A.
Kennels or animal hospitals having open pens or cages
shall be located on a land parcel having a minimum of five acres and
shall be set back at least 200 feet from all lot lines.
B.
In cases where the use is to be carried on within
a completely enclosed, soundproof building, it must observe the RR
Residence District lot and yard requirements.
A.
Roadside stands shall be maintained in good repair
on a well kept site. They shall have only one entrance and one exit
from the highway and shall maintain no display of goods nearer than
40 feet to a road right-of-way line.
B.
One parking space for every 100 square feet of display
area shall be provided.
C.
Only three signs shall be permitted, each not more
than eight square feet in area. No sign shall be located within the
right of-way of the highway, nor shall any sign obstruct the vision
of automobiles entering or leaving the off-street parking area. Additionally,
36 square feet of identification sign area shall be permitted either
on the stand or within 30 feet thereof.
A.
In RR Rural Residential and LI Light Industrial Districts,
private campground conditional use may be established only when part
of a campground located primarily in an adjoining CONS Conservation
or A Agriculture District.
B.
Any campground shall occupy a tract of at least 50
acres; maintain a gross density of not more than five campsites per
acre; and provide a minimum setback of at least 100 feet from any
public road or property line and 50 feet from any lake, pond or stream.
This setback shall serve as a buffer area to protect the natural conditions
of the forest floor, to protect the integrity and purity of streams
and other water bodies, to ensure natural surroundings for campers
and to preserve the right of adjoining property owners to enjoy full
use of their premises. The setback areas and natural water areas shall
not be included when calculating the maximum camp density.
C.
Precautions shall be taken not to remove, change,
harm or destroy any natural feature, drainage or vegetation existing
on the land prior to the establishment of the camp facility.
D.
In open areas, provisions for buffer strips of trees
and shrubs or approved fencing located along the perimeter of the
site shall be included in the site plan and shall be completed within
five years of the date the permit is issued. A suitable performance
guaranty approved by the Planning Board as to type, the Planning Board
Solicitor as to form and the Township Engineer as to amount shall
be posted with the Township Clerk prior to the authorization of any
permit.
E.
All buildings, structures and uses must conform to
the standards and requirements, as amended from time to time, of the
New Jersey Uniform Construction Code,[1] as well as N.J.A.C. 8:22-1.1 et seq., the New Jersey Sanitary
Code, Subchapter 1, Recreational Sanitation (which regulates campgrounds).
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
F.
All campground applications shall be accompanied by
a letter from the Board of Health approving the applicant's plan for
all health and sanitary facilities.
G.
Any permit issued for a campground shall be valid
only so long as the camp design, density and service facilities conform
to the approved plot plan, Board of Health approved sanitary facilities
and any additional conditions specified by the Planning Board. Such
camps shall also comply with any applicable requirements of state,
County and municipal agencies regarding health, sanitation, fire protection
and other matters.
A hunting, trap or skeet club shall be operated
as a nonprofit enterprise on a land parcel of at least 100 acres.
No part of the operation involving guns or target release equipment
shall be located closer than 200 feet to a property boundary line
or closer than 350 feet to an existing residential unit other than
one incidental to the use itself.
A.
Proof shall be furnished that the proposed use is
a bona fide nonprofit activity organized solely for the use and enjoyment
of the membership.
B.
The parcel involved in the use shall contain at least
three acres and shall have 200 feet of highway frontage.
C.
No more than a total of 15% of the lot shall be covered
by structures, parking areas and the pool, together with its adjoining
hard surfaced areas.
D.
No part of the pool, its accompanying hard-surfaced
area or other supporting structures or activity areas shall be located
within 75 feet of a property line.
E.
The maximum membership of the club shall be fixed
at the time of application and shall be commensurate with the size
of the parcel and the scale and facilities contemplated. No expansion
of the membership shall take place subsequently without supplemental
application to and approval by the Board of Adjustment.
F.
Any pool established in connection with public swimming
clubs shall be constructed and operated according to the requirements
of N.J.S.A. 26:3-69.1 through 3-69.6 as amended and supplemented.
Pursuant to the above titled statute, the code commonly known as the
"Swimming Pool Code of New Jersey, 1955," is hereby adopted by reference.
A copy of said code is annexed hereto and made a part hereof without
inclusion of the text.
[Amended 5-20-1985 by Ord. No. 393]
Public utility installations, other than essential services as defined in Article II, may be established as specified on the Schedule of District Use Regulations[1] in accordance with the following standards and requirements:
A.
Any application for such use shall include a statement
setting forth the need and purpose of the installation.
B.
Proof shall be furnished that the proposed installation
in the location specified is necessary for the convenient and efficient
operation of the public utility involved and for the satisfactory
and convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located.
C.
The design of any building in connection with such
facility shall conform to the general character of the area in which
it is to be located. The applicant shall demonstrate that the proposed
use will in no way adversely affect the safe and comfortable enjoyment
of neighboring properties. Adequate and attractive fences and other
screening devices shall be described and shown in the plan for the
proposed use. Sufficient landscaping, including trees, shrubs and
lawn areas, shall also be provided.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
A.
In addition to normally required site plan information,
the application shall set forth:
(1)
The purpose of the operation.
(2)
The manner in which animals or fowl would be housed
or ranged.
(3)
The number, size, species and type of animals or fowl
proposed to be kept and the number of each per gross acre.
(4)
Location of and methods for the storage, disposal
or other utilization of liquid and/or solid wastes.
(5)
The location of any outside fowl ranges or livestock
pens or corrals.
(6)
Proposed lighting and ventilation.
(7)
A written opinion of the County Agricultural Agent
concerning possible nuisance characteristics and the adequacy of measures
proposed to deal with them.
(8)
A written report from the Soil Conservation District
setting forth the adequacy of plans for liquid and/or solid waste
disposal.
C.
Any intensive fowl or livestock farm shall be located
on a land parcel having a minimum of 100 acres.
E.
No building, fenced run or other enclosure for the
containment of fowl or livestock or for the storage of animal waste
on an intensive fowl or livestock farm shall be closer to any front,
side or rear property line or zoning district boundary line than 500
feet.
F.
The feeding of swine upon garbage or similar refuse
material, either cooked or uncooked, is specifically prohibited.
G.
Any certificate of occupancy shall remain valid only
so long as the intensive fowl or livestock farm is operated in a nuisance-free
manner in accordance with the above-listed standards and any additional
conditions imposed by the approval authority.
[Added 5-7-2007 by Ord. No. 789]
A.
COMMERCIAL AGRICULTURE
HOME ANIMAL AGRICULTURE
LARGE ANIMAL
NEIGHBORHOOD AGRICULTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The activity of producing principally for sale plants, animals
or their products for the use or consumption by man including in a
primary sense the growing, harvesting, storage, preparation for use
and marketing of the products and those inputs essential to such activities,
including the application of all technologies and methodologies approved
by the New Jersey Agricultural Experiment Station or equivalent agricultural
research institutions. These shall include, but not be limited to,
soil preparation and management; fertilization; weed, disease and
pest control; waste disposal; irrigation; drainage and water management,
grazing, or harvesting by man or animal. Commercial agricultural production
shall include, but not be limited to, forages and sod crops; grains
and feed crops; dairy animals and dairy products; poultry and poultry
products; game birds; livestock, including beef cattle, sheep, swine,
horses, ponies, mules or goats, including the breeding and grazing
of any or all such animals; bees and apiary products; fish; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts and berries; vegetables; nursery, floral, ornamental and greenhouse
products.
The activity of maintaining or producing domesticated animals
or their products for home use or consumption including breeding,
growing, caring, housing and product preparation where sales are incidental.
Any large animal including, but not limited to, cattle, horses,
goats, swine, ostrich, llamas, emus, buffalo, fur-bearing animals
and including flocks of poultry, fowl or birds numbering 25 or more,
excluding household pets.
Commercial agriculture conducted in an area of predominantly
residential, business/commercial or industrial use which is oriented
toward retail sales and generally limited to horticultural production
such as floral, nursery, and fruits and vegetables but which may include
low-density animal agriculture such as poultry on a small scale.
B.
Conformance with New Jersey agricultural guidelines. Home agriculture,
including home animal agriculture, may be conducted in a residential
zone so long as animal numbers, as well as care and management, reasonably
conform to current recommended management practices established in
Recommended Guidelines for Home Animal Agriculture in Residential
Areas published and revised by the N.J. Cooperative Extension Service,
N.J. Agricultural Experiment Station, and this Section.
C.
Minimum lot size. One large animal for the personal use of the occupants
of a residence may be maintained on a lot, provided that the lot is
at least two acres in size excluding the building lot area requirements
for a residential dwelling. Each additional large animal must have
an additional 1/2 acre, up to 100 acres. For over nine large animals,
the use must meet the land area requirement for a defined farm use.
Acreage requirements for small animals shall be 50% of that for large
animals. All of the above required acreage shall be available for
the normal habitat of the animals of which none of that area shall
be required in a front yard. Combinations of different livestock and
fowl are acceptable so long as the total number of animal units does
not exceed the amount permitted under the formula.
D.
Fencing and outside lot.
(1)
Large- and medium-sized domesticated animals need exercise and
living space compatible with their age and size. An outside lot, when
used to provide exercise and possibly some grazing, shall be fenced
in a manner to be safe to animals and man and located in a manner
that livestock will not cause damage to a neighbor's property. Fences
constructed for the exterior fence line shall be made of woven wire,
wooden or comparable materials and be at a minimum 48 inches high
with posts not more than 10 feet apart. Barbed wire shall be avoided
except where sheep fence may require barbed wire to be strung at the
bottom and the top of the exterior fence, in addition to woven wire,
for the purposes of dog control. Electric fence may be used for interior
partition fences, where applicable but not for exterior fence.
(2)
The fence lot shall be so located and managed so that it does
not become muddy due to weather conditions, from surface drainage,
or activity of the confined animals, and sufficient drainage shall
be provided to prevent any standing water from accumulating. Lots
shall not be extended to reach streamways passing through the property.
(3)
If an outside fence lot is provided for swine, it must be paved
and have adequate provisions for drainage.
E.
Interior animal housing.
(1)
All confined, domesticated animals shall have shelter accessible
which will keep off rain, provide shade and give protection from the
wind. Floor conditions shall prevent slipping and provide for the
bedding to be routinely dry. When an exterior lot is accessible, a
minimum of 100 square feet of interior floor space per animal unit
shall be provided. If no exterior lot is provided, additional adequate
space, at least double the above interior floor space, shall be accessible
per animal unit. Water shall always be accessible.
(2)
The minimum distance from a property line for locating a building
for housing large animals shall be 50 feet unless there are reasonable
conditions to modify this setback.
F.
Poultry. Chickens, ducks, turkeys, geese and game birds such as pheasants
and quail shall be permitted provided that no more than 25 birds shall
be allowed on any one-acre lot and no more than 25 birds for each
additional acre up to six acres. Commercial poultry operators would
have a much higher density, however the bird units indicated here
are for home agricultural purposes.
G.
Management recommendations for home flocks.
(1)
A small flock of fowl shall be raised on a conventional litter
floor with or without access to an outside yard, or confined to cages.
When confined to cages, a minimum of 60 square inches of cage floor
space per bird shall be provided. If the conventional floor system
is used, birds shall be provided with a minimum of two square feet
or three square feet of floor space per chicken. Bantams may be allotted
1/2 of the floor space recommended for standard size breeds.
(2)
If poultry has access to an outdoor yard, the yard shall be
a minimum size of 15 square feet of yard space per chicken. The yard
must be properly maintained so as not to create odors, particularly
during rainy or hot, humid days. Turkeys, ducks and geese require
a yard size 50% larger than that for chickens.
(3)
Sanitary conditions within the house and the yard must be maintained
in order to minimize the fly and odor problems. Fly and rodent control
measures must be followed according to the recommendations of the
New Jersey Agricultural Experiment Station (NJAES).
(4)
Poultry manure shall be either applied to the soil as organic
fertilizer, worked into a compost pile, or disposed of off the premises.
If stockpiled, it must be covered with soil or be in an enclosed,
screened area. When disposed of on the land, the amount shall not
exceed the recommended levels of 500 pounds per thousand square feet
or the latest recommendations of the New Jersey Agricultural Experiment
Station.
H.
Fencing and outside lots.
(1)
Although poultry may be raised entirely under cover with no
access to the outside, some home agriculturists may want to provide
an outside lot or poultry yard. If such a lot is provided, it should
allow for a minimum of 15 square feet of space for every 25 birds.
If birds have access to a wire porch, a similar square footage should
be allowed.
(2)
The yard should be fenced with wire and sufficiently strong
and high enough to keep dogs and other predators from entering. The
yard shall be kept free of debris, weeds and standing water and suitably
screened with shrubbery or other appropriate devices. The yard shall
not be placed any closer than 50 feet from neighboring property lines
and shall be behind the rear of the dwelling with the normal dwelling
setback from the roadway.
I.
Poultry waste management.
(1)
Under the conventional floor system, desirable house conditions
may be maintained through a deep litter management program. Litter,
consisting of dry absorbent material such as straw, ground sugar cane,
wood sawdust or shavings, is added to the floor to a depth of four
inches to six inches. The composting action, which subsequently takes
place between the litter and the poultry droppings that accumulate
daily, should result in dry floor conditions that will minimize flies
and/or odors. Litter floors, when properly managed, need to be cleaned
only once annually.
(2)
Dropping boards beneath roosting areas and the area beneath
cages, where manure accumulates, must be cleaned once every three
days to five days.
(3)
Poultry manure can be applied to the soil in the vegetable garden.
It should be applied at a rate not to exceed 500 pounds per 1,000
square feet no more than once every three months for the total amount.
Manure should be incorporated into the soil and not used on the surface
as mulch. It may be composted or stored as outlined under the animal
waste management section of these recommendations.
J.
Pigeons. Pigeons shall be confined to a loft or "fly" (a screened
exercise area for pigeons) which shall also include an interior roosting
area where pigeons may be out of the weather. The loft, depending
on the particular arrangement desired by the owner, may or may not
allow pigeons to have contact with the ground. The loft or "fly" structure
shall not be located within 25 feet from the property line.
K.
Violations. Violations of this section shall be subject to the penalties enumerated in § 212-69 of this chapter in addition to those penalties which may be imposed by other agencies with jurisdiction over this area.
L.
Home animal agriculture and the keeping of large animals lawfully
existing at the time of the adoption of this section which does not
conform to the regulations herein may be continued.
Land-mining operations may be established or
horizontally extended only as specified in the Schedule of District
Use Regulations[1] only in accordance with the following standards and requirements:
A.
In addition to complying with the general site plan
requirements of the chapter, the site plan for any prospective land-mining
operation shall show the area to be excavated, depth of proposed excavation,
setback from roads, highways and other property lines and before and
after contour maps, at a contour interval of two feet, showing the
area to be excavated, together with sufficient surrounding area to
show existing and future drainage patterns. Information accompanying
the plans shall stipulate the period of time during which the operation
will continue, the type of equipment to be used (including delivery
vehicles), the daily hours of operation and measures proposed for
avoiding safety hazards, wind erosion, excessive noise and other nuisance
characteristics.
B.
A certificate of occupancy shall be required for any
land-mining operation, and said certificate shall not be issued until
authorized by the Planning Board. If the land-mining operation ceases
to function for a period of one year, it shall be considered abandoned,
and the certificate of occupancy therefor shall become null and void.
In addition, the continuing validity of such certificate of occupancy
shall depend upon continuing compliance with the following standards
and requirements, together with any special requirements established
by the Planning Board or Board of Adjustment where unusual circumstances
exist:
(1)
Any land-mining operation shall be conducted in such
a manner as to obviate excessive dust and noise. Haulage roads located
within 200 feet of a public right-of-way or property used for residential
purposes shall be paved with a dustproof surface.
(2)
Land-mining operations, together with any uses incidental
thereto, excluding access rail or haulage roads, shall not be located
or carried on within a distance of 200 feet from any adjoining property
or street line.
(3)
Any tract of land proposed for a land-mining operation
shall be at least 25 acres in area, unless it is contiguous to land
already used by an active land-mining operation, in which case it
shall be at least 10 acres in area, and coordination of restoration
plans shall be required.
(4)
Proof of legal right of access to land-mining sites
must be shown where no frontage on a public road or highway exists,
and access easements or rights-of-way shall not pass through predominantly
residential areas.
(5)
Sufficient topsoil shall be stockpiled during the
operation to re-cover all excavated areas to a depth naturally found
on undisturbed neighboring land.
(6)
Provision for fencing or earthen berms may be required,
depending on the nature of the operation and distance from developed
areas.
(7)
Before any certificate of occupancy may be issued
for any land-mining operation, the owner or operator shall file with
the Township Clerk a performance bond issued by an insurance company
authorized to do business in the State of New Jersey, in the amount
of $750 per acre for each acre licensed to be used for a land mining
operation. Any such bond shall be accompanied by an agreement signed
by the applicant and landowner, if a different person, granting the
municipality the right of access to perform all necessary rehabilitation
of bonded property in the event of forfeiture of the bond. In the
event of default, forfeiture shall be made by the Township Committee
after a public hearing on not less than five days' written notice,
mailed to the principal and surety at their last known addresses,
which notice shall be complete upon mailing. Forfeiture proceedings
may be undertaken when a land mining operation has been abandoned,
as provided in this section, or when, on the basis of a formal complaint,
the Township Committee finds that a public nuisance or hazardous condition
has been permitted to exist for a period of 30 days by the owner or
operator of a land-mining operation after due notice thereof by the
Building Inspector or Zoning Officer. The bond or other security may
be released upon satisfactory restoration of the completed project
area, or portions of the security may be released as proportional
stages of restoration are accomplished on determination of the Township
Committee in accordance with the above-listed operating standards
and the following restoration standards:
(a)
Land-mining sites involving operations above
ground-water shall be two feet above the level of any permanent or
spasmodic standing surface water, and all soil banks shall be left
with a slope ratio not exceeding one foot vertical to three feet horizontal.
Excavations that result in ponds or lakes shall be restored in accordance
with recommendations provided by the Soil Conservation Service and
shall be left with a slope ratio of one foot vertical to five feet
horizontal, said slope to extend into the pond or lake to a minimum
water depth of five feet measured at low-water elevation. Any below-water
excavation shall have central portions at least six feet deep at to
avoid the possibility of water stagnation. All slopes and other dry
excavated areas shall be graded and covered with topsoil, fertilized,
mulched and reseeded so as to establish a firm cover of grass or other
vegetation sufficient to prevent erosion. In the case of formerly
wooded areas, rehabilitation shall be accomplished in accordance with
a planting scheme arranged in conjunction with the State Forester.
(b)
Depressions other than those having a permanent,
below-water depth of 12 feet shall not be left below the surrounding
ground level unless properly graded to prevent temporary collection
of surface water. All surface drainage shall be controlled to prevent
any silt or other debris from flowing over adjacent properties or
public roads. All provisions to control natural drainage shall meet
with the approval of the Township Engineer.
(8)
Any reasonable engineering or legal expenses incurred
in assuring compliance with the above requirements shall be borne
by the applicant.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
A.
No commercial sanitary or other solid waste landfills
shall be operated in the Township except those which may be approved
as a conditional use to serve local needs.
B.
No garbage, rubbish, refuse, tree limbs or roots or
any other waste material except clean soil, sand, gravel or rock deposited
for the purpose of regrading or landscaping the land on which deposited
shall be dumped, pumped or deposited in any district within 500 feet
of any municipal, County or state roadway or any lake, stream or property
line, except after obtaining site plan approval, subject to such regulations
or conditions that the Planning Board may prescribe and, further,
subject to any applicable regulations of the Township Board of Health
and the requirement that such deposition will not be objectionable
by reason of dust, fumes, smoke or odor or be otherwise detrimental
to the public health or safety and will not interfere with natural
drainage to the extent of being detrimental to other properties.
[1]
Editor's Note: See also Ch. 85, Dumping and
Landfill Use.
[Amended 1-28-2004 by Ord. No. 742]
Cluster residential development may be permitted
(in accordance with the permitted uses in each zoning district and
the Schedule for District Regulations for Maximum and Minimum Building
Standards[1]), in all zoning districts, subject to the following standards
and requirements:
A.
An open space cluster requires that a percentage of
the land area of the tract involved be permanently preserved as open
space and may include active or passive open space. Passive open space
may include lands preserved for the environmental sensitivity.
B.
All tracts of land 40 acres or greater in size either
at the time of the adoption of this chapter or that are assembled
after the adoption of this chapter shall be eligible for cluster residential
development, provided the application meets the following requirements:
(1)
Land area equal to a minimum of 50% of the total tract
of land proposed for development shall not be included in lots but
shall be set aside and deed restricted for open space and recreation.
(2)
The Land Use Board shall determine what percentage,
if any, shall be used for one or more of the following active recreational
purposes: golf courses with accompanying clubhouses and facilities;
swimming pools and cabana clubs; tennis, badminton, volleyball, and
basketball courts; playing fields; riding clubs; limited membership
outdoor recreational areas; or private landscaped areas under the
supervision of a homeowners' association as provided for in this section.
(3)
The remaining portion of open spaces saved shall be
permanently devoted to one or more of the following open land uses:
parks or playgrounds, woodland conservation areas, game preserves,
wildlife refuge, pedestrian walkways, bicycle paths and bridle trails,
stream preservation, and watershed protection or flood control areas.
An application for a cluster development shall clearly identify all
open space areas and its proposed land uses.
(4)
Land utilized for street rights-of-way, driveways,
parking areas, courtyards, utility stations, and loading areas shall
not be included as part of any above-referenced minimum 50% open space
set aside.
(5)
Not more than 50% of the total open space saved shall
be located in one or more of the following: a floodplain, areas with
a slope greater than 10%, watercourses or bodies of water, wildlife
habitats or other areas deemed unsuitable for development and recreational
purposes due to environmental reasons as made evident by the review
of the environmental impact statement, where required.
(6)
The location of proposed lots, streets, utilities,
and active recreational areas shall be adjacent to other similar developed
areas to the greatest extent possible thereby maximizing the clustering
of development. Proposed development layout or design shall be found
to meet this requirement as a condition of attaining approval.
C.
Planned residential cluster developments as permitted
shall require an environmental impact statement.
D.
Provisions made within any planned residential cluster
development for open space and recreational areas shall be reviewed,
found adequate, and approved by the Land Use Board. In its review,
the Land Use Board shall investigate the size of parcel devoted to
open space and recreational areas; their location within the project;
the topography; the uses contemplated upon such open space and recreational
area; configurations of the parcels under consideration; facilities
and improvements to be provided; the provisions made for maintenance
and access to said parcels or facilities; traffic flows to and around
said parcels; the ecological impacts of their placement, development
and use; the staging or timing of the open space or recreational area
development, and how various categories or recreational facilities
or open space and their location will be proportionally related to
the staging of the development of housing units, if such staging is
proposed.
E.
The Land Use Board shall make detailed findings concerning
the adequacy or inadequacy of the aforesaid items to be reviewed in
determining their conformity with the provisions of this chapter,
the adopted Township Master Plan, and any other plans or regulations
applicable or relevant to the lands involved. The provisions made
shall be deemed adequate if the Land Use Board determines that:
(1)
Portions of the open space and recreational areas
are readily accessible to all residential dwelling units.
(2)
The uses being designated for open space and recreational
areas are reasonably related to and appropriate and sufficient to
meet the needs of the project's residents for a variety of uses appealing
to the anticipated residents of the proposed development, considering
differences in age, income level, and interest.
(3)
The uses designated for open space and recreational
areas will be functional upon the arrival of the residents who will
use them.
(4)
The topography and environmental character of the
land is suitable for the uses proposed, and the uses will not cause
unreasonable adverse impacts to the ecology of the area incapable
of being mitigated.
(5)
The open space and recreational areas are conveniently
and appropriately designed with regard to the project's pedestrian
and vehicular traffic patterns, to provide adequate access to, in,
around, and from the uses proposed.
(6)
While nothing herein contained shall be deemed to
require that, as a condition of development approval, a developer
must make available lands for public use which are proposed for open
space and recreational areas, the Township may, at any time and from
time to time, accept the dedication of said land(s) or any interest
therein for public use and maintenance where a free and noncoerced
offer is made by the developer or owners of said land(s).
F.
All cluster developments shall be considered to be
planned developments and major subdivisions subject to subdivision
review and approval. In addition to all regulations herein contained
in this section, cluster development applications shall also require
the Land Use Board find that:
(1)
The proposed development, its design and layout, and
its size will not be detrimental to the surrounding neighborhood or
to the intent and purposes of this chapter or the adopted Township
Master Plan. Furthermore, the design shall be such that the use of
the clustering achieves maximum benefit in the use of land, presentation
of open space, and good development design principles and techniques;
(2)
An environmental impact statement has been required,
reviewed, and found to determine that, as proposed, the development
will not unreasonably adversely affect the environment of the lands
upon which it is to be located or those adjacent thereto, or to create
reasonably demonstrable adverse impacts off site; and
(3)
Cluster development as proposed will create a residential
project harmonious with its environment and surrounding development.
[1]
Editor's Note: Said schedule is at the end
of this chapter.
The specific purpose and intent of this section
is to provide a mechanism to address the Township's responsibilities
to bear its fair share of the regional need for housing for low-income
families and elderly of low and moderate income. Garden apartments
and townhouses for this purpose only may, therefore, be permitted
in accordance with the Schedule of District Use Regulations[1] and the following standards and requirements:
A.
The owner or sponsor of such development shall be
a bona fide public, nonprofit or limited dividend owner or sponsor
of low- and moderate-income housing.
B.
The applicant shall demonstrate and provide acceptable
guaranties that the development is planned and will be maintained
for housing low-income families or elderly of low and moderate income.
C.
The applicant shall demonstrate and provide acceptable
guaranties that rental or admission requirements or procedures will
restrict availability of the housing to permanent residents of the
Township or the housing region to which the Township has fair-share
obligations. Said requirements and procedures shall also assure priority
for permanent Township residents.
D.
The total number of units for low-income families
to be permitted under this section shall not exceed 88, which is hereby
determined to be the currently existing and immediately prospective
new construction need for such housing in the Township. The total
number of units for the elderly to be permitted under this section
shall not exceed 127, which is hereby determined to be the maximum
presently foreseeable need for such housing in the Township. In the
event of concurrent applications, priority shall be given to the application
best meeting the intent of this chapter.
E.
Number of units in project.
(1)
The maximum number of units in any project shall be
determined by the gross lot area per dwelling unit requirements below:
|
Unit Type
|
Square Feet of Gross Lot Area
|
|---|---|
|
Efficiency
|
2,500
|
|
1 bedroom
|
3,000
|
|
2 bedrooms
|
4,000
|
|
Each additional bedroom, add
|
500
|
(2)
For purposes of this chapter, any habitable room other
than a kitchen, dining room or living room shall be considered a bedroom.
F.
A minimum lot area of four acres shall be required,
and such lot shall have not less than 200 feet of frontage on a public
street.
G.
Every building shall have a minimum setback of 50
feet from any property line, 25 feet from any interior road or driveway
and 15 feet from any parking area. The Planning Board may require
a fence or screening along any property line if necessary to prevent
nuisances to adjacent properties.
H.
Open space areas adjacent to project buildings not
surfaced as walkways, driveways, parking areas, utility areas or other
required improvements shall be graded and seeded to provide a thick
stand of grass or other ground cover material. Liberal landscaping
plans, including deciduous trees and evergreens, shall be made a part
of the site plan submission and be subject to approval by the Planning
Board.
I.
A minimum of 35% of the total area of any low-income
family project exclusive of normal dwelling door yard, buffer strips
and parking areas shall be designated as common open space. Adequate
recreation areas shall be provided, none of which shall be less than
10,000 square feet in area nor less than 100 feet in its narrowest
dimension. Each recreation area shall be located conveniently to project
units.
J.
No building shall be located within 25 feet of another
building.
K.
Courtyards bounded on three or more sides by the wings
of a single building or by the walls of separate buildings shall have
a minimum width between any two walls of at least two feet for each
one foot of height of the tallest adjacent building or wall.
L.
Each dwelling unit shall contain complete kitchen
facilities, toilet, bathing and sleeping facilities and shall have
a minimum habitable floor area according to the number of rooms in
accordance with the following:
|
Unit Type
|
Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
450
|
|
1 bedroom, elderly
|
420
|
|
1 bedroom, other
|
650
|
|
2 bedrooms
|
800
|
|
Each additional bedroom, add
|
100
|
M.
In addition to required habitable floor area, there
shall be a minimum storage area in each building for bicycles, carriages,
furniture and similar incidental equipment of at least 70 square feet
in area by a minimum of seven feet in height per dwelling unit.
N.
Sufficient laundry, dry cleaning, garbage pickup and
other utility areas shall be provided in locations convenient to all
occupants. Their detrimental effects on the aesthetic character of
the project shall be minimized where necessary through the use of
enclosures or screen composed of suitable fencing, masonry walls or
shrubbery at least six feet in height around the perimeter. Fencing
and walls shall not be more than 50% open on the vertical surface.
O.
There shall be not more than 16 dwelling units in
each building or structure for low-income families. The facade of
any building or structure shall not exceed 60 feet in length unless
each increment of 60 feet is interrupted by an angle of at least 45°
or an offset of at least five feet.
P.
No dwelling units are permitted below the ground floor
level.
Q.
Driveways, parking areas and all pedestrian areaways
shall be provided at all times with adequate illumination so shielded
as to avoid deleterious glare to adjacent or nearby residential units.
R.
Projects may be permitted only if approved for connection
to public water supply and sewerage services.
S.
All on-site electrical telephone utility service shall
be installed below ground level.
T.
Design features relating to curbing, driveways, parking
areas, pedestrian walks, landscaping and other project elements not
specified herein may be attached as conditions by the Planning Board
if circumstances indicate they will further the purposes and intent
of this chapter.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[Amended 9-15-2021 by Ord. No. 988]
A.
In addition to the general site plan requirements, scaled maps accompanying
the application for any compressed natural gas fueling facilities,
gasoline service station or public garage shall clearly delineate
the actual floor space and/or ground area to be devoted to or used
for the purpose of motor vehicle storage; the location of any church,
hospital, theater, library, public playground, athletic field, public
or parochial school, firehouse, municipal building, existing service
station or public garage, within 1,000 feet of the proposed building
or use. The site plan shall also show the number and location of fuel
tanks to be installed, the dimensions and capacity of each storage
tank, the depth the tanks that are placed below ground or the height
of aboveground compressed natural gas fuel tanks, the number and location
of dispensers to be installed and the type and location of all principal
and accessory structures to be constructed.
B.
No compressed natural gas fueling facilities, public garage or gasoline
service station shall be located within 400 feet of any church, hospital,
theater, library, public playground, athletic field, public or parochial
school, firehouse, or municipal building, nor within 200 feet of any
existing compressed natural gas fueling facilities, public garage
or gasoline service station. The measurements contained herein shall
be made between the two nearest points of the building structures
and not between lot lines; provided, however, that the measurements
between the compressed natural gas fueling facilities, public garage
or gasoline service station shall be made between the nearest point
of the structure and the nearest lot line of any athletic field or
public playground. The term "structure" as used herein shall include
accessory structures such as dispensers, and measurements contained
herein shall be made between uses on the same or opposite side of
the street.
C.
No compressed natural gas fueling facilities, gasoline service station
or public garage shall accumulate or store any used parts or tires,
whether for sale, storage or waste, on any portion of the premises,
unless within the permanently enclosed building. All drainage, refuse,
grease drippings, oily rags or other greasy or oily material shall
be kept enclosed in metal containers approved by the fire underwriters
for disposal.
D.
There shall be no outside storage of supplies, materials or parts
unless the same are contained within a permanent rack, case, cabinet
or enclosure or metal or other fireproof material. Accessory goods
for sale may be displayed in the building and on the pump island only.
All fuel tanks shall be installed underground (excluding compressed
natural gas fuel tanks which may be installed aboveground) and shall
be located at least 35 feet from any property line. Each gasoline
service station or public garage shall be equipped with fire extinguishers,
the number, type and quality of which shall be specified by the Commissioner
of Public Safety, who may require such other equipment as he deems
necessary for fire or other emergency purposes.
E.
In order to minimize traffic hazards and permit safe ingress and
egress to and from compressed natural gas fueling facilities, gasoline
service stations or public garages, the following minimum standards
shall apply:
(1)
For compressed natural gas fueling facilities, gasoline service stations or public garages located on municipal streets or county highways, there shall be 150 feet of frontage for those stations having not more than three dispensing pumps (not including slow-fill dispensers for compressed natural gas fueling facilities), and for every three additional pumps or fraction thereof there shall be an additional 25 feet of frontage provided. For the purposes of this § 212-47, a dispensing pump is one fueling island, notwithstanding the number of filling nozzles attached to the fueling island.
(2)
For compressed natural gas fueling facilities, gasoline service stations or public garages located on state highways, there shall be a minimum frontage of 250 feet for stations having not more than three dispensing pumps (not including slow-fill dispensers for compressed natural gas fueling facilities), and for every three additional pumps or fraction thereof, there shall be provided an additional 50 feet of frontage. For the purposes of this § 212-47, a dispensing pump is one fueling island, notwithstanding the number of filling nozzles attached to the fueling island.
(3)
Compressed natural gas fueling facilities, Gasoline service stations
or public garages located immediately adjacent to intersections shall
provide a minimum depth of 150 feet; those having frontage on one
street only shall have a minimum depth of 100 feet.
(4)
Driveways providing access to gasoline service stations or public
garages shall be not more than 35 feet wide at any point, and they
shall be located at least 10 feet from any side lot line and 35 feet
from the intersection of street lines. Driveways providing access
to compressed natural gas fueling facilities shall be not more than
70 feet wide at any point, and they shall be located at least 10 feet
from any side lot line and 35 feet from the intersection of street
lines.
F.
Any building or buildings to be erected for use as compressed natural
gas fueling facilities, gasoline service station or public garage
or in connection therewith (excluding fueling island canopies) shall
be of masonry construction exclusive of ornamentation and roof. Any
repair of motor vehicles shall be performed in a fully enclosed building,
and no motor vehicle parts or partially dismantled vehicles shall
be stored outside an enclosed building.
G.
Any part of the site subject to access by motor vehicles shall be hard surfaced with concrete or bituminous concrete or asphalt and shall be graded and drained to adequately dispose of all surface water accumulated. Whenever the site abuts the side or rear line of a residence district or lot in residential use, a solid masonry wall or a solid fence not less than three feet high shall be erected along said side or rear lot line up to but not beyond the setback line. The materials and location of such wall or fence shall be subject to the approval of the Planning Board, and said Board may also require buffers of foliage, screen fencing or other protective devices if necessary to protect surrounding properties from the effect of light or noise generated on the site. The provisions of this Subsection G requiring solid masonry walls or solid fences shall not apply to compressed natural gas fueling facilities.
A.
A detailed description of the proposed industrial
process, as well as its resulting products and by-products, shall
be included in the application.
B.
Liquid waste and sewage shall be discharged into an
approved existing public sewage treatment plant or shall be treated
in a treatment plant or process which is in compliance with the state
statutes and the requirements of the New Jersey Department of Environmental
Protection.
C.
Precautions against fire hazards, air pollution, radiation
and explosion; provisions for the handling and storing of materials;
structural building design; and provisions for safeguarding the health
of workers shall be set forth and shall comply with applicable state
statutes and the requirements of the Department of Environmental Protection
and Department of Labor and Industry.
D.
No vibration or glare will be evident at any point
more than 150 feet from the source of said vibration or light.
E.
No more than two access driveways shall be permitted
for each 300 feet of highway or street frontage.
F.
No light industry use shall be permitted within 100
feet, and no general industry use shall be permitted within 200 feet,
of any more restricted district or existing residential property,
nor shall any accessory use be permitted within said distances which
is not permitted within said adjoining district or existing residential
property. Where circumstances necessitate, the Planning Board may
increase these restrictions or require screening.
[Added 4-22-1998 by Ord. No. 628]
Hotels and motels may be permitted as a conditional
use in those zoning districts specified, provided that the lot, use
and structures shall adhere to the following:
A.
Minimum area and yard requirements.
(1)
Lot area. The required lot area shall be two
acres or the minimum lot area required for the particular zone, whichever
is greater; however, in no case shall the minimum lot area per unit
of accommodation be less than 1,500 square feet.
(2)
Lot width. The required minimum lot width shall
be 200 feet or the minimum lot width required for the particular zone,
whichever is greater.
(3)
Lot frontage. The required minimum lot frontage
shall be 200 feet or the minimum lot frontage required for the particular
zone, whichever is greater.
(4)
Lot depth. The required minimum lot depth shall
be 200 feet, or the minimum lot depth required for the particular
zone, whichever is greater.
(5)
Maximum building coverage. The maximum building
coverage (combined coverage of principal and accessory buildings)
shall be the same as permitted for the particular zone.
B.
Principal building requirements.
(1)
Front yard, rear yard and side yard setbacks.
The required minimum front yard, rear yard and side yard setbacks
for the principal building shall be the same as required for the particular
zone.
(2)
Building height. The height of the principal
building may exceed the maximum height requirements for the particular
zoning district within which the site is located; provided, however,
that the front, side and rear yard setback requirements set forth
for the particular zone shall each be increased by four feet for each
foot by which the height of the structure exceeds the maximum height
permitted for the particular zone, and further provided that in no
case shall any proposed structure exceed 50 feet in height.
C.
Accessory building requirements.
(1)
Setback requirements. No accessory building
shall be located within the front yard setback of the principal building
required for the particular zone. The required minimum rear yard and
side yard setbacks for an accessory building shall be the same for
the particular zone.
(2)
Building height. The maximum height of an accessory
building shall be the same as permitted for the particular zone.
F.
A hotel/motel and all accessory buildings shall be
connected to an approved and functioning public water system and sanitary
sewer system prior to the issuance of any certificate of occupancy.
G.
The required minimum number of units of accommodation
shall be 20 units.
H.
Permanent, on-site superintendent's living quarters
shall be provided within the principal building as the hotel/motel
use. The superintendent's living unit, however, shall not be counted
toward the minimum required number of units of accommodation.
I.
A minimum of 10 units of accommodation shall be required
in any principal building.
J.
No accessory building or structure shall be used as
or contain, in whole or in part, a unit of accommodation.
K.
A unit of accommodation may contain efficiency facilities;
provided, however, that the applicant satisfactorily demonstrates
the units containing said facilities shall be utilized primarily for
transients.
L.
Each unit of accommodation shall contain a bathroom.
M.
A restaurant may be permitted; however, if a restaurant
is provided, it shall be considered as an accessory to the hotel/motel
principal use and shall be located within a principal building.
N.
Other accessory uses may be permitted on the same lot as the hotel/motel principal use, and may include but shall not be limited to a swimming pool or other recreational facilities. These accessory uses provided shall not be for use by the general public but shall be used primarily by the guests of the hotel/motel. No additional on-site parking shall be required for swimming pools; however, swimming pools shall be subject to the requirements set forth in § 212-60.
O.
Landscaping, buffer areas and screening shall be provided in accordance with the requirements in § 212-56.
P.
A statement shall be submitted with the application
setting forth the full particulars regarding the use, activities and
buildings.
[Added 4-22-1998 by Ord. No. 628]
A.
Automobile repair shops may be permitted as a conditional
use in the zoning districts specified, provided that the lot, use
and structures shall adhere to the minimum area, yard and building
requirements of the particular district and to the following:
(1)
No outdoor oil drainage pits or hydraulic lifts
shall be permitted.
(2)
All repair shall be performed within a fully
enclosed building.
(3)
All vehicles awaiting repair or under repair
which are stored out of doors shall be screened from public by a solid
fence and/or evergreen plantings, as required by the Planning Board.
(4)
No vehicle awaiting repair or under repair may
be stored out of doors within the required front yard area, within
20 feet of any side or rear lot line or within 50 feet of any adjoining
lot within a residential zone.
(5)
If gas pumps are proposed, § 212-47, referring to automobile service stations, shall also be applicable to automobile repair shops.
(6)
The storage of junk or dilapidated vehicles
on the site shall not be permitted.
[Added 4-22-1998 by Ord. No. 628]
A.
Public utilities such as water towers, pumping stations,
electric substations, radio towers, transmission lines and switching
stations, which must be provided above ground, may be permitted as
a conditional use in the zoning districts specified, provided that
the lot, use and structures shall adhere to the following:
(1)
A statement shall be submitted with the application
setting forth the reasons that the proposed installation must be above
ground in a specific location and why it is necessary and convenient
for the efficiency of the public utility system or for the satisfactory
and convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located.
(2)
The proposed use shall be on a lot of not less
than 20,000 square feet in area.
(3)
All of the building setback and coverage requirements
of the particular zone within which the site is located shall be met,
except that no front yard, rear yard or side yard setback of any structure
shall be less than 125% of the height of the structure.
(4)
The design of any building in connection with
such facility shall conform to the general character of the area and
shall not adversely affect the safe and comfortable enjoyment of property
rights of the zone in which it is located.
(5)
Adequate and attractive fences and other safety
devices shall be provided.
(6)
Sufficient landscaping, including shrubs, trees
and lawn, shall be provided and maintained on a regular basis.
(7)
No service or storage yards shall be permitted
in any zone.
[Added 4-16-2008 by Ord. No. 805]
B.
Permitted uses.
(1)
Municipal buildings and public educational, civic or cultural
buildings and uses.
(2)
Department stores (i.e., K-Mart, WalMart, etc.).
(3)
Wholesale club (i.e., Costco, BJ's, Sam's Clubs, etc.).
(4)
Warehouse retail (i.e., Home Depot, Office Max, Sports Authority,
PETCO, etc.).
(5)
Supermarkets.
(6)
Professional, business or medical offices.
(7)
Personal service and minor repair stores and shops.
(8)
Banks and similar financial institutions.
(9)
All-variety, general merchandise and specialty stores, except
adult uses.
(10)
Restaurants and taverns.
(11)
Electronics stores.
(12)
Furniture stores.
(13)
Antique shops.
(14)
Sporting goods stores.
(15)
Garden centers and retail plant, shrub and tree nurseries engaged
in the retail sale of living plant material and garden supplies.
(16)
Indoor commercial recreations including but not limited to bowling
alleys, ice- and roller-skating rinks, and health clubs.
(18)
Convenience stores.
(20)
Day care.
(21)
Pharmacy.
(22)
Schools/educational centers.
(23)
Car wash facilities, provided that the following conditions
are met together with any other applicable requirements of this chapter
and other chapters of the Code of Carneys Point Township:
(a)
For pad sites that are planned as part of a shopping center
but located on a separate lot, the following standards shall apply:
(b)
All car washing facilities must be in an enclosed, although
not fully enclosed, building. Vacuuming facilities may be outside
the building but may not be located in any required yard area.
(c)
Sufficient off-street stacking area to provide space for not
less than eight automobiles or that number of vehicles equal to the
number capable of being processed during 1/2 hour, whichever is less.
Stacking of automobiles shall not be permitted in the public right-of-way.
(d)
All car wash installations shall be equipped with a water recycling
system for 90% of the water usage.
(e)
To aid in control and drainage of car-washing water, car wash
systems employing high-pressure sprays shall:
[1]
Include building drains sized to accept 200% of
maximum water flow and shall discharge into enclosed piping connected
to the closed storm sewer.
[2]
Be arranged as to contain all spray within the
car wash structure.
[3]
Have exit aprons equipped with grate drains and
pitched for a minimum of 20 feet toward the car wash structure at
a gradient of at least 1/4 inch per foot.
(f)
Adequate provision shall be made to prevent excessive noise
from emanating from the facility. The sound produced by any mechanical
equipment involved in the operation of a car washing facility shall
not exceed 65 dB(A) when measured next to an adjacent residential
district or other noncommercial use or 70 dB(A) when measured in or
adjacent to any commercial district.
(24)
Self-storage facilities, provided that the following conditions
are met together with any other applicable requirements of this chapter
and other chapters of the Code of Carneys Point Township:
(a)
For pad sites that are planned as part of a shopping center
but located on a separate lot, the following standards shall apply;
[1]
The minimum front yard shall be 100 feet. The minimum
rear and side yards shall be 75 feet; provided, however, that the
minimum rear and side yards may be 50 feet when the facility is located
adjacent to a nonresidential building in a nonresidential zone.
(b)
Self-storage facilities shall provide for the dead storage of
customer's goods and materials only. No business activity other than
the rental of storage space and the sale of packing materials associated
with moving and/or storage of goods and materials shall be permitted.
(c)
Self-storage facilities may include a manager's unit/apartment
for an employee of the facility.
(d)
Facades of all structures facing public streets or visible from
public streets and residential uses, within 500 feet, shall be constructed
of materials which are of brick, decorative masonry, finished wood
or a combination of materials.
(e)
All storage buildings of more than one story shall provide elevators
for goods and materials to be stored.
(f)
Internal driveway aisles shall be a minimum of 24 feet with
parking permitted on both sides of the driveway. A driveway aisle
where access is only on one side may be a minimum of 20 feet in width.
(g)
No mini-warehouse or self-storage unit doors shall be constructed
to open to a public street or to a residential zone.
(h)
No outdoor storage of goods or materials shall be permitted
except for a designated storage area for boats, recreational vehicles
and other motorized vehicles, provided that such storage area does
not exceed 10% of the developed self-storage area, is fenced and is
screened from public roadways and residential uses within 500 feet
of the boat, recreational and other motorized vehicle storage area.
No repair or servicing of motorized vehicles shall be permitted except
for minor repairs in order to make a stored vehicle mobile such as
repair of flat tires, changing of batteries or repair of required
safety devices such as taillights, headlights and turning signals.
The use of boats, recreational vehicles, or other vehicles as a residence
or for any habitation purposes shall be prohibited while the boat
or vehicle is stored at the storage facility premises.
(25)
Movie theaters, provided that the following conditions are met
together with any other applicable requirements of this chapter and
other chapters of the Code of Carneys Point Township:
(a)
A movie theater shall be permitted one freestanding sign (in
addition to the freestanding sign permitted for the shopping center)
which shall comply with the following provisions:
[1]
The sign shall be located a minimum of 200 feet
from the shopping center's freestanding sign as permitted under § 212.48.4G.
[2]
The sign shall have a maximum area of 100 square
feet on each side.
[3]
For theaters with multiple screens, additional
sign area may be permitted, not to exceed 25 square feet per screen,
with a maximum of 200 square feet of total signage.
[4]
The sign shall have a maximum height of 25 feet.
(26)
Fast-food/drive-through establishments, provided that the following
conditions are met, together with any other applicable requirements
of this chapter and other chapters of the Code of Carneys Point Township:
(a)
For pad sites that are planned as part of a shopping center
but located on a separate lot, the following standards shall apply:
[1]
Minimum pad site area: two acres.
[2]
Minimum pad site width: 160 feet as measured at
the minimum building setback line.
[3]
Minimum front yard setback: 50 feet.
[4]
Minimum side yard setback: 50 feet.
[5]
Minimum rear yard setback: 50 feet.
[6]
Maximum building coverage: 25%.
[7]
Maximum lot coverage: 75%.
[8]
Maximum building height: 40 feet.
(b)
Site design shall provide for adequate, safe, and efficient
parking and circulation. The following design criteria shall be considered
for all fast-food/drive-through establishments:
[1]
Adequate vehicle stacking space shall be provided
throughout the drive-through aisle. As a minimum, five vehicle spaces
shall be provided between the drive-through pickup window and the
menu board, and an additional five vehicle spaces shall be provided
approaching the menu board.
[2]
A bypass lane shall be provided adjacent to the
drive-through lane to permit vehicles to exit the drive-through aisle
at any point prior to the pick-up window.
[3]
Vehicle stacking areas shall in no way interfere
with vehicle or pedestrian circulation patterns. The drive-through
aisles shall be clearly marked and shall be compatible with the orientation
of traffic flow within the site.
[4]
Adequate site distance for safety purposes shall
be provided both on and off-site with regard to all vehicle operations
and maneuvers.
[5]
Configuration of the drive-through aisle shall
be adequate to accommodate vehicle operations through the driveway
aisle and parking areas.
[6]
The location of trash enclosures shall not conflict
with loading areas, drive-through aisles, circulations or parking
areas.
(27)
Gasoline filling stations, provided that the following conditions
are met together with any other applicable requirements of this chapter
and other chapters of the Code of Carneys Point Township:
(a)
For pad sites that are planned as part of a shopping center
but located on a separate lot, the following standard shall apply:
[1]
Minimum pad site area: two acres.
(b)
No gasoline pumps or pump island shall be located within 15
feet of a street property line, and pumps shall be aligned parallel
to the adjacent roadway if possible.
(c)
The pad site shall be designed to provide a minimum five-foot-wide
curbed and landscaped area between the street or property line and
the fuel pump island or building for gasoline service stations. The
design shall be such so that only those vehicles which are waiting
for fuel service can be parked between the curbed area and the pump
island, building or parking area for no more than 10 minutes. The
curbed and landscaped area shall also be provided between all curb
cuts. On a corner lot, the curbed and landscaped areas shall be provided
on both street frontages. All areas not paved or on which a building
or curbing is located shall be landscaped.
(d)
All underground tanks shall meet federal or state standards,
and, on sites which are located on designed aquifer recharge areas,
tanks shall be equipped with secondary containment features.
(e)
Gasoline tank fill lines shall be located so that supply tankers
shall not have to maneuver in the public right-of-way in order to
make deliveries.
(f)
Retail sales of convenience consumer goods shall be permitted,
provided that said sales are not conducted in a building which is
located between parallel pump islands, and further provided that adequate
off-street parking which does not interfere with on-site stacking
of vehicles is available for the convenience store facilities and
employees.
(g)
No portion of a gasoline filling station shall be utilized for
major engine and body repairs, and shall be limited to maintenance
and repair work.
(h)
There shall be no more than two access driveways along any one
street, unless said frontage exceeds 175 feet. In such case, a maximum
of three driveways shall be permitted. The minimum distance between
driveway curb cuts shall be 25 feet, and no curb cut shall be closer
than five feet to an adjacent property line.
(i)
On a corner lot, curb cuts shall be located a minimum of 10
feet from the intersection of street lines.
(j)
Pump island canopies shall not be required to comply with general
setback requirements of the zone, but shall be set back a minimum
of five feet from property lines and shall not exceed 20 feet in height.
(k)
No part of any building, excluding pumps, canopies or kiosks,
shall be nearer than 25 feet to any street line, 20 feet from any
adjacent residentially developed or zoned property or 10 feet from
any nonresidential property line.
(l)
No object or landscaping material exceeding two feet in height shall be placed on a corner lot within the sight triangle determined in accordance with § 185-21, except for the placement of freestanding signs, the minimum clear height of which shall be 10 feet.
(m)
Gasoline filling stations may display the following signs:
[1]
One freestanding sign (in addition to the freestanding
sign permitted for the shopping center) advertising the name of the
station and/or the principal brand of products sold on the premises,
including any company insignia or emblem, provided that such sign
shall not exceed 40 square feet in area on each side, shall be located
not less than 10 feet inside all property lines and shall not exceed
20 feet in height.
[2]
One freestanding price sign that indicates the
price of gasoline to motorists, provided that said sign does not exceed
22 square feet in area on each side and shall be located not less
than 10 feet inside all property lines.
[3]
Lettering, insignias or emblems located on panels
on the sides of pump island canopies, provided that the sign area
shall not exceed 20% of total face area of the canopy. Canopy column
signs shall also be permitted. However, the square footage of said
signs shall be deducted from the permissible sign area on canopy signs.
[4]
One wall sign attached to the face of the building,
provided that said sign area shall not exceed 10% of the wall area.
[5]
Customary lettering or insignia which is a structural
part of a gasoline pump or which is required by law.
[6]
One temporary promotional sign specifically advertising
special sales or servicing prices, provided that said sign does not
exceed 10 square feet in area.
[7]
The use of pennants, flags, banners or similar
decorations, such as whirling displays, are expressly prohibited.
However, said displays shall be allowed for a period of one week to
mark a grand opening.
(28)
Any use not specifically listed above but which is substantially
similar in purpose, function, character and effect to any one of the
issues listed shall be permitted in a shopping center upon approval
by the approving authority.
C.
Accessory uses.
D.
Outdoor eating areas may be established as a permitted accessory
use to permitted restaurants and retail food establishments at the
discretion of the Land Development Board and review of safety hazards,
and in accordance with the following:
(1)
All outdoor dining areas shall allow a minimum of six feet clear
passage between the seats and/or tables and the curb or edge of sidewalk.
(2)
Off-street parking spaces shall be set back 10 feet from the
curb of an outdoor seating area.
(3)
There shall be no tables, chairs, or other obstructions placed
in front of any driveway, parking lot entrance, alley, or other vehicular
or pedestrian thoroughfare or passageway, or placed in a location
that impedes emergency egress from the building.
(4)
Tables and chairs shall only be placed adjacent to the building
in which the dining business is housed and must be on the same pad,
lot or parcel of land upon which such business is located.
(5)
The food served at outside dining tables must be the same food
served by the particular dining business for consumption indoors.
(6)
There shall be no outdoor preparation of food.
(7)
All Board of Health regulations and requirements must be satisfied
prior to the commencement of any outdoor dining.
(8)
All tables and chairs must be placed and maintained in a safe
and orderly manner so as to not present a hazard to pedestrian and
vehicular traffic.
(9)
Bollards, planters, and/or masonry half walls that total three
feet in height maximum shall be used to form the edge of the outdoor
eating area to provide a sense of separation between the outdoor eating
area and pedestrian and vehicular traffic.
(10)
Tables, chairs, and all accessories must be stored inside the
premises when the dining area is not open for use, unless the tables,
chairs, and accessories are either secured to the ground or constructed
with weighted material so that they do not become a rolling projectile.
(11)
Unless previously shown on an approved site plan, no outdoor
dining area shall be permitted until a proposed plan is submitted
to and approved by the Zoning Officer as being in compliance with
this section and not negatively impacting any aspect of the approved
site plan for the site.
(12)
Nothing herein shall operate to permit outdoor dining when such
use of the property is prohibited by the owner of the property or
other rule or regulation. Nothing herein shall operate to vary, alter,
or amend any rule or regulation relating to the sale or consumption
of alcoholic beverages.
F.
Minimum off-street parking and loading.
(2)
Notwithstanding the foregoing, the Land Development Board may
consider the benefits of shared parking for different uses when approving
the comprehensive development plan, in order to reduce unneeded impervious
coverage.
(3)
Off-street loading. In addition to standards set forth in § 212-51, off-street loading and unloading shall be limited to the side and rear of the building and not in a yard adjoining a street or residential zone unless screened from view. For neighborhood shopping centers, off-street loading and unloading shall be set back at least 20 feet from adjacent residential uses or residential zone.
G.
Signs. All general freestanding, facade, and entrance signs shall
be coordinated into an integrated theme. The design of franchise signage
and logos for individual tenants shall integrate their signage into
the architectural theme of their respective buildings and spaces.
Permitted signs and sign areas in connection with shopping centers
shall be as follows:
(1)
Freestanding signs. One freestanding, lighted sign may be permitted
for one shopping center per street frontage not to exceed a height
of 30 feet, and shall be set back from the future street right-of-way
a minimum of 10 feet. One additional freestanding sign may be permitted
at a project entrance for each 500 linear feet of road frontage.
(a)
For regional shopping centers: Freestanding sign(s) shall not
exceed a sign area of 250 square feet each.
(b)
For community shopping centers: Freestanding sign(s) shall not
exceed a sign area of 175 square feet.
(c)
For neighborhood shopping centers: Freestanding sign(s) shall
not exceed a sign area of 100 square feet.
(d)
Freestanding signs shall be skirted to enclose the supporting
pole or pylon of the sign. The skirting shall extend the full dimensions
of the sign at its lower edge from ground to sign. The skirting shall
not be included in the sign area calculation unless it displays a
message. The area used to display the street address shall be exempted
from the sign area calculation.
(e)
The base of the freestanding sign shall be liberally landscaped
with a combination of shrubs, ground cover, flowers, or other plant
material.
(f)
For shopping centers with frontage on a highway or interstate,
one additional sign of 400 square feet and 50 feet in height shall
be permitted.
(2)
One freestanding ground (monument) sign shall be permitted per
street frontage on an arterial or collector road with an entrance
drive to the site in lieu of a freestanding pylon-type sign.
(a)
Regional shopping center: A ground sign shall be permitted,
such that the maximum sign area not exceed 150 square feet, the sign
be set back at least 15 feet from the front, side and rear property
lines and the sign not exceed a height of 15 feet above grade.
(b)
Community shopping center: A ground sign shall be permitted
such that the maximum sign area not exceed 100 square feet, the sign
be set back at least 10 feet from the front, side and rear property
lines, and the sign not exceed a height of 12 feet above grade.
(c)
Neighborhood shopping center: A ground sign shall be permitted
such that the maximum sign area not exceed 50 square feet, the sign
be set back at least five feet from the front, side and rear property
lines, and the sign not exceed a height of 10 feet above grade.
(3)
Freestanding uses shall be permitted one freestanding sign which
shall not exceed 10 feet in height and shall be set back from the
future street right-of-way a minimum of 10 feet and shall not exceed
40 square feet in area for each of two sides. Such signage may be
illuminated.
(4)
Building-attached signs. Each tenant in a shopping center may
have building-attached signage on each road or parking lot frontage
not to exceed a total of three square feet for each linear foot of
store frontage or up to 5% of the area of the facade, whichever is
less, exclusive of the aggregate freestanding sign area permitted.
Such signage shall be exclusively located along the store frontage(s),
being that portion of the store serving as the primary entryway(s)
for customers, and generally facing the majority of the customer parking
spaces and driveway(s). Such signage may be illuminated.
(5)
Animated or moving signs. No animated, flashing or moving signs
shall be permitted, except for the required movement of time and temperature
displays.
(6)
Where the businesses are connected by a common walkway covered
by a roof, each business may have one sign suspended from the ceiling
perpendicular to the front wall of the building. Suspended signs shall
be the same height, dimension and alignment as all other suspended
signs above the covered walkway. Said signs shall be 7.5 feet at their
lowest point to the finished grade below them, shall have a vertical
dimension no greater than 1.5 feet and shall not exceed eight square
feet in area, and the center of the sign shall be above the center
of the walkway. Such signage may be illuminated.
(7)
Traffic signs. Each shopping center may have traffic direction
signs at each entrance and exit, in the parking lot and at other locations
in the circulation system for the purposes of traffic safety (stop,
yield, no parking, one-way, handicapped, etc.). These signs shall
be shown on the approved site plan and shall conform to New Jersey
Department of Transportation specifications if applicable. Entrance
and exit signs at driveways onto public streets may have one entrance
and one exit sign where, in the judgment of the approving authority,
said signage is appropriate given the nature of the public street
and the design of the driveway(s). Said signs shall not exceed six
square feet in area, shall have a maximum of 2.5 feet in height and
shall be set no closer to the road than the future street right-of-way.
(8)
Sale signage. Upon approval and issuance of a temporary outdoor
sign permit by the Zoning Officer, stores in a shopping center may,
singly or collectively, display temporary special sale-day signs outdoors
for no longer than one-week preceding the first sale day and continuing
during the period of the sale but, in any event, no more than two
weeks total for each sale. Each business shall be limited to a maximum
of four occurrences per calendar year and each occurrence shall be
limited to the installation of special sale-day signage for a maximum
of two weeks. Special sale-day signs shall be limited to two one-sided
signs (or one sign with two sides) with a maximum total area of 32
square feet for each side, and said signage shall be allowed in addition
to other permitted signs, provided that the applicant shall provide
a sketch, to scale, of the special sale-day sign and its location
no farther than 10 feet from the store entrance, but in any event
not in a sight triangle or other location interfering with proper
driver sight distance, and shall pay a fee as required in this chapter.
Special sale-day signage shall not include banners, flags, balloons,
streamers, spotlights or other types of advertising or devices to
attract attention.
(9)
Grand opening signs. In addition to other signage permitted
above, the opening of a new business shall be entitled to special
grand opening flags and signs by the issuance of a temporary outdoor
sign permit by the Zoning Officer. No grand opening sign shall remain
displayed for more than 14 days, beginning on the initial grand opening
day. These temporary signs shall be attached to the ground, shall
have no portion of the sign more than six feet above grade, shall
be no more than 40 square feet in area, shall be in a landscaped area,
shall be outside of any sight triangle, shall be no closer than 20
feet to the street right-of-way and, if lighted, shall have exterior
lights shielded so that the light source cannot be seen by either
drivers on adjacent roads or driveways or by residential neighbors.
No more than three flags are permitted as part of the special grand
opening signage, with at least one flag being the United States Flag.
Said flags shall be mounted on poles as follows: a pole 25 feet high
with flags not exceeding dimensions of four feet by six feet; or a
pole 20 feet high with flags not exceeding dimensions of three feet
by five feet.
(10)
Sign content. The content or advertising which may be displayed
on signs shall be limited to the identification and location of the
premises, and identification of its owners or occupants, unless specified
otherwise herein.
(11)
Unit numbers shall be displayed on the entrances and exits of
each unit.
(12)
Any sign, sign frame, sign affixed to a building, root-mounted
sign, flag pole, light pole, heating or air-conditioning units shall
be constructed and installed in accordance with the present building
code adopted by the State of New Jersey.
H.
Awnings and canopies.
(1)
Fixed or retractable awnings are permitted at ground floor level,
and on upper levels where appropriate, provided they complement a
building's architectural style, and are compatible with its materials,
colors and details. Awning shapes shall reflect the shape of the top
of the opening to which they relate.
(2)
Awnings and canopies shall not extend less than eight feet from
above the sidewalk.
(3)
On buildings with multiple storefronts, compatible awnings should
be used as a means of unifying the structure.
I.
Design standards. The following design standards shall be followed:
(1)
A comprehensive site plan for the entire tract must be approved
as part of the preliminary site plan approval.
(2)
If a shopping center is built in phases, each phase shall include
an appropriate share of the proposed streets and circulation system,
lighting, landscaping and outdoor spaces, screening and other site
amenities of the entire project and that they are functional. The
extent of these improvements shall be determined for each phase of
a specific project at the time of development approval and may not
be based solely upon a proportional or equal share of the entire site.
Requirements for a phased project may include off-site improvements.
(3)
Exterior materials shall be selected for suitability to the
type of buildings and the design for which they are to be used and
shall be compatible between buildings.
(4)
Buildings on corner lots shall be considered more significant
structures, since they have at least two front facades visibly exposed
to the street. If deemed appropriate by the Board, such buildings
may be designed with additional height and architectural embellishments
relating to their location.
(5)
Ground level utility cabinets shall be landscaped or fenced
to screen from view subject to the utility company's requirements.
(6)
Shopping centers shall provide a pedestrian walk along the front
building facades of anchor stores and all buildings connected to the
anchor stores, having an average width of 12 feet. Changes in the
surface material used, pattern, and/or color are encouraged, but not
required, in order to define each storefront or to identify pedestrian
crosswalks. Street furniture, such as benches, planters and trash
receptacles, shall be provided in appropriate locations along the
walk.
(7)
Outdoor courtyards, plazas, squares or greens are encouraged,
but not required for shopping centers in an effort to serve as public
gathering points and a visual focus. Distinguishable features may
be part of the outdoor area, such as fountains, statues, public art
or sculpture, ponds and other forms of artwork or landscaping features
with seating arrangements, to promote a comfortable environment for
social gatherings.
(8)
Shopping cart holding areas shall be interspersed throughout
parking areas which serve single retail uses with a gross floor area
over 50,000 square feet. Such shopping cart holding areas shall be
located adjacent to barrier-free parking spaces where possible.
(9)
All buildings shall be arranged so as to be accessible to emergency
vehicles.
J.
Landscaping. Landscaping shall be designed as an overall pattern
throughout the site, integrating the various elements of site design,
preserving and enhancing the particular identity of the site, and
creating a pleasing site character. Landscaping may include plant
materials such as trees, shrubs, ground cover, perennials and annuals,
and other materials such as rocks, water, sculpture, art, walls, fences,
and building and paving materials.
(1)
All areas not utilized for building, parking, loading, access
aisles and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition.
(2)
The periphery of all buildings and the yard areas not covered
by parking shall be suitably landscaped. Such landscaping shall employ
low maintenance, hardy shrubs, hedges, ground covers and trees as
well as gravel, mulches, decorative concrete and brick. At a minimum,
the equivalent of at least two shrubs and one shade or ornamental
tree of two inches and 2 1/2 inches caliper or greater shall
be provided for each 1,000 square feet of nonresidential gross leasable
floor area proposed in the shopping center. Existing healthy specimen
trees may be included in satisfying these requirements. These plantings
shall be inclusive of any other landscaping requirements including
landscaping of off-street parking areas and buffer areas.
(3)
The overall landscaping plan should screen off-street parking,
service and utility areas. The plan should provide for a variety of
different species to protect against disease attacking all the trees.
A variety should be selected with consideration for various seasons
and of different colors, textures, shapes, blossoms and foliage.
(4)
The plan should be particularly sensitive to local soil conditions,
lack of or overabundance of water, topography and climatological factors.
(5)
A landscaped buffer of not less than 25 feet in width shall
be provided as part of the entire landscaping requirement adjacent
to any street line or any common property line adjacent to a residential
district, when otherwise required by this chapter.
(a)
Buffers may be comprised of earth berms, fences, and landscaping,
which shall be of a sufficient quantity and size to screen parked
automobiles from view of those traveling on public streets or sidewalks
and to prevent the shining of automobile headlights into the yards
of adjacent property or in such a manner as to create a hazard for
those traveling on a public street or sidewalk.
(b)
In general this buffer shall provide a visual screen between
parking areas in the immediate vicinity of a street and those traveling
along the street or sidewalk with materials no less than four feet
above the finished grade of the parking areas.
(c)
Shade trees shall be provided in the buffer at the rate of one
tree per 1,250 square feet of buffer area.
(d)
Buffering design is to ensure a year-round high and low visual
screen and consist of evergreen and deciduous trees and shrubs.
(e)
More than one species of evergreen and deciduous trees is to
be provided to reduce the effects of potential tree disease.
(6)
Landscaping in parking lots. All parking lots over 5,000 square
feet for shopping centers shall conform to the following design standards:
(a)
All parking lot landscaping shall be of such quality as to improve
and enhance the site and its surrounding areas. Appropriate places
for landscaping include the raised walkways or sidewalk areas, at
the end of bays, and in specific planting islands established throughout
the lots.
(b)
The primary landscaping materials used in parking lots shall
be trees which provide shade or are capable of providing shade at
maturity. Shrubbery, hedges and other planting material may be used
to complement the tree landscaping but shall not be the sole contribution
to the landscaping. Effective use of earth berms and existing topography
is also encouraged as a component of the landscape plan.
(c)
The landscaping and planting areas shall be reasonably dispersed
throughout the parking lots. Trees should be a mixture of flowering,
decorative, evergreen and deciduous. Trees in parking areas should
be clumped at critical corners or areas to break up the mass of cars
apparent to the eye. They should also be located with care so as not
to obstruct the vision of the driver.
(d)
The interior dimensions of any planting area or planting median
shall be sufficient to protect the landscaping materials planted therein
and to insure proper growth.
(e)
In those instances where plant material exists on a parking
lot site prior to its development, such landscape material may be
used if approved as meeting the requirements of this section.
(f)
Not less than 10% of any parking lot over 5,000 square feet
shall be landscaped with shrubs no higher than four feet when fully
grown and/or with trees with lower branches removed so as not to cause
traffic hazards.
(g)
The landscaping should be located in protected areas, such as
along walkways, in center islands, at the end of bays, or in diamonds
between parking stalls. It is encouraged to design center islands
in combination with pedestrian walkways so that they provide a common
pathway from the off-street parking spaces towards the main entrances
of the building(s).
(h)
Planting beds shall have a minimum width of five feet.
K.
Lighting. All site lighting shall be designed, oriented and selected
to prevent glare upon surrounding properties or roadways, and in accordance
with the following:
(1)
All lighting standards, except pedestrian lighting, shall not
exceed a maximum height of 40 feet or the height of the building facade,
whichever is less.
(2)
Pedestrian lighting shall be low or mushroom-type standards
located along pedestrian walkways. The maximum height of the pedestrian
lighting shall not exceed 10 feet.
(3)
Lighting intensity.
(a)
Parking lots shall maintain an average of 2.0 footcandles throughout,
with a minimum 1.0 footcandle. The maximum intensity at the parking
lot edge shall not exceed 0.6 footcandle. If the parking lot is adjacent
to a residential use or zone, then the maximum footcandle at the parking
lot edge shall not exceed 0.25 footcandle.
(b)
Pedestrian walkways shall maintain a minimum of 3.0 to 5.0 footcandles.
(c)
Exterior downlighting affixed to buildings shall be part of
the architectural concept and the light source shall be shielded from
public view.
M.
Environmental impact statement. At the time of the submission of a site plan, an environmental impact statement shall be submitted in accordance with § 212-65.
N.
Traffic impact study. At the time of the submission of a site plan,
the applicant shall submit a traffic impact study and shall contain
the existing and anticipated future peak hour flows and address the
adequacy of roads/intersections affected by the proposed development.
O.
Maintenance. Appropriate provision shall be made for private maintenance
of interior roads and streets, including all snow and ice removal,
and all buildings and land areas not dedicated to the Township. Such
services shall be performed at the owner's expense.
P.
Solid waste storage and recycling.
(1)
All solid waste shall be placed in metal containers. If said containers are not fully enclosed or stored inside a building, then they shall be enclosed on three sides by a solid uniform fence or wall in accordance with § 212-54.
(2)
The trash enclosure shall not be located within any front yard
area or so as to interfere with traffic circulation or the parking
of vehicles.
(3)
All trash enclosures are to be provided with adequate landscape
buffering and separated from any adjacent access drive or parking
area by a depressed curb.
(4)
The refuse storage area shall be suitably located and arranged
for access and ease of collection and shall not be part of, restrict
or occupy any parking aisle and shall not be located further than
300 feet from the entrance to any unit which it is intended to serve.
Q.
Outside storage. Outdoor storage of raw materials or products incidental
to a permitted principal use in shopping centers is permitted in a
side or rear yard only, provided said outdoor storage area is reasonably
screened from view from all streets and adjacent properties by fences,
walls, plantings or a combination of all three and further provided
that the area devoted to such outdoor storage is set back at least
25 feet from any property line which is also a residential district
boundary line and 10 feet from any property line abutting a nonresidential
use or nonresidentially zoned property.
R.
Sustainable development/"GREEN" design/LEED incentive program.
(1)
In order to encourage sustainable development and "GREEN" design,
the following incentives are offered:
(a)
Incentives to be determined.
(2)
The Land Use Board will consider the incentives listed above
for all proposed new shopping centers that commit, as a condition
of site plan approval, to obtaining a base-level certification under
LEED (Leadership in Energy and Environmental Design).
[Added 8-1-2012 by Ord. No. 871]
A.
Purpose. The purpose of this section is to encourage the use of renewable
energy facilities to produce electricity within the Township and to
reduce dependence on nonrenewable fuels in a manner consistent with
the Township's land use and environmental goals and objectives.
B.
General requirements.
(1)
Solar energy facilities may be ground-mounted and/or mounted
to principal and accessory structures and buildings.
(2)
All roof-mounted solar energy systems are considered an accessory
use.
(3)
Solar panels shall not be included in the calculation of lot
or building coverage unless the area under the system (excluding the
footings) consists of an impervious material.
(4)
The design of the systems and the accessory structures and other
improvements (driveways, etc.) shall comply with all Township stormwater,
grading, and soil disturbance regulations.
(5)
Ground-mounted solar facilities shall provide soil stabilization
and ground cover under and around the arrays in the form of a mix
of grasses containing a minimum sixty-percent fine fescues that are
shade and drought tolerant. Vegetation shall be maintained so that
it is no closer than 12 inches from any solar panel. The use of stone
or herbicides for the ongoing maintenance of the ground cover shall
be prohibited. Ground cover for residential installations of solar
panels which are less than 1,500 square feet in size may include either
the vegetated grasses as set forth herein or crushed stone or gravel.
[Amended 8-21-2013 by Ord. No. 879]
(6)
To the extent practical, solar panels and wind turbines must
be sited to minimize the need to remove trees or other natural features
from setback areas unless acceptable replacement buffering is provided.
Trees within 50 feet of property lines must be maintained as a buffer.
For principal uses, trees proposed for removal in order to maximize
the productivity and efficiency of the solar energy system or for
grading must be identified on the site plan. Trees may not be removed
from wetlands or required wetland buffer areas unless a tree replacement
plan or buffer averaging plan is approved by the NJDEP.
(7)
Site disturbance, including but not limited to grading, soil
removal, excavation, and soil compaction, shall be minimized to the
extent practical. Roadways within the site should likewise be constructed
to minimize the extent of soil compaction.
(8)
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access as required by the relevant building
and electrical codes.
(9)
The renewable energy system shall not be used for displaying
advertisements for any product or service, except for the reasonable
identification of the manufacturer or operator of the system.
(10)
Abandonment.
(a)
A renewable energy facility that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
(b)
The Zoning Officer may issue a notice of abandonment to the
landowner. The notice shall be sent via regular and certified mail,
return receipt requested, to the landowner of record.
(c)
The landowner shall have 30 days to respond. If information
is provided demonstrating that the facility has not been abandoned,
then the zoning officer shall withdraw the notice.
(d)
Any abandoned facility shall be removed at the landowner's sole
expense within six months after the landowner receives the notice
of abandonment from the municipality. If the facility is not removed
within six months of receipt of notice from the Township notifying
the landowner of such abandonment, the Township may remove the facility
as set forth below.
(e)
When a landowner of a renewable energy facility has been notified
to remove same and has not done so six months after receiving said
notice, then the Township may remove such facility and place a lien
upon the property for the cost of the removal. If removed by the landowner,
a demolition permit shall be obtained and the facility shall be removed.
Upon removal, the site shall be cleaned, restored and revegetated
to blend in with the existing surrounding vegetation at the time of
abandonment.
(11)
Applicants are encouraged to enter into solar easements with
neighboring landowners in order to ensure continuing access to sunlight
for a solar or photovoltaic system.
(12)
The installation shall conform to the National Electrical Code
as adopted by the New Jersey Department of Community Affairs (DCA).
(13)
The installation of a renewable energy facility is subject to
all Atlantic City Electric Company's (or its successor) requirements
for interconnection.
(15)
Prior to the installation of any solar energy facility, the
issuance of a zoning permit and construction permit shall be required.
C.
Accessory renewable energy facilities.
(1)
The primary purpose of an accessory renewable energy facility
is to provide power to the principal use of the property whereon said
facility is located, as an accessory use. The primary purpose of an
accessory renewable energy facility under this section shall not be
for the generation of power for sale, although this provision shall
not be interpreted to prohibit the sale of excess power back to the
utility grid from time to time from an accessory renewable energy
facility primarily designed to meet the energy needs of the principal
use on the property. For the purposes of this section, the sale of
excess power shall be limited so that in no event an accessory renewable
energy facility is generating more energy for sale each month than
the equivalent of what is otherwise necessary to power the principal
use on the property.
(2)
All accessory renewable energy facilities require approval from
the Zoning Officer and Construction Official prior to installation.
Applications for an accessory renewable energy facility shall include
information demonstrating compliance with the provisions of this section.
In the event that the zoning officer or Construction Official finds
that the provisions of this section will not be satisfied, an applicant
may apply to the Planning Board for a variance in accordance with
the provisions of Municipal Land Use Law (N.J.S.A. 40:55D-70).
(3)
Accessory renewable energy facilities on farms. Accessory wind
and solar energy facilities are permitted on preserved and unpreserved
farms in any zoning district in accordance with P.L. 2009, c. 213
(approved on January 16, 2010), which permits solar and wind generation
facilities, structures, and equipment on the commercial farm or within
the exception area on a preserved farm, for the purpose of generating
power or heat. Prior to the installation of a renewable energy facility,
the landowner must apply to the New Jersey Department of Agriculture
as required by Section 5 of P.L. 2009, c. 213.[1]
(a)
For preserved farms the following standards apply:
[1]
The accessory wind and solar energy facilities
may not interfere significantly with the use of the land for agricultural
or horticultural production.
[2]
The accessory wind and solar energy facilities
shall be owned by the landowner or will be owned by the landowner
upon the conclusion of a term of agreement with the installer of the
facility.
[3]
The accessory wind and solar energy facilities
shall be used to power or heat the farm and to reduce energy costs
on the farm.
[4]
The energy generation capacity shall be limited
to the previous calendar year's energy demand plus 10% or at the option
of the landowner may be limited to occupy no more than 1% of the area
of the entire farm (including the preserved and unpreserved areas).
This does not include preexisting roof-mounted equipment in place
at the time of the adoption of this section.
[5]
Energy produced may only be sold through a net
metering system to ensure that the energy produced is primarily used
on site.
[6]
The landowner shall seek and obtain approval of
the New Jersey State Agriculture Development Committee (SADC) before
constructing, installing or operating the accessory wind or solar
energy facilities. The landowner shall provide Carneys Point Township
with a copy of the approval.
(b)
For unpreserved farms, the following standards apply:
[1]
All requirements in § 212-48.5C(3)(a) above, except for Subsection C(3)(a)[6].
[2]
In addition to other activities protected by the
"right to farm," a farm that conforms to generally accepted agricultural
management practices (AMPs) may engage in the generation of power
or heat from biomass, solar or wind energy consistent with applicable
laws and the agricultural management practices adopted by the New
Jersey State Agriculture Development Committee (SADC).
[4]
The landowner shall obtain approval from the Salem
County Agricultural Board.
[1]
Editor's Note: See N.J.S.A. 4:1C-32.5.
(4)
Accessory wind energy facilities.
(a)
Wind energy facilities are a permitted accessory use in specified
zoning districts subject to the following requirements:
[1]
The lot must be a minimum of one acre in size,
provided that the lot shape and dimensions are sufficient to meet
the setback requirements below.
[2]
Minimum setbacks. All wind turbines shall be set
back from all property lines a distance equal to 100% of the height
of the structure, including the blades, or 100 feet, whichever is
greater.
[3]
Wind turbines shall not be permitted in any front
yard.
[4]
Maximum height. Wind turbines shall not exceed
a height of 80 feet on lots between one acre and three acres. On lots
consisting of greater than three acres or more, the maximum height
permitted is 150 feet. The maximum height shall include the height
of the blades at the highest point.
[5]
No more than one wind turbine shall be permitted
per property, unless the wind turbines are used to power a farm where
more than one is required.
[6]
Wind turbines shall not be permitted as a rooftop
installation.
[7]
Wind turbines on residential properties shall have
the nameplate capacity of 100 kilowatts or less.
(b)
Noise. All wind energy facilities shall comply with the following:
[1]
Between the wind turbine and a residential use
or residential zone, sound levels of the wind energy system shall
not exceed 55 dBA at a common property line or 50 dBA to the closest
occupied structure.
[2]
In all other cases at a common property line, sound
levels of the wind energy system shall not exceed 65 dBA.
[3]
These levels may be exceeded during short-term
events such as utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent overspeeding and excessive pressure on the
tower structure.
(d)
Accessory wind energy facilities shall not be artificially lighted,
except to the extent required by the Federal Aviation Administration
(FAA) or other applicable authority. Proposed lighting should be shown
on the plan and shall be in accordance with FAA regulations.
(e)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
(f)
All moving parts of the accessory wind energy facility shall
be a minimum of 12 feet above ground level.
(g)
The blades on the accessory wind energy facility shall be constructed
of a corrosive resistant material.
(h)
All guy wires and all parts of the accessory wind energy facility
shall be located on the same lot as the facility.
(i)
All equipment must be painted or finished to minimize visual
impact. Neutral colors are required, such as white, gray or beige.
(j)
Approval required. All applications for accessory wind energy
facilities shall be presented to the Planning Board for minor site
plan approval.
[1]
Permit and site plan requirements. In addition
to other normally required application materials for site plan applications
as set forth in the Land Development Checklist, 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 accessory wind energy
facility tower;
[d]
The location of the right-of-way of any public
road that is contiguous with the property;
[e]
The location of overhead utility lines;
[f]
Equipment specifications, including manufacturer
and model, rotor diameter, tower height, tower type (freestanding
or guyed);
[g]
Tower and tower foundation drawings signed and
sealed by a professional engineer licensed in the State of New Jersey;
[h]
Sound level analysis prepared by the wind turbine
manufacturer or qualified engineer, including noise levels of the
proposed facility at all property lines and the closest neighboring
inhabited dwelling.
[i]
A visual analysis must be submitted, including
photos of the subject property, that graphically simulates the appearance
of any proposed facility and indicating its view from at least five
locations around and within one mile of the proposed tower;
[j]
A report from a structural engineer containing
the following: a description of the tower, including a description
of the design characteristics and material; and documentation to establish
that the tower has sufficient structural integrity for the proposed
uses at the proposed location and meets the applicable minimum safety
requirements. The applicant shall provide evidence that the proposed
tower height does not exceed the height recommended by the manufacturer
for the wind turbine.
[k]
Every two years the landowner shall submit a maintenance
report to the Construction Official attesting to the structural integrity
of the tower and/or support system. If the Construction Official has
a reason to believe that any portion of the system is deficient, as
a result of an analysis of the report or through personal observation,
the Construction Official shall take all appropriate actions necessary
to resolve and correct the deficiency.
(5)
Accessory solar energy facilities.
(a)
Solar panels shall be permitted as a rooftop installation in
any zoning district. The solar panels shall not exceed a height of
12 inches from the surface of the roof. Roof-mounted solar panels
shall not be included in calculation of building height.
(b)
Solar panels shall be permitted as ground arrays in accordance
with the following:
[1]
All ground arrays shall be set back a minimum distance
of 20 feet from all property lines in addition to any required agricultural
buffer in a residential zoning district or in conformance with the
bulk standards for accessory structures in commercial districts as
provided herein. Ground arrays shall not be permitted within any required
buffer area.
[2]
Ground arrays shall not be permitted in a front
yard.
[3]
Ground arrays shall not include reflective mirrors
to intensify solar rays.
[4]
Ground arrays shall not exceed a height of 13 feet,
except where mounted over a surface parking lot, in which instance
they shall not exceed a height of 20 feet.
[5]
Ground arrays shall not exceed a gross area of
1,000 square feet in residential zones or areas, except where mounted
over a surface parking lot, in which instance the gross area shall
not exceed the area of the parking lot used for residential purposes.
[6]
Existing landscaping and lighting provided for
the parking lot shall be retained. Additional lighting may be required
to provide for adequate lighting beneath the ground array.
[7]
Where mounted over a parking lot, the arrays shall
be designed in such a manner that rainwater and melting precipitation
shall not be deleterious to pedestrians and vehicles under the arrays,
nor to the ground surface, landscaping or other features surrounding
the parking lot.
[8]
Ground arrays may exceed 1,000 square feet in nonresidential
zones, subject to site plan approval from the Planning Board.
D.
Commercial solar energy facilities.
(1)
Purpose. The primary purpose of a commercial solar energy facility
is to produce energy from renewable sources for sale directly to a
particular customer or by distribution through the energy distribution
infrastructure (the grid).
(2)
Requirements for commercial solar energy facilities.
(a)
Minimum lot size: 10 acres.
(b)
Buffers. If the property is adjacent to a permanently preserved farm, it shall buffer the solar facility from view with an opaque landscaped screen consisting of a double row of evergreen trees, a minimum of eight feet high at the time of planting. Agricultural buffers must be maintained where required in accordance with § 212-56.1. However, for equipment and nonbuilding structures, the agricultural buffer and the setbacks in Subsection D(2)(g) below need not be aggregated. Rather, the greater of the setbacks applies. For example, if the agricultural buffer required is 50 feet and the setback is 50 feet, the required setback is 50 feet (not 100 feet).
(c)
Minor site plan approval shall be required if the gross area
of ground-mounted systems, including the aggregate area of disturbance
for multiple systems, consists of less than 5,000 square feet.
(d)
Major site plan approval if the proposal consists of 5,000 square
feet or more of disturbance.
(e)
The site plan must show the location of any proposed or existing
substation, inverter, transformer, or overhead transmission lines.
(f)
The solar energy facility equipment may be located outside as
necessary for the function of the system and is not limited by the
requirements of the underlying zoning districts limiting outdoor storage.
(g)
Buildings, structures, inverters and equipment cabinets must
meet the following bulk and setback requirements:
[1]
Front yard setback: 100 feet.
[2]
Rear yard and side yard setback to residential
zone: 100 feet.
[3]
Rear yard and side yard setback to nonresidential
zone: 50 feet.
[4]
Maximum building height: 25 feet.
[5]
Ground arrays must be set back a minimum of 50
feet from all property lines (or the agricultural buffer distance,
whichever is greater).
(h)
The maximum permitted height for ground arrays is 13 feet.
(i)
Substations shall be set back a minimum of 100 feet from all
property lines and must be buffered with evergreen trees.
(j)
Ground-mounted systems shall be screened from view with an opaque
visual screen containing a combination of plantings, a fence and/or
earthen berm, which must be approved at the time of site plan approval.
(k)
Evergreen trees shall be a minimum of six feet at the time of
planting, and deciduous trees shall be a minimum of three inches caliper.
(l)
The screened buffer area shall be a minimum of 30 feet in width
to adjacent residential properties and 20 feet in width between nonresidential
properties and along public roads.
(m)
In addition to the perimeter screening standards, substations
shall be screened with a double row of evergreen plantings with a
minimum height of eight feet.
(n)
Existing vegetation, including existing hedgerows or windbreaks,
shall be retained to the extent practical to provide or partially
provide the required opaque visual screen.
(o)
The applicant must submit a narrative with the site plan application
explaining:
[1]
The intended consumers of the electricity produced;
[2]
The anticipated number of employees at the site
and the anticipated vehicle traffic;
[3]
Description of how the energy generated by the
facility will be transmitted to the larger electrical distribution
system;
[4]
The type of solar or photovoltaic panels proposed;
[5]
How the facility will be maintained.
(p)
In addition to other required site plan information, the site
plan must illustrate the following:
[1]
The location of proposed and existing overhead
and underground utility and transmission lines;
[2]
Location and dimensions of any proposed or existing
substations, inverters or transformers;
[3]
Description of any necessary upgrades or modifications
to existing substations or the necessity for a new substation.
(q)
One off-street parking space is required for each employee anticipated
during the busiest shift, plus one visitor space.
(r)
All exterior electrical lines must be placed in a conduit pursuant
to National Electrical Code except for such portion of lines that
are connecting or will connect to overhead wires for the use of electricity
off site, and, except to such portion of lines that are connecting
or will connect to overhead wires for use of electricity off site,
exterior electrical lines shall be buried below the surface of the
ground where needed in order to comply with the National Electrical
Code or standards or regulations promulgated by DCA or the New Jersey
Board of Public Utilities.
(s)
Eight-foot-high black-vinyl-clad chain-link fencing shall be
provided for security purposes around the entire perimeter of the
facility.
(t)
All new utility lines shall be installed underground.
[Added 7-21-2021 by Ord.
No. 983; amended 6-15-2022 by Ord. No. 1004]
A.
Purpose. To provide for the placement of cannabis and medical cannabis
establishments in suitable locations within the Township of Carneys
Point in order to minimize potential adverse impacts of such facilities.
B.
Definitions.
(1)
Unless otherwise indicated, terms used throughout this section
shall be defined as they are in Section 3 of the P.L. 2021, c. 16,
known as the "New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act" (the "Act"),[1] and Section 3 of the Jake Honig Compassionate Use Medical
Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L.
2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
C.
Site plan reviews are required for all adult-use and medical cannabis establishments as set forth in § 212-65.
E.
Locational requirements.
(1)
Adult-use cannabis retailers shall not be located or advertised
within a drug-free school zone (within 1,000 feet of a school property
boundary line), 1,000 feet of a public park and places of worship
(i.e., churches, synagogues, mosques, etc.), which shall be measured
from the property line. Cultivation, manufacturing, distribution,
delivery and testing facilities are not subject to this provision.
(2)
No adult-use retail establishment shall be permitted to be located
within 1,500 feet from another adult-use retail establishment, which
shall be measured from the property line.
(a)
Stand-alone cultivation centers and manufacturing facilities
are not included within this prohibition as long as the secured facility
does not contain a dispensary or have public access. Signage for the
cultivation center or manufacturing facility shall remain innocuous
and part of the general directional signage typically found in industrial
manufacturing facilities. Facade signs will be limited to those at
the point of entry to the facility and may not be more than six square
feet.
(3)
In the event more than one land use application for a dispensary,
cultivation center or manufacturing facility of the same classification
are submitted to the Township in close proximity to one another, and
if the applications comply with all the requirements of this chapter
and the Act, the Township is not permitted to approve all of the applications
because of the limitations set forth in this subsection. The Township
shall first review for approval the application that was first submitted
and determined to be a complete and compliant application by the Township
Engineer, Township Planner, or Zoning Officer.
F.
Specific requirements. In addition to pertinent requirements of implementing
regulations of the Cannabis Regulatory Commission ("Commission"),
cannabis establishments shall comply with the following:
(1)
All aspects of a medical cannabis or cannabis establishment
relative to the acquisition, cultivation, possession, processing,
sales, distribution, dispensing, or administration of cannabis, products
containing cannabis, cannabis accessories, related supplies, or educational
materials shall take place at a fixed location within a fully enclosed
building dedicated to the cultivation of cannabis and shall not be
visible from the exterior of the business.
(2)
No unprotected storage of cannabis or related supplies or materials
is permitted.
(3)
All Township sign regulations must be complied with.
(4)
Cannabis businesses must limit signage to text on external signage.
Use of graphics shall be limited to the logo for the business so long
as it does not include a cannabis plant leaf and outward glorification
of cannabis consumption.
(5)
Cannabis business signage shall not display on the exterior
of the facility or windows advertisements for cannabis or a brand
name except for purposes of identifying the building by the permitted
name.
G.
Use regulations. In addition to pertinent requirements of implementing
regulations of the Cannabis Regulatory Commission ("Commission"),
cannabis establishments shall comply with the following:
(1)
Uses under this section and within the Carneys Point Township
Code shall only consist of the uses and activities permitted by their
definition under state law.
(2)
Cannabis consumption areas are prohibited within the Township
of Carneys Point.
(3)
No cannabis (medical or adult-use) shall be smoked, eaten or
otherwise consumed or ingested on the premises of a licensed cannabis
establishment.
(4)
Retail sales of cannabis products and opening of the premises
to the public shall occur only during the hours of 8:00 a.m. to 10:00
p.m., Monday through Sunday.
H.
Security and reporting.
(1)
Security systems must be in place, along with a 24/7 recording
system that records for a minimum thirty-day archive. This system
shall be shared with the Carneys Point Police Department via web browser.
Outside areas of the premises and the perimeter shall be well lit.
The Carneys Point Police Department shall be provided the name and
phone number of a staff person to notify during suspicious activity
during or after operating hours. Security staff is required on the
premises during all hours of operation.
(2)
The premises must only be accessed by authorized personnel and
free of loitering.
(3)
Security personnel must be present during times of operation.
I.
No beer or alcohol on premises. No fermented malt beverages and no
alcoholic beverages shall be kept, served or consumed on the premises
of a cannabis business.
J.
Storage of products. All products and accessories shall be stored
completely in accordance with the enabling Act and the permitting
authority regulations.
K.
Storage of currency. All currency over $1,000 shall be stored within
a separate vault or safe, not used for the storage of medical cannabis
or adult-use cannabis, securely fastened to a wall or floor, as approved
by the Township of Carneys Point Police Department.
L.
Prevention of emissions and disposal of materials.
(1)
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting the cannabis business
premises shall be provided at all times. In the event that any debris,
dust, fluids or other substances shall exit the business premises,
the property owner and operator shall be jointly and severally responsible
for the full cleanup immediately.
(2)
Businesses shall properly dispose of all materials and other
substances in a safe and sanitary manner in accordance with state
regulations.
(3)
As applicable, cannabis businesses shall be equipped with odor
control filtration and ventilation systems based on the then-current
industry specific best control technologies and best management practices
sufficient in type and capacity to eliminate cannabis odors emanating
from the interior to the exterior of the premises discernible by reasonable
persons. The ventilation system must be inspected and approved by
the Construction Official.
(4)
All state regulations concerning ventilation systems shall be
followed.
(5)
Additional regulations may be imposed as part of site plan review.
M.
Submittal requirements. Above and beyond the standard application
for site plan review, an application under this section shall include
the following:
(1)
Copies of all required licenses or registrations issued to the
applicant by the State of New Jersey and any of its agents for the
facility.
(2)
Evidence that the applicant has site control and the right to
use the site for a facility in the form of a deed, lease or purchase
and sale agreement, and a signed statement from the property owner.
(3)
In addition to what is normally required by site plan review,
submittal shall also include details showing all signage. Exterior
proposed security measures for the premises, including cameras, lighting,
fencing, gates and alarms, etc., ensuring the safety of employees
and patrons and to protect the premises from theft or other criminal
activity.
N.
Compliance with other codes. Any cannabis business and the adjacent
grounds of the cannabis business shall comply with all zoning, health,
building, fire, and other codes and ordinances of the Township as
shown by completed inspections and approvals by the Township Planner,
Township Engineer, Construction Division, Fire Safety Division, and
the Township of Carneys Point Health Department, if applicable.
O.
No harm to public health, safety or welfare. The premises of a cannabis
business, and any adjacent grounds thereto, shall be operated in a
manner that does not cause any substantial harm to the public health,
safety and welfare.
P.
Additional requirements. The Township may impose on the applicant
for a cannabis business any condition or fee related to the proposed
use that is reasonably related to the protection of the public health,
safety or welfare, not inconsistent with the permitting authority
requirements, including but not limited to the following:
(1)
Licensing fees;
(2)
Additional security requirements;
(3)
Limits and requirements on parking and traffic flows;
(4)
Requirements for walls, doors, windows, locks and fences on
the premises and adjacent grounds;
(5)
Limits on cannabis products that may be sold;
(6)
Requirements and limits on ventilation and lighting;
(7)
Limits on noise inside the licensed premises or on the adjacent
grounds;
(8)
Prohibitions on certain conduct in the cannabis business;
(9)
Limits on hours of operation.
Q.
Penalty for violation. Each and every person or entity failing to
comply with any of the provisions in this chapter shall, upon conviction
thereof, be punished by a fine of up to $2,500 per offense, a term
of imprisonment of up to 90 days and/or be required to perform community
service for up to 90 days. Each day a violation exists shall constitute
a new and separate offense subject to prosecution.
R.
Community host agreement will be required and approved by the Township
Committee, which shall be reviewed and renewed on an annual basis
by the Township.
S.
Discontinuance of use.
(1)
Any medical cannabis or cannabis establishment permitted under
this section shall be required to remove all material, plants, equipment
and other paraphernalia in compliance with implementing regulations
of the Commission prior to the expiration of its operating license
or permit issued by the Township and the State of New Jersey or immediately
following revocation or voiding of such license or permit.
