The Township is divided into zoning districts
as enumerated below and as shown on the Zoning Map.
[Amended 8-20-1992 by Ord. No. 92-09; 7-8-1993 by Ord. No. 93-07; 7-14-1994 by Ord. No. 94-10; 3-25-1999 by Ord. No. 99-06]
The boundaries of zoning districts are established
on the map entitled "East Amwell Township Zoning Map" dated March
1999, which accompanies and is made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Municipal Clerk.
A.
Zoning district lines are intended to follow street
center line, streams, and lot lines unless otherwise indicated by
dimensions on the Zoning Map. Any disputed zoning district line shall
be determined by the Planning Board.
[Amended 3-8-2018 by Ord.
No. 18-02]
B.
If a zoning district line divides a lot, the use of
one district may be extended into the other for a distance no greater
than 50 feet, provided that the property line lies within 50 feet.
The permitted uses of the extended district shall be permitted in
the extended area.
C.
Where a street or public way serves as the zoning
district line and it is lawfully vacated, the former center line shall
be the zoning district line.
[Amended 7-14-1994 by Ord. No. 94-10]
No lot shall have erected upon it a structure
for more than one principal permitted use. No more than one principal
building shall be permitted on one lot, except that shopping centers
and office complexes, when permitted, may be permitted more than one
building on a lot in accordance with an approved site plan where all
buildings are sited to comply with all yard definitions. In addition,
not more than three single-family homes may be erected on one tract,
provided that the original tract is at least 50 acres, and each home
is located so as to permit a subdivision of at least 10 acres for
each lot conforming with or exceeding the flag lot requirements of
this chapter.
[Amended 7-14-1994 by Ord. No. 94-10; 3-25-1999 by Ord. No. 99-06; 3-8-2001 by Ord. No. 01-02; 7-8-2021 by Ord. No. 21-16]
All uses not expressly permitted in this chapter are prohibited including, for example, junkyards and mining. In addition, without limiting the foregoing language, uses not specifically permitted under § 92-91B of this chapter are not permitted in the Amwell Valley Agricultural District. In general, nonfarm uses and activities that generate large amounts of traffic or noise, require substantial parking, or could impose a threat to agricultural soils and water supplies are inconsistent with the purposes of the Amwell Valley Agricultural District and are not permitted in it. Additionally the following uses shall be expressly prohibited: photoprocessing, dry cleaning, printing, furniture stripping and refinishing, auto painting and any other use and/or manufacturing involving the discharge of industrial wastes as defined in 33 USCA 1251 et seq., and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
A.
Any use, building or structure lawfully existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform with this chapter. (See § 92-58.) Any nonconforming use or structure existing at the time of passage of the ordinance to which this chapter is an amendment, or any subsequent amendment thereto, may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. A prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure was in existence before the adoption of the ordinance which rendered the use or structure nonconforming and that said use or structure may continue as a lawful preexisting use pursuant to N.J.S.A. 40:55D-68. The applicant shall have the burden of proof. Within one year of the adoption of the ordinance which rendered such use or structure nonconforming, applications pursuant hereto shall be made to the Zoning Officer. After such one-year time period, application shall be made to the Planning Board. The administrative officer shall be entitled to demand and receive for such certificate a fee in accordance with § 92-20D(3)(h) hereof, which fee(s) shall be turned over to the municipality. Said administrative officer shall cause notice of the Zoning Officer's decision with regard to either approval or denial of the certification to be published in the municipality's official newspaper(s) designated for publication of land development notices within 10 days of the issuance of such certification or denial of same. The applicant shall pay for the cost of such publication. Any interested party affected by any decision of the Zoning Officer may appeal such decision to the Planning Board in accordance with N.J.S.A. 40:55D-72 within 20 days of publication of notice of decision.
[Amended 12-30-2002 by Ord. No. 02-22; 3-8-2018 by Ord. No. 18-02]
B.
Maintenance. Maintenance may be made to a nonconforming
use, structure, or lot, provided that the maintenance work does not
change the use, expand the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose, or increase
the nonconformity in any manner.
C.
Building additions - residential lots.
[Amended by 3-13-1997 by Ord. No. 97-04; 10-23-1997 by Ord. No.
97-29; 9-9-1999 by Ord. No. 99-20; 12-30-2002 by Ord. No. 02-22]
(1)
Any existing structure with a permitted use located
on either a conforming size lot or nonconforming size lot created
after 1964 may have additions to the principal building and/or additions
to an accessory building without an appeal for a variance, provided
that the total permitted lot coverage is not exceeded and no further
encroachment into required setbacks or yard space is involved.
[Amended 9-25-2003 by Ord. No. 03-14]
(2)
Alternatively, a single-family dwelling, existing
before 1964, located on either a conforming or nonconforming lot of
less than 1.5 acres with less than 150 feet frontage may have a construction
permit issued for an addition, provided that the permitted lot coverage
is not exceeded. The required side yard setback may be reduced by
a distance calculated by multiplying the required side yard distance
by the ratio of the width of the lot at the existing dwelling's front
surface to the required lot width; provided, however, that no side
yard shall be reduced to less than 1/2 the distance otherwise required.
The required rear yard setback may be reduced by a distance calculated
by multiplying the required rear yard setback by the ratio of the
depth of the property to the required lot depth; provided, however,
that no rear yard setback shall be reduced to less than 1/2 the distance
otherwise required. This section does not provide for reduction in
the required front yard setback.
(3)
Notwithstanding the above, the extension of the front
of any nonconforming residential dwelling existing before 1964, which
extension is no closer to the front lot line than the existing front
residential dwelling line, is permitted without an appeal for a variance
so long as the extension does not violate any side yard or rear yard
setback requirement of the district in which the subject parcel is
located.
(4)
Additions to the rear of an existing dwelling, which
additions and/or dwelling do not comply with the front yard setback
requirement, may be permitted without an appeal for a variance, as
long as the addition is no closer to the front lot line than the existing
front yard setback nonconformity, and the addition does not violate
any side or rear yard setback requirement.
(5)
Dormer or roof-raising additions to an existing nonconforming
dwelling shall be permitted without an appeal for a variance, provided
that the existing footprint of the dwelling is not expanded and the
overall height of the roof is within the specified limits of the ordinance.
(6)
A new permitted accessory building may be built if
it does not violate any setbacks of the district in which the subject
parcel is located.
[Added 9-25-2003 by Ord. No. 03-14]
D.
Expansion of nonconforming uses. A nonconforming use
may have the gross floor area expanded by not more than 25% of the
gross floor area that existed June 1, 1979, except that such expansion
shall only be permitted if the most restrictive yard requirements,
building coverage and off-street parking requirements can be met for
the use, or a similar use, as set forth in a district where the use
is permitted.
E.
Restoration and repairs.
(1)
Any nonconforming structure or use which has been
condemned or damaged by fire, explosion, flood, windstorm or act of
God, shall be examined by the Construction Official. If in his opinion
the value of repairing the condition is greater than 80% of the value
of replacing the entire structure, it shall be considered completely
destroyed and may be rebuilt to the original specifications only upon
approval of a use variance.
(2)
Where the value of repairing the condition is determined
to be less than 80% of the value of replacing the entire structure,
the nonconforming structure or use may be rebuilt and used for the
same purpose as before, provided that it does not exceed the height,
area and bulk of the original structure. The reconstruction shall
commence within 12 consecutive months of the date the building was
damaged or condemned with the reconstruction carried out without interruption,
otherwise the damaged structure shall not be rebuilt as a nonconforming
use or building.
(3)
The percent damaged or condemned shall be the current
replacement costs of the portion damaged or condemned computed as
a percentage of the current replacement cost of the entire structure,
neither to include the cost of the foundation unless the foundation
is damaged or condemned.
F.
Subdivision of lots. An existing lot whose area and/or
dimensions are sufficient to permit a subdivision, but where a structure
exists on the lot with one or more setback violations, may nevertheless
be subdivided without an appeal for a variance, provided that the
subdivision itself does not create any new zoning violations and does
not increase the severity of the existing setback violations such
as moving the lot line even closer to the existing building.
G.
Any provisions of § 92-58 hereof to the contrary notwithstanding, any lot located in the Amwell Valley Agricultural District which was lawfully created before the effective date of this chapter and which has a lot area of at least 1 1/2 acres may be used for single-family dwelling purposes as a principal use (without the lot being deemed, for such purposes, to have merged with any adjoining land in the same ownership); any single-family dwelling or accessory structure to it thereon may be enlarged, and any single-family dwelling or accessory structure to it thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a nonconforming use or structure, provided that:
[Added 12-29-1998 by Ord. No. 98-28]
(1)
All regulations except the front, side and rear yard,
maximum impervious surface and maximum height requirements generally
prescribed for a single-family dwelling lot for the district by this
chapter shall be complied with.
(2)
The lot shall have frontage along a public street or road at least equal to the minimum lot width prescribed under § 92-87G(3)(a) or (b) below, unless the lot was created pursuant to and complies with § 92-88C of this chapter (or any predecessor to that section contained in any prior ordinance of this Township regulating land use).
(See § 92-32.)
A.
Height.
[Amended 9-9-1999 by Ord. No. 99-20; 3-13-2003 by Ord. No. 03-02]
(1)
Roof structures such as elevators, tanks, ventilating
fans, solar panels, air-conditioning equipment, fire or parapet walks,
skylights, cupolas, chimneys, radio and TV towers or similar structures
may be erected no more than 10 feet or 10% above the height limits
of this chapter, whichever is shorter. No height limitation in this
chapter shall apply to any of the following structures: spires and
steeples on houses of worship, water towers, fire observation towers,
electric transmission facilities and supporting structures, silos
and other agricultural buildings, windmills, chimneys not exceeding
three feet above the height of building structure and flagpoles not
exceeding 10 feet above the height permitted in the specific zone.
(2)
Notwithstanding the foregoing, the height restrictions
on wireless telecommunications towers, equipment and antennas shall
be regulated by §§ 92-89D(9), 92-90D(9), 92-91C(7),
92-91D(6) and 92-97D, as the case may be.
C.
Flag lots. Where flag lots are permitted, the required
frontage on an improved street may be reduced to not less than 30
feet measured perpendicularly to such strip, provided that:
(1)
The body of the lot, exclusive of the access strip
connecting it to the public road, has an area and dimensions meeting
the minimum requirements for the district in which it is located.
(2)
The center line of the access strip of the proposed
lot shall intersect the street line at an angle between 75° and
90°, and the width of the access strip of the proposed lot shall
be no less than 30 feet at any point throughout its course. The access
strip shall be continuous and under the same ownership as the proposed
lot.
[Amended 7-14-1994 by Ord. No. 94-10]
(3)
The intersection of the access strip with the public
street shall be such that access to and from the public street, the
improvement and use of the access strip along the full course of the
access strip, and proper sight triangles, as well as the drainage
and other site considerations, shall be provided in a manner not adversely
affecting the remainder of the tract or adjoining properties.
(4)
The proposed subdivision does not adversely affect
the development of the remainder of the parcel.
(5)
A flag lot stem may serve two abutting lots that otherwise
have street frontage.
[Amended 7-14-1994 by Ord. No. 94-10]
(6)
No more than two access strips shall be contiguous.
Additional strips shall be located no closer than 400 feet to other
access strip measured along the street between the lot lines.
(7)
Any approved flag lot in any zone shall not be further
subdivided for the purpose of creating new building lots. The Planning
Board shall require deed restrictions on all approvals to enforce
this provision.
[Amended 7-14-1994 by Ord. No. 94-10]
[Added 8-20-1992 by Ord. No. 92-09; amended 9-11-1997 by Ord. No. 97-20; 12-30-2002 by Ord. No. 02-22; 12-11-2003 by Ord. No. 03-20]
A.
Purpose.
(1)
The natural resources of the Sourland Mountain are
of regional and state-wide significance and represent an important
part of East Amwell Township's rural and community character. The
convergence of critical features, including wetlands, large contiguous
forests, limiting geology, characterized by low rates of recharge
for bedrock aquifers and low yielding wells, and critical habitat
for threatened and endangered species, points to the need for land
use policies and regulations that promote sustainability and resource
preservation. Critical public health and welfare concerns include
protecting an adequate water supply and preventing contamination of
drinking water by improperly treated septic effluent.
(2)
This zoning district is intended to recognize the general environmental frailty of the Sourland Mountain with its generally rugged terrain, rocky soils and limited access. Encompassing lands with an elevation between 240 feet and 540 feet above mean sea level, the Sourland Mountain District is underlain with hard rock formations having very limited water-bearing potential. Tributary streams originating in the Sourland Mountain District are headwaters to the Stony Brook, Back Brook and the Neshanic River. Wetlands on the ridge and significant areas of Palustrine wetlands on slope areas are watershed feeders. Steep slopes and high erosion potential are additional severe development constraints unique to the slopes adjacent to the ridge. Due to the natural limitations of this district and a desire to promote a sustainable human and wildlife habitat, minimum design standards and criteria are intended to protect natural and cultural resources and preserve the rural character of the Sourland Mountain.
(3)
The regulations for the Sourland Mountain District are also intended to promote the intent of the State Development and Redevelopment Plan, including:
(a)
Protecting critical natural resources.
(b)
Balancing ecological systems and beneficial
growth.
(c)
Relating the character of development to the
capacity of natural systems on a sustainable resource basis.
(d)
Maintaining large contiguous areas of undisturbed
habitat to protect natural resources.
C.
Accessory uses.
(2)
Home occupations associated with detached single-family dwellings, provided that all comply with the definition of a home occupation and provided, further, that any home occupation otherwise permitted by this chapter shall not be permitted in the Sourland Mountain District if the home occupation and dwelling unit combined generate a demand for water greater than the normal water demand for a detached single-family dwelling.
(3)
Wireless telecommunications antennas on existing structures,
subject to site plan approval.
(4)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No.
11-07]
D.
Conditional uses shall be as follows:
(1)
Conversion of a single-family home or outbuilding,
such as a barn, carriage house or similar structure, any of which
shall have been in existence prior to June 21, 1963, to a secondary
living unit; provided, however, that the following conditions are
satisfied:
[Amended 10-13-2005 by Ord. No. 05-30[1]]
(a)
There is adequate water supply.
(b)
The septic disposal system has been approved
by the Board of Health.
(c)
The minimum lot size shall be 30 acres.
(d)
The size of the additional living unit shall
not exceed 800 square feet.
(e)
Any secondary residence contains not more than
two bedrooms.
(f)
If the secondary unit is larger than 800 square
feet or has more than two bedrooms, no further expansion shall be
permitted.
[1]
Editor’s Note: See the editor's note
following the history in the definition of "farm building" for the
purpose of this ordinance.
(2)
Public utilities necessary for the service, convenience
or welfare of the public, provided that an application is made by
the public utility to the Planning Board for a determination that
the service, convenience or welfare of the public is involved.
(3)
Firehouses and other municipal services.
(4)
Agricultural uses and farms, including all farm and
agricultural activities, such as nurseries, small animal and livestock
raising, provided that:
[Amended 10-13-2005 by Ord. No. 05-30[2]]
(a)
Such uses and cleared areas for farms shall
be limited to existing cleared areas as shown on an aerial photograph
prepared by the New Jersey Department of Environmental Protection
and dated March 2002.
(b)
Woodland management activities conducted in order to qualify for farmland assessment shall not require approval by the Planning Board. Refer also to Chapter 129, Tree Harvesting, which prohibits clearcutting as a method for obtaining farmland assessment. A farm having farmland assessment as of December 11, 2003, and consisting of cropland harvested and/or cropland pastured and/or permanent pasture as documented on a properly filed FA-1 farmland assessment application, need not apply for conditional use approval, provided such use does not involve any additional clearing and does not exceed the maximum lot coverage as permitted according to § 92-89F.
(c)
Farm buildings, as defined in this chapter shall be situated on lots of at least 30 acres. However, on lots smaller than 30 acres, the Zoning Officer shall approve an accessory building which is 2,000 square feet or less, and such accessory building may be used for farm animals, at the landowner’s discretion, provided it does not require any additional clearing, it meets all setback requirements for a farm building and does not exceed the maximum lot coverage as permitted according to § 92-89F.
(d)
Any application for a change in land use from
woodlot management to any other form of agriculture which requires
clearing of trees shall be subject to conditional use approval by
the Planning Board.
[2]
Editor’s Note: See the editor's note
following the history in the definition of "farm building" for the
purpose of this ordinance.
(5)
Wireless communication towers as principal or accessory uses, subject to site plan approval, and provided that the application complies with § 92-80 herein, and provided that the following further conditions are met:
(a)
An applicant to construct a wireless telecommunications
tower shall present documentary evidence regarding the need for cellular
antennas within the Township of East Amwell. This information shall
identify the cellular network layout and coverage areas to demonstrate
the need for such equipment within the Township.
(b)
An applicant proposing to erect a new wireless
telecommunications tower shall provide documentary evidence that a
legitimate attempt has been made to locate the antennas on existing
building or structures. Such evidence shall include a radio frequency
engineering analysis of the potential suitability of existing buildings
or structures in the search area for such antennas. Efforts to secure
such locations shall be documented through correspondence between
the wireless telecommunications provider and the property owner of
the existing buildings or structures. The Township reserves the right
to engage a professional radio frequency engineer to review such documentation.
(c)
Applicants proposing to construct new wireless
telecommunications towers shall document the locations of all existing
telecommunications towers within East Amwell Township and surrounding
areas with coverage in the Township and shall provide competent testimony
by a radio frequency engineer regarding the suitability of potential
locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to collocate
its equipment on such tower, the applicant shall provide written evidence
of correspondence with the owner of such tower verifying that suitable
space is not available on the existing tower(s).
(d)
When an applicant to construct a wireless telecommunications
tower demonstrates to the satisfaction of the reviewing agency that
suitable locations on existing buildings or structures either do not
exist or are not available, the applicant may erect a new telecommunications
tower suitably constructed and finished, according to the following
requirements.
(e)
No wireless telecommunications towers shall
be erected within 1,000 feet of any of the following:
(f)
Wireless telecommunications towers shall not
be erected within 2,500 feet of any historic district or any historic
site listed or designated as eligible for listing on the National
and/or State Register of Historic Places.
E.
Area, yard and bulk regulations for Sourland Mountain.
See Area, Yard and Bulk Regulations at the end of this chapter.
F.
Maximum lot coverage in the Sourland Mountain District shall be in accordance with the following table, based on lot area.
[Amneded 7-15-2004 by Ord. No. 04-15]
|
Lot Area
|
Maximum Lot Coverage Based
on Lot Area
| |
|---|---|---|
|
First 5 acres
|
5%
| |
|
Additional lot area up to 15 acres
|
3%
| |
|
Additional lot area over 15 acres
|
1%
|
G.
Maximum gross floor area for a principal dwelling in the Sourland Mountain District shall be in accordance with the following table, based on lot area.
|
Lot area
|
Maximum Gross Floor Area
(see definition)
| |
|---|---|---|
|
Up to 1 acre
|
2,178 square feet
| |
|
Over 1 acre but less than 5 acres
|
2,178 square feet, plus 1 square foot per 100
square feet of lot area over 1 acre
| |
|
5 acres and over but less than 10 acres
|
3,920 square feet, plus 1 square foot per 150
square feet of lot area over 5 acres
| |
|
10 acres and over up to 15 acres
|
5,372 square feet, plus 1 square foot per 200
square feet of lot area over 10 acres
| |
|
Additional lot area over 15 acres
|
6,461 square feet, plus 1 square foot per 250
square feet of lot area over 15 acres
|
(1)
These standards do not apply to a secondary residence,
to barns, or other outbuildings.
(2)
When a lot in the Sourland Mountain District contains two dwelling units, the larger unit is the primary dwelling unit and shall conform to maximum gross floor area standards below.
I.
Design standards.
(1)
Forest management and forest preservation.
[Amended 10-13-2005 by Ord. No. 05-30[3]]
(a)
Clearing of forests, defined herein as the removal of all standing trees and/or understory, shall not exceed a cumulative total of 30,000 square feet of cleared area within the Sourland Mountain District, exclusive of driveways up to 10,000 square feet as measured to the edge of clearing, unless a variance is granted pursuant to N.J.S.A. 40:55d-70. Clearing for the driveway shall be minimized wherever possible; curving alignments may be used to retain mature trees and preserve the forest canopy. If the driveway requires more than 10,000 square feet of clearing, then the clearing around the dwelling shall be reduced by the amount that driveway clearing exceeds 10,000 square feet. However, nothing herein shall be construed to prevent property owners from removing dead trees, diseased trees, and/or non-native and/or invasive species of trees, shrubs and groundcovers, such as overgrowth of multiflora rose or poison ivy. Best management practices related to forest stewardship are encouraged.
(b)
When a lot has a cleared area greater than 30,000
square feet, it is not entitled to any additional clearing, except
the minimum necessary to gain access to the pre-existing cleared area
on the lot.
(c)
Prior to any tree removal related to new construction,
all trees shall be flagged and areas to be cleared shall be identified
for field inspection by the Township Engineer or other approved representative
of the Township.
(d)
All clearing shall be limited to the area within
500 feet of the street line, when the lot abuts a street, unless the
lot contains a cleared area that is situated farther than 500 feet
from the street line, as documented on the May 2002 NJDEP aerial photograph.
When such cleared area is situated farther than 500 feet from the
street line, the construction of buildings and structures, as permitted
by this chapter, shall be permitted within such cleared area, provided
that any additional clearing is limited to the minimum necessary to
gain access to the pre-existing cleared area on the lot.
[3]
Editor’s Note: See the editor's note
following the definition of "farm building" for the purpose of this
ordinance.
(2)
Tree conservation buffers.
(a)
A “tree conservation buffer,” as
provided in this section, shall mean an area of undisturbed native
vegetation wherein vegetation removal shall not be permitted except
as set forth below.
[Amended 10-13-2005 by Ord. No. 05-30[4]]
[4]
Editor’s Note: See the editor's note
following the definition of "farm building" for the purpose of this
ordinance.
(b)
Applicability. In order to preserve existing trees and undisturbed vegetation, a tree conservation buffer, 100 feet wide adjacent to any road or public right-of-way, and 50 feet wide adjacent to any lot line, shall be provided around the perimeter of any tract proposed for subdivision. For all lots less than 15 acres, a tree conservation buffer shall be provided around the perimeter of any tract for a distance equaling the amount of the bulk setback requirements stated in Bulk standards for Grandfathered undersized lots in the Sourland Mountain District appearing after § 92-89K of the Code.
[5]
Editor’s Note: See the editor's note
following the definition of "farm building" for the purpose of this
ordinance.
(c)
Preservation of existing vegetation within the
Tree Conservation Buffer. All native shrubs and ground cover shall
be retained, and no healthy existing tree with a dbh (diameter at
breast height) in excess of six inches shall be removed from the tree
conservation buffer. Existing living trees shall be protected in accordance
with the following requirements:
[1]
Tree protection measures and the limit of disturbance
line shall be shown on the subdivision plan or plot plan for a new
dwelling. Tree protection measures shall be provided in the field
with snow fencing or other durable material and verified by the Township
Engineer or other designated Township official prior to soil disturbance.
[2]
Protective barriers shall not be supported by
the plants they are protecting, but shall be self-supporting. Barriers
shall be minimum of four feet high and shall remain in place until
construction is complete.
[3]
Chain link fencing may be required for tree
protection at the discretion of the Township Engineer.
[4]
Snow fencing used for tree protection shall
be firmly secured at or beyond the dripline (perimeter of tree canopy),
but no less than six feet from the trunk.
[5]
The elevation of the land located within the
dripline shall not be raised or lowered more than six inches unless
compensated by welling or retaining wall methods. In no event shall
welling or retaining wall methods extend less than six feet from the
trunk of a tree.
[6]
No soil stockpiling or storage of building materials,
construction equipment or vehicles shall be permitted within the dripline
or within six feet of any remaining trees, whichever is greater.
[7]
Any clearing as shown on the approved plan within
the dripline or within six feet of the trunk of a remaining tree,
whichever is greater, shall be done by hand-operated equipment.
[8]
Although retention of dead trees may be healthy
for the ecosystem, nothing in this section shall be construed to prevent
the removal of dead trees, diseased trees, and/or non-native and/or
invasive species of trees, shrubs and groundcovers.
[Added 10-13-2005 by Ord. No. 05-30[6]]
[6]
Editor’s Note: See the editor's note
following the definition of "farm building" for the purpose of this
ordinance.
[9]
Although lawns are discouraged in the Sourland Mountain District, nothing in this section shall be construed to require removal or replacement of existing lawn or landscaping, within the tree conservation buffer area, as documented on the May 2002 NJDEP aerial photograph, or lawns installed since that date but before October 13, 2005.
[Added 10-13-2005 by Ord. No. 05-30[7]]
[7]
Editor’s Note: See the editor's note
following the definition of "farm building" for the purpose of this
ordinance.
(d)
Conservation easement. Tree conservation buffers shall be placed in a conservation easement as defined in § 92-4. The conservation easement shall be subject to review and approved by the Township Engineer and Township Attorney and shall be recorded prior to the applicant recording any subdivision map or deed.
(e)
Nonconforming structures in a tree conservation
buffer adjacent to a road right-of-way. Existing structures located
within a tree conservation buffer adjacent to a road right-of-way
as of December 11, 2003, may remain within the buffer, and additions
or expansions to the nonconforming structure shall be permitted within
the one-hundred-foot buffer adjacent to the road right-of-way, provided
the addition or expansion of the existing structure is located no
closer to the front lot line than the existing principal building
setback or 50 feet, whichever is greater.
[Amended 10-13-2005 by Ord. No. 05-30[8]]
[8]
Editor’s Note: See the editor's note
following the definition of "farm building" for the purpose of this
ordinance.
(f)
Remediation. Any tree unlawfully removed shall
be subject to a tree replacement requirement, where hardwood trees
of a minimum one-and-one-half-inch caliper (eight to 10 feet high)
are required to replace trees unlawfully removed at a two for one
ratio. Any such tree replacement shall require the use of deer sleeves
to permit survival of the trees, fall planting is favored and a two-year
landscaping guarantee shall be required.
[Added 10-13-2005 by Ord. No. 05-30[9]]
[9]
Editor’s Note: See the editor's note
following the definition of "farm building" for the purpose of this
ordinance.
(3)
Recharge.
(a)
Any application for subdivision or construction of a dwelling unit on an existing vacant lot conforming to § 92-89G shall implement measures to mitigate reduced recharge following construction, including gutters connected to dry wells, swales, rain gardens or other features, to increase infiltration of precipitation, to the greatest extent practicable.
(4)
Lot suitability requirements.
(a)
Each new lot created under this section, including
lands remaining, shall be arranged to permit a five-hundred-foot diameter
circle to be inscribed within its lot lines.
(b)
Each new lot created under this section, including
lands remaining, shall have a minimum of 22,500 contiguous square
feet of unconstrained area within the five-hundred-foot diameter circle
inscribed within its lot lines. Unconstrained areas include those
free of wetlands and their transition areas, floodplains and slopes
greater than 12%.
J.
Nonconforming lots. Any nonconforming lot in the Sourland Mountain District, which existed on December 11, 2003, that is five acres or more with a minimum of 250 feet of road frontage, or a flag lot of at least 10 acres with a minimum road frontage of 50 feet, may have a construction permit issued without an appeal to the Planning Board if the proposed building is situated at least 100 feet from any lot line, subject to meeting the requirements of § 92-58G(1)(a) through (f). Any interested property owner may apply in writing for issuance of a certificate certifying that the nonconforming lot was in existence on December 11, 2003, and may continue the lot as a preexisting lot pursuant to N.J.S.A. 40:55D-68 by following the procedures set forth on § 92-87. Construction of new dwellings and their accessory buildings on flag lots greater than 10 acres shall be located within an existing cleared area if one exists, or at the closest location to a conforming location nearest to the end of the flag stem where a building can reasonably be located if there is no preexisting clearing on the lot.
[10]
Editor’s Note: See the editor's note
following the definition of "farm building" for the purpose of this
ordinance.
K.
Grandfather clause for residences on undersized lots in the Sourland Mountain District. Any lot less than 15 acres in size may have a construction permit issued in accordance with the chart of bulk standards below without an appeal to the Planning Board for the residential uses detailed in Subsection K(1) and (2) below, provided that the requirements in the following table are met, the requirements in notes #2 and #4 of the Schedule of Area, Yard and Bulk Regulations for the Sourland Mountain District are met, and all Board of Health requirements are met.
(1)
Additions to a single-family detached dwelling which
has previously been legally constructed on the lot and/or for a permitted
accessory building; and
(2)
New construction of a single-family detached dwelling
for which a variance has been approved.
|
Bulk Standards for Grandfathered Undersized Lots in the Sourland Mountain District
| |||||
|---|---|---|---|---|---|
|
Size of Lot
| |||||
|
Up to 1 1/2 Acres
|
Greater Than 1 1/2 Acres but Less Than
3 Acres
|
Greater Than or Equal to 3 Acres but Less
Than 5 acres
|
Greater Than or Equal to 5 Acres but Less
Than 15 acres
| ||
|
All structures
| |||||
|
Minimum distance to lot line
| |||||
|
Side yard
|
20 feet
|
30 feet
|
50 feet
|
50 feet
| |
|
Front yard
|
50 feet
|
50 feet
|
75 feet
|
100 feet
| |
|
Rear yard
|
40 feet
|
50 feet
|
50 feet
|
50 feet
| |
|
Maximum
| |||||
|
Building height for single-family residence
|
35 feet
|
35 feet
|
35 feet
|
35 feet
| |
|
Height for accessory structures
|
20 feet
|
20 feet
|
20 feet
|
20 feet
| |
|
Lot coverage (square feet)
|
4,000 plus 3.5% of excess over 0.5 acres
|
5,540 plus 3.5% of excess over 1.5 acres
|
7,840 plus 3.5% of excess over 3 acres
|
10,890 plus 3.0% of excess over 5 acres
| |
[11]
Editor's Note: This ordinance also stated its purpose as follows: The Sourland Mountain District Ordinance increased the minimum lot size from five acres to 15 acres in this zoning district in 2003. However, many lots in the SM District, with existing residences, currently have areas less than 15 acres. It is the intent of this ordinance to provide adjusted bulk requirements for these smaller residential lots, with existing residences, because the bulk requirements for a fifteen-acre lot are excessive. Thus, a chart with reduced setbacks, according to a sliding scale of lot sizes, up to fifteen-acre lots is being adopted. This revision affects only lots with existing residences, or those under-sized lots which have been granted a variance to construct a dwelling. There is no intention to grandfather all lots of any size in the SM District; only those lots meeting the requirements specified in § 92-89J and K. The Residential District, located on the western side of Route 202, currently has a 10% maximum lot coverage. Given the small size of these clustered lots, this percentage allows for substantially less square footage of coverage than the standards in other residential areas of the Township. There is no intention to alter setbacks lines; only the lot coverage requirements are being increased.
L.
Swimming pool filling requirements. In order to protect
limited groundwater supply and individual wells, all swimming pools
shall be filled with water imported by truck from a source outside
the Sourland Mountain region. Proof of compliance shall be demonstrated
by a dated bill of sale or receipt from the supplier, before the certificate
of occupancy or certificate of approval is issued.
[Added 7-15-2004 by Ord. No. 04-15]
[1]
Editor's Note: Former § 92-90, Stony
Brook District, added 8-20-1992 by Ord. No. 92-09, as amended, was
repealed 12-11-2003 by Ord. No. 03-20.
[Amended 8-14-1997 by Ord. No. 97-18; 9-11-1997 by Ord. No. 97-20; 9-11-1997 by Ord. No. 97-23; 3-11-1999 by Ord. No. 99-03; 3-25-1999 by Ord. No. 99-06; 9-13-2001 by Ord. No. 01-19]
A.
Purposes. The purposes of the Amwell Valley Agricultural District are:
(1)
To encourage land use patterns and development practices
which enhance Township, county and state efforts to retain farmland
and protect and preserve agricultural activity within the Township.
(2)
To protect and promote the continuation of farming
in East Amwell Township where farming is a valuable component of the
local economy.
(3)
To protect prime soils (SCS Classes I and II) and
soils of state-wide importance (SCS Class III) for their long-term
value as an essential natural resource in any agricultural or horticultural
pursuit.
(4)
To permit limited nonfarm related residential development
in a location and manner that will be consistent with the continuation
of farming.
(5)
To support the preservation of existing farm operations
and limit conflicts between agricultural and nonagricultural uses
by encouraging the separation of residential development from active
farms.
[Amended 9-9-1999 by Ord. No. 99-20]
(6)
To impose lot suitability requirements upon residential lots in order to accommodate individual well and septic disposal systems, which are required in the Amwell Valley Agricultural District.
(7)
To implement the goals of the Amended Master Plan for the Amwell Valley Agricultural District by protecting agricultural lands and promoting agriculture as a valuable component of the local economy.
(8)
To
provide an affordable housing overlay option at fixed densities that
will satisfy the Township's affordable housing obligation while also
providing a diverse housing stock and investment in Ringoes Village.
Inclusionary zoning overlays are provided on Block 11, Lots 4 and
37.02 (Ringoes Affordable Housing Inclusionary Overlay Zone) and Block
16.01, Lots 26 and 27 (Larison's Corner Affordable Housing Inclusionary
Overlay Zone) and will be subject to the densities and affordable
housing set-asides prescribed below.
[Added 10-11-2018 by Ord. No. 18-20; amended 10-10-2019 by Ord. No.
19-20]
B.
Permitted principal uses shall be as follows:
(1)
Detached, single-family dwelling.
(2)
Agricultural uses and farms.
(3)
Public parks.
[Amended 9-11-1999 by Ord. No. 99-20]
(8)
Wireless telecommunications antennas on existing structures,
subject to minor site plan approval.
[Added 9-11-1999 by Ord. No. 99-20; amended 12-30-2002 by Ord. No. 02-22]
(10)
Affordable housing development through inclusionary residential development on Block 11, Lots 4 and 37.02 (Ringoes Affordable Housing Inclusionary Overlay Zone) and Block 16.01, Lots 26 and 27 (Larison's Corner Affordable Housing Inclusionary Overlay Zone) in the form of townhouses, duplexes or multi-family housing, such as garden apartments, in accordance with the density and set-aside standards identified at § 92-91H(4) and 92-91H(5).
[Added 10-11-2018 by Ord. No. 18-20; amended 10-10-2019 by Ord. No.
19-20]
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading.
(2)
Farm stand.
(3)
Windmills and similar devices that convert renewable
wind energy into usable energy sources.
[Amended 2-10-2011 by Ord. No. 11-02]
(4)
All farm and agricultural uses.
[Amended 9-11-1999 by Ord. No. 99-20]
(5)
Home occupations, provided that all comply with the
definition of a "home occupation."
(6)
Private recreational uses such as swimming pools and
tennis courts, provided that they are used only for the residence
and are an ancillary use to the principal use.
(7)
Wireless telecommunications antennas on existing structures,
subject to minor site plan approval.
[Added 9-11-1999 by Ord. No. 99-20; amended 12-30-2002 by Ord. No. 02-22]
(8)
Microbreweries.
[Added 9-11-1999 by Ord. No. 99-20]
(9)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No.
11-07]
D.
Conditional uses shall be as follow:
(1)
Conversion of a single-family home or outbuilding,
such as a barn, carriage house or similar structure, any of which
shall have been in existence prior to June 21, 1963, to a secondary
or tertiary dwelling unit; provided, however, that the following conditions
are satisfied:
(a)
There is adequate water supply as approved by
the Board of Health.
(b)
The septic disposal system has been approved
by the Board of Health.
(c)
The minimum lot size shall be 10 acres for a
lot containing a primary and a secondary dwelling unit and 20 acres
for a lot containing up to three dwelling units.
(d)
The size of the additional dwelling unit shall
not exceed 800 square feet of living area.
(e)
Any secondary or tertiary dwelling unit shall
contain not more than two bedrooms.
(2)
Public utilities necessary for service, convenience
or welfare of the public, provided that application is made by the
public utility to the Planning Board of East Amwell Township for a
determination that the service, convenience or welfare of the public
is involved.
(3)
School for instruction as accredited by the New Jersey
Department of Education, firehouses, houses of worship and municipal
functions.
[Amended 3-13-2003 by Ord. No. 03-02]
(4)
Veterinary hospitals.
(5)
Housing facilities for farm workers employed on the
farm where such housing facilities are located, provided that:
(a)
Minimum size of the farm shall be 20 acres.
(b)
Such housing facilities shall only be occupied
during the period of time when workers are engaged in agricultural
activities.
(c)
Such facilities shall comply with all existing
statutes, law, rules and regulations of the Federal Government and
State of New Jersey concerning migrant housing.
(d)
Such facilities shall comply with all applicable
rules and regulations governing provision of water supply and sanitary
waste disposal facilities.
(e)
Such housing shall be set back at least 200
feet from any public street and at least 150 feet from any property
line.
(f)
Such facilities shall be removed or converted
to other permitted accessory or conditional uses upon the cessation
of any farm operation.
(g)
Such housing for farm workers shall not be permitted
on a farm parcel which also has a secondary or secondary and tertiary
dwelling.
(6)
Wireless telecommunications antennas on existing structures, subject to minor site plan approval, and provided that the application complies with § 92-80 herein, and provided that the following further conditions are met:
[Added 9-11-1999 by Ord. No. 99-20; amended 12-30-2002 by Ord. No. 02-22]
(a)
An applicant to construct a wireless telecommunications
tower shall present documentary evidence regarding the need for cellular
antennas within the Township of East Amwell. This information shall
identify the cellular network layout and coverage areas to demonstrate
the need for such equipment within the Township.
(b)
An applicant proposing to erect a new wireless
telecommunications tower shall provide documentary evidence that a
legitimate attempt has been made to locate the antennas on existing
building or structures. Such evidence shall include a radio frequency
engineering analysis of the potential suitability of existing buildings
or structures in the search area for such antennas. Efforts to secure
such locations shall be documented through correspondence between
the wireless telecommunications provider and the property owner of
the existing buildings or structures. The Township reserves the right
to engage a professional radio frequency engineer to review such documentation.
(c)
Applicants proposing to construct new wireless
telecommunications towers shall document the locations of all existing
telecommunications towers in East Amwell Township and surrounding
areas with coverage in the Township and shall provide competent testimony
by a radio frequency engineer regarding the suitability of potential
locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to collocate
its equipment on such tower, the applicant shall provide written evidence
of correspondence with the owner of such tower verifying that suitable
space is not available on the existing tower(s).
(d)
When an applicant to construct a wireless telecommunications
tower demonstrates to the satisfaction of the reviewing agency that
suitable locations on existing buildings or structures either do not
exist or are not available, the applicant may erect a new telecommunications
tower according to the following requirements:
(e)
No wireless telecommunications towers shall
be erected within 1,000 feet of any of the following:
(f)
Wireless telecommunications towers shall not
be erected within 2,500 feet of any historic district or any historic
site listed or designated as eligible for listing on the National
and/or State Register of Historic Places.
(7)
Major solar or photovoltaic energy facilities or structures in accordance with § 92-100.
[Added 2-10-2011 by Ord. No. 11-02]
(8)
Golf
course, subject to the following conditions:
[Added 6-13-2019 by Ord. No. 19-08; amended 11-12-2020 by Ord. No.
20-18]
(a)
The tract on which the golf course is to be constructed shall comprise
at least 300 gross acres for 18 holes.
(b)
The length of the golf course shall be not less than 7,000 yards.
(c)
No portion of any golf tee, fairway or green shall be located closer
than 150 feet to any tract boundary or public road right-of-way, except
that cart paths may be located no closer than 100 feet to such boundaries
or roads.
(d)
There shall be a direct driveway access to the golf course, over
the tract, from a state or county road.
(e)
Gasoline-powered golf carts shall be prohibited on any golf course.
(f)
In no event shall there be more than 250 people on the property at
any one time; if additional persons will be present, permission from
the Township Committee shall be required.
F.
Area, yard and bulk regulations.[3]
[3]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the Amwell Valley Agricultural District is included as an attachment to this chapter.
G.
Buffers. Any residential lot created by a subdivision, pursuant to § 92-91I(2) of this chapter, shall have a buffer located on the residential lot line adjacent to lands that are deed-restricted for agricultural purposes. Such buffer area shall be restricted as follows: There shall be a board or split-rail fence installed and maintained by the lot owner just inside the residential lot line, and no new tree shall be planted within 25 feet of such lot line.
H.
Land development options.
(1)
Conventional zoning. Zoning permitted as a matter of right in the Amwell Valley Agricultural District. Requirements shall be as follows:
(2)
Permitted zoning options. The following additional zoning options are permitted in Amwell Valley Agricultural District and are encouraged to be utilized in lieu of conventional zoning:
(a)
Lot-size averaging option. This option or zoning
alternative is provided to promote larger parcels for agricultural
uses and to encourage and promote flexibility, economy and environmental
soundness in subdivision layout and design. Requirements shall be
as follows:
[1]
Minimum residential lot area shall be 1 1/2
acres.
[2]
Maximum dwelling unit density shall be 0.1 unit/acre.
[3]
Each lot created by the subdivision shall satisfy
lot suitability requirements.
[4]
All lots created under this subdivision option
shall be deed-restricted against further subdivision.
[5]
The applicant is strongly encouraged to submit a concept plan of the lot-size averaging plan to the Planning Board for review and comment in accordance with § 92-91H(3) of this chapter.
[6]
The design of the development utilizing this
option shall foster the following objectives: retention of large contiguous
farmland areas; stream corridor and wetlands preservation; steep slope
protection; overall site design; reduction of impervious coverage;
reduction of the amount of nonpoint source pollution entering the
surface and ground waters; traffic circulation; and the site's natural
features, topography and relationship to open lands on neighboring
parcels.
[Amended 11-8-2007 by Ord. No. 07-16[4]]
[4]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
(b)
Open lands ratio zoning. This option or zoning
alternative is intended to promote retention of large farm tracts
and the aggregation of smaller farm parcels through the granting of
density incentives to those who qualify and submit to requirements
set forth below. It is also intended to encourage and promote flexibility,
economy and environmental soundness in subdivision layout and design.
Requirements shall be as follows:
[Amended 12-9-1999 by Ord. No. 99-25]
[1]
At least 75% of tract shall be designated as "open lands" and shall, as a condition of approval of the development, be deed restricted for agricultural use in accordance with the requirements of § 92-91J of this chapter. Lots qualifying as open lands shall be permitted a primary residence and other accessory buildings and conditional uses as provided in this chapter.
[2]
At least 65% of designated open lands shall
be unconstrained land area and prime soils (SCS Classes I and II)
or soils of statement importance (SCS Class III); provided that no
portion of any stormwater management system, as defined by N.J.A.C.
7:8, or easement encompassing a stormwater management system, or any
portion of any septic or other wastewater disposal areas, none of
which are appropriate for agricultural activities, shall be included
as unconstrained land area.
[Amended 2-26-2009 by Ord. No. 09-01]
[3]
Minimum residential lot area shall be 1 1/2
acres for the non-open lands residential lots created by the subdivision.
[4]
Minimum open lands lot area shall be 10 acres.
[5]
Maximum residential dwelling unit density shall
be 0.15 unit per acre for the entire tract.
[6]
Residential lots created under the open lands
option shall satisfy lot suitability requirements.
[7]
For tracts of 100 acres or less, the open lands
shall be contained in one deed-restricted contiguous parcel; for tracts
of larger than 100 acres, the open lands may be composed of noncontiguous
parcels, provided that each open lands area shall contain at least
50 contiguous acres.
[8]
All lots created under this subdivision option
shall be deed restricted against further subdivision.
[9]
The applicant is strongly encouraged to submit a concept plan of the open lands subdivision plan to the Planning Board for review and comment in accordance with § 92-91H(3) of this chapter;
[10]
The design of the development utilizing this
option shall foster the following objectives: retention of large contiguous
farmland areas; stream corridor and wetlands preservation; steep slope
protection; overall site design; reduction of impervious coverage;
reduction of the amount of nonpoint source pollution entering the
surface and ground waters; traffic circulation; and the site's natural
features, topography and relationship to open lands on neighboring
parcels.
[Amended 11-8-2007 by Ord. No. 07-16[5]]
[5]
Editor's Note: See the editor's note following
the definition of "BMP Manual" for the purpose of this ordinance.
[11]
An exception area not to exceed two acres shall be identified on
the open lands lot, upon which shall be located any dwelling unit(s),
the primary and reserve septic disposal fields, and any other buildings
or structures not used for agricultural purposes. The exception area
and access driveway, which shall be located in a manner consistent
with best agricultural practices and reflecting on-site environmental
and topographic conditions, shall be included as "open lands" in calculating
the portion of the tract required as open lands pursuant to § 92-92H(2)(b)[1]
above.
[Amended 2-26-2009 by Ord. No. 09-01]
(3)
Concept plan review. At the request of a developer,
the approving authority shall grant a concept review of a plan for
which the developer intends to submit a formal application for development.
(a)
Procedure.
[1]
The developer shall not be required to submit
any application fees for such concept review; however, no professional
review(s) shall be undertaken unless the developer agrees to pay for
said review(s) and files the escrow fees specified for concept plan
review in this chapter.
[2]
The developer shall not be bound by any plan
for which concept review is requested, and the approving authority
shall not be bound by any such review. However, concept plan review
is strongly encouraged for all subdivisions to minimize unnecessary
engineering expenses.
[3]
A developer desiring to have a concept plan
reviewed by the approving authority shall so notify the administrative
officer at least three weeks prior to a regularly scheduled meeting
of the approving authority at which the concept review is requested.
The administrative officer shall thereafter notify the developer of
the time and place which has been scheduled by the approving authority
for concept review.
(b)
Concept plan required details. The following
information shall be provided for concept plan review:
[1]
A plan at a scale of not less than one inch
equals 100 feet clearly and legibly drawn.
[2]
A key map at a scale of not less than one inch
equals 800 feet showing the entire development and its relation to
surrounding areas.
[3]
Existing structures and uses.
[4]
Existing and proposed street and lot layout
in conformance with ordinance bulk standards, showing that portion
proposed for development in relation to the entire tract.
[5]
Area of original tract.
[6]
Zoning district and North arrow.
[7]
Block and lot number for the tract.
[8]
Basic intent for water and sewage treatment.
[9]
Proposed access points and parking areas.
[10]
Existing topography and contours based on United
States Geological Survey data unless a local survey is available in
which case contours should be shown with a maximum contour interval
of two feet where slopes are not greater than 10% and a maximum contour
interval of five feet where slopes are greater than 10%.
[11]
Natural resources and features, such as forested
areas, wetlands, major rock outcropping, lakes, ponds, streams, drainage
ditches, impoundments and watercourses, shall be shown.
[12]
Soil mapping and interpretations based on the
USDA Soil Survey for Hunterdon County.
[13]
Location of flood hazard areas and floodways.
[14]
Existing easements, deed restrictions and covenants.
[15]
A written summary of how the concept plan meets
the goals and objectives of the East Amwell Township Master Plan.
[16]
Certification that the applicant is the owner
of the land or the owner's duly authorized agent, or that the owner
has given his consent under an option agreement or a contract to purchase.
(4)
Ringoes Affordable Housing Inclusionary
Overlay Zone development standards for Block 11, Lots 4 and 37.02.
[Added 10-11-2018 by Ord. No. 18-20; amended 10-10-2019 by Ord. No.
19-20]
(a)
The required minimum residential
densities and affordable housing set asides shall be as follows:
[1]
Townhouse or for-sale development:
six dwelling units per acre with a 20% affordable housing set-aside;
and/or
[2]
Multifamily rental housing, such
as garden apartments: six dwelling units per acre with a 16% affordable
housing set-aside.
[3]
Townhouse and multifamily at the
prescribed densities and set-asides identified above may be mixed
on single parcel of land.
(b)
The following tract requirements
shall apply:
[1]
Minimum lot area (tract): 10 acres.
[2]
Minimum lot width (tract): 100 feet.
[3]
Minimum lot depth (tract): 125 feet.
[4]
Minimum front yard setback (tract)i: 150 feet.
[5]
Minimum side yard setback (tract)i: 100 feet.
[6]
Minimum rear yard setback (tract)i: 100 feet.
[7]
Maximum lot coverage: 40%.
[8]
Maximum building height: 35 feet/2
1/2 stories.
[9]
Building to building: 15 feet.ii
[10]
Minimum open space areaiii: 15% of tract area.
Footnotes:
i. Patios, decks, and fences may be located within required
building setbacks.
ii. Covered porches or decks shall be permitted within 10 feet
of a building.
iii. Open space shall be arranged as common area situated between
and among buildings from a central location within the development.
(e)
Water and wastewater service: The
developer shall provide water and sewer service (or alternative wastewater
treatment facilities).
(f)
Nonresidential development shall
not be permitted.
(g)
Affordable housing development shall comply with the standards and requirements for inclusionary zoning set forth in Chapter 43, Article II, Affordable Housing Regulations and the applicable provisions of N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985.
(h)
The Township shall retain a qualified
administrative agent to be responsible to affirmatively market, administer,
and certify the occupants of each affordable unit, with all administrative
costs to be paid by the developer.
(5)
Larison's
Corner Affordable Housing Inclusionary Overlay Zone development standards
for Block 16.01, Lots 26 and 27.
[Added 10-10-2019 by Ord. No. 19-20]
(a)
The required minimum residential
densities and affordable housing set asides shall conform to the memorandum
of understanding outlined in the Court-approved settlement agreement
with Fair Share Housing Center dated February 27, 2018, as follows:
[1]
Multifamily rental housing, such
as garden apartments: six dwelling units per acre with a 16% affordable
housing rental unit set-aside; and/or
[2]
Townhouse or for-sale development:
six dwelling units per acre with a 20% affordable housing set-aside.
[3]
The development shall consist of
181 total units with 29 affordable rental units. If the development
yields 181 units or fewer, the affordable housing set-aside shall
be 16% and the affordable units shall all be family rental units.
If the development yields more than 181 units, 16% of the first 181
units shall be set aside as affordable family rental units. For all
units in excess of 181 units, the set-aside may be either 16% of the
affordable units are for rent or 20% if the affordable units are for
sale, or a combination thereof.
[4]
Townhouse and multifamily at the
prescribed densities and set-asides identified above may be mixed
on single parcel of land.
(b)
The following tract requirements
shall apply:
[1]
Minimum lot area (tract): 10 acres.
[2]
Minimum lot width (tract): 100 feet.
[3]
Minimum lot depth (tract): 125 feet.
[4]
Minimum front yard setback (tract)i: 150 feet.
[5]
Minimum side yard setback (tract)i: 100 feet.
[6]
Minimum rear yard setback (tract)i: 100 feet.
[7]
Maximum lot coverage: 40%.
[8]
Maximum building height: 35 feet/2
1/2 stories.
[9]
Building to building: 15 feetii.
[10]
Minimum open space areaiii: 15% of tract area.
Footnotes:
i. Patios, decks, and fences may be located within required
building setbacks.
ii. Covered porches or decks shall be permitted within 10 feet
of a building
iii. Open space shall be arranged as common area situated between
and among buildings from a central location within the development.
(e)
Water and wastewater service: The
developer shall provide water and sewer service (or alternative wastewater
treatment facilities).
(f)
Nonresidential development shall
not be permitted.
(g)
Affordable housing development shall comply with the standards and requirements for inclusionary zoning set forth in Chapter 43, Article II, Affordable Housing Regulations and the applicable provisions of N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985.
(h)
The Township shall retain a qualified
administrative agent to be responsible to affirmatively market, administer,
and certify the occupants of each affordable unit, with all administrative
costs to be paid by the developer.
(i)
The property may be developed without
an affordable housing set aside requirement pursuant to the prior
settlement agreement reached between the Township and Thompson Properties
which provided for:
[1]
Six residential building lots on
Lot 27 accessed from Dutch Lane.
[2]
Four residential building lot on
Lot 26 accessed from Dutch Lane.
[3]
Four separate office buildings on
Lot 26 accessed from Route 202/31 with each building not to be larger
than 16,000 square feet for a total of 64,000 square feet.
I.
Grandfathered undersized lots. (Also refer to § 92-58G and I.)
[Amended 12-30-2002 by Ord. No. 02-22]
(1)
Any lot located in the Amwell Valley Agricultural
Zoning District which was lawfully created before the effective date
of this chapter creating the Amwell Valley Agricultural Zoning District
and which has a lot area of at least five acres, used as a farm, may
contain a farm building, located on such lot in accordance with requirements
for the zoning district in which it is located; any farm building
on such lot may be enlarged, and any farm building thereon which shall
accidentally be destroyed may be replaced in the same location as
it occupied on the lot immediately prior to said accidental destruction,
and shall not constitute a nonconforming structure.
(2)
Any lot located in the Amwell Valley Agricultural
Zoning District which was lawfully created before the effective date
of this chapter creating the Amwell Valley Agricultural Zoning District
and which has a lot area of less than 10 acres but of at least 1 1/2
acres may be used for one single-family dwelling as a principal use
(without such lot being deemed to have merged with any adjoining land
in the same ownership). Any single-family dwelling or accessory structure
on such lot may be enlarged, and any single-family dwelling or accessory
structure thereon which shall accidentally be destroyed may be replaced
in the same location as it occupied on the lot immediately prior to
said accidental destruction, and shall not constitute a nonconforming
use or structure, provided that the following shall apply:
(a)
The lot width has been duly approved by formal
action of an approving authority.
(b)
Minimum front yard setback shall be 75 feet.
(c)
Minimum rear yard setback shall be 50 feet.
(d)
Maximum building height shall be 35 feet.
(e)
Minimum side yard setback shall be 50 feet for
lots at least 3 acres and up to 10 acres in area and shall be 30 feet
for lots at least 1 1/2 and up to three acres.
(3)
Any lot in the Amwell Valley Agricultural
Zoning District, which is less than 1 1/2 acres
in size, upon which a single-family detached dwelling has been constructed,
or which is vacant and otherwise grandfathered under this chapter,
or for which a variance has been approved for construction of a single-family
dwelling, may have a construction permit issued for a new dwelling
and/or additions to the principal building, or for a permitted accessory
structure without an appeal to the Planning Board, provided that the
following requirements are met:
|
Up to 1/2 acre
|
More than or equal to 1/2 acre to less
than 1 acre
|
More than or equal to 1 acre to less than
1.5 acres
| |||
|---|---|---|---|---|---|
|
Principal building minimum
| |||||
|
Lot frontage
|
50 feet
|
50 feet
|
50 feet
| ||
|
Side yard
|
15 feet
|
20 feet
|
30 feet
| ||
|
Front yard
|
25 feet
|
50 feet
|
75 feet
| ||
|
Rear yard
|
30 feet
|
40 feet
|
50 feet
| ||
|
Accessory building, minimum distance to
| |||||
|
Side line
|
10 feet
|
15 feet
|
20 feet
| ||
|
Rear line
|
10 feet
|
15 feet
|
20 feet
| ||
|
Other building
|
10 feet
|
15 feet
|
20 feet
| ||
|
Maximum
| |||||
|
Building height
|
35 feet
|
35 feet
|
35 feet
| ||
|
Building coverage of principal building
|
20%
|
15%
|
10%
| ||
|
Lot coverage
|
40%
|
30%
|
20%
| ||
[6]
Editor's Note: This ordinance also stated as follows: "Lot owners in the Amwell Valley Agricultural District who own less than 1 1/2 acres of property are restricted in the residential uses they can enjoy on their lots because there is no provision for alternative bulk requirements; all AVAD lots must conform to the bulk requirements for ten-acre lot size. These property owners should have bulk requirements appropriate for the smaller lot size, so they do not need to pursue a variance application for every alteration, addition or construction on their lots. This ordinance is not intended to change the existing grandfathering provisions; however, it does cover bulk requirements for all lots which are under 1.5 acres in area with current residences, those which are now grandfathered, or those which may be approved for construction in the future."
J.
Agricultural deed restriction. For purposes of complying
with the requirements of this chapter, any requirement imposing an
agricultural deed restriction or a deed restriction for agricultural
purposes or uses means that the landowner shall deed restrict his/her
land in accordance with the following requirements:
(1)
The deed restriction is in perpetuity and binds the
landowner, and his/her heirs, personal representatives, successors,
and assigns.
(2)
Only agricultural use and production is permitted
on the deed-restricted lands. Agricultural use shall mean the use
of deed-restricted lands for common farmsite activities, including
but not limited to production, harvesting, storage, grading, packaging,
processing and the wholesale and retail marketing of crops, plants,
animals and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease and pest control, disposal of farm waste, irrigation,
drainage and water management and grazing.
(3)
All nonagricultural uses, if any, existing on this
deed-restricted land may be continued and any structure may be restored
or repaired in the event of partial destruction thereof, subject to
the following:
(a)
No new structures or the expansion of preexisting
structures for nonagricultural use are permitted;
(b)
No change of the preexisting nonagricultural
use is permitted;
(c)
No expansion of the preexisting nonagricultural
use is permitted; and
(d)
In the event that the preexisting nonagricultural
use is abandoned, its use is extinguished.
(4)
No sand, gravel, loam, rock other minerals shall be
deposited on or removed from the deed-restricted lands, except only
those materials required for the agricultural purposes for which it
is used.
(5)
No dumping or placing of trash or waste materials
shall be permitted on the deed-restricted lands.
(6)
No activity shall be permitted on the deed-restricted
lands which would be detrimental to drainage, flood control, water
conservation, erosion control, or soil conservation, nor shall any
other activity be permitted which would be detrimental to the continued
agricultural use of the deed-restricted lands.
(7)
A landowner may use the deed-restricted lands to derive
income from certain recreational activities, such as hunting, fishing,
cross-country skiing and ecological tours, only if such activities
do not interfere with the actual use of the deed-restricted lands
for agricultural production and that the activities only utilize the
deed-restricted lands in its existing condition.
(8)
A landowner may use, maintain and improve existing
buildings on the deed-restricted lands for agricultural, residential
and recreational uses subject to the following conditions:
(a)
Improvements to agricultural buildings shall
be consistent with agricultural uses;
(b)
Improvements to residential buildings shall
be consistent with agricultural or single-family and extended-family
residential uses. Improvements to residential buildings for the purpose
of housing agricultural labor are permitted only if the housed agricultural
labor is employed on the deed-restricted lands; and
(c)
Improvements to recreational buildings shall
be consistent with agricultural or recreational uses.
(9)
A landowner may construct any new buildings for agricultural
purposes. The construction of any new buildings for residential use,
regardless of its purpose, shall be prohibited, except as follows:
(a)
To provide structures for housing of agricultural
labor employed on the property, but only with the approval of the
entity holding the deed restriction.
(b)
To construct a single-family residential building
anywhere on the property in order to replace any single-family residential
building in existence at the time of the deed restriction, but only
with the approval of the entity holding the deed restriction.
(10)
The deed restriction shall be enforceable by
the Township of East Amwell through its duly appointed zoning and
planning enforcement official.
(11)
It is the intention of this chapter that the
agricultural deed restriction be substantially in the form utilized
in the New Jersey Agricultural Retention and Development Program.
Consequently, the agricultural deed restriction shall be modified
and augmented as required to follow the form utilized by such program.
In any event, the deed restriction shall be in recordable form and
shall be submitted to and approved by the Township Attorney as a condition
of the involved development approval.
K.
Right to farm.[7] Some lands within the Amwell Valley Agricultural District are used for commercial agricultural production. Owners, residents, adjoining landowners, and other users of property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, herbicides, and pesticides. Owners, residents and users of property should be prepared to accept these conditions and are hereby put on official notice that the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may bar them from obtaining a legal judgment against such normal agricultural operations.
[Added 2-25-1999 by Ord. No. 99-02]
A.
To further encourage farmland preservation in the Amwell Valley Agricultural District, the following zoning option, in addition to those described in § 92-91H, is permitted in the Amwell Valley Agricultural District: at least fifty-acre deed restriction option, the requirements for which shall be as follows:
(1)
Subdivision approval shall be conditioned upon all of an existing tract, aside from the portion thereof which is simultaneously subdivided under § 92-92A(2), being subdivided into a separate lot which is at least 50 acres in area and which, as a condition of such subdivision, is deed-restricted for agricultural purposes or uses in accordance with the requirements of § 92-92B.
(2)
The landowner is also permitted to subdivide from
the same tract no more than two lots, each having a minimum lot area
of 1 1/2 to three acres and having a single-family dwelling as
a principal use. Such lots of 1 1/2 to three acres shall be
governed by the following provisions:
(a)
Minimum lot area: 1 1/2 acres.
(b)
Maximum lot area: 3 acres.
(c)
Minimum lot width: 125 feet.
(d)
Minimum lot depth: 200 feet.
(e)
Minimum front yard: 50 feet.
(f)
Minimum side yard: 30 feet.
(g)
Minimum rear yard: 50 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum total impervious surface: 10,000 square
feet.
(3)
Lots created under this subsection shall satisfy lot suitability requirements and shall also comply with all other applicable requirements of § 92-91.
(4)
Lots created under this subsection shall have a buffer
located on the residential lot along any lot line which is adjacent
to the deed-restricted lands. Such buffer area shall be restricted
as follows: There shall be a board or split-rail fence installed and
maintained by the lot owner just inside the residential lot line,
and no new trees shall be planted within 25 feet of such lot line.
B.
For purposes of complying with the requirements of
this chapter, any requirement imposing an agricultural deed restriction
or a deed restriction for agricultural purposes or uses means that
the landowner shall deed restrict his/her land in accordance with
the following requirements:
(1)
The deed restriction is in perpetuity and binds the
landowner, and his/her heirs, personal representatives, successors,
and assigns.
(2)
Only agricultural use and production is permitted
on the deed-restricted lands. Agricultural use shall mean the use
of deed-restricted lands for common farmsite activities, including
but not limited to production, harvesting, storage, grading, packaging,
processing and the wholesale and retail marketing of crops, plants,
animals and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease and pest control, disposal of farm waste, irrigation,
drainage and water management and grazing.
(3)
All nonagricultural uses, if any, existing on this
deed-restricted land may be continued and any structure may be restored
or repaired in the event of partial destruction thereof, subject to
the following:
(a)
No new structures or the expansion of preexisting
structures for nonagricultural use are permitted.
(b)
No change of the preexisting nonagricultural
use is permitted.
(c)
No expansion of the preexisting nonagricultural
use is permitted.
(d)
In the event that the preexisting nonagricultural
use is abandoned, its use is extinguished.
(4)
No sand, gravel, loam, rock or other minerals shall
be deposited on or removed from the deed-restricted lands, except
only those materials required for the agricultural purposes for which
it is used.
(5)
No dumping or placing of trash or waste materials
shall be permitted on the deed-restricted lands.
(6)
No activity shall be permitted on the deed-restricted
lands which would be detrimental to drainage, flood control, water
conservation, erosion control, or soil conservation, nor shall any
other activity be permitted which would be detrimental to the continued
agricultural use of the deed-restricted lands.
(7)
A landowner may use the deed-restricted lands to derive
income from certain recreational activities, such as hunting, fishing,
cross country skiing and ecological tours, only if such activities
do not interfere with the actual use of the deed-restricted lands
for agricultural production and that the activities only utilize the
deed-restricted lands in its existing condition.
(8)
A landowner may use, maintain and improve existing
buildings on the deed-restricted lands for agricultural, residential
and recreational uses subject to the following conditions:
(a)
Improvements to agricultural buildings shall
be consistent with agricultural uses;
(b)
Improvements to residential buildings shall
be consistent with agricultural or single-family and extended-family
residential uses. Improvements to residential buildings for the purpose
of housing agricultural labor are permitted only if the housed agricultural
labor is employed on the deed-restricted lands; and
(c)
Improvements to recreational buildings shall
be consistent with agricultural or recreational uses.
(9)
A landowner may construct any new buildings for agricultural
purposes. The construction of any new buildings for residential use,
regardless of its purpose, shall be prohibited.
(10)
The deed restriction shall be enforceable by
the Township of East Amwell through its duly appointed zoning and
planning enforcement official.
C.
It is the intention of this chapter that the agricultural
deed restriction be substantially in the form utilized in the New
Jersey Agricultural Retention and Development Program. Consequently,
the agricultural deed restriction shall be modified and augmented
as required to follow the form utilized by such program. In any event,
the deed restriction shall be in recordable form and shall be submitted
to and approved by the Township Attorney as a condition of the involved
development approval.
[Added 9-10-2009 by Ord. No. 09-10]
The resource conservation calculations that follow are to be
used to compute the total area of a tract that is suitable for development
after subtracting identified resource conservation areas, and to determine
the maximum permitted lot yield of residential development or intensity
of nonresidential development. These calculations and their mapped
locations of resource features will assist in guiding, to the greatest
extent practicable, all development activities to suitable area(s)
of the tract.
A.
Applicability. The calculations required in Subsection B below shall be submitted as part of any conceptual plan for informal review, or any minor or major subdivision or site plan application. These requirements shall not apply to requests for construction permits for permitted uses and structures on existing lots-of-record, if no subdivision or site plan approval is required.
B.
Resource conservation factors - maximum tract yield. A maximum tract
yield calculation form prepared by the applicant shall be submitted
to the Board, along with a map of the entire tract illustrating natural
resource features, including floodplains, wetlands, NJDEP-required
wetlands transition areas, stream channels, stream corridors, areas
of slopes greater than 12% but less than 25% and areas of slopes 25%
and greater.
|
Resource Conservation Area Maximum Tract Yield Calculation
Form
| |||||
|---|---|---|---|---|---|
|
Column A
|
Column B
|
Column C
| |||
|
Acres
|
Resource Conservation Ratio
|
Acres
| |||
|
1.
|
Gross tract area
| ||||
|
2.
|
Area of existing conservation easements or deed restrictions,
where such easements and/or restrictions were imposed as a condition
of subdivision or site plan approval
| ||||
|
3.
|
Adjusted gross tract area (Line 1 less Line 2)
| ||||
|
Resource conservation areas:
[see Notes (a) and (b)]
| |||||
|
4.
|
Bodies of water, area of floodplains, wetlands, stream corridors
|
1
| |||
|
5
|
Area of slopes 25% and greater based on 10-foot contour intervals
|
1
| |||
|
6
|
Area of slopes greater than 12% but less than 25% based on 10-foot
contour intervals
|
0.75
| |||
|
7
|
NJDEP-required wetlands transition areas
|
0.75
| |||
|
8
|
Area of 300-foot buffer to Category 1 waters
|
0.50
| |||
|
9.
|
Total deductible resource conservation area (sum of Column C,
Lines 4 through 8)
| ||||
|
10.
|
Net site area adjusted for resource conservation areas (Line
3 less Line 9)
| ||||
|
11. a.
|
Residential - maximum permitted lot yield
| ||||
|
11. b.
|
Nonresidential - maximum impervious ratio
| ||||
|
12. a.
|
Maximum permitted number of principal dwelling units (Line 10
multiplied by Line 11.a.)
| ||||
|
12. b.
|
Maximum square feet of impervious coverage (Line 10 multiplied
by Line 11.b.)
| ||||
|
Notes:
| ||
|
1)
|
Enter appropriate acreage in Column A, multiply Column A by
factor in Column B and place result in Column C.
| |
|
2)
|
When resource conservation areas overlap, enter the affected
acreage on the line with the higher resource conservation factor and
do not include it in the calculation of the resource conservation
area having the lower factor. Do not double-count resource conservation
acreage.
| |
|
3)
|
If utilizing the open lands ratio zoning in accordance with § 92-91H(2)(b), deduct the remaining 0.25 ratio for steep slopes greater than 12% when calculating the open lands ratio in order to avoid double counting.
| |
|
4)
|
Round down to the nearest dwelling unit or square foot.
| |
A.
Purpose. This zone is established around the Village
of Ringoes in which cluster design options and mixed housing types
are permitted. It is intended that open space designs be an integral
part of new development in this district in order to separate the
historic village from the emerging suburban development by establishing
a green belt design as proposed in the Master Plan.
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading.
(2)
Farm stand.
(3)
Windmills and similar devices that convert renewable
wind energy into usable energy sources.
[Amended 2-10-2011 by Ord. No. 11-02]
(4)
All farm and agricultural activities, including nurseries,
small animal and livestock raising.
(5)
Home occupations, provided that all comply with the
definition of a "home occupation."
(6)
Private recreational uses such as swimming pools and
tennis courts, provided that they are used only for the residence
and are an ancillary use to the principal use.
(7)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No.
11-07]
D.
Conditional uses shall be as follows:
(1)
Public utilities necessary for the service convenience
or welfare of the public, provided that the application is made by
the public utility to the Planning Board of East Amwell Township for
a determination that the service, convenience or welfare of the public
is involved.
(2)
Home occupations beyond the definition and/or proposing
the involvement of one or more employees.
(3)
Conversion of a single-family home existing as of
June 21, 1963, to a two- or three-family home, provided that adequate
water supply and sewage disposal as determined by current Board of
Health standards are available.
(4)
Housing facilities for farm workers.
E.
[1]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the Residential District is included at the end of this chapter.
[2]
Editor's Note: Former Subsection F, regarding
area, yard and bulk regulations for single-family units, which subsection
immediately followed this subsection, was repealed 9-14-2006 by Ord.
No. 06-21. This ordinance also provided for the redesignation of former
Subsection G as Subsection F.
A.
Purpose. This zone is established to set specific
standards to protect the character of the designated areas and the
historic Village of Ringoes. Major changes in land use relationships
are not intended. The areas are basically developed. Major housing
development is intended to take place around the villages, not in
them. As the Township grows in population, the village is intended
to provide local not regional needs and services. Rather, other commercial
services should be provided in order to protect the present balance
of commercial and residential uses having emerged in a rural area.
B.
C.
Accessory uses shall be as follows:
[Amended 3-8-2001 by Ord. No. 01-02]
(1)
Off-street parking and loading.
(2)
Private recreational uses such as swimming pools and
tennis courts, provided that they are used only for the residence
and are an ancillary use to the principal use.
(3)
Home occupations and accessory building shall comply
with the bulk requirements listed in this section and comply with
the definition of a home occupation.
(4)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No.
11-07]
D.
Conditional uses shall be as follows:
[Amended 3-8-2001 by Ord. No. 01-02]
(1)
Public utilities necessary for the service, convenience
or welfare of the public, provided that application is made by the
public utility to the Planning Board of East Amwell Township for a
determination that the service, convenience or welfare of the public
is involved.
E.
Area, yard and bulk regulations.[2]
[Amended 3-8-2001 by Ord. No. 01-02]
[2]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the Village District is included at the end of this chapter.
A.
Purpose. This district is located in the Village of
Ringoes and at the intersection of Linvale Road and Route 31. It is
established to recognize these existing commercial patterns, particularly
those in the context of the historic Village of Ringoes.
[Amended 3-8-2001 by Ord. No. 01-02]
B.
Permitted principal uses.
[Amended 3-8-2001 by Ord. No. 01-02]
(1)
Residences as permitted in and adhering to the requirements of the Village District.
(2)
Retail sale of consumable products, wearing apparel,
pharmaceutical, hardware, appliances, household goods, confections,
stationery, printed material and similar goods in small-scale retail
operations and not large-scale general merchandise department store-
or supermarket-type operations.
(3)
The sale of personal services, such as the repair
of appliances, shoes and jewelry, tailors, music and dancing schools,
photographer studios, but not photo processing.
(4)
Offices and financial institutions.
(5)
Restaurants.
(6)
Libraries.
(7)
Utility facilities needed to directly provide the
service of the utility to the consumer, such as pumping stations and
transformers, but excluding repair garages, open storage and work
areas, and similar industrially oriented aspects of a utility service.
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading.
(2)
Bars as accessory to restaurants.
(3)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No.
11-07]
D.
Conditional uses shall be as follows:
(1)
Automobile service station, provided that the area devoted to building coverage does not exceed 10% of the total lot area and provided that the minimum distance between property lines of service stations shall be 1,500 feet when measured along the same street or 500 feet when measured away from any portion of the property line in any direction, whichever is greater. The minimum lot size shall be one acre, with minimum lot width and depth of 200 feet. Minimum building and pumping island setbacks shall be 65 feet. The conditions in § 92-69 shall be met as if written in this section.
(2)
A single-family dwelling unit located within a permitted
nonresidential use. Residential uses, if situated as an apartment
unit above a store, shop, office or other similar permitted nonresidential
use, provided that adequate water supply and sewage disposal, as determined
by current Board of Health standards are available.
E.
Area, yard and bulk regulations.[1]
[1]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the LB-Local Business District is included at the end of this chapter.
A.
Purpose. This zone is located to offer an opportunity
to develop low-coverage, one-story structures for low intensity nonresidential
uses situated in the vicinity of the Village of Ringoes and along
Route 202. As an alternative, cluster residential development is also
permitted. It is intended that the siting of structures and the design
of open space and yard areas shall advance the goal of establishing
a "green belt" design around the historic Village of Ringoes. Strip
retail and highway commercial uses and uses with extensive lighting
and signing are specifically not intended for this zone. Controlled
access to Route 202 shall be required by such means as common, adjoining
parking lots and/or marginal service road in an effort to conserve
energy through designs that promote the conservation of energy by
trying to reduce energy consumption. It is also intended that these
provisions maximize the utilization of renewable energy resources.
B.
Permitted principal uses shall be as follows:
(1)
Offices, financial institutions.
[Amended 3-8-2001 by Ord. No. 01-02]
(2)
Mortuary.
(3)
Medical and dental offices, medical clinic and veterinary
hospital.
(4)
Indoor swim clubs, indoor tennis courts, bowling alleys,
skating rinks and gymnasia.
(5)
Cluster residential development as permitted in the
Residential District.
(6)
Feed grain, farm machinery and farm supplies and other
businesses that support agriculture.
(7)
Nursery supplies outlets.
(8)
Farms and agriculture uses as regulated in the Amwell Valley Agricultural District.
(9)
Wireless telecommunications antennas on existing structures,
subject to minor site plan approval.
[Added 9-11-1997 by Ord. No. 97-20; amended 12-30-2002 by Ord. No. 02-22]
(10)
Retail farm markets according to the standards in § 92-97H.
[Added 11-12-1998 by Ord. No. 98-25]
(11)
House(s) of worship.
[Added 3-13-2003 by Ord. No. 03-02]
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading.
(2)
Wireless telecommunications antennas on existing structures,
subject to minor site plan approval.
[Added 9-11-1997 by Ord. No. 97-20; amended 12-30-2002 by Ord. No. 02-22]
(3)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No.
11-07]
D.
Conditional uses.
[Added 9-11-1997 by Ord. No. 97-20; amended 12-30-2002 by Ord. No. 02-22]
(1)
Wireless communication towers as principal or accessory uses, subject to minor site plan approval, and provided that the application complies with § 92-80 herein, and provided that the following further conditions are met:
(a)
An applicant to construct a wireless telecommunications
tower shall present documentary evidence regarding the need for cellular
antennas within the Township of East Amwell. This information shall
identify the cellular network layout and coverage areas to demonstrate
the need for such equipment within the Township.
(b)
An applicant proposing to erect a new wireless
telecommunications tower shall provide documentary evidence that a
legitimate attempt has been made to locate the antennas on existing
building or structures. Such evidence shall include a radio frequency
engineering analysis of the potential suitability of existing buildings
or structures in the search area for such antennas. Efforts to secure
such locations shall be documented through correspondence between
the wireless telecommunications provider and the property owner of
the existing buildings or structures. The Township reserves the right
to engage a professional radio frequency engineer to review such documentation.
(c)
Applicants proposing to construct new wireless
telecommunications towers shall document the locations of all existing
telecommunications towers within East Amwell Township and surrounding
areas with coverage in the Township and shall provide competent testimony
by a radio frequency engineer regarding the suitability of potential
locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to collocate
its equipment on such tower, the applicant shall provide written evidence
of correspondence with the owner of such tower verifying that suitable
space is not available on the existing tower(s).
(d)
When an applicant to construct a wireless telecommunications
tower demonstrates to the satisfaction of the reviewing agency that
suitable locations on existing buildings or structures either do not
exist or are not available, the applicant may erect a new telecommunications
tower suitably constructed and finished so as to blend with the rural
environment, according to the following requirements:
(e)
No wireless telecommunications towers shall
be erected within 1,000 feet of any of the following:
(f)
Wireless telecommunications towers shall not
be erected with in 2,500 feet of any historic district or any historic
site listed or designated as eligible for listing on the National
and/or State Register of Historic Places.
E.
Area, yard and bulk regulations.[1]
[1]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the HO-Highway and Office District is included at the end of this chapter.
G.
Maximum floor area ratio (FAR) = 0.15.
H.
Retail farm markets. A retail farm market is permitted in the Highway Office Zone subject to the following provisions (which, to the extent that they conflict with any other requirements for the HO-Highway and Office District, shall supersede such other requirements):
[Added 11-12-1998 by Ord. No. 98-25]
(1)
Sale of products more typically found in a convenience
store, such as cigarettes, lottery tickets, newspapers, magazines,
toiletries, supermarket brand name products, and significant inventories
of canned and packaged goods, is not permitted. Sales of local newspapers
and house and garden magazines are permitted.
(2)
Sale of products such as building construction materials,
home improvement materials and farm and household machinery and services
is not permitted.
(3)
Building height shall not exceed 35 feet. A gable
roof design is encouraged to give the building a more traditional
appearance.
(4)
The maximum floor area of the retail farm market shall
not exceed 7,000 square feet. No more than 5% of the total floor area
shall be devoted to tables and chairs for the on-site consumption
of food. On-site consumption of beer and wine is prohibited.
(5)
Buffers shall be provided, in accordance with § 92-46, wherever the side or rear lot lines of the farm market abut a residential use or zone.
(6)
Driveway access shall be provided by at least one
driveway with a minimum width of 24 feet, and no driveway shall be
located closer than 75 feet to an adjoining lot.
(7)
Off-street parking shall be provided at the ratio
of one space per 200 square feet of floor area and shall be located
no closer than 50 feet to any lot line.
(8)
Hours of operation of the retail farm market shall
be limited to the period from 8:00 a.m. to 9:00 p.m.
(9)
Outdoor sales and display area shall not exceed 50%
of the lot area but in no case shall exceed three acres. Impervious
cover shall not exceed 25% of the lot area, not to exceed a maximum
of 1.5 acres.
(10)
Site plan approval shall be required to construct,
expand or modify a farm market.
(11)
One freestanding sign not exceeding 20 feet in height shall be permitted for each retail farm market. A freestanding sign shall not exceed 32 square feet and shall be located no closer than 75 feet to a side lot line and 25 feet to a street right-of-way, and shall not be located in any sight triangle. In addition, one attached sign not exceeding 20 square feet shall be permitted, provided that it is located upon and affixed to the retail farm market. Permitted signs shall also comply with § 92-72. No signage may advertise that deli-type products, sandwiches or coffee are available for sale.
(12)
Any area used for the parking of trucks or other
commercial vehicles shall be situated at least 150 feet from any residential
lot lines.
(13)
Compressors or fans used at the retail farm
market or used at associated facilities such as greenhouses shall
be situated so that a suitable visual barrier exists between the compressors
and fans and any residence within 500 feet.
(14)
If a greenhouse is associated with a farm market, the total floor area ratio and impervious coverage standards of the HO-Highway and Office District shall apply to the combination of the greenhouse(s) and the retail farm market.
[Amended 3-13-2003 by Ord. No. 03-02; 6-13-2019 by Ord. No. 19-08]
Minimum off-street parking requirements shall
be as follows:
|
Use
|
Number of Parking Spaces
|
|---|---|
|
(GFA=gross floor area)
| |
|
Antique shop
|
1 space/200 square feet GFA + one per employee
|
|
Assembly operations
|
1 space/800 square feet GFA
|
|
Auto sales
|
1 space/300 square feet showroom area and sales
office
|
|
Bank sales office
|
1 space/250 square feet GFA
|
|
Bar
|
1 space/2 seats
|
|
Bed-and-breakfast
|
3 spaces for residents + 1/guest room
|
|
Car wash
|
10 spaces/washing lane
|
|
Doctor's/dentist's office in home
|
1 space/200 square feet GFA, but not less than
6 spaces
|
|
Dwelling unit
|
2 spaces
|
|
Farm
|
2 spaces
|
|
Farm machinery and supplies
|
1 space/5,000 square feet GFA
|
|
Farm stand
|
5 or 1 space/150 GFA, whichever is greater
|
|
Fast-food restaurant
|
1 space/3 seats + 1 space/40 square feet GFA
of nonseating area
|
|
Feed grain
|
1 space/5,000 square feet gross yard and storage
area
|
|
Fiduciary institutions
|
1 space/250 square feet GFA
|
|
Finishing operations
|
1 space/800 square feet GFA
|
|
Firehouse
|
25 spaces
|
|
Gymnasium
|
To be determined at site plan review
|
|
Home occupation
|
Minimum of 2 + 2/employee
|
|
Hospital
|
1.5 spaces/bed
|
|
House(s) of worship
| |
|
Religious assembly
|
2 spaces for every 5 seats or, where benches
or pews are used, 1 space for each 66 lineal inches of bench or pew.
Where standing room, kneeling and/or seating on the floor is to be
used, there shall be 1 parking space provided for each 40 square feet
of gross floor area used or intended to be used by members and/or
guests, whichever requires the greater number of off-street parking
spaces, plus one additional space for each full-time employee.
|
|
Meeting hall, social or similar places of assembly
|
2 spaces for every 5 seats or, for areas without
seating, 1 space for every 40 square feet of floor area used for such
assembly. These parking spaces shall be in addition to the parking
required above only if there is substantial regular, concurrent use
of the place(s) of assembly on the property.
|
|
Rectory, parsonage, convent, monastery or similar
dwelling related to a house of worship
|
2 off-street spaces for a single-family dwelling
or 1 space for every 3 beds in group sleeping quarters related to
a house of worship.
|
|
Laboratory
|
1 space/1,000 square feet GFA
|
|
Library
|
1 space/300 square feet GFA
|
|
Manufacturing
|
1 space/800 square feet GFA
|
|
Medical clinic or medical office
|
1 space/150 square feet GFA; minimum of 10 spaces
|
|
Mortuary
|
10 spaces/viewing room and chapel; minimum of
30 spaces
|
|
Motel
|
1.1 spaces/unit
|
|
Neighborhood convenience center
|
Same as shopping center
|
|
Offices
|
1 space/300 square feet GFA
|
|
Park
|
As approved on site plan
|
|
Pool (community)
|
1 space/25 square feet of water surface area
|
|
Research
|
1 space/1,000 square feet GFA
|
|
Restaurant
|
1 space/3 seats
|
|
Retail store for merchandise and services
|
1 space/150 square feet GFA
|
|
School:
| |
|
Elementary
|
2 spaces/classroom, but not less than 1/teacher
and staff
|
|
Intermediate
|
1.5 spaces/classroom, but not less than 1/teacher
and staff
|
|
Secondary
|
2.5 spaces/classroom, but not less than 2/teachers
and staff
|
|
Service station
|
4 spaces/bay and work area
|
|
Shopping center*
|
5.5 spaces/1,000 square feet GFA
|
|
Swimming pool
|
1 space/25 square feet water surface area
|
|
Tennis courts
|
3 spaces/court
|
|
Truck sales
|
1 space/300 square feet showroom area and sales
office
|
|
Utilities
|
1 space
|
|
Veterinarian hospital
|
6 spaces/examining room or doctor, whichever
is greater
|
|
Warehouse
|
1 space/5,000 square feet GFA
|
|
NOTES:
* A maximum of 20% of the GFA can be office
use without additional parking for the office use. Office use above
20% shall require parking at the appropriate scale.
|
[Amended 3-13-2003 by Ord. No. 03-02]
Minimum off-street loading requirements shall
be as follows:
|
Gross Floor Area in Square Feet
| ||||
|---|---|---|---|---|
|
Minimum Number Spaces
|
At Which First Berth is Required*
|
At Which Second Berth is Required*
|
Amount of Square Feet For Each Additional
Berth
| |
|
Assembly
|
1
|
5,000
|
40,000
|
30,000
|
|
Auto sales
|
1
|
10,000
|
40,000
|
40,000
|
|
Bank
|
0
|
10,000
|
100,000
|
100,000
|
|
Bar
|
1
|
10,000
|
25,000
|
20,000
|
|
Car wash
|
0
|
10,000
|
100,000
|
100,000
|
|
Doctor's/ dentist's office in home
|
0
|
10,000
|
N.A.
|
N.A.
|
|
Dwelling unit
|
0
|
----None Required---
| ||
|
Farm
|
0
|
----None Required---
| ||
|
Farm machinery and supplies
|
1
|
10,000
|
40,000
|
40,000
|
|
Farm stand
|
0
|
----None Required---
| ||
|
Fast-food restaurant
|
1
|
10,000
|
25,000
|
20,000
|
|
Feed grain
|
1
|
10,000
|
40,000
|
30,000
|
|
Fiduciary institution
|
0
|
10,000
|
100,000
|
100,000
|
|
Finishing operator
|
1
|
5,000
|
40,000
|
30,000
|
|
Firehouse
|
0
|
----None Required---
| ||
|
Gymnasium
|
0
|
----None Required---
| ||
|
Home occupation
|
0
|
----None Required---
| ||
|
Hospital
|
1
|
10,000
|
100,000
|
100,000
|
|
House of worship
|
0
|
----None Required----
| ||
|
Laboratory
|
1
|
5,000
|
40,000
|
40,000
|
|
Library
|
0
|
----None Required---
| ||
|
Manu-
facturing
|
1
|
5,000
|
40,000
|
30,000
|
|
Medical clinic/ medical office
|
0
|
10,000
|
100,000
|
100,000
|
|
Mortuary
|
1
|
10,000
|
100,000
|
100,000
|
|
Motel
|
1
|
----None Required---
| ||
|
Neighbor-
hood conven-
ience center
|
1
|
5,000
|
40,000
|
40,000
|
|
Nightclub
|
1
|
10,000
|
25,000
|
20,000
|
|
Offices
|
1
|
10,000
|
100,000
|
100,000
|
|
Park
|
0
|
----None Required---
| ||
|
Pool
|
10,000
|
100,000
|
100,000
| |
|
Research
|
1
|
5,000
|
40,000
|
40,000
|
|
Restaurant
|
1
|
10,000
|
25,000
|
20,000
|
|
Retail store for merchan-
dise/ service
|
1
|
10,000
|
20,000
|
20,000
|
|
School
|
1
|
N.A.
|
N.A.
|
N.A.
|
|
Service station
|
0
|
----None Required---
| ||
|
Shopping center
|
1
|
10,000
|
40,000
|
40,000
|
|
Tennis courts
|
0
|
----None Required---
| ||
|
Theater
|
0
|
----None Required---
| ||
|
Truck sales
|
1
|
10,000
|
40,000
|
40,000
|
|
Utilities
|
0
|
10,000
|
100,000
|
100,000
|
|
Veterin-
arian hospital
|
1
|
10,000
|
100,000
|
100,000
|
|
Warehouse
|
1
|
5,000
|
40,000
|
30,000
|
|
NOTES:
* The minimum number of spaces shall prevail
for uses that have not attained the gross floor area where the first
space is required.
|
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No.
11-07]
A.
The Township recognizes the importance of alternative and renewable
energy sources to long-term environmental sustainability and that
renewable energy sources are recognized by the State of New Jersey
as inherently beneficial uses to the citizens of this state. The Township
believes there needs to be a balance between the development of alternative
energy systems and local land use goals to protect agricultural and
natural resources of East Amwell Township.
B.
All major solar or photovoltaic energy facility or structure installations
shall comply with the following conditional use standards:
(1)
Major solar or photovoltaic energy facilities and structures in all
zoning districts shall conform to the following area, yard and height
requirements:
(2)
No structure or other portion of the facility except for fencing,
access roads and non-energy-generating equipment shall be situated
less than 300 feet from any residence or less than 150 feet from any
accessory structure, whether located on the same or adjacent property.
(3)
Areas designated and regulated by NJDEP; farms.
[Amended 12-20-2018 by Ord. No. 18-21]
(a)
No structure or other portion of the facility shall occupy any area
designated and regulated by the New Jersey Department of Environmental
Protection ("NJDEP") as a floodplain, flood hazard area, wetland,
wetland transition area or riparian corridor. All such areas shall
be shown on any preliminary and/or final site plan submitted for approval
and shall be subject to confirmation from the NJDEP, which confirmation
shall be submitted to the Township Engineer for approval prior to
the issuance of any zoning or construction permit.
(b)
Except (and only) to the extent otherwise permitted pursuant to N.J.A.C.
2:76-2A.12, no structure or other portion of the facility shall occupy
all or any portion of a farm, any other land that is, or during the
prior five calendar years has been, valued, assessed and taxed pursuant
to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.,
or any property that would constitute a farm but for the fact that
it is utilized for "intensive poultry or swine production or intensive
feed lot operations," within the meaning of definition of "agricultural
use."
(4)
All structures or other portions of the facility shall be adequately screened from the public view or historic sites as defined in § 92-4.
[Amended 11-8-2012 by Ord. No. 12-09]
(5)
Major solar and photovoltaic energy facilities applicants shall submit a landscaping plan conforming to the requirements of § 92-46, Buffers and landscaping, and subject further to the requirements set forth hereinbelow:
[Amended 11-8-2012 by Ord. No. 12-09]
(a)
Safety fencing, or a barrier, shall be installed behind the
required landscaping at a height of eight feet, or as approved by
the Township Engineer.
(b)
To the greatest extent possible, applicants shall use natural
topography and existing vegetation to screen the facility and structures
from public view and the view of any adjoining uses on a lot having
a common lot line with the lot on which such facility or structure
will be located.
(c)
A landscape buffer shall be installed outside the fence around
the facility to shield the facility and all related accessory structures
and parking areas from public view and the view of any adjoining uses
on a lot having a common lot line with the lot on which such facility
or structure will be located. A vegetative buffer not less than 50
feet in width, with at least three rows of trees, shall be provided,
which may consist of existing vegetation, new plantings, or a combination
thereof providing year-round screening. The buffer shall include native
evergreens in the rear interior rows with a mix of deciduous and evergreen
trees planted in the front exterior row. Trees should be at least
eight feet to 10 feet in height at time of planting, planted 10 feet
on center in staggered rows. Bush or shrubs shall supplement the landscape
buffer areas in order to conceal ground level visual penetration.
(d)
In the event that the topography of the site prevents adequate screening from adjoining uses through the vegetative fifty-foot landscape buffer alone, the applicant, at the approving board's discretion, may be required to provide a berm on which the landscape buffer is to be built. The required landscaped berm shall include the provision of adequate and appropriate drainage facilities. A grading and drainage plan as outlined in § 92-100B(9) shall be submitted.
(e)
All landscaping shall be inspected by the Township Planner after
installation to ensure adequate screening has been provided prior
to issuance of a certificate of occupancy. In the event that the landscape
buffer does not adequately screen the facility from view of adjoining
uses, the applicant shall be required to provide additional landscaping
in strategic areas to address any deficiencies. Additional trees provided
shall be limited to no more than 20% of the total number of trees
provided in the landscape buffer.
(6)
The preservation of agricultural activities and agriculturally viable soils is key to long-term farming in the Township, therefore, in the Amwell Valley Agricultural District, construction of solar facilities, to the extent not prohibited by § 92-100B(3)(b), are subject further to the requirements set forth below:
[Amended 11-8-2012 by Ord. No. 12-09; 12-20-2018 by Ord. No. 18-21]
(a)
No soil containing prime farmland and farmlands of statewide
significance as identified by the USDA Natural Resources Conservation
Service shall be removed from any site upon which major solar or photovoltaic
energy facilities and structures are constructed.
(b)
Within areas containing prime farmland and farmlands of statewide
significance, there shall be no concrete footings constructed or used
for solar or photovoltaic panel racking systems or other structures
to support panels, however, concrete pads for inverters and similar
equipment, and concrete footings for security fence, may be constructed
within areas containing these soils.
(c)
Grading within prime farmland and farmlands of statewide significance
shall be limited to that necessary to construct access roads, inverter
and switching equipment and pads, parking areas and construction trailers
and associated facilities.
(d)
On all tracts of land 40 acres or greater in size, there shall
be provided deed restricted lands, which shall not be occupied by
any component of the major solar or photovoltaic energy facility,
and shall be deed restricted until decommissioning of the facility
is complete, subject to the following regulations:
[2]
Farm structures and not more than one residential dwelling supporting
continuing farm operations on the restricted lands portion of the
site shall be permitted; provided, however, that areas occupied by
farm buildings, the residential dwelling, and appurtenant residential
areas shall not be counted toward the overall 50% gross tract area
restricted requirement.
[3]
Restricted lands guidelines. The following guidelines should
be considered in determining the configuration and location of the
restricted lands:
[a]
Restricted lands shall be contiguous allowing for
the most valuable agricultural or restricted lands to be utilized
in an efficient manner. The solar or photovoltaic energy system and
facilities should be situated on the tract nearer the outer portions,
not centrally located, of the site in a manner that reduces negative
impact on agricultural activities or presence of restricted lands
and allows for the greatest amount of contiguous agricultural or restricted
area.
[b]
Restricted lands shall be configured in such a
manner as to facilitate agricultural use. Factors such as, but not
limited to, proximity of the restricted lands to adjacent tracts containing
farming operations, the ability to create large contiguous tracts
of restricted lands or farmland and the desirability of maximizing
separation between the solar or photovoltaic energy facility and existing
off-site residential units should be considered.
[c]
In order to maintain the rural character and scenic
viewsheds of the Township, as perceived from the public rights-of-way,
restricted lands should be located in such manner as to preserve scenic
vistas and preserve the rural character of farmsteads, barns and homesteads
after development.
[d]
Where tracts include existing farmland operations,
designated lands should be configured to preserve such uses, to the
greatest extent possible, in order to facilitate the continuation
of farming.
[e]
Proposed roads should be located with the portion
of the property utilized for the major solar or photovoltaic energy
facility. It is the intent of this subsection to keep the restricted
lands portion of the tract continuous and free of roadway intrusions;
however, adequate access must be provided to the restricted lands
area.
[f]
Restricted lands created as a result of these regulations
may be used for recreation, agriculture, or resource conservation.
No buildings or structures shall be constructed or maintained on the
deed restricted open lands except such structures that are accessory
to the agricultural, natural resource conservation or restricted lands
use.
(7)
The Sourland Mountain District is intended to protect the fragile environmental resources prevalent in the Sourland Mountain. These include large contiguous forests, limiting geology, critical habitat and steep slopes. Major solar facilities, including accessory structures, fencing and parking areas, shall be limited to existing cleared areas as shown on 2008 NJDEP aerial photographs.
(8)
Soil erosion control, soil stabilization. All ground areas occupied
by the major solar or photovoltaic energy facility or structure installation
that are not utilized for access to operate and maintain the installation
shall be planted and maintained with a native shade-tolerant grass
or other vegetation for the purpose of soil stabilization. Ground
cover shall be maintained using mechanical means or through the planting
of appropriate ground cover. The use of stone or herbicides for the
ongoing maintenance of ground cover shall be prohibited.
(9)
A grading and drainage plan shall be submitted which shall show the
existing and proposed grading and drainage patterns.
(a)
A grading and drainage plan shall be submitted under the seal
of a licensed professional engineer and shall provide the details
necessary to adequately demonstrate to the reviewing agency engineer
that no stormwater runoff or natural water shall be so diverted as
to overload existing drainage systems, increase stormwater runoff
to adjacent properties, or create flooding or the need for additional
drainage structures on other private properties or public lands.
(b)
Prior to issuance of a certificate of occupancy and/or placing
the facility online, an as-built grading and drainage plan, prepared
by a licensed professional surveyor, shall be submitted to the reviewing
agency's engineer for review and approval. The plan shall show that
the as-built conditions are substantially the same as those shown
on the approved grading and drainage plan.
(10)
A maintenance plan and land surface management plan shall be
submitted that sets forth provisions for the continuing maintenance
of the entire site including all solar panels and associated equipment,
required plantings, area not devoted to solar production, including
a schedule of specific maintenance activities to be conducted. On
site, but outside of the solar facility, shall be maintained to a
level that will discourage successional growth or the establishment
of invasive species. Planting of warm-weather native grasses which
allow for mid to late summer mowing, providing beneficial critical
habitat to native bird species and other wildlife is encouraged. The
use of herbicides, pesticides and chemical cleaners or solvents shall
not be permitted as an acceptable maintenance practice.
[Amended 11-8-2012 by Ord. No. 12-09]
(11)
Major solar and photovoltaic energy facilities and structures
and alternative energy systems shall not result in reflective glare
as viewed from ground level on adjoining properties.
(12)
Sound levels from the energy system shall not exceed 40 dBA
when measured from any site property line.
(13)
A construction staging and sequencing plan shall be provided
which details all pertinent information related to construction activities
including, but not limited to:
[Amended 11-8-2012 by Ord. No. 12-09]
(a)
Timing of construction activities for the course of the project.
(b)
Days and hours of construction activities.
(c)
Location of parking and loading areas.
(d)
Location of truck washing areas.
(e)
Location of construction trailers and associated facilities.
(f)
Location of topsoil stockpile areas.
(g)
Designated truck routes to and from the site.
(h)
Temporary lighting.
(i)
Site security.
(14)
Decommissioning plan. All applications for a major solar facility
shall be accompanied by a decommissioning plan to be implemented upon
abandonment and/or in conjunction with removal of solar energy systems.
Before beginning any decommissioning activities, the applicant must
submit a performance bond in a form and amount satisfactory to the
Township Attorney, which shall be based upon an estimate approved
by the Board Engineer, assuring the availability of adequate funds
to restore the site to a useful, nonhazardous condition in accordance
with the decommissioning plan. Prior to removal of solar energy systems,
a permit for removal activities shall be obtained from the East Amwell
Township Construction Official. The decommissioning plan shall include
provisions to:
(a)
Restore the surface grade and soil after removal of aboveground
structures and equipment.
(b)
Restore soil areas with native seed mixes, and/or plant species
suitable to the area, which shall not include any invasive species.
(c)
The plan may provide for the retention of access roads, fences,
gates or buildings in place and/or may provide for restoration of
agricultural crops or forest resource land.
(d)
If the property owner fails to remove the facility in accordance
with the decommissioning plan, the Township may remove such. All costs
incurred by the Township in connection with same shall be a first
priority lien, enforceable pursuant to municipal tax lien statutes.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No.
11-07]
A.
The Township recognizes the importance of alternative and renewable
energy sources to long-term environmental sustainability and that
renewable energy sources are recognized by the State of New Jersey
as inherently beneficial uses to the citizens of this state. The Township
believes there needs to be a balance between the development of alternative
energy systems and local land use goals to protect agricultural and
natural resources of East Amwell Township.
B.
All minor ground-mounted solar or photovoltaic energy installations
shall comply with the following standards:
[Amended 11-8-2012 by Ord. No. 12-09]
(1)
No portion of any minor ground-mounted solar or photovoltaic energy
facilities and structures shall occupy any areas of land designated
and regulated by the New Jersey Department of Environmental Protection
"NJDEP" as floodplains, flood hazard areas, wetlands, wetland transition
areas or riparian corridors. An applicability determination from the
NJDEP or certified wetlands specialist shall be submitted to the Township
Engineer to document the presence and/or absence of these regulated
areas prior to the issuance of any zoning or construction permit.
(2)
Ground-mounted minor solar and photovoltaic energy facilities and structures shall not be visible from the public view or historic sites as defined in § 92-4.
(3)
Installations shall be sited behind existing vegetation and natural
topography, which shall be supplemented as necessary with landscaping
to shield the installation from public view. If it is determined that
additional landscaping is required to adequately screen the installation,
applicants shall submit a landscaping plan satisfactory to the Township
Planner to screen the facilities and structures from adjoining residential
uses.
(4)
The preservation of agricultural activities and agriculturally viable soils is key to long-term farming in the Township, therefore, in the Amwell Valley Agricultural District no prime farmland and farmlands of statewide significance as identified by the USDA Natural Resources Conservation Service shall be removed from any site upon which ground-mounted minor solar or photovoltaic energy facilities and structures are constructed. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to install equipment. Within areas containing prime farmland and farmlands of statewide significance, there shall be no concrete footings constructed or used for solar or photovoltaic panel racking systems or other structures to support panels.
(5)
The Sourland Mountain District is intended to protect the fragile environmental resources prevalent in the Sourland Mountain. These include large contiguous forests, limiting geology, critical habitat, and steep slopes. Minor ground-mounted solar facilities and structures shall be limited to existing cleared areas as shown on 2008 NJDEP aerial photographs.
