needed to meet this requirement, as determined by the board of jurisdiction.

[1]

Screening shall consist of a combination of native plantings, to the extent possible. Alternately, an earthen berm may be employed if existing vegetated screening and native plantings will not suffice to provide the necessary buffer and maintain the rural character of the Township. The need for and location of vegetative screens includes the identification of appropriate species and varieties of vegetation to ensure that there is adequate visual screening throughout the year.

[2]

The landscaping plantings shall be designed for enhancing the quality of the soil and the ability of the land to absorb rainwater.

[3]

Landscaping shall be limited, to the extent possible, to native species of deciduous and coniferous trees and shrubs that are indigenous to the area, as listed in the Natural Resource Inventory, and shall not include invasive species as listed in the Natural Resource Inventory of West Amwell Township. Such plantings shall be depicted on a plan prepared by a licensed professional. The applicant shall rely upon existing vegetation, including existing hedgerows or windbreaks that provide screening, to the maximum extent practical. The appropriate height or caliper of the vegetation to be planted shall ensure that there is a 75% screening of the solar energy generation facilities within five years of completing the installation of the facilities. A photo-simulated exhibit depicting screening at key locations at the projected five-year period shall be required.

[4]

A barrier shall be installed behind the required screen which shall:

[a]

Secure the facility at all times.

[b]

Restrict access to all electrical wiring that may be readily accessible.

[c]

All electrical control equipment shall be labeled and secured to prevent unauthorized access.

[d]

Conform to the Uniform Construction Code and other applicable standards.

[e]

One or more access gates to the facility shall be provided. Each access gate shall include a sign identifying the property owner as well as responsible parties for operation of the major solar and photovoltaic energy facilities and structures; for maintenance of the facility; and for maintenance of the visual screen, landscaping and security fence. Contact information for all of the above responsible parties shall be provided on each access gate sign.

[f]

No signs shall be posted on a solar facility or any associated building, structures, or fencing, with the exception of access gate signs, appropriate warning signs, and manufacturer's or installer's identification.

[g]

[h]

The height of security fences and access gates shall not exceed eight feet. Barbed-wire fences are not permitted, except in cases where it is demonstrated to the satisfaction of the board of jurisdiction that barbed-wire fencing is required for security purposes. In such cases, the total height of the fence and access gates, including barbed-wire, shall not exceed eight feet. Approval of barbed-wire fencing for solar facilities is at the discretion of the board of jurisdiction.

(6)

(7)

All ground areas occupied by a major solar or photovoltaic energy facility or structure installation that are not utilized for access to operate and maintain the installation shall be planted and maintained with shade-tolerant grasses for the purpose of soil erosion control and soil stabilization.

(a)

A seed mixture of native, noninvasive, shade-tolerant grasses shall be utilized and specified in a landscaping plan that shall be provided.

(b)

(c)

(d)

The bed and banks of existing drainage ditches, brooks, streams and drainage swales shall be maintained in their natural condition, except where soil erosion is evident in these features due to a lack of suitable stabilized vegetation. The board of jurisdiction may require such areas to be planted and stabilized in accordance with the recommendations found in Chapter 8, Restoration Design, of the publication entitled "Stream Corridor Restoration, Principles, Processes and Practices, 10/98 published version, revised 8/2001," prepared by the Natural Resource Conservation Service and available at www.nrcs.usda.gov/technical/stream_restoration/newtofc.htm.

(e)

The components of this plan may be combined with the requirements of the grading and drainage plan. See Subsection A(8) below.

(8)

(a)

A grading and drainage plan, including a soil erosion, a soil stabilization and a soil grading plan shall be submitted under the seal of a licensed professional engineer prior to any permits being issued. The plan shall adequately demonstrate to the board of jurisdiction's engineer that no stormwater runoff or natural water shall be diverted as to overload existing drainage systems or create flooding. Such plan shall also address the need for additional drainage structures on other private properties or public lands.

(b)

The grading and drainage plan shall show, among other things:

[1]

All existing and proposed natural and artificial drainagecourses and other features for the control of drainage, erosion, and water generally;

[2]

The calculated volume of water runoff from the slope and from the lot in question, as proposed to be improved; the existence of all natural and artificial drainagecourses and facilities within 500 feet of the lot, which are or will be used to carry or contain the runoff from the slope and the lot; and

[3]

The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water runoff.

(c)

Calculations shall be provided to adequately demonstrate that existing preconstruction stormwater drainage velocities shall not be exceeded in the post-development condition.

(d)

The use of stone shall not be permitted for soil erosion control and soil stabilization unless as part of an overall plan approved by the board of jurisdiction.

(9)

In addition to those items required for an application to be deemed complete, a site plan application shall depict the following:

(a)

Location, dimensions, and types of existing structures on the property.

(b)

Location of proposed and existing overhead and underground utility and transmission lines.

(c)

Location of any proposed or existing substations, inverters or transformers.

(d)

Details of solar panels and arrays. Cadmium telluride solar panels shall not be permitted due to the highly carcinogenic nature of cadmium and the possible detrimental effects on children, wildlife, water supplies and the environment.

(e)

Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user. This description shall also address the ability to disconnect the system in the event of an emergency or maintenance.

(f)

Description of shielding of any electric equipment to prevent interference of radio or television reception at the property line.

(g)

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

(h)

For projects over 2MW, the location and elevations of all transmission lines, support structures and attachments to a substation(s).

(i)

Location and condition of existing hedgerows and vegetated windbreaks.

(j)

A description of any lighting and its impact on neighboring residences and properties.

(k)

A construction plan, to include but not limited to mounting techniques and a description of on-site construction.

(l)

A description of glare on neighboring properties and residences.

(10)

An as-built plan shall be provided prior to activation.

(11)

Permitted height. The maximum permitted vertical height above ground for solar and photovoltaic energy panels shall be 15 feet.

(12)

The use of lead-acid batteries shall not be permitted in major solar energy systems and facilities, except as standby power supplies for control systems.

(13)

Solar energy generation facilities shall be designed to comply with either of the following standards for sound emission:

(a)

The sound level shall not exceed 40 dBA when measured at any point on the property line of the solar facility; or

(b)

The sound level shall not exceed the ambient sound levels measured at locations at the property line of the solar facility that reasonably represent current or potential off-site sensitive receptors in accordance with the following requirements:

[1]

Ambient sound level measurements shall be made with an octave-band sound-level meter during daylight hours for periods of at least 1/2 hour and on three separate occasions, a minimum of four hours apart, representing morning, midday and evening, at least one of which shall be during a non-rush hour. The meter shall be set for slow response with a one-second sampling interval; and

[2]

The data reported for each occasion shall be the octave-band values (31.5 Hz to 8,000 Hz) from the one-second sample that represents the L90 or Lmin broadband value ("unweighted" or "flat" response, e.g., dBZ).

(14)

Any disturbance of wooded or forested areas shall be in compliance with the West Amwell Woodlands Protection Ordinance (§ 109-264).

(15)

All applications for a major solar facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this section. The decommissioning plan shall also be documented on the site plans in note form. Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the West Amwell Township Construction Official. Disconnection of solar energy systems shall be supervised by an electrician licensed in the State of New Jersey. The Zoning Official shall be responsible for compliance with the decommissioning plan.

(a)

Solar and photovoltaic energy facilities and structures which have not been in active and continuous service for a period of 18 months shall be removed from the property to a place of safe and legal disposal in accordance with a decommissioning plan.

(b)

If the applicant ceases operation of the energy project for 18 months, or begins, but does not complete, construction of the project within 18 months of receipt of final site plan approval, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without significant delay, including but not limited to the following:

[1]

Removal of above-ground and underground equipment, structures and foundations. The plan shall describe the means by which all equipment and components of the system(s) shall be disposed of in an environmentally responsible manner and in accordance with prevailing federal, state and local regulations.

[2]

Restoration of the surface grade and soil after removal of above-ground structures and equipment.

[3]

Revegetation of restored soil areas with native seed mixes, plant species suitable to the area, which shall not include any invasive species. In farmland areas, the revegetation component of the decommissioning plan may include provisions to resume agricultural use of the site.

[4]

The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration. The decommissioning of all solar energy generation facilities shall be done in accordance with a conservation plan designed to address the impacts of the decommissioning process.

[5]

The plan must include a timeline for completion of site restoration work.

(c)

Upon cessation of activity for a cumulative period of 18 months of construction or installation activities of an approved major solar or photovoltaic energy system, the Township may notify the owner and/or the operator of the facility to complete construction and installation of the facility. If the owner and/or operator fails to complete construction and installation activities within 180 additional days, the Township may order the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or or operator shall substantially complete all activities in the decommissioning plan.

(d)

Upon cessation of activity of a fully constructed major solar or photovoltaic energy system for a cumulative period of one year, the Township may notify the owner and/or the operator of the facility to implement the decommissioning plan. The Township Zoning Official shall be responsible for enforcement.

(e)

If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth is Subsections A(15)(b) and (c) above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this section, the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the defaulted operator and/or the property owner. The costs incurred by the municipality shall be assessed against the property, shall become a lien and tax upon the said property, shall be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

Wind, conditional use standards. All wind energy systems, facilities or structure installations shall comply with all applicable state and federal laws and regulations and shall also comply with the following standards:

(1)

A small wind energy system shall be set back from the nearest property boundary a distance at least equal to 150% of the system height. The minimum lot size for freestanding wind energy systems shall be 10 acres; there is no minimum lot size for roof-mounted systems.

(2)

The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(3)

A small wind energy system, including tower, shall comply with all applicable construction and electrical codes and the National Electrical Code.

(4)

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.

(5)

Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a wind energy system.

(6)

The noise level of any small wind energy system shall not exceed 55 decibels, as measured at the closest property line. These levels may be exceeded during short-term events such as severe windstorms.

(7)

The wind generator and the tower shall remain painted in the color that was originally applied by the manufacturer, unless a different color is approved by the board of jurisdiction.

(8)

Maximum height:

(a)

Rooftop wind turbines shall not exceed a height of 10 feet from the peak of the roof.

(b)

System height of freestanding wind turbines shall be as high as necessary to capture the wind energy resource but shall not exceed 140 feet.

(9)

Any disturbance of wooded or forested areas shall be in compliance with the West Amwell Woodlands Protection Ordinance (§ 109-264).

(10)

Permit requirements for a small wind energy system:

(a)

Site plan approval from the Planning Board or Board of Adjustment, as appropriate, shall be required for the installation of a wind energy system.

(b)

Documents. The site plan application shall be accompanied by a plot plan which includes the following:

[1]

Property lines and physical dimensions of the property.

[2]

Location, dimensions, and types of existing structures on the property.

[3]

Location of the proposed wind energy system tower.

[4]

The right-of-way of any public road that is contiguous with the property.

[5]

Any overhead utility lines.

[6]

Wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

[7]

Stamped, engineered tower and tower foundation drawings signed and sealed by an engineer licensed in the State of New Jersey.

[8]

Noise levels of the proposed wind energy system at all property lines.

[9]

Proposed screening of the wind energy system from adjoining properties.

[10]

A description of any lighting and its impact on neighboring residences and properties.

[11]

A wildlife habitat assessment report shall be prepared, either as part of an environmental impact statement or as a separate report that specifically addresses the wildlife habitat affected by the installation of a wind energy system. This report shall address the impacts to existing bird and bat populations by the wind energy system. Additionally, the report shall address the environmental resources of the New Jersey Department of Environmental Protection's Landscape Project and impacts to habitats ranked 3, 4, or 5 that indicate the presence of threatened or endangered species, including consideration for reducing or mitigating the effect of the wind energy system on the wildlife resources of the Township. This report shall document that the wind energy system will not endanger/kill the varied threatened and endangered species, bats and migratory birds of the Township.

(11)

Abandonment.

(a)

A small wind energy system that is out of service for a continuous twelve-month period shall be deemed to have been presumptively abandoned. The Zoning Officer may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date. The Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned. In the event that the Zoning Officer, after investigation, determines that a wind energy system has been abandoned, the Zoning Officer may issue a notice of abandonment during the presumptive twelve-month period, and the owner shall have the right to respond to the notice of abandonment.

(b)

If the wind energy system is determined to be abandoned, the owner of a wind energy system shall remove the tower and wind generator at the owner's sole expense within three months of receipt of the notice of abandonment. If the owner fails to remove the tower and wind generator, the Zoning Officer may, at the option of the Township Committee, have the tower and wind generator removed at the owner's expense. The costs incurred by the municipality shall be assessed against the property, shall become a lien and tax upon the said property, shall be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

Violations. It is unlawful for any person to construct, install, or operate a wind energy system or solar energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section. Solar energy systems and wind energy systems approved and/or installed prior to the adoption of this section are exempt.

§ 109-106 Accessory dwellings.

Accessory dwellings are conditional use in the zones specified and shall adhere to the following:

The minimum lot size shall be that specified for the zone district in which the property is located.

No property shall have more than one accessory dwelling.

Accessory dwellings shall contain an entrance that is separate from entrance of the principal dwelling.

The dwelling shall meet the setbacks specified for principal buildings in the zone district.

The property shall provide the required on-site parking for the principal use and the accessory dwelling.

The parking area for five or more vehicles shall be setback minimum of 20 feet from a property line or the minimum setback specified for the zone district, whichever is greater.

Where the principal use is commercial, nonfarm, the accessory dwelling shall be located on upper floors of a principal or accessory use or in the rear yard.

The buildings shall be in full compliance with all applicable health and construction codes.

§ 109-107 Cemetery.

Cemetery is a conditional use in the zones specified. The following conditions apply:

Applicant shall possess a current certificate of authority issued pursuant to N.J.S.A. 84:1-1 et seq. New Jersey Cemetery Act, and shall be in full compliance with the provisions of N.J.A.C. 3:40-1.5 et seq.

Mausoleums, grave site markers (headstones, obelisks, etc.) and other structures (excluding buildings) shall not exceed 20 feet in height.

Buildings, mausoleums, grave site markers (headstones, obelisks, etc.), and other structures exceeding heights of five feet shall be setback at least 100 feet from any property line, or the minimum setback specified for the zone district, whichever is greater.

Buildings, mausoleums, grave site markers (headstones, obelisks, etc.), and other structures not exceeding heights of five feet shall be setback at least 50 feet from any side or rear property line or the minimum setback specified for the zone district, whichever is greater.

Buildings, mausoleums, grave site markers (headstones, obelisks, etc.), and other structures not exceeding heights of five feet shall be setback at least 100 feet from any street line or the minimum setback specified for the zone district, whichever is greater.

§ 109-108 Medical office.

Medical office is a conditional use in the zones specified in Schedule 3[1] and shall adhere to the following:

Parking shall be setback a minimum of 50 feet from all property lines.

[1]

Editor’s Note: This schedule is included as an attachment to this chapter.