At the intersection of two streets, no hedge,
landscape, planting, fence or wall higher than three feet above curb
level nor any obstruction to vision other than a post or tree not
exceeding one square foot in area in the cross section shall be permitted
on any lot within the triangular area formed by two intersecting street
lines bounding the lot or the projection of such lines and by a line
connecting a point on each street line located 25 feet from the intersection
of the street lines. Similarly, there shall be no obstruction to vision
as stated herein with respect to rights-of-way between sidewalk area
and curbing or front property lines, curbing or the edge of paving.
No truck, van, bus, trailer or other commercial
vehicle in excess of 8,000 pounds registered vehicle weight shall
be parked anywhere in any residential zone except for the purpose
of picking up or making deliveries or providing a service in the regular
course of business within such residential zone or area for the purpose
of installing, maintaining or otherwise performing public utility
service.
A.
Should any building lot include lands within the freshwater
wetlands, freshwater wetland buffers or transition areas, floodplain,
floodway, flood hazard area or contain a line established for the
one-hundred-year storm, all building setback distances and hard requirements
shall be established from the wetlands buffer or transition area as
determined by the Department of Environmental Protection or from the
one-hundred-year encroachment limit, if one exists, or from the floodplain,
floodway or flood hazard area if there is not wetlands buffer or one-hundred-year
storm limit involved nearest the building but farthest from the stream.
In cases where there is both a one-hundred-year storm limit and a
wetlands buffer, the building setback line and yard requirements shall
be computed from the line nearest the building and farthest from the
stream.
B.
Within any freshwater wetland, freshwater wetland
buffers or transition areas, floodplain, floodway, flood hazard area
or lands within the line established for the one-hundred-year storm,
only those uses permitted by federal, state, county or local laws
or regulations may be conducted therein.
A.
Buffer design standards.
(1)
Where the area and bulk standards for the applicable
zoning district require buffers, such buffers shall be shown on all
site plans and subdivision plans for development in such zoning districts.
(2)
The composition of buffers, but not width, including,
but not limited to, landscaping and fencing, shall be applied as design
standards, not zoning criteria, and are for the primary purposes of
eliminating views and reducing noise perception beyond the lot.
[Amended 1-18-2006 by Ord. No. 2005-39]
(3)
No buildings, structures, storage of materials, parking
areas or any other improvements except sidewalks and trails which
are required for pedestrian travel shall be permitted within the buffer
areas.
[Amended 1-18-2006 by Ord. No. 2005-39]
(4)
Buffer areas shall be maintained and kept free of
all debris, rubbish, weeds, and tall grass.
(5)
Buffer widths shall be measured horizontally. The
design of buffers shall consider the use being buffered, the distance
between the use and the property line, differences in elevation, the
types of buffers and screens such as dense planting, existing woods,
buffer height and width and other combinations of man-made and natural
features. The buffer shall be designed, planted, graded, landscaped
and developed with the general guideline that the closer a use or
activity is to the property line or the more intense the use, the
more effective the buffer area must be in obscuring light and vision
and reducing noise beyond the lot. The typical twenty-five-foot-wide
buffer shall be comprised of trees and/or shrubs as specified planted
in three staggered rows at 10 feet on center. The typical fifty-foot-wide
buffer shall be a doubling of the twenty-five-foot-wide buffer. The
use of berms are encouraged as appropriate, and may be required.
(6)
All buffer and other landscaping areas shall be planted
and maintained with either grass or ground cover, together with trees
and shrubs, and the following criteria shall be used as a guideline:
(a)
Shrubs shall be at least three feet in height
when planted and be of such density as will obscure, throughout the
course of the year, the glare of headlights. Deciduous trees shall
have a minimum caliper of 2 1/2 to three inches. Evergreen trees
shall be at least five feet in height when planted.
(b)
Any plant material which does not live shall
be replaced within one growing season.
(c)
Buffer plantings and landscaping shall open
at points of vehicular and pedestrian access to assure a clear sight
triangle.
(7)
Notwithstanding anything else contained in this chapter,
if the area required for any setback, including all buffer areas,
adjacent to a residentially zoned property contain preexisting natural
vegetation, trees, shrubs or other buffer-type materials, the entire
required setback area adjacent to the residentially zoned property
shall be maintained, as much as possible, in its natural, preexisting
state. Any disturbance of such area required during construction must
be restored with the planting of additional, similar trees and shrubs
in accordance with this section.
B.
Landscaping.
(1)
Landscaping shall be provided as approved by the reviewing
board to provide shade, designate entrances, screen parking from roads,
buffer utility areas and provide aesthetic interest throughout the
year. Along Route 130, a berm and plantings are required to screen
parking from the road. The minimum tree size along Route 130 shall
be 3 1/2 to four inches in caliper, either 50 feet on center
or equivalent.
(2)
Protection of existing plantings. Maximum effort shall
be made to save existing plantings (because of size or relative rarity).
No material or temporary soil deposits shall be placed within four
feet of shrubs or 10 feet of trees designated to be retained. Protective
barriers or tree wells shall be installed around each plant and/or
group of plants that are to remain on the site. Snow fences and silt
fences are examples of acceptable barriers.
(3)
Slope plantings. Landscaping in the area of all cuts
and fills and/or terraces shall be sufficient to prevent erosion,
and all roadway slopes steeper than one foot vertically to three feet
horizontally shall be planted with ground covers appropriate for the
purpose and soil conditions, water availability, and environment.
(4)
Additional landscaping. In nonresidential developments,
all areas of the site not occupied by buildings and improvements shall
be landscaped by the planting of grass or other ground cover, shrubs,
and trees as part of a site plan approved.
(5)
Only nursery-grown plant materials shall be acceptable;
and all trees, shrubs, and ground covers shall be planted according
to accepted horticultural standards.
(6)
Plant species. The plant species selected should be
hardy for the climatic zone and appropriate in terms of function and
size.
(7)
Maintenance. Plantings shall be watered regularly
and in a manner appropriate for the specific plant species through
the first growing season, and dead or dying plants shall be replaced
by the applicant during the next planting season.
(8)
Parking lot landscaping. In parking lots, at least
5% of the interior parking area shall be landscaped with plantings,
and one tree for each 10 spaces shall be installed. Parking lot street
frontage screening and perimeter screening shall be a minimum of five
feet wide. Planting required within the parking lot is exclusive of
other planting requirements.
A.
Permit requirements.
(1)
Zoning permit and certificate of conformance. A zoning
permit and certificate of conformance shall be required in all zones
for construction, erection and/or installation of each and every fence
governed by this chapter.
(2)
Building permit. A building permit is required to
construct, erect, enlarge or alter any type of fence in excess of
six feet in height or any type of fence to enclose a swimming pool.
(3)
Plan required. A plot plan showing the lot size, location
of all buildings, structures, proposed fences and gates and required
landscaping shall be provided to the Zoning Officer with all applications
for a zoning permit for any fence.
B.
Bulk requirements.
(1)
Height limitations.
(a)
Ornamental fencing, as hereinafter defined,
shall be permitted only at the front corners of the property, subject
to the following restrictions:
[1]
Any such ornamental fencing shall not be higher
than three feet.
[2]
Any such ornamental fencing shall not exceed
20 feet in length along the front property line and 20 feet in length
along the side property line beginning from the front corners of the
lot.
[3]
Any such ornamental fencing shall not have attached
to it wire fencing or enclosures of any type.
[4]
Any such ornamental fencing may be erected on
the property line or street line, but in no instance shall the fence
be erected in the public right-of-way.
[5]
"Ornamental fencing," for the purpose of this
section, shall mean any split rail or rail fencing, the function of
which is to define the front corners of the property and shall be
part of a landscaped area. The fence is not to be installed without
landscaping and cannot be used to enclose the property.
(b)
Open fences may be erected, altered or reconstructed
to a height not to exceed four feet when located as follows:
[1]
At any property line to enclose a property used
for an agricultural use, for containment of livestock or in connection
with an outdoor recreation facility.
[2]
From the front corners of any building to the
side property line, along any side property line to a point parallel
with the rear corner of the building.
(c)
Open fences may be erected altered or reconstructed
to a height not to exceed six feet when located as follows:
[1]
At a minimum setback of 10 feet from the front
property line and along any side or rear property line to enclose
a property used for an agricultural use, for containment of livestock
or in connection with an outdoor recreation facility. Landscaping
is not required to be planted in front of any fence erected, altered
or reconstructed for an agriculture use, for containment of livestock
or in connection with an outdoor recreation facility.
[2]
In the rear yard of an interior lot or the side
yard fronting the nonprimary street for corner lots. For the purpose
of this chapter, the rear yard shall be considered to be an open space
extending across the full width of the lot between the principal building
and the rear lot line, measured perpendicular to the building at the
closest point to the rear lot line. For the purpose of this subsection,
attached or detached garages shall not be considered part of the principal
building.
(d)
Solid fences may be erected, altered or reconstructed
to a height not to exceed six feet when located in the rear yard of
a residential lot or the side yard of corner lots to enclose in-ground
swimming pools. For the purposes of this chapter, the rear yard of
a residential lot shall be considered to be an open space extending
across the full width of the lot between the principal building and
the rear lot line, measured perpendicular to the building at the closest
point to the rear lot line. For the purpose of this subsection, attached
or detached garages shall not be considered part of the principal
building.
(e)
Solid fences may be erected, altered or reconstructed
to a height not to exceed six feet along any rear or side property
line of a residential property, provided that such fence does not
extend into any front yard setback area.
[Amended 9-2-2014 by Ord.
No. 2014-12]
(f)
Open wire fences may be erected, altered or
reconstructed to a height not to exceed 10 feet when located at the
accessory setback lines in any rear yard in conjunction with the installation
of a tennis court.
(2)
Setback requirements.
(a)
Except as permitted under Subsection B(1)(a), (b) or (c) above, no fence shall be erected, altered or reconstructed forward of any building(s) in the front yard or the required front yard setback applicable to such property, whichever is greater. For purposes of this subsection, the front yard setback shall be measured from the front property line as indicated on the survey.
(b)
All new and replacement fences shall conform
to the setback requirements applicable to the lot at the time the
zoning permit is issued.
(c)
For the purposes of the construction, erection
and/or location of a fence on lots that have frontage on more than
one street, the front yard setback requirement applicable in the zoning
district where the lot involved is located is the required setback
on each street facing side of the property.
(d)
It shall be prohibited for a fence or fencing
to be constructed, erected and/or located on lots where there are
easements in multifamily units that have access to rear yards on the
interior lots so as to prevent access to the interior property rear
yards.
(e)
At or near an intersection of two or more streets,
no fence shall be permitted to obstruct the view of motorists traveling
on either intersecting street.
(f)
On reverse frontage lots, a fence may be erected
no closer than 10 feet to the rear property line.
(g)
Notwithstanding any provision in this Subsection B(2), a fence permitted by this section may be extended from the rear corner of the dwelling in order to enclose an existing side entry doorway within the fence but only for the purpose of and only to the extent necessary to enclose such doorway within such fence, and in no event may such fence be established more than 15 feet from the rear corner of the dwelling.
(3)
Other requirements.
(a)
All fences shall be installed so that rails
and posts shall be facing the inside of the owner's property.
(b)
No fence shall create an alley, private way
or setback from the property line of less than five feet on the property
where the fence is to be installed.
(c)
Nothing in this chapter shall prevent the erection
of an open-wire fence not exceeding eight feet above ground level
anywhere within a public park, public playground or school premises.
(d)
The following fences and fencing materials are
specifically prohibited: barbed-wire, collapsible, canvas, cloth or
electrically charged fences or structures.
(e)
Required landscaping.
[1]
Landscaping consisting of evergreen plantings
shall be planted in front of all fences five feet and higher that
parallel the front property line. Such plantings shall be a minimum
of three feet high, as measured from grade level, at the time of planting,
and there shall be a maximum spacing of six feet apart, center to
center, between evergreens. The landscaping required in front of fences
shall be installed within 30 days after the fence has been installed.
[2]
Reverse-fronting lots. On all reverse-fronting
lots, a single row of 100% evergreen plantings spaced eight feet apart,
center to center at a minimum height of four feet, measured from grade
level, at the time of planting shall be planted between the fence
and the adjoining rear street adjacent to such fence.
(f)
Any swimming pool, whether or not portable or
storable, having a depth of at least 24 inches or a surface area of
250 square feet or greater shall be equipped with a suitable safety
barrier in accordance with state swimming pool standard.
[Added 4-25-2006 by Ord. No. 2006-4]
C.
Requirements applicable to nonresidential fences.
(1)
Open and solid fences shall be installed in accordance
with a valid subdivision or site plan approval granted by the reviewing
board, shall be a maximum height of six feet, and shall not include
barbed or razor wire, nor be electrified.
(2)
No fence may be erected, altered or reconstructed
forward of any building in the front yard.
(3)
All fences shall be set back to the building setback
line unless otherwise indicated on a final subdivision or site plan
approved by the reviewing board.
A.
Underground wiring required.
(1)
All electric, telephone, television, cable, optical,
and other similar utilities, both main and service lines servicing
new developments, shall be provided by underground wiring within easements
or dedicated public rights-of-way, installed in accordance with the
prevailing standards and practices of the utility or other companies
providing such services.
(2)
Lots that abut existing easements or public rights-of-way,
where overhead electric or telephone distribution supply lines and
service connections have heretofore been installed, may be supplied
with electric and telephone service from those overhead lines, but
the service connections from the utilities' overhead lines shall be
installed underground.
B.
Lighting.
(1)
General. Outdoor lighting within the Township of Delran
shall not unreasonably interfere with the use and enjoyment of property
within the Township. This chapter encourages the types and uses of
outdoor lights which will conserve energy, preserve the natural environment,
and prevent glare, up-lighting and unnecessary light pollution, while
providing adequate lighting for productivity and security.
(2)
Nonresidential lighting requirements.
(a)
All exterior lights shall be designed, located,
installed and directed to prevent objectionable light and glare across
property lines and above a ninety-degree horizontal plane.
(b)
The preferred source of all lighting is high
pressure sodium lamps and fixtures.
(c)
Shielding and/or cutoff optics shall be required
in all installations.
(d)
Searchlights and laser lights used for advertising
or entertainment are not permitted.
(e)
All lighting shall be shielded to prevent glare
for drivers or pedestrians and to prevent the light from extending
beyond the property line and above the ninety-degree horizontal plane.
(f)
Emergency lighting by police, fire and rescue
and other authorities is exempt from the requirements of this section.
Except as specifically set forth in this chapter,
the Residential Site Improvement Standards (RSIS) adopted by the State
of New Jersey are hereby adopted as the site improvement standards
for residential development in the Township of Delran. Notwithstanding
the foregoing, RSIS do not apply where facilities are not available,
such as public water and sanitary sewer facilities, or where the proposed
development is already served by existing streets. Whether or not
de minimus changes from RSIS should be made by the applicant as part
of its site plan or subdivision plan application shall be determined
by the reviewing board engineer on a case-by-case basis, with the
input of the Township Engineer, and, if necessary, such de minimus
changes should be approved by the Department of Community Affairs
as the reviewing board engineer and the Township Engineer shall determine.
A.
Performance. All nonresidential sites within the Township
which are subject to the provisions of the Code of the Township of
Delran shall provide adequate parking improvements, including but
not limited to accessways, driveways, drive aisles, loading areas,
parking bays and pedestrian walkways to ensure the safe and efficient
circulation of vehicles and pedestrians both on and off site.
B.
Parking location. All required off-street parking
and loading facilities shall be located on the same lot or premises
as the use served or, in the case of a PCD, said off-street parking
shall be provided on the overall tract provided each lot has access
through the establishment of cross easements. No parking facility
shall be permitted as a primary use on a lot except as otherwise provided
in this chapter for a particular zoning district.
C.
Fire lane provision. The provisions of N.J.S.A. 39:5A-1
et seq. shall apply.
D.
Parking for the disabled. The provisions of N.J.A.C.
17:19A-4.4 and the Americans with Disabilities Act shall apply to
all parking areas.
E.
The following parking schedule shall be used to calculate
the required number of off-street parking spaces per use. Where the
calculation results in a fraction of a space, the required number
of parking spaces shall be rounded up to the nearest whole number.
[Amended 7-27-2021 by Ord. No. 2021-13]
|
Nonresidential Off-Street Parking Requirements
| |||
|---|---|---|---|
|
Uses
|
Required Off-Street Parking Spaces
| ||
|
Assembly operation
|
1 per 800 square feet of gross floor area
| ||
|
Auto body and auto repair shops
|
2 per 1,000 square feet of gross floor area,
plus 1 per each vehicle used on site
| ||
|
Auto, truck or similar dealerships
|
2.5 per 1,000 square feet of gross floor area
excluding auto repair, plus 110% of maximum vehicle inventory, plus
spaces for auto repair per code
| ||
|
Bar
|
1 per 2 seats
| ||
|
Bowling alley
|
4 per alley
| ||
|
Cannabis cultivator
|
1 per every 1,000 square feet of gross floor area
| ||
|
Cannabis delivery service
|
1 per every 1,000 square feet of gross floor area, plus 1 parking
space for every delivery driver or fleet vehicle
| ||
|
Cannabis distributor
|
1 per every 1,000 square feet of gross floor area
| ||
|
Cannabis manufacturer
|
1 per every 1,000 square feet of gross floor area
| ||
|
Cannabis retailer
|
1 per every 200 square feet of gross floor area
| ||
|
Cannabis wholesaler
|
1 per every 1,000 square feet of gross floor area
| ||
|
Car wash, full-service
|
10 per washing lane
| ||
|
Car wash, self-service
|
1 per bay, plus 1 per employee
| ||
|
Church/synagogue/house of worship
|
1 per 3 seats
| ||
|
Convention areas
|
1 per 3 seats
| ||
|
Fiduciary institutions
|
1 per 300 square feet of gross floor area
| ||
|
Hospitals
|
2 per bed
| ||
|
Hotel/motel
|
1 per room, plus 0.5 per employee, plus convention
area requirement as applicable
| ||
|
Industrial
|
1 per 800 square feet of gross floor area
| ||
|
Library
|
1 per 300 square feet of gross floor area
| ||
|
Manufacturing
|
1 per 800 square feet of gross floor area
| ||
|
Medical center
|
1 per 250 square feet of gross floor area
| ||
|
Nightclub
|
1 per 3 seats
| ||
|
Nurseries and child day care
|
1 per 3 children under 2 years old, 1 per 5
children 2 years or older, plus 4 per 1,000 square feet of gross floor
area
| ||
|
Nursing homes, assisted living facilities, skilled-care
nursing facilities or similar convalescent facilities
|
0.5 per bed, plus 1 per employee maximum shift
| ||
|
Offices:
| |||
|
Under 49,999 square feet of gross floor area
|
4.5 per 1,000 square feet of gross floor area
| ||
|
50,000 to 99,999 square feet of gross floor
area
|
4 per 1,000 square feet of gross floor area
| ||
|
100,000 plus square feet of gross floor area
|
3.5 per 1,000 square feet of gross floor area
| ||
|
Recreation, indoor
|
2.5 per 1,000 square feet used by participants
(excluding bowling alleys); 1 per 3 spectator seats; plus 1 per employee
maximum shift
| ||
|
Recreation, outdoor
|
Sufficient space shall be provided on site to
prevent parking along public rights-of-way and other off-site areas,
fire lanes and parking aisles as determined by the review board
| ||
|
Research
|
1 per 1,000 square feet of gross floor area
| ||
|
Restaurant (with seats)
|
1 per 3 seats, plus 1 per employee maximum shift
| ||
|
Restaurant (no seats, such as water ice, custard
and ice cream sales)
|
1 per 50 square feet of gross floor area
| ||
|
Retail store
|
1 per 200 square feet of gross floor area
| ||
|
School (elementary)
|
2 per classroom, but not less than 1 per teacher
and staff
| ||
|
School (intermediate)
|
1.5 per classroom, but not less than 1 per teacher
and staff
| ||
|
School (secondary)
|
2.5 per classroom, but not less than 1 per teacher
and staff
| ||
|
Service station, fuel only
|
0.5 per fill area, plus 1 per employee maximum
shift. If retail sales and vehicle space, see requirements
| ||
|
Service station, full-service
|
4 per bay and working area
| ||
|
Shopping center:
| |||
|
Under 400,000 square feet of gross leasable
area
|
4 per 1,000 square feet of gross leasable area
| ||
|
400,000 to 599,999 square feet of gross leasable
area
|
4.5 per 1,000 square feet of gross leasable
area
| ||
|
600,000 plus square feet of gross leasable area
|
5 per 1,000 square feet of gross leasable area
| ||
|
Storage areas
|
1 per 5,000 square feet of gross leasable area
| ||
|
Theater:
| |||
|
In shopping center
|
1 per 3 seats
| ||
|
1 per 4 seats
| |||
|
Warehouse (shipping/receiving)
|
1 per 5,000 square feet of gross floor area
| ||
|
Other general uses not specially stated
|
4.5 per 1,000 square feet of gross floor area
| ||
F.
Combined parking requirements. Where a permitted use
of land contains more than one parking use category, the parking requirement
shall be the sum of the individual uses computed separately in accordance
with this section. A reviewing board may permit the use of shared
parking areas by individual users up to a maximum of 20% of the total
parking requirement for land uses of complementary peak parking need.
G.
Substitution of open space. A request for the substitution
of open space for up to a maximum of 20% of the required number of
parking spaces may be granted by a reviewing board, provided that
the following regulations are met:
(1)
The required number of parking spaces is 20 or greater.
(2)
The open space area to be substituted in lieu of parking
spaces shall be designated both as open space and as future reserved
parking. In no instance shall the future reserved parking area be
included in the calculation used to determine compliance any Township
open space provision requirements.
(3)
The applicant shall submit a deed restriction, covenant
or other suitable instrument which grants to the reviewing board the
right to require, within five years of the final site plan approval,
the present or future owner of record to install all or part of the
future reserved parking as designated on the approved plan. The appropriate
board may, upon the receipt of a finding of inadequate parking from
the Zoning Officer, resolve to require the installation of all or
part of the future reserved parking if; in its opinion, the health,
safety and general welfare of the public shall be promoted.
(4)
An adequate performance guaranty shall be posted,
not to exceed in duration five years from the date of final site plan
approval, equal to 120% of the estimated cost of the installation
of the future reserved parking as determined by the Township or Board
Engineer.
(5)
The deed restriction, covenant or similar instrument
and the performance guaranty shall be subject to the approval of the
Township or Board Solicitor.
I.
Parking aisle and drive dimensions. The following
minimum dimensions for parking aisles and drives shall apply:
|
Aisles
| |||
|---|---|---|---|
|
Angle of Parking Spaces
(degrees)
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
| |
|
90
|
22
|
25
| |
|
60
|
18
|
20
| |
|
45
|
15
|
None permitted
| |
|
Parallel
|
12
|
18
| |
|
Drives
| |||
|---|---|---|---|
|
Drive Type
|
One-Way Drive
(feet)
|
Two-Way Drive
(feet)
| |
|
Entrance drive, on roads with less than 39 mph
speed limit
|
20
|
25
| |
|
Entrance drive, on roads with greater than 39
mph speed limit
|
22
|
30
| |
|
Internal collector
|
18
|
25
| |
|
Internal collector, with fire lane
|
25
|
30
| |
J.
Entrance drives. Off-street parking areas shall be
designed to eliminate the maneuvering of vehicles within entrance
drives. The length of entrance drive free of maneuvering shall conform
to the following schedule (measured from the right-of-way line):
|
Total Number of Parking Spaces
|
Length of Maneuver-Free Drive
(feet)
| |
|---|---|---|
|
Less than 39
|
20
| |
|
40 to 99
|
40
| |
|
100 to 250
|
60
| |
|
Greater than 250
|
60, plus 20 for each additional 500 spaces or
part thereof
|
K.
Entrance drive intersections. The intersection of
any entrance drive and a public street shall be located as to permit
the safe flow of vehicles to and from the lot or premises in a manner
safe and shall conform to the following minimum distances:
|
Intersection
|
Minimum Distance
(feet)
| |
|---|---|---|
|
Entrance drive to entrance drive, less than
150 feet street frontage (measured from center lines)
|
60
| |
|
Entrance drive to intersecting rights-of-way,
greater than 150 feet frontage (measured from center line to rights-of-way)
|
100
| |
|
Entrance drive to intersecting rights-of-way,
less than 150 frontage (measured from center line to rights-of-way)
|
35
| |
|
Entrance drive to intersecting rights-of-way,
greater than 150 frontage (measured from center line to rights-of-way)
|
75
|
L.
Ingress and egress to parking areas. Access to parking
areas from public streets shall be limited to one per street frontage
up to a maximum of two per site, with the following exceptions:
(1)
Two entrance drives on one public street shall be
permitted for lots or premises with frontage in excess of 300 feet,
up to a maximum of three per site.
(2)
Gasoline service stations shall be permitted two entrance
drives on one pubic street, up to a maximum of three per site, provided
that the center lines of the two entrance drives on one street frontage
are not less than 60 feet apart.
M.
Internal collector. An internal collector drive shall
be provided for all parking areas in excess of 250 spaces. No parking
space shall have direct ingress and egress to a internal collector
drive. The intersection of any internal collector drive and drive
aisle shall be at 90°, unless, because of unusual topography or
lot geometry, a right angle would impede the efficient circulation
of vehicles, but in no case shall the intersection be less than 60°.
N.
Landscaping, loading areas. All loading areas shall
be landscaped and screened sufficiently to obscure the view of the
loading platform or other loading facility from any public street,
residential use or zone and the front yards of adjacent commercial
or industrial use. Such screening may consist of fencing or walls,
and shall be in conformance with the landscaping requirements of the
Township Ordinance.
O.
Landscaping, parking areas. Each on-site parking facility
shall be designed to minimize the removal of any tree in excess of
five inches in caliper. Each facility shall have a minimum of 200
square feet of contiguous landscaped area for each 30 spaces or portion
thereof consisting of shrubs with a mature height of not more than
three feet and deciduous trees with branches not less than seven feet
in height, but in no event shall there be less than the area contained
in the required traffic islands. Such space shall be distributed throughout
the parking areas in order to visually break the view of long rows
of parked cars in a manner not impairing sight triangles. Parking
areas in excess of 250 parking spaces shall have landscaping berms
a minimum of two feet in height above the parking area grade between
any public street and any access way, driveway, drive aisle, internal
collector drive, loading or parking areas.
P.
Lighting.
(1)
All parking and loading facilities shall be lighted
in accordance with the lighting provisions below. Adequate provision
must also be made to shield residential uses from the headlight glare
of motor vehicles.
(2)
Standards for illumination.
(a)
The minimum level of lighting in any portion
of the parking lot shall be not less than 1/4 footcandle. The average
horizontal illumination level of lighting within the parking lot shall
be not less than 1/2 footcandle nor greater than two footcandles.
The maximum level of lighting in any portion of the parking lot shall
be not greater than three footcandles, except directly under light
fixtures where a maximum of 10 footcandles is permitted.
(b)
The minimum level of lighting along any portion
of walkway not part of a parking lot shall be not less than 1/2 footcandle.
The maximum level of lighting along any portion of walkway not part
of a parking lot shall be not greater than three footcandles.
(c)
The maximum mounting height of exterior lighting
shall conform to the following schedule:
|
Building Height
(feet)
|
Maximum Fixture Mounting Height
(feet)
| |
|---|---|---|
|
Up to 24
|
14
| |
|
25 or greater
|
20
|
Q.
Loading area requirements. Every commercial and industrial
use, or combination thereof, containing at least 5,000 gross square
feet of floor area, or that is expected to receive deliveries by tractor
trailers 35 feet or greater, shall provide and permanently maintain
adequate space for the standing, loading and unloading of material
or merchandise. The loading area shall be so designated on the site
plan and shall not be used or any other purpose. The minimum dimensions
of the loading area shall not be less than 12 feet wide by 35 feet
deep with a height clearance of 14 feet. One such loading area shall
be required for each 20,000 gross square feet of floor area or part
thereof.
R.
Shopping cart users. Parking areas for commercial
uses which utilize shopping carts for the carrying of goods, including
but not limited to supermarkets, pharmacies, home centers, department
stores and discount centers, shall provide areas for the collection
of such shopping carts. Collection points shall be evenly dispersed
throughout the parking area which is designed to serve the commercial
use which utilizes shopping carts for the carrying of goods. The collection
points shall be designed and constructed to delineate and separate
the parking area from the collected shopping carts and shall be so
designed as to not impede the vehicular or pedestrian circulation
pattern. Collection points shall have a minimum capacity of 20 shopping
carts. Collection points shall be so designed with no more than one
sign per area with two faces, pole-mounted. These parking areas shall
be maintained by shopping cart attendants as determined necessary
by the Zoning Code Official.
S.
Surfacing and curbing. All parking areas, accessways, driveways, drive aisles, loading areas and parking bays or other parking facilities shall be paved and curbed in accordance with the provisions of Chapter 310, Subdivision of Land, and Chapter 290, Site Plan Review, of the Code of the Township of Delran.
T.
Traffic islands. Traffic islands shall be provided to separate each parking area of double stacked parking rows from any internal collector drive. The minimum width of the traffic island shall be six feet. For parking areas in excess of 250 cars, one traffic island, a minimum width of six feet, separating the two rows of parking in one parking bay, shall be provided for each four rows in an alternating pattern. Each traffic island shall be landscaped in accordance with the provisions of Subsection N above.
U.
Trash pickup. All parking areas shall make adequate
provision for the location of trash receptacles and their enclosures
and the disposal of trash generated by on-site uses in a manner that
does not impede the free flow of vehicular traffic on or off site.
Adequate provision shall be made for the turning movements of trash
pickup vehicles. All trash receptacles shall be enclosed by a wall
which is a minimum of six feet in height and no more than eight feet
in height with an appropriate gate for its size.
A.
All development of lots bordering on the bicycle routes
established pursuant to the Delran Township Master Plan, as the same
may be supplemented, modified or clarified from time to time, shall
include the design and construction of such bicycle route in the site
plan or subdivision plan submitted for such development.
B.
The construction of bicycle routes as required under
this section shall comply with the specifications set forth in N.J.A.C.
5:21-4.18 and NJDOT Bicycle-Compatible Roadway and Bikeways Planning
and Design Guidelines, as the same may be amended, supplemented or
superseded.
A.
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Definitions. The following terms, when used in this
chapter as they relate to signs, shall have the following meanings:
Any object, device, display or structure, or part thereof;
situated outdoors, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors or illumination
or projected images. Signs do not include the flag or emblem of any
nation, organization of nations, state or city or any political subdivision
thereof or any fraternal, religious or civic organizations; merchandise,
prices, pictures or models of products or services incorporated in
an indoor window display; works of art which in no way identify a
product; or scoreboards located on athletic fields. As they relate
to signs, the following words or clauses shall have the following
meanings:
ATTACHED SIGNAny sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building. Attached signs shall be not more than 10 inches at any point of the sign from the building to which it is attached.
AWNING OR CANOPY SIGNAny sign attached to the building awning or canopy.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, which structure is located on a site other than the site to which the advertising relates.
BLADE SIGNA business identification sign positioned 90° to the building so as to be visible to pedestrians along walking promenades.
CHANGEABLE-COPY SIGNA sign or portion thereof that allows for the message portion of the sign to be changed.
DEVELOPMENT SIGNA sign designating the name of a subdivision of residential homes, whether single-family or multifamily, attached or detached, or an apartment complex.
EXTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is outside the display portion of the sign.
FACADEThe face of a building that is considered to be the architectural front, and usually given special architectural treatment. The facade does not include mansard or other roof designs.
FREESTANDING SIGNAny sign not attached to a building, erected, constructed or maintained on a post or pole or other bracing or supporting device, being to support the sign.
FUNCTIONAL SIGNSDirectional, information or public service signs, such as signs advertising locations of rest rooms, telephones or similar facilities of public convenience, including entry and exit signs from parking areas. Functional signs shall not include any name, business, logo, or message other than the directional or informational material as above.
INTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is contained within the display portion of the sign.
MANSARD ROOFA hipped roof usually having a double slope or compound curve, the lower slope being much steeper than the upper slope.
MOBILE SIGNAny sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, is on wheels or another similar attachment such that the sign may be moved from place to place, either within the lot or to another location.
MULTIPLE OCCUPANCY AND TENANCY SIGNA single sign relating to a use or facility, such as a shopping center, industrial park or office complex, where there is more than one occupancy and/or tenancy of uses, where said multiple occupancy and tenancy use a common parking facility and/or a common private drive or roadway and where the names and professions or business names of the various tenants and/or occupants are displayed.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A or T frames; menu and sandwich board signs; balloons or other inflatable objects used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
POLITICAL SIGNA sign expressing support for or opposition to a candidate for political office or an issue specific to a current election or referendum and shall include such political paraphernalia as placards, posters, bumper stickers (when not affixed to a moving object or vehicle), banners or the like.
OFF-SITE SIGNAny commercial sign located on a lot other than the lot occupied by the use, structure, building or event that the sign identifies.
[Amended 6-24-2008 by Ord. No. 2008-5]
OFFICIAL SIGNAny sign, symbol or device erected, constructed or maintained by the federal, state, county or local government, or any agency thereof; for the purpose of informing or guiding the public or for the protection of the public health, safety and welfare.
REAL ESTATE SIGNA sign of an owner of real property or of a licensed real estate broker designating a property "for sale" or "for lease."
ROOF SIGNAny sign erected, constructed or maintained upon, over or in front of the roof of any building.
SIGN HEIGHTIn the case of a freestanding sign, the height of the sign will be computed from grade level to the greatest height at any one point in the sign. In case of an attached sign, no sign can be higher than the level of a second floor windowsill in a two-or-more story building, nor can it be higher than the lowest point of the roof line in a single-story building.
TEMPORARY SIGNA sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure and which may be erected for a limited period of time.
VEHICULAR SIGNAny sign permanently or temporarily attached to a nonoperating vehicle. Such a vehicle shall include, but is not limited to, a car, truck, van or a bus.
WARNING SIGNA sign indicating no trespassing or no fishing and/or hunting and an existing danger where a warning is necessary.
WINDOW SIGNAny sign erected, constructed or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.
B.
General provisions
[Amended 6-24-2008 by Ord. No. 2008-5]
(1)
Purpose. It is the purpose of this § 355-94 to promote the public health, safety and welfare by establishing a comprehensive system for the regulation of signs and flagpoles in a reasonable, consistent and nondiscriminatory manner. Signs may only be erected, installed, altered, maintained, used, removed or moved if done in compliance with these regulations. These regulations are intended to:
(a)
Enable the identification of places of residence
and business;
(b)
Allow for the communication of information necessary
for the conduct of commerce;
(c)
Lessen hazardous situations, confusion and visual
clutter caused by proliferation, improper placement, illumination,
animation and excessive height, light, area and bulk of signs which
compete for the attention of pedestrian and vehicular traffic;
(d)
Enhance the attractiveness and economic well-being
of the township as a place to live, visit and conduct business;
(e)
Protect the public from the dangers of unsafe
signs;
(f)
Permit signs that are compatible with their
surroundings and aid orientation, and preclude placement of signs
in a manner that conceals or obstructs adjacent land uses or signs;
(g)
Encourage signs that are appropriate to the
zoning district in which they are located and consistent with the
category of use to which they pertain;
(h)
Curtail the size and number of signs and sign
messages to the minimum reasonably necessary to identify a residential
or business location and the nature of any such business;
(i)
Establish sign size in relationship to the scale
of the lot and building on which the sign is to be placed or to which
it pertains;
(j)
Preclude signs from conflicting with the principal
permitted use of the site or adjoining sites;
(k)
Regulate signs in a manner so as to not interfere
with, obstruct vision of or distract motorists, bicyclists or pedestrians;
(l)
Require signs to be constructed, installed and
maintained in a safe and satisfactory manner;
(m)
Preserve and enhance the natural and scenic
characteristics of the community; and
(n)
Regulate signs in a manner consistent with the
general and commercial free-speech rights.
(2)
Message substitution. Subject to the owner’s
consent, a noncommercial message of any type may be substituted for
any duly permitted or allowed commercial message or any duly permitted
and allowed noncommercial message, provided that the sign structure
or mounting device is legally compliant without regard to or consideration
of the message content. Such substitution of message may be made without
any additional approval or permitting. This provision shall prevail
over any more specific provisions to the contrary in this section.
The purpose of this provision is to prevent any inadvertent favoring
of commercial free speech over noncommercial speech or the favoring
of any particular noncommercial message over any other noncommercial
message. This provision does not create a right to increase the total
amount of signage on a parcel, nor does it affect the requirement
that a sign structure or mounting device have proper permits.
(3)
Procedural application. Notwithstanding any indication
to the contrary, the provisions of this section shall be applied equally
and without regard to the message or content of any sign. Applications
conforming to these regulations shall be processed and granted within
14 business days of receipt of the complete application. However,
if the sign is subject to Planning or Zoning Board approval such time
frame shall run from the date a complete and conforming application
is received subsequent to the Planning or Zoning Board approval. No
activity, directive or order changing the status quo at the time an
application is filed shall be undertaken or issued during the approval
period or any appeal process except by a court of competent jurisdiction.
(4)
Severability. Should any part, section, subsection, paragraph, sentence, clause or word of this § 355-94, or any other applicable part of the Township Code, be declared invalid, unenforceable or unconstitutional by judgment of a court of competent jurisdiction, the remaining unaffected portions of this section or Code shall remain in full force and effect. It is specifically determined that the prohibition on billboards in § 355-94E(8)(f) shall remain.
C.
Permitted purpose of signs; nonregulated signs.
D.
Permit requirements.
(1)
A zoning permit must be obtained prior to the erection, installation, alteration or relocation of any sign, except those signs permitted under Subsection F below.
(3)
A certificate of conformance must be obtained after
erection, installation, alteration or relocation or any sign to confirm
that the property and the sign conform to all applicable laws, ordinances
and regulations.
E.
Regulations applicable to all signs in all zoning
districts.
(1)
There shall be a minimal distance of 15 feet between
any side property line and the nearest portion of any freestanding
sign erected under the provisions of this chapter, and there shall
be a minimum distance of 50 feet between the nearest portions of any
freestanding sign and another freestanding sign.
(2)
No sign shall be placed in a position that will cause
danger to traffic on a street or entering a street by obscuring the
view of traffic on either street. In no case shall any sign, other
than an official governmental sign or functional/direction sign, be
erected within the official right-of-way of any street unless specifically
authorized by ordinance or regulations of the Township.
(3)
All signs shall be permanently fixed to the ground
or attached to a building or structure in a manner conforming to the
New Jersey Uniform Construction Code and all other applicable statutes,
ordinances and regulations.
(4)
No sign shall be erected containing information on
it which states or implies that a property may be used for any purpose
not permitted in the zoning district in which the property to which
the sign relates is located.
(5)
Except as provided in Subsection G(7) below, banners, spinners, flags and pennants solely for the purpose of announcing the grand opening of a business or use on the property shall be permitted for a thirty-day period during the opening of a new business or change of ownership. Notice of the installation of a sign permitted under this subsection must be provided to the Zoning Officer not later than five days before the sign is to be erected.
(6)
Functional/directional signs shall not exceed three
square feet in area per sign and shall not include company logos or
other advertising information.
(7)
Except as specifically required in any specific zoning
district, all freestanding signs other than those permitted within
the right-of-way shall be erected either with the bottom of the sign
at least 10 feet above grade level or shall be set back from the street
right-of-way line a distance not less than 10 feet.
(8)
The following signs shall be prohibited in all zones:
(a)
A flashing, blinking, twinkling, animated, tracer-type,
moving or projected sign of any type or a sign which presents an illusion
of movement. This prohibition shall not apply to static time and temperature
displays.
(b)
Any sign erected, constructed or maintained
so as to obstruct any fire escape, window, door or opening used as
a means of egress or ingress.
(c)
Any sign whose form, character or shape may
confuse or dangerously distract the attention of the operator of a
motor vehicle.
(d)
Any advertisement or message which uses a series
of two or more signs or units placed in a line parallel to the highway
or in a similar fashion, all carrying a single advertising message,
part of which is contained on each sign.
(e)
Any freestanding sign exceeding 20 feet in height.
(f)
Off-site signs, including commercial billboards.
(g)
Any sign which, when applying contemporary community
standards, has a dominant theme or purpose which appeals to prurient
interests.
(h)
Mobile signs, including A or T frame signs,
menu or sandwich board signs, tethered balloons and inflatable signs.
(i)
Vehicular signs when the vehicle is parked for
display purposes on private property.
(j)
Signs bearing laudatory text or including service
or product names normally furnished by any such proprietor. Identification
signs shall allow the principal name of the establishment or proprietor
and a brief description of the principal goods or service offered.
(k)
Signs attached to the facade of a building or
structure that extend beyond the highest point of the facade on which
they are erected.
(9)
The size of any sign shall be computed by multiplying
its greatest height by its greatest length, inclusive of supporting
structures, unless such supporting structure is a pole or other similar
apparatus that allows clear view around and under such sign. Two-sided
freestanding signs containing the same copy on both sides shall be
measured by using the surface area of one side of the sign only. Where
there is different copy on each side of the sign, each side shall
be considered a separate sign.
(10)
Individual channel letter signs illuminated
by neon gas are permitted only where illuminated signs are permitted.
The envelope around the exterior perimeter of all channel tubing shall
be determined and must comply with the size regulations applicable
to such sign. Neon logo signs which may be seen from the exterior
of any establishment, enterprise or business are signs for purpose
of these sign regulations.
(11)
When the name or other identifying information
with respect to any establishment, enterprise or business, except
for the building number, street address or building name, is located
on any awning or canopy attached to the building in which the establishment,
enterprise or business is located, the entire awning or canopy shall
be considered the sign for purposes of these regulations. The maximum
permitted size of an awning or canopy sign shall be determined as
follows:
(12)
Only roof signs meeting the definition of attached
signs are permitted. Permitted roof signs may not be erected any higher
than centered on the roof surface to which such sign is attached.
F.
Signs permitted in all districts without zoning permits.
(1)
No more than one nonilluminated temporary sign indicating
the prospective or completed sale or rental of the premises upon which
it is located. This sign shall not exceed six square feet in area
and four feet in height for a residential use and shall not exceed
32 square feet in area and six feet in height for a commercial or
industrial establishment. The sign shall be removed within seven days
after consummation of a lease or sales transaction.
(2)
Temporary signs announcing any educational, charitable, civic, religious or similar event, excluding political signs governed by Subsection F(6) below. Signs may be double-faced. The size of all temporary signs shall not exceed 32 square feet in area (measuring the single face of the structure) and six feet in height. The number of temporary signs shall be limited to one sign per property frontage and shall be noncommercial in nature. Temporary signs shall be constructed of material adequate to resist deterioration due to weather or other conditions and shall not be illuminated. Signs shall be removed within seven days subsequent to the event announced.
[Amended 6-24-2008 by Ord. No. 2008-5]
(3)
Not more than two temporary ground signs advertising
a subdivision which has been approved by the Township, provided that
each sign does not exceed 32 square feet in area. In no case shall
any such sign be located closer than 25 feet to any street line. Temporary
subdivision signs shall not be permitted after residences have been
erected on 75% of the lots in the subdivision or after more than 75%
of the lots have been sold by the developer.
(4)
A sign indicating site development or construction
by a builder shall not exceed 32 square feet and shall be limited
to one sign per street frontage. The sign shall not be erected until
final approvals are obtained from the reviewing board. The sign may
remain up until the project is completed.
(5)
Signs prohibiting or otherwise controlling trespassing,
fishing and/or hunting shall be limited to one sign for each 50 feet
of street frontage. Each such sign shall not exceed one square foot
in area.
(6)
Temporary political signs shall be permitted. Signs
may be double-faced. The size of any one temporary sign shall not
exceed 16 square feet in area (measuring the single face of the structure)
and six feet in height. Temporary political signs shall be constructed
of material adequate to resist deterioration due to weather or other
conditions and shall not be illuminated. Temporary political signs
shall not be permitted until twenty-nine days before the event or
election. Temporary political signs shall be removed within seven
days after the event or election.
[Amended 6-24-2008 by Ord. No. 2008-5; 11-23-2010 by Ord. No.
2010-16]
(7)
One temporary sign advertising hiring of employees
which shall only be a plastic or wooden-type sign, which shall not
exceed eight square feet in area and shall not be installed within
any local, county or state right-of-way. A temporary hiring sign shall
be limited to a maximum time period of 30 calendar days and for no
more than four time periods during any one calendar year.
(8)
Temporary contractor signs. Temporary contractors'
advertising signs may be installed on a residential lot under the
following conditions:
(a)
One sign may only be installed at the commencement
of the improvements, renovation or construction.
(b)
The sign may not exceed five square feet in
size.
(c)
The sign shall be removed when the improvements,
renovation or construction is completed.
(d)
The maximum duration of any such sign shall
not exceed 30 calendar days per contractor.
(e)
No sign is to be installed in any municipal,
county or state right-of-way.
(9)
Temporary real estate directional signs.
(a)
"Temporary real estate directional signs" shall
be defined as removable, freestanding signs, to be placed in or on
the ground, not to exceed 18 inches in height, 24 inches in width
and no higher than 30 inches above existing grade and shall only indicate
the location or directions to a residential property in the Township
to announce an open house utilized in connection with the marketing
of that property.
(b)
No more than one temporary directional sign
shall be located on any one lot or within 500 feet of any other temporary
directional sign in any right-of-way. The maximum number of temporary
signs shall be limited to four for any one open house.
(c)
A temporary directional sign may only be installed
during the hours from 12:00 noon to 5:00 p.m. on the day the open
house is being conducted. All temporary signs shall be removed no
later than 6:00 p.m. of the day of the open house.
(d)
A temporary directional sign, as defined herein,
shall not include any illumination, nor shall there be affixed thereon
any balloon, streamer or any other decorative accessory.
(10)
Signs identifying the presence of a security
system on the property shall be limited to one sign for each premises
and shall not exceed one square foot in area.
G.
Signs and flagpoles permitted in all districts with
zoning permit.
(2)
Changeable copy signs shall be permitted only as follows:
(a)
Movie theaters.
(c)
As a portion of the identification sign for
any professional office, provided the following criteria are met:
(d)
In addition to the signs authorized in the zones
permitting filling stations, fuel, oil and gasoline filling stations
may display one sign for the purpose of indicating their gasoline
price only. The additional price sign shall not be attached to the
building, but shall be attached to the approved freestanding station
identification sign located on the site. The size of the price sign
shall not exceed 12 square feet in area.
(3)
One identification sign for churches, hospitals, schools,
police, fire, playgrounds, parks and public utility installations
shall be permitted and shall not exceed 24 square feet in area. In
addition, a changeable copy sign not exceeding 16 square feet in area
and six feet in height shall also be permitted. The changeable copy
sign may be substituted with a permanent sign 16 square feet in area
and six feet in height to indicate charitable functions such as but
not limited to bingo.
(4)
One sign advertising the sale of farm produce raised
on the property from which it is sold, provided that such sign shall
not be greater than 30 square feet in area.
(5)
A sign identifying a multifamily residential development
shall not exceed 32 square feet and shall be limited to one per street
frontage.
(6)
Permanent signs identifying a residential subdivision
shall be permitted in accordance with the following:
(a)
Signs may be illuminated by external low-level,
ground-mounted spotlights.
(b)
Signs, including any structure on which the
sign is mounted, must be ground-mounted and no larger than 32 square
feet.
(c)
If the sign is to be installed by the developer,
it must be shown on the final subdivision plat and located on a private
lot or parcel, or within the common areas owned and controlled by
the homeowners' association applicable to the development.
[1]
The homeowners' association shall be solely
liable for all maintenance, repair, utility cost and insurance for
such sign. The sign and all adjacent landscaping shall be kept in
a well maintained state.
[2]
The provisions applicable to such sign in the
homeowners' association governing documents must be reviewed and approved
by the Township Solicitor.
[3]
The homeowners' association documents must give
the Township the right and power but not the obligation to maintain
the sign if the homeowners' association fails to maintain the same
and to assess the owner of the lot on which the sign exists for the
costs to complete such maintenance and repair.
(d)
If the sign is installed upon the application of the homeowners' association, the applicant shall execute an agreement containing provisions similar to Subsection G(6)(c)[1] and [3] above as a condition of such approval. The form of agreement shall be approved by the Township Solicitor.
(e)
The sign must be located outside of all applicable
site triangles.
(7)
Banners located in a designated area approved as part
of the final site plan approval for the development so long as they
meet the following conditions:
(a)
The property owner/occupant may only display
a banner a total of four times each calendar year.
(b)
Each banner may only be displayed up to a total
of 14 consecutive days. If less days are used, the extra days are
forfeited.
(c)
The maximum size of any banner is the maximum
permitted size of any facade or attached sign applicable to the property.
(8)
Flagpoles may be installed on a lot and must meet
the following requirements:
(a)
The front and side yard setbacks applicable
to flagpoles shall be 1/2 of the applicable minimum building front
and side yard setback; provided, however, that no flagpole may be
installed or erected in any required buffer area.
(b)
The maximum height of flagpoles is the maximum
height for buildings permitted in the applicable zoning district.
H.
Sign regulations applicable to specific zoning districts.
(1)
Specific signs in Industrial (M) and Office (O) Zones.
(a)
Each industrial/office establishment may have
one sign on or attached to the facade of the establishment on each
public street frontage. The sign shall not project or extend more
than two feet beyond the building line and shall not exceed an area
equal to either 15% of the facade area of the establishment facing
the street, including window and door area on which they are displayed,
or 50 square feet, whichever is smaller.
(b)
Each development with at least 100 feet of lot
frontage on a public street may have one freestanding sign on each
public street frontage, provided that such signs are not larger than
one-half square foot of sign per linear front foot of building, with
a maximum of 75 square feet of area, and shall be erected within the
property lines of the development to which they relate. In the case
of a group of two or more business uses sharing a common parking area,
one freestanding sign shall be permitted for the purpose of identifying
the site as an office complex or other professional use or identifying
the users within the development. Such sign shall not be larger than
one-half square foot of sign per linear front foot of building, with
a maximum of 75 square feet, and must be erected within the property
lines of the use to which it relates.
(2)
Specific signs in Commercial (C) and PCD Zones.
(a)
Each commercial establishment may have one sign
on or attached to the facade of the establishment on each public street
frontage. If the principal facade frontages of a group of commercial
establishments located in a shopping center or office complex are
oriented toward an internal pedestrian walkway or roadway, each commercial
business establishment may have one sign on or attached to the facade
facing such walkway or roadway. The sign shall not project or extend
more than two feet beyond the building line and shall not exceed 15%
of the facade area of the establishment facing the street, including
window and door area on which they are displayed, or 150 square feet,
whichever is smaller.
(b)
Each development with at least 100 feet of lot
frontage on a county road or municipal street may have one freestanding
sign on each public street frontage, provided that such signs are
not larger than one-half square foot of sign per linear foot of building
frontage, with a maximum of 75 square feet of area, and shall be erected
within the property lines of the development to which they relate.
(c)
In the case of a group of two or more business
uses sharing a common parking area, one freestanding sign shall be
permitted for the purpose of identifying the site as an office complex,
shopping center or other commercial or professional use or identifying
the users within the development. Such sign shall not be larger than
one-half square foot of sign per linear foot of building frontage
for all uses sharing the parking areas, with a maximum of 200 square
feet, and must be erected within the property lines of the use to
which it relates.
(d)
Each development with at least 100 feet of street
frontage on a state highway may have one freestanding sign on the
state highway (subject to Department of Transportation approval, if
required), provided that such sign shall not be larger than one-half
square foot of sign area per linear foot of building frontage, with
a minimum of 32 square feet and a maximum of 75 square feet of area,
and shall be erected within the property lines of the development
to which such sign relates.
(e)
Blade signs. One blade sign shall be permitted
along walking promenades to identify an individual business use in
lieu of a building identification sign. The sign shall not exceed
six square feet in size, and the bottom of the sign shall not be less
than eight feet above the paving ground.
(3)
Specific signs in Neighborhood Commercial (NC-1 and
NC-2) Zones.
[Added 12-7-2005 by Ord. No. 2005-38]
(a)
Each commercial establishment may have one sign
on or attached to the facade of the establishment on each collector
or higher street frontage. If the principal facade frontages of a
group of commercial establishments located in a shopping center or
office complex are oriented toward an internal pedestrian walkway
or driveway, each commercial business establishment may have one sign
on or attached to the facade facing such walkway or driveway in place
of the sign facing the public street frontage. Facade signs shall
not project or extend from the building facade more than one foot
and shall not exceed 7% of the facade area of the establishment facing
the street, including window and door areas on which they are displayed
or 70 square feet, whichever is smaller. In addition, each establishment
may have an identification sign on or next to its main entrance not
more than two square feet in size.
(b)
Each commercial project with at least 150 feet
of lot frontage on a collector or higher street may have one freestanding
sign on each such street frontage meeting the minimum frontage requirement,
provided that such signs shall not be larger than 50 square feet nor
more than eight feet high. Such sign shall be erected within and
a minimum of 10 feet from the property lines of the development to
which it relates. In no event shall such sign be erected within the
sight triangle of any intersection or driveway.
I.
Fines and penalties. In the event that an existing
nonconforming sign is altered or proposed to be altered, the sign
must either be brought into conformance with this chapter or removed
immediately. An alteration will include change of size and/or configuration
of sign and/or substantial reconstruction after destruction by fire,
storm or other calamity. Substantial reconstruction shall mean that
at least 50% of the sign and/or supporting structure will require
replacement. All owners of nonconforming signs will be notified that
their signs are nonconforming and of the terms of this chapter.
Wherever a lake-fronting residential dwelling exists, a waterfront structure (platform/deck) may be constructed closer than restricted by § 355-87 above, provided that the proposed plans meet the following conditions:
A.
The structure does not exceed 250 square feet in size.
B.
The dimensions of the structure shall not extend farther
into the water body than 12 feet from the lake frontage (edge of water).
C.
The structure shall not be raised more than 30 inches
above the natural ground level.
D.
Any connecting walkways do not exceed four feet in
width from any other structures permitted in the normal building envelope
required in the zone district.
E.
The proposed structure has received an approval from
the State Department of Environmental Protection, Division of Coastal
Resources and/or the Army Corps of Engineers, and all other applicable
authorities, if the proposed structure is to be located in a stream
encroachment, floodplain or wetland designated area.
A.
Temporary access structures and ramps may be installed
on a residential property, within the front or side yard setback areas,
for a period not to exceed six months with verification of the need
for the access from a licensed physician. The zoning permit may be
extended for an additional six months if the need is justified to
the satisfaction of the Zoning Officer.
B.
Any extension of time beyond the maximum of one-year
limit provided by this section shall require the submission of an
application to the Zoning Board for an approval of a variance to permit
the access structure and ramp to remain for a longer period of time.
C.
Any temporary access structure or ramp installed or
constructed under the special provisions of this section must be removed
when the ownership or tenancy of the property changes.
A.
Nothing in this chapter shall prevent the erection
above the building height limit of a parapet wall, cornice or screen
wall extending above such height limit not more than four feet.
B.
The height limitations in this chapter shall not apply
to church spires, belfries, cupolas, domes not used for human occupancy,
nor to chimneys, ventilators, skylights, water tanks, bulkheads, and
necessary mechanical appurtenances usually carried above the roof
level or to noncommercial radio and television antennas, except where,
in the opinion of the reviewing board engineer, such may be deemed
to interfere with aerial navigation or constitute a fire hazard. Such
features, however, shall not exceed in total coverage 20% of the total
roof area and shall not exceed a reasonable height in relation to
the height of the building which it is on at the roof line.
A.
Satellite television earth station dish antennas,
commonly referred to as "dish antennas," including structural supports,
shall be considered accessory structures. The following regulations
shall apply to all satellite dish antennas:
(1)
A satellite dish antenna is permitted as an accessory
use only on a lot that contains a principal structure.
(2)
A building structure or roof-mounted satellite dish
shall not exceed 24 inches in diameter or 10 feet in overall height.
A building permit shall not be required for a satellite dish antenna
less than two feet in diameter which is attached to any building,
structure or roof in accordance with the requirements of the Uniform
Construction Code.
(3)
The minimum rear and side yard setbacks for freestanding,
ground-mounted satellite dish antennas shall be 15 feet.
(4)
In case of a reverse frontage lot, no freestanding,
ground-mounted satellite dish antenna shall be erected closer than
25 feet from the right-of-way line at the street which abuts the rear
of the lot.
(5)
In case of a corner lot abutting two streets, freestanding,
ground-mounted satellite dish antennas shall not be located nearer
to the right-of-way line of the street forming the side yard boundary
than the required front yard setback on such street.
(6)
Ground-mounted satellite dish antennas shall be located
in the rear yard only.
(7)
Power control and signal cables from the ground-mounted
satellite dish antenna to the served structure shall be buried.
(8)
No residential lot may contain more than one satellite
dish antenna. No nonresidential lot may contain more than one satellite
dish antenna per individual business use.
(9)
The freestanding, ground-mounted satellite dish antenna
shall be located and/or screened so that it is not visible from a
public right-of-way or any adjacent residential property. Screening
shall consist of a minimum of a double row of 100% evergreen plantings
six feet apart and shall be five feet to six feet high at the time
of planting. A combination of landscaping and fencing may be accepted
by the Zoning Officer, at his discretion, as a substitute for the
above screening requirement. Also, partial relief from this requirement
may be granted by the Zoning Officer if, in his opinion, reception
of the satellite signal is hampered by the screening.
B.
Design standards.
(1)
The surface receiving area of any reflective dish
shall not exceed 25 square feet.
(2)
The freestanding, ground-mounted satellite dish antenna
shall be erected on a secure ground-mounted foundation.
(3)
The overall height from the ground level to the highest
point of the freestanding, ground-mounted dish satellite antenna or
any attachments thereto, when extended to the full height, shall be
no more than 15 feet.
C.
Satellite dish antennas shall be considered permitted
accessory structures in all nonresidential zones, subject to site
plan review by the reviewing board with jurisdiction over the site
plan application. Site plan approval is not required if the proposed
satellite dish antenna is less than 36 inches in diameter.
D.
A building permit and electrical permit will be required
for the installation of any building-, structure- or roof-mounted
satellite dish antenna exceeding two feet in diameter or any freestanding,
ground-mounted satellite dish antenna.
[Added by Ord. No. 2003-20]
This section of the Delran Township Code sets
forth regulations regarding low- and moderate-income housing units
in Delran Township that are consistent with the provisions of N.J.A.C.
5:93 et seq. as effective on June 6, 1994. These rules are permitted
pursuant to the Fair Housing Act of 1985[1] and Delran Township's constitutional obligation to provide
for its fair share of low- and moderate-income housing.
A.
Delran Township's new construction inclusionary component
will be divided equally between low- and moderate-income households
as per N.J.A.C. 5:93-2.20.
B.
Except for inclusionary developments constructed pursuant
to low-income tax credit regulations and the Summerhill and Glenbrook
developments which were the subject of court orders:
(1)
At least half of all units within each inclusionary
development will be affordable to low-income households;
(2)
At least half of all rental units will be affordable
to low-income households; and
(3)
At least one-third of all units in each bedroom distribution
pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C.
Inclusionary developments that are not age-restricted
will be constructed in conjunction with realistic market demands so
that:
(1)
The combination of efficiency and one-bedroom units
are at least 10% and no greater than 20% of the total low- and moderate-income
units;
(2)
At least 30% of all low- and moderate-income units
are two-bedroom units;
(3)
At least 20% of all low- and moderate-income units
are three-bedroom units; and
(4)
Low- and moderate-income units that are age-restricted
may utilize a modified bedroom distribution. At a minimum, the number
of bedrooms will equal the number of age-restricted low- and moderate-income
units within the inclusionary development.
D.
In conjunction with realistic market information,
the following criteria will be used in determining maximum rents and
sale prices:
(1)
Efficiency units will be affordable to a one-person
household;
(2)
One-bedroom units will be affordable to 1.5-person
households;
(3)
Two-bedroom units will be affordable to three-person
households;
(4)
Three-bedroom units will be affordable to 4.5-person
households;
(5)
Median income household size will be established by
a regional weighted average of the uncapped Section 8 income limits
published by HUD as per N.J.A.C. 5:93-7.4(b);
(6)
The maximum sales price of low- and moderate-income
units within each inclusionary development will be affordable to households
earning no more than 70% of median income. In averaging an affordability
range of 55% for sale units, this section will require moderate-income
sale units to be available for at least two different prices and low-income
sale units to be available for at least two different prices;
(7)
For both owner-occupied and rental units, the low-
and moderate-income units will utilize the same heating source as
market units within an inclusionary development;
(8)
Low-income units will be reserved for households with
a gross household income less than or equal to 50% of the median income
approved by COAH; moderate-income units will be reserved for households
with a gross household income less than 80% of the median income approved
by COAH as per N.J.A.C. 5:93-7.4(g); and
(9)
The regulations outlined in N.J.A.C. 5:93-9.15 and
9.16 will be applicable for purchased and rental units.
E.
For rental units, developers and/or municipal sponsors
may:
(1)
Establish one rent for a low-income unit and one for
a moderate-income unit for each bedroom distribution;
(2)
Gross rents, including an allowance for tenant-paid
utilities, will be established so as not to exceed 30% of the gross
monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(f).
The tenant-paid utility allowance will be consistent with the utility
allowance approved by HUD for New Jersey; and
(3)
The maximum rents of low- and moderate-income units
within each inclusionary development will be affordable to households
earning no more than 60% of the median income. In averaging an affordability
range of 52% for rental units, developers and/or municipal sponsors
of rental units may establish one rent for a low-income unit and one
rent for a moderate-income unit for each bedroom distribution.
F.
For-sale units:
(1)
The initial price of a low- and moderate-income owner-occupied
for-sale unit will be established so that after a downpayment of 5%,
the monthly principal, interest, homeowner and private mortgage insurance,
property taxes (based on the restricted value of the low- and moderate-income
unit) and condominium or homeowner fee do not exceed 28% of the eligible
gross monthly income;
(2)
Master deeds of inclusionary developments will regulate
condominium and homeowner association fees or special assessments
of low- and moderate-income purchasers at 100% of those paid by market
purchasers. This percentage is consistent with the requirement of
N.J.A.C. 5:93-7.4(e). Once established within the master deed, the
100% fee structure will not be amended without prior approval from
COAH;
(3)
Delran Township will follow the general provisions
concerning uniform deed restriction liens and enforcement through
certificates of occupancy or reoccupancy on sale units as per N.J.A.C.
5:93-9.3;
(4)
Delran Township will require a certificate of reoccupancy
for any occupancy of low- or moderate-income sale unit resulting from
a resale as per N.J.A.C. 5:93-9.3(c);
(5)
Municipal, state, nonprofit and seller options regarding
sale units will be consistent with N.J.A.C. 5:93-9.5 through 5:93-9.8.
Municipal rejection of repayment options for sale units will be consistent
with N.J.A.C. 5:93-9.9;
(6)
The continued application of options to create, rehabilitate
or maintain low- and moderate-income sale units will be consistent
with N.J.A.C. 5:93-9.10;
(7)
Eligible capital improvements prior to the expiration
of controls on sale units will be consistent with N.J.A.C. 5:93-9.11;
and
(8)
The regulations detailed in N.J.A.C. 5:93-9.12 through
5:93-9.14 will be applicable to low- and moderate-income units that
are for-sale units.
G.
In zoning for inclusionary developments, the following
is required:
(1)
Low- and moderate-income units will be built in accordance
with N.J.A.C. 5:93-5.6(d):
|
Minimum Percent of Low- and Moderate-Income
Units Completed
|
Percent of Market Housing Units Completed
| |
|---|---|---|
|
0%
|
25%
| |
|
10%
|
25% plus 1 unit
| |
|
50%
|
50%
| |
|
75%
|
75%
| |
|
100%
|
90%
| |
|
______________
| ||
|
100%
|
(2)
A design of inclusionary development that integrates
low- and moderate-income units with market units is encouraged as
per N.J.A.C. 5:93-5.6(f).
I.
To provide assurances that low- and moderate-income
units are created with controls on affordability over time and that
low- and moderate-income households occupy these units, Delran Township
will designate the Housing Assistance Service within the New Jersey
Department of Community Affairs with the responsibility of ensuring
the affordability of sales and rental units over time. The Housing
Assistance Service will be responsible for those activities detailed
in N.J.A.C. 5:93-9.1(a).
(1)
In addition, the Housing Assistance Service will be
responsible for utilizing the verification and certification procedures
outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and
moderate-income units;
(2)
Newly constructed low- and moderate-income sales units
will remain affordable to low- and moderate-income households for
at least 30 years. The Housing Assistance Service will require all
conveyances of newly constructed units to contain the deed restriction
and mortgage lien adopted by COAH and referred as Technical Appendix
E as found in N.J.A.C. 5:93; and
(3)
Housing units created through the conversion of a
nonresidential structure will be considered a new housing unit and
will be subject to thirty-year controls on affordability. The Housing
Assistance Service will require COAH's appropriate deed restriction
and mortgage lien.
J.
Regarding rehabilitated units:
(1)
Rehabilitated owner-occupied single-family housing
units that are improved to code standard will be subject to affordability
controls for at least six years.
(2)
Rehabilitated renter-occupied housing units that are
approved to code standard will be subject to affordability controls
for at least 10 years.
K.
Regarding rental units:
(1)
Newly constructed low- and moderate-income rental
units will remain affordable to low- and moderate-income households
for at least 30 years. The Housing Assistance Service will require
the deed restriction and lien and deed of easement referred to as
Technical Appendix H as found in N.J.A.C. 5:93;
(2)
Affordability controls in accessory apartments will
be for a period of at least 10 years except if the apartment is to
receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then
the controls of affordability will extend for 30 years; and
(3)
Alternative living arrangements will be controlled
in a manner suitable to COAH that provides assurances that such a
facility will house low- and moderate-income households for at least
10 years, except if the alternative living arrangement is to receive
a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls
on affordability will extend for 30 years.
L.
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301
et seq. incorporates the need to eliminate unnecessary cost-generating
features from Delran Township's land use ordinances. Accordingly,
Delran Township will eliminate development standards that are not
essential to protect the public welfare and to expedite or fast-track
municipal approvals/denials on certain affordable housing developments.
Delran Township will adhere to the components of N.J.A.C. 5:93-10.1
through 5:93-10.3.
M.
Delran Township has a fair-share obligation of 232
units, of which 207 is the new construction component. This section
will apply to all developments that contain proposed low- and moderate-income
units that are listed below and any future developments that may occur:
(1)
The affirmative marketing plan is a regional marketing
strategy designed to attract buyers and/or renters of all majority
or minority groups, regardless of sex, age or number of children to
housing units which are being marketed by a developer/sponsor, municipality
and/or designated administrative agency of affordable housing. The
plan will address the requirements of N.J.A.C. 5:93-11. In addition,
the plan prohibits discrimination in the sale, rental, financing or
other services related to housing on the basis of race, color, sex,
religion, handicap, age, familial status/size or national origin.
Delran Township is in the housing region consisting of Burlington,
Camden and Gloucester Counties. The affirmative marketing program
is a continuing problem and will meet with the following requirements:
All newspaper articles, announcements and requests for applications
for low- and moderate-income units will appear in the following daily
regional newspapers/publications: The Burlington County Times, The
Camden Courier Post, and the Gloucester County Times.
(2)
The primary marketing will take the form of at least
one press release sent to the above publications and a paid display
advertisement in each of the above newspapers. Additional advertising
and publicity will be on an as-needed basis.
(3)
The advertisement will include the description of:
(4)
All newspaper articles, announcements and requests
for applications for low- and moderate-income housing will appear
in neighborhood-oriented weekly newspapers, religious publications
and organizational newsletters within the region, if needed, in order
to attract sufficient applicants.
(5)
The following regional radio and/or cable televisions
stations will be used as necessary for public service announcements:
WGLS (89.7), Rowan College of New Jersey and WDBK (91.5) Camden County
College.
(6)
The following is the location of applications, brochures,
signs and/or posters used in the affirmative marketing program: Delran
Municipal Building, 900 Chester Avenue, Delran, New Jersey; Delran
Municipal Library; Burlington County Library; Camden County Library;
Gloucester County Library; and developers' sales offices. Major employers:
JCI Data Processing; Hoeganaes; and New Bridge Communications.
(7)
The following is a list of community contact persons
and/or organizations in Burlington, Camden and Gloucester Counties
that will aid in the affirmative marketing program with particular
emphasis on contacts that will reach out to groups that are least
likely to apply for housing within the region:
(8)
Quarterly flyers and applications will be sent to
each of the following agencies for publication in their journals and
for circulation among the members: Boards of Realtors in Burlington,
Camden and Gloucester Counties.
(9)
Applications will be mailed to prospective applicants
upon request.
(10)
Additionally, quarterly informational circulars
and applications will be sent to the chief administrative employees
of each of the following agencies in Burlington, Camden and Gloucester
Counties:
(11)
The random selection method that will be used
to select occupants of low- and moderate-income housing will be specified
by the Housing Assistance Service.
(12)
The Housing Assistance Service is the agency
under contract with Delran Township to administer the affirmative
marketing program. The Housing Assistance Service has a responsibility
to income-qualify low- and moderate-income households; to place income-eligible
households in low- and moderate-income units upon initial occupancy;
to provide for the initial occupancy of low- and moderate-income units
with income-qualified households; to continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; to assist with advertising and outreach to
low- and moderate-income households; and to enforce the terms of the
deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Township
Clerk within Delran Township is the designated housing officer to
act as liaison to the Housing Assistance Service. The Housing Assistance
Service will provide counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements and landlord/tenant law.
(13)
Households who live or work in the COAH-established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced. Delran Township
intends to comply with N.J.A.C. 5:93-11.7.
(14)
Developers of low- and moderate-income housing
units may assist in the marketing of affordable units in their respective
developments.
(15)
The marketing program will commence at least
120 days before the issuance of either temporary or permanent certificates
of occupancy. The marketing program will continue until all low- and
moderate-income housing units are initially occupied and for as long
as affordable units are deed restricted and occupancy or reoccupancy
of units continues to be necessary.
(16)
The Housing Assistance Service will comply with
monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and
12.1.
N.
Delran Township will undertake a rehabilitation program
to rehabilitate 18 substandard housing units occupied by low- and
moderate-income households. Delran Township has designated the Burlington
County Home Improvement Loan Program to administer the rehabilitation
program, including the preparation of a marketing plan for the rehabilitation
program. The rehabilitation program will be consistent with N.J.A.C.
5:93-5.2(b) through 5:93-5.2(1).
P.
The exterior appearance of low- and moderate-income
units shall be indistinguishable from the facades of market rate units
in inclusionary developments. The low- and moderate-income units shall
be dispersed throughout inclusionary developments among market rate
units of the same tenure type to the greatest practical extent.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
