Township of Hanover, NJ
Morris County
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Table of Contents
Table of Contents
No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, and all construction shall be in conformity with the regulations provided for the district in which such building or premises is located.
A. 
Permits for one- and two-dwelling units.
(1) 
No building to be used for detached one- and two-dwelling units and no accessory structures, including fences and walls, shall be erected, raised, moved, extended, enlarged, altered or demolished until a permit has been granted by the Construction Official. Application therefor shall be filed in triplicate with the Construction Official by the owner or his agent, and it shall state the intended use of the structure and of the land. The application shall be accompanied by detailed plans and specifications and a plot plan showing open spaces, building lines within the block, the proposed building, setback limits, garage floor and first floor elevations, proposed lot and curb elevations, existing and proposed finished contour lines, limits of tree removal and such other information as may be required to show that the proposed building or other structure complies with all the requirements of this chapter. Plans shall be drawn to scale and shall show actual dimensions in figures. All lots shall be graded so that surface waters will be carried away from buildings and so as not to permit the collection of surface waters on the lot. Contour lines shall be drawn at two-foot intervals.
(2) 
All plans, specifications and plot plans shall be signed by a duly licensed architect or a licensed professional engineer of the State of New Jersey, or the owner may sign the building plans in the event that he personally has prepared them. In such case, the owner shall file an affidavit to that effect in accordance with the law. Notwithstanding any other provisions of this section, a licensed land surveyor of the State of New Jersey may prepare and certify the required plot plan only.
(3) 
One copy of the application shall be transmitted forthwith by the Construction Official to the Township Engineer, who shall examine it with respect to engineering detail and report his findings and objections, if any, to the Construction Official.
B. 
Permits for other than one- and two-dwelling units.
[Amended 7-9-1987 by Ord. No. 22-87]
(1) 
No building or structure to be used for any use other than a detached one- and two-dwelling unit shall be erected, raised, moved, extended, enlarged or demolished until a permit has been granted by the Construction Official after site plan approval, as required by Part 4 of this chapter, has been granted by the Planning Board.
(2) 
No building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed to conform in all respects to the provisions of this Part 5.
(3) 
When required by the Planning Board or Board of Adjustment, or by any other officer or agency having the responsibility to review and approve development activity, the applicant for any nonresidential use shall submit, in duplicate, all plans of the proposed construction and development, including a description of the proposed machinery, operation and products, to the extent known at that time, as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform to same at all times. If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Board shall refer the application for investigation and report to one or more expert consultants selected by the Board as qualified to advise on conformance with the required performance standards. A copy of the consultant's report shall be promptly furnished to the applicant. Any permit authorized and issued shall be conditioned, among other things, upon the applicant's completed buildings and installations, in operation, conforming to the applicable performance standards. The cost of said expert consultant's service shall be charged against the escrow deposit accounts as set forth in Article VII of this chapter.
[Amended 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No. 16-95; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
(4) 
Notwithstanding any other provision of this section, the applicant shall file with the Construction Official a certificate obtainable from the Secretary of the Sewerage Authority indicating the consent and approval of the Authority for the installation of such sewer lines and associated facilities, including lift pumps, siphons, building Y-branches, etc., as the Authority may require, and the payment by the applicant to the Authority of all costs, fees and other charges as may be required by said Authority in connection with said installation. In instances where such certificate is not obtainable from the Sewerage Authority, a permit from the Board of Health certifying that the proposed water supply and sewerage facilities are in accordance with all applicable local and state health laws shall be submitted to the Construction Official.
(5) 
Where an applicant for a residential use in a residential zone will require a variance from the chapter for any area or front, rear or side yard setback requirements, only a site plan and elevation drawings will be necessary to support an application to the Board of Adjustment. The Board of Adjustment may require detailed plans and specifications if, in its judgment, the same are necessary to a determination of the application.
[Added 12-19-2011 by Ord. No. 30-11; amended 8-23-2012 by Ord. No. 19-12]
Applications for tree removal permits required by § 166-131 shall comply with the following procedures:
A. 
The applicant shall submit a completed application form, a plan depicting the proposed tree protection, removal and replanting, and an application fee as set forth in § 166-48M. Application forms shall be available from the Township Engineering Department. The application and form and plans shall provide all information required to demonstrate compliance with § 166-131. In cases where disturbance of more than one acre is proposed, the plan and application may estimate the number, size and species of trees to be removed based upon a representative sample of trees on the site. Such sample shall be based upon at least one acre of land and the sample area shall be delineated on the tree removal plan and marked in the field. The reviewing agency shall verify that the sample area is representative of the entire area to be affected by tree removal, such that estimated number, size and species to be removed is an accurate representation of the number, size and species to be removed based upon a complete count of the trees to be removed.
[Amended 2-14-2013 by Ord. No. 3-13]
B. 
The tree protection, removal and replanting plan shall be prepared by an individual with sufficient expertise in the subject matter, as the circumstances in each case may require. If deemed necessary, the Township Engineer may require that the plan be prepared by and/or certified by a surveyor, engineer, landscape architect, architect, arborist, certified wetland delineator or other appropriate professional.
C. 
The application shall be reviewed for completeness by the Township Engineer or his designee. Such review may include inspection of the subject property. If the application is incomplete, the Township Engineer shall notify the applicant of the deficient information within 10 business days of the application submission; otherwise, the application shall be deemed to be complete. If determined incomplete, no further action shall be taken unless and until the deficiencies are addressed.
D. 
Unless determined incomplete, the Township Engineer shall issue or deny a tree removal permit within 10 business days of submission of the application; provided, however, that in the case of an application that proposes to plant replacement trees at an off-site location pursuant to § 166-131G(5) and (6), the application shall be referred to the Planning Board for its review and comment, and in which case the Township Engineer shall issue or deny such tree removal permit within 45 days of submission of the application. Failure of the Township Engineer to act within the prescribed period shall be deemed to be an approval of the application. The Township Engineer shall grant or deny the application based upon the criteria in § 166-131 and shall inform the applicant of the decision.
[Amended 10-11-2018 by Ord. No. 21-2018]
E. 
If the application is approved, the holder of a tree removal permit shall notify the Township Engineer or the Township Engineering Department in person, by telephone or in writing at least three business days prior to the commencement of tree removal activities.
F. 
Appeals of the issuance or denial of a tree removal permit shall be made in accordance with the procedures for appeals of decisions of the Zoning Officer set forth in §§ 166-21 through 166-24.
G. 
Tree removal permits shall expire and be null and void if the approved tree removal does not occur within one year of the date of the permit approval. The Township Engineer may grant extensions of the permit approval for good cause shown.
H. 
Emergency tree removal. In the case of an emergency situation requiring immediate removal of the tree(s) in order to avoid or remedy an imminent or clear and present danger to life or property, such trees may be removed without prior approval. In such cases, the property owner shall notify the Township Engineer or his designee no later than seven days after removal, and shall document the emergency conditions that required the immediate removal of the tree(s) in question.
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this chapter.
[1]
Editor's Note: Former § 166-112, Mixed uses, was repealed 2-26-2009 by Ord. No. 5-09.
[Amended 7-9-2015 by Ord. No. 18-15]
A. 
General. Every lot shall contain front, rear and side yards as required by this chapter. In addition, the following provisions shall apply:
(1) 
All required yard depths shall be measured perpendicular to the lot line and shall be measured between the lot line and the nearest portion of the building, excluding any encroachments permitted by this chapter.
(2) 
On streets less in width than proposed or required by applicable county, state or borough plans or regulations, the minimum required front yard shall be measured from the proposed right-of-way line or road widening easement, whichever is more restrictive.
(3) 
Yards shall be open and unoccupied by buildings or other structures, except as permitted otherwise by this chapter.
(4) 
No yard or other open space shall be so reduced in area or dimension as to make it less than the minimum depth required under this article.
(5) 
Lot line and yard determinations for uncommon or atypical lots. In the event that the definitions of lot lines and yards in § 166-4 do not allow for a clear or reasonable determination of front, rear and side lot lines or yards, as for example in the case of flag lots or land-locked parcels which may be nonconforming or created by variance, the determination of such lot lines and yards shall be made by the Zoning Officer. Any such determination may be appealed following the procedures set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this chapter. In making such determination and deciding such appeals, the following guidelines shall apply:
[Added 9-13-2018 by Ord. No. 19-2018]
(a) 
Generally, the common boundaries between lots are to be defined the same. Thus, if the common boundary is a rear lot line for one lot, it is to be considered a rear lot line for all lots that share that boundary. The same case applies when a common boundary is a side lot line. There are exceptions to this principle, however, such as when a rear lot line on a corner lot is also the side lot line of the property sharing the same boundary.
(b) 
Generally, rear lot lines intersect side lot lines or other rear lot lines, but not front lot lines. There are exceptions to this principle, however, such as when a rear lot line on a corner lot intersects one or more of the front lot lines.
(c) 
Generally, side lot lines intersect front lot lines and/or rear lot lines. Side lot lines may also intersect other side lot lines, as for example in the case of corner lots in the nonresidential zones.
(d) 
Generally, rear lot lines and rear yards are located to the rear of the principal building, and side yards are located to the side of the principal building. There are exceptions to this principle, however, such as when the principal building is at a severe angle to the lot line(s), or the lot line(s) curve or angle along more than one wall of the building, the lot is unusually shaped, the building is unusually shaped or oriented, etc.
(e) 
Generally, front yards are located in front of the principal building, across the full width of a lot. There are exceptions to this principle, however, such as in the case of flag lots and landlocked parcels not having frontage on an approved street. In such cases, the front yard may be more limited in extent or there may be no front yard at all, as with a landlocked parcel.
(f) 
In cases where the application of these guidelines conflict with or contradict one another or the lot line and yard definitions in § 166-4, the determination of front, side and rear lot lines and yards shall be made by the Zoning Officer based upon the facts in each situation.
(6) 
Lot line and yard determinations for certain corner lots and through lots. Notwithstanding the lot line and yard definitions for corner lots and through lots in this chapter, the Zoning Officer may in exceptional circumstances determine that a lot line abutting a street right-of-way is a rear lot line or side lot line, and that the entire area between such lot line and the principal building is a rear yard or side yard. In addition, the Zoning Officer may determine that other lot lines and yards on corner lots and through lots are to be construed differently than defined by this chapter. The following shall apply:
[Added 9-13-2018 by Ord. No. 19-2018]
(a) 
In the case of corner lots, such determinations shall only be made if there are exceptional circumstances that would produce a result clearly contrary to the intent of the zoning regulations if the definitions in § 166-4 were applied, as evidenced by:
[1] 
An exceptional orientation of the principal building on the lot and/or on adjacent lots;
[2] 
An exceptional condition of usage of yard areas on the lot and/or on adjacent lots; and/or
[3] 
An exceptional situation involving frontage upon a highway and in which the yard abutting the highway is and could not reasonably be expected to be used as a front yard.
(b) 
In the case of through lots, such determinations shall only be made if there is a clear and consistent pattern in the immediate vicinity of other lots treating such lot lines and yards in the same manner, as evidenced by:
[1] 
A pattern of the same or similar orientation of principal buildings toward the same street;
[2] 
A pattern of the same or similar setback of principal buildings from the same street;
[3] 
A pattern of driveways providing access from the same street;
[4] 
A pattern of the same or similar the usage of yard areas; and/or
[5] 
A pattern of fences and/or buffers providing separation from the same street.
(c) 
Prior to making such determinations, the Zoning Officer may require the permit applicant to notify adjacent property owners of the permit application in sufficient time for such owners to review the application and communicate any objections to the Zoning Officer.
(d) 
In making such determinations, the Zoning Officer may impose certain reasonable requirements and/or conditions in order to preserve the neighborhood development pattern and to protect the public health, safety and welfare. Such requirements and/or conditions may relate to, but are not limited to, permitted accessory uses and structures; required setbacks; screening; fence height, location and design; driveway design and location; sight distance for streets, driveways and sidewalks; and property maintenance.
(e) 
Any Zoning Officer determination, and any requirement and/or condition imposed by the Zoning Officer, may be appealed in the same manner as any other determination of the Zoning Officer in accordance with this chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
B. 
Permitted yard encroachments. Except as hereinafter specified, or as may be specified otherwise by this chapter, yards and courts shall be entirely free of buildings, structures, or parts thereof. The foregoing shall not be construed to permit any portions of a building or other structure to encroach into any street or other right-of-way or onto adjacent property or into any easement where such buildings or structures are prohibited.
[Amended 9-24-2015 by Ord. No. 26-15]
(1) 
Yard encroachments permitted by other provisions of this chapter, expressly or implied, shall be as set forth in the sections regulating such uses and structures.
(2) 
Porches, steps and ramps attached to the principal building may encroach into required yards as set forth below:
(a) 
Encroachments into the minimum required rear yard shall be governed by the regulations for patios and decks in § 166-136.
(b) 
Any encroachment into the minimum required front and side yards shall only be permitted for such structures that provide direct access to only the ground floor and/or basement, but not to the upper floors.
(c) 
Encroachments shall not project more than four feet into the minimum required front yard(s), in the case of porches, steps and ramps, and five feet, in the case of any roof, awning or canopy covering such porches, steps and ramps.
(d) 
Encroachments into the minimum required side yard(s) shall be permitted if such structures do not project more than five feet from the side wall of the principal building, are located at least five feet from any side lot line, and the cumulative area of all such structures in any required side yard does not exceed 50 square feet.
(e) 
That portion of any porch, step or ramp that encroaches into the minimum required front yard may be permitted a roof, canopy or awning, as well as any necessary support columns and open railings, but shall not otherwise be enclosed by walls, screens, windows or other similar enclosures.
(3) 
Fire escapes may encroach up to four feet into any required side or rear yard.
(4) 
Awnings and canopies over doors and windows may encroach up to five feet into any required yard.
(5) 
Cornices and eaves may encroach up to three feet into any required yard.
(6) 
Sills, leaders, belt courses and similar ornamental structural features may encroach up to six inches into any required yard.
(7) 
Heating, ventilating and air-conditioning equipment, pool pumps and filters, basement window wells, "Bilco"-style basement doors, and similar equipment and structures may encroach into any required side or rear yard, provided that the same shall be required to be located at least five feet from side lot lines and 10 feet from rear lot lines.
[Added 6-13-1996 by Ord. No. 6-96; amended 8-16-2007 by Ord. No. 16-07]
In addition to all other applicable requirements of this chapter, single-family residences and two-family residences in the R-40, R-25, R-15 and R-10 Zone Districts shall comply with the building coverage, improvement coverage and floor area ratio requirements set forth below:
Lot Area
(square feet)
Maximum
Building Coverage
Maximum Improvement Coverage
Maximum
Floor Area Ratio
0 - 14,999
20%, but not above 2,700 s.f.
40%, but not above 5,100 s.f.
30%, but not above 3,600 s.f.
15,000 - 19,999
18%, but not above 3,200 s.f.
34%, but not above 6,000 s.f.
24%, but not above 4,200 s.f.
20,000 - 24,999
16%, but not above 3,500 s.f.
30%, but not above 6,500 s.f.
21%, but not above 4,750 s.f.
25,000 - 29,999
14%, but not above 3,600 s.f.
26%, but not above 7,200 s.f.
19%, but not above 5,100 s.f.
30,000 - 34,999
12%, but not above 3,850 s.f.
24%, but not above 7,700 s.f.
17%, but not above 5,600 s.f.
35,000 - 40,499
11%, but not above 4,050 s.f.
22%, but not above 8,100 s.f.
16%, but not above 6,075 s.f.
40,500 and over
10%
20%
15%
[Added 2-12-2015 by Ord. No. 1-15]
Notwithstanding the definitions of "floor area" and "floor area ratio" in § 166-4A, the following floor areas shall be excluded from the minimum floor area, maximum floor area and maximum floor area ratio requirements of this chapter, unless specifically indicated otherwise in the regulations for the individual zone districts:
A. 
Residential development.
(1) 
Attic and basement floors.
(2) 
Unenclosed porches, breezeways, carports, gazebos and other such roofed structures not enclosed by windows, screens or other similar enclosures.
(3) 
The interior portions of buildings that do not contain actual floor platforms, including but not limited to the upper areas of multiple-story rooms, the upper areas of stairwells and the like.
(4) 
The interior portions of buildings where the floor-to-ceiling height is less than six feet.
(5) 
Chimneys.
(6) 
For minimum floor area requirements only, all nonhabitable floor areas shall be excluded, in addition to the foregoing exclusions.
B. 
Nonresidential development.
(1) 
Floor areas within parking decks and structures, private garages and other buildings or roofed structures, which are used for the parking of motor vehicles used by employees and patrons of the nonresidential use on a regular basis. The foregoing shall not be construed to exclude floor area used for motor vehicle storage, sale, display or servicing, unless otherwise excluded.
(2) 
Floor areas within attics and basements which are unused or are dedicated to use for inactive storage. For purposes of administering this provision, "inactive storage" shall mean storage of a long-term nature which does not experience frequent turnover of material or frequent visitation by employees or other personnel associated with the use.
(3) 
Floor areas within attics and basements dedicated to mechanical equipment and utilities necessary for the use of the building, included but not limited to electrical panels, water heaters, furnaces, air-conditioning equipment and other such equipment and utilities. The foregoing shall not be construed to exclude areas used for storage of equipment for sale or distribution, or equipment used in any industrial process or function that is part of the nonresidential operation, unless such storage is otherwise excluded.
(4) 
Unenclosed porches, breezeways, carports, gazebos and other such roofed structures not enclosed by windows, screens or other similar enclosures.
(5) 
The interior portions of buildings that do not contain actual floor platforms, including but not limited to the upper areas of multiple-story rooms, the upper areas of stairwells and the like.
(6) 
The interior portions of buildings where the floor-to-ceiling height is less than six feet.
(7) 
Chimneys.
C. 
Mixed-use development. The provisions of Subsections A and B, respectively, shall apply to the residential and nonresidential portions of the development. In the event that portions of the development are shared such that the residential and nonresidential portions cannot be distinguished, the more restrictive provision shall apply.
[Amended 5-12-2005 by Ord. No. 14-2005]
A. 
General. No accessory building and other roofed accessory structure may be built on any lot on which there is no principal building or structure, except that bus shelters shall be permitted on a lot without a principal structure.
[Amended 4-11-2013 by Ord. No. 13-13]
B. 
Buildings and other roofed structures accessory to residential use. The following requirements shall apply to buildings and roofed structures that are accessory to residential uses; provided, however, that if the standards for accessory buildings in a particular zone district conflict with any of the following requirements, the standards for the district shall apply:
(1) 
Private garages detached from the principal building shall be prohibited. Private garages shall be attached to or share a common wall with the principal building; the horizontal dimension of the attached section or section of common wall shall be not less than 1/3 of the length of the exterior horizontal dimension of the garage on the attached side, but in no event less than seven feet.
(2) 
No accessory building or other roofed accessory structure shall exceed 13 feet in height.
(3) 
No accessory building or other roofed accessory structure shall be permitted in the front yard, except for bus shelters and gatehouses designed and used to limit access to a development.
[Amended 4-11-2013 by Ord. No. 13-13; 9-13-2018 by Ord. No. 19-2018]
(4) 
Accessory buildings and other roofed accessory structures other than private garages, which are regulated by Subsection B(1) above, shall be either substantially attached to the principal building by a breezeway, roof, wall or the like, or shall be at least 10 feet or the height of said accessory building or roofed structure, whichever is greater, from any principal building situated on the same lot. Accessory buildings and other roofed accessory structures shall be at least six feet or the height of the higher accessory building or roofed structure, whichever is greater, from any other accessory building. When an accessory building is attached to a principal building or is separated from the principal building by a distance less than required (as in the case of a variance or nonconforming structure), such accessory building shall be subject to the same yard requirements as the principal building. When an accessory building is attached to another accessory building or is separated from the other accessory building by a distance less than required, such accessory buildings shall be considered one building only for purposes of applying the requirements in Subsection B(5) below.
(5) 
Accessory buildings and other roofed accessory structures may be built within the side yard if the distance from said accessory building to the side line is equal to or greater than the required side yard setback for principal buildings.
(6) 
Accessory buildings and other roofed accessory structures built in the rear yard shall be not closer than 10 feet to any side or rear property line of the lot containing said accessory building.
(7) 
Accessory buildings and other roofed accessory structures on corner lots may not be erected nearer to any street line than the required front yard setback for principal buildings.
(8) 
The maximum permitted floor area and building coverage for individual detached accessory buildings and roofed accessory structures, excluding detached accessory structures used for the keeping of livestock as permitted by § 166-165B, shall be as follows:
(a) 
Cabanas: 200 square feet.
(b) 
Gazebos: 250 square feet.
(c) 
Greenhouses: 200 square feet.
(d) 
Sheds and other storage buildings: 150 square feet.
(e) 
Other: 100 square feet.
(9) 
The cumulative building coverage of all detached accessory buildings or other roofed structures, excluding detached accessory structures used for the keeping of livestock as permitted by § 166-165B, shall not exceed the lesser of:
(a) 
One-third of the actual building coverage of the principal building on the same lot;
(b) 
One-fourth of the permitted maximum building coverage on the same lot; or
(c) 
Four hundred and fifty square feet.
(10) 
No more than two detached accessory buildings or roofed accessory structures shall be permitted on any residential lot, except for permitted multifamily residential developments.
C. 
Buildings and other roofed structures accessory to nonresidential use. The following requirements shall apply to buildings and roofed structures that are accessory to nonresidential uses; provided, however, that if the standards for accessory buildings in a particular zone district conflict with any of the following requirements, the standards for the district shall apply:
(1) 
No accessory building or other roofed accessory structure shall exceed 20 feet in height.
[Amended 10-27-2011 by Ord. No. 28-11]
(2) 
Accessory buildings and other roofed accessory structures may be built within the front yard, subject to the following:
[Amended 10-27-2011 by Ord. No. 28-11]
(a) 
Bus shelters, gatehouses, visitor entry buildings and similar structures having a building coverage not exceeding 500 square feet shall be permitted in the front yard without any setback requirement from the front lot line or from any private street or other private roadway, provided that unless located adjacent to an entry or exit driveway or street, such structures shall not be permitted to encroach into any required buffer area in the front yard.
[Amended 4-11-2013 by Ord. No. 13-13]
(b) 
Except for those structures regulated by Subsection C(2)(a) above, all accessory buildings in the front yard shall be located a distance from the front lot line not less than the minimum front yard requirement for principal buildings. In those zone districts where the front yard requirement varies with the height of the principal building, the minimum front yard requirement for accessory buildings shall be based upon the height of the accessory building.
(c) 
Accessory buildings in the front yard having a building coverage not exceeding 500 square feet shall be located at least 20 feet from the side and rear lot lines. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.
[Amended 4-11-2013 by Ord. No. 13-13]
(d) 
Accessory buildings in the front yard having a building coverage of more than 500 square feet shall be set back from the side and rear lot lines a distance not less than the side and rear yard requirements for principal buildings. In those zone districts where the side or rear yard requirements vary with the height of the principal building, the setback requirement for accessory buildings from the side or rear lot lines shall be based upon the height of the accessory building.
(3) 
No accessory building or other roofed accessory structure shall be closer to the principal building than the height of said accessory building or 20 feet, whichever is greater.
[Amended 10-27-2011 by Ord. No. 28-11]
(4) 
Accessory buildings and other roofed accessory structures may be built within the side yard, subject to the following:
[Amended 10-27-2011 by Ord. No. 28-11]
(a) 
Accessory buildings in the side yard having a building coverage not exceeding 500 square feet shall be located at least 20 feet from the side and rear lot lines. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.
[Amended 4-11-2013 by Ord. No. 13-13]
(b) 
Accessory buildings in the side yard having a building coverage of more than 500 square feet shall be set back from the side and rear lot lines a distance not less than the side and rear yard requirements for principal buildings. In those zone districts where the side or rear yard requirements vary with the height of the principal building, the setback requirement for accessory buildings from the side or rear lot lines shall be based upon the height of the accessory building.
(5) 
Accessory buildings and other roofed accessory structures built in the rear yard shall comply with the following setback requirements:
(a) 
Such buildings and structures having a building coverage of 500 square feet or less shall not be not closer to any side or rear property line than 20 feet, or the height of the accessory building or other roofed structure, whichever is greater. If the building or roofed structure varies in height, the setback requirement shall apply independently to each portion of the building or structure, based upon the height of such portion. Excluded from this requirement shall be those structures in the situations specified by Subsection C(2)(a) above, for which no setback shall be required.
[Amended 4-11-2013 by Ord. No. 13-13; 6-14-2018 by Ord. No. 15-2018]
(b) 
Such buildings and structures having a building coverage of more than 500 square feet shall comply with the setback requirements applicable to principal buildings.
(6) 
The cumulative building coverage of all detached accessory buildings or other roofed structures accessory to a nonresidential use, except for parking decks, shall not exceed 1/4 of the permitted maximum building coverage on the same lot.
[Amended 2-12-2015 by Ord. No. 1-15; 10-12-2017 by Ord. No. 22-2017]
[Amended 7-9-1987 by Ord. No. 22-87; 4-14-1988 by Ord. No. 3-88; 8-23-1990 by Ord. No. 35-90; 12-22-1993 by Ord. No. 36-93; 6-8-1995 by Ord. No. 16-95; 10-10-1996 by Ord. No. 15-96; 11-14-1996 by Ord. No. 17-96; 10-22-1998 by Ord. No. 25-98; 10-26-2000 by Ord. No. 14-2000; 11-14-2002 by Ord. No. 25-2002; 3-11-2004 by Ord. No. 3-2004; 7-22-2004 by Ord. No. 19-2004; 12-14-2006 by Ord. No. 31-2006; 2-26-2009 by Ord. No. 5-09; 11-23-2009 by Ord. No. 18-09; 3-11-2010 by Ord. No. 11-10; 8-12-2010 by Ord. No. 22-10; 9-8-2011 by Ord. No. 26-11; 10-27-2011 by Ord. No. 28-11]
A. 
No building to be used as a dwelling shall be constructed, altered or moved to the rear of a building situated on the same lot, nor shall any building be constructed in front of or moved to the front of a dwelling situated on the same lot, except as regulated for single-family attached and multifamily housing developments, and for permitted residential uses accessory to institutional uses, where permitted by this chapter.
[Amended 7-14-2016 by Ord. No. 20-16]
B. 
In all R-40, R-25, R-15, R-10 and B Zones, no lot may contain more than one principal building, except as may be specifically provided otherwise by this chapter.
[Amended 7-14-2016 by Ord. No. 20-16; 12-14-2017 by Ord. No. 26-2017]
C. 
More than one principal building is permitted on a lot in each of the zones as follows, except as may be specifically provided otherwise by this chapter:
[Amended 9-12-2013 by Ord. No. 17-13; 12-13-2012 by Ord. No. 23-12; 7-14-2016 by Ord. No. 20-16]
(1) 
In the R-M Zone as set forth in § 166-180.
(2) 
In the R-10A Zone as set forth in Article XXVIIIA.
(3) 
In the D-S Zone as set forth in § 166-188D.
(4) 
In the OB-RL Zone as set forth in § 166-192L.
(5) 
In the OB-DS Zone as set forth in § 166-193.3J.
(6) 
In the I Zone as set forth in § 166-196J.
(7) 
In the I-2 Zone as set forth in § 166-199.
(8) 
In the I-P Zone as set forth in § 166-206K.
(9) 
In the TC Town Center District as set forth in Article XXXVIIA.
(10) 
In the RM-2 Zone for multifamily and townhouse development only, as set forth in Article XXIXB.
[Amended 12-14-2017 by Ord. No. 26-2017]
(11) 
In the RM-3 Zone for townhouse development only, as set forth in Article XXIXC.
(12) 
In the RM-4 Zone as set forth in Article XXIXD.
(13) 
In the B-P2 Zone for multifamily and single-family attached dwellings only, as regulated by § 166-186.11B.
(14) 
In the WC Zone for planned commercial development only.
(15) 
In the I-B3 Zone as set forth in Article XXXVIB.
(16) 
In the AH-1 Overlay Zone District as set forth in Article XXIXE.
(17) 
In the PU Zone District as set forth in §§ 166-211.1 through 166-211.4.
(18) 
In the OB-RL3 Zone as set forth in §§ 166-193.7O and 166-193.8A.
(19) 
In the B-10 Zone as set forth in Article XXXA.
[Added 12-14-2017 by Ord. No. 26-2017]
D. 
The principal building on a lot in any B, B-10, B-P2, WC, D-S, OB-RL, OB-DS, OB-RL3, I, I-2, I-P, I-B3, I-4 and TC Zone District may be divided to accommodate different operations or tenants within the principal building; subject, however, to the provisions of Subsection F below.
[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
E. 
Multiple tenants within any building in an approved planned industrial development are permitted as regulated therein; subject, however, to the provisions of Subsection F below.
[Amended 12-14-2017 by Ord. No. 26-2017]
F. 
Restrictions on certain combinations of uses. Within any building or property, there shall be prohibited a mixture or combination of any of the uses in Column A below with any of the uses in Column B below, except when such uses are accessory to the principal use, or unless the applicant demonstrates to the satisfaction of the Site Plan Exemption Committee or the Planning Board, as applicable, that such uses can reasonably function together within the same building and on the same site without undue interference with each other or without undue impairment of the health, safety and general welfare of site users:
[Amended 7-9-2015 by Ord. No. 17-15; 7-14-2016 by Ord. No. 18-16]
A
B
Industrial and manufacturing uses, manufacturing uses, wholesale trade uses, construction uses and building trade contractors, construction equipment leasing or storage, truck depots, distribution facilities or truck storage, warehousing, repair and/or other services to motor vehicles, public utility stations or yards, and uses similar in character to the foregoing
Amusement and recreation services, including but not limited to dance studios, martial arts studios, tennis clubs, physical fitness centers, and other indoor physical fitness facilities; health services, including but not limited to medical offices; educational services and social services, including but not limited to schools, child-care centers, counseling services and unemployment services; membership organizations, including but not limited to nonprofit organizations and houses of worship; and other services and uses similar to the above, either in operational characteristics or function
A. 
Any lot as defined herein at the time of the adoption of this chapter that fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in said district in which it lies, provided that said lot is in single ownership as defined in this chapter, and further provided that all yard requirements are met.
B. 
Where there are two contiguous platted lots not previously subdivided by the Planning Board and each of the lots contains a principal structure, each such lot with a structure thereon shall be deemed a separate lot, and, if only one of the lots shall contain a principal structure, said vacant contiguous lot shall be deemed a part of the lot containing the principal structure.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.
[Amended 7-9-1987 by Ord. No. 22-87; 12-22-1993 by Ord. No. 36-93]
Garaging for not more than three cars may be erected on a single lot containing a single-family residential dwelling unit. Not more than one truck with a maximum capacity of one ton owned or used by a resident on the premises is permitted and that shall be kept in an enclosed garage. This provision shall not be deemed to limit the number of garages permitted on a single lot developed for multifamily housing units, provided that every garage is accessory to the multifamily housing units.
No permit shall be granted for a building or use if the design or construction of the same involves or is likely to involve exceptional risks of traffic congestion, public safety or hazard. If the design or construction of any building or use is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property, the Building Inspector shall deny the permit and refer the applicant to the Board of Adjustment, which shall act thereon. Should the Board determine that the foregoing standards are not violated, the permit shall be granted.
[Added 12-8-1994 by Ord. No. 29-94]
Notwithstanding any other provision of this chapter, establishments primarily engaged in scavenging, assembling, breaking, sorting or distribution of scrap and waste materials are prohibited in all zone districts of the Township. Exempt from this prohibition are municipal recycling facilities, municipal facilities involved in the maintenance and construction of public improvements and recycling and waste disposal facilities operated as an accessory use to a permitted principal use. The uses prohibited by this section shall include, but not necessarily be limited to, the assembling, breaking, sorting, distribution, scavenging, reclamation, recycling or other processing of the following:
A. 
Vehicles for scrap or vehicles for secondhand parts.
B. 
Building materials, lumber, pavement or other construction materials.
C. 
Waste bags, boxes, wastepaper or other paper materials.
D. 
Waste bottles or other glass materials.
E. 
Fur cuttings or scraps, rags, textile waste, wiping rags or other cloth materials.
F. 
Iron, steel, aluminum and other nonferrous metals scrap.
G. 
Waste oil, plastics, rubber, including tires, or other petroleum-based materials.
H. 
General junk, scrap or other waste materials.
[Added 9-28-1995 by Ord. No. 26-95; amended 11-13-2003 by Ord. No. 23-2003]
Notwithstanding any other provision of this chapter, self-service storage facilities are prohibited in all zone districts of the township unless specifically permitted by the zone district regulations.
[Added 12-14-1995 by Ord. No. 31-95]
Notwithstanding any other provision of this chapter, massage parlors, sex clubs and tattoo parlors are prohibited in all zone districts of the Township.
[Added 8-28-1997 by Ord. No. 28-97]
Notwithstanding any less restrictive provision of this chapter, the following provisions shall apply to sexually oriented businesses in the Township; provided, however, that in case of conflict between the provisions of this section and any other provision of this chapter, the more restrictive provision shall apply:
A. 
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business or any church, synagogue, temple or other place of public worship or any elementary or secondary school or any school bus stop or any municipal or county playground or place of public resort and recreation or within 1,000 feet of any area zoned for residential use.
B. 
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.
C. 
No sexually oriented business shall display more than two exterior signs, consisting of the one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 12 square feet in size.
[Added 5-12-2005 by Ord. No. 12-2005; amended 2-26-2009 by Ord. No. 5-09]
Any restaurant that is permitted by this chapter shall be permitted to have an outdoor dining facility or facilities as an accessory use to such restaurant. Unless regulated to the contrary in the regulations for specific zone districts, such outdoor dining facilities shall be subject to the following requirements:
A. 
Such facilities shall comply with the setback requirements applicable to principal buildings in the zone district.
B. 
Such facilities shall be permitted in the front yard only when they are located at least 75 feet from the street right-of-way line, and are screened from the view of the street by plantings, fencing and/or walls, or are otherwise not readily visible from the street.
C. 
When located on a property that is adjacent to a property that is within a residential zone district or is used for residential purposes, such facilities shall be located at least 50 feet from such property or the distance required by § 166-125 for buffers on the property, whichever is greater. In addition, the outdoor dining area shall be screened from the view of such residential property or district by plantings, fencing and/or walls, effective during all seasons of the year. If located within 100 feet of a residential property or district, the outdoor dining facility shall not be permitted to operate between the hours of 10:00 p.m. and 7:00 a.m.
D. 
If such facilities are to be used at the same time as the indoor dining facilities on the premises, the area of the outdoor dining facility shall be considered to be floor area for purposes of determining the required number of parking spaces on the premises, using the same parking ratio as would otherwise apply to the restaurant.
E. 
Litter containers shall be provided for the outdoor facility, or the operator of the facility shall demonstrate that service personnel will maintain the area free of litter during and after the hours of operation of the facility.
F. 
No additional signage shall be permitted for the outdoor dining facility above that permitted for the restaurant.
G. 
Any lighting for the outdoor dining facility shall be subject to the same requirements as apply to the illumination of parking areas.
H. 
No speakers, music, beepers or other similar noise-making equipment that is audible from outside the building shall be permitted.
I. 
The use of the outdoor dining area shall be limited to the serving and consumption of food and beverages only; food cooking and preparation, musical entertainment and other forms of entertainment shall be prohibited.
J. 
Outdoor dining facilities shall be required to obtain site plan approval; provided, however, that outdoor dining facilities that are fully conforming with the requirements of this chapter may apply for and be granted an exemption from site plan requirements pursuant to the procedures in § 166-164.1.
[Amended 11-12-2009 by Ord. No. 17-09]
[Added 9-10-2015 by Ord. No. 23-15; amended 9-14-2017 by Ord. No. 21-2017]
A. 
The sale or serving of alcoholic beverages for consumption on the same premises shall be prohibited in all zone districts, unless such sale or service is accessory to an eating and/or drinking establishment licensed for such sale or service and which is designed to discourage commingling of the patrons of such eating and/or drinking establishments with the patrons of other business establishments that do not sell or serve alcoholic beverages, using one or more of the following means:
(1) 
The eating and/or drinking establishment is located in a separate building from any other business establishment or portion thereof to which the general public is invited on the same premises; and/or
(2) 
The eating and/or drinking establishment is separated from any other business establishment or portion thereof to which the general public is invited on the same premises by a continuous wall that does not allow access between such business establishments, except for access during emergencies or access by employees and service personnel; and/or
(3) 
The eating and/or drinking establishment is located on a separate floor or story from any other business establishment or portion thereof to which the general public is invited on the same premises, and the access to the eating and/or drinking establishment is designed in a manner that discourages the commingling of patrons of the establishments. Compliance with this Subsection A(3) shall be determined by the Planning Board, Board of Adjustment or Zoning Officer, as applicable.
B. 
For purposes of administering this provision, the following definitions shall apply:
ALCOHOLIC BEVERAGE
Any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.
BUILDING
A structure of which premises are or may be a part, including all rooms, cellars, outbuildings, passageways, closets, vaults, yards, attics, and every part of the structure of which the premises are a part, and of any other structure to which there is a common means of access, and any other appurtenances.
EATING AND/OR DRINKING ESTABLISHMENT
A retail establishment selling food and/or drink for consumption on the premises, including but not limited to restaurants, bars, taverns, and uses such as hotels selling food and/or drink incidental thereto as an accommodation to patrons; but excluding any grocery, delicatessen, drug store or other establishment where mercantile business is carried on, except as may be specifically provided otherwise by the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.
PREMISES
The physical place at which an establishment sells or serves alcoholic beverages, but not including vehicular transportation.
Wherever the Board of Adjustment grants a use variance as hereinafter permitted, said variance must meet all height and yard requirements of the zone district containing said variance or whichever is the more restrictive of the zones involved in the use variance.
[Amended 2-8-2007 by Ord. No. 2-07; 9-13-2018 by Ord. No. 19-2018]
A. 
Where a lot is bounded by more than one street, each area fronting on a street shall be considered a front yard, and all front yard requirements of this chapter shall be met, except as specifically provided otherwise by this chapter. For purposes of this requirement, the right-of-way of Interstate Route 24, Route 178 and Route 287 shall not be considered a street unless such right-of-way is permitted to be used for access to the property by motor vehicles.
B. 
Corner lots and through lots shall comply with the minimum lot width requirements on all abutting streets.
C. 
All lots, including interior lots, corner lots or through lots, shall have a frontage of at least 50 feet on all abutting streets.
Temporary permits may be authorized by the Building Inspector for a specified period not to exceed one year for nonconforming uses incidental to construction projects on the same premises, including such uses as the storage of building supplies and machinery, the assembly of building materials and a real estate office located on the tract offered for sale, provided that the issuance of such permits shall be conditional upon bonded agreement by the owner to remove any structure or structures erected thereunder and/or to discontinue such uses upon expiration of permit.
The control and regulation of the uses of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.
[Amended 4-23-1987 by Ord. No. 7-87; 2-23-1989 by Ord. No. 1-89; 11-13-2003 by Ord. No. 23-2003; 3-11-2010 by Ord. No. 8-10; 9-12-2013 by Ord. No. 17-13; 10-9-2014 by Ord. No. 38-14; 9-13-2018 by Ord. No. 17-2018]
The following regulations shall apply to the placement of any object(s), material(s), equipment, vehicles or merchandise outside the confines of a building, unless specifically provided otherwise by this chapter or by other applicable law, rule or regulation:
A. 
Outdoor storage accessory to nonresidential uses. Outdoor storage accessory to nonresidential uses shall be subject to the following regulations:
(1) 
Outdoor storage is only permitted as an accessory use to a use conducted in the principal building on the lot.
(2) 
Outdoor storage on a lot that does not contain a principal building is prohibited.
(3) 
Where outdoor storage is permitted, no article or material shall be kept, stored or displayed outside the confines of a building unless the same is reasonably screened by a building, wall or fence designed in accordance with § 166-138.2, plant material, berm, building or other manner, as depicted on a site plan approved by the Planning Board. The intent of such screening is to minimize the view of such storage from any adjacent property or public street. The following shall be excluded from the foregoing screening requirement:
(a) 
The parking of passenger vehicles in designated parking spaces and used by employees and patrons;
(b) 
The storage and display of vehicles for sale by automobile sales dealerships; and
(c) 
The display of merchandise for sale or rent when permitted by this chapter.
(4) 
Any fence or wall required to screen the outdoor storage as herein regulated shall have a height not exceeding six feet; provided, however, that the Planning Board may permit a wall or fence with a height of eight feet if the same is necessary to provide adequate screening of the outdoor storage; provided, however, that any wall or fence with a height exceeding six feet shall be set back at least five feet from any property line and supplemental plantings may be required by the Board to reduce the visual impact of the taller wall or fence. No wall or fence used to screen outdoor storage shall be permitted in any front yard.
(5) 
Outdoor storage as herein regulated is only permitted to be located in the side and rear yards; provided that the following activities, when permitted by this chapter, may be located in the front yard, as depicted on a site plan approved by the Planning Board:
(a) 
The parking of passenger vehicles in designated parking spaces and used by employees and patrons;
(b) 
The storage and display of vehicles for sale by automobile sales dealerships in the same locations as permitted for parking of passenger vehicles in the front yard; and
(c) 
The display of merchandise for sale or rent when permitted by this chapter.
(6) 
Outdoor storage of any hazardous, toxic or corrosive substances, as defined in regulations promulgated by the United States Environmental Protection Agency or the New Jersey Department of Environmental Protection, is prohibited.
(7) 
The overnight parking or storage of vehicles, other than passenger vehicles and small vans, accessory to a permitted nonresidential use on-site shall be located in a specific area in the side and/or rear yard(s) delineated on a site plan approved by the Planning Board and shall be situated to mitigate the visual adverse impact of said overnight storage upon abutting streets and residential properties and residential zones.
(8) 
No outdoor storage shall be located in a manner that would obstruct or interfere with the movement of vehicles and pedestrians, including but not limited to passenger vehicles, delivery and shipping trucks, fire trucks, garbage trucks, as depicted on the approved site plan.
(9) 
No outdoor storage shall be permitted to be located within designated parking or loading spaces; such spaces shall be limited to use on a short-term basis for parking and loading operations as depicted on an approved site plan.
(10) 
No outdoor storage shall be located or stored in a manner that could reasonably be expected to result in littering, spillage or leakage of material; dispersion of materials by wind, rain, floodwater or animals; creation of offensive odors; creation of fire or explosion hazards; contamination of air, soil or water; or other similar adverse effects.
(11) 
Outdoor storage shall be placed on a suitable surface such as pavement, crushed stone or other suitable material, and not on bare earth, grass, mulch or other similar surface.
B. 
Outdoor storage accessory to residential uses. Outdoor storage accessory to residential uses shall be subject to the following regulations:
(1) 
The storage of any article in the front yard shall be limited to the following motor vehicles used on a daily basis by the residents of the dwelling on site: noncommercial automobiles, pickup trucks and vans. Said motor vehicles, as herein regulated, are permitted to be parked in the driveway of a front yard as regulated in § 166-167B.
(a) 
For the purpose of administering this section, a "commercial vehicle" shall be defined as one that has painted or installed thereon a sign or logo or one that contains any visual evidence of said vehicle being used for commercial purposes.
(b) 
The maximum length of a van as permitted shall be 20 feet.
(c) 
The maximum length of the box in a pickup truck as permitted shall be eight feet.
(2) 
Outdoor storage of any article in the side yard shall be limited to any use permitted in Subsection B(1) above as well as one commercial pickup truck or van, one boat not to exceed 25 feet in length, exclusive of the accompanying boat trailer, one recreation vehicle, one camper, one camper-trailer and one mobile home not to exceed 25 feet in length. Any article stored in the side yard of any residential zone shall not be permitted closer to the side lot line than a distance that is equal to the height of said article; provided, however, that said article need not be set back from the side line a distance greater than the side yard setback requirement for a principal building on the same lot. Nothing contained herein shall be construed to prohibit any use permitted in the side yard from being stored in a garage.
(3) 
(Reserved)
(4) 
Outdoor storage of any article permitted in Subsection B(1) and (2) above is permitted in the rear yard if said article does not exceed a maximum length of 28 feet and is not closer than 10 feet to the side and rear property lines of the lot containing said article.
(5) 
Outdoor storage of any hazardous, toxic or corrosive substances, as defined in regulations promulgated by the United States Environmental Protection Agency or the New Jersey Department of Environmental Protection, is prohibited.
[Added 7-11-2013 by Ord. No. 19-13]
The following requirements shall apply to aboveground storage tanks located outside a principal building:
A. 
Aboveground storage tanks and processing tanks shall only be permitted as an accessory use and structure for permitted principal uses.
B. 
Such tanks shall be permitted with capacities up to 2,500 gallons. This capacity shall be cumulative for all such tanks on the property.
C. 
Such tanks shall be prohibited in the front yard.
D. 
Adequate containment shall be provided in the event of fuel spills or leakage, as determined by the Township Engineer.
E. 
Where permitted, such tanks having a capacity greater than 1,000 gallons shall be screened from the view of public streets and adjacent properties.
[Amended 12-13-2001 by Ord. No. 18-2001]
A. 
When required. Unless specifically regulated otherwise by this chapter, there shall be provided a buffer as required by this section:
[Amended 2-26-2009 by Ord. No. 5-09; 12-13-2012 by Ord. No. 23-12]
(1) 
Where a nonresidential zone district abuts a residential zone district;
(2) 
Where a multifamily residential zone district or the R-10A District abuts a property in a single-family residential zone district and the property is vacant or developed with a single-family or two-family dwelling;
[Amended 9-12-2013 by Ord. No. 17-13]
(3) 
Where a nonresidential development in the OB-RL, OB-DS, I, I-2, or I-P District abuts a public street, excluding State Highway Route 24 and Interstate Route 287;
[Amended 12-14-2017 by Ord. No. 26-2017]
(4) 
When no highway barriers are present, where a residential zone district abuts the existing roadway of State Highway Route 24 or Interstate Route 287, excluding any on-ramp, off-ramp or on/off-ramp for such roadways;
(5) 
Where a public use zone district is developed into an active recreational area in which the ball fields, play areas, or ancillary parking lots are located within 100 feet of a residential zone district; and
(6) 
Where a nonresidential development in the OB-RL, OB-DS, I, I-2, or I-P District abuts a Public Use (PU) Zone District or public park.
[Amended 12-14-2017 by Ord. No. 26-2017]
B. 
Location. Buffers shall be located in accordance with the following requirements:
(1) 
In the case of buffers between zone districts required by § 166-125A(1) and (2), the buffer area shall be located in the nonresidential zone district, or when the abutting properties are both residential, in the multifamily residential zone district. In both situations, the buffer shall be adjacent to the single-family residential zone boundary.
(2) 
In the case of buffer areas between a zone district and a public street, road, or highway, freeway or the existing roadway of State Highway Route 24 or Interstate Route 287, as required by § 166-125A(3) and (4), the buffer area shall be located within the zone district of the property being developed. The buffers shall be located adjacent to the street or highway right-of-way line; provided, however, that the Planning Board or Board of Adjustment may require the buffer to be set back from the street or highway right-of-way line if no reasonable alternative exists due to sight distance requirements, utility easements, existing or anticipated pedestrian sidewalks, walkways, and sidewalk medians, anticipated road widening or expansion, steep slopes, and similar conditions.
(3) 
In the case of a buffer area between a residential zone district and an active recreational area in a public use zone district as required by § 166-125A(5), the buffer area shall be located within the public use zone, adjacent to the residential zone boundary.
(4) 
In the case of a buffer area between a nonresidential development and a public use zone or public park as required by § 166-125A(6), the buffer area shall be located in the nonresidential zone district, adjacent to the public use zone or park boundary.
C. 
Buffer depths. Buffer depths shall be established in accordance with the following requirements:
(1) 
Minimum depth of a buffer adjacent to residential zone districts. The minimum depth of the buffer adjacent to residential zone districts required by § 166-125A(1) and (2) shall be as set forth in the following table. The buffer depth shall be measured from and perpendicular to the property line of the property located in the zone within which the buffer is required.
[Amended 11-14-2002 by Ord. No. 25-2002; 3-11-2004 by Ord. No. 3-2004; 12-14-2006 by Ord. No. 31-2006; 9-12-2013 by Ord. No. 17-13; 12-14-2017 by Ord. No. 26-2017]
Zone District
Minimum Buffer Depth
R-10A
10 feet
R-M, RM-2, RM-3
20 feet
B, B-10, B-P2
25 feet
D-S
50 feet
OB-RL, I, I-2, I-P and PU
Five feet for each acre of lot area, excluding from said lot area any state open waters, wetlands and wetland transition areas to remain after development, as approved by the New Jersey Department of Environmental Protection, provided that no buffer shall have a depth of less than 50 feet, and no buffer shall be required to have a depth that exceeds 150 feet.
(2) 
Minimum depth of a buffer between nonresidential development and public streets and roads, excluding State Highway Route 24 and Interstate Route 287. The minimum depth of the buffer between nonresidential development in the OB-RL, OB-DS, I, I-2, or I-P District and public streets as required by § 166-125A(3) shall be five feet for each acre of lot, excluding from said lot area any state open waters, wetlands and wetland transition areas, and conservation easements to remain after development, as approved by the New Jersey Department of Environmental Protection, provided that no buffer shall have a depth of less than 25 feet, and no buffer shall be required to have a depth that exceeds the depth of the minimum required front yard for principal buildings in the applicable zone district. The buffer depth shall be measured perpendicular to the front lot line of the property within which the buffer is required and shall be measured from the front lot line or between the shallowest front and rear boundaries of the buffer area.
[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
(3) 
Minimum depth of a buffer between residential development and the existing roadway of State Highway Route 24 or Interstate Route 287, where no highway barriers are present, as required by § 166-125A(4). The minimum depth of the buffer between residential development and State Highway Route 24 or Interstate Route 287 or ramp shall be 30 feet. The buffer depth shall be measured from and perpendicular to the property line of the residential zone district. The buffer shall be in addition to the yard setback requirements.
(4) 
Minimum depth of a buffer between a residential zone district and a public use zone district where an active recreational area, ball field, or play area is located. The minimum depth of a buffer between a residential zone district and a public use zone district containing an active recreational area, ball field, or play area, as required by § 166-125A(5), shall be 25 feet. The buffer depth shall be measured from and perpendicular to the property line of the public use zone district.
(5) 
Minimum depth of buffer between a nonresidential development in the OB-RL, I, I-2, or I-P District and a public use zone district or public park. The minimum depth of a buffer between a nonresidential development in the OB-RL, I, I-2, or I-P District and a public use zone district or public park, as required by § 166-125A(6), shall be 25 feet. The buffer depth shall be measured from and perpendicular to the property line of the nonresidential zone district.
[Amended 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
D. 
Preservation of existing vegetation. Within the buffer, all existing trees, shrubs, ground cover and other vegetation shall be preserved. Areas to be preserved shall be identified on the site and/or subdivision plans, and such plans shall include measures to protect existing vegetation during construction through the use of fencing and by prohibiting the use or storage of construction equipment, materials, soil or debris within the buffer area, etc. Notwithstanding the foregoing, existing vegetation within a required buffer area may be disturbed under the following circumstances. The following disturbance exceptions shall not be construed to permit within the buffer any buildings, parking or loading areas, driveways or other paved areas, walls, retaining walls, or any storage of materials or equipment, except as permitted herein.
[Amended 12-13-2012 by Ord. No. 23-12; 10-9-2014 by Ord. No. 38-14]
(1) 
Existing vegetation may be disturbed when certain trees or other vegetation pose a hazard to human life or property, or must be removed for driveways necessary to provide direct access to public streets, for utilities or other such infrastructure necessary for the development, provided that there is no reasonable alternative to locating such utilities or infrastructure within the buffer area and to such disturbance of the existing vegetation, all as determined by the Planning Board or Board of Adjustment.
(2) 
Existing vegetation may be disturbed in areas within a required buffer area that are obviously disturbed by prior human activity and/or which do not presently function as a buffer, such as but not limited to paved areas, lawn areas, etc., and when such disturbance is necessary to improve and enhance the function of the buffer area, all as determined by the Planning Board or Board of Adjustment.
(3) 
Existing vegetation may be disturbed in up to 20% of the required depth of a buffer area that presently contains vegetation that functions as a buffer, provided that such disturbance is for the construction of berms and/or the installation of landscape plantings to supplement and enhance the buffer, as determined by the Planning Board or Board of Adjustment.
(4) 
Only within the required buffer between nonresidential development and public streets and roads, excluding State Highway Route 24 and Interstate 287 in the OB-RL, OB-DS, I, I-2, or I-P District as required by § 166-125A(3), noxious or invasive vegetation may be removed, including, for example, vines that could damage or weaken other vegetation, invasive weeds or nonnative trees that could excessively compete with other vegetation for light, moisture and nutrients, poison ivy, etc. Notwithstanding the foregoing, such buffer areas, as well as all other required buffer areas, shall be maintained to function as a natural woodland and shall retain canopy trees, under-story trees, shrubs, ground covers and other low-growing natural plant material, except as permitted otherwise herein. The planting of grass and the placement of mulch, except for a natural leaf mulch, within all required buffers is also prohibited.
[Amended 12-14-2017 by Ord. No. 26-2017]
E. 
Buffers shall be designed to provide an effective visual screen of the property being developed from the adjoining residential zone and/or street or highway, as applicable, during all seasons of the year. If the existing vegetation within a required buffer area is not sufficient to provide an effective visual screen, additional supplemental plantings shall be provided sufficient to provide such screen. Such supplemental measures shall be provided in addition to existing trees and other vegetation within the buffer area, as determined by the Planning Board or Board of Adjustment. If such supplemental measures cannot be provided within the buffer area without violating the provisions of Subsection D above, then any additional plantings and/or berms necessary to provide such screen shall be located outside of the buffer area, located and designed as determined by the Planning Board or Board of Adjustment. Notwithstanding the foregoing, the following areas within a required buffer shall not be required to be screened:
(1) 
In the case of buffers between zone districts, reasonable areas for easements for utilities, storm drainage pipes or other such infrastructure necessary for the development may be waived, provided that there is no reasonable alternative to locating such utilities, pipes or infrastructure within the buffer area, or no reasonable alternatives to eliminating screen plantings and/or berms in such areas, all as determined by the Planning Board or Board of Adjustment.
(2) 
Only in the case of buffers between nonresidential development and public streets, excluding State Highway Route 24 and Interstate 287, up to 50% of the length the buffer may be waived for driveways necessary to provide direct access to public streets and/or for views into and out of the site, provided there is no reasonable alternative to such driveways and/or views, as determined by the Planning Board or Board of Adjustment. This shall not be construed to permit waiver of buffer screening for the construction of parking areas, loading areas, detention basins, grading or other development except as may be specifically permitted by this section.
[Amended 10-9-2014 by Ord. No. 38-14]
A. 
On any corner lot, no fence, structure or planting shall be erected or maintained in a manner that would interfere with appropriate sight distance at the intersection of streets. The sight triangles at intersections shall be in accordance with ASSHTO's A Policy on Geometric Design of Highways and Streets, and based upon the speed limits established for the intersecting streets. Prior to the issuance of any permit in the front yard of a corner lot, the permitting agency or official, as the case may be, shall refer the permit application to the Township Engineer for a determination of the appropriate sight triangle.
B. 
All such structures or plantings of trees and shrubs on all lots, including both corner lots and interior lots, shall be located on private property at least two feet from the street right-of-way.
The conversion of existing structures to a use permitted in the zone in which said structures fall will be regulated the same as a new structure constructed in said zone district.
Vending machines and telephone booths are permitted outside the confines of a building as a permitted structure only if all of the following requirements are complied with:
A. 
Said machines are an accessory use to an existing principal use on the property.
B. 
Said vending machines are located in the B, B-10, WC or D-S Zones. Said telephone booths are located in the B, B-10, WC, I-P, OB-RL, OB-DS or D-S Zones. Telephone booths are also permitted on lands developed for Township parks or schools within the residence zones, notwithstanding the provisions of Subsection C below.
[Amended 6-8-1995 by Ord. No. 16-95; 2-26-2009 by Ord. No. 5-09; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
C. 
Said machines shall meet the front, side and rear yard setback requirements of the zone in which they are located.
D. 
Said machines shall have not more than one sign advertising only the products or services rendered. Said sign shall not exceed a total of two square feet for the first two machines installed, plus two additional square feet of sign area for each additional machine installed over the first two machines, but in no instance more than six square feet of sign area. Said sign may be lighted or unlighted but shall not direct light toward neighboring residences and shall not be of a flashing or moving nature.
E. 
All such machines shall be located in areas physically separated from parking areas, drives or streets by curbing, railing, concrete platform or other similar means acceptable to the Planning Board, which shall provide at least five feet of separation from such parking area, drive or street.
F. 
Site plan approval by the Planning Board shall be obtained prior to the installation of any such machine. However, the procedure for site plan approval shall be modified as follows: For one or two machines occupying not more than 18 square feet, the fee for site plan approval will be waived, and, in lieu of a formal site plan, a pencil sketch clearly indicating that the above requirements have been met will be accepted for consideration by the Planning Board.
G. 
The maintenance of all machines and telephone booths or public telephones permitted outside the confines of a building shall be in accordance with applicable Township ordinances. One public telephone is permitted outside the confines of a building as a permitted structure only if all the following provisions are complied with:
[Amended 7-9-1987 by Ord. No. 22-87]
(1) 
Said telephones are located in the B, B-10, WC, D-S, I-P, OB-RL and OB-DS Zones. Telephone booths or public telephones are also permitted on lands developed for Township parks or schools within the residence zones, notwithstanding the provisions of Subsection G(3) below.
[Amended 6-8-1995 by Ord. No. 16-95; 2-26-2009 by Ord. No. 5-09; 12-13-2012 by Ord. No. 23-12; 12-14-2017 by Ord. No. 26-2017]
(2) 
Said telephone booths are not closer than 25 feet to the front street right-of-way line.
(3) 
All telephone booths shall be at least 2,500 feet, measured by the shortest distance in a straight line, from any other outdoor telephone booth; provided, however, that where there is a center street barrier, the two-thousand-five-hundred-foot distance shall be measured on the same side of the street.
(4) 
Said telephone booth shall have not more than one sign advertising the product or service on each side, each such sign to be not larger in area than two square feet.
[Amended 12-22-1993 by Ord. No. 36-93; 10-26-2000 by Ord. No. 14-2000; 12-13-2012 by Ord. No. 23-12; 9-26-2013 by Ord. No. 18-13]
There shall be no ingress or egress to any business, industrial or other similar nonresidential use as permitted in any nonresidential zone district from any local street as set forth on the Township Master Plan, unless no feasible alternative means of access is available or unless such access improves traffic flow or traffic safety, while minimizing negative impacts to area residents, as determined by the Planning Board or Board of Adjustment as part of any required development application review. No driveway access for ingress and egress shall be permitted to any nonresidential use in any of the aforementioned nonresidential zones through a residentially zoned lot or part thereof where said lot abuts a public street.
The maximum slope in any nonresidential zone adjacent to any residential zone district boundary line shall not exceed 20% unless the natural existing slope is greater. This restriction should extend for a distance of not less than 100 feet from any residential zone district boundary line. If the natural existing slope is greater than 20%, it may not be increased beyond the existing grade in any manner whatsoever.
[Amended 12-13-2001 by Ord. No. 18-2001; 12-19-2011 by Ord. No. 30-11]
A. 
Purpose and objectives. The purposes and objectives of this section are to regulate the use and development of land in order to protect existing trees, and to provide for appropriate removal and the planting of trees. More specifically, this section is intended to:
(1) 
Encourage and promote sustainable design and development;
(2) 
Provide, maintain and enhance the environmental and other benefits provided by trees, including but not limited to those benefits related to air, water and soil quality; wildlife habitat preservation and restoration; stormwater control and esthetic qualities;
(3) 
Avoid the environmental and other detriments resulting from the excessive and inappropriate removal of and damage to trees and the inadequate and improper planting of trees;
(4) 
Promote the planting of trees on sites that have formerly been cleared of trees; and
(5) 
Allow and encourage the reasonable and appropriate use and development of land.
B. 
Applicability; exceptions. This Section shall apply to all use and development of land in the Township unless superseded by other law; provided, however, that the following shall be exempt from this section:
(1) 
Use and development by the Township of Hanover and other governmental agencies which are generally exempted from municipal zoning regulations, including but not limited to the Board of Education.
(2) 
Pruning or removal of trees by utility companies related to the maintenance of utility wires, pipelines and related structures.
C. 
Applicability to prior approvals. The following provisions shall govern development applications involving tree removal that were filed or approved prior to the effective date of Ordinance No. 22-13:
[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13; 8-8-2013 by Ord. No. 22-13]
(1) 
Development activities and approvals for which the required payment in lieu of replanting has been made or for which a final certificate of occupancy has been issued prior to the effective date of Ordinance No. 22-13 shall continue to be subject to regulations in effect at the time of the approval.
(2) 
Developments which have received approvals for tree removal and/or planting prior to the effective date of Ordinance No. 22-13, but for which neither a payment in lieu of replanting has been made nor a final certificate of occupancy has been issued, shall have the option to comply with the terms of the prior approval or to comply with the regulations of this section, subject to the following:
(a) 
The developer shall be required to comply completely with the requirements of either the prior approval or of this section.
(b) 
If the developer chooses to comply with this section, and such option results in different tree removals or plantings than under the prior approval, the developer shall be required to obtain amended approval.
(c) 
If the developer chooses to comply with this section, the developer shall not be entitled to a refund of application fees or other payments made under any prior approvals or to a waiver of any fees or other payments required for any amended approvals.
D. 
Prohibited activities. The following activities shall be prohibited:
[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13]
(1) 
Removal of or damage to trees within any riparian zone or area of steep slopes, as defined by this chapter, except for: 1) tree removal necessary to protect the public health, safety or welfare, such as but not limited to necessary linear development for access or utilities when no feasible alternative exists to such disturbance; 2) tree removal that provides an environmental benefit, such as but not limited to remediation of a contaminated site; and 3) the removal of dead, dying, diseased or hazardous trees, after prior approval as required by § 166-131E.
(2) 
Removal of or damage to trees within any freshwater wetland or freshwater wetland transition area, except as permitted by the N.J. Department of Environmental Protection rules governing freshwater wetlands.
E. 
Approval required for tree removal. Prior approval shall be required for the following tree removal activities in accordance with the procedures set forth in Subsection F below:
[Amended 8-23-2012 by Ord. No. 19-12]
(1) 
Removal of trees, living or dead, with a DBH of at least six inches.
[Amended 2-14-2013 by Ord. No. 3-13]
(2) 
Removal of trees of any size within buffer areas required by § 166-125.
(3) 
Removal of trees of any size shown to be preserved or planted as part of a currently valid site plan, subdivision or variance application.
(4) 
Removal of trees of any size shown to be preserved or planted as part of a currently valid tree removal permit.
(5) 
Removal of trees of any size if such removal would violate Subsection G below or any other provision of this chapter.
F. 
Tree removal application, review and appeal procedures. The following procedures shall apply to development applications seeking approval to remove regulated trees:
(1) 
Developments that require site plan, subdivision, variance or related approvals from the Planning Board or Board of Adjustment. Applicants proposing tree removal for developments that require site plan, subdivision, variance or other approvals from the Planning Board or Board of Adjustment as required by this chapter, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or other applicable law shall be required to obtain the prior approval of the board having jurisdiction over the application. The review and decision on the requested tree removal shall be processed as part of the overall development application. All of the laws, rules and regulations applicable to such development applications shall also apply to the tree removal application.
(2) 
Other developments. Applicants proposing to remove regulated trees in circumstances that do not require Planning Board or Board of Adjustment approval shall be required to obtain a tree removal permit in accordance with § 166-110.1.
[Amended 8-23-2012 by Ord. No. 19-12]
G. 
Tree preservation, removal and planting requirements. This subsection sets forth requirements for tree preservation, tree removal and tree planting. When existing trees are removed, replacement trees are required to be planted in accordance with Subsection G(1) below. The planting of trees is also required when properties are developed or redeveloped, when such properties have fewer trees than required, even when no tree removal is proposed, in accordance with Subsection G(2) below. Subsection G(3), (4), (5) and (6) below contains supplemental provisions.
[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13; 8-8-2013 by Ord. No. 22-13; 12-14-2017 by Ord. No. 26-2017]
(1) 
Tree removal and replacement. For each living regulated tree, or for each trunk of a multiple trunk regulated tree, having a DBH of at least six inches, the following number of replacement trees shall be required to be planted on site and/or planted in another location within the Township in accordance with § 166-131G(6), and/or a payment in lieu made in accordance with § 166-131G(5):
(a) 
Invasive trees. Removal of the following invasive species may be permitted, without any replacement requirement, in circumstances where such trees are determined by the Township Arborist to present a threat to more desirable tree species in the vicinity or to otherwise pose a threat to the public health, safety and welfare, but only if such removal would not violate the provisions of Subsection G(2) below and if such removal is not otherwise prohibited by this chapter or by any current development approval in effect. Any such removal shall be required to obtain a tree removal permit in accordance with § 166-131F.
Black Locust - Robinia pseudoacacia
Mazzard/Sweet Cherry - Prunus avium
Norway Maple - Acer platanoides
Tree of Heaven - Ailanthus altissima
Autumn Olive - Eleagnus umbellata
(b) 
One tree of any species may be removed on each lot during any calendar year without any replacement requirement, but only if such removal would not violate the provisions of Subsection G(2) below and if such removal is not otherwise prohibited by this chapter or by any current development approval in effect. Any such removal shall be required to obtain a tree removal permit in accordance with § 166-131F.
(c) 
Replacements for first 10 tree removals. Excluding the removals permitted by Subsection G(1)(a) and (b) above, one replacement tree shall be required for each of the first 10 trees removed on any lot, regardless of the tree DBH, subject to the limitation in Subsection G(1)(e) below. This replacement ratio shall only apply to the first 10 trees removed from the property, not to each tree removal event. After 10 trees have been removed from the property, the replacement ratios in Subsection G(1)(d) below shall apply.
(d) 
Excluding the tree removals regulated by Subsection G(1)(a), (b) and (c) above, the following number of replacement trees shall be required to be planted on the property for each tree removed, subject to the limitation in Subsection G(1)(e) below:
DBH of Removed Trees
(inches)
Required Number of Replacement Trees
6 to 11.99
1
12 to 23.99
3
24 to 35.99
5
36 or greater
7
(e) 
Notwithstanding the replacement requirements in Subsection G(1)(c) and (d) above, in no case shall the total number of replacement trees be required to exceed 40 trees for each acre of the property.
(f) 
Any trees planted to address the obligation in § 166-131G(2) shall be credited against this obligation.
(2) 
Minimum tree preservation, replacement and planting ratios.
(a) 
There shall be maintained on every lot a minimum number of trees in accordance with the following table. Such trees shall include all trees within the planting area of the lot which are to be preserved, replaced and planted.
Land Use Category
Minimum Tree Preservation/Planting Ratio
Single-family detached or two-family residential
1 tree per 3,000 square feet planting area on the lot
Other
1 tree per 750 square feet planting area on the lot
(b) 
In administering this requirement, the following shall apply:
[1] 
For purposes of administering this requirement, "planting area" shall mean the area within which trees may reasonably be preserved and/or planted after completion of the development. The term "planting area" shall specifically exclude the following:
[a] 
Areas covered by buildings.
[b] 
The area of contaminated soils or groundwater where tree planting is prohibited.
[c] 
Areas covered by pavement, and curbing.
[d] 
Stormwater detention basins, retention basins or subsurface stormwater retention or recharge structures.
[e] 
Areas needed to provide exposure to the sun for photovoltaic panels used to produce electricity, where trees would unreasonably interfere with such exposure as determined by the board having jurisdiction or the Township Engineer, as applicable.
[f] 
Areas designed and used for athletic fields and any team or spectator seating areas for such fields.
[g] 
Easements restricted for access, utilities, drainage and roadway sight distance. In cases where such easements are general in location and/or not limited to only those areas actually needed for such functions, the areal extent of the exclusion shall be determined by the Township Engineer.
[h] 
Areas within the limits of disturbance which have been disturbed solely for the purpose of removing existing structures and which are not proposed to be redeveloped as part of a proposed development application. This exclusion shall expire for such areas, or portions of such areas, at such time that they are proposed for development in a development application, provided the application is approved and the development actually occurs.
[i] 
Areas within the limits of disturbance identified on the currently approved plans as part of a future phase of development, and which are not proposed to be developed until such future phase is developed. This exclusion shall expire for such areas, or portions of such areas, at such time that they are proposed for development in a development application, provided the application is approved and the development actually occurs.
[2] 
Replacement trees planted or for which a payment has been made in accordance with § 166-131G(1) shall be credited against this obligation.
[3] 
In cases where development is proposed on an existing property that contains fewer trees than required by this Subsection G(2), the required number of trees to be planted for the proposed development shall be calculated using the planting area of the development, not the planting area of the entire lot. For purposes of administering this provision, the "area of the development" shall mean the area within the limits of disturbance, plus the area within the drip line of trees to be removed located outside the limits of disturbance.
(3) 
In determining the number of trees required to be preserved and planted in accordance with Subsection G(1) and (2) above, fractions of trees below 0.5 shall be rounded down, and fractions of 0.5 or greater shall be rounded up.
(4) 
Credits for sustainable development. In order to encourage development of sustainable buildings, credit against tree replacement and planting obligations in § 166-131G(1) and (2) above shall be given for buildings that achieve various LEED ratings, as follows:
LEED Rating
Tree Planting Credit
Certified
15% of requirement
Silver
25% of requirement
Gold
35% of requirement
Platinum
50% of requirement
(a) 
The requirement against which credit is calculated shall be only that tree planting requirement related to the construction of a LEED-rated building or buildings. Thus, in a development with one LEED-rated building and one non-LEED-rated building, the credit will be calculated as the LEED-rated building's portion of the total site gross floor area multiplied by the tree planting credit.
(b) 
Applicants seeking to obtain tree planting credits for LEED-certified buildings shall be required to deposit a cash amount with the Township equal to the cost of any trees for which credit is sought, at a cost of $400 per tree. The cash amount shall be deposited prior to the issuance of building permits. Thereafter, if the projected LEED certification is achieved, the Township shall refund all or a portion of the deposit, depending upon the level of LEED certification actually achieved. No refund of such deposit shall be made for LEED certifications obtained more than two years after issuance of any certificate of occupancy for the building.
(5) 
Payments in lieu of required tree planting. If the developer demonstrates to the reviewing authority that the subject property is not reasonably able to preserve and/or plant the number of trees required by this section, then the developer shall be required to make a payment in lieu of planting the number of trees to address the deficiency and/or to plant trees in off-site locations in accordance with Subsection G(6) below. The following shall apply to such payments:
(a) 
The amount of such payment shall be $400 per tree.
(b) 
If the developer demonstrates that the number of trees to be replaced by § 166-131G(1) and the number of trees to be preserved and planted within the limits of disturbance by § 166-131G(2) are together at least 75% of the minimum required, then no payment in lieu of planting trees shall be required in excess of 5% of the total cost of site improvements for the development, excluding building costs, soft costs and land acquisition costs.
(6) 
Planting of replacement trees in off-site locations. If the developer demonstrates to the reviewing authority that the subject property is not reasonably able to preserve and/or plant the number of trees required by this section, then the developer may be permitted to plant replacement trees in other locations within the Township, subject to the following:
(a) 
In the event that the development is not part of an application that requires site plan, subdivision or variance approval from the Planning Board or Board of Adjustment, the reviewing official or agency shall refer the off-site tree replacement plan to the Planning Board for review and comment prior to the issuance of any tree removal permit.
(b) 
The developer shall demonstrate that location proposed for the planting of such trees is suitable for the future growth of such trees, taking into account such factors as the amount of available sunlight, soil conditions, moisture conditions, legal requirements, potential conflicts with existing or planned uses, structures or trees in the same or nearby locations, etc.
(c) 
The developer shall demonstrate that such trees will be preserved and maintained, or if removed in the future, that such trees will be replaced in equal amounts.
H. 
Design guidelines and construction specifications.
(1) 
Tree preservation and removal. The following requirements shall apply to tree preservation and removal activities:
(a) 
When determined necessary by the Township Engineer, the tree protection zones (TPZ) shown on the replacement plan shall be fully established prior to the permitted removal of trees and shall be defined by snow fencing or other appropriate barrier firmly secured along the dripline but not less than 10 feet from the trunk of trees to be preserved; provided, however, that the Township Engineer may modify the TPZ from these limits when warranted by site conditions.
(b) 
The grade of the land located within the dripline limits shall not be raised or lowered more than six inches unless compensated by welling, retaining wall or other methods approved by the Township Engineer; provided that no welling or retaining wall methods shall be permitted within the TPZ except when warranted by site conditions and approved by the Township Engineer.
(c) 
No soil stockpiling, storage of building materials or equipment operation shall be permitted within the dripline or within 10 feet, whichever is greater, of any trees to remain; provided, however, that the Township Engineer may modify the TPZ from these limits when warranted by site conditions.
(d) 
Any clearing within the drip line or within 10 feet of a remaining tree, whichever is greater, must be done by hand or with hand-operated equipment unless specifically approved by the Township Engineer.
[Amended 8-23-2012 by Ord. No. 19-12]
(e) 
The topping, pollarding or other severe pruning of trees to remain shall be prohibited. When site development results in accidental removal or severe damage which will eventually result in the death or significant deterioration in the health of any tree shown on the replacement/planting plan to remain, the replacement requirements of § 166-131G(1) shall apply in the same manner as if the tree were originally proposed and approved for removal.
[Amended 8-23-2012 by Ord. No. 19-12; 2-14-2013 by Ord. No. 3-13]
(f) 
All stumps, trunks, branches and similar tree parts shall be appropriately removed and disposed in accordance with the law. Such tree parts shall not be burned or buried within the Township.
(2) 
Tree planting. The following requirements shall apply to the planting of trees required pursuant to this section:
(a) 
At least 1/3 of all trees required to be planted by this section, but not less than one tree, shall be required to be of species native to northern or central New Jersey and suitable for their intended purpose(s). A list of approved native trees is available from the Township Engineering Department.
(b) 
Trees required to be planted by this section shall have a minimum trunk caliper of 2 1/2 inches to three inches for deciduous trees and a minimum height of seven feet for evergreen trees; provided, however, that smaller trees may be permitted by the Township Engineer or the board having jurisdiction, as applicable, on a case-by-case basis where it is demonstrated that preferred native plant species for the situation are not reasonably available at the required size in the nursery trade.
(c) 
At least 2/3 of the number of trees planted shall be deciduous.
(d) 
Trees required to be planted shall be hardy for the area, well-adapted to the soil PH, soil moisture, solar and wind exposure, and other environmental factors present at the planting location, and shall not be highly susceptible to damage from insects, disease or deer browsing.
(e) 
Trees required to be planted shall be properly planted and maintained to ensure their survival for at least two years after issuance of any certificate of occupancy or, in cases where no certificate of occupancy is required, by other final approval of the site improvements. Any such trees that do not survive or which exhibit poor growth or plant stress shall be required to be replaced.
(f) 
Trees to be planted shall not be planted within the drip line of existing trees to remain.
[Added 8-8-2013 by Ord. No. 22-13]
I. 
Tree Fund Account; purpose and use.
(1) 
In accordance with the dedication by rider approval granted by the New Jersey Department of Community Affairs, Division of Local Government Services, on June 17, 1999, the Tree Fund Account shall serve as the depository for all moneys which are received by the Township, either by way of contributions for the purpose of preserving or reforesting trees within the Township and any and all fees and payments received pursuant to Ordinance No. 30-11.
(2) 
Funds deposited in the Tree Fund Account shall be used by the Township for the following functions and purposes: to advance environmental programs such as tree planting, tree maintenance, tree preservation, park development or landscaping and other comparable projects, including but not limited to providing for the caring, pruning and maintenance of trees, the replanting of trees, the reforestation of Township-owned parks and open space property, the replacement of shade trees, the beautification of municipally owned lands with trees and the purchase of lands which are already forested. Therefore, the moneys received and deposited into the Tree Fund Account as set forth in Subsection I(1) above can and shall be utilized for the purposes set forth in this Subsection I(2) at the discretion and the determination of the Township Committee and/or upon the recommendation of the Business Administrator/ Township Clerk.
J. 
Enforcement. For the purpose of enforcing the provisions of this section, the Township Engineer shall be considered the designee of the Zoning Officer and shall have the same responsibilities and powers as the Zoning Officer set forth in §§ 166-218 and 166-219.
[Amended 7-9-1987 by Ord. No. 22-87; 12-22-1993 by Ord. No. 36-93]
Mailboxes shall not be more than 23.5 inches long overall and 13.5 inches in height overall, and no sign, decoration or frame shall project beyond these limits. The sign or identification marked on the side of the box shall not exceed 18 inches long and two inches in height. All dimensions contained herein are exclusive of the post or rail on which the mailbox is mounted, but no signs or decorations may be located on said post, and it shall not exceed six inches in any dimension except height. The height of all mailboxes served from the street shall be as required by the United States Postal Service. All mailboxes for multifamily housing developments shall be approved by the Planning Board as part of site plan approval.
[Amended 12-13-2012 by Ord. No. 24-12]
Unless specifically provided otherwise by this chapter, service equipment roof structures for nonresidential buildings, such as air-conditioning equipment, elevator bulkheads and the like, shall be so situated that they shall not be visible from a point six feet above the ground level in any abutting residential zone or at the center line of any abutting street. Any screening of said structures shall be designed in a manner compatible with the architectural design of the front facade of the building, as determined by the reviewing agency.
A. 
No trailer, motor home, camper or camp car shall be used for residential purposes in the Township of Hanover.
B. 
Notwithstanding Subsection A above, however, any person or persons may make application to the Zoning Officer of the Township of Hanover for a temporary permit to use as a dwelling or sleeping place a trailer, motor home, camp car or camper upon a showing by the applicant that his or her home has been partially destroyed by fire, flood or other casualty and is unfit for occupancy. If the Zoning Officer is satisfied that there is a necessity for the use of a trailer, motor home, camper or camp car as a dwelling or sleeping place during the period of time that the dwelling is, in fact, undergoing repairs or replacement, then, and in that case, the Zoning Officer may issue a permit for such use for a period of 90 days under such terms and conditions as he may see fit, including but not limited to the location of such unit on the premises or provisions for proper sanitary facilities: water, light, heat, safety and other considerations. If, after the period of 90 days, the dwelling unit has not been completely repaired or replaced and there is still a demonstrable and pressing need for the use of a unit for temporary housing, the applicant may appeal to the governing body for an additional temporary permit for such time as the Township Committee may approve, but not to exceed 90 days. At the expiration of the initial ninety-day period or the renewal period granted, the applicant shall immediately discontinue the use of that unit for temporary housing and shall remove the same from the premises in question or otherwise park or store the unit in accordance with the terms of § 166-124 of this chapter.
Notwithstanding any other provisions of this chapter, no building or land shall be used and no structure shall be erected, constructed, reconstructed, altered or repaired within the Township of Hanover for the purpose of processing, manufacturing, producing or storing hazardous, toxic or corrosive substances, as defined in regulations promulgated by the United States Environmental Protection Agency or the New Jersey Department of Environmental Protection. This provision shall not apply to the incidental use and limited storage of such substances in connection with uses permitted by this chapter.[1]
[1]
Editor's Note: See also Ch. 162, Hazardous Substances, of the Code of the Township of Hanover.
[Amended 7-9-2015 by Ord. No. 18-15]
Notwithstanding any other provisions of this chapter, a patio or deck is permitted to encroach into the required front and rear yard setback in any residential zone, provided that each of the following requirements is complied with for said patio or deck:
A. 
It must abut the principal dwelling structure.
B. 
It shall not have a roof.
C. 
It shall not be closer to the side property line than the distance required for the side yard setback of the principal dwelling structure.
D. 
If located in the minimum required front yard, it shall not be closer to the street right-of-way than the principal building to which it is attached. If located in the rear yard, it shall not be closer to the rear property line than 25 feet.
E. 
Any vertical wall around the perimeter of said patio or deck shall not be more than 10% solid.
F. 
The floor of the deck shall not be higher than the highest floor elevation level of the principal dwelling structure.
[Added 10-11-2018 by Ord. No. 23-2018]
Outdoor recreational facilities accessory to single-family dwellings on the same lot shall be permitted and shall be subject to the following requirements. For purposes of this section, "outdoor recreational facilities" shall be defined as including, but not limited to, swimming pools, game or sport courts, and similar facilities, but shall exclude children's play equipment that occupies less than 200 square feet of lot area, treehouses and any facility or activity prohibited by Chapter 129 of the Township Code.
A. 
Permitted yards.
(1) 
Outdoor recreational facilities shall be permitted in the side and rear yard, except as provided otherwise below.
(2) 
Basketball hoops and backboards shall be permitted within the front yard when located in or immediately adjacent to the driveway for the dwelling on the property, as regulated herein.
B. 
Minimum setbacks from lot lines. Outdoor recreational facilities shall be located in accordance with the following requirements, provided that the setbacks shall be measured to the closest paved or other artificial surface designed to be used as part of the facility:
(1) 
Outdoor recreational facilities shall be located at least 25 feet from any side or rear lot line, except as provided otherwise below.
(2) 
When the established front yard depth is less than the minimum required by the zone regulations as a result of a variance or as a legally nonconforming condition, the outdoor recreational facilities shall be located a distance from the front lot line not less than the minimum front yard requirement of the zone district in which the lot is located.
(3) 
Basketball backboards located within or adjacent to a driveway shall be set back at least 10 feet from any rear and side property lines and at least 20 feet from the front lot line.
C. 
Maximum coverage of yard areas. Outdoor recreational facilities shall not exceed 1/3 (33.3%) of either the rear or side yard within which they are located. Such coverage shall include the water surface and any decking or similar surface adjacent to a swimming pool, as well as any pavement, decking or other artificial surface used as part of a game or sport court, and the limits of any surface area covered by play structures or equipment.
D. 
Illumination.
(1) 
The illumination of outdoor recreational facilities by light fixtures is prohibited, except for swimming pools as regulated below.
(2) 
When permitted, light fixtures shall be so located that the direct source of light is not visible from adjacent properties or streets.
(3) 
When permitted, light fixtures shall be turned off between the hours of 10:00 p.m. and 7:00 a.m.
E. 
Fencing.
(1) 
Swimming pools shall be required to comply with all applicable requirements and construction codes related to enclosures.
(2) 
Game courts that involve airborne balls or other projectiles, including but not limited to tennis courts, basketball courts, etc., shall be located and designed in a manner that prevents such projectiles from traveling onto adjoining properties or public streets, as determined by the Zoning Officer. Any fencing for outdoor recreational facilities shall comply with the fencing requirements of this chapter.
Notwithstanding any other provisions of this chapter, nothing contained herein shall be construed to permit the landing and taking off of helicopters in any zone district within the Township of Hanover except in the A Airport Zone District. Heliport/helistop sites are permitted within the A Zone as regulated by the Federal Aviation Agency and the applicable agencies of the State of New Jersey.
[Added 5-12-1988 by Ord. No. 7-88]
Pursuant to the Air Safety and Hazardous Zoning Act of 1983 (N.J.S.A. 6:1-81 et seq.), the Township Committee hereby adopts by reference the standards for land use within airport hazard areas promulgated by the Commissioner of the Department of Transportation, being Chapter 62, Air Safety and Hazardous Zoning (N.J.A.C. 16:62-1.1 et seq.). A copy of said standards is attached hereto and are made a part hereof without the inclusion of the text thereof herein.[1]
[1]
Editor's Note: A copy of the standards is on file in the office of the Township Clerk.
[Amended 2-26-2009 by Ord. No. 5-09]
Every multifamily building hereinafter constructed within the Township of Hanover shall meet the following regulations:
A. 
The architecture employed shall be aesthetically in keeping with the surrounding areas and shall be subject to approval by the Planning Board. All buildings shall be constructed in accordance with the Building Code and shall comply with the following requirements:
(1) 
The exterior walls in each group of dwelling units shall be faced with brick, quarried stone, stucco, wood or other materials suitable in terms of quality, durability and appearance. Asbestos shingle and cinder or concrete block as exterior finishes are prohibited. The applicant shall submit to the Planning Board for review and approval, in addition to any and all other documents required by any other ordinance concerning site plan review, floor plans, elevation drawings, color rendering and detailed finish schedules.
(2) 
The exterior of any accessory structures shall harmonize architecturally with and be constructed of materials of a like character as those used in principal structures.
B. 
The developer of any multifamily residential units constructed within the Township of Hanover shall make provision for the establishment and operation of an open space organization, which shall own and maintain all common open space for the benefit of owners or residents of the development. Said organization shall be bound by and comply with all required conditions of administration and procedures as set forth in § 166-103F of this chapter.
[Added 7-9-1987 by Ord. No. 22-87]
A. 
For the purpose of regulating a satellite earth station, commonly referred to as a "dish antenna," said dish antenna shall be defined as a dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communications satellites.
B. 
A dish antenna, including any structural supports, is permitted in all zones after the following requirements are met:
(1) 
A dish antenna is only permitted as an accessory use on a lot that contains a principal structure.
(2) 
A dish antenna is only permitted in the rear yard as a freestanding structure in all residential zones mounted on and attached to the ground by a concrete pad. In the nonresidential zones, a dish antenna is permitted on the roof of a permitted nonresidential building, provided that the top of the antenna falls within the maximum height limits of the zone in which it is located.
(3) 
No lot may contain more than one dish antenna as herein regulated.
(4) 
Every dish antenna attached to the ground shall be effectively screened by a special planting screen or fence which shall be maintained in good condition, so that said antenna shall not be visible from any adjacent property or public street.
(5) 
A dish antenna shall not be closer to the rear property line than the height of said antenna nor closer to any side property line than the height of said antenna or the side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(6) 
Any permitted dish antenna attached to the ground shall not have a surface receiving area greater than 50 square feet. Any permitted dish antenna on the roof of any building shall not have a surface receiving area greater than 100 square feet.
(7) 
Power control and signal cables to or from any antenna attached to the ground shall be by underground conduit.
(8) 
No dish antenna shall exceed a height of 15 feet.
C. 
Exemption of certain antennas. Pursuant to the 1996 ruling of the Federal Communications Commission, those antennas meeting the definition of numbers 4, 5 and 6 in the definition of "exempt antenna" in Article II are exempt from the provisions of this chapter. Furthermore, pursuant to the same rule, the provisions of this chapter shall not apply to those antennas meeting the definition of numbers 1, 2 and 3 in the definition of "exempt antenna" in Article II, if such provisions impair the installation, maintenance or use of such antennas. The determination regarding such impairment shall be made by the Zoning Officer and may be appealed to the Board of Adjustment in accordance with the procedures set forth in § 166-21.
[Added 12-11-1997 by Ord. No. 34-97]
[Added 9-22-1988 by Ord. No. 27-88; amended 9-28-1989 by Ord. No. 30-89; 10-9-2014 by Ord. No. 38-14]
The following regulations apply to fences, freestanding walls and retaining walls, unless specifically provided otherwise by this chapter. In case of conflict between this section and the Uniform Construction Code of the State of New Jersey, the more restrictive requirement shall apply.
A. 
Location.
(1) 
Fences and retaining walls shall be permitted in front, side and rear yards.
(2) 
Unless required to be located in the front yard by this chapter for buffers or screening purposes, freestanding walls shall be permitted only in the side and rear yards, except that sitting walls and walls that are designed as a planter, either of which do not exceed a height of 24 inches, shall be permitted in the front yard. The foregoing requirements shall apply in all front yards on all lots, whether the lots are interior lots, corner lots or through lots, and the fact that a lot is a corner lot or through lot shall not, per se, be accepted by the Planning Board or Board of Adjustment as an exceptional condition or particular case supporting relief from the foregoing requirements.
[Amended 5-10-2018 by Ord. No. 9-2018]
(3) 
Setbacks. The required setbacks for fences and walls shall be as follows:
(a) 
No setback from any property line shall be required for fences and freestanding walls, unless a setback is provided by other provisions of this chapter or if required as a condition of approval in particular circumstances, such as in certain cases where fences or walls are permitted to exceed a height of six feet.
(b) 
The exposed face of retaining walls shall be set back from any property line a horizontal distance not less than one foot for each foot of height of the retaining wall. The height of the wall used for determining the required setback shall be measured from the top of the retaining wall to the finished ground level at the base of the wall at the point of setback measurement.
(c) 
When a fence or other barrier is located at the top of a retaining wall, the height of the fence or barrier shall be included in the height of the wall, unless such fence or other barrier is set back from the face of the wall a distance not less than the height of the fence barrier, with the fence/barrier height measured from the top of the retaining wall.
(d) 
In the case of tiered retaining walls, the exposed face of any wall shall be separated from the exposed face of other walls by a horizontal distance not less than one foot for each foot of height of the upper. The required setback shall be based upon the vertical difference between the top of the wall above and the top of the wall directly below. In the case of walls of varying height, the setback at any point shall be based upon the height of the wall at the same point. The provisions of Subsection A(3)(c) above shall also apply to the requirements of this Subsection.
B. 
Height. The maximum permitted height of fences, freestanding walls and retaining walls shall be as follows:
(1) 
Height of fences and freestanding walls.
(a) 
Front yard.
[Amended 7-9-2015 by Ord. No. 18-15; 5-10-2018 by Ord. No. 9-2018]
[1] 
The height of fences and freestanding walls accessory to single-family detached dwellings, two-family dwellings, community shelters and residences shall not exceed 3.5 feet (42 inches) when located in the front yard. Any fence or freestanding wall so located shall be designed to provide openings in at least 50% of the fence or wall. The foregoing requirements shall apply in all front yards on all lots, whether the lots are interior lots, corner lots or through lots, and the fact that a lot is a corner lot or through lot shall not, per se, be accepted by the Planning Board or Board of Adjustment as an exceptional condition or particular case supporting relief from the foregoing requirements.
[2] 
The height of fences and freestanding walls accessory to single-family attached dwellings, multifamily dwellings and nonresidential uses shall not exceed six feet when located in the front yard. Any fence or freestanding wall so located shall be designed to provide openings in at least 80% of the fence or wall. The foregoing requirements shall apply in all front yards on all lots, whether the lots are interior lots, corner lots or through lots, and the fact that a lot is a corner lot or through lot shall not, per se, be accepted by the Planning Board or Board of Adjustment as an exceptional condition or particular case supporting relief from the foregoing requirements.
(b) 
Side and rear yards.
[1] 
The height of fences and freestanding walls accessory to single-family detached dwellings, two-family dwellings, community shelters and residences shall not exceed six feet when located in the side or rear yard.
[2] 
The height of fences and freestanding walls accessory to single-family attached dwellings, multifamily dwellings and nonresidential uses shall not exceed six feet when located in the side or rear yard; provided, however, that the reviewing agency may permit or require a fence or wall with a height up to eight feet without the need for a variance when such height is needed to provide adequate screening and will not result in a substantial negative visual impact to adjacent properties or the general public.
(2) 
Height of retaining walls. The height of retaining walls shall not exceed four feet, measured from the finished ground level at the base of the wall. In the case of multiple retaining walls, the following shall apply:
(a) 
The height of any individual wall shall not exceed four feet.
(b) 
In the case of tiered retaining walls, the height of any tier of the wall shall not exceed four feet, and further provided that the total height of all tiers combined shall not exceed 12 feet within a horizontal distance of 20 feet from the lowest wall. Such twelve-foot height shall be measured from the base of the lowest wall to the top of the highest wall directly above the point of measurement.
(c) 
When fences, guard rails or other barriers are located at the top of retaining walls, the height of the wall shall be measured in accordance with Subsection A(3)(c) above.
C. 
Swimming pool enclosures. Enclosures for swimming pools shall be required to comply with the requirements of the Uniform Construction Code or this chapter, whichever is more restrictive. Such enclosures shall be prohibited in the front yard or the minimum required front yard, whichever is more restrictive. The foregoing requirements shall apply in all front yards on all lots, whether the lots are interior lots, corner lots or through lots, and the fact that a lot is a corner lot or through lot shall not, per se, be accepted by the Planning Board or Board of Adjustment as an exceptional condition or particular case supporting relief from the foregoing requirements.
[Amended 5-10-2018 by Ord. No. 9-2018]
D. 
Recreational facility enclosures. Recreational facility enclosures, such as enclosures of tennis courts or similar courts, shall be subject to the following requirements, in addition to the other requirements of this section. In case of conflict between this subsection and the remainder of this section, this subsection shall supersede and control for such enclosures.
(1) 
The height of such enclosures shall be the minimum necessary to provide reasonable containment of projectiles used in play, but in no case shall the height of such enclosures exceed 12 feet.
(2) 
Any such enclosure greater than six feet high shall be set back from any side or rear lot line a distance not less than the height of the enclosure.
(3) 
Such enclosures shall be prohibited in the front yard. This requirement shall apply in all front yards on all lots, whether the lots are interior lots, corner lots or through lots, and the fact that a lot is a corner lot or through lot shall not, per se, be accepted by the Planning Board or Board of Adjustment as an exceptional condition or particular case supporting relief from the foregoing requirements.
[Amended 7-9-2015 by Ord. No. 18-15; 5-10-2018 by Ord. No. 9-2018]
E. 
Temporary fences.
(1) 
Temporary fences designed and used to restrict access and to implement other controls during construction, demolition, site remediation and other such temporary activities associated with a development application shall not be subject to the provisions of this section, but shall be subject to the requirements set forth in the resolution of approval and/or developer's agreement, as applicable.
(2) 
Temporary fences designed and used to restrict access to the subject property during temporary activities not associated with a development application shall not be subject to the provisions of this section, but shall be required to obtain a zoning permit from the Zoning Officer. Prior to issuance of such permit, the Zoning Officer shall determine the following:
(a) 
A reasonable need exists for such fence in order to prevent unwarranted access to the subject property during the period of the temporary activity.
(b) 
The height of such fence shall not exceed six feet.
(c) 
Such fence shall be located and designed to not obstruct sight distance at intersections of streets or at other points where sight distance is needed for safety.
(d) 
Such fence shall provide for access to the enclosed area by emergency personnel, such as but not limited to police, fire and first aid personnel.
(e) 
The time period during which the fence is in place shall not exceed two years. An extension of such period may be requested and may be granted upon due cause shown.
F. 
Design requirements.
(1) 
Safety barriers. The reviewing agency or official may, in appropriate instances, require a guard rail or other restraining device at the top of retaining walls if deemed necessary or advisable to protect persons, vehicles or equipment from falling off the wall. Such safety barriers shall be subject to the provisions of Subsections A(3)(c) and B(2)(c) above.
(2) 
Materials and construction. The following standards shall apply to the materials and construction of fences and walls.
(a) 
In the event that both sides of a fence or freestanding wall are not identical, the finished or preferred side shall be required to face the street and/or abutting properties, as applicable. For purposes of administering this provision, the finished or preferred side shall be that side which best conceals the fence posts, rails and other supporting parts, and/or which is painted, stained or otherwise treated when only one such side is so treated.
(b) 
Walls shall not be faced with unfinished, painted or stained poured concrete, concrete block or cinder block, unless the same is textured to simulate natural stone or is split-face block.
(c) 
Fences, freestanding walls or retaining walls that may present a danger or hazard to the public welfare, including but not limited to fences or walls, which are electrified, contain broken glass, razor wire or barbed wire, or other sharp edges, are prohibited.
[Added 5-13-1993 by Ord. No. 12-93; amended 12-22-1993 by Ord. No. 36-93]
Notwithstanding any other provisions of this chapter, family day-care homes as an accessory use and child-care centers are permitted in the locations indicated below and shall be subject to the following regulations:
A. 
Family day-care homes. Family day-care homes are permitted as an accessory use in all residential districts. Family day-care homes shall comply with the following regulations:
(1) 
Any dwelling used for a family day-care home shall have the appearance of a dwelling from the exterior. The exterior of the dwelling shall not be altered to create the impression of business activity.
(2) 
The family day-care provider, as defined in the Family Day Care Provider Registration Act (N.J.S.A. 30:5B-16 et seq.), shall be a resident of the dwelling within which child-care services are provided.
(3) 
Family day-care homes shall not be required to provide any additional off-street parking beyond that required for the dwelling within which they are located.
B. 
Child-care centers. Child-care centers are permitted as a principal or accessory use in all nonresidential districts. Child-care centers shall comply with the following regulations:
(1) 
No child-care center shall be permitted in the same building or site as a use which, in the opinion of the Planning Board, or the Site Plan Exemption Committee in the case of an application for site plan exemption, would be detrimental to the operation of a child-care center. In the case of an existing child-care center, no new use, or change of use, shall be permitted in the same building or site as a child-care center if, in the opinion of the Planning Board, or the Site Plan Exemption Committee in the case of an application for site plan exemption, the use would be detrimental to the operation of a child-care center.
[Amended 8-12-2010 by Ord. No. 23-2010]
(2) 
The floor area occupied in any building or structure as a child-care center shall be excluded for calculating the parking requirements of this section; however, child-care centers shall be required to provide one off-street parking space for every employee, based upon the maximum number of employees present at any one time, plus one space for every 10 children or fraction thereof of the total licensed capacity. In the case of child-care centers which are accessory to a permitted principal use and located within the same building as the principal use and which provide care exclusively for the children of employees of the principal use, parking need only be provided at the ratio of one off-street parking space for each employee of the child-care center. In addition to the above parking requirements, a landscaped area shall be reserved which can be converted to off-street parking if the conditions for allowing the above parking standard for child-care centers ever change. The parking constructed for the child-care center and the landscaped reserved parking shall together provide for no less parking than is required in the zone as set forth in § 166-154 or 166-155, as applicable.
[Amended 9-8-2011 by Ord. No. 25-11]
(3) 
In addition to the above requirements, child-care centers shall be required to provide an area designated as a dropoff/pickup area for children. The dropoff/pickup area shall be located such that children do not have to cross the parking lot, driveway or other traffic area in order to travel between the building and their vehicle.
[Added 8-10-1995 by Ord. No. 23-95; amended 12-3-2001 by Ord. No. 18-01; 2-22-2007 by Ord. No. 5-07; 12-13-2012 by Ord. No. 23-12; 7-9-2015 by Ord. No. 17-15; 7-14-2016 by Ord. No. 20-16]
Notwithstanding any other provisions of this chapter, municipal buildings used for public purposes are permitted principal uses in any of the zone districts, except as may be otherwise prohibited by the Air Safety and Hazardous Zoning Act, Chapter 260 of the Laws of 1983.[1]The Planning Board review of municipal buildings shall be guided, on an informal basis, by the standards in the PU Zone District for such uses and by the provisions for review of capital projects in N.J.S.A. 40:55D-26a. Institutional uses and nonresidential social assistance establishments, as defined in § 166-4A, are permitted in the zone districts indicated below and shall be subject to the following regulations, in addition to all other applicable regulations of this chapter; in the case of conflict between the following regulations and other regulations of this chapter, the following shall supersede such other regulations:
A. 
Where permitted.
(1) 
Houses of worship, libraries and schools shall be permitted in the R-40, R-25, R-15, R-10 Zone Districts, the OB-RL, OB-DS, OB-RL3 Zone Districts, the I, I-2, I-4, I-5, I-P, I-P2, I-R Zone Districts and in the PU Zone District.
(2) 
State-licensed hospitals and nonresidential social assistance establishments shall be permitted in the OB-RL, OB-DS, OB-RL3 Zone Districts, the I, I-2, I-4, I-5, I-P, I-P2, I-R Zone Districts and in the PU Zone District.
B. 
Number of principal uses and buildings. The provisions of § 166-115A through D shall not apply to institutional uses. Institutional uses shall be permitted to be developed with more than one principal building on a lot, to contain more than one institutional use in a principal building, and, when located in a residential zone, to contain a dwelling unit that is accessory to the institutional use on the same lot as other buildings. If more than one principal building is constructed on a lot, such buildings shall be separated by a distance not less than 1/2 of the height of the taller building or 20 feet, whichever is greater. If the buildings vary in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion.
[Amended 6-14-2018 by Ord. No. 15-2018]
C. 
Permitted accessory uses and buildings. Accessory uses and buildings, as defined in § 166-4A, shall be permitted in addition to principal uses and buildings, provided that for-profit uses or activities shall be presumed to be a prohibited accessory to a nonprofit institutional use. Nonresidential accessory buildings shall be subject to the provisions of § 166-114C. A residence or residences for the staff of institutional uses, such as but not limited to parsonages, rectories, convents, manses and vicarages, used solely or primarily as housing, shall be permitted on the same lot or on lots separate from the institutional use, subject to the following:
(1) 
When such a residence is located on a separate lot from the institutional use, it shall not be considered an institutional use, but shall be considered a residential use and subject to all of the provisions applicable to residences in the zone district within which it is located.
(2) 
When such a residence is located on the same lot as the institutional use, and it is located within a separate building and its yard areas, its accessory uses and its accessory structures are generally distinct and separate from the institutional use, then it shall not be considered an institutional use, but shall be subject to all of the provisions applicable to residences in the zone district within which it is located, with that portion of the lot devoted to the residence considered its "lot" for purposes of complying with such requirements. Furthermore, the residential portion shall be excluded from the lot for the institutional use for purposes of complying with the requirements for the institutional use.
(3) 
When such a residence is located within the same building as the institutional use, or is located in a separate building but its yard areas, its accessory uses and its accessory structures are not distinct and separate from the institutional use, such residence shall be considered part of the institutional use and shall be subject to all of the requirements applicable to the institutional use.
D. 
Number of parking spaces. The minimum number of off-street parking spaces for institutional uses shall be as follows:
(1) 
Houses of worship:
(a) 
Sanctuary/worship areas and associated areas: one parking space for every four seats or 100 square feet of gross floor area, whichever is greater, at maximum capacity.
(b) 
Dining/meeting hall/rooms and associated areas: one parking space for every two seats or 65 feet of gross floor area, whichever is greater, at maximum capacity.
(c) 
Other areas: one parking space for every 250 square feet of floor area.
(d) 
The foregoing requirements for multiple areas shall only apply to areas which are in use at the same time.
(2) 
Elementary and middle/junior high schools: one parking space for every three students or 1.2 spaces per employee, whichever is greater, at maximum capacity.
(3) 
High schools: one parking space for every four students at maximum capacity.
(4) 
Other schools: 1.1 parking spaces for each student or 1.5 parking spaces for each employee, whichever is greater, at maximum capacity.
(5) 
State-licensed hospitals: five parking spaces per bed or one parking space for each employee on the maximum shift, whichever is greater.
(6) 
Libraries: one parking space for every 400 square feet of gross floor area.
E. 
Development standards in nonresidential zones. Where permitted in the nonresidential zones, institutional uses and nonresidential social assistance establishments shall comply with the development standards for nonresidential uses in the zone within which they are located; provided, however that the minimum lot area for institutional uses shall not be less than required for other nonresidential uses in the zone, or less than three acres for libraries, five acres for houses of worship and schools, and 10 acres for hospitals, whichever is more restrictive.
F. 
Development standards in residential zones. Where permitted in the residential zones, institutional uses shall comply with the following requirements:
(1) 
Minimum lot area: five acres of net developable area, which shall be defined as the gross lot area minus wetlands, wetland transition areas and any other areas within which development is prohibited. In the case of multiple lots used for the same institutional use, the net developable area of all such properties located within 200 feet of the lot or lots containing the principal building(s) shall be used for determining compliance with this requirement.
(2) 
Minimum front yard: 50 feet, or as required for residential development in the zone, whichever is greater.
(3) 
Minimum side and rear yard: 75 feet, unless the yard abuts property in a nonresidential zone, in which case a minimum yard depth of 40 feet shall be required.
(4) 
Maximum building height: 45 feet, excluding those features identified in the definition of "height of building or structure" in § 166-4A.
(5) 
Maximum building coverage: 25% of the lot area.
(6) 
Maximum improvement coverage: 60% of the lot area.
(7) 
Parking, loading and driveways.
(a) 
Parking and loading areas shall be located at least 50 feet from the front lot line(s).
(b) 
Parking and loading areas and driveways shall be located at least 25 feet from all side and rear lot lines; provided, however, that in those locations where the side or rear lot lines abut property in a nonresidential zone, then parking and loading areas and driveways shall be located at least 10 feet from the side and rear lot lines.
(c) 
As a limitation on the intensity of use, institutional uses shall be limited to uses and configurations that do not require more than 300 off-street parking spaces pursuant to the standards of this chapter.
(8) 
Buffer requirements. Institutional uses located in residential zone districts shall provide a planted buffer along any side or rear property line, or portion thereof, that abuts property in a residential zone district. The minimum depth of planting in the buffer shall be 20 feet, measured perpendicular to the lot line. The other standards for such buffer shall be the same as apply to multifamily residential zone districts that abut single-family residential zone districts in § 166-125. The Board may also require the installation of a fence as part of the buffer, with such fence designed to mitigate views and the impacts from headlights and noise from the institutional use property, as determined as part of any required site plan review.
[1]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
[Added 4-10-1997 by Ord. No. 11-97]
Notwithstanding any other provisions of this chapter, freestanding cellular telecommunications antennas shall be permitted as a conditional use as regulated in § 166-150B. Cellular telecommunications antennas which are mounted upon an existing structure shall be a permitted use in all nonresidential zone districts and shall be subject to the following regulations:
A. 
The antennas and related structures shall be subject to the height and area restrictions applicable to roof-mounted structures applicable in the zone district. If located in the I-3 Zone District, the antennas and related structures shall not exceed 10 feet in height nor shall their total area exceed 5% of the area of the roof to which they are attached.
B. 
The antennas and related structures shall be screened, insofar as is practical in order to maintain adequate transmission and/or reception capability, as determined by the Board.
C. 
The antennas and related structures shall be subject to site plan approval.
[Added 12-13-2012 by Ord. No. 24-12]
In addition to all other applicable requirements of this chapter, solar or photovoltaic energy facilities and structures shall be permitted in the following locations and shall be subject to the following requirements. In case of conflict between the following requirements and the other requirements of this chapter, the following shall supersede:
A. 
Solar or photovoltaic energy facilities and structures in residential zone districts.
(1) 
Solar or photovoltaic energy facilities and structures shall be permitted as an accessory use only, and not as a principal use.
(2) 
Solar panels shall be located on the roof of buildings only. Panels mounted on poles, on the ground or on other structures shall be prohibited.
(3) 
The height of solar panels shall not exceed the height of the roof at any point by more than 18 inches. The height shall be measured from the roof directly beneath the solar panel.
(4) 
In order to maintain the building's architectural style and appearance, the slope of roof-mounted solar panels shall be required to be consistent with the slope of the roof upon which the panel is located. Solar panels mounted on horizontal roofs may be pitched to maximize solar gain, provided that Subsection A(3) above is complied with.
B. 
Solar or photovoltaic energy facilities and structures in nonresidential zone districts.
(1) 
Solar or photovoltaic energy facilities and structures shall be permitted as a principal use or as an accessory use.
(2) 
Solar panels may be located on the roof of buildings, on poles, on the ground or on other structures.
(3) 
Solar panels mounted on the roof of buildings shall be subject to the following requirements:
(a) 
Solar panels shall be exempt from the coverage limitations applicable to other rooftop equipment.
(b) 
Solar panels that have a height of 18 inches or less above the elevation of the roof where the panels are mounted shall be subject to the following:
[1] 
Such panels shall be exempt from the maximum height regulations applicable to the building.
[2] 
Such panels shall not be required to be screened from view.
[3] 
When mounted on sloping roofs, the pitch of such panels shall be required to be consistent with the slope of the roof upon which the panels are located.
(c) 
Solar panels having a height greater than 18 inches above the elevation of the roof where the panels are mounted shall be screened from view on all sides by parapet walls, roofs, screens or similar features. If the screening is designed to appear as an integral part of the building architecture, then no additional requirements shall apply other than the maximum height regulations applicable to the building. Where the screening is not designed as an integral part of the building architecture, but is a distinct and separate feature, the following shall apply:
[1] 
Such panels and screening shall not exceed the elevation of the roof where the panels are mounted by more than five feet.
[2] 
Such panels and screening shall comply with the maximum height regulations applicable to the building.
[3] 
The screening of such panels shall be designed to be compatible with the architecture of the building, as determined by the reviewing agency.
(d) 
Solar panels mounted on roofs shall be located at least 10 feet from the edge of flat roofs unless a safety barrier having a height of at least 42 inches above the roof elevation is provided to prevent accidental falls from the roof by service and maintenance personnel.
(e) 
Solar panels mounted on horizontal roofs may be pitched to maximize solar gain, provided that the other requirements of this Subsection B(3) are complied with.
(4) 
Solar panels mounted on the ground, on poles or on other structures shall be subject to the following requirements:
(a) 
Such panels shall be permitted only in the side and rear yards. Such panels shall be prohibited in front yards.
(b) 
The height of such panels shall not exceed 20 feet above the ground at the base of the panel.
(c) 
Such panels shall be set back from all property lines a distance not less than 1.5 times the height of the panels, or shall be set back the minimum setback requirement for accessory buildings, whichever is more restrictive.
(d) 
Such panels shall be screened from the view of public streets and residential zones by vegetation, fencing or walls and/or topographic features, as determined by the Board at the time of site plan approval.
(e) 
In cases where the placement of solar panels and the requirements for landscaped islands in parking areas in this chapter conflict, such parking areas shall be exempt from the landscaped island requirements, but only to the extent of such conflict.
(f) 
In cases where solar panels in parking areas interfere with the illumination of the parking area by light fixtures, supplemental and/or revised illumination shall be provided to ensure adequate illumination beneath the panels.
(g) 
The placement of solar panels in parking areas shall not interfere with safe and convenient vehicular movements, including but not limited to dimensional requirements, turning radii, sight lines and vertical clearances for automobiles, trucks and emergency vehicles. Where deemed necessary by the reviewing agency, protective bollards, guide rails or other barriers shall be provided to prevent damage to solar panels or other solar or photovoltaic energy facilities or structures.
C. 
General provisions.
(1) 
In accordance with the provisions of N.J.S.A. 40:55D-38.1, the horizontal area of solar panels shall be excluded from calculations of impervious cover.
(2) 
All solar panels shall be oriented or otherwise designed (e.g., with nonreflective glass) to avoid directing reflected glare from the sun or from light fixtures toward adjacent properties or streets so as to be a nuisance or safety hazard.
(3) 
Solar panels shall be designed to avoid problems resulting from stormwater runoff, snow and ice accumulation and removal, and vehicular and pedestrian circulation.
(4) 
Wiring between freestanding solar panels and buildings shall be located underground.
(5) 
Signs shall not be permitted to be attached to solar panels, their support structures or equipment or any screening devices, except for signs required for service or maintenance personnel or warning signs for electrical hazards.