An application for a conditional use shall be accompanied by a preliminary site plan application and all required submissions in accordance with applicable checklists. The application shall include the payment of application fees for a conditional use and preliminary site plan together with a technical review fee in accordance with Chapter
171. See also Chapter
171 respecting the payment of deposits for inspection fees prior to the performance of inspections of required improvements. The Planning Board shall grant or deny the application for preliminary site plan approval and the conditional use (which, if approved, shall be subject to final site plan approval) within 95 days of submission of a complete application by the applicant or within such further time as may be consented to by the applicant.
Except as provided elsewhere in this article,
all conditional uses shall comply with the following restrictions
concerning the installation of signs on the premises:
A. One freestanding sign not to exceed 10 square feet
in area shall be permitted no closer than five feet from the edge
of the roadway pavement. If located at least 25 feet from the edge
of the pavement, a sign containing up to 16 square feet in area shall
be permitted.
B. One sign not to exceed four square feet affixed to
the principal structure or the premises shall be permitted.
C. If illuminated, all lighting shall be from an indirect
light source and shall be shielded so as to avoid glare and shall
not cause a nuisance or hazard to pedestrians and/or motorists. No
neon or internally illuminated signs shall be permitted.
D. The Planning Board or Board of Adjustment may require
such additional traffic or safety signs as it deems necessary in accordance
with site plan review and approval.
E. Prior to the installation of any signs on the premises,
a permit shall first be obtained from the Construction Official.
F. No additional signs other than that permitted under §
225-120A shall be permitted in connection with the establishment of an accessory residence in the R-1 and RR Zones.
[Added 6-5-2002 by Ord. No. 6-02; amended 11-3-2004 by Ord. No.
22-04]
[Amended 6-20-2001 by Ord. No. 8-01]
A house of worship, as defined in §
225-5, shall be permitted in any zone in accordance with §
225-169 subject to the conditions and standards listed below. In addition, accessory uses customary and incidental to the principal use of the property, including a nursery school, religious education classrooms, day-care center, parish house, storage building(s) and outdoor recreational areas, shall be permitted. A catering hall or similar use of the property shall not be permitted except for catering services directly related to and associated with religious functions and/or community nonprofit activities held on the premises. Any lot developed or used as a house of worship may also be developed or used as an elementary, middle or secondary (high) school, subject to compliance with all of the requirements applicable to the development of schools pursuant to §
225-173.
A. Bulk requirements. Recognizing that some residential zones in the Township have small lot area and setback requirements applicable to permitted uses, it is the intent of this section to allow houses of worship in all zone districts, subject to the access and frontage limitations of §
225-169A(2), while requiring sufficient setbacks to ensure appropriate buffering to adjoining uses. Lot size and frontage dimensions for sites located in zone districts other than the R-1 and RR Zones may need to be greater than the district minimum to accommodate the planned development or use of the site in order to meet the yard setback and other requirements of this section.
[Amended 11-3-2004 by Ord. No. 22-04]
(1)
Minimum lot size by zone district and uses:
(a)
R-1 and RR Zones: six acres.
(b)
All other zone districts: the minimum lot size
requirement of the zone district shall apply.
(c)
If an elementary, middle or secondary (high) school is situated on the same lot as a house of worship, the minimum lot size shall be the combination of that required for the house of worship stipulated herein, plus that required for a school in accordance with §
225-173C.
(d)
In addition, the applicant for a conditional
use shall demonstrate that there will be sufficient lot area to accommodate
the following on the site:
[1]
All proposed buildings, including future development,
parking areas and dropoff or stacking lanes if proposed.
[4]
Stormwater management facilities.
(2)
Minimum frontage requirement:
(a)
For a lot located in the R-1 and RR Zones: 500
feet.
(b)
For a lot situated with its frontage in a zone
other than the R-1 and RR Zones: 150 feet.
(3)
Minimum setbacks of buildings and structures.
The following setback requirements shall apply to all buildings and
structures on the site except a building used solely as a single-family
residence.
(a)
All setbacks in the R-1 and RR Zones. In the
R-1 and RR Zones, all buildings and structures shall be set back at
least 200 feet from any front, side of rear lot line or road line.
(b)
Front setbacks in all other zones. In a zone
other than the R-1 and RR Zones, the front setback requirement of
the zone shall apply to all buildings and structures.
(c)
Side and rear setbacks in residential zones
other than the R-1 and RR Zones. In a residential zone other than
the R-1 and RR Zones, all buildings and structures shall be set back
at least 50 feet from any side or rear lot line.
(d)
Side and rear setbacks in nonresidential zones.
In a nonresidential zone, the setback requirements of the zone district
shall apply.
(4)
Maximum lot coverage: For lots located in the
R-1 and RR Zones, the maximum lot coverage shall be 15%. For lots
located in any other zone, the maximum lot coverage shall be 25%.
(5)
Building arrangement and maximum height. The
site may be developed with one building or a group of buildings, provided
that all buildings and structures other than the building used for
religious worship shall be deemed to be accessory buildings and structures
which shall be located behind the front facade of the principal building
used for religious worship. It is the intent of this restriction that
accessory buildings not be perceived as being in front of the principal
building used for religious worship. Notwithstanding the height restrictions
of the zoning district in which the house of worship is situated,
the following limitations shall apply to the height of all buildings
and structures on the site:
(a)
The maximum height of the building used for
religious worship shall be 35 feet and not more than 2 1/2 stories.
(b)
Steeples shall not exceed 80 feet in height
as measured from the average finished grade on all sides of the building
at a distance of 15 feet from the perimeter of the building. Steeples
shall be allowed only on the building used for religious worship.
(c)
The maximum height of buildings and structures
used for religious education, community-related activities, administration,
nursery school or day-care services shall be 35 feet and not more
than 2 1/2 stories.
(d)
The maximum height of a single-family dwelling used solely for residential purposes in accordance with Subsection
B below shall be 35 feet and not more than 2 1/2 stories.
(e)
The maximum height of all other accessory buildings
and structures shall be 25 feet.
B. One single-family dwelling to be used solely for occupancy
by the household of an employee of the house of worship shall be permitted
on the same lot, provided that the maximum building area limitation
or floor area ratio applicable in the zone shall apply to all roofed
structures on the site, including the dwelling. If the dwelling is
used solely for residential purposes and is not used for any functions
otherwise related to the principal use of the property, the side and
rear yard setback limitations of the zone district in which it is
situated shall apply.
C. Off-street parking. Off-street parking shall be provided and designed in accordance with the requirements of this section and §
225-84. The total number of parking spaces shall be based on the cumulative amount required in connection with all uses listed below. In addition, an application for site plan approval in connection with any required parking area shall include an analysis of anticipated parking needs in connection with all proposed uses and buildings developed or proposed on the site. In particular, the applicant shall indicate the potential simultaneous use of the property for various uses and/or functions and shall demonstrate that sufficient parking spaces will be provided for all anticipated uses on the site.
(1)
No parking area shall be permitted in the front
yard.
(2)
Off-street parking shall be provided in accordance
with the following schedule:
(a)
A minimum of one space for each three seats
in the building used for religious worship shall be provided. For
bench seats, 22 inches shall equal one seat.
(b)
For nursery schools and/or day-care centers,
a minimum of one space per teacher or employee, plus a minimum of
one space per four children shall be provided. Sufficient area shall
be provided for car stacking in connection with dropoff or pickup
locations.
(c)
Parking for elementary, middle or secondary (high) schools shall be provided in addition to any other required parking on the site and shall comply with §
225-173D.
(3)
The Board, in its sole discretion, may permit
a portion of the required parking to remain unimproved upon a demonstration
by the applicant that the required number of spaces is in excess of
the anticipated need or is satisfied in whole or in part by the provision
of parking areas for other uses on the site (i.e., shared parking
arrangements). The unimproved area shall be reserved for future parking
and shall be displayed on the site plan as a specified number of spaces
"reserved for future parking" in the event that it is needed in the
future. The reserved area shall be included in the calculation and
limitation of total lot coverage and adequate provisions for stormwater
management shall be made in the event such area is improved in the
future. The Board may require the future improvement of any such reserved
parking area, which shall be in accordance with site improvement standards
then in effect and subject to site plan review and approval.
(4)
Parking area and driveway setbacks.
(a)
In the R-1 and RR Zones, no parking area or
driveway shall be located closer to a side or rear lot line than 150
feet.
[Amended 11-3-2004 by Ord. No. 22-04]
(b)
In a residential zone other than the R-1 and
RR Zones, no parking area or driveway shall be located closer to a
side or rear lot line than 50 feet.
(c)
In a nonresidential zone, side and rear setbacks
applicable to parking areas and driveways shall be the same as required
for parking areas in the zone.
D. No recreational area or playground shall be permitted
in the front yard or closer to the side or rear lot line than specified
below.
(1)
In the R-1 and RR Zones, no recreational area
or playground shall be located closer to a side or rear lot line than
150 feet.
[Amended 11-3-2004 by Ord. No. 22-04]
(2)
In a residential zone other than the R-1 and
RR Zones, no recreational area or playground shall be located closer
to a side or rear lot line than 50 feet.
[Amended 11-3-2004 by Ord. No. 22-04]
(3)
In a nonresidential zone, side and rear setbacks
applicable to a recreational area or playground shall be the same
as required for parking areas in the zone.
E. Buffers.
(1)
In the B-1 Zone, when the lot adjoins a residential
zone or Public Land Zone, a minimum fifteen-foot buffer shall be provided
along the lot line adjoining such zone. If wooded, the buffer shall
remain undisturbed and unimproved, or at the discretion of the Board,
it shall be fully landscaped consistent with the provisions of § 225-144J.
(2)
In all other zones, landscaped buffers and/or
berms shall be provided in association with any parking area, driveway,
recreational area or playground to appropriately buffer adjacent properties.
The Board may permit the retention of a wooded area to serve as a
buffer, provided that conservation restrictions satisfactory to the
Board are established to prevent the removal of vegetation without
the prior approval of the Board.
F. Hours of operation. The hours of operation for any
nonreligious activities shall be limited to the hours from 7:00 a.m.
to 11:00 p.m.
G. There shall be no use of the premises for events generating
parking demand in excess of the approved number of parking spaces
on the site and no use of the buildings that would generate occupancy
greater than the limits allowed under the building or fire code or
other applicable regulations.
H. Site lighting. Except as necessary for security purposes,
all site lighting shall be switched off at the conclusion of activities.
There shall be no illumination for any outdoor recreational areas.
Lighting posts shall not exceed 16 feet in height.
I. Solid waste. If solid waste is stored outside, a solid
waste storage area shall be provided subject to the setback limitations
applicable to buildings and structures. All outdoor solid waste storage
areas shall include an impervious surface, provisions for recycling
and shall be enclosed with a solid fence, six feet in height, or otherwise
screened from view as approved by the Board.
J. There shall be no outdoor storage of any materials,
equipment, products or supplies except as approved by the Board as
part of site plan approval. Any outdoor storage area shall be suitably
screened from view and landscaped as determined by the Board.
K. Mechanical equipment, including equipment located
on the roof of any building, shall be concealed by structures that
are integrally designed with the building and which shall conform
to the height limitations applicable to buildings as set forth above
or are otherwise shielded from view from adjoining lots and streets
and other off-site locations.
L. All fencing shall be approved by the Board as part
of site plan approval. No fence shall exceed eight feet in height,
and any fence greater than seven feet in height shall comply with
applicable setback requirements.
Public and private utility structures and site improvements (but not including satellite dish facilities) shall be permitted as a conditional use in all districts in accordance with §
225-169, provided the following conditions are met:
A. Minimum lot size and all bulk requirements of the
zone in which the property is situated shall apply to the proposed
use, structures and/or improvements.
B. The proposed use, structure(s) and/or improvements
are necessary in the proposed location for the proper operation of
the utility system.
C. The proposed use, structure(s) and/or improvements shall not create a nuisance as defined in §
225-5 (see definition of "nuisance factor").
D. The design of the structure(s) and/or improvements
in connection with such facility shall, to the extent possible, have
a residential appearance and shall conform, to the extent practicable,
to the general character of the area, and be effectively buffered.
All such structures and/or improvements shall not adversely affect
the safe and comfortable enjoyment of adjoining property owners or
the neighborhood.
E. Adequate and attractive fences and other safety devices
shall be provided.
F. Landscaping shall be provided including shrubs and/or
trees as is appropriate to the building(s) and use.
[Amended 11-20-2000 by Ord. No. 6-00; 2-21-2001 by Ord. No.
1-01]
Public and private day schools of elementary, intermediate or secondary school grades (PreK-12) shall be permitted as a conditional use in all zones in accordance with §
225-169, subject to the conditions and standards listed below. Boarding schools are not permitted. Except as permitted pursuant to the Municipal Land Use Law, schools providing educational instruction or day-care services to pre-kindergarten-aged children are not permitted unless in conjunction with an elementary school or a house of worship pursuant to this article.
A. The applicant shall submit a statement that shall
indicate the grade levels of the school, the planned pupil capacity
and the maximum potential enrollment and development of the school
site.
B. An applicant seeking conditional use approval for
a private school shall demonstrate that the school's educational program
includes a full academic curriculum that is equivalent to that provided
by public schools. Supporting evidence to be submitted by the applicant
shall include copies of the duly adopted school charter, bylaws or
similar documentation relating to the school's organization and purpose.
The Board shall consider whether the school is accredited by a recognized
school association or educational organization.
C. Bulk requirements.
(1)
Minimum lot size and buildable area. The minimums
lot size shall be based upon the school type and projected enrollment
as follows:
(a)
Elementary school (PreK through 5th grade):
10 acres, plus one additional acre for every 100 students, or portion
thereof, based on the maximum potential enrollment.
(b)
Intermediate or middle school (grades 6 through
8): 20 acres, plus one additional acre for every 100 students, or
portion thereof, based on the maximum potential enrollment.
(c)
Secondary or high school (grades 9 through 12):
30 acres, plus one additional acre for every 100 students, or portion
thereof, based on the maximum potential enrollment.
(d)
In addition to the above minimum requirements,
for each school type, there shall be within the building envelope
of the lot a minimum area, the size of which is specified herein,
that is free of wetlands and wetland transition areas, flood hazard
areas, slopes of 15% or greater and easements that preclude development:
[1]
Elementary school (PreK through 5th grade):
2.4 acres.
[2]
Intermediate or middle school (grades 6 through
8): 6.4 acres.
[3]
Secondary or high school (grades 9 through 12):
10.4 acres.
(e)
If there is a mix of grade levels (e.g., middle and high school), the greater minimum lot size requirement shall apply, except that if only one additional grade level is provided (e.g., PreK-6), no additional acreage shall be required beyond that specified in Subsection
C(1) hereinabove.
(2)
The applicant shall demonstrate that there will
be sufficient lot area to accommodate the following on the site:
(a)
All proposed buildings, including future development,
parking areas, bus stop/dropoff lanes, etc.
(d)
Playfields and other outdoor recreational facilities.
(3)
Minimum setbacks of buildings and structures.
(a)
In any residential zone, all buildings and structures
shall be set back at least 200 feet from any lot line or road line.
(b)
In any nonresidential zone, the setback requirements
of the zone district shall apply to the placement of all buildings
and structures.
(4)
Minimum setbacks of parking areas, driveways
and recreational areas.
(a)
No parking area shall be permitted in the front
yard, and no parking area shall be permitted within 150 feet of any
side or rear lot line for lots located in a residential zone or 20
feet of any side or rear lot line for lots located in a nonresidential
zone.
(b)
No driveway shall be permitted within 150 feet
of any side or rear lot line for lots located in a residential zone,
except that if the adjoining use is nonresidential, the minimum setback
to the side or rear property line shall be 50 feet. In a nonresidential
zone, no driveway shall be permitted within 20 feet of any side or
rear lot line. Sufficient area shall be provided for car stacking
to dropoff or pickup locations.
(c)
No recreational area, athletic field or playground
shall be permitted in the front yard, and no recreational area, athletic
field or playground shall be permitted within 150 feet of any side
or rear lot line.
(d)
Landscaped buffers and/or berms shall be provided
as necessary in association with any parking area, driveway, recreational
area, athletic field or playground to appropriately buffer adjacent
properties. The Board may permit the retention of a wooded area to
serve as a buffer, provided that conservation restrictions satisfactory
to the Board are established to prevent the removal of vegetation
without the prior approval of the Board.
(5)
Maximum lot coverage: 15% of the site.
(6)
Maximum height of buildings and structures.
(a)
Maximum height of principal buildings: 35 feet
and not more than 2 1/2 stories.
(b)
Maximum height of accessory buildings and structures:
25 feet.
(c)
Unenclosed spectator structures (outdoor seating)
shall be permitted in association with recreational/athletic fields,
provided that the height of any such structures shall not exceed 15
feet.
(7)
Minimum lot frontage: 500 feet.
D. Off-street parking. Off-street parking shall be provided and designed in accordance with §
225-84 and shall be based on the following:
(1)
Elementary school (PreK through 5th grade):
two spaces per classroom but not less than one space for each teacher
and staff or on-site employee.
(2)
Intermediate or middle school (grades 6 through
8): 1 1/2 spaces per classroom but not less than one space for
each teacher and staff or on-site employee.
(3)
Secondary or high school (grades 9 through 12):
2 1/2 spaces per classroom but not less than one space for each
teacher and staff or on-site employee. In addition, the applicant
shall demonstrate the adequacy of parking for the student body.
(4)
The Board, in its sole discretion, may permit
a portion of the required parking to remain unimproved upon a demonstration
by the applicant that the required number of spaces is in excess of
the anticipated need. The unimproved area shall be reserved for future
parking and shall be displayed on the site plan as a specified number
of spaces "reserved for future parking" in the event that it is needed
in the future. The reserved area shall be included in the calculation
and limitation of total lot coverage, and adequate provisions for
stormwater management shall be made in the event such area is improved
in the future. The Board may require the future improvement of any
such reserved parking area, which shall be in accordance with site
improvement standards then in effect and subject to site plan review
and approval.
E. One single-family dwelling to be used solely for occupancy
by an employee (together with his or her family) of the school shall
be permitted on the same lot as the school use, provided that the
maximum building area limitation or floor area ratio applicable in
the zone shall apply to all roofed structures, including the dwelling.
The dwelling shall comply with all setback and height limitations
applicable to other principal buildings on the site.
F. The site may be developed with one building or a series
of buildings in a campus-style arrangement, and each building used
for educational instruction, administration or athletic/recreational
purposes, including a single-family dwelling, shall be considered
a principal building subject to the bulk and height limitations applicable
to principal buildings. Other buildings or structures accessory or
incidental to the principal uses, including but not limited to sheds,
garages, utility buildings or structures and storage buildings, shall
comply with all setback limitations and the height restrictions applicable
to accessory buildings and structures.
G. Use of the school premises by nonprofit community
groups shall be permitted on a limited and incidental basis only,
subject to the hours of operation limitation heroin. The site shall
not be used as a conference center unless directly related to the
school use. Outdoor use of the premises shall be limited to athletic
or recreational activities. There shall be no use of the premises
for events generating parking demand in excess of the approved number
of parking spaces on the site and no use of the buildings that would
generate occupancy greater than the limits allowed under the building
or fire code or other applicable regulations.
H. Hours of operation. The hours of operation for the
school and any activities related to the school, including athletic
activities, administrative meetings, conferences and the use of the
premises by nonschool groups, shall be limited to the hours from 7:00
a.m. to 11:00 p.m.
I. Site lighting. Except as necessary for security purposes,
all site lighting shall be switched off at the conclusion of activities.
Lighting posts shall not exceed 16 feet in height. There shall be
no illumination for outdoor athletic or recreational activities.
J. Outdoor public address systems. Any proposed outdoor
public address system shall comply with all applicable Township ordinances
and must be approved by the Board as part of site plan approval. The
applicant shall demonstrate that use of the system will not have a
deleterious impact on adjoining properties.
K. Solid waste. If solid waste is stored outside, a solid
waste storage area shall be provided subject to the setback limitations
applicable to buildings and structures. All outdoor solid waste storage
areas shall include an impervious surface, provisions for recycling
and shall be enclosed with a solid fence, six feet in height, or otherwise
screened from view as approved by the Board.
L. There shall be no outdoor storage of any materials,
equipment, products or supplies except as approved by the Board as
part of site plan approval. Any outdoor storage area shall be suitably
screened from view and landscaped as determined by the Board.
M. Mechanical equipment, including equipment located
on the roof of any building, shall be concealed by structures that
are integrally designed with the building and which shall conform
to the height limitations applicable to buildings as set forth above
or are otherwise shielded from view from adjoining lots and streets
and other off-site locations.
N. All fencing shall be approved by the Board as part
of site plan approval. No fence shall exceed eight feet in height,
except that a fence enclosing tennis, basketball or paddle courts
may be constructed to a height of 10 feet, and further provided that
any fence greater than seven feet in height shall comply with applicable
setback requirements.
[Amended 9-5-2001 by Ord. No. 17-01]
Township parks, playgrounds, libraries and other Township-operated governmental buildings or uses for the residents of the Township, including firehouses and rescue squad buildings and facilities, shall be permitted in any zone in accordance with §
225-169, provided that the following conditions are met:
A. The design of the buildings in connection with such
facility shall conform to the general character of the area or be
effectively buffered and shall not adversely affect the safe and comfortable
enjoyment of adjoining property owners or the neighborhood.
B. The facility shall to the extent practicable implement
the goals and objectives of the Township Master Plan.
C. Landscaping shall be provided including shrubs and/or
trees, as is appropriate to the building(s) and/or use.
D. Off-street parking shall be provided sufficient for
the proposed use.
[Added 7-12-1999 by Ord. No. 8-99]
Notwithstanding the provisions of §
225-116C, towers supporting wireless telecommunications antennas and associated equipment shall be permitted as a conditional use on any lot in the OB Zone and the B-2 Zone only on the eastern side of Route 202, subject to the provisions and standards enumerated below. The provisions of this section and the standards herein shall also apply to the installation of more than one antenna or more than one antenna array on existing or proposed buildings or structures in these zones.
A. General.
(1)
Applications to construct wireless telecommunications towers and/or install antennas or antenna arrays shall not be subject to the provisions of §
225-169A(5) with respect to a report from the Board of Health.
(2)
The Township reserves the right to engage an
independent radio frequency engineer or other expert to review any
documentation or testimony provided by the applicant. The costs for
any consultants or experts engaged by the Township shall be paid by
the applicant in accordance with the provisions of the Municipal Land
Use Law.
B. Application requirements. In addition to the site plan application requirements stipulated in §
225-168, the following information shall be provided to the Board:
(1)
Evidence of the need for the wireless telecommunications
improvements within the Township and/or surrounding area.
(2)
Evidence that a license to provide service has
been obtained from the Federal Communications Commission.
(3)
An applicant for multiple antennas or antenna
arrays on an existing building or a tower shall provide an inventory
of all existing approved wireless telecommunications sites within
the Township and within one mile of the Township border including
specific information about the ownership, location, height, number
of antennas/arrays, and tower design. The inventory, and any updates
thereof, shall be maintained on file with the Planning Board Secretary
and Township Clerk as a public document.
(4)
If a tower is proposed, the applicant shall
provide documentary evidence that a reasonable attempt has been made
to locate the antennas on or in existing buildings or structures or
on another existing tower, if any. Such evidence shall include a radio
frequency engineering analysis of the potential suitability of existing
buildings or structures in the search area for such antennas. Efforts
to secure such locations shall be documented through correspondence
between the wireless telecommunications provider and the property
owner(s) of the existing buildings or structures.
(5)
The applicant shall provide testimony by a radio
frequency engineer regarding the suitability of potential locations
for wireless telecommunications facilities in light of the design
of the wireless telecommunications network. Where a suitable location
on an existing tower is found to exist, but an applicant is unable
to secure an agreement to collocate its equipment on such tower, the
applicant shall provide written evidence of correspondence with the
owner of such tower verifying that suitable space is not available
on the existing tower(s).
(6)
The applicant shall provide a description of
the tower and/or arrays and the technical and other reasons for the
facility's design, height, and location.
(7)
The applicant shall provide documentation to
establish that the tower has sufficient structural integrity for the
proposed use at the proposed location and meets the minimum construction
requirements of the New Jersey Uniform Construction Code.
(8)
The applicant shall provide documentation indicating
the extent to which additional equipment could be mounted on the tower
(including the number and types of antennas or other equipment) and
included within the equipment compound.
(9)
The applicant shall provide a letter of commitment
which shall be binding upon the tower owner and all successors in
interest, to lease excess space on the tower to other potential users
at reasonable rates which shall be economically viable and not unduly
burdensome. The letter of commitment shall be recorded prior to the
issuance of a building permit.
(10)
The applicant shall provide elevations of the
proposed tower and associated structures generally depicting all proposed
antennas, platforms, finish materials, and all other accessory equipment,
structures, fences, and landscaping.
C. Conditional use standards. In addition to all other standards contained in §
225-169, except as noted in Subsection
A(1) above, the following conditions shall be met for wireless telecommunications towers and associated equipment:
(1)
When the applicant demonstrates to the satisfaction
of the Board that suitable locations on existing buildings or structures
either do not exist or are not available or viable, the applicant
may seek approval to erect a wireless telecommunications tower in
accordance with the following requirements:
(a)
Minimum lot size: same as for permitted uses.
(b)
Minimum setback of tower and equipment compound
from any property line: same as for permitted uses.
(c)
Maximum tower height: no more than necessary
to provide service and in no case higher than 120 feet.
(d)
Maximum number of towers per lot: one.
(2)
An equipment compound may be erected in connection
with a tower, provided:
(a)
It consists of no more than 2,500 square feet
in area.
(b)
It shall be situated behind any existing structures,
buildings or terrain features that will help shield the compound from
public view.
(c)
The maximum height of all equipment lockers,
cabinets, or other structures, other than the tower, within the equipment
compound shall not exceed 12 feet. The maximum height of any building
within the equipment compound shall not exceed the height limitations
of the zone in which the property is situated.
(d)
When a location out of public view is not possible,
a landscaped buffer of 20 feet in width shall be provided around the
compound to shield the facility from public view. Landscaping shall
include evergreen trees at least eight feet in height at the time
of planting and shall be planted in staggered double rows at 15 feet
on center, or screening that will provide equivalent buffering.
(3)
Equipment buildings, cabinets, or lockers shall
be located within the equipment compound which shall be enclosed within
a solid wooden fence at least seven feet in height but not more than
eight feet in height. The fence shall include a locking security gate.
(4)
Facilities installed according to these provisions
shall be suitably finished and/or painted so as to minimize their
visual impact on the landscape. Buildings and equipment that will
be visible to the public should be designed in a manner and constructed
of materials that are consistent with their surroundings. The tower
and equipment associated with the antennas shall be of such color
or finish so as to blend with their surroundings. When such color
or finish compatibility is not possible, the color and/or finish shall
be designed to minimize the visual impact of the tower, antenna arrays,
and equipment. Whenever possible, and at the discretion of the Board,
the tower shall be camouflaged to blend in with its surroundings or
natural features.
(5)
Wireless telecommunications towers shall not
be erected within 1,000 feet of any historic district or site listed
on or eligible for listing on the National and/or State Register of
Historic Places.
(6)
Antenna modifications, tower certification,
and abandonment.
(a)
Operators of wireless telecommunications towers
shall, on an annual basis, provide to the Township a letter certifying
that the tower is still in use.
(b)
Wireless telecommunications towers that are
not in use for wireless telecommunications purposes for six consecutive
months shall be removed by the facility owner or the contractually
responsible party at its expense. Removal shall occur within 90 days
of the end of such six-month period. Upon removal, the site shall
be cleaned, restored, and revegetated to blend with the existing surrounding
vegetation at the time of abandonment.
(7)
Co-location is strongly encouraged in order
to avoid the construction of multiple towers. All wireless telecommunications
towers and equipment compounds shall be built so as to facilitate
collocation with additional service providers, provided that the height
limits and other bulk restrictions of this chapter are not exceeded.
[Added 6-21-1999 by Ord. No. 6-99]
An assisted living residence as defined in this
chapter shall be permitted as a conditional use only in the following
specified zones and subject to the conditions and standards stipulated
below:
A. An assisted living residence licensed by the New Jersey Department of Health and Senior Services shall be permitted as a conditional use in the PRN-RC Zone and the B-2 and OB Zones on the easterly side of Route 202 only. The development regulations and standards of this §
225-176 shall apply to the development of assisted living residences and are intended to supersede those otherwise applicable to other permitted or conditional uses in the PRN-RC, B-2, and OB Zone districts. An applicant for an assisted living residence shall submit, with the application for conditional use approval, a certificate of need approved by the New Jersey Department of Health and Senior Services.
B. Supportive assisted living services and accessory
uses directly related to and included in an assisted living residence
development may include the following: a nursing home component approved
by the New Jersey Department of Health and Senior Services; congregate
dining facilities and food preparation areas; administrative offices
related only directly to the administration of the facility; facilities
for health care and services such as nursing stations, physician's
offices, and examination rooms; facilities for physical therapy; rooms
for exercise and entertainment; storage rooms; chapel(s); housekeeping
and laundering services; beauty/barber shop for the benefit of residents
only; and indoor and outdoor recreation areas. All supportive services
and accessory uses shall be for the sole use and benefit of the resident
users and their guests, and staff working at or assigned to the facility.
An applicant for an assisted living residence development shall provide
documentation as part of the application for conditional use and site
plan approval indicating the total number of employees per shift.
C. Bulk requirements and development standards.
(1)
Minimum lot size: six acres. In addition, the applicant for an assisted living residence shall demonstrate that there is sufficient lot area to accommodate all proposed buildings, all required setbacks, required and proposed parking, driveways and loading areas, buffers if required by §
225-169A(4), sewage disposal systems and any other necessary utilities.
(2)
Maximum number of units: 50.
(3)
Maximum number of beds: 60.
(4)
Maximum building area: 10% of lot area.
(5)
Maximum floor area ratio: not applicable.
(6)
Maximum total lot coverage: 30% of lot area.
(7)
Minimum lot frontage: 250 feet.
(8)
Minimum setbacks. All buildings and structures
shall be set back at least 50 feet from any lot line or road line.
Accessory buildings shall be situated behind the principal building.
Parking areas shall be limited to the side and rear yards with a setback
from property lines of not less than 20 feet.
(9)
Maximum building height: 35 feet and not more
than 2 1/2 stories.
(10)
Parking requirements. Sufficient parking shall
be provided on the site to accommodate the maximum number of employees
during the peak shift period plus a minimum of one parking space for
every four beds. If the number of required parking spaces results
in more parking than needed for the use, as demonstrated by the applicant
based on expert testimony, the Planning Board may permit a portion
of the required parking to be shown on the site plan as being reserved
for future parking.
(11)
Parking areas, driveways, and loading areas
shall be designed and constructed in accordance with the New Jersey
Statewide Residential Site Improvement Standards.
(12)
Stormwater drainage systems shall be designed
and constructed in accordance with the New Jersey Statewide Residential
Site Improvement Standards except as modified by special area standards
contained in this chapter.
(13)
Lighting. Exterior lighting shall not create
glare or shine on adjoining properties. After 11:00 p.m., only that
lighting deemed necessary for security and emergency purposes shall
be permitted to remain switched on.
(14)
All refuse disposal and recycling areas, generators,
air-conditioning units, and any other special utilities or equipment
necessary for the development shall be placed behind the principal
building. Refuse areas shall be enclosed with a solid wood fence at
least six feet but not higher than eight feet in height.
(15)
Landscaping. All assisted living developments
shall incorporate landscaping appropriate to the surrounding area
and Harding's rural character. Landscaping shall be employed wherever
possible to shield refuse areas and other outside equipment such as
generators from view.
[Added 12-27-2000 by Ord. No. 7-00;
amended 11-3-2004 by Ord. No. 22-04]
A farm stand or farm market, as defined in this
chapter, or a building containing an area for the sale of agricultural
products produced by a commercial farm shall be permitted as a conditional
use in the R-1, RR, R-2, R-3 and R-4 Zones subject to the conditions
and standards stipulated below:
A. Conditions applicable to farm stands and farm markets.
(1)
Any farm stand, farm market or building from
which agricultural or horticultural products will be offered for sale
must be part of and located on a commercial farm parcel consisting
of at least five acres of land located within the Township of Harding.
(2)
Any agricultural or horticultural product grown
or processed in connection with the farm operation, and items required
for packaging or the use of such products, may be offered for sale.
In addition, items such as fresh fruits, fresh vegetables, cider,
honey, jams and jelly, pies and bread and cut evergreen trees grown
and/or processed off site may be sold. All other retail activities
such as the preparation of and sale of fast food, mechanized equipment
and the sale of products associated with convenience stores are expressly
prohibited. It is the intent of this regulation to provide farmers
with an outlet to sell their agricultural or horticultural products
and to make those farm products accessible to the public.
(3)
No more than one building containing a retail
display area or detached farm stand or farm market shall be permitted
on a lot.
(4)
The farm stand, farm market or building from which agricultural or horticultural products will be offered for sale shall comply with the setback limitation stipulated in §
225-169A(3). The farm stand, farm market or other building from which agricultural or horticultural products will be offered for sale shall comply with the front setback requirement and other applicable bulk regulations of the zone in which it is located except as stipulated below with respect to height restrictions.
(5)
The farm stand, farm market or building from which agricultural or horticultural products will be offered for sale shall comply with the regulations contained in §
225-116K of this chapter.
(6)
The operation of the sales activities must not
result in traffic congestion on abutting streets or endanger the public
by interfering with the safe and convenient flow of traffic on public
streets.
(7)
There shall be no loudspeakers or playing of
amplified music that is audible beyond the limits of the property
line.
(8)
No sales shall occur before 7:00 a.m. or later
than 8:00 p.m.
(9)
Outdoor lighting shall be designed to provide
for safety and security without illuminating adjacent properties.
There shall be no glare when observed from adjacent properties or
public roads. Nothing herein, however, shall be construed to require
outdoor lighting.
(10)
The outdoor display of goods or products for sale shall be limited in accordance with a specified area approved by the Board as part of site plan review and approval procedures. All outdoor display areas shall comply with the setback limitation specified in §
225-169A(3). Outdoor display area(s) may be situated in the front yard, subject to approval by the Board, provided that no outdoor display area shall be located within 25 feet of the road line. The Board may require that an outdoor display area be screened from view of neighboring properties.
(11)
Signs shall be permitted in accordance with §
225-120A and shall otherwise comply with all limitations and restrictions contained in Article
XXIII.
B. Special conditions applicable to farm stands.
(1)
Size limitation. No farm stand shall exceed
500 square feet in area.
(2)
Height limitation. No farm stand shall contain
more than 1 1/2 stories or exceed 20 feet in height.
C. Special conditions applicable to farm markets.
(1)
Size limitation. No farm market shall exceed
1,000 square feet in area. The sales area of a farm market located
within a larger building or structure shall be limited in area to
1,000 square feet.
(2)
Height limitation. A building used for a farm
market shall comply with the height restrictions of the zone for accessory
buildings, except that a farm market may be established within a preexisting
barn or other farm outbuilding which is nonconforming with respect
to height.
D. Parking requirements. Off-street parking shall be
provided in connection with any farm stand, farm market or outdoor
display area for the sale of agricultural or horticultural products
in accordance with the following standards:
(1)
A minimum of three off-street parking spaces
shall be provided in connection with a farm stand. In addition, sufficient
off-street parking shall be provided for employees.
(2)
One parking space for every 200 square feet
of sales area shall be provided in connection with a farm market,
with a minimum requirement of three spaces. In addition, sufficient
off-street parking shall be provided for employees.
(3)
If an area is set aside for the outdoor display
of products for sale, the Board may require the provision of additional
parking spaces at the rate of one space for every 500 square feet
of outdoor display area. The Board may require the additional parking
spaces to be improved or it may permit an area to be reserved on the
site for such additional parking in the event that it is needed in
the future.
(4)
The location of any parking area shall comply with §
225-169A(3) and, in any event, no parking shall be permitted within any required yard area, including the required front yard of the zone in which the lot is situated.
(5)
The construction standards for any parking area
shall be approved by the Planning Board and may include, at the discretion
of the Planning Board, suitable grassed areas, gravel surfaced areas
or paved areas.
E. Driveways. No driveway shall open onto a road within
100 feet of any four-way intersection or property line, and all entrances
shall have adequate sight distance so as to conform to generally accepted
safety standards.
F. Abandonment. If the commercial farm or agricultural
activities are discontinued, the retail display area, farm market
or farm stand and the associated parking area and all other related
improvements shall be removed within 180 days.
[Added 6-5-2002 by Ord. No. 6-02; amended 6-4-2003 by Ord. No.
12-03; 7-7-2004 by Ord. No. 18-04; 11-3-2004 by Ord. No. 22-04]
In the R-1 and RR Zones only, and not in any other zone, in addition to the principal dwelling on the premises, one accessory residence may be established in or constructed as an accessory building or structure, in accordance with the following standards and, notwithstanding the provisions of §
225-168, shall be subject to minor site plan approval.
A. Minimum lot size. No accessory residence shall be
established on any lot unless said lot has an area comprising at least
six acres.
B. The accessory residence shall be clearly accessory
and incidental to the principal use of the property for residential
purposes.
C. Accessory residences shall be limited to a total of
1,200 square feet of living space, which shall include all finished
living spaces, kitchen, bedrooms and baths. Space dedicated to garage
parking for vehicles or equipment or storage space not affiliated
or used in connection with the accessory residence unit shall not
be included in this square footage limitation.
D. No accessory residence shall contain more than two
bedrooms.
E. The accessory building or structure containing an
accessory residence shall comply with all of the setback and height
limitations applicable to accessory buildings in the R-1 and RR Zones.
F. The accessory building or structure shall be located behind the front facade of the principal building or structure situated on the same lot in accordance with §
225-116D(1).
G. An accessory building or structure may only be used
as a residence by immediate family members, domestic employees working
on the premises and/or temporary guests, except that an accessory
residence in a contributing historic structure shall be exempt from
this limitation, provided that conditional use approval is obtained
in accordance with this article. For the purposes of this section,
the Board shall determine that a building is a "contributing historic
structure" based on the review and recommendation of the Historic
Preservation Commission. In the event of subsequent damage or partial
destruction of the historic structure, the Historic Preservation Commission
shall confirm its status as a contributing historic structure prior
to any reoccupancy pursuant to the exemption contained in this section.